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30 November 2009

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Saturday, 1 November 2008

Do Qazi Hussain Ahmed and Imran Khan respect judiciary (Supreme Court of Pakistan including Iftikhar Chaudhry)? Some pages from history....



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10 comments:

Anonymous said...

it is all crap as far as dragging Imran Khan into it is concerned. Not once in these news articles has his name appeared and yet the blogger deliberately tries to fit his name alongside Qazi.
Simply biased.

Raazi said...

Anonymous, since Imran Khan is the self-proclaimed saviour of insaf in this country, did he condemn this insaf-cidal statement by his underwear friend Qazi Hussain Ahmed?

Aamir Mughal said...

Do Qazi Hussain Ahmed, Imran Khan and other supportes of Iftikhar Chaudhry respect judiciary?
============

No they don't, they just want to fix MQM even at the cost of National Unity.

Dark Secret of Imran Khan:

Do check 2002 National Newspapers for the dirty role played by Imran Khan in support of General Musharraf.

And Imran Khan and his party Tehreek-e-Insaf [Pakistan Justice Party]supported General Musharraf in his Illegal Referendum in 2002 [to become Illegal President of Pakistan]. It seems that Imran Khan and his party indirectly supported General Musharraf's Zioninst Friends back in 2002 [was Imran Khan sleeping or smoking a Joint] because in 2002 Imran Khan backed the referendum to decide the future of President Pervez Musharraf. After considerable dithering, Imran Khan declared that his party has decided to support Musharraf's referendum. In a statement issued from Karachi, Imran had said he has decided to support the referendum as he believed that Musharraf wanted "to make Pakistan a modern Islamic, welfare state".

Abondning a love Child [born out of wedlock] and that too a girl is not a good thing for a leader [I wonder what the Quran has to say about such adulterer, I wont quote Hadith] i.e. Imran Khan who as per you would change Pakistan's destiny. You are very far from reality of ruthless and pragmatic and even ideological politics.

MONTHLY NEWSLINE PAKISTAN DECEMBER 2002

http://www.newsline.com.pk/NewsDec2002/newsbeatdec5.htm

Imran Khan's choice of candidate for prime minister has left many of his ardent fans, especially women, dumbfounded. The cricketer-turned-politician voted for Maulana Fazlur Rehman, the Muttahida Majlis-e-Amal's nominee for premier, against the advise of many liberal and progressive members within his Tehrik-e-Insaaf (TI).

Imran used his solitary vote in parliament in Rehman's favour, forwarding the argument that the MMA is the only political force that is independent and does not take dictation from abroad. He maintained that he found himself ideologically and politically close to the MMA, which denounces President Pervez Musharraf's support to the international coalition in the war against terrorism, especially in neighbouring Afghanistan.

"Khan has more than a soft corner for the ousted Afghan Taliban," a senior leader of his party said on the condition of anonymity. "He thinks that the orthodox religious militia did a great service to Afghanistan and Islam before they became a target of the Americans."

Also, the MMA's firm stand against Musharraf, especially his series of controversial constitutional amendments, won the heart of Pakistan's former speedster, he added.

Imran's protracted bitterness towards the Pakistan Peoples' Party and anger against the Pakistan Muslim League left him with no alternative other than the MMA, which secured 86 votes, including those of the Pakistan Muslim League (N).

Khan's vote for the pro-Taliban cleric has added to the political confusion within his party, which performed poorly in the October 10 elections. "It would have been understandable, had Imran voted for a candidate that was nominated jointly by the opposition," said a senior Tehrik-e-Insaaf leader. "But by voting for the MMA, he most certainly has lost his standing among the liberal, democratic and progressive elements in society."

Human rights groups and the majority of the moderate and liberal Muslims have been extremely critical of the MMA's narrow interpretation of Islam and the conservative views of its leaders on women, education, fine arts, television and sports. By voting for the MMA, the Tehrik-e-Insaaf chief has, in effect, endorsed the religious alliance's stand on these issues as well.

Will the women's wing of the Tehrik-e-Insaaf, led by Jemima, Khan's British-born wife, endorse the Taliban-like interpretation of Islam? That remains a moot point.

Mairaj Mohammed Khan, the Tehrik-e-Insaaf's secretary general who has spent a lifetime advocating socialism and secular politics, finds it hard to defend the somersaults of the party leader, who has drifted from one extreme (of being pro-Musharraf) to the other extreme (of being anti-Musharraf) within a short span of time.

"Even we are finding it difficult to figure out the real Imran," quipped another of his Karachi-based leaders. "He dons the shalwar-kameez and preaches desi and religious values while in Pakistan, but transforms himself completely while rubbing shoulders with the elite in Britain and elsewhere in the west."

Many in the Tehrik-e-Insaaf would have preferred to see Imran abstain from the voting like the veteran Pakhtoonkhawa Milli Awami Party leader Mahmood Khan Achakzai.

"But such political maturity is perhaps too much to ask or expect of Imran," says a Karachi-based Tehrik-e-Insaaf leader and a close aide of Mairaj Mohammed Khan's. "It is understandable why people do not take Imran and his party seriously in politics," he said. "His self-righteousness and high-flying principles fail to explain the contradiction between his strange fondness for the maulanas and his passion for all the good things in life which have come from the west.

Imran Khan's vote for the MMA candidate for PM leaves his admirers wondering if he is actually a mullah at heart.

When one is Political Figure then his Personal Life also becomes a matter of importance, I wish you remember Monica and Bill Clinton Love Affair...

Mr. Imran Khan! the same Imran Khan and Tehreek-e-Insaf [Justice Party supported the Illegal Referendum 2002 held by General Musharraf's Martial Law Regime for self-appointment as President of Pakistan] is sitting with Qazi Hussain Ahmed [Jamat-e-Islami i.e. other half of MMA then suddenly it becomes matter of urgent national interest. One wonders where is Imran's integrity because Justice [Retd] Tariq Mehmood of The Lawyers Movement has repeatedly appealed to the Lawyers to keep the movement apolitical and impartial and donot let at least those element like Jamat-e-Islami who under the MMA supported General Musharraf's Uniform through supporting his draconian and illegal 17th Constitutional Amendment which has ruined the constitution. Imran Khan talk of Justice and Fair Play lets call spade a spade, would Mr Imran provide Justice to Ms. Sita White on whom the Jamat-e-Islami's official Newspaper Jasarat used to run character assassination campaign against Imran Khan throughout 90s.

'MMA was created by ISI' RECORDER REPORT [Courtesy Business Recorder 2005]

http://www.brecorder.com/index.php?id=198267&currPageNo=12&query=jamhoori&search=1&term=2004-10-012006-12-31&supDate=

MULTAN (February 16 2005): Farooq Maudoodi son of founder of Jamaat-i-Islami, late Abul Aala Maudoodi, has said that Muttahida Majlis-i-Amal (MMA) had been created by ISI and it is a part and parcel of the military government and cannot part ways with President Pervez Musharraf. Talking to a group of journalists here on Tuesday he said: "Qazi Hussain Ahmed met the then ISI chief, General Ehsan-ul-Haq, then called on General Pervez Musharraf and later met US ambassador, then flew to United States. As soon as he returned, MMA was formed like IJI (Islami jamhoori Ittehad)."

He said that IJI was organised by ISI and funds were also provided by it on the assurance of Qazi Hussain Ahmed, who had also played a key role in IJI. "Now he is playing major role in MMA."

Bitterly criticising the MMA, Farooq said that the role of MMA is evidence of its loyalties with military regime. It had approved the 17th constitutional amendment which is in favour of the present regime.

He said: "Where has the MMA movement gone while its leadership is claiming that it would continue till the achievement of objective of 'Uniform'?"

Farooq said that Benazir knew very well about MMA and she had some reservations about it. He said that ISI has complete record of MMA leaders and they cannot escape. He said that politics ended in 1958 when Ayub imposed martial law. He said that plundering of evacuee trust property (Auqaf) and politics of clerics destroyed the politics of the country.

Regarding deletion of column of 'religion' from Passport, he said that it was a good step and Ulema should have welcomed it but they made it part of their agitation to hoodwink the innocent Muslims.

Farooq said that some bad things were added in the constitution by Zia-ul-Haq, which must be excluded, which had bred many ills.

Sita White dies at yoga class Daily Times Monitor

NEW YORK: The sudden death of Sita White, 43, a British-born industrial heiress and former girlfriend of former Pakistan Cricket captain Imran Khan, has been shrouded in mystery, according to The New York Post. According to the paper, Sita had reportedly given birth to the love child of Imran and their daughter named Tyrian is now 12-years-old. Imran is expected to reach the US any moment, according to the report. Sita died during a Santa Monica yoga class in California. Her untimely death took place just weeks after the culmination of an eight-year legal battle which saw her awarded a 3 million dollar settlement from the estate of her late father, Lord White of Hull, adds the report. Sita’s stepmother, Victoria White, who was with her at the time said, “It was so sudden. It is just devastating. She was in a happy mood, she was in great shape.”

However, an autopsy will be performed to establish the sudden cause of Sita’s death. Family friends have disclosed that she was heavily stressed after apparently turning control of her newly acquired fortune to a pair of financial advisors, says the report. Meanwhile, Sita’s lawyers hoping that the money can be recaptured for Tyrian.

http://www.dailytimes.com.pk/default.asp?page=story_16-5-2004_pg7_5

End of an Innings

Pakistan's most beautiful celebrity couple divorce amidst rumours of extra-marital affairs and a culture clash. By Massoud Ansari

Pakistani cricket legend turned social crusader, Imran Khan, drove to the Karakoram mountains with close family friends the day after he announced his divorce from his beautiful British socialite bride, Jemima Goldsmith. These were the same mountains Khan and Goldsmith had honeymooned in nine years ago, following their fairytale-style marriage in Richmond, south-west
London, in 1995.

Jemima, the daughter of billionaire British financier, Sir James Goldsmith, was 21, and Imran 42, when they married. Their union caused quite a stir in both Britain and Pakistan. The fact that Jemima converted to Islam after the wedding and changed her name to Jamila Haiqa may have placated her husband's political opponents, but her open championship of the Palestinian cause in newspaper articles, given her Jewish heritage, raised fierce criticism amongst certain Zionist quarters. The country's biggest celebrity split was announced through Imran's political party, Tehrik-e-Insaaf's (Movement for Justice) spokesman. "I sadly announce that Jemima and I have divorced," read Imran's written statement. "This was a mutual decision, and is clearly very sad for both of us. My home and my future is in Pakistan. Whilst Jemima tried her best to settle here, my political life made it difficult for her to adapt to life in Pakistan."

Most of Imran's family members and close friends sum up the denouement of the couple's nine-year-long relationship as "the end of a fairytale." The divorce, however, has been amicable. "Imran and Jemima still love each other very much, and the divorce doesn't mean they have cut off all contact," says Yousuf Salahuddin, one of the close family friends who joined Khan on his mountaineering trip. "Imran is planning to travel to London to spend some time with his two sons, and will meet Jemima there. They are both mature and educated, and know how to separate in a civilised way."

According to Salahuddin, Jemima spoke to him for at least two hours from London, just one day before their divorce was announced. "Jemima is very sad about the split," he said.

According to Pakistani family law, a couple going through the process of divorce must serve a notice, along with the divorce deed, to their spouse through an Arbitration Council, or Family Court. The court then summons both parties within a 90-day period, for the purpose of attempting a reconciliation. If both parties refuse to reconcile, the divorce stands confirmed. As Jemima is not in Pakistan, however, Imran is legally permitted to serve her with divorce papers directly through an attorney or through the British High Commission in Pakistan. It is not clear yet which channel Khan has chosen to formalise his divorce. Khan's short press statement offered no details on who would retain custody of the couple's two children, 5-year-old Kasim and 7-year-old Suleiman.

Friends of the family state that the couple have mutually settled all contentious issues, including those affecting their children. According to Salahuddin, both Suleiman and Kasim would live with Jemima and visit Imran in Pakistan during the winters. "Both children are in a sensitive age bracket and need their mothers' care more than anything else," he said.

According to one of Imran's four sisters, their octogenarian father, Ikramullah Niazi, remained confined to his room all day when he heard the divorce had been finalised. "We are all very sad for our brother, but it was his own personal decision," she said. "Jemima is such a loveable person, and nobody can criticise her. We will always miss her."

Imran and Jemima's fairytale, cross-cultural and inter-faith marriage was the victim of many scandals, from those involving Imran's past relationships with other women, to accusations of Jemima smuggling valuable antiques out of the country. Jemima was also charged with being a Zionist agent by Pakistani politicians looking to discredit Imran, as well as being a student of the blasphemer author of The Satanic Verses, Salman Rushdie.

To prove her critics wrong, Jemima started work on an aid project for Afghan refugees in Jalozai, Peshawar - an initiative which landed her a job as UNICEF's UK Special Representative in September, 2001. Her work took her to Palestine and Afghanistan last year. Other philanthropic deeds included contributing the profits of her embroidered couture line to the Shaukat Khanum Cancer Hospital, set up by Imran in memory of his mother who had died of cancer.

The couple's high-profile marriage became the talk of the town once again when Jemima moved back to London in December last year, and enrolled for a master's degree at the School of Oriental and African Studies (SOAS). Rumours that the couple's relationship was on the rocks as a result of Imran's alleged admission to the paternity of Sita White's daughter, Tyrian Jade, were rife, compelling Jemima to place an advertisement in the newspapers in an attempt to refute claims that the couple was experiencing marital difficulties.

The latest controversy surrounding the marriage revolves around Jemima's new relationship with Hollywood star, Hugh Grant, a British actor famous for his reputation as a ladies man, after he was recently spotted leaving a high-society club in London with a mini-skirted Jemima in tow.

Most of Imran's family friends, however, deny that a third party was responsible for the break-up of the couple. "This is not the first time that either Imran or Jemima have been charged with having extra-marital affairs. The marriage was chock-a-block with similar scandals," says a close friend of the former couple. "Jemima went out with Grant accompanied by, at least, three other people," he clarified.

While British tabloids are notorious for engaging in character assassinations and mud-slinging in an attempt to boost sales, the Imran/Jemima split has seen even broadsheets stooping to sensational embellishments and racial stereotyping. Reports in The Guardian claim that the marriage caused Jemima to transform from a high-class socialite to a dowdy third-world housewife living in front of a kitchen sink. Although it is true the couple had chosen to settle in Imran's family home in Lahore after their marriage, they moved to an upscale locality near the lush-green Margalla hills, in Islamabad, in early 2000. Quelling claims that Jemima found it difficult to adapt to Pakistan's culture, Salahuddin maintains, "Jemima never found it difficult to cover-up after she converted to Islam and chose to live with Imran." Eager to fit in, Jemima took lessons in Urdu for three years and proved a talented pupil, even speaking in the local lingo while campaigning for her husband's election in October 2002. "I said a few lines in Pashto at one of the jalsas we went to in the Frontier, but I'm not fluent at all," a humble Jemima said in one of her interviews published last year in a local magazine.

According to Salahuddin, Jemima found it difficult to stay in Pakistan because of sensitivity to the weather. "Every time Jemima came to Pakistan, she would fall ill. She particularly suffered from amoebic dysentery. When she visited in April, she was hospitalised for three days."

"When our own girls of Pakistani origin, raised in the west, cannot live in Pakistan, how can a white girl be expected to live here permanently?" asks Imran's sister. "Jemima began to spend more and more time in London with her family, and has been living there permanently for the past year-and-a-half. She is very close to her family, just like our brother."

Imran, meanwhile, contended his life, and future, were in Pakistan

Rumours of divorce circulated once again when Imran was conspicuously absent at his wife's 30th birthday party, attended by many British celebrities, including Grant. "Imran runs a huge cancer hospital in Lahore, heads a political party, and has recently become a parliamentarian. These duties take away most of his time," said Salahuddin.

According to his friends, Imran had discussed his marital difficulties with them a few month ago, saying he could not sail two boats. "I cannot settle in London and Jemima cannot live in Pakistan. There is no option left."

Now divorced, the once again single-and-unwilling-to-mingle Imran is free to focus entirely on his political agenda. Plans are also underway to set-up another hospital in Karachi, and a university in Mianwali, Imran's hometown, from where he was elected member of parliament for the first time in the October 2002 elections.

And according to the nation's erstwhile heart-throb, "the sacrifice is worth it."

http://www.newsline.com.pk/newsJul2004/society1.htm

Mike Collett-White June 22, 2004 17:39 IST Last Updated: June 22, 2004 23:26 IST


Pakistan's celebrity marriage is over.

Imran Khan, cricketing legend and international playboy-turned-political crusader said on Tuesday he had divorced British socialite Jemima, ending months of speculation among the chattering classes of London and Lahore. "I sadly announce that Jemima and I are divorced," Imran said in a brief statement issued by his Justice Movement party.

"This was a mutual decision and is clearly very sad for both of us. My home and my future is in Pakistan. "Whilst Jemima tried her best to settle here, my political life made it difficult for her to adapt to life in Pakistan."

Rumours of an impending split have intensified this year as Jemima, 30, spent more and more time in London where she is studying for a master's degree at the School of Oriental and African Studies (SOAS). The stunning daughter of the late Anglo-French billionaire Sir James Goldsmith immersed herself in Pakistani culture after marrying the dashing Imran, 21 years her senior, in 1995, winning her grudging respect in the Muslim country of 150 million people. Yet the marriage remained controversial, largely because Jemima was not Pakistani and converted to Islam from a non-Muslim background. "Never in my wildest dreams did I envisage a controversy such as this," Imran once wrote. "I suppose if my marriage proves one point, it is that I am not a politician."

JEMIMA'S SUPPORT

Jemima took Britain's Princess Diana, to whom she has been compared, on a tour of Imran's Shaukat Khanum Memorial Cancer Hospital in the eastern Pakistani city of Lahore in 1996.

The following year, speaking in halting Urdu to a group of 300 women, she campaigned on her husband's behalf in elections.

Imran to take custody of 'love child'

Despite enjoying cult status for captaining Pakistan's cricket team to a World Cup victory in 1992 and a single-minded dedication to his new career, Imran has failed to make his mark in politics.

His party won just one seat in the National Assembly at elections in October, 2002.

Questions have lingered over how well Jemima would bridge the gulf in lifestyles between London's glitzy party circuit and conservative and impoverished Pakistan.

Friends said they believed it was the cultural divide and Jemima's long separations from friends and family that proved the undoing of the glamorous match. The couple endured a U.S. paternity suit brought by heiress Sita White who alleged Imran was the father of her daughter, while Jemima was accused of illegally trying to export antiques from Pakistan to Britain. The couple denied any wrongdoing.

Neither Imran nor Jemima were immediately available for comment.

Imran and Jemima have two sons, Suleiman and Qasim.

http://www.rediff.com/cricket/2004/jun/22imran.htm

From ladies man to the Taliban:

MIM: Imran Khan's instigation of last years Koran flush rumor riots must have earned him his street creds by the Taliban supporting MMA. Khan's new partnership of his party Tehrik-e- Insaf together with the pro Taliban MMA prove that his transformation from Westernised millionaire playboy crickeer to radical Islamist 'fundi' is now complete. His divorce from UK born billionaire' s daughter wife may have to do with the fact that Khan's new cronies believe that women belong in burqas locked up at home, and his ex's Jewish father was considered a political liability.

http://paktribune.com/news/index.php?id=84473

Dear Ms Ayesha,

How about this?

http://www.imrankhanexposed.com/IMRANKHANEXPOSED/index.html

Jemima to raise Imran's love child

JEMIMA Khan revealed her determination to break out of her marriage to an unlikely ally - the mother of Imran Khan's 12-year-old love child.

Jemima knew two months ago that her marriage to the cricket legend was in trouble.

Heiress Sita White, who lived in Los Angeles, had already approached Jemima about taking care of her daughter Tyrian, the product of an affair with Imran, in the event of her death.

Sita, who discovered she had cancerous tumours, feared Tyrian would end up with Imran's relatives in Pakistan and be treated as a second-class citizen.

Over a period of months, the two women decided they would try to ensure that none of Imran's children would be brought up in Lahore.

The secret broke only last week with the news of Jemima's divorce after nine years of marriage.

Jemima's children, Sulaiman, 7, and Kasim, 4, have lived almost exclu sively with their mother in London since last year.

But when Sita died in LA from a blood clot last month, stories began to emerge that Sita had asked Jemima to raise Tyrian. It is a pact that reveals Jemima, 30, knew her marriage was finished some months ago.

Sita's desire to outwit Imran, 51, was understandable. She had fought for more than a decade for him to recognise the child that was the result of their affair in 1991.

She wanted recognition for her daughter but, if she died, she did not want Tyrian to be brought up by Imran or his relatives.

Last night Elizabeth Nixon, trustee of Sita's estate, said: "Sita had cancerous tumours and that was the reason why she began thinking about making her will, and who would look after Tyrian.

"The last thing Sita wanted was for Tyrian to end up in Lahore, on the other side of the world, in an alien and unfriendly environment. Sita wanted what was best for Tyrian and she knew that would be Jemima."

Sita changed her will to grant Jemima sole guardianship of Tyrian.

When Jemima made the decision that she wanted out of her marriage, Sita was one of the first people she told.

Sita was very understanding and sympathetic; after all she, more than anyone, knew how cold Imran could be.

According to a family friend, it was planned out carefully. Imran doesn't need to look after the kids financially.

Tyrian, living with an aunt in California, will stay with Jemima for several weeks later this year.

Jemima, who inherited about $52 million from father Sir James Goldsmith, has made it clear that Tyrian's well-being is of the utmost importance.

Herald Sun

Sita White to give daughter Imran Khan's surname Vijay Dutt London

http://www.hindustantimes.com/2003/J...2C00430005.htm

Sita White, who has been claiming that she has a daughter from Imran Khan, former Pakistan cricket captain turned politician, is now reportedly trying to legally change the surname of the 11-year-old daughter Tyrian to his.

Khan, a member of the Pakistan National Assembly, has always denied that he is the father of an illegitimate child. But Sita White, daughter of the late millionaire industrialist Lord White of Hull, has been quoted in a daily saying: "Tyrian needs a name change.

"It is a requirement by the American courts to have at least tried for Imran's consent." Calling from her home in California, she told him, says Nigel Dempster of the Daily Mail: "We would like him to participate".

Apparently, another round of the long-running dispute between the two is on the anvil. Imran Khan has persistently denied paternity. But Sita White challenged him to take a blood test. In 1997, a US Judge ruled by default that Tyrian was Imran Khan's child after he failed to turn up for hearing.

Sita White, now 41-year-old, says she only wants happiness for her daughter, who is studying in a state school in Los Angeles. Sita White claims to have met Imran at Tramp, the London niterie in 1986 and they dated off and on for several years. She claims that Tyrian was conceived on a last "night of love".

Imran Khan vs Charles Darwin By Irfan Husain

January 17, 2009 Saturday Muharram 19, 1430

http://www.dawn.com/weekly/mazdak/mazdak.htm

THIS year will see a large number of celebrations at campuses and scientific institutions around the world to mark the 200th year of the birth of Charles Darwin, and the 150th year of the publication of his seminal work.

Widely regarded as one of the three most influential thinkers of the 19th century, together with Freud and Marx, Darwin has had a stronger impact on our thinking than the other two giants of the era. Since its publication in 1859, his explanation of how life evolved on the planet has been subjected to rigorous criticism and analysis. Generations of scientists have tested it in the field and in the laboratory. And to date, it remains the only scientific explanation of how life on Earth has developed over the millennia.

Many religious people have viewed the Darwinian theory of evolution as an attack on their faith. Others have reconciled belief in a supernatural being controlling events in the universe with a scientific theory that pulls together a vast plethora of evidence. Whatever one’s position on the truth of Darwin’s revolutionary exposition, it would take a foolhardy person to dismiss it as a ‘half-baked theory’ as Imran Khan has done recently.

Titled Why the West craves materialism and why the East sticks to religion, the essay is dated Nov 8, 2008, and was sent to me via email by a reader. In this article, the politician and ex-cricketer describes his personal journey from the westernised, secular outlook of his youth to his present faith-based worldview.

In a sense, Imran Khan’s view of Darwin’s life work captures the essence of our backwardness. By rejecting a vast body of scientific research and analysis as ‘half-baked’, he exposes his own ignorance. He is, of course, entitled to his own opinion on any subject under the sun. But as he is a role model for many young Pakistanis, he has a duty to choose his words with greater care. He may refuse to accept the consensus behind Darwinian theory in the international scientific community, but to dismiss it out of hand risks influencing impressionable young minds into following him.

As it is, there is not a single world-class university or research institute in the Muslim world. The reason for this is not hard to find. By refusing to accept and internalise the rational method of empirical research and analysis, we discourage and suppress scientific and objective scholarship.

In Imran Khan’s mind, as in many others, reason is a western monopoly. So anyone using rational analysis as a tool is dismissed as ‘western’, a pejorative term deployed to undermine any argument. Unfortunately, this widespread trend has had profound significance over the centuries. By ceding scientific research and progress to the West, Muslims find themselves in their current predicament. By contrast, countries like China, Japan and Korea have made tremendous progress by accepting reason as the basis of their education and public discourse. So when Imran Khan says ‘the East sticks to religion’ in the title of his essay, he is effectively ignoring well over half the East.

I have long admired Imran Khan for his cricketing prowess, as well as for the fine work he has done in creating Pakistan’s first cancer hospital. So as a fan, it has saddened me to see him in the constant company of right-wingers like ex-ISI chief Hamid Gul and Qazi Hussain Ahmed, the leader of the Jamaat-i-Islami. On TV talk shows, where he is a frequent guest, he has been voicing the most extreme views. Let me hasten to say that I would defend his right to his opinions, but as a hero to millions of young Pakistanis, I would ask that these views be based on logic and facts.

Imran Khan has complained in his article that Pakistan’s secular elites do not study Islam, and hence they are seduced by ‘western’ thinking. I’m afraid this is based on the arrogant assumption that simply because people dress in a certain way, they are ignorant of their own culture, history and religion. According to him, Pakistan is polarised between this group who “react strongly to anyone trying to impose Islam on society”, and religious extremists. Personally speaking, I don’t want any belief or dogma imposed on society. As a secularist, I think everybody should be free to believe in any faith. And in the distinguished company of Mohammad Ali Jinnah, I feel that religion should have nothing to do with the business of the state.

So why is it that today, only Muslim nations seem to deny the validity of the scientific method? It is true that many evangelical Christians reject Darwinian theory as well, and push creationism as the explanation for the development of life on earth. Recently, this extreme position has been replaced by something called Intelligent Design. But among educated people, it would be difficult to find many who close their eyes to the insights contained in Darwin’s groundbreaking research, even though many of these ideas were developed by Wallace, a contemporary of Darwin’s.

In his important book Muslims and Science published nearly 20 years ago, Pervez Hoodbhoy made the point that the entire output of scientific papers written in the Muslim world every year did not equal those produced in Israel alone. This remains true two decades later. And the reason for this imbalance lies in the position reflected in Imran Khan’s views about Darwin.

If we do not encourage the young to think and reason for themselves, how can we expect them to discover anything new? The essence of scientific enquiry lies in curiosity about how the world works, how matter was formed, and how life came into being. Perhaps curiosity about the universe is what sets mankind apart from the animal kingdom.

But if, as Darwin was in the Galapagos Isles, we are struck with wonder when we see something for which we have no explanation, then we have taken a step towards discovering more about our universe, and ultimately, about ourselves.

Aamir Mughal said...

Mr Irfan Siddqui [Columnist] used to be a PRO in President House and he served Ghulam Ishaq Khan and Sardar Farooq Laghari. By the way he used to a columnist for PRO ISI WEEKLY MAGAZINE TAKBEER, KARACHI when the Takbeer has General Hamid Gul in its Editorial Board

Aamir Mughal said...

Not in a very distant past:

In Quetta, Chief Justice of Balochistan High Court (BHC) Mr Justice Iftikhar Muhammad Chaudhry and four other High Court judges took a fresh oath under PCO.

Athar Minallah, spokesman for Justice Iftikhar Mohammad Chaudhry
Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002). http://www.asmlaw.com.pk/

Read the detail rather newspapers of the year 2000 [3 Months after the Martial Law of General Musharraf] and what an irony, the present spokesman for CJ Mr Justice Iftikhar Mohammad Chaudhry i.e. Athar Minallah was Provincial Minister in NWFP Government in the year 2000 under the very same General Musharraf.

In January 2000 Chief Executive General Musharraf dictated that all superior court judges swear a new oath under the Provisional Constitutional Order No.1 issued on October 15, 1999, which had suspended the Constitution. In January 2000, Justice Iftikhar Chaudhry then a serving judge on the Balochistan High Court (BHC) was one of the first judges to take an oath on the PCO. This allowed him to be elevated to the Supreme Court to fill one of the vacancies left by the 11 judges who had resigned in protest at taking this oath.

On May 13 2000, Justice Iftikhar Chaudhry was one of 12 Supreme Court judges who validated the military coup of General Pervez Musharraf. They ruled that the removal of the elected government of Nawaz Sharif was legal on the basis of the "doctrine of necessity".

In June 2001, Justice Iftikhar Chaudhry was one of two judges who visited the Presidency House to convince the then President Rafiq Tarrar to resign, and make way for General Pervez Musharraf to assume that office.

On April 13 2005, in the "Judgment on 17th Amendment and President's Uniform Case", Justice Iftikhar Chaudhry was one of 5 Supreme Court judges who dismissed all petitions challenging President Musharraf's consistitutional amendments. In a wide ranging judgement they declared that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of the constitution, the 17th amendment which gave this constitutional backing, and the two offices bill which allowed Musharraf to retain his military uniform whilst being President were all legal.


13 JUDGES REFUSE TO TAKE OATH UNDER THE PCO OF 1999

Thirteen judges of the superior judiciary, including Chief Justice of Pakistan Mr Justice Saeeduzzaman Siddiqui, ceased to hold office after they refused to take fresh oath under the Provisional Constitutional Order (PCO), on January 26, 2000.

Mr Justice Irshad Hassan Khan became the new chief justice of Pakistan as the judges of the Supreme Court, Federal Shariat Court and four High Courts were administered oath under the PCO.

Six judges of the apex court, including the chief justice, refused to take fresh oath. The other seven judges who were not invited for the oath were two from the Lahore High Court (LHC), two from Peshawar High Court (PHC) and three from Sindh High Court (SHC).

The seven Supreme Court judges who took oath under the PCO were Mr Justice Irshad Hassan Khan (Chief Justice), Mr Justice Bashir Jehangiri, Mr Justice Abdur Rehman Khan, Mr Justice Shaikh Riaz Ahmed, Mr Justice Munir A Shaikh, Mr Justice Shaikh Ejaz Nisar, and Mr Justice Ch Mohammad Arif.

The judges who refused were Chief Justice Mr Justice Saeeduzzaman Siddiqui (who was due to retire on Nov 11, 2000), Mr Justice Mamoon Kazi (retiring date Dec 29, 2000), Mr Justice Nasir Aslam Zahid (Feb 2, 2000), Mr Justice Khalilur Rehman (April 24, 2001), Mr Justice Wajihuddin Ahmed (November 2003), and Mr Justice Kamal Mansoor Alam (April 2002).

In Punjab, 41 out of total 43 judges of the Lahore High Court were administered the oath. Only two judges -- Mr Justice Ehsanul Haq Ch and Mr Justice Najamul Hassan Kazmi -- did not take oath.

In Sindh, three High Court judges -- Mr Justice Dr Ghous Muhammad, Mr Justice Rasheed Ahmed Razvi and Mr Justice Mushtaq Ahmed Memon -- were not invited to take fresh oath under POC in Karachi.

In Quetta, Chief Justice of Balochistan High Court (BHC) Mr Justice Iftikhar Muhammad Chaudhry and four other High Court judges took a fresh oath under PCO.

The fresh crisis with the judiciary refreshed the memories of General Zia's sacking of 19 Supreme Court and High Court Judges who refused to take oath under his PCO of 1981. Feeling that he had been badly used, the Chief Justice of the Supreme Court, Anwarul Haq, who had headed the bench which approved Zulfikar Ali Bhutto's hanging, refused to take the oath. The former Chief Justice of the Lahore Court, Molvi Mushtaq Ahmad who had sentenced Bhutto to death in the first place, although willing to take the oath was not asked to do so. While sacking the judges, General Zia explained: "We want the ju­diciary to mind their own business and not to meddle in anything else. Power is an intoxicant. Please do not get me wrong. I personally have not been intoxicated with this. I want to share power, but I re­fuse to share power with those who do not entitle themselves.[1]

Apparently, the new oath was required for the same reasons as prevailed in March 1981 when General Zia ordered the new oath. A number of constitutional challenges to General Zia's rule were pending before the Supreme Court and the Chief Justice Anwarul Haw was understood to have set them down for hearing shortly. The PCO killed all such petitions. A number of constitutional petitions against the military takeover were fixed before the Supreme Court for January 31, 2000. Like the 1981 PCO, General Musharraf's PCO-1 removed the power of the judiciary to decide whether a legislation was valid. Any judge who took the oath bound himself in advance not to question anything contained in the order.

OATH UNDER PCO DENOUNCED

There was a wide condemnation by the lawyers, political parties and human rights bodies of the oath-taking of judges under the Provisional Constitution Order. The Pakistan Human Rights Commission, in a statement, said that the military government has gone further down the anti-democratic road by forcing the judges, like General Ziaul Haq, to take their oath afresh under the PCO. The act has put an end to the pretence that the country is still being constitutionally governed and that the judiciary continues to act in accordance with its oath to the Constitution, it added. "The later (judiciary) has now, by its swearing of a new allegiance, become a creature not of the Constitution but of the chief of the army staff acting as the country's self-appointed chief executive….By not acting in unison and in accordance with their oath and conscience, the judges have done further harm to the institution and the national good. There is some comfort only in
that they are more numerous than the last time round and this time they include the chief justice himself." [2]

Former chief justice Saeeduzzaman Siddiqui, [3] in a press interview, said that he chose not to take fresh oath under the Provisional Constitution Order because it was a "clear-cut deviation" from the Constitution. When asked why this time more judges resigned than in 1981 when judges were asked by the then Chief Martial Law Administrator, General Ziaul Haq to take oath under a Martial Law Order, Justice Siddiqui replied, "Because most of the judges then were appointed by the then military government. Even I was an appointee of a military dictator. But later I took oath under the 1973 Constitution as Chief Justice of the Sindh High Court, then as a judge of the Supreme Court and later as the CJP." [4]

However, the fresh oath by judges under the Provisional Constitutional Order, did not come as a surprise for lawyers specially in the wake of pending constitutional petitions against the military takeover. The action of October 12, when the military took over in a bloodless coup, was an extra-constitutional step; therefore, the oath of judges under the PCO was expected. Mohammad Ali Saeed, advocate and former Sindh High Court judge said that he was expecting that such order has to come before January 31. A set of constitutional petitions against the military takeover is fixed before the Supreme Court on that day. LHCBA President Javed Gillani however termed the new oath as "a natural act," and said "it had to happen." He also added that this was nothing new, and was in fact expected under a military regime, as had happened in the past. [5]

Former Supreme Court chief justice Sajjad Ali Shah justified the need of the oath under PCO, saying that with the Constitution suspended, it was a legal requirement. "To validate the system, a PCO had been proclaimed. "When Gen Zia's martial law was forced, the Constitution was not abrogated but suspended at that time too." This time too, he said, the Constitution had been suspended and not abrogated. "And PCO has replaced the Constitution. The PCO is a substitute of the Constitution. In 1981 too, fresh oath was taken and many judges had lost their jobs. And Chief Justice Anwarul Haq of the Supreme Court, who had written the judgment in the Nusrat Bhutto case, had also taken the oath under PCO." [6]

References:

1 - The Economist, London 2-4-1981

2 - Dawn 27-1-2000

3 - The day, the Chief Justice Siddiqi refused to take oath under the PCO, the News and Jang newspapers reported that an investigation is being initiated against former Chief Justice Saeeduzzaman Siddiqui and his wife on charges of corruption under normal laws. These report said that some agencies were probing that Justice (Retd) Saeeduzzaman Siddiqui "tried to sabotage the government's efforts to eradicate corruption and restore real democracy in the country".

Quoting government sources, the papers said that on the change of government on October 12, the armed forces and the judiciary had affirmed to work selflessly for the country's reconstruction. It was thus agreed to maintain a system of accountability to check those who had penetrated in the judiciary through political corruption and other "misdeeds". As Chief Justice, Saeeduzzaman Siddiqui had assured that he would take effective action against corrupt elements in the judiciary. But soon it was noticed that there was no change in the system of dispensing justice. There were visible indications to show that speedy justice and accountability promises were unreal and ineffective.

A former chief minister of NWFP was fined for Rs 10 lakh only despite substantial evidence regarding embezzlement of crores of rupees against him. Later, he (ex-CM) disappeared. "It was a blatant collusion." In some other cases, delaying tactics were allowed to be adopted. The report further claimed that soon the government officials came to know that people who purchased power in the past would now open their lockers and coffers to buy "justice". A highly placed person of the judiciary received Rs 125 million in cash while his other colleague received Rs 50 million. "The government has solid proof of these cash deals. When these persons were interrogated about the deals, they failed to give any explanation."

The report said that wife of the ex-chief justice had gold card of a nationalised bank. She went to London and Dubai for shopping and spent £ 30,000. She was also presented a diamond necklace worth Rs 13,00,000. [The News 27-1-2000]

4 - The News 27-1-2000

5 - The News 27-1-2000

6 - Dawn 28-11-2000

Aamir Mughal said...

SO-CALLED SUPPORTERS OF FREE JUDICIARY:

If Mr Roedad Khan is supporting the Movement of Independent Judiciary then May Allah have mercy on Restore the Judiciary Movement.

We never learn from history-3 By Ardeshir Cowasjee

11 August 2002 Sunday 01 Jamadi-us-Saani 1423

http://www.dawn.com/weekly/cowas/20020811.htm

The contents of my two previous columns in this series are not revelations; they are a narrative of facts on record in our Supreme Court and as reported in our press, dating back to 1994, and for these past eight years there has been no public refutation of any accusation levelled against the politicians who accepted the people's money or were involved in one way or another in the shenanigans of the ISI.

Now, my friend Roedad Khan, perpetual bureaucrat steeped in the art of bureaucracy, yet again ready to serve his country, has reacted in a letter printed in this newspaper on July 26. Apparently, his innocence has been injured. He denies having had any connection with those in President Ghulam Ishaq's secretariat who were paid to 'fix' the 1991 elections. He has, however, said that though he does not wish "to comment on the substance of the matter," he "will do so at the appropriate time," which, hopefully, will be soon. His secretariat colleague, General Rafaqat, is listed as having accepted ISI funds to do the job. So it should seem unlikely that the other secretariat members such as Roedad Khan, Ijlal Zaidi and Chaudhry Shaukat would not be in the know. (Oddly enough, when last month President General Pervez Musharraf met a band of 'intellectuals' with whom to discuss the coming elections, the strategy to be adopted, and the constitutional amendments,
these four retired members of Ghulam Ishaq's special assignment cell were amongst those summoned.)


We never learn from history-8 By Ardeshir Cowasjee

August 19, 2007 Sunday Sha’aban 5, 1428

http://www.dawn.com/weekly/cowas/20070819.htm

Filed in court is a ‘reply on behalf of respondent No.1,’ Mirza Mohammad Aslam Beg. It is far too long to be reproduced in toto though it makes most interesting reading, so we must confine ourselves to highly pertinent excerpts illustrative of the military and the ruling civilian mindset :

“It is submitted with great respect that more serious damage has been caused to the reputation and the goodwill of the Armed Forces by Air Marshal (retd) Asghar Khan in bringing this petition before this Honourable Court and raising an issue before the apex Court which of course would receive great publicity and would cause greater damage by scandalisation in the media. It also reflects on the poor control of the armed forces Supreme Command for not punishing delinquent people causing damage to its reputation. Raising of such an issue clearly suggests that the Armed Forces are not capable of looking after their own reputation . . . . It is submitted with great respect that the raising of this issue and investigation thereof by this august court as also further proceedings in this matter shall be detrimental to the interest of the armed forces rather than helping it.…..

“That . . . . dragging the ex-service chief to the courts on a letter may be detrimental to the prestige, honour and dignity of the institution he has once represented. . . . .

“That Air Marshal (retd) Asghar Khan has approached this august court with ulterior motives and his representation is based on obvious malafides . . .

“That the answering respondent never received the alleged amount from Mr Younis Habib, respondent No.3, in person or through other means and emphatically denies the allegation made by Maj General (retd) Nasirullah Babar, the then interior minister, on the floor of the National Assembly on 20 April 1994. . . . . .

“That in early September [1990], Mr Younis Habib then serving in the Habib Bank Ltd as Zonal Chief had called on the answering respondent [Beg] and informed him that he was under instructions from the President’s [Ghulam Ishaq] Election Cell to make available a sum of Rs.140 million for supporting the elections of 1990. He stated that he will be available to collect this amount through his own efforts from his community as donations and that he was under the instructions of the Election Cell to place this amount at the disposal of the Director-General, Inter Services Intelligence who would handle this amount as per instructions of the President’s Election Cell.

“That in 1990 the National Assembly was dissolved and the government of Mrs Benazir Bhutto was dismissed. A caretaker government was formed to hold elections within 90 days. The then President, Mr Ghulam Ishaq Khan, had formed an Election Cell directly under him managed by Mr Roedad Khan/Mr Ijlal Haider Zaidi.

“That later on the answering respondent was informed by the Director-General, Inter Services Intelligence, that various accounts were opened and the amount of Rs.140 million was deposited in those accounts directly by Mr Younis Habib. Director-General, Inter Services Intelligence made arrangements to distribute these amounts amongst the politicians belonging to various political parties and persons as instructed by the Election Cell. . . . .

“That in 1975 Mr Zulfikar Ali Bhutto, the then prime minister, created a Political Cell within the ISI organisation. As a result, the ISI was made responsible to the chief executive, i.e. the prime minister/president for all matters of national and political intelligence . . . .

“It is in the knowledge of the answering respondent that it was the practice with the ISI to support the candidates during the elections under the directions of the Chief Executive of the government. The receipt of this amount by ISI from Younis Habib in 1990 was also under the directions of the Chief Executive. DG ISI also informed the answering respondent that funds so received were properly handled and the accounts were maintained, and that President Ghulam Ishaq Khan was briefed by him on this matter. . . .

“That during this period, in his meeting with President Ghulam Ishaq Khan, the answering respondent had informed him about the donations made by Younis Habib and its utilisation by DG ISI under the instructions of the President’s Political Cell.. .

“That the petitioner has made the following allegations : (a) actions of General Mirza Aslam Beg and Lt Gen Muhammad Asad Durrani amounted to gross misconduct; (b) both have brought the armed forces of Pakistan into disrepute; (c) both have been guilty of undermining the discipline of the armed forces.

“That the above allegations are false, based on malafides and unfounded . . . .

“That DG ISI acted within the limits of the ‘lawful command’ received from the President’s Election Cell. Definition of ‘lawful command’ as interpreted by Pakistan Army Act Section 33 Note b(3) is : ‘A superior can give a command for the purpose of maintaining good order or suppressing a disturbance or for the execution of a military duty or regulation’, and Pakistan Army Act Section 33 Note b(11) : ‘A civilian cannot give a ‘lawful command’ under this sub-section to a soldier employed under him; but it may well be the soldier’s duty as such to do the act indicated.’.. . . .

“That actions of answering respondent and General Asad Durrani did not amount to gross misconduct. Orders were carried out under a lawful command.”

Questions which arise from a perusal of the above : Did Bhutto’s executive order of 1975 creating a political cell in the ISI have any legal cover, and is it still operative? Did President Ghulam Ishaq Khan act lawfully and correctly? Will Roedad Khan and Ijlal Zaidi, the managers of his Election Cell as named by Beg, in the larger national interest kindly elucidate, testify and enlighten us?

A letter from an MQM minion, Kunwar Khalid Yunus, was printed in this newspaper on August 15 in which he admitted “that Gen Beg’s one sidekick also reached Mr Altaf Hussain’s residence of Azizabad with one suitcase full of currency notes. Mr Hussain refused to accept it. After a few months, when Mr Hussain met Mr Beg [at] a function in Lahore, the former cynically asked if his expensive suitcase reached him safely. The latter sheepishly nodded.” Will Mr Yunus file an affidavit in court?

Lastly, may I again appeal to Chief Justice Iftikhar Muhammad Chaudhry to take up this pending matter and let us have a decision before the next round of ‘fair and free’ elections. If press reports of August 17 are to be believed, President General Pervez Musharraf has clearly stated that he would be re-elected “at any cost” – at the cost of whose life and whose money?

Aamir Mughal said...

Do Qazi Hussain Ahmed, Imran Khan and other supportes of Iftikhar Chaudhry respect judiciary?
==============

No they don't, why? Read...

Famous lies

Jamat-e-Islami [when JI was part of MMA and sharing power with General Musharraf's Q League and PPP Sherpao] presented a Bill called Hasba Bill to enforce Islam in Pakistan and that bill was presented during General Musharraf's Government and that Bill was rejected by CJ Iftikhar Mohammad Chaudhry [when he was serving General Musharraf in 2005] and that too on the appeal of General [The Martial Law Administrator] Pervez Musharraf. General Musharraf was party to the case. Two opinion/stands can hardly be correct at the same time, either MMA's Islamic Hasba Bill was Un-Islamic or CJ Iftikhar Mohammad Chaudhry was against Islamic Shariah. If JI was honest then why the same JI is now participating in the Lawyers Long March and by doing so they are accepting that Pakistan must be run on Secular Basis through Anglo Saxon Law and Anglo Saxon Courts. CJ Iftikhar Mohammad Chaudhry and Co. by accepting such Islamo fascists like JI amidst the Secular Legal Mind,
is basically compromising with his own decision which he had given against the Deviant Religious Right Wing of Pakistan. By the way why the so-called Epitome of Justice Iftikhar Mohammad Chaudhry is even accepting cooperation from one of the party [Jamat-e-Islami] who gave Pakistan the Gift of Unconstitutional LFO and 17 Constitutional Amendment which had given blanket to the Unfirom and every wrong wrong and unconstitutional step of a Military Dictator General Musharraf.

If Hasba Bill was right then why did the JI accepted the SC Decision and if it was wrong then why Hasba Bill was presented at all and if both the statement are wrong then what was the need to exploit the name of Islam to get some vote. Read the past history



Three years later:

JI to participate in lawyers’ long march, sit-in

http://thenews.jang.com.pk/updates.asp?id=69220

Updated at: 1030 PST, Saturday, February 21, 2009

LAHORE: Jamaat-e-Islami (JI) Amir, Qazi Hussain Ahmad has declared that his party would fully participate in the lawyer’ long march and sit-in.
A delegation headed by Supreme Court Bar Association (SCBA)’s president, Ali Ahmad Kurd and comprised of Chaudhry Aitzaz Ahsan, Hamid Khan and Justice (Retd.) Tariq Mahmud called on JI Chief at Mansoora here.

Qazi Hussain Ahmad talking to the lawyers said that JI would play the front role in lawyers’ long march. SCBA president, Ali Ahmad Kurd urged on JI for extending all out support to the lawyers’ community for making their sit-in successful. He said that the lawyers would stage sit-in until the reinstatement of deposed chief justice. It may be recalled that the ML-N chief, Nawaz Sharif yesterday had also announced his party’s full participation in long march and sit-in.


Hasba bill infringes personal freedom: SC By Nasir Iqbal

September 1, 2005 Thursday Rajab 26, 1426

http://www.dawn.com/2005/09/01/top4.htm

ISLAMABAD, Aug 31: The Supreme Court on Wednesday ruled that the state cannot enforce any religious obligation stipulated by Islam, except Sallat (prayers) and Zakat. Authored by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, a 106-page detailed judgment, said that Islamic jurists were unanimous on a point that though zakat was seriously enforced by Hazrat Abu Bakar but for sallat, the only way was through “Taleem” (education), “Tableegh” (preaching) and “Targheeb” (persuasion).

The court agreed that private life, personal thoughts and individual beliefs of citizens could not be allowed to be interfered with and held that under the Hasba Bill, the NWFP Assembly had conferred judicial powers on “Mohtasib” (ombudsman) not only to inquire into cases of maladministration of government agencies but also religious and personal affairs of individuals and blocking powers of judicial review by civil and criminal courts.

On August 4, a nine-member Supreme Court bench had declared several clauses of the Hasba bill relating to powers of the mohtasib as contrary to the constitution and had advised the NWFP governor not to give his assent to the controversial law.

The unanimous short-order was announced after four-day hearing on a reference filed by President General Musharraf against the bill under the advisory jurisdiction of the court.

Instead of showing haste, the NWFP government should have studied in depth all the reports of the Council of Islamic Ideology (CII) before moving the Hasba bill in the assembly, under which discretionary powers have been conferred on mohtasib to create a new offence in consultation with the provincial advisory council, the CJ observed in the detailed judgment.

About mohtasib’s powers to remove causes of dereliction in performance and proper arrangements of Eidain and Friday prayers, the CJ observed that offering of prayer was a personal obligation on an individual being the Haqooq Allah.

Religiously, mohtasib is not authorized to check negligence or disregard of a person who abandons sallat. Allowing such interference by mohtasib would deny an individual’s right of freedom to profess religion, the CJ said.

It is therefore not correct to suggest that the Hasba bill is in accordance with Islam and if the legislation is accepted and made into law, then a citizen who is held responsible for dereliction will be liable to six-month punishment on the hukumnama (order) of the mohtasib when Sharia does not mandate imposition of penalties on vague offences.

The only objective behind making available Hasba police to mohtasib is to strengthen the arms of mohtasib, to implement his hukumnama by force, if need be, the CJ said.

Under the law, mohtasib would also have direct interference/access in the family functions in the garb of discouraging extravagance at the time of marriages and other family functions, thus interfering in personal life, freedom of assembly, liberty, dignity and privacy, which is strictly prohibited in Islam.

Tracing the history, the CJ recalled that the institution of the office of Hasba did not exist at the time of the Holy Prophet (PBUH) and the Khulfa-e-Rashideen. Initially the office of “Amil-al-suk” was created by “Ummayyads” to regulate markets, but later it was expanded into the office of the mohtasib by the “Abbasids.”

History reveals that the term mohtasib was used during the Khilafat of Qazi Mamoon-ur-Rashid when mohtasib used to look after the market business in addition to his religious duties like to reform social life. During the period, the duties of the mohtasib was to inspect instruments of the scales of weights and measures, which were so complicated that the people could be easily deceived. In addition, their duties include keeping vigilant eye over shortcomings and dishonesty that could be committed during preparation and sale of commodities.

The judgment also explained that by declaring some sections of the bill as unconstitutional does not mean that leftover sections have been declared in accordance with the constitution. Their constitutionality remains open to be questioned, which can be upheld or struck down as or when challenged before a competent forum.

Meanwhile Justice Sardar Mohammad Raza Khan in his separate note expressed reservations on the definition of Aalim (scholar) in the Hasba bill and held that the definition was discriminatory and restricted to only one school of thought.

MMA to accept SC decision: Durrani By Anwar Iqbal

July 18, 2005 Monday Jumadi-us-Sani 10, 1426

http://www.dawn.com/2005/07/18/top2.htm

WASHINGTON, July 17: NWFP Chief Minister Akram Khan Durrani has said that he will accept any decision the Supreme Court of Pakistan may take about the controversial Hasba bill, denying reports that he vowed to “wreak havoc” if his democratically elected government was toppled.

“We live in a country and we accept the courts of that country,” said Mr Durrani while talking to Dawn in Washington.

“Do you think we will declare war on the government? No, we are all law-abiding citizens.”

The NWFP chief minister, who is visiting Washington at the invitation of a Christian inter-faith group called Group for Global Engagement, said the MMA had always respected “the laws and courts of Pakistan and we will continue to do so.”

“Even if the court rejects the Hasba bill?” he was asked. “Whatever decision the Supreme Court takes, we will accept it,” he replied.

Mr Durrani also rejected claims that if made into a law, the Hasba Act would lead to the creation of parallel police and judicial systems in Pakistan.

“There is no such proposal in the Hasba bill. People given the task of implementing this bill will have no judicial power,” he said.

Mr Durrani said the NWFP government does not plan to recruit a new force to implement this proposed law. “We will take people from the present police force. There will be no new recruitment.”

“But you also say that our police are corrupt, if you give such sweeping powers to the same police will they not make life miserable for the ordinary people,” he was asked. “No, because there are no sweeping powers in the Hasba bill,” he responded.

Mr Durrani said people chosen to implement the Hasba bill will only have the power to recommend whatever action they deem necessary against an official or a politician they think is corrupt.

“And who will take that action?” he was asked. “The courts,” he said. “The recommendation will be sent to the courts which may accept or reject it.”

“Does it mean that you will create special Hasba courts?” “No, there will be no special courts. All recommendations will go to the existing courts and they will make the final decision.”

He said the MMA government was only trying to strengthen the jirga system that already exists in Pashtoon society, “we are not doing anything new.”

“But the jirgas have judicial powers,” he was reminded. “Only in the tribal areas, not in the settled areas,” he said.

Text of Hasba bill

July 16, 2005 Saturday Jumadi-us-Sani 8, 1426

http://www.dawn.com/2005/07/16/nat18.htm

PESHAWAR, July 15: The following is the full text of the Hisba bill passed on July 14 by the NWFP Assembly: Preamble: Whereas sovereignty over the entire universe belongs to Almighty Allah alone and the authority to be exercised by the people of Pakistan through their chosen representatives within the limits prescribed by him is a sacred trust;

And whereas implementation of Islamic way of life revolves around Amer-Bil-Maroof and Nahi-Anil-Munkir and to achieve this objective it is necessary, apart from other steps, to establish an institution of accountability, which could keep a watch on securing legitimate rights of various classes of the society, including females, minorities and children and to protect them from emerging evils and injustices in the society;

And whereas it is further necessary from the accountability point of view to extend the authority of Mohtasib to government’s administration and offices in order to have a check upon injustices, abuse of powers and other similar excesses;

It is hereby enacted as follows:

1: Short title, extent and commencement—(1) This Act may be called the North-West Frontier Province Hisba Act, 2005.

(2) It shall extend to whole of the North-West Frontier Province.

(3) It shall come to into force at once.

2: Definitions.—In this Act, unless the context otherwise requires,—

(a) “Agency” means a department, commission or any office of Provincial Government, a corporation or similar other institution which the Provincial Government may have established or which may be working under its control, but does not include the high courts and the courts working under its administrative control.

(b) “Amer-Bil-Maroof” means fulfilling the obligations of enjoining the good as laid down in Holy Quran and the Sunnah;

(c) Competent Court: Competent court means court established under CPC 198.

(d) “Expert Lawyer” means a lawyer having at least ten years experience in the profession of advocacy;

(e) “Government” means the Government of the North-West Frontier Province;

(f) Governor means governor of NWFP.

(g) High Court means the Peshawar High Court, Peshawar,

(h) “Hisba Police” means the police force deputed to work for the purposes of this Act from time to time;

(i) “maladministration” includes all such decisions, processes, recommendations, acts and deficiencies which-

(j) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bonafide and for valid reasons; or

(k) is perverse, arbitrary, unreasonable, unjust, biased, oppressive or discriminatory; or

(l) is based on irrelevant grounds; or

(m) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as bribery, jobbery, favouritism, nepotism and administrative excesses; or

(o) amounts to negligence, inattention, delay, incompetence, inefficiency and inaptitude in the administration or discharge of duties and responsibilities;

(p) “Mohtasib” means the mohtasib of the province or, as the case may be, the mohtasib of a district, appointed under this Act;

(q) “Nahi-Anil-Mukir” means fulfilling the obligations of forbidding the evil as required by the Holy Quran and Sunnah and all other matters which the mohtasib, in the light of the Holy Quran and Sunnah, determines in consultation with the Council of Advisors;

(r) “Office” means the office of mohtasib of the North-West Frontier Province;

(s) “Prescribed” means prescribed by rules made under this act;

(t) “Province” or “Province of Sarhad” means the North-West Frontier Province;

(u) “Provincial Advisory Council” means the Council established under this Act;

(v) “Public servant” shall mean the person defined in section 21 of the Pakistan Penal Code, 1860;

(s) “Religious scholar” means the holder of the certificate of Shahadat-ul-Aalmliah from any institute recognized by government, who has also passed the Secondary School Certificate Examination from a Board of Intermediate and Secondary Education recognised by government;

(t) “Staff” means an employee or office commissioner, elected/nominated co-worker, advisor, expert, subordinate, officer, liaison officer, etc, of an Agency.

3. Appointment of Mohtasib.—(1) There shall be a Mohtasib for the North-West Frontier Province, who shall be appointed by the Governor of the North-West Frontier Province in consultation with the chief minister of the province. (2) A mohtasib shall be a person who is a qualified religious scholar and is eligible to be appointed as judge of the Federal Shariat Court. (3) Before entering upon office, the mohtasib shall take an oath before the chief minister in the form set out in the Schedule. (4) The mohtasib shall, in all matters, perform his functions and exercise his powers independently, honestly and diligently and all executive authorities throughout the province shall act in aid of the mohtasib.

4. Tenure.—(1) The tenure of the office of the mohtasib shall be four years but the competent authority may extend the term of his tenure.

(2) The Mohtasib may, at any time, resign from his office by tendering resignation in writing.

5. Mohtasib not to hold office of profit, etc —- (1) The Mohtasib during his appointment shall not hold any office of profit or enter into any profession carrying the right to remuneration.

(2) The Mohtasib, during a period of two years after his retirement, shall not be eligible to contest election of the National or a Provincial Assembly.

6. Terms and conditions of service.—- (1) The provincial Mohtasib shall be entitled to the same privileges, allowances and pay as are admissible to a Judge of the Federal Shariat Court.

(2) A District Mohtasib shall be entitled to the privileges, pay and allowances as are admissible to a Sessions Judge.

(3) A Mohtasib may be removed from office on the ground of misconduct or of being incapable of properly performing the duties of his office by reason of physical or mental incapacity and in this context will be served with a notice in advance. If in the opinion of the Mohtasib the reasons of his removal are not based on facts, he shall be entitled to challenge the bona fide of the notice before the Peshawar High Court, which shall be heard by a Division Bench of the said Court; provided that if no hearing date is fixed for ninety days from the date of approaching the Court, then it shall be deemed that the notice of removal has become effective.

(4) In case a Mohtasib applies for hearing of his case under sub-section (3), he shall forthwith cease to function as Mohtasib.

(5) Where a Mohtasib has been removed on the ground of misconduct, he shall not be eligible, for a period of four years from the date of his removal, to be appointed in any government Department or to become a member of National Assembly or a Provincial Assembly.

7. Acting Mohtasib — (1) If the Provincial Mohtasib, for any reason such as leave, etc. is unable to attend his office, the competent authority shall direct any District Mohtasib to act as Provincial Mohtasib.

(2) if the office of the Provincial Mohtasib becomes vacant for any other reason, Government shall appoint an acting Provincial Mohtasib.

8. Delegation of Powers to District Mohtasib.—The Provincial Mohtasib shall, in the prescribed manner, be competent to delegate his power to a District Mohtasib in writing.

9. Appointment of staff and terms of employment—(1) Government shall determine the terms and conditions of service and pay and allowances in respect of the staff members of the Mohtasib.

(2) A district Mohtasib shall take oath of office before the Provincial Mohtasib in the form set forth in schedule ‘B’.

10. Power and duties of Mohtasib—-The Mohtasib shall, on a written or oral complaint of any person, or on reference from the High Court, the Supreme Court or the Provincial Assembly, or suo moto, shall have the authority to- (a) Enquiries into the allegations of maladministration against any agency or its employees; (b) Protect/watch the Islamic values and etiquettes; (c) Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the purpose of upholding Islamic values; (d) Forbid persons, agencies and authorities working under the administrative control of government to act against Shariah and to guide them to good governance; (e) Formulate such directives and principles which may help in making the conduct of authorities working under this section to be effective and purposeful; and (f) Extend to the provincial administration in discharging its functions smoothly
and effectively; provided that the Mohtasib shall not interfere in any matter which is sub-judice before a court of competent jurisdiction or which relates to external affairs of Pakistan or the relations or dealings of Pakistan with any foreign state or Government or relates to or is connected with the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan or the matters covered by laws relating to these forces.

11: Procedure and evidence—-(1) A complaint shall be made in writing or orally by the person aggrieved or, in case of his death, by his legal heirs, to the Mohtasib, which may be delivered personally to the Mohtasib himself or his concerned member of staff or by post, Email or Fax, etc.

(2) Where the Mohtasib proposes to conduct an investigation, he shall issue to the principal or subordinate office of the Agency concerned a notice calling upon it to make reply to the allegations made. If no reply is received within a reasonable time from the concerned Agency or the officer under its control competent to give reply, the Mohtasib shall initiate investigation proceedings, which will be informal, but in special circumstances, the Mohtasib may adopt such procedure as he considers appropriate for such investigation. The Mohtasib shall, in accordance with the rules made under this Act, pay expenses and allowances to the affected parties or the witnesses produced by them. The Mohtasib shall be empowered to check or cause to be checked through his employees the official records of the concerned Agency; provided that such documents do not pertain to state secret documents. Where the Mohtasib, with respect to any complaint, does not consider it
appropriate to take any action, he shall inform the complainant. The Mohtasib shall regulate the procedure for the conduct of business under, or the exercise of powers coffered by, this Act.

12. Implementation of orders, etc—-(1) On completion of the action in relation to a complaint, the Mohtasib shall have the power to issue directive to the competent officer of the Department concerned for its implementation and may, at the same time, take up such steps as considers expedient. The concerned Agency within the time limit mentioned in the directive, inform the Mohtasib about the action taken in that behalf, failing which the concerned Agency or competent officer will render itself or himself, as the case may be, to the following actions:

(a) One or more actions under the North-West Frontier Province Removal from Service (Special Powers) Act, 2000.

(b) In case of non-cooperation with the Mohtasib or his staff during investigation, action for interference in smooth functioning of Government.

(2) The Mohtasib shall, for the purpose of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:

(a) Summoning and enforcing the attendance of parties and examining him on oath;

(b) Compelling the production of documents; and

(c) Receiving evidence on affidavits.

(3) Where the Mohtasib is satisfied in respect of a complaint under consideration that any functionary of Government has committed a cognizable offence or a civil suit can be instituted against him, he shall direct the concerned Agency to initiate action as aforesaid in accordance with law.

13. Access to documents.—- The Mohtasib, any member of his staff or a member of Hisba Force, authorised in this behalf, shall have the right to enter into any office of Government for investigation and examine and take copies of documents during such investigation; provided that if any document is taken into possession from the records, he shall give a receipt thereof as a token of such possession.

14. Contempt of Mohtasib.— (1) In respect of contempt of Court, the Mohtasib shall have the same powers as are vested, under Contempt of Court, 1976, in the High Court;

(a) Hinders or become a source of hindrance in the smooth proceedings before the Mohtasib or does anything causing difficulties in the completion of such proceedings;

(b) Give such statement which defames Mohtasib, or any of his officer or representative;

(c) Acts in a manner which, in relations to proceedings before the Mohtasib, influence the mind of the Mohtasib to take a partial decision; or

(d) Acts in a manner which, any law for the time being in force, falls within the definition of contempt; provided that any comments made in good faith and in the public interest on any act or on report of the Mohtasib or his staff or representative shall not be treated as contempt.

(2) The aggrieved against any order of the Mohtasib under section (1) may, within 30 days of such order, appeal in the High Court which shall be heard by a Division Bench of the said court.

15. Provincial Advisory Council.— The Provincial Mohtasib, under his chairmanship, shall establish a Provincial Advisory Council, consisting of –

(a) two Ulema of repute;

(b) two senior advocates from Bar;

(c) two representatives of Government in PBS-20.

16. Meetings of Provincial Advisory Council.—The Provincial Advisory Council shall, for purpose of consultations, meet at such times and at such places as the Provincial Mohtasib may, from time to time, direct.

(2) Unofficial members of the Advisory Council shall be entitled to such honoraria as the Mohtasib may, with the approval of government, determine.

17. District Mohtasib.—

(1) The Provincial Mohtasib may, for a district or for more than one district, appoint a District Mohtasib.

(2) A person qualified to become a non-official member of the Provincial Advisory Council shall be eligible for appointment as a District Mohtasib.

(3) The tenure of a District Mohtasib shall be four years.

(4) In case of appointment of a District Mohtasib for more than one district, the Provincial Mohtasib shall determine the district where central office of such District Mohtasib shall take place.

(5) A district Mohtasib, before entering his office, shall take oath in the Form in Schedule B before the Provincial Mohtasib.

(6) A District Mohtasib shall be entitled to the same pay, allowances and privileges as are admissible to a District and Session Judge.

(7) A District Mohtasib may be removed from the office by the Provincial Mohtasib on the ground of corruption or of being incapable of properly performing his duties of office by reason of physical or mental ability. In such case he shall be served with a show-cause notice, which will be replied to by the District Mohtasib within seven days from the date of service.

(8) On failure of the District Mohtasib to reply within the stipulated period or the reply being found un-satisfactory, the order of removal of the District Mohtasib may be issued by the Provincial Mohtasib.

(9) The District Mohtasib, on his removal from office under sub-section (8), may, within 30 days of the order, appeal in the High Court.

(10) When a District Mohtasib has been removed on the ground of corruption, he shall not be eligible, for a period of four years from the date of his removal, to be appointed in any Government Department or to become a member of the Parliament or a Provincial Assembly or a Local Government.

18. Delegation of Powers.—The Provincial Mohtasib may, in writing, delegate his powers to a District Mohtasib for a period of three months and subject to such restriction as may be specified therein.

19. District Advisory Council.—

(1) As soon as may be after appointment of a District Mohtasib, he shall establish a District Advisory Council, consisting of at least five members under his chairmanship, of whom one shall be a religious scholar, one a law graduate, one a respectable resident of district concerned and one a district officer of Provincial Government.

(2) The District Advisory Council shall advise on matters which are referred to it, from time to time, by the District Mohtasib concerned.

20. Tehsil Mohtasib.—

(1) A District Mohtasib, with the permission of the Provincial Mohtasib, may appoint as many Tehsil Mohtasib as the need may be.

(2) A person qualified to become a District Mohtasib shall be eligible for appointment as Tehsil Mohtasib.

(3) The tenure of the Tehsil Mohtasib shall be four years.

(4) In case of appointment of a Tehsil Mohtasib for more than one Tehsil, the District Mohtasib concerned shall determine the Tehsil where central office of such Tehsil Mohtasib shall take place.

(5) A Teshil Mohtasib shall be entitled to the same pay, allowances and privileges as are admissible to a Civil Jude.

(6) A Tehsil Mohtasib may be removed from office by the District Mohtasib concerned on the ground of corruption or being incapable of properly performing his duties of office by reason of physical or mental inability. In such a case he shall be served with a show-cause notice, which shall be replied to by the Tehsil Mohtasib within seven days from the date of service.

(7) On failure of the Tehsil Mohtasib to reply within the stipulated period or the reply being found unsatisfactory, the order of removal of the Tehsil Mohtasib may be issued by the District Mohtasib concerned.

(8) The Tehsil Mohtasib, on his removal from office under sub-section (7), may within 30 days of the order, appeal to the Provincial Mohtasib, whose decision thereon shall be final.

(9) Where a Tehsil Mohtasib has been removed on the ground of corruption, he shall not be eligible, for a period of three years from the date of his removal, to be appointed in Government Department or to become a member of Parliament or a Provincial Assembly or a Local Government.

21. Acting Tehsil Mohtasib.—

(1) If a Tehsil Mohtasib, for any reason, is unable to attend his office temporarily, the District Mohtasib concerned shall direct any other Tehsil Mohtasib to act as Tehsil Mohtasib to perform his duties in addition to his own duties.

(2) If the office of a Tehsil Mohtasib becomes vacant for any reason, the District Mohtasib concerned shall direct any Tehsil Mohtasib to act as Tehsil Mohtasib of the Tehsil concerned till appointment of new Tehsil Mohtasib for the Tehsil.

(3) No Acting Tehsil Mohtasib shall, in any case, be appointed for a period of more than three months.

22. Delegation of Power to a Tehsil Mohtasib.—A District Mohtasib shall, in the prescribed manner, be competent to delegate his powers to a Tehsil Mohtasib of his District in writing.

23. Special Powers of Mohtasib.—Without prejudice to the powers conferred by section 10, the Mohtasib shall have the following powers:

(i) To monitor adherence of moral values of Islam at public places;

(ii) To discourage exhibition of extravagance, particularly at the time of marriages and other family functions;

(iii) To follow code of Islam in giving dowry;

(iv) To discourage beggary;

(v) To monitor adherence of Islamic values and its respect and regard at the times of iftar and traveh;

(vi) To discourage entertainment shows and business transaction at the time of Eids and Friday prayers around mosques where such prayers are being held;

(vii) To remove causes of dereliction in performance and proper arrangement of Eid and Friday prayers;

(viii) To discourage employment of under-age children;

(ix) To remove unnecessary delay in discharge of civil liability which is not disputed between the parties;

(x) To prevent cruelty to animals;

(xi) To remove causes of negligence in maintenance of mosques;

(xii) To observe decorum of Islam at the time of Azan and Fardh prayers;

(xiii) To prevent misuse of loud-speakers and sectarian speeches;

(xiv) To discourage un-Islamic and inhuman customs;

(xv) To check the tendency of indecent behaviour at public places including harassment of women;

(xvi) To eradicate the deal as profession in Taweez, palmistry, magic, etc;

(xvii) To protect the rights of minorities, particularly to regard the sanctity of their religious places and sites where they perform their religious ceremonies;

(xviii) To eliminate un-Islamic traditions, which affect the rights of women, particularly taking measures against their murders in the name of Honour, to remove the tendency of depriving them of their right of inheritance, to eliminate the tradition of Cirri, and to protect their rights guaranteed by Sharia and law;

(xix) To monitor weight and measures and eliminate adulteration;

(xx) To eliminate artificial price hike;

(xxi) To protect government properties;

(xxii) To eliminate bribery from government offices;

(xxiii) To incite feeling of service to people at large amongst government functionaries;

(xxiv) To advise those who are found to be disobedient to their parents;

(xxv) To perform any other functions which the Provincial Mohtasib determines from time to time in consultation with the Advisory Council;

(xxvi) To mediates amongst parties and tribes in matters pertaining to murders, attempts to murder and similar other crimes threatening to law and order situation.

24. Public Servant.—The Mohtasib and all his staff including Hisba Force shall be deemed to be public servant within meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).

25. Restriction.–-

(1) No court or authority shall be competent to question the legal status of the proceedings before a Mohtasib.

(2) No court or authority shall have the power to pass any injunction or any interim or a stay order with regard to any matter under consideration of the Mohtasib.

(3) No suit or legal proceeding shall lie against the Mohtasib or his staff for anything in good faith done or intended to be done.

26. Hisba Police.—A mohtasib will be provided with requisite police force to enable him to conduct his affairs under this Act.

27. Conciliation Committee.—

(1) The Provincial Mohtasib in consultation with the District Advisory Council, shall establish a conciliation committee, at police station level, that consists of

(i) Two religious scholars of repute,

(ii) A local lawyer,

(iii) A minority representative from the area,

(iv) A respectable local resident, and

(v) Station House Officer or his nominee

(2) A District Mohtasib may terminate the membership of any committee member, after consultation with the Advisory Council.

28. Offences to be Non-Cognizable.— Defiance of the order of the concerned Mohtasib in the performance of his duties under section 23 of this Act shall be non-cognizable offence punishable with imprisonment for a term of six month and a fine up to 2000 rupees.

29. Power to Make Rules.—Government from time to time makes rules for carrying into effect the provision of this Act.

30. Over-riding effect.—The provisions of this Act, to the extent provided hereunder, shall have over-riding effect vis-a-vis any other law for the time being in force.

31. Removal of Difficulties.—Government may, by notification in the official Gazette, remove any difficulty or hindrance in connection with the implementation of the Act.

Aamir Mughal said...

Pakistan Muslim League - N, Nawaz Sharif, Makhdoom Javed Hashmi and CJ Iftikhar Mohammad Chaudry:
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What about rejecting the bail to Makhdoom Javed Hashmi [MNA-PML-N]. Mr Justice Iftikhar Mohammad Chaudhary didn't say no to Mr Musharraf on Javed Hashmi Case?

SC dismisses 3 appeals of Javed Hashmi for his release on bail
Tuesday October 10, 2006 (0139 PST)

http://www.paktribune.com/news/index.shtml?156686

ISLAMABAD: Supreme Court has dismissed three appeals filed by PML -N president Makhdoom Javed Hashmi against his trial in jail and for his release on bail and suspension of jail term. A two members bench of apex court comprising chief justice Iftikhar Muhammad Chaudhry and justice Muhammad Nawaz Abbasi heard the case.

Chief Justice observed that judiciary is independent and the supreme can in no way be pressurized in any decision. " We will give decision according to law of the land. We have to see the law. No one will be allowed to politicize the case. There is ambiguity in the arguments offered by Akram Sheikh, counsel of Makhdoom Javed Hashmi. It is in the knowledge of those who hold press conference that their statements would reach the military men as well.

Earlier giving arguments, Akram Sheikh said federal government had lodged no complaint. Is there any law in place in the country under which holding the press conference in cafeteria is a crime. The apex court has taken thousands of suo motu actions on social issues. Can suo motu action not be taken with reference to an individual whose fundamental rights have been breached, he contended. Chief Justice observed that the court has to see if the appeal can be declared maintainable or otherwise. The High court verdict has also been reviewed.

Akram Sheikh told Makhdoom Javed Hashmi is in jail since October, 29, 2003 who was convicted and sentenced on April, 12, 2004. Cafeteria is part of parliament and it is legally protected. Some one had talked in upper house and action was initiated against him. Chief Justice remarked speaking in the upper house and holding press conference are two different things. Does it fall under the powers of speaker that the case should have been registered on his complaint or otherwise.

Akram Sheikh submitted that national assembly had tried to explain about the constitution but no mention was made about cafeteria in the constitution. NA speaker can register case through his secretary. But he did not do so. It was a strange press conference where in no reporter was present. Defending the government, special prosecutor general Munir Ahmad argued high court had taken no wrong decision. The man who had registered FIR had entered into cafeteria with the special permission and card. 14 witnesses were presented in the trial court who proved 7 charges correct which were leveled against the accused. The trial court had awarded punishment after it. The high court had also declared the verdict of subordinate court correct . No defence witness appeared from the accused side in the court. The appeal filed by Malik Qayyum against trial in jail was also rejected.

Nawaz criticises judiciary for rejecting Hashmi’s appeal By Our Staff Reporter

October 10, 2006 Tuesday Ramazan 16, 1427

http://www.dawn.com/2006/10/10/nat2.htm

ISLAMABAD, Oct 9: Former prime minister Nawaz Sharif on Monday paid rich tribute to jailed party leader Makhdoom Javed Hashmi, saying that his name would become synonymous with courage and sacrifice in the country’s history. The PML-N leader’s statement was issued from London and released by the party’s secretariat here after Mr Hashmi’s bail appeal was rejected by the Supreme Court. The PML-N chief said that the entire nation saluted him for remaining steadfast on principles.

Injustices done to Mr Hashmi were evident, even to the ‘outside world’ but “unfortunately it is not obvious to our higher judiciary”, he said. “Spirits of political workers, who have dedicated their lives for the supremacy of the constitution and democracy, cannot be subdued by such decisions,” the statement quoted him as saying.

Mr Sharif said that Javed Hashmi and others, who had refused to bow before the dictatorship of Gen Musharraf, were assets for the party and society. He expressed the hope that democracy would prevail over forces of military dictatorship because of the sacrifices rendered by Mr Hashmi, adding that Pakistan would soon attain a respectable position in the comity of nations.

Javed Hashmi, PML’s acting president, is in detention for the past three years on charges of treason.

Commenting on rejection of Mr Hashmi’s appeal by the Supreme Court, PML-N information secretary Ahsan Iqbal in a separate statement said that unfortunately this had shown that the judiciary had double standards.

“We welcome the release of PPP leader Yusuf Raza Gillani by the judiciary, who was subjected to victimisation by the Musharraf regime, (but) in Mr Hashmi’s case the criteria changed,” he said.

“Mr Hashmi is a prisoner of conscience and the whole nation feels proud of him. Such decisions will not break the resolve of the PML-N but further strengthen the will of its leaders and workers to continue the struggle for victory of constitutions and democracy in the country. This has once again demonstrated that the Musharraf regime still fears the PML-N and considers it (the main threat),” he said.

Hashmi’s bail plea rejected By Nasir Iqbal

December 6, 2003 Saturday Shawwal 11, 1424

http://www.dawn.com/2003/12/06/top13.htm

ISLAMABAD, Dec 5: The District and Sessions Judge, Islamabad, Chaudhry Asad Raza, dismissed on Friday the bail application of Alliance for Restoration of Democracy President Makhdoom Javed Hashmi and fixed Monday for regular hearing of a mutiny case against him.

“By going through the record of the case, it seems the accused, prima facie has committed an offence which falls under section 124 A (Sedition) of the Pakistan Penal Code (PPC) and, therefore, cannot be granted bail,” observed the judge in his 11-page verdict.

The judge said the letter the accused read out and distributed among press reporters and others seemed to be carried by him for the first time.

“We will definitely challenge the decision before the high court and will avail all judicial avenues available to us to get a bail in favour of Javed Hashmi,” defence counsel Latif Khosa and Syed Zafar Ali Shah told Dawn.

The district and sessions judge also mentioned the statements of the witnesses which were produced by the prosecution and observed that an attempt was made to create a feeling to abet mutiny against the high command of the armed forces.

Two witnesses, Captain Jehanzeb Zahoor and Captain Nadir Saleem, in their statements before the magistrate had stated that they felt insulted while listening to the letter being read out which instigated them for mutiny against the high command of the armed forces. Two media persons, one from daily Islam and other from the government news agency APP, who had covered the press conference, had also recorded their statements.

According to the verdict, the statement of the witnesses also showed that this letter could cause treason among the army personnel and create public disturbance, hatred against the Constitution, subvert laws of the state and disturb tranquillity in society.

The issue as to from where the letter came and its veracity would also be looked into during the regular hearing of this case.

About the application of Mr Hashmi, arrested on Oct 29 on the charges of issuing statements against the army, regarding the provision of A-Class in the jail, the court directed the Adyala jail authority to submit a detailed report in this regard on Dec 8 when Mr Hashmi would be produced before the court on the expiry of his judicial remand. The court also might give its decision on his application on the same date.

Later, Mr Zafar Ali Shah, talking to reporters, said the decision was expected and accused the government of political victimization.

He recalled that special prosecutor Munir Bhatti in the challan he presented before the court had also involved other parliamentarians in the case but only Mr Hashmi was being victimised.


Late release of Javed Hashmi on the eve of his daughter`s marriage, an unwelcome gesture: Liaqat Sunday December 24, 2006 (0215 PST)

http://www.paktribune.com/news/index.shtml?164043

MULTAN: MMA central leader Liaqat Baloch has said MMA does not welcome government step on late release of Makhdoom Javed Hashmi enabling him to attend marriage of his daughter and demanded case be withdrawn and PML-N acting president be set free. He said this while talking to the journalists on the eve of marriage of Makhdoom Javed Hashmi`s daughter marriage. Baloch held NA speaker is custodian of house and he should have taken timely step. He did not do so nor he issued production order. Case should be withdrawn against Makhdoom Javed Hashmi and he should be released. Hamza Shahbaz son of PML-N president Shahbaz Sharif was also present on occasion but he did not talk to the journalists.

JI leader Farid Ahmad Paracha said responsibility rests with the PPP-P to play its role for formation of grand alliance. The impression about deal between government and PPP-P should be dispelled. Opposition should jointly wage struggle against the dictatorship. Transparent elections can not take place under general Musharraf. Resignations from MMA are not hurdle on the way to formation of grand alliance. He told MMA supreme council will take final decision on resignations. Time has come collective campaign should be launched and resignations be tendered, he stressed.
PPP-P leader Fakhar Imam said Benazir has to decide about attending the All Parties Conference (APC) convened by Nawaz Sharif or otherwise.
Former president Rafiq Tarar said general Musharraf is playing the role of enemy of country.

End

For the sake of record.

Human Rights Watch is often quoted on the Restoraion of Judiciary and Restoration of CJ Mr Justice Iftikhar Muhammad Chaudhary. Lets read what HRW has to say about Asif Ali Zardari. I wonder where was was Mr Justice Iftikhar Mohammad Chaudhary [upgraded by Musharraf during Martial Law rather Musharraf administered his OATH for the Supreme Court] and his Chief Spokesman Mr Ather Minallah who had served under the very General Musharraf during his Pure and Un-edited Martial Law Government. Where were Mr Ather Minallah and CJ Mr Justice Iftikhar Mohammad Chaudhary when under their very nose below mentioned Human Rights Abuses were rampantly allowed against Makhdoom Javed Hashmi and Asif Ali Zardari. Dear Moderators, please call spade a spade.

HUMAN RIGHTS WATCH REPORTS ON PAKISTANI GOVERNMENT'S REPRESSSION OF POLITICAL OPPONENTS. Year wise data.

Repression of Political Opponents

http://hrw.org/englishwr2k7/docs/2007/01/11/pakist14756.htm

The government continues to use the National Accountability Bureau and a host of anti-corruption and sedition laws to keep in jail or threaten political opponents, particularly members of former Prime Minister Benazir Bhutto’s Pakistan Peoples Party and the Pakistan Muslim League (Nawaz). As elections approach in 2007, such persecution is expected to increase. Makhdoom Javed Hashmi, of the Alliance for the Restoration of Democracy, who received a 23-year sentence for sedition in April 2004, a charge brought against him for reading an anti-Musharraf letter to journalists, remained in jail at this writing.

Arbitrary Arrest and Detention of Political Opponents

http://hrw.org/english/docs/2004/12/14/pakist9852.htm

The government continued to use the National Accountability Bureau (NAB) and a host of anti-corruption and sedition laws to jail political opponents or blackmail them into changing their political stance or loyalties or at the very least to cease criticizing the military authorities.

In April 2004, the president of an opposition party, Makhdoom Javed Hashmi of the Alliance for the Restoration of Democracy, was sentenced to twenty-three years in prison on sedition charges for reading an anti-Musharraf letter to assembled journalists. Meanwhile, Asif Zardari, husband of former Prime Minister Benazir Bhutto has begun his ninth consecutive year in prison. Initially the government filed twelve cases against Zardari, most based on charges of corruption and financial impropriety. Though he has been bailed in eight and acquitted in four of these, in December 2001 a thirteenth case was filed against him on charges of evading duty on the import of a second-hand car. Zardari awaits a bail hearing.

Torture and Arbitrary Arrests of Dissidents and Political Opponents

http://hrw.org/english/docs/2003/12/31/pakist7008.htm#6

Torture is used in Pakistan by military agencies primarily to "punish" politicians, political activists, and journalists who challenge the government's actions. Torture by the military usually takes place after the victim has been abducted; the purpose is to frighten victims into changing their political stance or loyalties or at the very least to cease criticizing the military authorities. The victim is often let go on the understanding that if he fails to behave, another abduction and further mistreatment will follow. In this manner, the victim can be kept in a state of fear for several years. Rights groups have raised the case of the detention and torture of Rana Sanaullah Khan, an opposition legislator who was whipped, beaten, held incommunicado, and interrogated for a week in police custody before eventually being released in November 1999. Apparently because Sanaullah refused to be cowed by the incident, he was abducted again in March 2003 and
received similar treatment before being released. Meanwhile, Javed Hashmi, acting president of the opposition Pakistan Muslim League (N), remains in custody facing charges of sedition after he criticized military authorities at a press conference.

Pakistan: End Persecution of Political Opponents

http://www.hrw.org/english/docs/2004/12/28/pakist9933.htm

Zardari had been accused of corruption during Bhutto’s term as prime minister, but his lone conviction was later reversed because of governmental interference with the judicial process. By December 2001, Zardari had been granted bail in all cases pending against him. However, in a move apparently designed to prevent his release, the Musharraf government filed a new case accusing Zardari of evading import duty on a second-hand car. On November 22, the Supreme Court granted him bail in this case and he was released. Though Zardari’s release was ordered by the Supreme Court, government functionaries publicly stated that he had been released as part of a “deal” with the PPP that would culminate in the party’s recognition of the institutionalized role of the military in Pakistani politics. This would allow General Musharraf to hold the dual roles of army chief and president in exchange for a role in government and the dropping of charges against
Bhutto, Zardari, and others.

Arbitrary Arrest and Detention of Political Opponents

http://hrw.org/english/docs/2006/01/18/pakist12254.htm

The government continued to use the National Accountability Bureau and a host of anti-corruption and sedition laws to jail or threaten political opponents. Makhdoom Javed Hashmi, of the Alliance for the Restoration of Democracy, began a twenty-three year sentence for sedition, a charge brought against him for reading an anti-Musharraf letter to journalists in April 2004. In April 2005 thousands of opposition Pakistan People’s Party (PPP) supporters, including several PPP parliamentarians, were arbitrarily arrested in a countrywide crackdown. Though many of those arrested were subsequently released without charge, cases against hundreds were filed under the Anti-Terrorism Act and under Pakistan’s criminal procedure code. Scores continue to face charges and the fear of re-arrest. On May 11 Shahbaz Sharif, president of the Pakistan Muslim League (PML-N), was forcibly deported to Saudi Arabia when he attempted to end three years of involuntary exile.
Prior to his arrival at Lahore Airport, scores of PML-N leaders and supporters were arrested and released subsequently.

During the summer of 2005, Musharraf presided over a three-phase local government election marked by brazen intimidation, coercion, and pre-poll rigging. Some forty people died in election-related violence, making this the most violent electoral exercise in Pakistan’s recent history. During the campaign, many opposition candidates faced violence and intimidation at the hands of the police and civil administration. Independent observers reported numerous instances of kidnapping, mistreatment, and arbitrary detention of opposition supporters, as well as pre-election and election day irregularities.

Aamir Mughal said...

The people behind this Restore the Judiciary Movement are based in USA

Mr Samad Khurram [Restore the Judiciary Movement] who refuse American Award in Pakistan but study in the same USA whose Military bombs Pakisan and same Mr Samad Khurram enjoys Photo Session with a Key US Democrat John Kerry whose vote was a part of Bush Campaign against Iraq [do you know how many Irqi died?]

http://www.pakpoint.com/2008/06/19/samad-khuram-zinda-bad/


CJ Iftikhar Muhammad Chaudhry and USA

http://chagataikhan.blogspot.com/2008/12/cj-iftikhar-muhammad-chaudhry-and-usa.html

Rabia said...

Aamir, thanks for some really great comments

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