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30 November 2009

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Showing posts with label Judiciary. Show all posts
Showing posts with label Judiciary. Show all posts

Sunday, 29 November 2009

A CJ greeted in Karachi and the events of 12 May 2007




A CJ greeted in Karachi
Guest post by Aal e Hashmat Malik


Just recently, in the last week of November 2009, the Provincial Home Minister of Sindh, Mr Zulfiqar Mirza, announced in a press meeting that his PPP government would launch an inquiry into the events of 12th May 2007 and would like to unveil the real faces behind that utter cruelty.

Let us turn to another page of our forgotten history ……when chaos had gripped the streets ofKarachi on that day. The day when Justice Iftikhar Chaudhry, the then suspended Chief Justice, had landed at Karachi Jinnah International Airport for onward move to Sindh High Court premises to address the Karachi Bar Council. Karachi had witnessed ‘orchestrated mayhem’ wherein about 46 lives were lost, and about 150 were injured, threatening a complete breakdown of law and order in Pakistan's largest and most volatile city.

Referring to UK’s daily The Telegraph’s ‘Pakistan on brink of disaster as Karachi burns’ appearing on 13th May 2007:

‘Karachi With plumes of black smoke billowing over the city of 12 million people, there were extraordinary scenes as gunmen on motorbikes pumped bullets into crowds demonstrating against …………., while police stood by and watched. Bloodstained corpses lay where they had fallen in the streets and bodies piled up in hospital morgues. As the sense of crisis deepened, the military general resolved to send in Pakistan rangers (paramilitary troops) to restore order, and to place the army on standby.

Yesterday's violence erupted as 15,000 police and security forces deployed in the city stood idly by as armed activists from Karachi's ruling party, Muttahida Qaumi Movement (MQM), a coalition ally of Gen Musharraf, blocked Mr Chaudhry's exit from the airport and took control of the city's central district.’,

It was a factual belief that Gen Musharraf had hoped to create a compliant judiciary ahead of elections which he had promised to hold later that year. But what started as a political confrontation then brought up on surface the Karachi's tinderbox of ethnic rivalry.

Referring again to the above quoted article of ‘The Telegraph’;

‘Inside Mr(Justice)Chaudhry's intended destination, Sind's high court, hundreds of lawyers, some of them bloodied after being beaten up by MQM supporters, milled about chanting slogans and receiving news on their mobile phones about the trouble engulfing them. Outside, MQM activists with pistols tucked into their jeans, blocked the entrance.’

The intelligentsia kept a view that Gen Musharraf had purposefully allowed conflicting rallies to go ahead to create the requisite level of disorder to justify the declaration of an emergency or Martial law. The prelude to violence was familiar to Karachi, where hundreds of people were killed in ethnic violence in the 1990s but first time in Pakistan live television cameras captured the situation for viewers to see government tankers used to block off routes to the airport, police and rangers conspicuous by their absence or standing idle as armed men ran amok on the streets of Karachi, corpses and wounded bodies lying by the wayside in pools of blood.

The security plans chalked out for that day were abandoned overnight. The Sindh home department withdrew the weapons of most law enforcement personnel in Karachi. Armed only with batons, the 15,000 policemen deployed in the city avoided the violent areas. Rangers who were to hold key positions on the ‘flyovers’ on the main airport road were nowhere in sight. Instead, armed men in civilian clothes held those posts, and fired into the crowds trying to reach the airport to receive the Chief Justice stranded inside.

Over at the Sindh High Court, as a lawyer Ayesha Tammy Haq witnessed, at about 5 PM the things were getting worse. Judges were not leaving the premises as there would be a rampage. City courts were being attacked. The lawyers were expecting to have army rule in Karachi. Later it transpired that:

‘…. it was a part of “the political activity” of a political party attempting to show its strength to its constituency and of course a loyalty show to see and feel by Gen Musharraf too.’

‘Not only was the Sindh High Court under virtual siege by armed activists, but lawyers attempting enter the Court were repeatedly beaten and roughed up. The armed activists did not even spare the Judges of the High Court. One judge was held at gun point and his car damaged. “While holding me at gun point, the youth called someone and stated ‘Yeh bolta hai kay High Court ka judge hai...kya karun is ka?...achaa theek hai, phir janay daita houn.’ (He says he’s a judge of the High Court. What should I do with him? Ok then, will let him go).” Many judges, unable to drive to the Sindh High Court, had to leave their official ’flag’ cars and make their way through menacing crowds and climb over the court’s back wall in order to reach their chambers.’
(Ref: an interview with Talat Hussain, Aaj TV, 18th May 2007)

[Munir A. Malik and his fellow 24 lawyers accompanying Justice Choudhry from Islamabad to Karachi were forced to remain inside the airport. The Sindh government representatives offered to transport the Chief Justice by helicopter but this offer was for him alone. Since the lawyers with him had already foiled the attempts of ‘two uniformed officers’ to ‘snatch the CJP and take him from the other side,’ he refused.]
(‘Story at the airport’, The News,20th May, 2007)

Armed men attacked lawyers at Malir District Bar, Justice Choudhry’s scheduled first stop in Karachi, killing a lawyer and injuring several others, including female lawyers. Justice Choudhry and his team, of course, were ‘externed’ to Islamabad after arguing and struggling for several hours at the airport. Late that night, residents in the low-income Ranchore Lines mohalla were awakened by loud banging on their doors. One resident narrated that it was two young boys distributing freshly cooked biryani and suji in plastic bags: “Yeh chief justice ki wapsi ki khushi mein hai” (This is to celebrate the Chief Justice’s return [to Islamabad]).

Another account can be seen here:

On the Karachi streets, Uzi’s press card had saved her again at around 05:00 p.m. as she and a colleague tried to reach the Rangers Headquarters in Dawood College. “A car chockfull of ammunition passed in front of us, stopped, backed up and stopped in front of us, Kalashnikovs pointing at the two of us from the windows. We showed our press cards and the car moved on. NEVER in my LIFE have I felt more grateful to my press card than I did yesterday.”

At around 06:00 p.m., she and her colleague were trapped by gunshots all around. “Short of climbing the walls and entering one of the houses around, there really was no other place for us to go.” They stopped a police mobile and asked which way would be safe to go. The answer, accompanied by laughter: “You can be killed wherever you go. Choose your place.”

(Ref: Eyewitness: Karachi 12th May 2007 by Beena Sarwar published in www.Chowk.comdated 30th May 2007)
In published reports, journalists prudently avoided naming the parties involved.
‘Young men toting flags and banners had set up camp outside the airport departure lounge. They hid, however, when policemen came by. Reporters in the vicinity were asked whether they had seen any political activists around. Munawar Pirzada (from Daily Times) said that he had seen some nearby. After the policemen had left, the activists came up to the reporter, dragged him by the hair and took him aside. They then proceeded to threaten him with dire consequences if he said anything the next time the policemen came around.’
(by Urooj Zia in Daily Times, 14th May 2007).

But the affiliation of these gangs was visible in the live coverage provided by several private television channels, which showed plainclothes men brandishing weapons on the deserted roads, using government tankers as cover, exchanging gunfire with unseen opponents, the tri-colour MQM flag visible on their motorcycles.

After Aaj TV’s continuous live coverage of such scenes, armed men attacked the television station, firing at it for several hours. Instead of stopping the coverage, Aaj showed live footage of reporters ducking behind a desk, shots being fired at their office, as anchor Talat Hussain provided an account of the situation on phone. Reporters in the area asked the Rangers posted nearby to help the Aaj workers trapped inside their building. The answer: ‘We’re helpless. We can’t do anything unless we have orders from above.’

Another eye-opening narration:
‘The local media received a call from a hospital, apparently sent by a doctor who had been at work for several hours attending to multiple gunshot wounded victims in his hospital lobby, where a makeshift emergency room had been set up. Nothing but he told: ‘struck down my soul more than what nine fully armed workers of a ‘local political party’ along with 2 sector office bearers did. They tried to drag out a wounded and dying body of a ‘poor politico-religeous worker’ (whose identity they later learnt) for presumably finishing him off.’ The protesting doctors were slapped around and dragged by their legs to the back of the gurney alley. With shotguns, pistols and ak-47’s in hand, the men ran back to the lobby presumably to find their target again.

The doctor ran out to the rangers and police near the hospital front gate. Their answer to his appeal: ‘Jaante ho inn logon ko phir bhi kyon larte ho…hamain upar se order hai ke inn ko char baje tak karne do jo karna hai. Char baje ke baad kuch dekhainge’ (When you know who these people are why do you still fight them … we have orders from above to let them do whatever they want until 4pm. After 4pm we will see).

As a previous party supporter, the doctor had recognized some of the assailants and called a friend related to their deputy leader Farooq Sattar. Five minutes later the men received a phone call and left, threatening the doctors (and stealing one of their cell phones, “Chikna set hai” -- it’s a cool set). “The guy they had come looking for had been shot one more time in the head. The o.t dress we had dressed him in 10 mins earlier was freshly bloody.’
(Ref: www.karachi.metblogs.com/archives/2007)

There was a story behind each of those who were killed, some belonging to one or other political party, and others just because they were there. Masked men stopped ambulances and sprayed them with bullets, killing an Edhi Ambulance driver, Faizur Rahman Khan, 65, when he refused to throw out a wounded person he was transporting to hospital from near the airport; the wounded man was also shot again. Armed gangs herded passers-by into an alley and shot dead a young overlock machine operator along with another man, in front of two colleagues who were also shot but survived to tell the television source.

As per written facts in ‘They shot us one by one...’ by Munawar Pirzada in dailytimes.com.pk, there have been reports about an SHO who guided a procession into an ambush and a pregnant woman who had to deliver her baby in the car when armed men refused to let her proceed to the hospital with her husband. The Pakistan Press Foundation (PPF) reported that several journalists were manhandled and nine wounded. Some TV cameramen were beaten and their cameras snatched or damaged.

Zaffar Abbas was correct when he wrote that Karachi was only at peace for the past many years because it suited its militants; and ‘Finger pointing’ is necessary, because throughout our history, instead of a catharsis, we simply go through a ‘jo ho gaya ab bhool jaao, aagay daikho’ (forget what has happened) attitude. Already, with the President’s pat on the back at the emergency meeting of the ruling party in Islamabad (on Monday) the MQM is back on the front foot…

Although it is unlikely that the perpetrators of Saturday’s violence will ever be brought to justice, at least they should continue to be exposed before the entire country. More importantly, they should face the consequence of such exposure. Public image is very important to the MQM and the national outrage at their conduct may be the best prospect of compelling them to change their ways’.

(Ref: ’Back to the future?’ Published in Daily Dawn of 14th May 2007)

Later Gen Musharraf was in the Chief Minister House Karachi to review the law and order situation following 12th May carnage. At this occasion a Provincial Minister Irfanullah Marwat (from Pakhtun Community) asked Gen Musharraf to order an inquiry into who had opened fire, arrest the culprits and take action against the elements responsible. The minister stressed the people would not be satisfied till the arrest of the elements responsible and strong action against them. The Pakhtun Action Committee Chief Shahi Syed stated on the occasion that all it was due to Adviser to the CM on Home Affairs Waseem Akhtar.

Gen Musharraf heard it and that’s all; military people find it hard to say sorry.

Coming back to our original, Mr Z Mirza, the Sindh Home Minister, was probably pointing out towards this core issue on the basis of his personal knowledge being a staunch political worker of the PPP and may be depending upon the reports of western press as quoted above. Being a Home Minister he had definitely got access to the secret ‘Special Branch’ reports of the Sindh police and floated his wish of conducting this enquiry at such belated stage so vigorously and in a robust manner.

Whether MQM was involved in that whole scenario or not because still it is a subject of detailed enquiry based on solid evidence but one thing is clear that the master mind behind that episode was Gen Musharraf himself, who had claimed those killings as ‘his success and show of power’ in an open jalsa held, organized and patronized by ML(Q) at
Islamabad on the same evening of 12th May 2007.

Would somebody from judiciary or executive dare to hold Gen Musharraf accountable on this issue, too.

(Aal e Hashmat)
Aalehashmat@Hotmail.com

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Wednesday, 25 November 2009

Rhetoric of constitution and the dubious role of the Lahore High Court

Guest blog by: Aminah Bhutto
Posted by: Jarri Mirza

President Asif Ali Zardari's address today (25 November 2009) to the party workers brought a new debate on electronic media. This new debate is part of the smear campaign against Asif Ali Zardari which was started since PPP came into power last year.

Media's new rhetoric is that the President of Pakistan can't address a public procession . As a party worker I want to ask them why this sacred constitution is forgotten when judges and military generals make political statements . Here is an example of the misconduct by Chief Justice of Lahore High Court (an ex-servant of Nawaz Sharif, not very much different from another servant Rafiq Tarar). Chief (Cheap) Justice Lahore High Court in an address in July 2009 pointed towards Asif Ali Zardari as a murderer of his late wife and our beloved leader Benazir Bhutto Shaheed. He suggested that government of the day is not interested in finding her murderers!. CJ Sharif's statement is not only unconstitutional but also unethical but nobody cared. Not at least the so called guardians of law and justice in our electronic media.

Govt. knows Bhutto’s assassins: Lahore High Court CJ

Lahore, 18 July 2009 : While the UN commission is in the country to probe former Prime Minister Benazir Bhutto’s assassination, the Lahore High Court Chief Justice Khawaja Sharif’s shocking claims that the government is aware about all the facts regarding the murder, has raised questions over the PPP-led government’s intentions.

Addressing the members of the Islamabad District Bar Association, Sharif said the government is aware about the facts behind the killing, and that the Pakistan People’s Party (PPP) should quiz the government rather than making an appeal before the Chief Justice.

“Everyone knows who is responsible for the Karsaz tragedy and the killers of Benazir. The Chief Justice cannot do everything,” The Daily Times quoted Sharif, as saying.

The three-member UN Inquiry Commission arrived in Islamabad earlier this week and met President Asif Ali Zardari to begin a sixth-month investigation into Bhutto’s killing.

The UN probe team includes Chilean Ambassador to UN, Heraldo Munoz, former attorney general of Indonesia, Marzuki Darusman, and a veteran of the Irish National Police, Peter Fitzgerald. (ANI) Source

Tailpiece

LHC rejects by- polls petitions
Wednesday, November 25, 2009

LAHORE: Lahore High Court (LHC) has rejected the intra court petitions requesting to organize by-polls in Punjab.

A Division Bench of LHC rejected the petition filed by President Awami Muslim League Shiekh Rasheed Ahmed and other candidates running in the by-polls on the seats of National and Punjab assemblies lying vacant in the province, endorsing the earlier-given verdict given by a single member bench of the same court, of delaying bye-election in the province.

The bench also directed the Election Commission of Pakistan to consult Punjab government on rescheduling the bye-polls in the province in the light of single bench’s verdict.

Meanwhile, Shiekh Rasheed has announced to challenge the verdict of Lahore High Court and rejection of his petition against it in Supreme Court of Pakistan.

Talking to newsmen here after the hearing, AML chief claimed that the by-polls would be held in 2010. Source

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Monday, 23 November 2009

Who needs an NRO ?

Posted by: Jarri Mirza
Blog post written by: Humza Ikram

Former Attorney general of Punjab"Khawaja Sharif" is trying to help his old master's boy, who was then Chief Minister Punjab "Nawaz Sharif".


Nawaz Sharif has really surprised his critics by playing his cards really smartly. First, he got a de-jure NRO from the establishment in a shape of Presidential Pardon and then negoiated an excellent business deal which resulted his safe exit to Saudi Arabia, where he owns one of the biggest Steel Mill of Asia and has expanded his other bussiness ventures. And now he got a de-facto NRO from the present judical setup, which is in fact an slap on recent Judicial Policy which aims to give verdicts within a time period six months.



published on 8th October, 2009 source: dailywaqt.com

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Saturday, 21 November 2009

Cannon Should Be Towards Burning Issues


By: Jarri Mirza

Presently all non-serious politicians and so-called champion journalists are reporting or publishing baseless stories without research and giving one side picture to the public. This act is being done by some private TV Channels as well as political analysts in daily newspapers and electronic media.

They want to put pressure on the present government and the real party of the peole, which is the largest political party in the country. The ruling political party proved its popularity in the most recent Gilgit Baltistan elections that they have roots is the people of Pakistan who love democracy and rule of law in our beloved country.

For last few weeks our TV anchors are busy along with the so called political analysts discussing about corruption and anti President campaign only for the sake of point scoring and gaining sympathy from whom they are affiliated with and also for monetary payments from their lords involved in terrorism in South Waziristan and Afghanistan. They are unable to think that these hearsay stories are encouraging the wrong doers in the public; while some English TV Channels are telecasting accurate reporting, certain Urdu electronic media anchors telecast sensational conversations and scary stories spreading panic among innocent people, blocking the positive way to develop the country and making obstacles in the way of foreign investment.

They can now read the statement made for head of 2nd largest political party (PML-N) given to daily news; when he said he has never talked about the impeachment of the president nor has he demanded his resignation. The Chief Minister of Punjab also talked with journalist in Karachi that they don’t want to derail the democratic system in Pakistan. President should complete his tenure, who unanimously elected through democratic process.

Now political analysts and media persons should wait the decision from court of law, as judiciary is independent and impartial. Corruption will put before the court of law. Let us see the institutional mechanism for dealing with the corruption cases not emotional attacks against the corrupt.

My suggestion for media persons that burning issue should be taken up i.e. social, economic issue in the society, war on terrorism, health care, drinking water, education and other necessaries of people.

Cannon should not be toward one personal, latest gallop survey reports confirm that present government has ability to coop the crises and other problem faced by the people of Pakistan. Media should improve their image, so people could rely upon them.

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Hafiz Saeed's Islamofascist office in Chicago

Lashkar-e-Taiba threat revived after Chicago arrest

Friday, 20 Nov, 2009

LONDON: The arrest of two men in Chicago on terrorism charges linked to Lashkar-e-Taiba has revived fears about the Pakistani militant group's global reach and its ability to plot attacks in India and around the world.

A major attack in India - still angry over an assault on Mumbai one year ago - could trigger Indian retaliation in Pakistan and draw the nuclear-armed neighbours into a conflict that would also torpedo US hopes of stabilising Afghanistan.

David Headley and Tahawwur Hussain Rana were arrested last month and accused of plotting an attack on Danish newspaper Jyllands-Posten, which ran cartoons of the prophet Mohammad in 2005, US authorities said in court documents.

According to the court documents, they discussed their plans with members of Lashkar-e-Taiba and al-Qaeda linked Pakistan-based militant Ilyas Kashmiri. Lashkar also talked to them about possible attacks in India and suggested these should be given priority over the alleged plot in Denmark.

Neither Headley, a US citizen who had spent time in Pakistan, nor Rana, a Canadian citizen born in Pakistan, have yet entered pleas. Rana's lawyer said he would deny the charges.

Officials have long worried that Lashkar-e-Taiba, blamed for the attacks on Mumbai, could use its big network of support in the Pakistani diaspora to hit Western targets.

The Chicago case showed quite how powerful that network could be. And it suggested the group was still actively planning attacks in India and raised fears it could use Western nationals who might escape police attention to strike there.

Indian Home Minister P. Chidambaram told the Washington Post police in India also were investigating whether the two men had links to the Mumbai attack, which killed at least 166 people.

'Chicago really exemplifies the group's capabilities and the leadership's priorities,' said Washington-based analyst Stephen Tankel, who is writing a book on the group.

Lashkar 'remains committed to an India-first approach, but also poses a real threat to the west.'

INDIAN RETALIATION
Lashkar-e-Taiba shares al Qaeda's concept of global jihad, as underscored by its alleged willingness to support the planned attack in Denmark.

'Lashkar-e-Taiba is no longer a Pakistani movement with only a Kashmir political or military agenda. Lashkar-e-Taiba is a member of al Qaeda,' former French investigating magistrate Jean-Louis Bruguiere told Reuters in an interview last week.
The group's Jamaat ud-Dawa charitable wing wins support and funding worldwide for its humanitarian work in Pakistan, giving it a powerful network which police say has been used to plot attacks in countries from Britain to Australia to Bangladesh.
But it is Lashkar's ability to wreak havoc in India and to raise tensions with Pakistan that makes it most dangerous.

India broke off formal peace talks with Pakistan after the assault on Mumbai and is still pressing Pakistan to dismantle Lashkar's infrastructure and training camps.
Indian Home Minister P. Chidambaram said this month India would retaliate if hit by another attack from Pakistan.

Gurmeet Kanwal, at the Indian Army's Centre for Land Warfare Studies, said this could even include attacks by the Indian Air Force (IAF) across the Line of Control (LoC) dividing Kashmir.

'If the next big strike can be credibly attributed to Pakistan Army/ISI planning and support, the IAF and the Indian Army are likely to be ordered to strike across the LoC at purely military targets and known terrorist infrastructure because the government will be forced to bow to public pressure,' he said.

Such a move would force the Pakistan Army to rush troops from its western border with Afghanistan to its eastern border with India, and run a serious risk of escalation.

Untangling that Gordian knot is likely to come up during a visit to Washington next week by Indian Prime Minister Manmohan Singh, who has personally led efforts to improve relations with Pakistan in the face of domestic criticism.

But with peace between India and Pakistan a long way off, the immediate risk is both that Lashkar might stage attacks in India, or provide its global network to support other militants, including al Qaeda, in targeting the west.

'The interesting thing it (the Chicago case) points to is how fluid these networks are,' said Praveen Swami, a Kashmir specialist at India's The Hindu newspaper.
It could even try to combine the double objective of striking India as well as Westerners by attacking western targets within India itself.

'This does not mean every attack inside India ... will target Western interests,' said Tankel in an article to be published next week in the CTC Sentinel, produced by the Combating Terrorism Center at US military academy West Point.

'But the threat of such attacks must now be included within its wider targeting options,' he said. – Reuters
http://www.dawn.com.pk/wps/wcm/connect/dawn-content-library/dawn/news/world/03-lashkar-e-taiba-threat-revived-after-chicago-arrest-ss-09

....

The need to develop an apt legal response to terrorism

An inept response
Legal eye

Saturday, November 21, 2009 (The News)
Babar Sattar

The writer is a lawyer based in Islamabad.

The Pakistan-based Taliban's indiscriminate religion-inspired war against the state in concert with other terror groups poses a threat that no one really knows how to deal with. The war raging in our tribal areas as well as our cities is multi-pronged and has ideological, strategic, political, socio-economic and legal dimensions.

The declared strategy of the Pakistani government toward this war is to take the security operation underway to its logical end with complete resolve and, once the physical control of the Taliban country is reclaimed, consolidate military gains with economic investment and political reforms. The military is essentially involved in a fire brigade operation struggling to put out the fire where it is raging the most. The proposed but missing political and economic tiers of the strategy are meant to win the hearts and minds of people, and prevent futurerecruitment of the youth by the Taliban and other terror groups.

But given that the Taliban and other terrorist outfits functional in Pakistan comprise our own citizens, what will we do about those who survive this military operation including the operational and sleeper cells that are already spread across the country? While an effective military operation can limit the ability to spread violence and terror across Pakistan with impunity and an effective socio-economic and political rejuvenation process can diminish the appeal of ideologically inspired terrorism, we cannot underestimate the need for effective traditional law enforcement to prevent and address acts of terror being carried out across Pakistan. And it is this necessary dimension of fighting terror within Pakistan through traditional policing and law enforcement where our response has not just been deficient but completely non-existent.

As anchor Dr Moeed Pirzada emphasised in a recent discussion, countries that are able to control the movement of men, material and money within their territories and across their borders are better placed to fight the threat posed by terror groups. Pakistan is not just lagging behind on this count but seems completely oblivious to the urgent need to put in place the legal framework and implementation mechanisms to control the movement of men, material and money within Pakistan. Furthermore, the government has made no effort to evaluate the multiple contours of our criminal justice system to ensure that it can effectively take cognizance of the crime of terrorism. Pakistan has been infested with extreme violence and terror for more than five years now and we have yet to hear about terrorists being caught, tried and convicted by our courts of law.

If our criminal justice system lacks the ability to punish terrorists, insurgents and criminals, are we not rendering the concept of rule of law meaningless? We have seen Maulvi Abdul Aziz of Lal Masjid walk free despite public knowledge that under his supervision the mosque was turned into an armed fortress, and the Lal-Masjid brigade not only harassed residents and shopkeepers in the neighbourhood but also killed at least five soldiers. Similarly, we continue to hear the demand from India and the US to prosecute Hafiz Saeed, and while the government seems willing to do so, it is unable to bring any formal charges that stick. If Hafiz Saeed is mixed-up in terror plots, he must be prosecuted and convicted. If he is not, his name should be cleared and he should not repeatedly be put under preventive detention merely due to allegations and pressure by foreign countries.

The idea is not to initiate a witch-hunt in the name of law enforcement and eradication of terror, but to make due process of law meaningful and our penal justice system functional. If our justice system does not work, it will either encourage security forces to circumvent due process and indulge in extra-judicial killings or allow criminals and terrorists to go scot-free and remain a menace to society. Given that the terrorists we are fighting are our own people -- even if partly supported and financed by our external enemies -- it is crucial that the state's response to this threat be framed within the realm of law. We are presently failing to apprehend and convict terrorists and criminals because (i) much of our law-enforcement activities and security operations are undertaken beyond the zone of law as our legal framework is deficient in fundamental ways, and (ii) to the extent that laws exist they are not being effectively implemented.

Our legal framework does not adequately cater for the army undertaken security operations within the country. Article 245 of the constitution authorises the armed forces to "act in aid of civil power when called upon to do so". But there is no detailed legislation that delineates the mechanics of how the armed forces will function while acting in aid of civil power, how the forces will arrest and detain people, and how they will gather evidence and facilitate prosecution when the accused are presented before a court.

Sections 4 and 5 of the Anti-Terrorism Act 1997 also provide for armed forces acting in aid of civil power and contemplate that any such operation will be subject to the Code of Criminal Procedure1898. But the armed forces are not trained to carry out internal security operations with a view to apprehending and convicting citizens. For example, during the Swat operation, did the soldiers document recovery of weapons in a manner that would be admissible as evidence in a court of law? Will officers appear before courts as prosecution witnesses? If not, will suspected terrorists not be able to walk free merely because due process formalities have not been followed?

Another huge component of our security infrastructure that functions beyond the realm of law is intelligence agencies. There is no legislation or legal framework that clearly defines the scope of work of our intelligence agencies, the authority that each agency has and effective mechanisms of supervision to ensure that authority vested in the agencies is properly regulated and not abused. This creates a two-tier problem. One is the fear that intelligence agencies have the ability to function as uncontrolled monstrosities and abuse the vast powers not supported by law that they have assumed as a matter of practice.

The second is the limited ability to effectively use the extremely crucial information gathered by these agencies to prosecute criminals because the process through which such information is gathered does not have the backing of law. For example, if there is no legal mechanism to seek permission to wire-tap citizens and record conversations, the utility of such recordings in a court of law remains dubious. The problem needs to be resolved by fixing the structure rather than getting into territory wars over who controls a deformed structure.

Then there are laws such as the Anti-Terrorist Act and the Security of Pakistan Act 1952 that conceive the idea of controlling and suspending activities of proscribed and subversive organisations, but do not take the concept to its logical conclusion. The law does not automatically produce any serious penal consequences for an organization that is declared subversive or proscribed. The state is not obliged to identify the members of such an organisation, prevent them from reorganising themselves under a new banner, prohibit them from purchasing property, renting houses and vehicles, etc.

The deficient legal framework thus makes the exercise of declaring an organisation proscribed or subversive largely meaningless. And finally there are laws that exist on statute books but are just not being enforced. The Explosives Act 1884 is one such law that mandates that the manufacture, possession, use, sale, transport and importation will be subject to government license. If this law was being properly implemented, terrorists would not get their hands on hundreds of kilograms of explosive material at will.

If we intend to control the menace of terror wreaking havoc across Pakistan, we will need to resuscitate traditional law enforcement mechanisms, bring all its components within the realm of law and ensure that our criminal justice system is functional. Without acquiring the ability to exercise effective control over men, material and money within Pakistan, our fire-fighting operations will only have limited utility.

Email: sattar@post.harvard.edu

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Tuesday, 6 October 2009

The missing persons: All but forgotten by our saviour, the Chief Justice of Pakistan?



This site has moved to http://criticalppp.com, click this link if you are not redirected
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Sunday, 4 October 2009

Judiciary in Pakistan: A movement wasted


A movement wasted
By Kunwar Idris
Sunday, 04 Oct, 2009 (Dawn)
Mysteriously silent is Aitzaz Ahsan, who led processions from one end of the country to the other swaying the lawyers with the rhythm of his poetic chants. It seems he now only has his losses to calculate. — Photo by AFP

The lawyers’ movement has given no relief to the people seeking redress, nor has it made the procedure for the appointment of judges any fairer.

This is not just the viewpoint of a sceptical columnist who has felt all along that neither would come about by agitating on the streets.

It is Ali Ahmed Kurd, the lawyer who charmed the rabble and elite alike with his histrionics, now saying mournfully that pharaohs sit in courtrooms while brokers sit at the doors. An expression of collective discontent of the lawyers on the selection of new judges and the recall of old ones came in the boycott of their oath-taking ceremony by the Karachi bar, led by Rasheed Razvi, once himself a judge and a supporter of the movement.

Mysteriously silent is Aitzaz Ahsan, who led processions from one end of the country to the other swaying the lawyers with the rhythm of his poetic chants. It seems he now only has his losses to calculate.

Also silent is Justice Iftikhar Mohammad Chaudhry’s spokesman Athar Minallah who, his passion spent, now broods over it all sitting somewhere else. Both Ahsan and Minallah may be quiet, but I suspect they are no less disillusioned than Kurd and Razvi.

The lawyers in the movement were so carried away by the prospect of humbling a haughty president that they forget that the judiciary could become neither independent nor more responsible only by the reinstatement of a chief justice — howsoever unjustly removed or harshly treated. Institutions are built by slogging over centuries and not by one quick march. The lawyers succeeded in their immediate aim but their campaign has made the judiciary more vulnerable to extraneous pressures than before.

Justice Iftikhar Chaudhry, addressing the lawyers at Jamshoro soon after his reinstatement, spoke of the disposal of every case within six months. The reinstated chief justice of the Lahore High Court, Khawaja Sharif, similarly told the Sheikhupura bar that every ‘reptile’ would be tamed once the biggest among them, meaning Pervez Musharraf, was hauled up. Musharraf is not there now as an obstacle but Justice Sharif can hardly claim that the disposal of cases has become fairer and more expeditious since his departure. This writer has been following the proceedings of two pending cases, one in the high court and the other in a subordinate court. Neither has matured for a meaningful hearing in two years. The assurances of judges have come to mean no better than the promises of politicians.

The chief justice has also been showing anxiety over the conduct and integrity of the judges being called into question. Surely he now realises that the fact of who took oath, when and who administered it was not enough to acclaim or condemn a judge. The legal profession and the people need more demonstrable evidence. The best, though not conclusive, would be their reputation, lifestyle and wealth.

Repeated pleas made to the heads of state and government and the ministers to declare their assets have had no effect. Resultantly, it is left to conjecture or disclosure. Pakistan’s ever sinking rank in the world corruption table demands that the worst culprits among the offending public servants should be identified. The judges of the superior courts, who are expected to be the least tainted of all, could set the precedent by declaring their assets on joining office and later as well. Sadly, they do not seem to be so inclined.

India’s supreme court set an example by advising the judges to put their assets on the website of the court. But it is voluntary. A judge may refuse to do so as some indeed have.

Justice Chaudhry has only plaudits to earn if he were to make it compulsory. In fact he should go a step further and establish a forum where the public and litigants could air their grievances of delay or discrimination. At present they don’t know where to go and run the risk of contempt if they complain too loudly. The propriety of the conduct of judges must not be left to rumours or reports in the media. It should be open to public scrutiny.

The current discourses of the chief justice are all about the superior courts. The concern of the people, on the other hand, is more about delays and corruption in the lower courts. In fact the first and often the last court, so to say, for the common man is the police station. The delay and denial of justice at lower levels is widespread because the work is too much, even for prompt judges to handle.

The thrust of the chief justice’s drive, therefore, should be towards the creation of informal citizens’ courts. It is all too well known that getting involved in the institutional machinery of the state implies harassment and extortion. Courts are no exception and even the chief justice can do nothing about it.

In England most criminal cases and civil disputes — as many as nine out of 10 — are decided by justices of the peace who are all unpaid but respectable citizens. Pakistan’s local government laws, too, contemplate conciliation courts but hardly any were established, and litigants wouldn’t trust them either in a political environment even if they had been set up. Under a judicial umbrella they would. It would be good use of the funds and expertise provided by the Asian Development Bank’s Access to Justice Programme.

Howsoever carefully chosen and well-paid, the judges of superior courts can advance the cause of justice only if they are role models for all public servants. The other day, Chief Justice Chaudhry distributed official cars among the civil judges of Karachi and promised them better pay as well.

It makes me recall a scene from my student days in Lahore when Justice Masud Ahmad came to the high court riding a bicycle and other judges came driving their own cars — particularly striking among them was Pakistan’s then chief justice, A.R. Cornelius, who came in his sports coupe. Times and the judges have since changed, but not the hard reality that justice doesn’t flow from pay and protocol.

kunwaridris@hotmail.com


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Saturday, 3 October 2009

The legal challenge facing Pakistan Army in its war against Taliban and Al Qaeda


The legal challenge
By Ahmer Bilal Soofi
Saturday, 03 Oct, 2009

LET’S reflect on a likely situation during military operations. Take the Rah-i-Rast operation in the north-west as a case in point — military personnel advance to gain control of a compound.

They enter the premises after much carnage and cross-fire to finally take the militants into custody.

The question is: what should now be done with these militants who either surrendered or were arrested while attempting escape? In reality, the number of detained militants must exceed hundreds. Their treatment is likely to pose a serious legal challenge to the government, which so far has not clarified the precise legal and constitutional category of Operation Rah-i-Rast.

Is it simply a ‘law-enforcement’ action or one ‘in aid of civil power’ under Article 245 of the constitution? Or is it to be referred to as an ‘internal disturbance’ in the context of Article 232 that permits the imposition of emergency? In any case, lawful authorisation to conduct the operation must be properly documented, otherwise individual members of the army could face allegations of war crimes or of committing excesses.

Let’s assume that Rah-i-Rast has been undertaken for the cause of civil power. In which case, the fundamental rights of detained militants effectively stand suspended. The detention period of these militants can continue for as long as the operation lasts. From amongst the captured or detained, there may be some who are referred to as ‘enemy aliens’; they are specifically barred from the protection of their fundamental rights under Article 10(9) of the constitution.

The detention of militants during the progress of the conflict would be permissible and legal and under the international law regarding hostilities such a detention is referred to as ‘internment’. The edict relating to internment is still evolving but it permits the retention of captured militants by the armed forces at least until the duration of the conflict. In the ongoing Operation Rah-i-Rast, the captured militants are not regarded as traditional combatants whose status could revert to that of protected civilians on capture. Owing to their terrorist activities and their active support for the Taliban, they are categorised as terrorists by virtue of several UN Security Council resolutions, and there is an obligation to prosecute them.

So how does one proceed to prosecute them? One option is to try them under the Anti-Terrorism Act of 1997(ATA). The problem here would be that anti-terrorist laws may not be applicable to the entire province of NWFP. There are factors such as Pata/Fata distinctions. The added complication is that of the Nizam-i-Adl, which has its own territorial domain and that displaces ATA.

Chunks of territory where Operation Rah-i-Rast is being conducted are outside the jurisdiction of ATA. A militant from these areas must first be detained and then brought into the jurisdiction of ATA. This means that the captured militant must be removed from the ‘scene of crime’ and handed over to law-enforcement agencies for investigation.Here, another set of problems arises: the militant has not been captured by the police, the police had no opportunity to recover weapons or prepare the traditional recovery memo, nor has it inspected the scene of crime. The police are relying heavily on the ‘evidence’ given by the military men who captured him. This means that sooner or later, concerned military people will also need to testify both during the course of the investigation and in court.

With all this, when the prosecution eventually files a challan in court against the detained militant, there will be several weak points in the case that could easily be used by a good defence lawyer. The result would be devastating. The militant could escape conviction or receive a mild sentence or even be out on bail well before the trial concludes. This is the last thing that the government, the military or even locals in the conflict-hit area would like to witness.

The other option is to try these militants under the action in aid of civil power ‘regime’ which permits a different legal treatment of civilians and of captured insurgents. Generally, in various countries, federal laws regulating the conduct of the government during ‘action in aid of civil power’ are enacted. For example, in India there is a comprehensive legislation for ‘actions’ permissible in aid of civil power.

In Pakistan, a 1998 Action in Aid of Civil Power Ordinance has been rendered deficient in many respects due to haphazard amending of acts and ordinances. At this point, the ordinance authorises the establishment of military courts. In view of the Supreme Court’s direction these should be replaced with sessions courts. The preferred option is to replace the present ordinance with a more detailed and comprehensive enactment of the law, regulating and giving lawful authority to ‘action in aid of civil power’.

The only advantage of criminal proceedings under the ‘action in aid of civil power’ regime over the ATA is that the court actually ‘moves’ with the military operation itself. The courts can be set up anywhere, even in conflict zones or areas where Rah-i-Rast is being conducted or even where the militants are captured. These courts are closer to the scene of crime too. Under the aid of civil power regime, these

courts as such have no territorial jurisdiction restriction. However, as mentioned above, the sessions judge may be inducted as presiding officer by amending the law and’ secondly, the requirements of due process and judicial guarantees must be ensured during trial.

It may also be advisable to lay these complex legal questions along with various legal solutions before the Supreme Court and then seek its opinion under Article 186 of the constitution.

The writer is an advocate of the Supreme Court of Pakistan and president of the Research Society of International Law.

ahmersoofi@hotmail.com

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Saturday, 26 September 2009

Restored judiciary brought no change: Kurd


Restored judiciary brought no change: Kurd
Saturday, September 26, 2009
By By Sohail Khan
ISLAMABAD: Supreme Court Bar Association (SCBA) President Ali Ahmad Kurd on Friday said that the restored judiciary had brought no changes in the institution that ultimately disappointed the public at large.

Talking to reporters on the premises of the Supreme Court, he urged the higher

judiciary to strive hard to make the people believe in the judicial system of the country. Ali Ahmed Kurd said that the legal fraternity had waged a war for the restoration of the judiciary and the Constitution and launched a massive movement, and finally it succeeded in restoring the judiciary of November 2, 2007.

However, he said that the restored deposed judiciary brought no changes to the institution. “It was the lawyers’ movement that forced a powerful person of our history to leave the Presidency and the good faith of lawyers made it possible to restore the deposed judiciary,” Kurd said.

The SCBA president said that a large number of litigants visited the Supreme Court but were not provided justice due to which a sense of deprivation and disappointment was prevailing among the masses.

He further said that the Supreme Court should devise a unified system for smooth and rapid processing of applications received from litigants, and they should be intimated at the earliest before their cases are taken up.

http://www.thenews.com.pk/print1.asp?id=200152



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Thursday, 17 September 2009

Militancy and the law


Dawn Editorial
Thursday, 17 Sep, 2009
It is essential that militants be prosecuted successfully and not walk free. —Reuters Photo

ACCORDING to a report in this paper, the government is preparing to amend anti-terrorism laws to eliminate loopholes that may allow terrorists and militants to walk free on technicalities and/or lack of evidence.

Operation Rah-i-Rast in Swat may have been the catalyst for the impending changes, but there is a general problem with the law and its implementation is found wanting when it comes to punishing militants. Undoubtedly there is a social and political element in this debate, for it is demoralising and frightening for the people when the state seems unable to prosecute and punish those involved in terrorism. Yet laws must not be tinkered with in haste and every effort should be made to ensure that changes are thoroughly thought out and well designed. At the moment though it is not clear if the proposed amendments to the Anti-Terrorism Act 1997 meet those criteria.

Firstly, the primary stamping ground of the militants lies outside Pakistan proper in Fata and Pata, areas where the applicability of the 1997 act is not clear. And in the case of Malakand specifically, the latest Nizam-i-Adl regulation may have displaced anti-terrorism laws. Secondly, even if the militants are captured elsewhere and then moved within the jurisdiction of anti-terrorism courts, that very process may create legal loopholes that defence lawyers could exploit. For example, state prosecutors would have to rely on evidence gathered by the security forces in a war zone rather than on police investigators who are trained in such matters. Thirdly, the proposed reversal of the burden of proof, so that militants under trial are presumed guilty and have to prove their innocence, is unlikely to pass muster with the courts. When such ‘special laws’ have been enacted in the past, the courts have found ways to either water down the reversal of the burden of proof or ignore it altogether. This makes sense, for whatever the urgency in seeing that militants are punished there is little doubt that the country’s judicial system does accidentally, and sometimes wilfully, net the innocent.

We suggest therefore that the government seek the input of legal and constitutional experts and thoroughly debate the proposed changes before implementing them. There is also the option of directly referring the matter to the Supreme Court under its advisory jurisdiction set out in Article 186 of the constitution. We remain mindful that in the bigger picture it is essential that militants be prosecuted successfully and not walk free. Whatever the balance that needs to be struck, it must be done sooner rather than later.


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Monday, 14 September 2009

Pakistan's "independent" judiciary fails to punish jihadi and sectarian killers


Fazlullah nearing his end?

One TV channel actually announced Saturday night that the Swat warlord Fazlullah had been captured in a wounded state from his Peochar stronghold in the area. But the official version is not far off the mark: he could be captured any time soon. Former FATA secretary Brigadier Mahmood Shah (retd) in his TV comment hoped that Fazlullah would be punished for what he has done and not be let off on bail, as has been done in the case Maulana Abdul Aziz of Lal Masjid.

Why should someone as important as Mr Shah start fearing that Fazlullah will go free? Yet he is not alone in feeling that, despite our “independent” judiciary. Reports from Multan have been streaming in saying that Lashkar-e-Jhangvi killer Akram Lahori could be about to go free because witnesses against him keep on disappearing mysteriously. Judges are not exempt from threatening calls and, like the khassadars of Khyber, they could be more inclined to believe the terrorists rather than the state of Pakistan.

Briefing a Senate committee, FATA Additional Chief Secretary Habibullah Khan has said something that must upset a lot of people. He said: “There is evidence that the US, Israel and India are involved in nurturing the insurgency in FATA”. Like the evidence against India — which was never handed over to the Indians or shown in Pakistan — this evidence too has to be treated as “emotional” unless it is made public.

Why should America kill Baitullah Mehsud, thus breaking the back of the Taliban insurgency, and yet join India and Israel to conspire against the very country it wants not to succumb to terror? If America is following a strategy of dividing the Taliban in FATA then that should be differentiated from what the FATA officer thinks are acts against Pakistan. The Interior Ministry should seriously be worried about why people think that Pakistan will fail to punish its terrorists. (Daily Times)

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Tuesday, 8 September 2009

Kurd sees no change after restoration of deposed judges


Kurd sees no change after restoration of deposed judges

ISLAMABAD: Nothing has changed since the restoration of the deposed judiciary, Supreme Court Bar Association President Ali Ahmad Kurd said on Monday. Addressing a ceremony held at the Supreme Court to mark the beginning of the new judicial year, he said the same archaic practices were still being followed, adding that the behaviour and attitude of judges was also the same. He said judges had granted leaves in very few petitions and rejected others without proper hearings. staff report

’عدلیہ کی آزادی کے باوجود کچھ نہیں بدلا‘

ججز کیس کو ختم کرنےکو زیادہ اہمیت دے رہے ہوتے ہیں بجائے اس کی کہ انصاف کی فراہمی کی جائے:علی احمد کرد

سپریم کورٹ بار ایسوسی ایشن کے صدر علی احمد کُرد کا کہنا ہے کہ عدلیہ کی آزادی کے باوجود ابھی تک کچھ نہیں بدلا اور حالات اُسی طرح کے ہی ہیں جو نو مارچ سنہ دو ہزار سات سے پہلے تھے۔

علی احمد کرد نے عدالتی سال شروع ہونے کی تقریب سے خطاب کرتے ہوئے کہا کہ ایسا محسوس ہوتا ہے کہ ’فرعونوں‘ کےسامنے پیش ہو رہے ہوتے ہیں جو کیس کو ختم کرنےکو زیادہ اہمیت دے رہے ہوتے ہیں بجائے اس کے کہ انصاف کی فراہمی کی جائے۔

انہوں نے مزید کہا کہ یہی رویہ نو مارچ سنہ دوہزار سات سے قبل اعلٰی عدلیہ کے ججوں سے لےکر مقامی عدالتوں کے ججوں کا تھا۔

واضح رہے کہ سابق ملٹری ڈکٹیٹر جنرل ریٹائرڈ پرویز مشرف نے نو مارچ کو چیف جسٹس افتخار محمد چوہدری کے خلاف سپریم جوڈیشل کونسل میں ریفرنس بھیجا تھا۔

ماتحت عدالتوں کے فیصلوں کے خلاف ایک سو پچاس کے قریب پٹیشنز ریلیف کے لیے دائر کی جاتی ہیں جس میں سے بہت کم کو سول یا فوجداری اپیلوں میں تبدیل کردیا جاتا ہے جبکہ باقی رد کردی جاتی ہیں

علی احمد کرد

یہ پہلی مرتبہ ہے کہ ججوں کی بحالی کی تحریک کی کامیابی کے بعد وکلاء کے کسی سرکردہ رہنما نے کُھل کر ججوں کے رویے کے بارے میں تنقیدی کلمات کہے ہیں۔

علی احمد کُرد نے کہا کہ ججوں کی بحالی کے لیے شروع کی جانے والی تحریک میں نہ صرف وکلاء نے ان کا ساتھ دیا بلکہ سول سوسائٹی اور انسانی حقوق کی تنظیموں نے بھی اس میں بڑھ چڑھ کر حصہ لیا۔

انہوں نے کہا کہ اس تحریک میں وکلاء نے اپنی قیمتی جانوں کے نذرانے بھی پیش کیے۔ سپریم کورٹ بار کے صدر کا کہنا تھا کہ لوگ اُن سے یہی سوال پوچھتے ہیں کہ اس تحریک کی کامیابی کے کیا اثرات سامنے آئے ہیں۔

انہوں نے کہا کہ مشاہدے میں آیا ہے کہ وکلاء نے جو پٹیشنز دائر کی تھیں اُن میں سے بہت کم درخواستوں کو دیوانی یا فوجداری اپیلوں میں تبدیل کیاگیا ہے۔ انہوں نے کہا کہ ماتحت عدالتوں کے فیصلوں کے خلاف ایک سو پچاس کے قریب پٹیشنز ریلیف کےلیے دائر کی جاتی ہیں جس میں سے بہت کم کو سول یا فوجداری اپیلوں میں تبدیل کردیا جاتا ہے جبکہ باقی رد کردی جاتی ہیں۔

علی احمد کُرد کا کہنا تھا کہ وکلاء ذمہ دار افراد ہیں اور کوئی بھی یہ نہیں چاہے گا کہ کوئی ایسی بےمقصد پٹیشن دائر کی جائے جس سے عدالت کا قیمتی وقت ضائع ہو۔ انہوں نے کہا کہ عدالت کا یہ فرض ہے کہ وہ وکلاء کو تحمل کے ساتھ سنے


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Friday, 4 September 2009

Terrorist pro-Taliban ex-MP Shah Abdul Aziz freed by judiciary in Pakistan. Shame on you, pro-Taliban judges!



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Wednesday, 2 September 2009

One Saudi phone call will silence Musharraf trial seekers


Saudis come to Musharraf’s rescue

* King Abdullah calls on Pakistani leadership to abide by agreement
* Any step against former president could affect Pak-Saudi ties, political stability in Pakistan

Daily Times Monitor


LAHORE: The Saudi authorities have formally sent a message to the Pakistani leadership that they want stability in Pakistan, with King Abdullah urging all stakeholders to abide by an agreement that rules out any action against former president Pervez Musharraf, reported a private TV channel on Tuesday.

Saudi royal family sources said that during a meeting between Interior Minister Rehman Malik and the Saudi king, a “clear message” was given to the government that a confrontation between the PPP and the PML-N and any step against Musharraf could affect the country’s political stability.

The channel reported that the Saudi king played the role of a guarantor at the time of Musharraf’s resignation and assured the former president that no action would be taken against him. The king said if a party or an individual backed out of the agreement reached, Pak-Saudi relations would be affected.

Nawaz travels to Saudi Arabia next week to hold meetings with officials, who would “force him to abide by the agreement”, said the sources, adding that the Saudi king wanted to defuse the tensions because he had been told Musharraf was considering making important disclosures about Nawaz and President Asif Ali Zardari in London that included talk of Saudi Arabia as well.

Musharraf – who is currently in Saudi Arabia – met the Saudi intelligence chief, who was an important player in Nawaz’s return to Pakistan, and discussed issues related to his trial.


One Saudi phone call will silence Musharraf trial seekers: Mushahid

LAHORE: Everyone will stop talking of Gen (r) Pervez Musharraf’s trial after receiving one phone call from Saudi Arabia, because the former president left Pakistan after striking a deal with the present government, Pakistan Muslim League-Quaid (PML-Q) Secretary General Mushahid Hussain Sayed said on Tuesday. Speaking in a talk show on a private TV channel, Mushahid said he was against the former president’s trial, adding that the trial was not possible. He said the army was not involved in the present crisis. The present system had no problem from the army or the Inter-Services Intelligence or any so-called secret agencies, he said. He said the leadership should have the courage to make decisions on their own and not wait for calls from British Secretary of State for Foreign Affairs David Miliband or US Special Representative Richard Holbrooke. Pakistan could not afford midterm elections or long marches against the democratic government, the PML-Q leader said. daily times monitor

PML (N) Confused

Nation to demand mid-term polls if Musharraf not tried: Zafar

ISLAMABAD: The nation will demand mid-term elections if the federal government does not try former president Pervez Musharraf under Article 6 of the constitution, Pakistan Muslim League-Nawaz (PML-N) leader Senator Zafar Ali Shah said on Tuesday. Shah criticised the government for not taking action against the former president for abrogating the constitution. He said he would again submit a petition seeking a Supreme Court ruling for the government to initiate criminal proceedings against Musharraf for high treason. Shah said he had prepared the petition after removing the SC objections. To a question, he said he had filed the petition in his personal capacity and his party has nothing to do with it. staff report

PML-N will not support mid-term polls: Hashmi

LAHORE: The Pakistan Muslim League-Nawaz accepts and gives due respect to the mandate of President Asif Zardari and the Pakistan People’s Party and rules out any possibility of mid-term elections, party Senior Vice President Javed Hashmi said on Tuesday. Talking to a private TV channel, Hashmi said Syed Zafar Ali Shah had his personal views over mid-term polls. “We will not support any move for mid-term elections and our party has always given due respect to President Zardari and his party’s mandate,” he added. Hashmi also termed the minus-one formula “the approach of a sick mind”. daily times monitor

‘N’ media team constituted to tackle ‘smear campaign’

* Committee consists of Ahsan Iqbal, Saad Rafiq, Khawaja Asif, Pervez Rashid
* Ahsan says PPP involvement will be exposed soon


LAHORE: Pakistan Muslim League-Nawaz (PML-N) chief Nawaz Sharif has constituted a four-member media team to counter the recent ‘smear campaign’ against the party leadership, Dunya TV reported on Tuesday.

Addressing a party meeting in Raiwind, the PML-N chief announced that the four-member committee would consist of Ahsan Iqbal, Saad Rafiq, Khawaja Asif and Pervez Rashid.

He ordered the committee to counter the allegations levelled against the party leadership in “a tit-for-tat manner”. He said his party would not tolerate any propaganda against its leadership, adding that he would not be a part of any campaign or effort aimed at sabotaging the democratic process in the country.

PPP involvement: PML-N Information Secretary Ahsan Iqbal said the evidence of the involvement of the Pakistan People’s Party (PPP) in character assassination campaign against their leader would soon be produced.

The information secretary told reporters that the PML-N said the smear campaign against his party chief would not be tolerated.

Ahsan said his party wanted to work in accordance with the Charter of Democracy (CoD), adding that “a group” in the PPP “did not care about the CoD”.

He said the PML-N believed in positive politics and welcomed the PPP’s stance on reconciliation. However, if the campaign against the PML-N was not stopped immediately, the PML-N would have to defend itself. daily times monitor/online

We are least bothered: Babar

LAHORE: The president’s spokesman Farhatullah Babar said on Tuesday the Pakistan People’s Party-led government is least bothered whether the PML-N forms a four-member or a 40-member media team to counter the alleged “propaganda campaign” against its leadership, a private TV channel reported. Talking to the channel, Babar said the PPP was a political party and would reply to the PML-N in a democratic manner. He said the party was not running any media cell in the Presidency to malign the PML-N leadership, adding that the PML-N should present evidence if it had any in this regard. Farhatullah Babar said that if the PML-N had any differences with the PPP, they could be resolved through dialogue. daily times monitor

Treat traitors like traitors: Musharraf

LAHORE: Traitors should be treated like traitors, former president Pervez Musharraf said on Tuesday. According to a private television channel, Musharraf said Pakistan’s economy received a boost during his regime and the country’s image was much better. He did not comment on his trial and return to Pakistan. He also attended a dinner hosted by Chaudhry Shahbaz in Riyadh. daily times monitor


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