Wednesday, April 15, 2009

Ansar Abbasi, Shariah Court, Supreme Court and The News International

Mr Ansar Abbasi - Correspondent/Editor Investigations - The News International/Jang Group of Newspapers/GEO TV

Where has gone now the so-called Shariah which Ansar Abbasi was trying to defend while defending Sufi Muhammad, Flogging and Taliban while reciting Quranic Verses of Surah-e-Nur[AL-NOOR (THE LIGHT) Chapter 24 from Quran] and what a fun he was reciting Surah Nur Verses to an Unveiled [BAYPARDAH] GEOTV News READER [I wonder where have gone all the verses of Quran regarding Veil]..

Reaction of Ansar Abbasi about Swat girl flogging

Read the confusion and do read the double talk of Ansar Abbasi. I wonder would he defend his hero CJ or Shariah of Deobandi Taliban - Sufi Muhammad and Tehreek-e-Taliban-e-Pakistan. 3 news articles of The News International in clash with each other, Ansar Abbasi should drag his editor [for writing Anti Shariah, Anti Islam, Anti Taliban and Anti Sufi Muhammad Editorials since the day of flogging] in the Court of Shariah Law for the Balsphemy or should Mr Ansar Abbasi approach Supreme Court for suo moto against Rampant Deobandi Mullah Sufi Muhammad for openly declaring that he doesn't recognize Pakistan's Supreme Court [That is treason] and that's what the newspaper where Mufti Ansar Abbasi is Editor Investigations. Read 3 News article of the same Newspaper - The News International in clash with each other. Ansar Abbasi is saying one, Mullah Sufi Muhammad is on a completely different line and Boss of Ansar Abbasi [as per Ansar Abbasi's tunnel view of Shariah, the editor is almost an apostate and I wonder why dont Ansar Abbasi recite Quran now and give his editor the glad tiding of Jahhannum] the editor is on entirely different lines. Lament...

1 - Govt still in control of Swat By Ansar Abbasi Thursday, April 16, 2009

2 - ‘Qazis’ verdict can’t be challenged in SC’ By our correspondent: Thursday, April 16, 2009 : Sufi says appeals ‘tantamount to betrayal of Islam’

3 - The capitulation continues Thursday, April 16, 2009

1 - Govt still in control of Swat By Ansar Abbasi Thursday, April 16, 2009

ISLAMABAD: The Nizam-e-Adl Regulation (NAR) 2009 envisages no role whatsoever for the Taliban or the Tehrik-e-Nifaz-e-Shariat-e-Mohammadi (TNSM) in the running of the new justice system introduced there.

Contrary to the general perception that Swat has been surrendered to the Taliban and different sects of the religion and minorities would be at the receiving end under the new dispensation, the NAR 2009 clearly protects all Muslim sects and minorities from being tried under laws that do not match their respective faith.

These regulations also undoubtedly declare that Qazis of all the courts would be appointed by the NWFP government and that these judges are required to be “duly appointed judicial officers”. There is an impression amongst many that the Taliban would appoint their choice men as Qazis in Swat and the Malakand division.

The whole justice system revolves around the government-appointed Qazis and Qazi courts or the appellate bodies; the police; civil magistracy; and the complainant/defendant or accused/prosecutor. For out-of-court settlement, the NAR 2009 provides for “musleheen”, who would decide minor cases like a Jirga system but only with the agreement of both the parties.

What, however, the NAR 2009 emphasises is to ensure quick justice and a system where for delays in the disposal of cases not only the Qazis would be questioned but those parties trying to unnecessarily drag the case would be made to pay the cost of the case to the other party as it happens in the western capitals.

The NAR 2009, which is the replica of the regulations agreed in 1994 and 1998 for Swat by Benazir Bhutto and Nawaz Sharif governments, respectively, is not an attempt at imposing one particular Muslim sect’s interpretation of Shariah laws on all.

In the “Definitions” part, the NAR explains: “In the application to the personal law of any Muslim sect, the expression ‘the holy Qura’an and Sunnah’ shall mean the Qura’an and Sunnah-e-Nabvi (PBUH) as interpreted by that sect.

With regard to minorities, the NAR also clarifies that cases of non-Muslims in matters of adoption, divorce, dowry, inheritance, marriage, usage and wills shall be conducted and decided in accordance with their respective personal laws.

About the Qazi, it says, “Qazi” means a duly appointed judicial officer. The new judicial system in Swat would have court of executive magistrates, court of Illaqa Qazi; court of Asía Illaqa Qazi; court of Izafi Zila Qazi and court of Zila Qazi, precisely in the same pattern as we have different tiers of district courts in settled areas. Above these courts, Dar-ul-Qaza, which would be equivalent to high court, and Dar-ul-Dar-ul-Qaza, the apex judicial authority equivalent to the Supreme Court, would be created in the same region.

These Qazis would have same powers as their contemporaries enjoy in regular courts in settled areas but they would be bound to proceed within the limits set by the principles of Shariah. Just like what happens in other parts of Pakistan, the police would submit challan in each criminal case before the relevant Qazi court within 14 days of the lodging of an FIR. In addition, the copy of the FIR would also be provided to the Qazi court within 24 hours of its registration. Police in Swat are also bound to keep the judiciary posted about the progress of its investigations.

The Qazis and magistrates are bound by the NAR to follow established principles of Qura’an and Sunnah and recognised opinions of Fuqaha of Islam. There is no room for the Taliban’s interpretation of Islam or Shariah in these regulations.

To ensure quick justice, the NAR bounds the courts to decide the cases, whether of criminal or civil nature, within a stipulated time period and clearly warned: “No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs in court, which shall not be less than two thousand rupees.”

A period of not more than six month for disposal of civil case, and a period of not more than four months for disposal of criminal case, shall be standard time schedule for both the Qazi and executive magistracy courts. In case of any delay, the Qazi is bound to report the cause and reasons of such delays to Zila Qazi or to the presiding officer of Dar-ul-Qaza as the case may be. Upon examination of causes of delay if the Zila Qazi or presiding officer of Dar-ul-Qaza feels that the delay has been caused due to delaying tactics of a party, it shall impose a cost to be recovered from the defaulter party and direct the court concerned to dispose of the case within an extended period of not more than one month.

If a Qazi or executive magistrate is found responsible for delays, letter of displeasure would be issued to him by his superior authority. And if a Qazi is served with three letters of displeasure in a year, then after providing him the opportunity of being heard may make an entry in his service record. An appeal against the decision of Qazi or magistrate court would be disposed of within 30 days whereas any degree shall be executed within two months.

In case the pending cases in any Qazi or executive magistrate court exceeds more than 200 days, the government would establish a new court to ensure dispensation of justice within prescribed time schedule.

For out-of-court settlement, any civil or criminal case, subject to the mutual consent of the parties, may be referred by a court to Musleh or Musleheen before recording of evidence either on the agreement of the parties regarding the names of such Musleh or Musleheen or in case of their disagreement, to such Musleh or Musleheen whose names appear on the list maintained by the court for such purpose.

The government authorities are presently preparing rules under these regulations, under which each union council/village would constitute a body of elders, Ulema, etc., to be called Musleheen for out-of-court settlement of minor cases or those to be referred by the Qazi court with the consent of all the parties concerned.

Maulana Sufi Mohammad, chief of TNSM Tehreek Nifaz e Shareeat e Muhammadi


2 - ‘Qazis’ verdict can’t be challenged in SC’ Thursday, April 16, 2009 By our Correspondent:

Sufi says appeals ‘tantamount to betrayal of Islam’

BATKHELA/MINGORA: Tanzeem Nifaz Shariat-e-Muhammadi (TNSM) chief Maulana Sufi Muhammad on Wednesday said the Qazi courts would dispose of cases in line with Shariah and their verdicts could not be challenged in the high court or the Supreme Court, but a Darul Qaza would be set up at the divisional level as a final court.

He said Shariah was a system that guaranteed peace and hoped that the Nizam-e-Adl Regulation’s implementation would ensure durable peace in Swat.Addressing a press conference at the Bilal Masjid in the Amandara area of Batkhela, Sufi Muhammad said challenging the Qazi courts’ verdicts in the high court or the Supreme Court of Pakistan would be tantamount to betrayal of Islam.

“The judicial system here (Malakand division) will be different from the rest of the country. Here, all the cases will be settled in the Qazi courts in accordance with Shariah,” he said and added that a Darul Qaza would be set up at the divisional level, so that the people did not have to move the high court or the Supreme Court.

He said once the Darul Qaza was established, Qazis would be installed in Upper Dir, Lower Dir, Buner, Shangla, Malakand Agency, Chitral and Kohistan in the next phase.“With the signing of the Nizam-e-Adl, all the judges in the old judicial system have been made non-functional and now, only those judges having command on Shariah will be appointed,” he said.

Administratively, he claimed, the Darul Qaza would be under the government, but it would have no control on it as far as the judicial affairs were concerned.He said the TNSM public meeting, scheduled for April 19 at Grassy Ground, Mingora, would prove a landmark for the restoration of peace in the valley. He asked the people from across the division to participate in it.

Responding to a question regarding laying down arms by the militants, he said: “Shariah itself guarantees peace.” Lauding efforts by the ANP-led NWFP government, Maulana Sufi Muhammad said the TNSM would extend all-out support to the government to bring back normalcy. “The ANP proved that it is an Islam- and people-friendly force,” he said.

Meanwhile, talking to reporters after a meeting with Sufi Muhammad, Minister for Safron Najmuddin Khan hoped that enforcement of the Nizam-e-Adl would bring durable peace to the Malakand division, particularly Swat.

Being the long-standing demand of the people, the judicial system was implemented and at the moment, all the decisions would be taken in line with Shariah by the authorised Shariah courts. He made it clear that Islam guaranteed women’s rights.

Backing Sufi Muhammad’s assertion, NWFP Information Minister Mian Iftikhar Hussain, who was also in the town to meet the TNSM chief, said the Qazi courts’ decision could only be challenged in the Darul Qaza.

He urged people from all segments of society to extend their support for the implementation of the regulation. He hoped for the return of tranquillity to Swat.Iftikhar claimed to have categorically told Sufi Muhammad that after the enforcement of the Nizam-e-Adl, those who would continue brandishing guns would be considered rebels.

Meanwhile, unidentified assailants took away 643 tola of gold at gunpoint from a bank manager, who was shifting it from the Chuperial area of Matta to the National Bank of Pakistan in the district headquarters, Mingora.

3 - The capitulation continues Thursday, April 16, 2009

Within hours of the signing of the Nizam-e-Adl regulation, TNSM chief Sufi Muhammad Khan has claimed its provisions grant militants immunity against prosecution for crimes they have committed. This means that murderers, rapists and torturers – such as those who flogged a hapless woman on the streets – will get away scot-free. It is hard to know if the government agrees with the militant interpretation of the new law; an NWFP minister, when asked, declined to comment – but given that we saw what amounts to complete capitulation by the National Assembly as it recommended that the law be signed, it is not hard to believe that this stance by the militants will be greeted only with the silent acceptance of the defeated.

The spineless display by the provincial government and parliament means the militants are more confident than ever. They have stated they will be ‘touring’ districts of Malakand and neighbouring Buner to ensure peace is kept. This is rather ominous given that the militants have so far brought with them nothing but violence and suffering. The ban placed on the display of arms in public means nothing, given that this can of course be ended at any time. There has been no mention of de-weaponisation or a surrender of guns, which could perhaps bring longer-term peace in the area. We must see if the government makes any effort to respond to Sufi’s claims or whether it is too scared of the militant might to do even this. When finalising its policy, it must also consider what impact the imposition of the militant-dictated law in Swat is having on people. Within the country there has been a wave of despondency, with many fearing the caving-in we have seen in Malakand could be a first step in a more strident charge by militants out to seize the country as a whole. Some have already threatened to march on Islamabad.

The demoralization and de-motivation we see everywhere as many of us feel that their government cannot and will not protect them can have only a negative effect. The insistence by the PPP that it is a ‘liberal’ party now has even less meaning than before. In the eyes of the international community, the events of the past few days prove Pakistan is, on its own, not able to stand up to the terrorists. At a time when we need support from the world in the form of both investment and encouragement, this is not the message the world should get from us. The latest talk of immunity from the TNSM chief prove the militants now speak from the mighty pedestal of power, while the rest of us cower below. They will use this power, as they have done before, to crush ordinary people – particularly the most helpless. A failure to punish those guilty of crime will only encourage others to follow similar courses of action and this could spell disaster for the state of Pakistan.

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