General Musharraf's Bureaucracy under PCOed Judiciary.

ISLAMABAD: The Supreme Court struck down on Wednesday Prime Minister Yousuf Raza Gilani’s order of promoting 54 bureaucrats to grade 22 and said that the discretion exercised by the prime minister was not in consonance with the well-known principles of fair play and good governance. “Petitions are accepted, as a consequence whereof notifications (of promoting civil servants) are declared having been passed without taking into consideration merits amongst officers promoted from BS-21 to BS-22,” said the verdict announced by a bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Chaudhry Ijaz Ahmed and Justice Ghulam Rabbani. The court noted that the establishment secretary had sent the file before the competent authority for promotions to BS-22 without any forwarding letter showing that cases of all the 267 eligible officers had not been sent in terms of the rules of business. Therefore, the possibility could not be ruled out that the petitioners and their colleagues who were not promoted faced prejudice on account of the files not having been sent in accordance with past practice, it said. “Good governance is largely dependent upon the upright, honest and strong bureaucracy particularly in written constitution wherein important role of implementation has been assigned to the bureaucracy,” the verdict said. “The purity of administration to a large extent depends on the purity of the services. Such purity can be obtained only if promotions are made on merit without showing any favouritism or nepotism. It is a time-tested, recognised fact that an institution is destroyed if promotions/appointments are made in violation of law. It will die automatically.” It said: “The manner in which the instant promotions in the civil services were made could adversely affect the existence of this organ.” The court observed that honesty, efficiency and incorruptibility were the sterling qualities in all fields of life, including the administration and services. “This criterion seems to have been completely ignored in the instant case,” it said. REFERENCES: SC verdict rocks PM’s bureaucracy By Nasir Iqbal Thursday, 29 Apr, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/04-sc-strikes-down-pm-order-fed-secs-02 Govt in defiance mode! By Khawar Ghumman Thursday, 29 Apr, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/govt-in-defiance-mode-940

LETS HAVE A QUICK GLANCE OF THE PAST WHEN THE SAME SANCTIMONIOUS JUDICIARY ALLOWED WORST KIND OF VIOLATION TO GENERAL MUSHARRAF'S MILITARY REGIME REGARDING THE BUREAUCRACY.

B. MILITARISING THE CIVIL SERVICES - Musharraf’s nine-year rule also saw a dramatic rise in military interference in the civil bureaucracy. Shortly after assuming power, Musharraf appointed army monitoring teams to supervise civil administration at all levels – from the sub-division and district to federal and provincial departments. “In what was perhaps the most humiliating exercise that the civil bureaucracy was ever subjected to in Pakistan’s history, junior military officers of the rank of major and even captain supervised and evaluated the performance of senior civil servants”, said a former federal secretary, adding that, “as a result, morale in the bureaucracy plummeted”. The appointment of 3,500 serving and retired military personnel to these monitoring teams, ostensibly in the name of reduc-ing corruption, increasing accountability and monitoring governance, instead led to a blatant abuse of authority. Military officials were also appointed to key civilian posts, including the chairmanship of the Federal Public Service Commission (FPSC), which is responsible for recruitment of the federal bureaucracy. Military officers, some serving but mostly retired, were appointed heads of a large number of civilian organisations, many of which required technical expertise, such as the chief executive of the Alternative Energy Development Board; chairman of Pakistan Steel Mill; and chairman of the Pakistan Telecommunication Authority. Virtually every aspect of the civil bureaucracy’s functioning, from recruitment and early, mid-career and senior level training to postings and promotions, was placed in the hands of military personnel. In 2002, the Pakistan Administrative Staff College, the country’s main training institution for senior civil servants, was transformed into the National School of Public Policy (NSPP), and headed by a retired lieutenant general. In 2006, a retired major general was appointed director-general of the Civil Services Academy, which trains fresh recruits to Pakistan’s premier civil services. While the present government has replaced the major general with a civilian bureaucrat as director general of the Civil Services Academy, it has retained Musharraf’s appointee as head of the NSPP. “There can be no justification whatsoever for placing military officers in charge of civil service training institutions”, said a recently recruited civil servant. “If it is unthinkable for a civilian to be entrusted the task of running the Pakistan Military Academy or the National Defence University, then it should be similarly inconceivable for military men to be made responsible for framing this country’s public policy or for training its civil bureaucracy”.72 Added a former chief secretary: “Why should a retired general, with no experience of civil administration, be allowed not only to recruit civil servants but also to decide whether they are to be promoted or not? Can you imagine the army ever agreeing to federal secretaries presiding over its own promotion boards?” REFERENCE: B. MILITARISING THE CIVIL SERVICES - Reforming Pakistan's Civil Service Asia Report N°18516 Feb 2010 EXECUTIVE SUMMARY AND RECOMMENDATIONS http://www.crisisgroup.org/en/regions/asia/south-asia/pakistan/185-reforming-pakistans-civil-service.aspx

NOTE: The note below was compiled during Musharraf's Tenure in 2005 and present Sanctimonious Judiciary was very much there and without any Suo Moto Notice!

This is with reference to World Bank and IMF sent mandarins working in our midst i.e. Pakistan State Bank Governor Dr. Ishrat Hussain and Prime Minister Shaukat Aziz as both of them have been beating the drum of Good Governance, Transparency, Monetary Discipline, Growth Rate and Trickled Down Theory since last five years as of now the Karachi Stock Exchange is crashed, Inflation is again up, Foreign Debt is on a rise, Fuel Prices are rising on routine basis, Gas Prices are on a constant rise on the orders of World Bank, 45% of population are below poverty line, Electricity Tariffs raised 25 times since 12 Oct 1999, Wheat/Sugar/Lentils and other such commodities are out of reach of those who are poor {they all must die or commit suicide}. Above all the National Unity can be seen only on National Day on the State Managed Floats and Tableau presenting Folk Dances in Traditional dresses otherwise it is no more there. But for Mr. Musharraf, Army and Shaukat Aziz, Pakistan is on the path of prospertiy. No Sir, only Generals and Army Officers are on the path of Prosperity.

INTRODUCTION:

As per State Bank of Pakistan second quarterly report 2004-05 on economic performance released last week. The overall unemployment rate in the province has increased from 5.2 per cent in 01-02 to 5.97 per cent in 03-04. The rise in joblessness rate is much more pronounced in rural areas where it grew by 1.15 per cent to 4.38 per cent in 03-04 from 3.23 per cent in 01-02. In urban areas, the comparative unemployment increased by 0.47 per cent to 7.56 per cent from 7.09 per cent. In sharp contrast, the national employment scene has somewhat improved by 0.6 per cent as jobless rate dropped down from 8.3 per cent in 2001-02 to 7.7 per cent in 02-03. This improvement has mainly come from Punjab where employment opportunities increased by about 1.15 per cent. A big majority of the new 2.9 million jobs were created in Punjab. Despite an increase of 1.8 million in the overall national labour force, there were enough job opportunities to absorb the additional labour force and employ from the pool of carry-overs. There are reasons to believe that the labour continues to migrate from Punjab and NWFP into Sindh. This provincial migration aggravates employment situation in Sindh and is resulting in transfer of resources. Out of an estimated 40 million population, six per cent or a huge army of two million are jobless. They are roaming in the cities and villages in search of jobs. At least a quarter of this unemployed force-half a million-is educated and many of them are graduates, post graduates, technicians, engineers and professionals trained in accounting and management. Sindh boasts of 49 per cent urbanization and 54 per cent literacy in the urban areas.

Almost $6 billion (Rs 360 billion at the rate of Rs 60 a dollar) industrial investment is said to have been made in Pakistan during last five years, as evident by the increasing import of machinery and raw material every year. Investment flows have apparently not reached Sindh's industrial estates. The report quotes an official survey which reveals a drop of 2.5 per cent in industrial employment from July 2001 to March 2002 in the province. Industrial production growth during this nine month period was only 0.3 per cent. Persisting drought, crippling tax structure imposed under the influence of World Bank and the IMF, fluctuations in exchange value of rupee, breakdown of infra- structure facilities and growing lawlessness were blamed for the closure of industries. Located at the extreme end of Indus Basin, Sindh suffers from a geographical disadvantage. It gets plentiful water when there is no need and suffers water scarcity when crops are being planted or are growing and need water. It has only one source of water and that is Indus River. Three barrages are now more than 40 years old and are in a state of extreme disrepair. During the period 2000 to 2002 the share of Sindh's river water was cut down drastically in four seasons. In the year 2003, heavy rains and floods devastated crops, livestock and property. Reduction in river water flows has led to sea intrusion in Badin and Thatta where over 1.2 million acres of farmland is now totally submerged under sea waters. A rough estimate puts Sindh's agricultural losses in last four years at Rs42 billion. While Sindh suffered heavy losses from a cut in river water share, and was forced to cut down its cultivated area, the cropped area in Punjab increased substantially. This is the reason for a drop in rural unemployment in Punjab but a rise in Sindh.

While an over centralised and insensitive establishment at Islamabad cannot be absolved of the rut that has set in Sindh, the land-holding structure in the rural areas of the province and the quality of political leadership from both urban and rural areas are also equally to be blamed.

"Sindh has the highest incidence of absolute land less ness'' discloses the Annual Review Report for the year 2004 by the Social Policy and Development Centre SPDC). It says that 62 per cent or nearly two million rural households in rural Sindh are absolute land less. Hardly 26 per cent or about 700,000 rural households have the share of land ownership which is the lowest in Pakistan. Sindh has the highest percentage of farm holdings of over 100 acres and such farms are 15 per cent of the farm area.

The SPDC report entitled 'Combating Poverty: Is Growth Sufficient' makes it clear that the concentration of land holding in the hands of land owning elites leads to control over other rural markets as well. This happens, the report explains "because of the interlocking nature of transactions in the rural markets for land, labour, agricultural inputs, credit, output and the commodity markets''. The monopolistic control that such interlocking provides to the landed elite generally results in the capture of public resources thus compounding poverty. Jehangir Tareen, a federal industries and productions minister who is also a progressive farmer prepared a detailed report for the State Bank of Pakistan to point out how the big landlords hijack the bank loans for farms. A vast majority of small farmers depend on the big farmers to give them credit on 100 per cent and even higher rate of interest. In Sindh, the majority of the legislators come from the elite big farmers who own among themselves 15 per cent of the provincial agricultural land but encroach upon big tracts of state farms. The kutcha area between the two banks of river Indus is their popular hunting ground. There is no clear demarcation of farms in kutcha area. This is considered to be the most fertile area. All big landlords have their illegal farms in this area and they construct their comfort homes. These also serve as sanctuaries for the criminals and a prison for those who are abducted for ransom.

As far back as 1992 and 1993, the late Chief of Staff General Asif Janjua made an attempt to demarcate the kutcha area with plans to construct police stations, schools, dispensaries and health units. But the big feudals came out ferociously against such an attempt and the plans were dropped. Political leadership from elite farmer families remain oblivious of the needs of the people. They are in the government and are in the opposition. Their main interest is to get a share in the public sector development funds. Pakistan Peoples Party can rightly claim to have taken a big initiative in introducing third generation of land reforms and introducing tax on agricultural income. Late Zulfikar Ali Bhutto announced land reforms and imposition of tax on agricultural income in 1977. It was made part of 1977 budget. But before the land reforms could be implemented, General Ziaul Haq took over and the first act he did was to repeal land reforms and tax on agriculture without making any formal announcement. He won over the loyalty of all big feudals. The same feudals and their children are again with the government. If they are in the opposition they have the same attitude. The PPP leaders now feel shy of discussing the land reforms. With such a stranglehold of the feudals in the province, social justice, poverty alleviation and jobs for all remains an illusion. {1}

CORPORATE INTEREST.

With the formation of the all-powerful National Security Council, Musharraf has enshrined in the constitution a permanent political role for the military and it is crucial for him to have those officers by his side who will fully subscribe to his views and policies. "Musharraf has ensured that he and military will continue to call the shots and maintain firm control on the levers of power. "Musharraf's strategy is to maintain a fa?ade of democracy and to retain control for himself and for the army,?. Five years of Musharraf's rule has enabled the military to spread out so widely in civilian institutions of state and society, that its presence is now firmly established in all walks of life. "The military under General Musharraf has undergone a major transformation, particularly in the outlook of the top commanders. They are no longer satisfied with the protection and advancement of their professional and corporate interests from the sidelines," says Hasan Askari Rizvi, a leading defence and security analyst. The presence of the military is invasive. It has extended its role in the public and private sectors, industry, business, agriculture, education and communication. Like other states where the military has experienced long periods of military rule, in Pakistan too the military has become the ladder for lucrative jobs. Since coming to power, the Musharraf government has placed some 1200 active and retired officers in various ministries and state corporations. Retired generals are now serving as vice chancellors of the Punjab and Peshawar universities. The situation has not changed after the installation of a civilian government, and the private sector is encouraged to accommodate army personnel. Most analysts agree that assigning military personnel into lucrative civilian jobs, coupled with the distribution of the rewards of power, has far reaching political consequences and carries a long term impact on the military's professionalism. "The military has expanded its non-professional interest to such an extent that it has developed stakes in most areas of policy making and management," says Rizvi.

Military rule has also helped consolidate the socio-economic conditions of officers through the perks that come with power. The military controls five foundations that are among Pakistan's largest business groups. They run banks, insurance companies and major industries such as fertiliser and cement. They even own agricultural farms, dairies and gas stations. The military's burgeoning industrial and business empire is indicative of its growing stake in the economy. Several military welfare organisations like, Fauji Foundation, the Army Welfare Trust and Shaheen and Bahria Foundations, have become large industrial and business conglomerates. They are involved in varied business and commercial activities that include banking, running universities and schools in the private sector, real estate development and trading. Fauji Foundation, the largest, is now trying to acquire Pakistan State Oil ( PSO) and Ufone. The privatisation of PSO, that controls more than 70 per cent of the oil distribution business in the country, has been delayed to allow the organisation to search for a partner. The acquisition of these two companies with assets of more than one billion dollars may turn Fauji Foundation into Pakistan's biggest industrial conglomerate. The military's land grabbing for the establishment of Defence Societies in Pakistan's main cities has been scandalous. In Lahore alone the military has acquired more than 100 miles of land , extending from the new phase six, starting from Burki road to the BRB canal and across. According to a leading Pakistani economist, the value of this land alone is estimated at billions of dollars. This figure is multiplied manifold if land controlled by the military in other cities like Karachi is included. According to one estimate, around 35 per cent of Karachi's prime land comes under the cantonment board. The military says they acquire the land at market prices, but the evidence contradicts the claim. " It is a institutionalised corruption," says Lt General (retd) Talat Masood. Musharraf's decision to hold on to his post and perpetuate the military's primacy is bound to strengthen the military's growing economic interests. With the political and economic stakes so high, the military is unlikely to relinquish their privileged position even after the restoration of civilian and constitutional rule. The more the military entrenches itself in non-professional fields, the less freedom political governments will be allowed in formulating domestic and foreign policies. {2}

WHAT IS ?NATIONAL SECURITY OR INTEREST??

Public schools here are little more than warehouses, grim concrete shells lacking libraries, sports facilities, sometimes even teachers. Classes have as many as 60 students. But the children of Pakistani military officers almost certainly are not among them. For them, there is Army Public School O Levels. Geared toward preparation for the competitive O Level exams required by British universities, the handsome school is an educational showpiece whose computer, physics and biology labs would not seem out of place in an American suburb. Teachers make three times as much money as their public school counterparts. The officer class in Pakistan has always had a strong sense of entitlement stemming from its dominant role in defending the country and in running it, directly or from behind the scenes, for most of Pakistan's 55-year history. As the military's accumulation of lavish perks, and its growing encroachment on civilian institutions and the economy, cause many Pakistanis to ask whether uniformed leaders -- like the corrupt politicians they replaced -- are confusing the national interest with their own. Why else, they wonder, would officers' children at the seven-year-old army school enjoy basketball courts, fields for cricket and soccer, even a petting zoo stocked with ducks and deer. "The army considers itself a privileged class," Khayyam Durrani, a retired officer who is principal of the school, said with a smile. "The fact is that the actual rulers in Pakistani society are the army people, so they want their children to go to a privileged institution."

Critics go a step further, accusing the military of deliberately stoking tensions with India, particularly over Kashmir, to justify its hold on resources and power. "Peace would be a disaster for the military," said Pervez Hoodbhoy, an anti-nuclear activist and MIT-trained physicist who teaches at Quaid-i-Azam University in Islamabad. There is no denying the military's dominant role in Pakistan. The military owns the best farmland and several of the largest industrial conglomerates. Retired or active-duty military officers run the ports, postal service, electric utilities, sports federations, telecommunications authority, culture ministry, mineral development agency, anti-drug police, railroads, civil aviation authority, national shipping company and Pakistan's biggest steel mill. They hold top administrative posts at the best universities. Many ambassadors are retired officers. While Musharraf has vowed to restore "real democracy," he also has tried to institutionalize the army's role in politics with recent constitutional amendments that he says do not need parliamentary approval. One of them creates a new National Security Council to oversee parliament. The council, chaired by Musharraf, will include the military service chiefs as well as the chief ministers of Pakistan's four provinces. Another amendment gives Musharraf the power to dissolve the assembly.

The military's primacy is reflected in the national budget, about 22 percent of which goes for defense, compared with 16 percent in the United States and 15 percent in India, according to the CIA World Factbook. The high proportion of defense spending has come at the expense of social programs in this impoverished nation of 147 million, which spends 42 percent less per capita on health care than other countries at the same income level, according to the World Bank. Whatever the hazards faced by Pakistani officers, they also inhabit a kind of parallel universe that insulates them from the hardships endured by other Pakistanis. Many live with their families in manicured, colonial-era "cantonments" with good schools, well-maintained roads and reliable power and water supplies. One of the fanciest clubs in Karachi is the Defense Housing Authority County and Golf Club, a sparkling new facility with lush fairways, a two-story driving range and a gracious stone clubhouse overlooking an inlet of the Arabian Sea. Active-duty military personnel can join the club for an initiation fee of $16, compared with $9,166 for civilians, according to the club's fee schedule. Under an arcane point-based system that dates to the British Raj, the military also rewards its senior officers by allowing them to purchase agricultural and urban land from the army's vast inventory of real estate at prices far below market value. A number of these properties are grouped into "defense societies" in tony suburbs of Karachi and other major cities. The societies are administered by the Defense Housing Authority, which ensures the provision of municipal services. Officers who acquire such land often develop it as rental property or sell it for hefty profits.

One of Pakistan's most coveted addresses, for example, is the blandly named Army Housing Scheme II, which is built on the site of an old antiaircraft battery in the upscale Karachi suburb of Clifton. A gated community protected by paramilitary troops, the development consists of spacious, Mediterranean-style villas grouped around a playground and an elaborately landscaped Japanese-style garden. Nearby are clothing boutiques, jewelry stores, restaurants and a yoga studio. Property owners in the neighborhood include several army corps commanders, Interior Minister Moeenuddin Haider, a retired general and Musharraf, who rents his large stone house to a German business executive and his wife for $1,416 per month, according to a local real estate agent. Musharraf owns seven pieces of property in all, including six residential plots and a piece of agricultural land, according to the asset list he disclosed shortly after seizing power.

Individual perks aside, the military presides over a network of businesses and industry that ensures it a dominant role in the economy. In the 1980s, for example, the military government of Gen. Mohammed Zia ul-Haq set up the National Logistics Cell, which ferried supplies to Islamic rebels fighting to oust Soviet forces from Afghanistan. The organization is now the largest freight company in Pakistan, grabbing business from railroads and private trucking firms, according to Hasan Askari Rizvi, an academic and author who has written widely on the Pakistani military. In a similar vein, the military after independence established several charitable foundations to look after the welfare of retirees. They have since grown into huge business empires. The army's Fauji Foundation, for example, is Pakistan's largest industrial conglomerate with assets of $133 million in 1996, including sugar and cereal mills, cement plants, fertilizer factories and a power project, according to Rizvi.

Installing men in uniform in civilian businesses and institutions did not begin with Musharraf. In 1980, Zia established a 10 percent quota for military personnel in civilian government jobs. But Musharraf, by all accounts, has taken the process further than his uniformed predecessors, dispatching military "monitoring teams" to key civilian agencies and replacing top officials with senior officers. He contends that corrupt and incompetent management by civilians left him little choice. Durrani, the principal of Karachi's army school, acknowledged that he is troubled by the military's gradual encroachment on civilian institutions. At the same time, however, he has big plans for the school, including a new auditorium and perhaps even a swimming pool. "I just have to convince the general," he said, referring to the school's chairman. "If the general wants to arrange for funds, he can." {3}

JOBLESS CIVILIANS ?MUST? COMMIT MASS SUICIDE!

The armed forces personnel heading the departments under the administrative control of the Cabinet Division exceed the 10 per cent quota of the defence personnel in the civil services , record placed before the National Assembly recently revealed. The record, placed before the house in response to a question by MNA Dr Abul Khair Muhammad Zubair, showed that seven of the 15 departments and organizations under the administrative control of the cabinet division were headed by retired generals and air marshals, some of them holding only graduation or honorary masters degrees. In contrast to the qualifications held by the retired armed forces officials, the educational qualifications of the civilians were either from abroad or they had specialisation in the relevant field. However, the only exception in civilian appointments was a BA degree holder, Muhammad Riazuddin, appointed as head of the stationary and forms Karachi.

Following are the names of the officials heading the departments under the administrative control of the cabinet division:

Chairman of Federal Land Commission Maj-Gen (retired) Inayatullah Khan Niazi (MSc), Chairman of National Electric Power Regulatory Authority, Lt-Gen (retired) Saeeduz Zaman (MSc Hons), Chairman of Alternate Energy Development Board Air Marshal (retired) Shahid Hamid (BSc Engineering), Executive Director of Frequency Allocation Board Brig Iftikhar Ali (MSc Electrical Engineering), Chairman of National Accountability Bureau Lt-Gen Munir Hafeez (MSc War Studies), Additional Director-General of Department of Communications Security Brig Riaz Arshad (MSc War Studies), Chairman of Pakistan Telecommunication Authority Maj-Gen (retired) Shahzada Alam Malik (BE Telecom and MSc War Studies).

Just compare the degree civilians hold:

Controller of Stationary and Forms Muhammad Riazuddin (BA), Chairman of Sheikh Zayed Hospital Prof Anwar Khan (MMBS, FACP, FACG etc), Director-General of National Archives Raja Muhammad Ikramul Haq (Msc, MPA from US); Chairman of National Language Authority Prof Fateh Muhammad Malik (MA Urdu gold medalist), Managing Director of Printing Corporation of Pakistan Nawaz Ahmed Sheikh (MA Economics, MA Development and Administration), Chairman of National Commission for Human Development Dr Nasim Ashraf (MBBS), Chairman of Oil and Gas Regulatory Authority Muhammad Munir (MSc Petroleum Geology), Chairman of Abandoned Properties Organisation Azam Rathore (MA, LLB, MDS from Holland).

There can be numerous reasons why the Pakistan Army Generals would not transfer power to the elected representatives of the people of Pakistan. But one very obvious reason is the civilian positions of authority now under their clutches. Thousands of others in lesser positions, who have been inducted under a quota system, have not yet been counted. But their presence makes it clear what stakes the army has developed in controlling the political system of the country. The corporate face of the army also enjoys the full facilities and backing of the army establishment, whether their businesses run into profits or losses. The key positions identified are given under:

General Pervez Musharraf (President, Chief executive, Defence Minister, Army Chief and Chairman of National Security Council);(The COAS slot has been included here just to show the hats Gen. Musharraf wears. This job will naturally remain with the Army).

Major General (Retd) Muhammad Anwar (President of Azad Kashmir);

Lt Gen (Retd) Khalid Maqbool (Governor Punjab);

Commander Khalil (Governor NWFP);

Lt General (Retd) Javed Ashraf Qazi (Federal Education Minister);

Col (Retd) S.K. Tressler (Federal Minorities & Culture Minister);

Lt Gen. Hamid Javed (Chief Executive?s Chief of Staff);

Lt General Muneer Hafeez (Chief of NAB);

Major General Usman Shah (Deputy Chief of NAB);

Major General Shujaat Zameer (Deputy Chief of NAB);

Major General Abdul Jabbar Bhatti (Chief, Regional Accountability Bureau, RAB,Punjab);

Air Vice Marshal Zakaullah (Chief of RAB NWFP);

Major General Tariq Bashir (Chief of RAB Sindh);

Major General Owais Mushtaq (Chief of RAB Balochistan);

Lt General (Retd) Hamid Nawaz (Secretary Defence);

Air Marshal (Retd) Zahid Anees (Secretary Defence Production);

Lt General (Retd) Saeedul Zafar (Secretary Railways);

Major General (Retd) Fazal Ghafoor (Ambassador to North Korea);

Brigadier (Retd) Abdul Majeed Khan (Ambassador to Tajikistan);

Major General (Retd) Salimullah (Ambassador to UAE);

Major General (Retd) Muhammad Hassan Aqeel (Ambassador to Thailand);

Lt General (Retd) Asad Durrani (Ambassador to Saudi Arabia);

Vice Admiral (Retd) Shamoon Aslam Khan (Ambassador to Ukraine);

Air Marshal (Retd) Najeeb Akhtar (Ambassador to Brazil);

Major General Syed Mustafa Anwar Hussain (Ambassador to Indonesia);

Lt General (Retd) Muhammad Shafeeq (Ambassador to Bahrain);

Major General (Retd) Agha Masood Hassan (DG of Postal Services);

Major General Farrukh Javed (Chairman National Highway Authority);

Rear Admiral Ahmad Hayat (Chairman Karachi Port Trust);

Rear Admiral Sikandar Viqar Naqvi (Chairman Port Qasim Authority);

Vice Admiral Tauqir Hussain Naqvi (Chairman National Shipping Corporation);

Major General (Retd) Muhammad Hassan (Chief of National Fertilizer Corporation);

A Lt. General (Chairman Pakistan Steel Mills);

Lt Colonel (Retd) Akbar Hussain (Export Processing Zone Authority);

Major General Shehzad Alam Malik (Chairman Pakistan Telecommunications Authority);

Air Vice Marshal Azhar Masood (Chairman National Telecommunications Authority);

Brigadier (Retd) Muhammad Saleem (Chairman NADRA);

Brigadier Mirza Babar Aziz (DG NADRA);

Brigadier (Retd) Muhammad Anwar Khan (DG NADRA NWFP);

Major General Raza Hussain (Chairman SUPARCO);

Major General Sabihuddin Bokhari (Surveyor General of Pakistan);

Brigadier Javed Iqbal Cheema (DG National Crisis Management Cell);

Air Marshal (Retd) Shafeeq Haider (Chairman Federal Public Service Commission);

Lt General Arshad Hussain (Member Federal Public Service Commission);

Lt General (Retd) Jehangir Nasrullah (Chairman Punjab Public Service Commission);

Major General (Retd) Arshad Chaudhry (Member Punjab Public Service Commission);

Major General (Retd) Arshadullah Tarar (Member Punjab Public Service Commission);

Air Vice Marshal (Retd) Aliuddin (DG Civil Aviation Authority);

Air Vice Marshal (Retd) Arshad Saleem (Deputy DG Civil Aviation Authority);

Major General Zafar Abbas (DG Anti-Narcotics Force);

Major General Syed Haider Javed (DG National Logistics Cell);

Major General (Retd) Inayatullah Khan Niazi (DG Auqaf);

Major General Pervez Akmal (MD OGDC);

Brigadier (Retd) Rizvan Ashraf (General Manager OGDC);

Brigadier (Retd) Ishtiaq Ali Khan (MD Pakistan Mineral Development Authority);

Major General (Retd) Hamid Hassan Butt (Chairman Pakistan Railways);

Lt General (Retd) Syed Shujaat Ali Khan (Rector Engineering University Lahore);

Lt General (Retd) Arshad Mehmood (Vice Chancellor Punjab University);

Air Vice Marshal (Retd) Sardar Khan (Vice Chancellor Engineering University Peshawar);

Captain (Retd) U.A.G. Isani (Vice Chancellor Islamabad University);

Lt General (Retd) Sardar Ali (DG National Institute of Public Administration);

Brigadier (Retd) Maqsoodul Hassan (DG Directorate of Education);

Brigadier Muhammad Ejaz (Home Secretary Punjab);

Brigadier Abdur Rehman (Director Health NWFP);

Brigadier Shadab (Secretary C&W Punjab)

Brigadier Anees (Chairman Punjab Privatisation Commission);

Colonel (Retd) Shahid Qureshi (DIG Sindh Telecommunications);

Colonel (Retd) Ghulam Hussain (Secretary S&GAD NWFP);

Brigadier Mukhtar (Home Secretary, Sindh);

Brigadier Zaheer Qadri (DG, KDA, Sindh and not Secretary C&W NWFP);

Brigadier (Retd) Akhtar (Secretary to Governor Sindh);

Major General (Retd) Imtiaz (Chairman Pakistan Athletics Federation);

Brigadier Saulat Abbas (DG Pakistan Sports Board).

Brig. Khalid Javed, DG Projects Directorate, NADRA, Islamabad

Col Talmeez Abbas, DG Dataware Housing, NADRA, Islamabad

Maj Tahir M. Alvi DDG, Project Directorate, NADRA, Islambad

Brig Safdar Husain Awan is the Secy (C&W) NWFP

Brig Qadri is DG KDA;

Brig Mohtarim is Home Secretary Sindh

Major General (Retd) Hashmi, Registrar, Pakistan Engineering Council;

Major General (Retd) Anis Bajwa, Chairman PTDC;

Major Genera (Retd) Asif Riaz Bokhari, NRB;

Brig Muhammad Toseef Uz Zaman Khan, Civil Aviation Authority;

Brig Saeed Ahmed Malik, WAPDA Head Qtrs Lahore;

Brig Muhammad Iqbal, WAPDA HQ Lahore;

Brig Mushtaq Ahmed, WAPDA HQ, Lahore;

Brig Khalid Sohail Cheema, DG Pak PWD;

Brig Shamshad Khan, GM NWFP NHA;

Brig (Retd) Zareen Khan, Project Incharge Ghazi Brotha WAPDA;

Brig (Retd) Mukhtar Ahmed Tariq, GM Admin OGDC;

Brig (Retd) Muhammad Hamayoun Khan, GM Procurement OGDC;

Brig (Retd) Sardar Javed Ashraf, MD KW&SB;

Brig (Retd) Nisar, IG Prisons (Sindh);

Brig (Retd) Zafar Ahmed Malik, Karachi Building & Control Authority;

Brig (Retd) Aftab Ahmed, DG PHA;

Brig (Retd) Dilbar Husain Naqvi, MD National Construction Company;

Colonel Rauf, IG Prisons, NWFP;

Colonel Asif Jamal, MD, Multan Development Authority;

Colonel (Retd) Najam ul Hasan Malik, TMO Rawalpindi;

Colonel (Retd) Hafiz Abdur Rehman Malik, MD WASA, Rawalpindi;

Colonel (Retd) Kanwar Muhammad Sherbaz Khan, GM CS&E OGDC;

Lt Col Muhammad Azim, GM NHA;

LT Col Naqeeb Amjad Malik, Manager CS&E OGDC;

Lt Col (Retd) Aziz ul Haque Mirza, Member (Operations) NHA;

Lt Col (Retd) Hafeezullah Awan, MD WASA Quetta.

Major General (Retd) Shujaat Ali Khan, Ambassador to Morocco;

Major General (Retd) Badruddin, Ambassador to Brunei;

Vice Admiral(Retd) Khalid Mir, Ambassador to Lebanon;

Brig (Retd) Muhammad Nisar, Ambassador to Argentina;

Brig. Sikandar Ali, Director, Anti Narctics Force;

Brig (R) Saeed Ahmad Rafi, Director General, Ministry of Foreign Affairs (He was inducted by Gen Musharraf into Foreign Service as incharge of overseas polling for Presidential Referendum in April);

Brig (R) Mian Khalid Habib, Chief of Protocol, M/o foreign Affirs;

Brig Tipu Sultan, Director General, Ministry of Foreign Affairs;

Group Capt (R) Khalid Aziz Babar, Director General, M/o Foreign Affairs;

Naval Lt (R) Ghalib Iqbal, Consul General, Toronto (son-in-law of former Air Chief Anwar Shamim) {Anwer Shamim is a Quadiyani and had served General Zia {Ameer ul Momineen as per Jamat-e-Islami}, Anwer Shamim has huge ranches in California, USA, which he and his brother in Law Khursheed Anwer Mirza made through trafficking Narcotics during so-called Afghan Jihad {the Time Weekly that carried this news was banned in Pakistan in 80s}.

Naval Lt (R) Qasim Raza Mutaqqi, Counsellor, Rome;

Col (R) Salik Nawaz, Deputy Chief of Protocol, M/o Foreign Affairs;

Capt (R) Masood Akhtar, Deputy Chief of Protocol, M/o Foreign Affairs;

Capt (R) Shaukat Muqaddam, Counsellor, Dublin;

Capt (R) Zaighamuddin Azam Khan, Counsellor, Berlin;

Capt (R) Sohail Ittehad Hussain, Director General,M/o Foreign Affairs;

Capt (R) Khalid Durrani, Director, M/o Foreign Affairs.

General ? Jahangeer Karamat, Ambassador of Pakistan in USA.

Brigadier ? Ejas Shah, Director General Intelligence Bureau.

The above list was of 2002. In 2003, as many as 104 serving and retired Lieutenant Generals, Major Generals or equivalent ranks from other services are among the 1,027 military officers inducted on civilian posts in different ministries, divisions and Pakistani missions abroad after Oct 12, 1999 military takeover. The number of army Brigadiers or their equivalent ranks from the Navy and Air Force is even higher at 160, according to an annexure placed before the Senate library.

There have been 14 ambassadors and a high commissioner from the military ranks during this period.

Of these 1,027 military officers inducted on civilian posts, 27 military officers have been given the prized grade of 22 while 62 officers have been adjusted in grade 21. A whopping figure of 150 officers occupy civilian positions in Grade 20. There are 276 officers between grade 20 and 22 alone. The nature of their jobs varies from deputation, secondment, re-employment to contract basis. These military officers occupy civilian posts in a situation where, according to Incharge Cabinet Division Raza Hiraj, there are 700 'unabsorbed' surplus civilian employees. There are 33 officers on special duty (OSD) just in grades between 19 and 21.

The range of fields where military officers are working on civilian posts encompasses every sector of human endeavour including communications, education, diplomacy, water and electricity management, information, post office, jails, local bodies, think tanks, industrial production, shipping, minority affairs, population welfare, health, agriculture, railways, highways, housing, labour and manpower, social and women development, law and justice and sub-sectors of sports from cricket to hockey.

A close look at the figures shows that these military personnel occupy 13 posts in the cabinet division, 5 posts in the commerce ministry, 98 in communications ministry, 113 in the defence division, 52 in the defence production division, 9 in the education ministry, 16 in the establishment division, 24 in the ministry of foreign affairs, 6 in the ministry of food, agriculture and livestock. There are 88 military officers working in the ministry of interior, 2 in the health ministry, 6 in the housing and works ministry, 29 in the industries and production ministry, 3 in the information and broadcasting ministry, 58 in the ministry of Information Technology, 25 in the Kashmir affairs and northern affairs ministry, five in the labour and manpower division, 17 in the ministry of minorities affairs, 39 in the ministry of petroleum and natural resources, just one each in the ministry of population welfare, the planning and development division and the ministry of religious affairs. There are two military officials working in the revenue division (CBR), 21 in the ministry of science and technology, 72 in the ministry of railways/railway board, 37 in the ministry of water and power, 5 in the ministry of women development, 6 in the Wafaqi Mohtasib. There are another 37 officers who have been inducted under the military's 10 per cent quota in civilian posts over and above these appointments.

In the Foreign Affairs 13 Lieutenants and Major Generals were appointed as ambassadors in different countries, while one Brigadier and a Major also got ambassadorial positions. Lt-Gen (retd) Asad Durrani was appointed as ambassador in Riyadh (contract expired on October 2002). Vice-Admiral (retd) Shamoon Alam Khan was appointed as ambassador in Kyiv (up to August 28, 2003), Vice-Admiral (retd) Khalid M Mir was appointed ambassador in Beirut (up to July 2003), Lt-Gen (retd) Nasim Rana as ambassador in Kuala Lumpur (up to July 2003), Air Marshal (retd) Muhammad Farooq Qari as ambassador in Tripoli, Lt-Gen (retd) Agha Jehangir Ali Khan as ambassador in Mexico, Maj-Gen (retd) Shujaat Ali Khan as ambassador in Rabat (up to September 2003), Maj-Gen (retd) Fazal Ghafoor as ambassador in Tashkent (contract expired on April 2002), Maj-Gen (retd) Salim Ullah as ambassador in Abu Dhabi (up to June 2003), Lt-Gen (retd) Mohammad Shafique as ambassador in Bahrain (contract expired on October 2002), Maj-Gen (retd) Muhammad Hassan Aqeel as ambassador in Thailand (up to June 2003), Maj Gen (retd) Syed Mustafa Anwar Hussain as ambassador in Indonesia (up to August 2003) and Maj-Gen (retd) Sultan Habib as ambassador in DPR Korea (up to October 2003).

Brigadier Abdul Majid Khan was appointed as ambassador in Dushambe (contract expired on June 2002), while Major Badruddin was posted as high commissioner to Bender Seri Begawen. In the cabinet division, Maj-Gen Khalid Bashir was appointed as Member (Tech) Pakistan Telecommunication Authority (PTA) (up to November 2001), Maj-Gen Raza Hussain as chairman SUPARCO and Maj-Gen Shahzada Alam Malik as Chairman PTA. These inductions were made on regular basis. Similarly, in the ministry of communications, Maj-Gen Tariq Javed was inducted as National Highway Authority chairman on November 11, 2000 but was later repatriated. In his place Maj Gen Furrakh Javed was appointed as NHA chief on November 5, 2001 on a secondment basis. He already had served as deputy director general (Dev) in the Civil Aviation Authority (CAA). Likewise, Maj-Gen (retd) Agha Masood Hasan was appointed as Director General Pakistan Post Office on a contract basis, Vice-Admiral Taj Muhammad Khattak was appointed as Chairman Port Qasim Authority (PQA) on secondment, Rear Admiral Muhammad Asad Qureshi was appointed as Director General PQA, Vice Admiral (retd) S Tauquir H Naqvi as Chairman Pakistan National Shipping Corporation (PNSC) on contract, Vice Admiral (retd) S Abaid Ullah Khan as chairman (PNSC) (contract terminated on October, 2000), Rear Admiral Bakhat Ali Jumani was appointed as Executive Director (Ship Management PNSC), Rear Admiral (retd) Sarfraz Khan was appointed as Chairman Gwadar Port Authority (GPA), Rear Admiral Muhammad Nashat Raffi as General Manager Karachi Port Trust (KPT),

Vice Admiral Ahmed Hayat was appointed on a contract basis as Chairman Karachi Port Trust (KPT), but prior to him Vice Admiral (retd) Khalid Mohammad Mir was serving as chairman. Maj Gen (retd) Mohsin Ahmed Vahidy was appointed as Executive Directive PNSC Karachi on a contract basis but he is not serving now, while Rear Admiral Sikandar Viqar Naqvi was appointed chairman PQA (not serving). Similarly, in the ministry of defence, Lt-Gen (retd) Hamid Nawaz Khan was re-employed on a contract basis as secretary ministry of defence but earlier Lt-Gen (retd) Nasim Rana was serving in this capacity whose contract was terminated on July 8, 2001. Rear Admiral Irfan Ahmad was appointed as Additional Secretary (contract terminated), then Maj-Gen Muhammad Ashraf Chaudhry was made Additional Secretary, defence ministry, on secondment basis.

Maj-Gen Javed Iqbal was appointed as Director General Military Land and Cantonments (ML&C) on secondment but he was later retired. Later, Maj Gen Muhammad Jawed was appointed as DG ML&C on secondment. Maj-Gen Mahboobul Muzaffar and Maj-Gen Sabihuddin Bokhari were appointed as Surveyor General of Pakistan. After their retirement, Maj-Gen Tariq Javed was appointed in their place on secondment basis. Rear Admiral Arshad Munir Ahmed was appointed Ex-Managing Director Karachi Shipyard (contract expired), Air Vice Marshal S Javed Raza as Director Pre Engineering PIA, AVM (retd) Niaz Hussain Director (Engineering) PIA and AVM Arshad Rashid Sethi as Deputy Director General, CAA (not working).

In the Defence Production Division, Air Marshal (retd) Zahid Anis was appointed as secretary D P Division. Earlier Lt-Gen (retd) Lehrasab was working in his place. Similarly, Maj-Gen Ali Baz was appointed as Additional Secretary D P Division. Earlier, Maj-Gen Rehmat Khan was serving as Additional Secretary D P Division. Maj-Gen M Salimuddin was re-employed after his retirement from the army as Chief Scientists and Scientific Adviser DESTO in place of Maj-Gen Akbar Saeed Awan, while Maj-Gen Syed Ali Hamid was appointed as Director General DEPO on secondment basis while AVM Aurangzeb Khan was appointed Chairman Pakistan Aeronautical Complex board, Kamra.

In the Establishment Division, Maj-Gen (retd) Rahmatullah was appointed as Managing Director Federal Employees Benevolent Fund and Group Insurance. Earlier, Maj-Gen (retd) Inayatullah Khan Niazi was working in his place. Air Marshal (retd) Shafique Haider was appointed as Chairman Federal Public Service Commission (FPSC) while Lt-Gen (retd) Arshad Hussain was appointed Member, FPSC.

Maj-Gen (retd) Sikander Shami was appointed as Director General of Head of Institute of NIPA, Lahore, while Lt-Gen (retd) Sardar Ali as Director NIPA, Lahore, both on a contract basis. Maj-Gen Muhammad Iqbal Khan was appointed as Managing Director PASSCO on contract in the ministry of food, agriculture and livestock, Maj-Gen Ahsan Ahmad as Director General health on secondment but was replaced by Maj-Gen (retd) Muhammad Aslam also on secondment/contract in the health ministry.

In the interior ministry Maj-Gen (retd) Zahid Ehsan was appointed as Chairman Nadra (posted out) while in the ministry of industries and production Maj-Gen (retd) M Mohsin was appointed as chairman NFC (national finance commission) on contract. AVM Azhar Maud was appointed National Telecommunication Corporation (NTC) chairman.

In the ministry of information and broadcasting Maj-Gen (retd) Jamshed Ayaz Khan was appointed as president Institute of Regional Studies, Islamabad, on contract. In the minorities, culture, sports, Maj-Gen (retd) Inayat Ullah Khan Niazi was appointed Chairman ETPB (contract expired), while Maj-Gen Anis Ahmad Bajwa was appointed as Managing Director PTDC Islamabad on contract. He had already served as Deputy Chief of Staff to Chief Executive in the Prime Minister's secretariat. Lt-Gen Hamid Javed was appointed as Chief of Staff to the President in the president's secretariat.

Similarly in the Prime Minister's secretariat Lt-Gen Ghulam Ahmad was appointed as chief of staff to Chief Executive in place of Lt-Gen Hamid Javed. Maj-Gen Abdul Jabbar Bhatti, Maj-Gen Shafaatullah Shah and Maj-Gen Muhammad Yousaf were also appointed as deputy chief of staff to chief executive. Maj-Gen Haroon Sikandar Pasha was appointed as Director Chief Executive's secretariat. Maj-Gen Nadeem Taj had also served as Military Secretary (MS) to Chief Executive (posted as MS to the president from January 2002). Lt-Gen Khalid Maqbool (now Governor Punjab) and Lt-Gen Syed Muhammad Amjad were appointed as Chairman National Accountability Bureau (NAB), while Maj-Gen Abdul Jabbar Bhatti, Maj-Gen Ijaz Ahmed Bakhshi and Maj-Gen Ovais Mushtaq Qureshi, AVM (retd) M Saleemud Din, Maj-Gen Muhammad Sabir, Maj-Gen Nazakat Ali Khan, Maj-Gen Shujaat Zamir Dar, Maj-Gen Syed Usman Shah and Maj-Gen Tariq Bashir, Rear Admiral Ihsanul Haq, Real Admiral Ubaid Sadiq, AVM Masood Akhtar, AVM Zakaullah Khan and AVM (retd) Khuda Dad were subsequently appointed as Director General, NAB Maj-Gen (retd) Syed Asif Riaz Bokhari was appointed as Member, NRB on a contract basis.

Maj-Gen Parvez Akmal was appointed as Managing Director Oil and Gas Development Company (OGDC) (not working) while Maj-Gen (retd) Syed Usman Shah was appointed as Director General Intelligence and Investigation.

In the railways ministry Lt-Gen (retd) Javaid Ashraf Qazi was appointed as secretary/chairman Pakistan Railways. After his contract was terminated Lt-Gen (retd) Saeeduz Zafar replaced him. On termination of his contract, Maj-Gen (retd) Hamid Hassan Butt was appointed as General Manager M&S PR but his contract too was terminated. Lt-Gen (retd) Zulfiqar Ali Khan was appointed as Wapda Chairman on secondment/contract while Maj-Gen (retd) M Aslam Zuberi was appointed Adviser in the Wafaqi Mohtasib secretariat (contract expired). Those who were appointed in the attached departments include Air Marshal (retd) Sharbat A Changazi who was appointed as Director State Life Insurance Corporation of Pakistan and Rear Admiral (retd) Ejaz Husain appointed as General Manager Special Project, Pakistan State Oil Company Ltd. {4}

QUESTIONABLE EXTENSION:

THE news that Lt-Gen Munir Hafeez has been given a year?s extension in the Army to let him complete his four-year tenure as NAB Chairman does not make sense when in the same breath the ruling leadership proclaims that true democracy has been ushered in. If it was not considered appropriate to give him an assignment in the armed forces, he should have been retired and the Accountability Bureau?s charge given to a reputable civilian, preferably a retired superior court judge, especially in the light of the Supreme Court ruling to this effect. At best, he could have been allowed to complete his tenure as NAB chief, after having retired from the army. There are other examples of serving officers retiring from the army, but completing their fixed tenure in civilian slots, the most recent being the previous WAPDA Chairman. Extension in service is by itself odious, impacting adversely down the line and affecting the career prospects of deserving aspirants. The irony is that successive governments begin with vociferous commitments of doing away with the practice, but end up finding excuses, mostly lack of suitable replacements, to accommodate favourites. In this way, they ignore the well-known dictum, that the graveyards are full of indispensable people. Whether it is the army or civilian bureaucracy, the principle of retiring officials upon superannuation should be strictly followed. The inroad of serving and retired army men into civilian jobs is causing heartburning among deserving civilian officials and constitutes a major grouse of the people against army rule. At present, there are perhaps, the largest number of armed forces personnel working in civilian assignments ever in Pakistan?s history, giving the wrong impression that the civilian bureaucracy is unfit to handle those jobs. The situation needs to be quickly remedied. After all, serving army officials should be required to man the posts for which they have been groomed. Otherwise, the claim of having introduced democracy would not be taken seriously, neither at home nor abroad. {5}

ACROSS THE BOARD ?ACCOUNTABILITY?:

General Musharraf after 12 Oct 1999s? mutiny had said in his 7 points agenda that across the board accountability would start from this table and nobody would be spare. Would he please define as to where his promise has gone? He said Judiciary and Military has built in Accountability System so NAB has no jurisdiction there but every now and then news appear in the newspaper that Military Officials in NAB are blackmailing everybody for money who in any way becomes ?involve? even through a anonymous complaints. If that was not enough Army Officers in NAB are some time arrested with huge amount of money i.e. in Billions and they hushed up the whole matter. There are thousands of petition pending in several courts of law particularly in Sindh against alleged highhandedness of Army Officials of NAB while investigating cases of corruption but this so-called NAB is silent on Mehran Bank, General Sabih Qamar Zaman {Pakistan Steel Mills Corruption Cases}, Faisal Saleh Hayat, Imtiaz Sheikh, Aftab Ahmed Sherpao and thousands of other cases.

A minor example: {6}

The Hyderabad bench of the Sindh High Court on Thursday issued a notice to a lieutenant colonel on a petition filed by Zahoor Ahmad, accusing the army officer of harassment. Sindh Additional Advocate General Masood A. Noorani filed statements of respondent police officers, including the SHO of the Mangli police station, Sanghar, denying harassing the petitioner at the behest of the army officer. The policemen further stated that the petitioner was not wanted in any case by the Mangli police. The petitioner stated that respondent Lt-Col Mohammad Ameer had been using his official position to get a dispute of civil nature settled which involved the late father of the petitioner. He claimed that he had made payment to the army officer for fear of his life.

DANGEROUS CONSEQUENCES FOR PAKISTAN:

This is not intended as criticism of our soldiers who are among the bravest and toughest in the world. But the leadership of our troops is in the hands of an officer corps that is in danger of losing its professional edge due to endless intervention in civilian matters far removed from their normal duties. Although General Musharraf and his colleagues have assured us that only a small percentage of military personnel are directly involved in civilian duties, the impression is one of vast numbers of serving and retired officers landing themselves plumb jobs. Lower ranks have to content themselves with checking electricity meters and driving licences. To say the normal training cycle is not affected is to suggest that it does not require much time and effort. The question then arises as to what military personnel does the whole year?

Pakistan army's record is not exactly etched in letters of gold. From the fiasco of the 1948 Kashmir war in which the initial advantage was squandered through bad leadership to Kargil, the wars and skirmishes our army has fought have never yielded the results we had hoped for when we initiated all these hostilities. Although much valour was displayed by troops and junior officers, they (and the nation) were let down time and again by senior officers. Poor planning, excessive caution and little communication between the three services on the one hand, and command and field echelons on the other, have characterized our military operations to date. In the 1965 and 1971 wars, both started by our military's miscalculation of the Indian response to our actions, our units were largely static and where an offensive was launched, it was ill-judged. Mostly, our generals were content to hold on to defensive positions while waiting for international diplomacy to pull their chestnuts out of the fire.

An Israeli analysis of our army's performance in the 1965 war was reproduced in the long-defunct Outlook in the early seventies, and was devastating in its conclusions. According to the authors, Pakistan enjoyed a sizable qualitative edge in US- supplied hardware that was not exploited by generals and resorted to tactics that let the Indians off the hook. The Hamoodur Rehman commission report has been scathing about the personal and professional conduct of senior officers during the 1971 war. While in East Pakistan, units were surrounded by superior forces, the bulk of the army was in the West but provided no meaningful resistance. But with generals like Yahya Khan in charge of the army and the nation's destiny, small wonder that the entire military was demoralized.

Then we had the likes of Zia and Aslam Beg, the latter known for his "doctrine of strategic defiance". More recently, this master strategist was quoted by Owen Bennet Jones in his book "Pakistan: eye of the storm" as saying, in effect, that Pakistan did not need a command and control system for its nuclear weapons as India was unlikely to attack our installations. Kargil was a short-term tactical triumph but a strategic disaster because its authors, General Musharraf among them, failed to grasp the global picture. They simply did not anticipate the outrage an unprovoked attack would arouse across the world when two nuclear protagonists were involved. A good general is capable of thinking and planning in three dimensions several moves ahead, and so far, none of our military planners have demonstrated this ability. Another problem our defence forces face is their heavy involvement in property and other business-related activities. When an officer is spending much of his time in expanding his real estate portfolio, this is bound to tell on his professionalism. And after a point, he has acquired too much property to want to take risks. Although all these plots are lawfully acquired, surely there should be a cut-off, limiting officers to one, or at most two, houses in their career. The fact that an army officer (and his family) should consider themselves to be above the law comes as no surprise: what is different today is how the public has reacted to this case. Newspapers and magazines have carried comments and criticism about the matter for weeks, and angry letters from readers continue to be published. If GHQ is in any way concerned over this widening gulf between the army and the people of Pakistan, the high command needs to reflect on the fact that when its officers are placed in charge of virtually every institution, they will be blamed when things go wrong. A continuing problem with army-civilian relations has been the arrogance military officers display when dealing with civilians. To all intents and purposes, they could be a colonial force lording their innate superiority over the backward natives. All armies are insulated from civilian life to some extent, but our officers are also taught to despise politicians and bureaucrats as soon as they enter the military academy. The reality of power in Pakistan is that the army has controlled the destiny of the nation for most of its existence, and is likely to continue doing so in the foreseeable future. The invisible 'agencies' have huge, unaudited budgets and manipulate and malign politicians and control sections of the press. Incidentally, all this is a matter of public record: names of politicians and journalists who have received cash handouts from the exchequer have been published many times without any action being taken against those making the payments and those receiving them. {7}

Where is the Suo Moto Notice in these Cases???? and Quotation of Quran and Hadith as well.

"QUOTE"

A request to their lordships of the Supreme Court who just recently humbled an elected govt. The ISPR announced that whilst promotions of generals are to be ratified by the govt, it is the army chief’s prerogative to give extensions to whichever general he wills. Suo motu notice, my lords? - File photo - As an aside, a request to their lordships of the Supreme Court who have just recently humbled an elected government all ends up. The ISPR has announced that whilst promotions of generals are to be ratified by the government, it is the army chief’s very own prerogative to give extensions to whichever general he wills. Suo motu notice, my lords? For, after all, all the organs of state are to remain within their own constitutional limits. REFERENCE: Good news, bad news BY Kamran Shafi Tuesday, 23 Feb, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/columnists/13+kamran-shafi-good-news-bad-news-320-za-01

ISLAMABAD: The government has asked General Ashfaq Parvez Kayani to accept an extension in his tenure as Chief of Army Staff for another two years. The verbal offer was made to sound out General Kayani whether he would agree to or turn it down. The move has been made to ensure continuity in Pakistan’s policy on the war on terror and it also has a nod from Washington as the Army has achieved remarkable successes in the war on terror under General Kayani’s command. General Kayani has not yet given his consent and is considering this offer, it was learnt. The offer of extension has come at a time when battle lines for a second round have been drawn between the government and the judiciary. It was learnt that the Army has communicated its decision to all stakeholders that it would prefer not to be seen taking sides.

According to the sources, the extension in service cases of Chief of Army Staff General Kayani, Chief of General Staff Lt-Gen Muhammad Mustafa Khan, and DG ISI Lt-Gen Ahmad Shuja Pasha are ready to be sent to the prime minister and the president for approval. The ministry formed the recommendations on the basis of a consensus that emerged within Pakistan and outside after military’s successes in Swat, South Waziristan and other Fata areas. Although, the DG ISI has already given his consent to accept the extension, the cases of General Kayani and Lt-Gen Mustafa are still pending. Knowledgeable sources claim that General Mustafa, who retires in October this year, will accept the extension if only General Kayani decided to stay. Washington, which has already given an extension to its Centcom Chief General David Petraeus, has supported this move by Islamabad as it believes that such an extension would ensure continuity in Pakistan’s policy towards the war on terror. The decision is linked to the resolution of the ongoing confrontation between the judiciary and the government and the constitutional package that would ensure the supremacy of parliament vis-i-vis the president. The problem with Pindi establishment is that Washington is not comfortable with the perception of Zardari government’s governance style which is being equated with the corrupt Karzai administration in Kabul. “The US is not comfortable working with two corrupt administrations in two neighbouring countries which are at war with terrorists,” the sources said. The sources claimed that the establishment had no axe to grind and was making sincere but quiet efforts to play the role of a firefighter to end the confrontation between the executive and the judiciary. REFERENCE: Govt offers Kayani two-year extension By Absar Alam Sunday, February 14, 2010 http://thenews.jang.com.pk/top_story_detail.asp?Id=27249

ISLAMABAD: Chief of the Army Staff General Ashfaq Parvez Kayani, who previously extended the tenure of the corps commander, Peshawar, has now granted a one-year extension to another lieutenant general, as the DG ISI is the third in a row who is likely to be its recipient, all in a space of six months. Defence Minister Ahmed Mukhtar confirmed to The News that he and Prime Minister Gilani had been intimated about the extension to the general serving with the UN. The minister was reluctant to discuss the nitty-gritty terming it a sensitive issue. Lt-Gen Sikandar Afzal has received a one-year extension that will come into effect from March 1, the day he will retire from service. He is currently abroad serving on deputation with the United Nations Peace Mission. After commanding the peace troops in Liberia, he is now believed to be stationed in New York, United Nations’ headquarters. His official engagement abroad has been cited a reason for extension in service, a senior Army official privy to the development said. The Army chief previously granted extension to the Corps Commander Peshawar, Lt-Gen Masood Alam, in November 2009. Sikandar is now second in the row and the DG ISI Ahmad Shuja Pasha retiring on March 18 is all set to receive one-year extension in no time.

The extension in lieutenant general’s service was made the prerogative of the Army chief during Gen Zia-ul-Haq’s time when he was COAS-president. In Benazir Bhutto’s 2nd term in office, the issue again cropped up with the prime minister wanted to reclaim the lost authority of her office. But General Kakar had told Benazir Bhutto that the generals seeking extension would be running around the politicians in case the authority to do so was rested with the prime minister/president. Gen Kakar finally succeeded in retaining the authority of granting extension. However, Lt-Gen (retd) Hamid Nawaz, former secretary defence, said that the extension requires approval from the federal government and cited the example of extension to Lt-Gen Kidwai. “Granting extension is considered the prerogative of the Army chief but he sends a summary to the federal government that is rarely objected to,” he said. Same kind of views was echoed by former ISI head, Lt-Gen (retd) Hamid Gul. Another former secretary defence, Kamran Rasool, who is the only civilian, headed this ministry, when contacted, said no extension was granted during his time hence he was not aware of the rules about it. REFERENCE: Kayani gives one more extension By Umar Cheema Sunday, February 21, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27384

ISLAMABAD: As promotions of senior officials in the Army are becoming the centre of focus in the national politics, the Pakistan Army has officially clarified that extension in services of lieutenant generals is purely the prerogative of the Army chief and does not need the federal government’s approval. Director-General Inter Services Public Relation (ISPR) Maj-Gen Athar Abbas told The News that the COAS can extend the service of any serving lieutenant-general without any ratification from the federal government. “The cases of promotion are sent to the federal government for approval, but, according to rules, there is no need to get approval in case of extension in service of a lieutenant-general,” the Army spokesman said.

This issue is being considered very important because the extension in service of any of the lieutenant generals retiring this year would have significant impact on the present seniority list. Lt-Gen Ahsan Azhar Hayat, Lt-Gen Tanvir Tahir, Lt-Gen Mohammad Ashraf Saleem and Lt-Gen Ahmad Shuja Pasha are retiring in March this year; Lt-Gen Ijaz Ahmad Baksh and Lt-Gen Nadeem Ahmed in May; and Lt-Gen Masood Aslam, Lt-Gen Shahid Iqbal, Lt-Gen Zahid Hussain and Lt-Gen Mohammad Asghar are retiring in October this year.

The ISPR chief’s statement has also raised question marks on some news reports that a summary for the extension in services of some top Army generals is being or has been sent to the Prime Minister Secretariat through the Ministry of Defence. It has also been reported that Lt-Gen Masood Aslam, Corps Commander Peshawar, was given extension last year by the COAS without any approval from the federal government. The second most important issue is the appointment of CJCSC which would definitely have an impact on the appointment of COAS. This appointment will be made six weeks prior to the appointment of the Army chief (if the PPP government does not extend the service of General Ashfaq Parvez Kayani who is retiring on November 28, 2010). The incumbent CJCSC General, Tariq Majeed, will retire on October 8, 2010. Lt-Gen (retd) Hamid Nawaz told The News that after creation of this office some thirty years back, this position was given to the services chiefs in rotation. However, during the tenures of Gen Zia and Gen Musharraf this criteria was not followed and this office remained with the Pakistan Army.

Lt-General Hamid Nawaz was of the view that this time the position should be offered to some top official of the Pak Navy or the PAF keeping in view the tradition of democratic governments in the past. This issue is being considered very important as this position could be used to manipulate the appointment of the COAS. If a junior officer is pushed up, others may be forced to retire, thus creating space for the desired officer, many analysts think. According to Lt-Gen (retd) Hamid, a major-general is retired on reaching the age of 57 while a lieutenant general is retired either on reaching the age of 58 or completing the four-year tenure, whichever comes first. He explained that if a major-general is promoted as lieutenant general at the age of 56 he will be retired after two years on becoming 58 and if he was promoted as lieutenant general at the age 52 he will stand retired after four years at the age of 56. Hamid said that the COAS is always made form the armoured, artillery or infantry corps of the Pakistan Army and lieutenant-generals from the engineering or services corps are not considered.

Following this principle and considering all lieutenant-generals who will retire this year, the seniority list will be as follows on November 28, 2010 (the date Gen Kayani will retire):

1- Lt-Gen Khalid Shameem Wynne (retiring on March 8, 2011)

2- Lt-Gen Muhammad Yousaf (retiring on March 8, 2011)

3- Lt-Gen Syed Absar Hussain (retiring on March 8, 2011—never commanded any core)

4- Lt-Gen Javed Zia (retiring on Sep 21, 2011—never commanded any core)

5- Lt-Gen Shujaat Zamir Dar (retiring on Sep 21, 2011—never commanded any core)

6- Lt-Gen Mohsin Kamal (retiring on Sep 21, 2011óhe has opted for a office job because of health issues)

7- Lt-Gen Jamil Haider (retiring on Sep 21, 2011 ñnever commanded any core)

8- Lt-Gen Nadeem Taj (retiring on Sep 21, 2011)

In case ISI chief General Pasha is given extension by the COAS, he will be on the 12th position and Chief of General Staff Lt-Gen Mustafa Khan will be on number 13 on the seniority list. According to Gen Hamid, for being a suitable candidate to become COAS, command of a corps is almost a mandatory condition. Some experts say that the present seniority list is also the result of tactical and strategically planned promotions and appointments by ex-Army chief and military dictator General Pervez Musharraf. These experts said that during Kayani’s tenure as COAS, appointments and promotions were made on merit. At the same time, they fear that any mistake by the political rulers of the country may lead to handing over the command of the Pakistan Army to someone very close to Musharraf. These experts also say that while making recommendations for the next COAS, the issue of illegal allotment of agricultural farmhouse adjacent to that of former prime minister Shaukat Aziz at Chak Shahzad, could also be considered by the relevant influential circles.

These experts say that in fact the equally important appointment will be that of CJCSC. If he is taken from the Pakistan Air Force or the Pakistan Navy as per the democratic tradition, issues could be resolved amicably. Otherwise, if some junior-lieutenant general is promoted as general to make him the CJCSC, those senior to him will have to resign keeping in view the Army norms and that could possibly open a Pandora’s box which will pave the way for political appointments. General Aslam Baig was of the view that the outgoing COAS sends a list of five senior lieutenant-generals to the federal government four months prior to his retirement, and the government can appoint anyone from this list keeping in view the criteria and cannot go beyond this list. However, Lt Gen (retd) Hamid Nawaz was of the view that the federal government had full powers only in case of appointment of the COAS, and it could appoint any of the senior lieutenant generals for the position. REFERENCE: Extensions do not need govt’s approval: Army ISPR clarifies only promotions require ratification By Ahmad Noorani Sunday, February 21, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27383

ISLAMABAD: No three-star general either on extension or on ROR (retirement on return) will be considered either for the top slot in the Army as chief of the Army staff or for the office of chairman Joint Chiefs of Staff Committee (CJCSC) when the incumbent generals retire after serving their tenure. This was the crux of the lengthy discussion with several retired and serving senior military officers, who received with surprise speculations of putting some officers on extension or on ROR as potential candidates in the race for the new Army chief to succeed Gen Ashfaq Parvez Kayani in November or Gen Tariq Majid in early October this year. Investigations reveal there would be two seniority lists to taken by Army Chief Gen Kayani to give extension to ISI Director-General Lt-Gen Ahmed Shuja Pasha, there will be three lieutenant-generals (Lt-Gen Masood Aslam, Lt-Gen Sikandar Afzal and Lt-Gen Pasha) who would be on extension or on ROR. “Lt-Gen Sikandar Afzal, presently Force Commander UN Mission in Liberia is on ROR and as such he would be retired immediately on his return from posting abroad and he stands no chance to be considered for the two big slots of generals,” said an official source. Lt-Gen Masood Aslam, Corps Commander Peshawar, is also on extension for an unspecified period, as he was asked to continue for the sake of operation against the militants. “Lt-Gen Aslam is one of the finest soldiers in the Army and he has sacrificed a lot in the shape of Shahadat of his beloved son in an attack on a mosque located on the parade lane,” said a retired military official.

Similarly, ISI Director-General Lt-Gen Pasha, who is all set to get extension, would continue to work in the ISI, as his shifting from the ISI to command corps does not arise, and he would retire from Pakistan Army without being considered for promotion to the rank of a four-star general. Military sources say it is the exclusive right of the Army chief to give one-year extension to any three-star general. However, for any further extension the Army chief has to secure approval of the federal government. Military sources say it is not relevant who is senior at present on the seniority list of three-star generals but it is most relevant who would be the senior-most officer at the time of appointment of chairman JCSC and Army chief later this year.

They maintain seniority does not give a right to an officer for promotion to the next rank, particularly in the case of these two appointments. This constitutional right to appoint services chiefs rests with the president, though President Asif Zardari has decided in principle to endorse or accept the advice of the prime minister in all such appointments. He did it in case of appointments of naval chief and air chief and he is all set to accept the advice of the prime minister in case of appointments of Army chief and chairman JCSC. The ideal scenario, said a senior official, is that the senior-most officer with experience of both command and staff should be appointed to command Pakistan Army or get an appointment as chairman JCSC.

This unwritten rule has hardly been observed by any civil ruler. Prime Minister Nawaz Sharif appointed Gen Pervez Musharraf as Army chief by ignoring both the seniority plus the factor that by that time (October 1998) Gen Musharraf had not held a staff appointment as a three-star general, though he was holding a command position as corps commander. Similar is the case with other appointments made in the past. And the most prominent amongst others was the promotion and appointment of Gen KM Arif, who was promoted general without commanding corps. Many pre-2000 period military officers like Hameed Gul or Hamid Javed or others seem not fully aware of the importance of the Army Strategic Force Command (ASFC), its strength and above all the only factor which maintains “deterrence”, as everything is dependent on “deterrence” and the ASFC is the custodian of strategic assets of the country.

The strategic force was established after 2000 and it turned into a force which forced India at least four times in the past to pull back from the international borders. India is not feeling threatened by conventional forces, including armoured, artillery, infantry or deployment of troops but the strategic force which controls, employs and deploys strategic assets like nuclear arsenal, missiles and their operations. “This unconventional force is the real force which maintains deterrence and those commanding this force should not be matched with commander of a conventional corps,” said a former military officer. Pakistan has nine corps with two command structures. The two commands are known as strategic force command and air defence command and they have whole of Pakistan under their command, not like the corps where a commander can operate being in-charge of specified or limited/designated area in Pakistan. Coming back to seniority issue, the first appointment would be open when October 7, 2010 comes nearer with retirement of Gen Tariq Majid. By October 7, 2010, Corps Commander Quetta Lt-Gen Khaliq Shamm Wyne will be on top of the seniority list of three-star generals. He would be followed by Command Strategic Forces Lt-Gen Syed Absar Hussain (commander of only unconventional force - artillery). Javed Zia (adjutant general-infantry) will be third on the seniority list. He has not yet commanded a corps but it is expected that he would be given corps by April this year. On No 4 will be POF Chairman Lt-Gen Shujaat Zamir Dar (infantry) who has not yet commanded corps. Military Secretary Lt-Gen Mohsin Kamal (infantry) will be on No 5 position on the seniority list. He had already commanded a corps and now fully fit health-wise.

Lt-Gen Jamil Hyder (inspector-general arms-artillery) will be on No 6th, with Lt-Gen Asghar (chairman Nust-engineering), Lt-Gen Nadim Taj (Commander Gujranwala Corps-infantry), Lt-Gen Tahir (Commander Rawalpindi Corps-infantry) and Lt-Gen Shahid (Commander Karachi Corps) are at No 7th, 8th, 9th and 10th positions, respectively. Both Gen Kayani (COAS) and Gen Tariq Majid (CJCSC) were promoted as generals in early October 2007. However, Gen Kayani got command of Pakistan Army from President Gen Musharraf on November 28, 2007. It simply means Gen Kayani got around 50 additional days as a four-star general, as he assumed the office of the Army chief on November 28, 2007. REFERENCE: Generals on extension never considered for top slots By Shakeel Shaikh Tuesday, February 23, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27441

Judiciary:

Besides NRO, Showing off is also disliked in Islam.

Instead of showing off your love for Islam and exploiting the name of Islam and name of Prophet Mohammad [PBUH] you just read two of his [PBUH] precious Hadith on Showing Off [Riyakari - Shirk Asgher - Minor Polytheism]. Let me quote a Quranic verse and Hadith on this Riya [Showoff] .

قُلْ إِنَّمَا أَنَا بَشَرٌ مِّثْلُكُمْ يُوحَى إِلَيَّ أَنَّمَا إِلَهُكُمْ إِلَهٌ وَاحِدٌ فَمَن كَانَ يَرْجُو لِقَاء رَبِّهِ فَلْيَعْمَلْ عَمَلًا صَالِحًا وَلَا يُشْرِكْ بِعِبَادَةِ رَبِّهِ أَحَدًا

Interpretation of the meaning:

Say: I am only a mortal like you. My Lord inspireth in me that your Allah is only One Allah. And whoever hopeth for the meeting with his Lord, let him do righteous work, and make none sharer of the worship due unto his Lord. [AL-KAHF (THE CAVE) Chapter 18 - Verse 110]

1 - On the authority of Abu Hurairah (May Allah be pleased with him) in a marfoo' form, the following Qudsi narration: "I am Independent of all the partners (ascribed to me). Whoever performs a deed while associating partners with Me, I will leave him and his Shirk." [Sahih Muslim]

2 - It is reported that the Prophet Mohammad (PBUH) said: "Of the things which I fear for my Ummah, the thing which I fear most is minor Shirk. Then he was asked about minor Shirk, and he said: "It is ar-riyaa.

On the authority of Abu Sa'eed Al-Khudri (ra), in a marfoo' form, it is reported: "Shall I not tell you what I fear for you more than Al-Maseeh Ad-Dajjaal?" They replied: "Yes." He (saas ) said: "It is hidden Shirk such as when a person stands in prayer and he improves his prayer when he knows that others are watching." (Narrated by Imam Ahmad)

Allah's Messenger Prophet Mohammad (PBUH) informs us in this Hadith that he worries for his Ummah and fears for them Al-Maseeh Ad-Dajjaal, but that more than this, he fears for them hidden Shirk, which is riyaa`; this is because the danger of Al-Maseeh Ad-Dajjaal is confined to a specific time, while the danger of riyaa` is present at all times and in all places and because riyaa` is hidden and its power of seduction is great and it is difficult to free oneself from its grip. In addition, it leads to showy, ostentatious behaviour, self-glorification, self-promotion, all of which appeal to the weaknesses in man.

3 - On the authority of Abu Hurayrah (May Allah be pleased with him), who said: I heard the Messenger of Allah, Prophet Mohammad (PBUH) say:

The first of people against whom judgment will be pronounced on the Day of Resurrection will be a man who died a martyr. He will be brought and Allah will make known to him His favours and he will recognize them. [ The Almighty] will say: And what did you do about them? He will say: I fought for you until I died a martyr. He will say: You have lied - you did but fight that it might be said [of you]: He is courageous. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Another] will be a man who has studied [religious] knowledge and has taught it and who used to recite the Quran. He will be brought and Allah will make known to his His favours and he will recognize them. [The Almighty] will say: And what did you do about them? He will say: I studied [religious] knowledge and I taught it and I recited the Quran for Your sake. He will say: You have lied - you did but study [religious] knowledge that it might be said [of you]: He is learned. And you recited the Quran that it might be said [of you]: He is a reciter. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Another] will be a man whom Allah had made rich and to whom He had given all kinds of wealth. He will be brought and Allah will make known to his His favours and he will recognize them. [The Almighty] will say: And what did you do about them? He will say: I left no path [untrodden] in which You like money to be spent without spending in it for Your sake. He will say: You have lied - you did but do so that it might be said [of you]: He is open-handed. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Muslim, Tirmidhi and Nasa'i]

If Flogging is not Islamic as LHC Judge says then what about “Milad”??? Is Milad Islamic and if it is then where it is ordered in Sunnah to hold Milad Processions and Gatherings. Without even verification the Lahore High Court says that Flogging is not True Picture of Islam [Sunnah says it is very much Islamic to flog who is guilty]. I wonder if CJ [LHC) Khawaja Mohammad Sharif does even know about the Bida'at [Innovation] of celebrating of Prophet Mohammad [PBUH]'s Milad in the light of Quran and Sunnah for which Judiciary has suddenly found a place in every decision making particularly in any proccedding related with Zardari, Politicians and Elected Parliament.

RAWALPINDI, April 11: The flogging of a teenage girl in Swat does not portray the true picture of Islam as it is not clear whether or not the exact procedure for convicting her under religious laws was adopted and who had issued the Hadd and under what authority. This was stated by senior most judge of the Lahore High Court Justice Khwaja Mohammad Sharif while addressing a Mehfil-i-Milad arranged by the Lahore High Court Bar Association (LHBA) here on Saturday. The recently reinstated judge of the LHC said irrespective of the fact whether the video was real or fake, it was a conspiracy to malign Islam and bring a bad name to Pakistan showing the world that Islam was a religion of extremism. Mr Sharif, who was called chief justice of the LHC by the bar representatives, said Islam had laid very strict procedure to implement Hudood laws, almost making it impossible to apply. He questioned under what authority the girl was flogged and what procedure was adopted to declare her guilty. The justice said Islam demanded four witnesses with immaculate character for conviction or the confession of the accused person. The president of the HCBA highlighted the role of Prophet Muhammad (peace be upon him) as a legislator and a judge, saying the whole world has been taking benefit of the Islamic laws. The bar also arranged a Naat competition taking one lawyer from every district of Rawalpindi division. The competition was won by Chaudhry Zubair from Chakwal. The function was attended among others by four judges of the LHC, four session judges and lawyers. The HCBA had also invited Justice Maulvi Anwarul Haq, Justice Syed Sajjad Husain Shah and Justice Mazhar Hussain Minhas of the LHC’s Rawalpindi bench, earning the ire of the DBA Rawalpindi. REFERENCE: Girl’s flogging not true picture of Islam, says LHC judge By Our Reporter Sunday, 12 Apr, 2009 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/girls-flogging-not-true-picture-of-islam,-says-lhc-judge

BARELY days after the Punjab chief minister was caught playing to the Taliban gallery, another high official from the province is in the spotlight for all the wrong reasons. This time, Lahore High Court Chief Justice Khawaja Mohammad Sharif has sparked outrage for reportedly saying that Hindus were responsible for financing acts of terrorism in Pakistan. The remarks came while the judge was hearing two identical petitions against the possible extradition of Afghan Taliban suspects. It may well have been a slip of the tongue by Mr Sharif, who might have mistakenly said ‘Hindu’ instead of ‘India’ — nevertheless it was a tasteless remark to say the least. Although such remarks warrant criticism what makes them worse is the position of the person who makes them. These sort of comments are the last thing one expects to hear from a judge, that too the chief justice of a provincial high court. What sort of message are we sending to our minorities, as well as to the world, when the holder of such a respected public office makes comments that come across as thoughtless? The Hindu members of the National Assembly walked out of the house on Tuesday to protest the remarks. The members said the comments had hurt the feelings of Pakistani Hindus — and there is no doubt that they had. REFERENCE: Tactless remarks Dawn Editorial Thursday, 18 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/14-tactless-remarks-830-zj-10

ISLAMABAD: No matter what the pro-government legal minds, including some leading lights of the pre-March 15 judicial movement say, the Supreme Court of Pakistan has already declared that the power to amend the Constitution vested in parliament under Article 239 of the Constitution is not unlimited and unbridled. In another case, it has also rendered redundant a constitutional provision, which is like striking down a constitutional provision besides changing the meanings of the word “consultation” in the judges’ appointment cases just contrary to what was meant by the authors of the 1973 Constitution. Additionally in the Al-Jehad Trust case, the Supreme Court has not only changed the meaning of the word “consultation” as used in the Constitution in the provisions dealing with appointment of judges just contrary to what was meant by the authors of the Constitution but it has also rendered an article of the Constitution dealing with the transfer of a high court judge to the Federal Shariat Court against his will as redundant, which it is argued is like striking down a constitutional provision. REFERENCE: SC clear on powers of parliament to amend Constitution Sunday, April 25, 2010 Court ruled in 1998 powers are limited By Ansar Abbasi http://www.thenews.com.pk/top_story_detail.asp?Id=28483
Sunday, April 25, 2010, Jamadi-ul-Awwal 10, 1431 A.H
http://www.jang.com.pk/jang/apr2010-daily/25-04-2010/main.htm

I wonder if Mr Ansar Abbasi haven't forgotten the fate of Habib Wahabul Khairi/Al Jehad's Petition against General Musharraf and what the very present Judiciary did with the Petition of Habib Wahabul Khairi and Al Jehad Trust.

Sometimes Intellectual Dishonesty is more fatal than the Financial or Moral Corruption. Financial/Moral Corruption is mostly related with few and destroys few [I REPEAT I AM NOT CONDONING IT] but Intellectual Dishonesty destroys nations e.g. Sharifuddin Pirzada, A K Brohi and many many more. I will just restrict myself to the swinging pendulum of Mr. Ansar Abbasi's pen and journalism and will quote news/columns/opinions filed by him in all these years and every article is contradicting the earlier one. Remember one thing that Ansar Abbasi had demanded Treason Trial of Musharraf for violating article 6 of 1973 Constitution whereas shamelessly Mr. Ansar Abbasi is in favour of retaining National Accountability Bureau to hound politicians [the NAB was founded by Martial Law Regime! Where is the validity? Violation is Violation and cannot be condoned through Law of Necessity. To Proceed

Mr Ansar Abbasi was a Musharraf supporter while working for Daily Dawn:

"QUOTE"


During 1999 Mr. Ansar Abbasi was Praising General Musharraf Martial Law regime's "Alleged Reforms" when Ansar Abbasi used to be a Correspondent in Daily Dawn, he never mentioned even a single time that Impsoing Martial Law is Treason and Violation of Article 6 of 1973 Constitution of Pakistan. Read the news reports which Ansar Abbasi filed in the Daily Dawn in 1999. Not a single time Ansar adress Musharraf as CMLA but Ansar was very respectful towards "Alleged Chief Executive" Musharraf. You may not find a single personal observation by Ansar Abbasi on Constitutional Tampering by Military Regime. Musharraf was given mandate by the Judiciary to tamper with the Constitution. Everybody knows who was part of that Supreme Court Bench. REFERENCES: Special courts to try cases of accountability Ansar Abbasi 06 November 1999 Issue : 05/45 [Courtesy Daily Dawn Wire Service] http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1999/06nov99.html Musharraf approves pre-1973 authority for FPSC by Ansar Abbasi Week Ending : 29 January 2000 Issue : 06/05 [Courtesy Daily Dawn Wire Service] http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html Sharifs lose 80pc of assets, says Qureshi by Ansar Abbasi Week Ending : 16 December 2000 Issue : 06/48 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/dec1600.html - The National Accountability Bureau is Pakistan's apex anti-corruption organization. It is charged with the responsibility of elimination of corruption through a holistic approach of awareness, prevention and enforcement. It operates under the National Accountability Ordinance-1999, with its headquarter at Islamabad. REFERENCE: http://www.nab.gov.pk/

Ansar Abbasi Praising General Musharraf's Martial Law Regime's "Alleged Reforms" when Ansar Abbasi used to be a Correspondent in Daily Dawn, he never mentioned even a single time that Impsoing Martial Law is Treason and Violation of Article 6 of 1973Constitution of Pakistan

As per 1973 Constitution of Islamic Republic of Pakistan

"QUOTE"

PART I

6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.




ISLAMABAD: The newly appointed Attorney General Maulvi Anwarul Haq was deputy to the late attorney general Chaudhry Muhammad Farooq when the latter during the Nawaz Sharif’s tenure wrote to the Swiss authorities to open cases of corruption against Asif Ali Zardari, Benazir Bhutto and others. According to a source, Maulvi Anwarul Haq has servedas a deputy attorney general under Chaudhry Muhammad Farooq and was a member of the late attorney general’s team, which helped Farooq to prepare a letter that was sent to Swiss authorities with the request to open cases of corruption against Asif Ali Zardari and others. The source said the otherwise reputed Anwarul Haq, who took oath under General Musharraf’s 2007 PCO, had been made a judge of the Lahore High Court during the Nawaz Sharif tenure on the recommendations of the then chief justice Ajmal Mian and received the fullest support of Chaudhry Muhammad Farooq. In a twist of fate, Maulvi Anwarul Haq was appointed the attorney general on Tuesday in the middle of the ongoing tense situation between the judiciary and the executive over the question of once again writing to the Swiss authorities to get the Swiss cases against President Asif Ali Zardari reopened. Over four months back the Supreme Court declared the NRO void ab-initio and besides passing other directions, had also ordered the government to write to the Swiss authorities to get the corruption cases reopened. Following the promulgation of the NRO, the cases were closed by the Swiss authorities, who were approached by Justice (retd) Malik Qayyum, who served as the attorney general during 2007-08. According to the Supreme Court, Malik Qayyum had acted without any lawful authority.

Despite the clear orders of the Supreme Court and its repeated reminders, the government does not seem willing to implement the apex court order. Because of the government’s failure to write to the Swiss authorities as per the direction of the Supreme Court, the previous Attorney General Anwar Mansoor has recently resigned and held the Law Minister Babar Awan responsible for blocking to the implementation of the SC’s judgment. Interestingly now after a lapse of almost 12 years, Maulvi Anwarul Haq is faced with a strange situation where the government would expect him to question the legality of the letter that was written to the Swiss authorities by his attorney general in 1997-98, whereas the Supreme Court would continue to desire that its judgment should be implemented in letter and spirit. Of late the Law Ministry has reportedly told the Supreme Court that the letter written to the Swiss authorities in 1997-98 by the then attorney general had no legal authority. Although the Sindh High Court has already declared the said letter as valid several years ago, it is yet to be seen what Maulvi Anwarul Haq would do in this particular case, which has today become a bone of contention between the judiciary and the executive. REFERENCE: Will new AG change his stance? Wednesday, April 21, 2010 By Ansar Abbasi http://thenews.jang.com.pk/top_story_detail.asp?Id=28420

ISLAMABAD: Supreme Court Bar Association (SCBA) has filed a petition in the Supreme Court, challenging the judicial commission on judges’ appointment. Talking to media outside Supreme Court, President SCBA Qazi Anwar said that Hamid Khan, Rashid A Rizvi and he himself will appear before the court. He said the present assembly is not constitutional making body but a legislation making institution. Qazi Anwar said the Indian Supreme Court had also declared constitutional amendments as void. Replying to a question about Aitizaz Ahsan and Ali Ahmad Kurd, he denied to give the reply and said lawyers community from Chitral to Karachi stands behind them. REFERENCE: SCB challenges judges commission Updated at: 1545 PST, Wednesday, April 21, 2010 http://www.thenews.com.pk/updates.asp?id=103340
Wednesday, April 21, 2010, Jamadi-ul-Awwal 06, 1431 A.H
http://www.jang.com.pk/jang/apr2010-daily/21-04-2010/u28456.htm


BUT WHAT ABOUT THOSE PCO JUDGES WHO LEGALIZED THE MARTIAL LAW OF GENERAL PERVEZ MUSHARRAF?

DID JUDICIARY STOPPED THIS FROM HAPPENING? WHERE WERE THE SO-CALLED PRESS CLIPPINGS AND NEWS REPORTS OF MR. ANSAR ABBASI AND MR. AHMAD NOORANI WHILE NATIONAL ACCOUNTABILITY BUREAU AND ISI TINKERING WITH THE LAW AND CONSTITUTION TO DISTORT THE CONSTITUTION FOR WHICH THE SAME JUDICIARY GAVE THE CARTE BLANCHE TO THE MILITARY REGIME OF MUSHARRAF FROM 1999 TO 2007.

High treason.

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason. REFERENCE: The Constitution of the Islamic Republic of Pakistan http://www.pakistani.org/pakistan/constitution/

An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.

In his petition, the senator, on whose petition the Supreme Court had earlier validated the Oct 12, 1999, military coup by Gen Musharraf, also challenged a provision in Section 3 of the High Treason (Punishment) Act, 1973, which required the federal government to move a reference for any proceedings under high treason and said this provision was against Article 6 of the Constitution, which does not demand such condition. The petition also asked whether former army chief (Gen Musharraf) did not commit breach of his constitutional oath through his Oct 12, 1999, military coup in disregard of the Constitution and, if faith and allegiance to Pakistan means upholding the Constitution which embodies the will of the people, does it not amount to treason. - The armed forces, the petition alleged, were not only ridiculed but insulted by exploiting them only for personal gains. They were made to climb the wall of the prime minister’s house on Oct 12 and used to maintain Gen Musharraf in his extra-constitutional usurpation of power, the petition alleged. To relinquish the office of Chief Executive in accordance with the Supreme Court’s May 12, 2000 judgment, means that Gen Musharraf should have surrendered the command of the armed forces to the then Prime Minister, Mir Zafraullah Khan Jamali, after holding the general elections, but by not doing so, Gen Musharraf disobeyed and violated the order of the apex court, the petition contended. - Sayed Zafar Ali Shah submitted that General (R) Pervez Musharraf used force against the elected prime minister, overturned the entire political and democratic system, he acted against the integrity and security of the country and was liable to be punished under Article 6 of the constitution of 1973 read with Section 2 of the High Treason (Punishment) Act, 1973. REFERENCES: SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389 SC moved for Musharraf’s trial under Article 6 By Sohail Khan dated Sunday, August 23, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=24034 SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389

Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000] ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. Reference: Five judges elevated to SC Bureau Report http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five


2 – Chaudhry Iftikhar named new CJ [Daily Dawn 2005] By Our Staff Reporter ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity. Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985. In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998. Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm

As per a report by International Crisis Group "REFORMING THE JUDICIARY IN PAKISTAN" dated 16 October 2008:

"QUOTE"

Pakistan’s higher judiciary has repeatedly validated military interventions and sanctioned constitutional amendments that have fundamentally altered the legal and political system. Attempting to explain its failure to protect the constitution through the “doctrine of state necessity”, the judiciary has relied on the dubious argument that the army’s intervention could be justified because of the pressing need for political stability. This doctrine was first developed in three cases in 1955 in the Federal Court, as the Supreme Court was then known, to justify the extra-constitutional dismissal of the legislature by a titular head of state.11 Drawing on the precedent of those decisions, the Supreme Court validated General Mohammed Ayub Khan’s 1958 declaration of martial law, General Mohammad Ziaul Haq’s 1977 coup and General Pervez Musharraf’s 1999 coup. While these Supreme Court judgments gave military regimes the trappings of legality, repeated military interventions have hampered the growth of civilian institutions and moderate political parties and forces. The centralisation of power in a Punjabi-dominated army has also strained centre-province relations in a multi-ethnic, multi-regional state, even as the military’s use of religion to justify political control has undermined the security of Pakistani citizens, particularly women and religious and sectarian minorities. REFERENCE: Reforming the Judiciary in Pakistan Asia Report N°160 16 October 2008 http://www.crisisgroup.org/home/index.cfm?id=5728&l=1

VALIDATING MILITARY INTERVENTIONS

Some courageous judges, such as Supreme Court Justices Dorab Patel and Fakhruddin G. Ibrahim,15 have refused to sanctify authoritarian interventions, and preferred to resign rather than undermine constitutionalism and the rule of law. By legitimising military rule and intervention, most have, however, abdicated their duty to uphold the law. Following Musharraf’s coup, the Supreme Court was purged of judges who might have opposed the military’s unconstitutional assumption of power. Judges were required to take an oath to Musharraf’s Provisional Constitutional Order (PCO), 1999, superseding the oath they had sworn at their induction to the 1973 constitution.16 On 26 January 2000, thirteen judges, including Chief Justice Saiduzzaman Siddiqui and four other Supreme Court justices, were removed for refusing to do so. The reconstituted Supreme Court was composed of judges who willingly accepted the military’s directions. They included Iftikhar Muhammad Chaudhry, who was elevated to the Court in January 2000 and appointed chief justice by Musharraf in 2005. The judges took their oath of office under the PCO 1999, which omits the reference to their duty to “protect, uphold and defend” the 1973 constitution. On 21 May 2000, this bench upheld the legality of Musharraf’s coup under the doctrine of state necessity. The Supreme Court also authorised the army chief to amend the constitution, albeit within the bounds of its federal, democratic and parliamentary character. The Court also concluded that those judges who had been sacked following the PCO oath had lost any right to challenge their removal due to the passage of time. By placing personal survival over the rule of law and constitutionalism, these judges allowed another dicta tor to implement sweeping changes that expanded the military’s political powers and hold over the state. REFERENCE: Reforming the Judiciary in Pakistan Asia Report N°160 16 October 2008 http://www.crisisgroup.org/home/index.cfm?id=5728&l=1

Like Zia’s Eighth Amendment, Musharraf’s Seventeenth Amendment, passed by a rubber-stamp parliament in December 2003, enshrined all executive orders and changes made under military rule.21 The Seventeenth Amendment gave the president, the titular head of state, the power to dismiss elected governments and parliament and also transferred from the prime minister, the head of government, key appointment powers to the president including appointments of governors, the three service chiefs and the chief justice of the Supreme Court. Musharraf’s constitutional distortions weakened civilian institutions. By sidelining secular democratic forces, the military government also enabled right-wing religious parties to fill the vacuum. In dismissing legal challenges to Seventeenth Amendment, the Supreme Court shirked its responsibility to protect constitutional rule. REFERENCE: Reforming the Judiciary in Pakistan Asia Report N°160 16 October 2008 http://www.crisisgroup.org/home/index.cfm?id=5728&l=1


"UNQUOTE"

What a joke! On one hand the "Judicairy" orders the NAB to write letter to the Swiss Government and then the same "Judiciary" also say "Swiss officials do not acknowledge the NAB’s law"

ISLAMABAD: The Supreme Court (SC) said the letter of National Accountability Bureau (NAB) addressed to the authorities in Geneva, should have been routed from the Law Ministry with due approval from Prime Minister Syed Yousuf Raza Gilani, Geo News reported Thursday. A seven-member SC bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the case regarding the implementation of the apex court’s decision on National Reconciliation Ordinance (NRO). The CJ Chaudhry said the modus operandi of the letter was not right, as the government of Pakistan is absolutely absent in process of the letter sent to the Swiss officials. The Attorney General told the court that the law Ministry has NAB’s letter, which would be sent as per legal procedure. Justice Tariq Pervaiz said the letter on restoration of Swiss cases should have been sent from the government of Pakistan. Justice Khalilur Rehman Ramday said in his remarks said the Swiss officials do not acknowledge the NAB’s law; therefore, the court ordered the Law Ministry to send letter to Swiss officials with the approval from the PM Gilani. The Attorney General has been directed to immediately call the Law Secretary at his chamber and bring new letter to the court by 1pm today after deciding the modus operandi of the same. The court ordered that the special messenger should be sent wit the letter. ISLAMABAD: The Supreme Court of Pakistan (SC) on Thursday directed Federal Secretary Law to present report pertaining to reopening of Swiss cases till April 05, Geo News reported. In his remarks, Chief Justice Iftikhar Muhammad Chaudhary said the issue of letter writing to Swiss government should be resolved by tomorrow. The AG said this to the Supreme Court, which, after an interval, started hearing the case regarding the implementation on the SC's verdict on National Reconciliation Ordinance (NRO). The AG said in his statement to the court that he is faced with hardships in getting the documents relating the Swiss cases from the Law Ministry. The Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry asked him as to who is responsible for these problems. It is the Law Ministry, he replied. The CJ asked if also the Law Minister is posing as stumbling block. The AG responded Affirmatively. The court told the AG, 'Your account has been recorded; now, you may go and tell the law ministry.' The court then called Law Secretary Justice Aqil Mirza (retd) for explanation. Daily bickering is not good, CJ remarked. You must sent case against Malk Qaym to NAB, he ordered Secretary. Law Secretary told the court that the Law Minister has not talked to AG for a week. CJ then remarked that SC is interested in getting its NRO verdict implemented. SC instructed Law Secretary to finalize the documents relating to reopening of Swiss cases in coordination with AG by tomorrow and submit complete report by April 05 about the steps taken in this regard. The hearing was then adjourned. REFERENCE: SC wants letter to be sent with PM approval Updated at: 1120 PST, Thursday, April 01, 2010 http://thenews.jang.com.pk/updates.asp?id=101946 Swiss cases: SC seeks report till April 05 Updated at: 2020 PST, Thursday, April 01, 2010 http://thenews.jang.com.pk/updates.asp?id=101992

GENEVA: Pakistan has not asked Swiss authorities to reopen a corruption case against President Asif Ali Zardari, Geneva's public prosecutor said on Wednesday. In any case, Zardari enjoys immunity from prosecution as a head of state, Prosecutor-General Daniel Zappelli told Reuters. “I have not received any request,” Zappelli said, commenting on news from Islamabad that Pakistan's anti-corruption agency would ask the Swiss to revive the case. Zappelli said that Pakistan's embassy in Switzerland had officially notified him in June 2008 of a decision by Pakistan's prosecutor-general in April of that year to withdraw proceedings against Zardari. He said that Pakistan's prosecutor-general had decided that the contracts at the heart of the kickbacks case had been awarded in good faith. “In Pakistan they decided that no crime had been committed,” he said. Zappelli also noted that Zardari and Bhutto had been sentenced by the High Court in Lahore in 1999, but in 2001 Pakistan's Supreme Court had cancelled this verdict and sent it back to Lahore for a new decision. However, there had not been a new trial in the nine years since then. A trial for money-laundering in Switzerland would have to be based on the proceeds of criminal activity, but that would require proof that a crime had been committed, he said. In any case under international law Zardari enjoyed immunity from prosecution as a head of state - unless that state itself lifts the immunity. “Immunity is the key question,” Zappelli said. “We can't prosecute Mr Zardari while he has immunity unless Pakistan lifts that immunity. And if he doesn't have immunity, why don't they try him in Pakistan?” REFERENCES: Swiss deny receiving request to reopen Zardari case Wednesday, 31 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/03-swiss-deny-receiving-request-to-reopen-zardari-case-ss-08 Impossible to proceed, says Swiss prosecutor Thursday, 01 Apr, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/impossible-to-proceed,-says-swiss-prosecutor-140

AND THE SAME PAKISTANI JUDICIARY AND JUDGES WERE VERY PLIANT AND OBEDIENT UNDER THE MARTIAL LAW REGIME FROM 1999 TO EVEN NOW.

ISLAMABAD, Nov 15 (Reuters, AP) — A parliamentary member of Pakistan’s former ruling party filed a petition before the Supreme Court on Monday challenging last month’s military coup that toppled Prime Minister Nawaz Sharif, court sources said. They said the country’s top court was yet to fix a date to consider admissibility of the petition by Zafar Ali Shah, a member of the suspended National Assembly. It is the first legal challenge to the bloodless October 12 coup that installed Army Chief Gen Pervez Musharraf as Chief Executive. Mr Shah told reporters that he had requested the court to declare the military takeover "illegal and unconstitutional", and order the restoration of Mr Sharif’s government that was dismissed by General Musharraf and of the two-chamber National Parliament and four provincial assemblies that were suspended. He said another petition against the coup would be filed later by Mr Sharif’s Pakistan Muslim League (PML) Party. Today’s petition coincided with a court hearing in the port city of Karachi, where the police told a judge that Mr Sharif was not in their custody. Mr Sharif has been under detention at a secret location, thought to be near Islamabad, since the military coup that overthrew his government on October 12. The police said last week they expected he would be moved to Karachi today.

KARACHI: Four former allies of deposed Premier Nawaz Sharif pleaded not guilty on Monday to charges of treason and hijacking. Mr Sharif, who was reportedly transferred to the southern port city of Karachi yesterday, did not appear in court. His whereabouts is not known. Mr Sharif has been in army custody since the military overthrew his government in a coup on October 12. Last week, the army filed charges against Mr Sharif and seven other men in connection with an incident in which the passenger aircraft returning Army Chief Gen Pervez Musharraf to Pakistan was refused landing permission in Karachi. The aircraft was allowed to land after the army took control of the airport control tower, but fuel aboard the aircraft had run perilously low. According to the charge sheet against Mr Sharif, there were only seven minutes of fuel remaining. General Musharraf said the refusal to allow the aircraft to land endangered his life as well as those of 200 passengers and crew on board. Appearing in court today were Ghaus Ali Shah, a former advisor to Mr Sharif on southern Sindh provincial affairs, Aminuddin Chaudhry, former chairman of the Civil Aviation Authority, Shahid Khaqan Abbasi, former head of the National Pakistan International Airlines, and Rana Maqbool, former Sindh provincial police chief.

"There is no truth to the charges," said Mr Shah, who was represented by a lawyer.


It’s not known when Mr Sharif will be taken to court or why he was not among those in court today. Another report said the police told the judge that the ousted Pakistani Prime Minister was not in its custody. "When the issue was raised by Mr Nawaz Sharif’s lawyer, the police simply said that he had not been arrested by them," said an official of the anti-terrorist court. The official, who asked not to be identified, said the police did not say when Mr Sharif would be brought to the court or formally arrested. Mr Sharif’s lawyer Iqbal Raad told reporters that the police gave the court no evidence and did not say where Mr Sharif was. "They (police) have nothing against Mr Sharif. They have nothing against him to link him to this case," Mr Raad said. Public Prosecutor Feroz Mehmood Bhatti said Mr Sharif would be brought to the court only after he was formally arrested by the police in Karachi. "He has not been arrested yet so there is no question of telling the court about evidence against him," Mr Bhatti said. The four others accused with Mr Sharif were formally arrested on Saturday. The police requested custody of them so they could be interrogated and the court said it would rule on the request later. REFERENCE: Court moved on Pak takeover Sharif’s ex-allies plead not guilty Tuesday, November 16, 1999 http://www.tribuneindia.com/1999/99nov16/world.htm#1

ISLAMABAD, Dec 1: Supreme Court on Wednesday set up a five-member bench to hear petitions challenging the ousting of premier Nawaz Sharif in a military takeover in October, officials said. The bench, led by Chief Justice Saeed-uz-Zaman Siddiqui will hear four identical petitions on Monday, they said. Four other judges in the bench are Mohammad Bashir Jahangiri, Nasir Aslam Zahid, Abdur Rehman Khan and Wajeeh-ud-Din Ahmed. The petitions were filed last month by Sharif's Pakistan Muslim League (PML) and three lawyers, Syed Zafar Ali Shah, a member of suspended National Assembly, Iqbal Haider of Muslim Welfare Movement and Wahabul Khairi, an advocate. The PML, which called the army action "illegal and unconstitutional", has asked the court to set aside the overthrow of Sharif's government. It has also asked the court to overturn the suspension of the federal and provincial assemblies. PML lawyers said the petition had challenged all actions taken by General Musharraf since military takeover on October 12. General Pervez Musharraf proclaimed a state of emergency two days after the military takeover, suspended the constitution and parliament and declared himself chief executive. The general also issued an order prohibiting the Supreme Court and high courts from taking action against him.-AFP REFERENCE: Supreme Court bench to hear petitions against coup DAWN WIRE SERVICE Week Ending:04 December 1999 Issue:05/49 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1999/04dec99.html#supr

- Mr Justice Irshad Hassan Khan ISLAMABAD: 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 Wednesday. 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). Mr Justice Irshad Hassan Khan was administered oath by President Rafiq Tarar at Aiwan-e-Sadr. Six other judges of the Supreme Court and the entire fleet of judges of the Federal Shariat Court also took oath under the PCO. All the four judges of the Federal Shariat Court (FSC) were also administered oath. Out of the existing strength of 102 judges of the entire superior judiciary, around 89 judges were administered the new oath on Wednesday. The ceremony was attended among others by Chief Executive General Pervaiz Musharraf, federal ministers, members of National Security Council and senior civil and military officials. Those who took new oath "will discharge their duties and perform their functions honestly and to the best of their abilities and faithfully in accordance with the Proclamation of Emergency of the October 14, 1999, the PCO No. 1 of 1999 as amended, this order and the law," the new oath says.

It adds: "That I will abide by the provisions of the Proclamation of Emergency of the 14th day of October, 1999, the Provisional Constitution Order No. 1 of 1999 as amended this Order and the Code of Conduct issued by the Supreme Judiciary Council." Sixty-two-year-old Chief Justice Siddiqui, who refused to take the oath, said, "I have no regrets about my decision. There is no question of my taking the oath. That was absolutely clear to everybody." The Tuesday midnight move was seen by many as a repeat to what the last military ruler, General Ziaul Haq, did in early 1980s. At that time few of the judges also refused to take oath. "Whatever has happened is in the interest of the country," said Chief Executive General Pervaiz Musharraf, who attended the swearing-in ceremony for the new chief justice of Pakistan and other judges at the Aiwan-e-Sadr. He, however, reserved further comments, though Law Minister and Attorney General Aziz A Munshi said, "Things have happened as situation warranted." He added, "It is their own choice." He was asked about the judges who did not take oath.

By and large, the lawyer community believed that this move has created a "sharp division" in the superior judiciary. Pakistan Muslim League, which is likely to face the music the most, described this decision as the "blackest spot" in the country's judicial history. "Now the country has put under real martial law," said top PML leader Raja Zafarul Haq. 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).

New appointments in the superior judiciary are expected to take place shortly.

Reacting to the oath-taking, Jamaat-e-Islami chief Qazi Hussain Ahmed said, "The country seems to have plunged into a more complicated constitutional crisis." The swearing-in ceremonies were held at the Aiwan-e-Sadr and the respective governor houses in the provinces. 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. Twenty-four judges and Chief Justice of the LHC Mr Justice Rashid Aziz Khan took oath at the Governor House, while 11 judges in Multan and five in Rawalpindi were administered 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 Provisional Constitutional Order (POC) in Karachi on Wednesday. The remaining 22 judges, including Chief Justice Mr Justice Nazim Hussain Siddiqui, took fresh oath in two ceremonies held at the Sindh Governor House and the SHC Committee Room. The official announcement regarding fresh oath of the judges of superior judiciary, including Federal Shariat Court, was made on Tuesday night. Due to this late-night announcement, three judges -- Mr Justice Rana Bhagwandas, Mr Justice Ghulam Nabi Soomro and Mr Justice Musheer Alam -- who were holding sittings at Sukkur and Hyderabad circuit benches could not attend the oath-taking ceremony at Governor House. They, however, were later administered fresh oath by the chief justice in the SHC building.

Mr Justice Dr Ghous Muhammad, Mr Justice Rasheed Ahmed Razvi and Mr Justice Mushtaq Ahmed Memon held sitting at the principal seat of SHC in Karachi on Wednesday, but they discharged the respective boards when they were told that they were not being invited to take fresh oath under the PCO. Mr Justice Rasheed Ahmed Razvi and Mr Justice Dr Ghous Muhammad left for their homes soon after discharging their boards while Mr Justice Mushtaq Ahmed Memon stayed in his chamber till late in the afternoon. Earlier, Chief Justice Mr Justice Nazim Hussain Siddiqui and 18 other judges were invited to Sindh Governor House to take oath under PCO. Governor Sindh Air Marshal (retd) Azeem Ahmed Dauodpota administered the oath to Chief Justice Mr Justice Nazim Hussain Siddiqui. After taking fresh oath, Mr Justice Nazim Hussain Siddiqui administered oath to 18 judges at Governor House in a simple but impressive ceremony.

The judges who took oath at Governor House included Mr Justice Syed Deedar Hussain Shah, Mr Justice Amanullah Abassi, Mr Justice Hamid Ali Mirza, Mr Justice Abdul Hameed Dogar, Mr Justice Sayyed Saeed Ash'had, Mr Justice Sabihuddin Ahmed, Mr Justice Abdul Ghani Shaikh, Mr Justice Mohammad Roshan Essani, Mr Justice Shamim Ahmed Sarwana, Mr Justice Zahid Kurban Alvi, Mr Justice Shabbir Ahmed, Mr Justice Ata-ur-Rehman, Mr Justice Ghulam Rabbani, Mr Justice Sarmad Jalal Osmani, Mr Justice Anwer Zaheer Jamali, Mr Justice SA Rabbani, Mr Justice M Ashraf Laghari and Mr Justice Wahid Bux Brohi. Mr Justice Rana Bhagwandas, Mr Justice Ghulam Nabi Soomro and Mr Justice Musheer Alam were administered oath at the SHC building in the afternoon by Chief Justice Mr Justice Nazim Hussain Siddiqui.

The office-bearers and members of Sindh High Court Bar Association and Sindh Bar Council were not invited to attend the oath-taking ceremonies at Governor House and SHC. Later Chief Justice Mr Justice Nazim Hussain Siddiqui congratulated the judges who took fresh oath. 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 Provisional Constitutional Order (PCO) on Wednesday. Balochistan Governor Justice (retd) Amirul Mulk Mengal administered the oath. The oath-taking ceremony was held at the Governor House here. The BHC judges who took oath under the PCO included BHC Chief Justice Mr Justice Iftikhar Muhammad Chaudhry, Mr Justice Javed Iqbal, Mr Justice Raja Fayyaz Ahmed, Mr Justice Amanullah Khan and Mr Justice Fazlur Rehman. Prominent amongst the guests who witnessed the oath-taking ceremony were Corps Commander Quetta Lieutenant General Mushtaq Hussain, Advocate General Balochistan Ashraf Tanoli, President BHC Bar Association Hadi Shakil Ahmed, provincial ministers and other senior military and civil officials. In the NWFP, Governor Lt-Gen (retd) Muhammad Shafiq administered oath to Chief Justice of Peshawar High Court Mr Justice Mian Muhammad Ajmal, who later administered oath to 9 other judges. REFERENCE: Justice Irshad replaces Justice Saeeduzzaman as Chief Justice of Pakistan DAWN/The News International, KARACHI 27 January 2000, Thursday, 19 Shawwal 1420 http://www.karachipage.com/news/Jan_00/012700.html

PCO ORDER FROM MILITARY REGIME OF MUSHARRAF: Provisional Constitution Order No. 1 of 1999 Issued 1 a.m. (Pakistan Standard Time), October 15, 1999 ORDER NO. 1 OF 1999 No. 2-10/99-Min. I. Dated 14th October, 1999 http://www.pakistani.org/pakistan/constitution/post_12oct99/pco1_1999.orig.html

Good Old Days of Mr. Justice Iftikhar Muhammad Chaudhry [During Martial Law of General Musharraf] Courtesy Dawn Wire Service [Complete PCO Bench] Read how Martial Law was Justified by the Judges and Iftikhar Muhammad Chaudhry was part of the bench:

ISLAMABAD, March 1: The Chief Justice of Pakistan, Irshad Hasan Khan, on Wednesday observed that when the politicians are in power, they try to become dictators but when they are out of power, they become champions of the rule of law. Presiding over a 12-member bench seized of the seven petitions challenging the military takeover, the chief justice directed the attorney general to provide details of the expenditure on holding elections, including the expenses made by the candidates on their election campaigns. The Supreme Court announced that it would decide the issue of maintainability and merits of the case simultaneously. The chief justice said the court had entertained the petitions. The bench started regular hearing of the petitions on Wednesday. The court first took up the petition of Syed Zafar Ali Shah, suspended MNA of PML from Islamabad. The representative petition of PML would be taken next and Khalid Anwer would argue the case on behalf of the party. Other petitions before the court are of Syed Imtiaz Hussain Bukhari, challenging the PCO; Fazal Ellahi Siddiqui, challenging the PCO; Shahid Orakzai, seeking restoration of Senate, office of speakers and provincial assemblies; Al-Jehad Trust, seeking restoration of Constitution to the extent of judiciary; and Syed Iqbal Haider of MWM, seeking validation of PCO. The bench consisted of Justice Irshad Hasan Khan, Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Abdur Rehman Khan, Justice Sheikh Riaz Ahmad, Justice Chaudhry Mohammad Arif, Justice Munir A. Sheikh, Justice Rashid Aziz Khan, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq and Justice Rana Bhagwandas. The chief justice made it clear at the outset that the counsels should try to be relevant and unnecessary repetition of arguments should be avoided. He said the whole work of the court was suspended due to the present case. Chaudhry Farooq, the counsel of Mr Shah, said that on the last hearing the petitioner had apprehended that the judges of the court would be asked to take fresh oath under the PCO and his apprehensions proved to be true. He said the PCO (1) of 1999 and subsequent orders were unconstitutional, having no force of law.

The chief justice asked the parties to avoid mud-slinging, and added that: “we will perform our function without intimidation.” He observed that the bar and the bench were integral part of the chariot of justice. He said his effort was to save the system and referred to the decisions of the Chief Justices Committee. The counsel said: “Pakistan was a gift of our forefathers, but unfortunately the rule of law had been interrupted at regular intervals. In its total life, Pakistan had suffered military rule for 30 long years”. He said the government in its reply to the petitions had said that the elections of Feb 3, 1997, were farce. The elections in which PML obtained heavy mandate were monitored by the observers across the globe, he said, and added the armed forces were employed to supervize the elections. On the court’s query, Barrister Khalid Anwar stated that 36 per cent of voters used their right of franchise in the 1997 elections. Chaudhry Farooq said if the government of Khawaja Nazimuddin would not have been dismissed, the fate of Pakistan would have been different. He said Pakistan was created with the force of vote and not through any military operation. “Both citizens and soldiers are subject to Constitution alike.” Referring to Article 6 of the Constitution, he said abrogating the Constitution was treachery with the country. When he stated that the respondents had not replied to the Politicians in power try to be dictators: CJ challenge he raised in the petition, the chief justice observed that the counsel was trying to be hyper technical. The CJ made it clear to the counsel that notice of the case to the chief of the army staff was there.The counsel said he was firm believer that the Kafir (infidel) could not be a friend of Muslim and Hindus being Kafir could not be trusted. When the counsel referred to a judgment from the Indian jurisdiction, the court asked him not to cite Indian judgments in the present case. When the counsel started reading an old judgment from Pakistani jurisdiction, the chief justice asked the counsel to first read the speech of the chief executive in which he had spelt out the reasons which forced him to come into power. The counsel was still reading the speech of Gen Musharraf when the court rose to assemble again on Thursday (March 2). REFERENCE: Politicians in power try to be dictators, says CJ Bureau Report [DAWN WIRE SERVICE Week Ending : 4 March 2000 Issue : 06/10 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html

JUDICIARY UNDER MARTIAL LAW


ISLAMABAD, Feb 28: The Chief Justice of Pakistan, Irshad Hasan Khan, on Monday constituted the Supreme Judicial Council, and determined the seniority of the chief justices of the high courts. According to an order passed by the chief justice in his administrative capacity, the Supreme Judicial Council had been constituted. The members of the council are: Chief Justice Irshad Hasan Khan (chairman), Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Mian Mohammad Ajmal, and Justice Mian Allah Nawaz. Only four cases were referred to the council in the last 52 years. The last case of the Lahore High Court judge, Justice Shiekh Shaukat, was referred about two decades ago. According to a press release issued by the Supreme Court, the chief justice has institutionalized the decision-making process relating to administrative matters and decentralized his powers. Justice Bashir Jehangiri, senior judge of the Supreme Court, has been delegated financial powers of the chief justice to sanction expenditure up to Rs30,000. Justice Jehangiri would assist the chief justice in matters relating to the administration of the Supreme Court and proposals for improving and strengthening the administration of justice.
Other judges of the Supreme Court are also delegated different duties, such as chairmen of different committees and members of the universities’ syndicates. The chief justice also determined the inter seniority of the chief justices of high courts. They are (seniority wise): Justice Mian Mohammad Ajmal, chief justice of the Peshawar High Court; Justice Mian Allah Nawaz, chief justice of the Lahore High Court; Justice Syed Deedar Hussain, chief justice of the Sindh High Court; and Justice Javed Iqbal, chief justice of the Balochistan High Court. POWERS DECENTRALIZED: The Chief Justice of Pakistan, Mr. Justice Irshad Hasan Khan, has taken several steps to decentralise his powers and institutionalise decision making relating to administration to further improve performance and smooth functioning of the judiciary, adds APP. He has delegated his powers to the following judges for smooth functioning of courts.

1- Mr. Justice Muhammad Bashir Jehangiri, Senior Puisne Judge:

(i) Has been delegated financial powers of the Chief Justice to sanction expenditure upto Rs. 30,000/-

(ii) To assist the Chief Justice in matters relating to the administration of the SC and proposals for improving and strengthening the system of administration of justice.

2- Mr. Justice Sheikh Ijaz Nisar:

(i) Chairman, Building Committee at Lahore, Karachi, Peshawar and Islamabad.

(ii) Chairman, Federal Review Board

3- Mr. Justice Abdur Rehman Khan:

(i) Chairman, Disciplinary Committee of the Pakistan Bar Council

(ii) Member, Building Committee of Peshawar Building

(iii) Judge-in-charge Complaints

4- Mr. Justice Sheikh Riaz Ahmad:

(i) Member, Syndicate of the Quaid-i-Azam University

(ii) Member, Building Committee at Islamabad

(iii) Judge-in-charge of Computers

(iv) Member, Federal Review Board

(v) Member, Lahore Building Committee

Continued on Page 11

5- Mr. Justice Chaudhry Muhammad Arif:

(i) Judge-in-Charge, Federal Judicial Academy

(ii) Judge-in-charge of the Library

(iii) Chairman of the Library Committee

6- Mr. Justice Munir A Sheikh:

(i) Judge-in-charge of Pakistan Law Commission regarding initiation of proposals for law reform.

(ii) Chairman, Enrolment Committee of Pakistan Bar Council.

(iii) Judge-in-charge for Welfare of retired Judges in Lahore/Islamabad

(iv) Chairman, Election Tribunal, Pakistan Bar Council

7- Mr. Justice Rashid Aziz Khan:

(i) Member, Executive Council of the Allama Iqbal Open University

(ii) Member, Building Committee at Lahore

(iii) Chairman, Disciplinary Tribunal of the Pakistan Bar Council

8- Mr. Justice Nazim Hussain Siddiqui:

(i) Judge-in-charge for Welfare of retired Judges in Karachi

(ii) Member of the Building Committee at Karachi

9- Mr. Justice Iftikhar Muhammad Chaudhry:

Judge-in-charge for Affairs of Staff Welfare

10- Mr. Justice Qazi Muhammad Farooq:

Judge-in-charge for Welfare of retired Judges in Peshawar

11- Mr. Justice Rana Bhagwandas:

Member of the Library Committee. REFERENCE: Seniority of Chief Justices determined Bureau Report [ DAWN WIRE SERVICE Week Ending : 4 March 2000 Issue : 06/10 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html

Incumbent CJ in the company of sacked PCOed CJ Abdul Hameed Dogar!

ISLAMABAD, March 16: Raja Anwar, counsel for Benazir Bhutto, on Friday argued that his client was convicted only because Nawaz Sharif, the then prime minister, wanted her to leave politics. Addressing a seven-member SC bench, hearing appeals of Benazir Bhutto and Asif Zardari against their conviction, Raja Anwar argued that the Ehtesab Bench, comprising Justice Malik Qayyum and Justice Najmul Hasan Kazmi, had convicted his client on the basis of documents which were inadmissible. The process of awarding pre-shipment inspection contract which was set in motion in 1992 during the Nawaz Sharif government, culminated in 1994, the counsel said.

The counsel said there was no violation of Financial Rules of the Government of Pakistan in the award of tenders. He said tenders could only be rejected after assigning any reasons in writing. When he referred to rule 90 of Pakistan’s Financial Rules, Justice Bashir Jehangiri observed that in Pakistan every contract was awarded in violation of rules. At the end of every tender notice it was written that the competent authority reserved the right to reject the bids without assigning any reason. He said his client did not grant the contract, rather it approved it. The contract was awarded by Nawaz Sharif who had issued letter of intent before he was removed from office. The seven-member bench consists of Justice Bashir Jehangiri, Justice Sheikh Riaz Ahmad, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq, and Justice Abdul Hameed Dogar.

Responding to court’s question about Jens Schlegelmilch’s stay in Islamabad in Aug 1994, Raja Anwer said that there was nothing on record to show that the alleged frontman of Asif Zardari, Jens Schlegelmilch, met Benazir Bhutto. Justice Nazim Hussain Siddiqui observed whether it was possible for any official to investigate the sitting prime minister, the counsel said that his client was not prime minister at the time when investigations were being conducted. On conclusion of the proceedings on Friday, the court asked Raja Anwer to conclude his arguments by Monday as many other cases are suffering because of lengthy hearing of the case. The counsel, who had earlier indicated that he would conclude by Friday, said that he needed at least one more day to conclude his arguments. Raja Anwer assured the court that he would conclude his arguments by Monday next. The court will resume hearing on Monday, March 19. REFERENCE: A political conviction: counsel Rafaqat Ali DAWN WIRE SERVICE Week Ending : 17 March 2001 Issue : 07/11 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/mar1701.html



ISLAMABAD, April 6: The Supreme Court on Friday set aside corruption convictions awarded by the LHC’s Ehtesab bench to Benazir Bhutto and Asif Zardari, and ordered a retrial of the case. In a short order, the seven-member bench accepted the appeals of Ms Bhutto and Mr Zardari against the 1999 conviction. The detailed judgment would be announced later. The former prime minister and the suspended senator had requested the apex court to acquit them honourably. Justice Bashir Jehangiri, presiding judge of the bench, announced the verdict at 10.50am: “Reason to be recorded later in the detailed judgment, we accept the appeals and set aside the impugned judgment recording conviction against and awarding sentences to the appellants, and send the case to a court of competent jurisdiction for retrial.” On April 15, 1999, an Ehtesab bench consisting of Justice Malik Qayyum and Najmul Kazmi of the Lahore High Court had convicted Ms Bhutto and Mr Zardari. They were sentenced to undergo five years’ simple imprisonment each, and pay $8.6 million fine each. The Ehtesab bench had ordered their disqualification as members of parliament for five years, and forfeiture of their property made with money acquired through corruption.

The Ehtesab bench had held that the pre-shipment inspection contract to the Swiss company, SGS, had been awarded by the former prime minister “alone” at the behest and abetment with Mr Zardari. The prosecution case was that the contract had been awarded in consideration of 6 per cent commission of the total amount received by the SGS from the government of Pakistan. The prosecution had alleged that the commission had been paid to an offshore company, Bomer Finance Inc., owned by Mr Zardari through his fiduciary agent Jens Schlegelmilch. The ultimate beneficiaries of the commission were Mr Zardari and Ms Bhutto, according to prosecution. Farooq Hameed Naek, counsel for appellants, said after the judgment: “I am satisfied … but not happy. I was expecting honourable acquittal but this is the court’s judgment.” The military government had inherited the case from the PML government and defended the judgment vehemently, spending over Rs10 million in legal fees and other expenses. The Supreme Court bench consisted of Justice Bashir Jehangiri, Justice Sheikh Riaz Ahmed, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq, and Justice Abdul Hameed Dogar. SC orders retrial of Benazir, Asif Rafaqat Ali DAWN WIRE SERVICE Week Ending : 07 April 2001 Issue : 07/14 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/apr0701.html

A Press Clipping/News Report written by Lawyers from Wall Street Journal on Pakistani Judiciary.

"QUOTE"

When U.S. President Barack Obama sharply challenged a recent Supreme Court decision in his State of the Union address, prompting a soto voce rejoinder from Justice Samuel Alito, nobody was concerned that the contretemps would spark a blood feud between the judiciary and the executive. The notion that judges could or would work to undermine a sitting U.S. president is fundamentally alien to America's constitutional system and political culture. Unfortunately, this is not the case in Pakistan.Supreme Court Chief Justice Iftikhar Mohammed Chaudhry, the country's erstwhile hero, is the leading culprit in an unfolding constitutional drama. It was Mr. Chaudhry's dismissal by then-President Pervez Musharraf in 2007 that triggered street protests by lawyers and judges under the twin banners of democracy and judicial independence. This effort eventually led to Mr. Musharraf's resignation in 2008. Yet it is now Mr. Chaudhry himself who is violating those principles, having evidently embarked on a campaign to undermine and perhaps even oust President Asif Ali Zardari.

Any involvement in politics by a sitting judge, not to mention a chief justice, is utterly inconsistent with an independent judiciary's proper role. What is even worse, Chief Justice Chaudhry has been using the court to advance his anti-Zardari campaign. Two recent court actions are emblematic of this effort. The first is a decision by the Supreme Court, announced and effective last December, to overturn the "National Reconciliation Ordinance." The NRO, which was decreed in October 2007, granted amnesty to more than 8,000 members from all political parties who had been accused of corruption in the media and some of whom had pending indictments. While some of these people are probably corrupt, many are not and, in any case, politically inspired prosecutions have long been a bane of Pakistan's democracy. The decree is similar to actions taken by many other fledgling democracies, such as post-apartheid South Africa, to promote national reconciliation. It was negotiated with the assistance of the United States and was a key element in Pakistan's transition from a military dictatorship to democracy. Chief Justice Chaudhry's decision to overturn the NRO, opening the door to prosecute President Zardari and all members of his cabinet, was bad enough. But the way he did it was even worse. Much to the dismay of many of the brave lawyers who took to the streets to defend the court's integrity last year, Mr. Chaudhry's anti-NRO opinion also blessed a highly troubling article of Pakistan's Constitution—Article 62. This Article, written in 1985, declared that members of parliament are disqualified from serving if they are not of "good character," if they violate "Islamic injunctions," do not practice "teachings and practices, obligatory duties prescribed by Islam," and if they are not "sagacious, righteous and non-profligate." For non-Muslims, the Article requires that they have "a good moral reputation."

Putting aside the fact that Article 62 was promulgated by Pakistan's then ruling military dictator, General Zia ul-Haq, relying on religion-based standards as "Islamic injunctions" or inherently subjective criteria as "good moral reputation" thrusts thePakistani Supreme Court into an essentially religious domain, not unlike Iranian Sharia-based courts. This behavior is profoundly ill-suited for any secular court. While Article 62 was not formally repealed, it was discredited and in effect, a dead letter. The fact that the petitioner in the NRO case sought only to challenge the decree based on the nondiscrimination clause of the Pakistani Constitution and did not mention Article 62 makes the court's invocation of it even more repugnant. Meanwhile, the decision's lengthy recitations of religious literature and poetry, rather than reliance on legal precedent, further pulls the judiciary from its proper constitutional moorings. The second anti-Zardari effort occurred just a few days ago, when the court blocked a slate of the president's judicial appointments. The court's three-Justice panel justified the move by alleging the president failed to "consult" with Mr. Chaudhry. This constitutional excuse has never been used before. It is well-known in Islamabad that Mr. Zardari's real sin was political, as he dared to appoint people unacceptable to the chief justice. Since consultation is not approval, Mr. Chaudhry's position appears to be legally untenable. Yet Mr. Zardari, faced with demonstrations and media attacks, let Mr. Chaudhry choose a Supreme Court justice.

There is no doubt that the chief justice is more popular these days than the president, who has been weakened by the split in the political coalition which brought down Mr. Musharraf. Former Prime Minister Nawaz Sharif is now a leading opponent of the regime. There is a strong sense among the Pakistani elites that Justice Chaudhry has become Mr. Sharif's key ally. The fact that Mr. Chaudhry was a victim of an improper effort by former President Musharraf to replace him with a more pliant judge makes his current posture all the more deplorable. His conduct has led some of his erstwhile allies to criticize him and speak of the danger to democracy posted by judicial meddling in politics. The stakes are stark indeed. If Mr. Chaudhry succeeds in ousting Mr. Zardari, Pakistan's fledgling democracy would be undermined and the judiciary's own legitimacy would be irrevocably damaged. Rule by unaccountable judges is no better than rule by the generals. REFERENCE: Judicial Coup in Pakistan - Once a democratic champion, the Chief Justice now undermines the elected government. by DAVID B. RIVKIN JR. AND LEE A. CASEY FEBRUARY 23, 2010, 7:51 P.M. ET http://online.wsj.com/article/SB10001424052748704057604575080593268166402.html Messrs. Rivkin and Casey, Washington, D.C.-based attorneys, served in the Department of Justice during the Ronald Reagan andGeorge H.W. Bush administrations.

"UNQUOTE"


BLIND AND RAMPAND JUSTICE - Chief Justice threatened Sharif [Time Weekly]

To his supporters, and there are many, Pakistan’s Supreme Court Chief Justice Iftikhar Chaudhry is a hero, a man of honor who stood up for an independent judiciary and defied the diktats of former President Pervez Musharraf — and who continues to hold the political establishment accountable. To his detractors, however, Chaudhry is an activist jurist with unbridled powers, a populist with grandiose political ambitions. In a country where politics can get very personal, the Chief Justice’s relationships with the pillars of civilian and military power, President Asif Ali Zardari and Army Chief of Staff General Ashfaq Kayani respectively, could be important in shaping Pakistan’s transition from de facto military rule to civilian democracy. And those relationships are likely to be tested in the tussle over a package of wide-ranging constitutional reforms that was due to be introduced to parliament on Friday, whose purpose is to reverse changes made by previous military rulers, trim the power of the presidency, and alter the procedure for Supreme Court appointments. The bill would take Supreme Court appointments out of the hands of the president, who now makes nominations after consulting with the chief justice, and place them before a government legal committee that also includes several justices. Unlike the present system, judges would have to be confirmed by a parliamentary vote. The proposed reforms have widened the rift between Chaudhry and the government that has grown since the Chief Justice last year struck down amnesty decrees by Musharraf that protected many senior figures in government — including Zardari himself once out of office — from prosecution on corruption charges. And some saw the Chief Justice’s hand in the eleventh-hour stalling of parliamentary debate on the package on Friday by opposition leader Nawaz Sharif, who objected to proposals on the selection of judges. Sharif’s opposition, some senior politicians suggest, results from being pressured by Chaudhry, who is allegedly opposed to having his own power in the selection of judges curtailed. “The chief justice threatened [Sharif]. He said he’d open up all cases against him,” a senior leader of the ruling Pakistan People’s Party said on condition of anonymity. “He’s become an absolute dictator.”

On the contrary, says a legal expert at the Supreme Court and Chaudhry associate speaking on condition of anonymity, the conflict is caused by the “government [wanting] a chief justice and court which is compliant, not independent.” The standoff over how judges are selected could have far-reaching implications in a political order feeling its way towards democracy, with the different branches of government are “attempting to first stretch the bounds of their authority and second, to learn how to work with each other,” says Samina Ahmed, Pakistan director for the International Crisis Group, a global policy-research center. “The problem in Pakistan has [historically] been with the military’s intervention, transitions have been disrupted, and the judiciary in the past has supported every military intervention.” But as the two civilian branches of government tussle over their powers, neither appears to have clear backing from the military, whose preferences are often decisive. Still, some Pakistani media commentators suggest that the generals may be colluding with the judges to limit the power of government, already groaning under the weight of the president’s sagging popularity. They point to a stalled but soon-to-be-reopened Supreme Court case that accuses intelligence agencies of using the “war on terror” as a pretext to secretly detain thousands of citizens suspected of links to Baluchi separatists and other radical groups. The local Dawn newspaper reported last month that Supreme Court Justice Javed Iqbal said that the court “would not like to create the impression that it was out to destroy or tarnish the image of intelligence agencies” with regard to these cases. Chaudhry had in 2007 begun to investigate the issue of Pakistanis alleged to have disappeared into secret custody before he was deposed by Musharraf, and had ordered members of the security forces to produce several of the missing in court. Now, some media commentators are suggesting that Chaudhry is retreating from that fight. Chaudhry’s supporters deny the claim, and say that the court will not shy away from prosecuting any security officials who have broken the law. Whatever the outcome of the particular battles over constitutional powers and various court cases, what remains clear is that Justice Chaudhry, while holding an office that is ostensibly above politics, will remain in the thick of it. REFERENCE: Pakistan’s Chief Justice Takes on its Political Class By RANIA ABOUZEID / ISLAMABAD Saturday, Mar. 27, 2010 http://www.time.com/time/world/article/0,8599,1975646,00.html

The NRO case, Dr Mubashar Hasan and others versus the federation, has once again stirred a hornet’s nest. There is thunderous applause for bringing the accused plunderers and criminals to justice and widespread speculation on the resignation of the president. Very little analysis is being done on the overall effect of the judgment itself. While, the NRO can never be defended even on the plea of keeping the system intact, the Supreme Court judgment has wider political implications. It may not, in the long run, uproot corruption from Pakistan but will make the apex court highly controversial.

Witch-hunts, rather than the impartial administration of justice, will keep the public amused. The norms of justice will be judged by the level of humiliation meted out to the wrongdoers, rather than strengthening institutions capable of protecting the rights of the people. There is no doubt that impunity for corruption and violence under the cover of politics and religion has demoralised the people, fragmented society and taken several lives. It needs to be addressed but through consistency, without applying different standards, and by scrupulously respecting the dichotomy of powers within statecraft. In this respect the fine lines of the judgment do not bode well.

The lawyers’ movement and indeed the judiciary itself has often lamented that the theory of separation of powers between the judiciary, the legislature and the executive has not been respected. The NRO judgment has disturbed the equilibrium by creating an imbalance in favour of the judiciary. The judgment has also sanctified the constitutional provisions of a dictator that placed a sword over the heads of the parliamentarians. Moreover, it has used the principle of 'closed and past transactions' selectively. It is not easy to comprehend the logic of the Supreme Court that in a previous judgment it went beyond its jurisdiction to grant life to ordinances — including the NRO — protected by Musharraf’s emergency to give an opportunity to parliament to enact them into law. If the NRO was violative of fundamental rights and illegal ab initio, then whether the parliament enacted it or not it would have eventually been struck down. By affording parliament an opportunity to own up to the NRO appears to be a jeering gesture unbecoming of judicial propriety.

The NRO judgment has struck down the law also for being violative of Article 62(f), which requires a member of parliament to be, 'Sagacious, righteous and non-profligate and honest and ameen'. Hence, the bench will now judge the moral standing of parliamentarians on these stringent standards set by the notorious Zia regime. This article of the constitution has always been considered undemocratic and a tool to keep members of parliament insecure. If parliamentarians, who also go through the rigorous test of contesting elections in the public domain, are to be subjected to such exacting moral standards then the scrutiny of judges should be higher still. After all, judges are selected purely on the value of their integrity and skills. Judges who erred in the past seek understanding on the plea that they subsequently suffered and have made amends. Should others also not be given the same opportunity to turn over a new leaf? How will sagacity and non-profligate behaviour be judged?

Apart from Dr Mubashar Hasan, not even the petitioners of the NRO case are likely to pass the strenuous test laid down in Article 62 of the constitution. This could well beg the question whether it is wise for those in glass houses to be pelting stones.The judgment goes much further. It has assumed a monitoring rather than a supervisory role over NAB cases. In India, the supreme court directly interfered in the Gujarat massacre but it did not make monitoring cells within the superior courts. Is it the function of the superior courts to sanctify the infamous NAB ordinance, the mechanism itself and to restructure it with people of their liking? It is true that the public has greater trust in the judiciary than in any other institution of the state, but that neither justifies encroachment on the powers of the executive or legislature nor does it assist in keeping an impartial image of the judiciary. The long-term effects of the judgment could also be counter-productive; perpetrators are often viewed as victims if justice is not applied in an even-handed manner and if administered in undue haste with overwhelming zeal. It is therefore best to let the various intuitions of state take up their respective responsibilities because eventually it is the people who are the final arbiters of everyone’s performance. REFERENCE: Another aspect of the judgment By Asma Jahangir Saturday, 19 Dec, 2009 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/another-aspect-of-the-judgment-929

’عدلیہ غیر جانب دار نہیں رہی‘

آخری وقت اشاعت: جمعـء, 19 فروری, 2010, 05:58 GMT 10:58 PST
http://www.bbc.co.uk/urdu/pakistan/2010/02/100218_asma_interview.shtml

’عدلیہ دائرہ کار سے تجاوز کر گئی ہے‘

علی سلمان
بی بی سی اردو ڈاٹ کام، لاہور

عدلیہ کا کام ارکانِ پارلیمان کی اخلاقیات کی جانچ پڑتال نہیں
آخری وقت اشاعت: ہفتہ, 19 دسمبر, 2009, 05:25 GMT 10:25 PST
http://www.bbc.co.uk/urdu/pakistan/2009/12/091219_hrcp_asma_as.shtml

پاکستان انسانی حقوق کمشن کی چیئرپرسن عاصمہ جہانگیر نے این آر او کے بارے میں سپریم کورٹ کے فیصلے پر تبصرہ کرتے ہوئے کہا ہے ’عدلیہ اپنے دائرہ کار سے تجاوز کرگئی ہے اوریہ بہت ہی خطرناک بات ہوگی کہ سپریم کورٹ اراکین پارلیمان کی اخلاقیات پر فیصلے دے۔‘

عاصمہ جہانگیر نے بی بی سی اردو ڈاٹ کام سے گفتگو کرتے ہوئے کہا کہ جس طریقے سے فیصلہ آیا اور مانیٹرنگ سیل بنائے گئے اور سارے اراکین پارلیمان کو ایک طرح سے وارننگ دی گئی کہ ان کے کردار کی چھان بین ہوسکے گی ’وہ سمجھتی ہیں کہ عدلیہ اپنے دائرے سے باہر نکلی ہے۔‘

انہوں نے کہا وہ اس بات کی توقع نہیں رکھتی تھیں کہ عدلیہ اب اس بات کی جانچ پڑتال شروع کردے گی کہ ممبران کے اخلاقیات کیا ہیں۔

عاصمہ جہانگیر نے کہا کہ اراکین اسمبلی تو الیکشن لڑ کر آتے ہیں لیکن جج تو اپنی ساکھ کی وجہ سے آتے ہیں اگر ممبران پارلیمان کے لیے معیار اتنا بلند کردیا جائے کہ کوئی اس پر پورا نہ اتر سکے تو پھر عدلیہ کا معیار تو اس سے بھی بہت بلند ہونا چاہیے۔

انسانی حقوق کمشن پاکستان کی سربراہ نے کہا کہ ’یہ جوڈیشل ایکٹوازم نہیں ہے بلکہ عدلیہ اپنی اتھارٹی کو بہت زیادہ آگے لے گئی ہے۔اب اس نے مانیٹرنگ سیل قائم کرنے کی بات کر دی ہے۔یہ بھی دیکھا جائے گا کہ کس میکنزم کے مطابق کام ہوگا۔‘

’عدلیہ کی سپرویژن تو ہوتی ہے لیکن مانیٹرنگ سیل ہم نے آج تک نہیں دیکھا کہ اس طریقے بنائے گئے ہوں۔‘

انہوں نے کہا کہ وہ سمجھتی ہیں کہ تقسیم اختیارات کا نظریہ متاثر ہوا ہے۔’عدلیہ کو اپنے رویے پر غور کرنا چاہیے اس کا اپنا ایک مقام ہے اور اسے اپنے اس مقام پر واپس چلے جانا چاہیے۔وہ کسی خاص معاملے یا کیس میں اپنی دلچسپی نہ دکھائے۔‘

’وہ انصاف ضرور کریں لیکن یہ مخصوص نہ ہو بلکہ مساویانہ انداز سے ہونا چاہیے کیونکہ یہ نہ صرف ملک کے لیےبلکہ خود ان کے لیے بھی اچھا نہیں ہوگا۔‘

ایک سوال کے جواب میں انہوں نے کہا کہ وہ اس فیصلے کے خلاف اسی صورت میں اپیل کرسکتی تھیں جب اس عدالت سے بڑی بھی کوئی عدالت ہوتی۔انہوں نے کہا کہ سپریم کورٹ کے سترہ رکنی بنچ نے ایسا فیصلہ سنا دیا ہے جس کی کہیں اپیل بھی نہیں ہوسکتی۔

’انسان آخر انسان ہوتا ہے اس سے غلطی ہوسکتی ہے اسی لیے اپیل کا حق رکھا جاتا ہے۔ یہ بھی سوچنے کی بات ہے کہ اتنے بڑے فیصلے کردیئے جائیں اور اس کی کہیں اپیل بھی نہ ہوسکے۔‘

انہوں کہا کہ وہ یہ نہیں کہتیں کہ عدلیہ فیصلے نہ دے لیکن جو بھی کرے بہت سوچ سمجھ کر کرے۔

عاصمہ جہانگیر نے کہا کہ اس سے کوئی انکار نہیں کرسکتا کہ جن لوگوں نے لوٹ مار کی ہے ان کے مقدمات عدالتوں میں چلنے چاہیے اور یوں اجتماعی معافی نہیں ہونی چاہیے لیکن عدلیہ نے جس انداز میں فیصلے کیے ہیں اس پر انہیں تحفظات ہیں۔

دریں اثناء انسانی حقوق کمشن آف پاکستان نے ایک بیان جاری کیا ہے جس میں بعض افراد کے بیرون ملک نقل وحرکت پر پابندی کو بنیادی حق کی خلاف ورزی قرار دیا ہے اور کہا ہے کہ کمشن کو اس بات پر پریشانی ہے کہ حکام نے ایگزٹ کنٹرول لسٹ آرڈیننس کا اطلاق کردیا ہے جسے کبھی بھی منصفانہ نہیں سمجھا گیا۔کمشن کی سربراہ عاصمہ جہانگیر نے کہاکہ پیشگی نوٹس اور مناسب وجوہات بیان کیے بغیر پابندی عائد کرنا اس بنیادی حق کی خلاف ورزی ہے جس کی ضمانت ملک کا آئین دیتا ہے۔انہوں نے کہا کہ جن لوگوں کے خلاف عدلیہ میں مقدمات چل رہے ہوں ان کے بیرون ملک سفر پر پابندی عائد کرنا ضروری نہیں ہے ان کے فرار کو روکنے کے لیے عدالت میں قانونی سطح پر یقین دہانی حاصل کی جاسکتی ہے۔انہوں نے کہا کہ ایگزٹ کنٹرول لسٹ کو ماضی میں سیاسی طور پر حراساں کرنے کے لیےاستعمال کیا جاتا رہا ہے اور اب ایگزٹ کنٹرول لسٹ کا عدالتی فیصلے کی آڑ میں من مانے طریقے سے استعمال کسی آفت سے کم نہیں سمجھا جائے گا۔انہوں نے کہا کہ قومی دولت لوٹنے والوں کے خلاف جو قانونی کارروائی کی جارہی ہے وہ کافی ہے، حکام کو بے جا غصے اور جوش میں آکر ایسے ناجائز اقدام نہیں کرنے چاہیے جنہیں وہ انصاف سمجھتے ہوں۔
The independence of the judiciary was largely undermined by the order by General Musharraf in January 2000 that Pakistani judges take a fresh oath of loyalty to his administration. In May 2000, the Supreme Court, reconstituted after the dismissal of six judges who refused the oath, upheld General Musharraf’s military coup of 1999, under the doctrine of state necessity. Pakistan is a constitutional republic. On 15 October 1999, the Government promulgated the Provisional Constitution Order, (PCO), No.1 of 1999, overriding the 1973 Constitution of the Islamic Republic of Pakistan, previously suspended following the 12 October 1999 military coup led by General Pervez Musharraf. The PCO provided for the suspension of the National Assembly, the Provincial Assemblies and the Senate and mandated General Musharraf to serve as the new Chief Executive. On 20 June 2001, General Musharraf became President of Pakistan after dismissing the incumbent President, Muhammad Rafiq Tarar. On 12 May 2000, the Supreme Court validated the October 1999 coup under the doctrine of state necessity. However, the Court ordered that the Government hold national and provincial elections by 12 October 2002. In response, President Musharraf presented a four-phase programme aimed at returning the country to democratic rule, with local elections to be held from December 2000 until August 2001. Subsequently, a series of local elections were held in December 2000, March 2001, May 2001 and July-August 2001. However, political parties were prohibited from participating in the contests and party leaders were disqualified from holding political office. REFERENCE: PAKISTAN: International Commission of Jurists http://www.icj.org/IMG/pdf/pakistan.pdf

Ayaz Amir wrote.....

That was the mother of all sins. So how strange and dripping with irony this omission: about that seminal event, which set in train all the sorrows the nation was to reap thereafter, their lordships in their “historic” judgment have nothing to say. For this of course we must understand the problems of the past. For in 2000, a few months after the mother of all sins, when this matter came before the then Supreme Court headed by Chief Justice Irshad Hasan Khan, the nation witnessed another of those electrifying performances which have made “the doctrine of necessity” so famous in our land, the Supreme Court validating Musharraf’s coup and, what’s more, allowing him a grace period of three years to hold elections. In its generosity, it also gave Musharraf the authority to amend the Constitution for purposes of holding elections. So just as the Anwarul Haq Supreme Court gave a clean chit to General Ziaul Haq’s coup of 1977, another Supreme Court signed a papal bull conferring legitimacy on another illegitimate offspring of our political adventures. Now for an inconvenient fact. On the bench headed by Chief Justice Irshad Hasan Khan there sat an up-and-coming jurist, stern of eye and distinguished of look, by the name of Iftikhar Muhammad Chaudhry. Yes, he was among the illustrious upholders of the law and the Constitution who bathed Musharraf and his generals in holy water. ---- Talking of Musharraf’s military rule, what was the role of our present lordships when Triple One Brigade, our highest constitutional authority, reinterpreted the Constitution once again on the long afternoon of Oct 12, 1999? A few judges — Chief Justice Saiduzzaman Siddiqui comes to mind — did not take oath under the Provisional Constitution Order (PCO) issued two months later. But if imperfect memory serves, all of their present lordships, at one time or the other, took oath under the PCO. Not only that, some of them were on the bench which validated Musharraf’s takeover. A few, including My Lord the Chief Justice, were on the bench which validated Musharraf’s takeover for the second time in the Zafar Ali Shah case (2005). Of course, we must let bygones be bygones and deal with the present. But then this principle should be for everyone. We should not be raising monuments to selective memory or selective condemnation. If the PCO of 2007 was such a bad idea, in what category should we place the PCO of 2000? And if in this Turkish bath all are like the emperor without his clothes, the least this should inculcate is a sense of humility. REFERENCE: Writing of history or triumph of amnesia? Friday, August 07, 2009 By Ayaz Amir http://www.thenews.com.pk/print1.asp?id=191800 The road to hell — and similar destinations Islamabad diary Friday, January 01, 2010 Ayaz Amir http://thenews.com.pk/daily_detail.asp?id=216323

NOTES:

Unemployment mounting in Sindh By Sabihuddin Ghausi. 28 March 2005 Monday 17 Safar 1426 {1} http://www.dawn.com/2005/03/28/ebr3.htm

A Military State By Zahid Hussain. {2} http://www.newsline.com.pk/NewsOct2004/cover1oct2004.htm

The Pakistan Army Confuses its Own Interest with Country's National Interest John Lancaster {Washington Post}. {3} http://www.satribune.com/archives/dec02_08_02/opinion_wpostarticle.htm

Armed forces exceed 10pc quota in Cabinet Div. By Our Staff Reporter {4}
22 March 2005 Tuesday 11 Safar 1426 http://www.dawn.com/2005/03/22/nat11.htm

This List is being constantly Updated as new information becomes available The Partial List of Civilian Posts taken over by Army Officials Special SAT Report {4}
http://www.satribune.com/archives/sep23_29_02/P1_armylist.htm

1,027 civilian posts occupied by servicemen By Nasir Iqbal {4}
03 October 2003 Friday http://www.dawn.com/2003/10/03/nat9.htm

QUESTIONABLE EXTENSION {5}
http://nation.com.pk/daily/oct-2004/11/editorials3.php

A Minor Example. HYDERABAD: Court issues notice to army officer By Our Correspondent {6}

http://www.dawn.com/2005/03/18/local22.htm

Centurions and legionnaires By Irfan Husain {7} http://www.dawn.com/weekly/mazdak/20040403.htm

Whose land is it, anyway? By Irfan Husain {7} http://www.dawn.com/weekly/mazdak/20020914.htm

The growing divide By Irfan Husain {7}
http://www.dawn.com/weekly/mazdak/20031220.htm

Looking ahead, darkly By Irfan Husain {7}
http://www.dawn.com/weekly/mazdak/20030104.htm