In the famous case of Al-Jehad Trust v. Federation of Pakistan, the SC strongly deprecated the practice of appointing persons on a temporary or ad hoc basis against permanent posts. It was held that this was one of the oft-employed devices to keep judges off balance and compromise their independence. With regard to the practice of appointing acting chief justices for long periods instead of appointing permanent chief justices, it was observed “unfortunately during martial law days, the practice of appointing acting chief justices for long periods was adopted apparently with the intention of keeping the judiciary under the control of the executive… It militated against the concept of independence of judiciary”. At the same time, Ajmal Mian J. observed “the parity of reasoning for not appointing an acting chief justice or an acting judge of the Supreme Court against permanent vacancies for a long period is equally applicable to an appointment of an additional judge in the high court against a permanent vacancy”. On this rationale, the SC held that a person appointed as an additional judge against a permanent vacancy in the high court acquired a legitimate expectancy to be confirmed as a permanent judge and the government could not, under ordinary circumstances, refuse the chief justice’s recommendation for confirmation of such an additional judge. Unfortunately, all the learned members of the Judicial Commission — the judges, the bar council representatives and the representatives of the concerned governments — chose to ignore the spirit behind the Al-Jehad judgment. Can it really be that none of the 50-odd additional judges (appointed on the recommendation of the chief justice) are presently fit for confirmation? And if any of these judges was fit for confirmation, surely it was against the principles of judicial independence to merely grant him an extension? And was it fair to lump such a competent and honest judge in the same category of judges who were not deserving of confirmation? In the present time when many of the most competent bar members are reluctant to join the bench, this disregard of the principle of legitimate expectancy shall create uncertainty and encourage the best and brightest to shun judicial service. One year is more than enough to gauge the competence and integrity of a judge. If, at the end of the year, he is considered suitable, he deserves to be confirmed. If not, he should be let go. The present members of the Judicial Commission will be setting precedents for all after them. They must avoid any practice that detracts from judicial independence in the long term. REFERENCE: Judicial appointments By Salahuddin Ahmed | From the Newspaper February 9, 2011 (2 weeks ago) http://www.dawn.com/2011/02/09/judicial-appointments-2.htmlSCBA against reappointment of adhoc judges (Express Tribune)
URL: http://www.youtube.com/watch?v=RYa8yTSmlpE
* Council reiterates resolve to eliminate ad hocism in judiciary
ISLAMABAD: The executive committee meeting of the Pakistan Bar Council (PBC), in a resolution on Thursday, held the move of including Justice Khalilur Rehman Ramday, who retired on February 17, and Justice Rahmat Hussain Jaffery, who retired a few months ago, in a full court meeting, in violation of Article 182 of the constitution as amended under the 19th constitutional amendment and unprecedented. The meeting chaired by executive committee chairman Asrarul Haq Mian and vice chairman Abdul Lateef Afridi was attended by its members, including Syed Qalb-e-Hassan, Muhammad Ahsan Bhoon, Muhammad Ramzan Chaudhry, Salahuddin Panhwar, Mian Abbas Ahmad, Akhtar Hussain and Muhammad Yaseen Azad. The meeting took serious note of the resolution passed by the full court of the Supreme Court for re-induction of Justice Ramday and Justice (r) Jaffery.Judges VS Lawyers - Part - 1 (Dunya TV 17th Feb 2011)
URL: http://www.youtube.com/watch?v=moWBPKH8kdw
“The PBC executive committee and the legal community in general is always appreciative of the principles laid down in Al-Jehad Trust case with respect to independence of judiciary and against ad hocism, thus the resolution passed by the full court is also against the spirit of the Al Jehad case verdict and further the ad hoc appointments in such a manner also militates the independence of judiciary and is violation of even July 31, 2009 verdict declaring the November 3, 2007 emergency as unconstitutional,” the PBC resolution said. The meeting reiterated an earlier resolution passed in the 190th meeting of the PBC wherein it was resolved that ad hocism in judiciary will be eliminated in all circumstances. The executive committee, while taking serious note of an order passed by dysfunctional judge of the Peshawar High Court, Justice Jahanzeb Rahim, issuing contempt notices to the Supreme Court judges and also requesting the president of Pakistan to file references against the chief justice and Justice Mian Shakirullah Jan, said that such orders were highly condemnable and seemed to disrupt the whole system. The meeting also express serious concern over the order passed by the apex court suspending the decision of a parliamentary committee with respect to non-confirmation of four judges of the Lahore High Court and extension of the period of additional judges in different high courts, and requested the PBC chairman to call a council meeting on 23rd to dilate upon all these matters which were concerning not only the legal profession, judiciary but also the public at large. The copy of the resolution was forwarded to all the members of the judicial commission, the parliamentary committee, presidents of all the bar associations throughout the country for information. REFERENCE: Full court’s resolution on judges’ reappointment unconstitutional: PBC Staff Report Friday, February 18, 2011 http://www.dailytimes.com.pk/default.asp?page=2011\02\18\story_18-2-2011_pg7_2
ISLAMABAD: The higher judiciary finds itself at a familiar crossroads, publicly at odds with each other and questioning one another’s conduct. On Thursday, the Supreme Court constituted a seven-member bench to hear the intra-court appeals of two sitting but non-functional judges it has charged with contempt while a Peshawar High Court (PHC) judge challenged the move the same day. Justice Jahanzeb Rahim, a non-functional judge of the PHC, issued contempt notices against four Supreme Court judges, asking that they appear before him on Monday — a day when he himself, along with five sitting and two former judges, have to appear before the Supreme Court for contempt of court trial. Justice Jahanzeb is the judge whose controversial complaint through a March 5, 2007, letter to former president Pervez Musharraf became a forerunner of the events that led to the chief justice being suspended. On March 9, 2007, the former president also initiated a reference of misconduct against the CJ.“This is an ominous development in a series of sombre ones that have hurt the state for the last few years,” commented a senior Supreme Court lawyer. In a sign that the Supreme Court has realised the seriousness of Justice Jahanzeb’s move, Chief Justice Iftikhar Mohammad Chaudhry constituted a special seven-judge bench to hear the intra-court appeals of two non-functional Lahore High Court judges — Justice Shabbar Raza Rizvi and Justice Hasnat Ahmed Khan. They had appealed against the apex court’s decision of proceeding against the judges who had taken oath after Nov 3, 2007. The seven-member bench will start hearing the appeals on Friday.
Judges VS Lawyers - Part - 2 (Dunya TV 17th Feb 2011)
URL: http://www.youtube.com/watch?v=u3fG_VmLXWk
Legal experts expect the newly formed bench to give an order that will provide a way out to the higher judiciary. They expressed fears that if the developments of Thursday were not addressed, the higher judiciary will not only stand divided but also enter into a confrontation that can prove destructive. There was no precedence on how to deal with the judicial authority of a non-functional judge and about the validity of the orders issued by such judges, pointed out a senior lawyer, adding that this made the issue more complicated. Thursday’s events were reminiscent of a crisis where divisions within the Supreme Court ended with the ouster of a former chief justice of Pakistan, Sajjad Ali Shah. Justice Sajjad Ali Shah, while presiding over a three-member bench, had suspended the 13th Constitutional Amendment which had removed the powers of the president to dissolve the legislature. Within minutes of his orders about suspension of the 13th Amendment, an even larger bench, headed by then Justice Saiduzzaman Siddiqui, overturned Justice Shah’s orders. The sequence of events culminated in the departure of Justice Sajjad Ali Shah from the Supreme Court. The larger bench that will hear the intra-court appeals comprises the chief justice, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim. In a related development, former chief justice Abdul Hameed Dogar filed another intra-court appeal before the Supreme Court urging it to put the judges facing contempt charge on trial from Feb 21. Former LHC chief justice Iftikhar Hussain Chaudhry has already filed a similar appeal. REFERENCE: Judges at odds over contempt petitions By Nasir Iqbal | From the Newspaper http://www.dawn.com/2011/02/18/judges-at-odds-over-contempt-petitions.html
ISLAMABAD: The Pakistan Bar Council rejected on Thursday a resolution adopted on Monday by a full court meeting of the Supreme Court proposing reappointment of Justice Khalilur Rehman Ramday as an ad hoc judge of the apex court for another year and called for elimination of ad hocism in the judiciary in all forms. A meeting of the PBC executive committee, jointly presided over by its Chairman Asrar-ul-Haq Mian and Vice-Chairman Abdul Lateef Afridi, observed that the full-court resolution was not only unprecedented in the country’s judicial history but also unconstitutional and violative of Article 182 of the Constitution as amended under the 19th Amendment. The meeting criticised the resolution seeking reappointment of Justice Ramday, whose one-year term as ad hoc judge expired on Thursday, and appointment of Justice (retd) Rehmat Hussain Jafri as ad hoc judge for two years. It reminded the PBC’s representative in the Judicial Commission, the attorney general and the law minister, who by and large represent the legal community, to support the stand taken by the PBC with respect to ad hocism. It said the PBC and the legal community in general always appreciated the principles laid down in the Al-Jihad Trust case with respect to independence of judiciary and against ad hocism. The full-court resolution, it added, was also against the spirit of that judgment.Judges VS Lawyers - Part - 3 (Dunya TV 17th Feb 2011)
URL: http://www.youtube.com/watch?v=tkgJzX3uATc
The meeting expressed serious concern over orders passed by the apex court suspending the decision of the parliamentary committee with respect to non-confirmation of four additional judges of the Lahore High Court and extension of the tenure of additional judges in different high courts. The committee criticised the order passed by Justice Jahanzeb Rahim of the Peshawar High Court, issuing contempt notices to the judges of the Supreme Court and calling upon the President of Pakistan to file references against Chief Justice Iftikhar Mohammad Chaudhry and Justice Shakirullah Jan. The meeting asked the attorney general to convene a meeting of the PBC on Feb 23 to discuss the issues. Chief Justice Iftikhar Mohammad Chaudhry has convened a meeting of the Judicial Commission on Saturday for consideration of the appointment of the two ad hoc judges in the Supreme Court and confirmation of nine additional judges of the Sindh High Court. REFERENCE: PBC against ad hoc appointments By Iftikhar A. Khan | From the Newspaper
(13 hours ago) Today http://www.dawn.com/2011/02/18/pbc-against-ad-hoc-appointments.html
PESHAWAR: A larger bench of the Peshawar High Court (PHC) on Friday outlawed show-cause notices issued by Justice Jehanzeb Rahim, a non-functional judge of the PHC, to four judges of the Supreme Court asking them to appear before him and explain why contempt of court proceedings should not be initiated against them. Justice Jehanzeb’s staff has also been withdrawn and he can no longer perform official duties. The larger bench that outlawed his order comprised of PHC Chief Justice Ejaz Afzal, Justice Mohammad and Justice Badar Alam. On January 17, Justice Jehanzeb who was made dysfunctional through an SC verdict on PCO judges, issued an order in his chamber directing Justice Shahid Siddiqui, Justice Jawwad S. Khwaja, Justice Khilji Arif Hussain and Justice Tariq Pervez to appear for a preliminary hearing before him on February 21 and for explaining and justifying why a date should not be fixed for framing charges against them. The order triggered a controversy as an SC bench comprising the said four judges had fixed February 21 for framing charges against some judges of superior courts, including Justice Jehanzeb, in a contempt of court case charging them with taking oath under the PCO despite a restraining order issued by a seven-member bench of the Supreme Court on November 3, 2007. REFERENCE: PHC outlaws PCO judge’s order against SC judges http://www.dawn.com/2011/02/18/phc-outlaws-pco-judge%E2%80%99s-order-against-sc-judges.htmlISLAMABAD: The Supreme Court on Friday directed sitting PCO judges not to issue any judicial orders, DawnNews reported. During a hearing of the PCO judges’ case, the apex court ruled that orders issued by these judges will have no constitutional standing. The court said that orders issued by Justice Sayed Zahid Hussain of the Supreme Court and Justices Hamid Ali Shah, Hasnat Ahmed Khan, Syed Shabbar Raza Rizvi, Yasmin Abbasey, Jehanzaib Rahim and Sajjad Hussain of different high courts will have no constitutional position. The court, in its ruling, said that it will take all necessary steps to safeguard the country’s judicial system. The ruling further stated that the concerned judges will be formally indicted for contempt of court on February 21. During the hearing, Chief Justice Iftikhar Mohammad Chaudhry remarked that judges have taken oath under the PCO many times but the ruling against it came only once. He further said that there would be rule of law in the country now. The concerned judges are facing contempt charges for taking oath under the Provisional Constitution Order (PCO) in defiance of a restraining order issued by a seven-judge bench on November 3, 2007, moments after the proclamation of emergency by Pervez Musharraf. REFERENCE: SC directs sitting PCO judges not to issue court orders http://www.dawn.com/2011/02/18/sc-directs-sitting-pco-judges-not-to-issue-orders.htmlMemory Loss on Provisional Constitutional Order:)
Recent History of Pakistan [1999 - 2008] tells us something different about the Rule of Law, Constitution, Democracy, PCO, LFO, and Rampant Human Rights Violations under the very Judiciary indulged in Narcissism and Vanity. Aren't there any Quranic Verses and Hadiths on the following misconduct????
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=216323High 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
ISLAMABAD: Supreme Court has dismissed three appeals filed by PML -N president Makhdoom Javed Hashmi against his trial in jail and for his release on bail and suspension of jail term. A two members bench of apex court comprising chief justice Iftikhar Muhammad Chaudhry and justice Muhammad Nawaz Abbasi heard the case. Chief Justice observed that judiciary is independent and the supreme can in no way be pressurized in any decision. " We will give decision according to law of the land. We have to see the law. No one will be allowed to politicize the case. There is ambiguity in the arguments offered by Akram Sheikh, counsel of Makhdoom Javed Hashmi. It is in the knowledge of those who hold press conference that their statements would reach the military men as well. Earlier giving arguments, Akram Sheikh said federal government had lodged no complaint. Is there any law in place in the country under which holding the press conference in cafeteria is a crime. The apex court has taken thousands of suo motu actions on social issues. Can suo motu action not be taken with reference to an individual whose fundamental rights have been breached, he contended. Chief Justice observed that the court has to see if the appeal can be declared maintainable or otherwise. The High court verdict has also been reviewed.
Akram Sheikh told Makhdoom Javed Hashmi is in jail since October, 29, 2003 who was convicted and sentenced on April, 12, 2004. Cafeteria is part of parliament and it is legally protected. Some one had talked in upper house and action was initiated against him. Chief Justice remarked speaking in the upper house and holding press conference are two different things. Does it fall under the powers of speaker that the case should have been registered on his complaint or otherwise. Akram Sheikh submitted that national assembly had tried to explain about the constitution but no mention was made about cafeteria in the constitution. NA speaker can register case through his secretary. But he did not do so. It was a strange press conference where in no reporter was present. Defending the government, special prosecutor general Munir Ahmad argued high court had taken no wrong decision. The man who had registered FIR had entered into cafeteria with the special permission and card. 14 witnesses were presented in the trial court who proved 7 charges correct which were leveled against the accused. The trial court had awarded punishment after it. The high court had also declared the verdict of subordinate court correct . No defence witness appeared from the accused side in the court. The appeal filed by Malik Qayyum against trial in jail was also rejected. REFERENCE: SC dismisses 3 appeals of Javed Hashmi for his release on bail Tuesday October 10, 2006 (0139 PST) http://www.paktribune.com/news/index.shtml?156686
ISLAMABAD, Oct 9: Former prime minister Nawaz Sharif on Monday paid rich tribute to jailed party leader Makhdoom Javed Hashmi, saying that his name would become synonymous with courage and sacrifice in the country’s history. The PML-N leader’s statement was issued from London and released by the party’s secretariat here after Mr Hashmi’s bail appeal was rejected by the Supreme Court. The PML-N chief said that the entire nation saluted him for remaining steadfast on principles. Injustices done to Mr Hashmi were evident, even to the ‘outside world’ but “unfortunately it is not obvious to our higher judiciary”, he said. “Spirits of political workers, who have dedicated their lives for the supremacy of the constitution and democracy, cannot be subdued by such decisions,” the statement quoted him as saying. Mr Sharif said that Javed Hashmi and others, who had refused to bow before the dictatorship of Gen Musharraf, were assets for the party and society. He expressed the hope that democracy would prevail over forces of military dictatorship because of the sacrifices rendered by Mr Hashmi, adding that Pakistan would soon attain a respectable position in the comity of nations.Javed Hashmi, PML’s acting president, is in detention for the past three years on charges of treason. Commenting on rejection of Mr Hashmi’s appeal by the Supreme Court, PML-N information secretary Ahsan Iqbal in a separate statement said that unfortunately this had shown that the judiciary had double standards. “We welcome the release of PPP leader Yusuf Raza Gillani by the judiciary, who was subjected to victimisation by the Musharraf regime, (but) in Mr Hashmi’s case the criteria changed,” he said. “Mr Hashmi is a prisoner of conscience and the whole nation feels proud of him. Such decisions will not break the resolve of the PML-N but further strengthen the will of its leaders and workers to continue the struggle for victory of constitutions and democracy in the country. This has once again demonstrated that the Musharraf regime still fears the PML-N and considers it (the main threat),” he said. REFERENCE: Nawaz criticises judiciary for rejecting Hashmi’s appeal By Our Staff Reporter October 10, 2006 Tuesday Ramazan 16, 1427 http://www.dawn.com/2006/10/10/nat2.htm
ISLAMABAD, Dec 5: The District and Sessions Judge, Islamabad, Chaudhry Asad Raza, dismissed on Friday the bail application of Alliance for Restoration of Democracy President Makhdoom Javed Hashmi and fixed Monday for regular hearing of a mutiny case against him. “By going through the record of the case, it seems the accused, prima facie has committed an offence which falls under section 124 A (Sedition) of the Pakistan Penal Code (PPC) and, therefore, cannot be granted bail,” observed the judge in his 11-page verdict. The judge said the letter the accused read out and distributed among press reporters and others seemed to be carried by him for the first time. “We will definitely challenge the decision before the high court and will avail all judicial avenues available to us to get a bail in favour of Javed Hashmi,” defence counsel Latif Khosa and Syed Zafar Ali Shah told Dawn.
The district and sessions judge also mentioned the statements of the witnesses which were produced by the prosecution and observed that an attempt was made to create a feeling to abet mutiny against the high command of the armed forces. Two witnesses, Captain Jehanzeb Zahoor and Captain Nadir Saleem, in their statements before the magistrate had stated that they felt insulted while listening to the letter being read out which instigated them for mutiny against the high command of the armed forces. Two media persons, one from daily Islam and other from the government news agency APP, who had covered the press conference, had also recorded their statements.
According to the verdict, the statement of the witnesses also showed that this letter could cause treason among the army personnel and create public disturbance, hatred against the Constitution, subvert laws of the state and disturb tranquillity in society. The issue as to from where the letter came and its veracity would also be looked into during the regular hearing of this case. About the application of Mr Hashmi, arrested on Oct 29 on the charges of issuing statements against the army, regarding the provision of A-Class in the jail, the court directed the Adyala jail authority to submit a detailed report in this regard on Dec 8 when Mr Hashmi would be produced before the court on the expiry of his judicial remand. The court also might give its decision on his application on the same date. Later, Mr Zafar Ali Shah, talking to reporters, said the decision was expected and accused the government of political victimization. He recalled that special prosecutor Munir Bhatti in the challan he presented before the court had also involved other parliamentarians in the case but only Mr Hashmi was being victimised. REFERENCE: Hashmi’s bail plea rejected By Nasir Iqbal December 6, 2003 Saturday Shawwal 11, 1424 http://www.dawn.com/2003/12/06/top13.htm
The district and sessions judge also mentioned the statements of the witnesses which were produced by the prosecution and observed that an attempt was made to create a feeling to abet mutiny against the high command of the armed forces. Two witnesses, Captain Jehanzeb Zahoor and Captain Nadir Saleem, in their statements before the magistrate had stated that they felt insulted while listening to the letter being read out which instigated them for mutiny against the high command of the armed forces. Two media persons, one from daily Islam and other from the government news agency APP, who had covered the press conference, had also recorded their statements.
According to the verdict, the statement of the witnesses also showed that this letter could cause treason among the army personnel and create public disturbance, hatred against the Constitution, subvert laws of the state and disturb tranquillity in society. The issue as to from where the letter came and its veracity would also be looked into during the regular hearing of this case. About the application of Mr Hashmi, arrested on Oct 29 on the charges of issuing statements against the army, regarding the provision of A-Class in the jail, the court directed the Adyala jail authority to submit a detailed report in this regard on Dec 8 when Mr Hashmi would be produced before the court on the expiry of his judicial remand. The court also might give its decision on his application on the same date. Later, Mr Zafar Ali Shah, talking to reporters, said the decision was expected and accused the government of political victimization. He recalled that special prosecutor Munir Bhatti in the challan he presented before the court had also involved other parliamentarians in the case but only Mr Hashmi was being victimised. REFERENCE: Hashmi’s bail plea rejected By Nasir Iqbal December 6, 2003 Saturday Shawwal 11, 1424 http://www.dawn.com/2003/12/06/top13.htm
MULTAN: MMA central leader Liaqat Baloch has said MMA does not welcome government step on late release of Makhdoom Javed Hashmi enabling him to attend marriage of his daughter and demanded case be withdrawn and PML-N acting president be set free. He said this while talking to the journalists on the eve of marriage of Makhdoom Javed Hashmi`s daughter marriage. Baloch held NA speaker is custodian of house and he should have taken timely step. He did not do so nor he issued production order. Case should be withdrawn against Makhdoom Javed Hashmi and he should be released. Hamza Shahbaz son of PML-N president Shahbaz Sharif was also present on occasion but he did not talk to the journalists. JI leader Farid Ahmad Paracha said responsibility rests with the PPP-P to play its role for formation of grand alliance. The impression about deal between government and PPP-P should be dispelled. Opposition should jointly wage struggle against the dictatorship. Transparent elections can not take place under general Musharraf. Resignations from MMA are not hurdle on the way to formation of grand alliance. He told MMA supreme council will take final decision on resignations. Time has come collective campaign should be launched and resignations be tendered, he stressed. PPP-P leader Fakhar Imam said Benazir has to decide about attending the All Parties Conference (APC) convened by Nawaz Sharif or otherwise. Former president Rafiq Tarar said general Musharraf is playing the role of enemy of country. REFERENCE: Late release of Javed Hashmi on the eve of his daughter`s marriage, an unwelcome gesture: Liaqat Sunday December 24, 2006 (0215 PST) http://www.paktribune.com/news/index.shtml?164043
Contribution of Lawyers in Restoration of Democracy and in Abuse of Human Rights under Martial Law of General Musharraf from 1999 - 2008 and Absence of any kind of quotation from Quran or Hadith.
Contribution of Lawyers in Restoration of Democracy and in Abuse of Human Rights under Martial Law of General Musharraf from 1999 - 2008 and Absence of any kind of quotation from Quran or Hadith.
Right after the resignation of General Musharraf from the Post of the President of Pakistan, Mr. Athar Minallah the Chief Spokesman of the then defunct Defunct Chief Justice Iftikhar Mohammad Chaudhary in Private Pakistani TV Channel [AAJ], demanded Treason Trial under article 6 of 1973 Constitutiuon of Islamic Republic of Pakistan while shamelssly forgetting that Athar Minallah, also served in the Musharraf cabinet for two years. Shouln’t Mr Athar Minallah be brought to Justice as well because abetting in a crime is tantamount to committing a crime. Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002) by General Musharraf Military Regime. Athar Minallah joined the prestigious Civil Service of Pakistan (CSP) and after serving for 10 years left the post of Additional Collector Customs to join the firm as a partner. Athar Minallah brings not only rich taxation experience but also valuable scholastic input. Athar completed his law degree from the International Islamic University (Islamabad) and his LLM from University of Cambridge, UK. And his areas of interest are taxation, judicial review, Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002). He also was the member of the Task Force constituted by the Federal Government for revamping the Taxation regime in Pakistan. Currently he is the member of the Policy Board of Intellectual Property of Pakistan and Chairman of Alternate Dispute Resolution Committee (ADRC) for Sales Tax constituted by the Central Board of Revenue.“QUOTE”
The crackdown, announced late Saturday night after General Musharraf suspended the Constitution, was clearly aimed at preventing public demonstrations that political parties and lawyers were organizing for Monday. “They are showing zero tolerance for protest,” said Athar Minallah, a lawyer, and a former minister in the Musharraf government. REFERENCE: Musharraf Consolidates His Control With Arrests By JANE PERLEZ Published: November 4, 2007 http://www.nytimes.com/2007/11/04/world/asia/04cnd-pakistan.html?_r=1&hp
Asif Zardari, husband of former Prime Minister Benazir Bhutto, has waited for more than 5 years for the start of his trial on charges of killing his brother-in-law, Murtaza Bhutto in 1997. In April 1999, Zardari was tried and convicted separately on corruption charges. In December 2001 Zardari received bail but was not released; the NAB ordered his continued detention on suspicion of corruption. Despite government claims that NAB cases would be pursued independent of an individual?s political affiliation, NAB has taken a selective approach to anti-corruption efforts (see Section 1.d.). The Musharraf Government in 1999 created by ordinance the NAB and special accountability courts to try corruption cases (see Section 1.d.). The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Those convicted also originally were disqualified from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was used during the general election to prevent certain candidates from entering the contest. REFERENCE: Pakistan Country Reports on Human Rights Practices Bureau of Democracy, Human Rights, and Labor 2002 March 31, 2003 http://www.state.gov/g/drl/rls/hrrpt/2002/18314.htm
Pakistan
National Level: The Musharraf Government in 1999 created by Ordinance the NAB (National Accountability Bureau) and special accountability courts to try exclusively corruption cases. These Courts are part of the national judicial system and operate under the Chief Justices of the High Courts of Pakistan. For up-to-date statistics on the number and type of cases files, convicted and acquitted, please refer to the Appendix. The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Originally, those convicted were set to disqualify from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was applied during the general election to prevent certain candidates from entering the contest. REFERENCE: I. Special Corruption Courts in Asia http://www.u4.no/helpdesk/helpdesk/queries/query19.cfm
The new government’s principal vehicle for detaining former officials and party leaders, however, was the National Accountability Ordinance, a law ostensibly created to bring corrupt officials to account. The ordinance confers sweeping powers of arrest, investigation, and prosecution in a single institution, the National Accountability Bureau (NAB), and permits detainees to be held for up to ninety days without being brought before a court. The law was later amended to facilitate conviction by shifting the burden of proof during trial from the prosecution to the defense. There were persistent reports of ill treatment in NAB custody, particularly in the case of high profile detainees who were held early in the year in Attock Fort. Persons convicted under the ordinance were prohibited from holding public office for a period of twenty-one years. An amendment to the Political Parties Act in August also barred anyone with a court conviction from holding party office. The combined effect of these acts, as they were applied, was to eliminate the existing leadership of the major political parties. While administration officials said that parties would be allowed to participate in future elections to the Senate and national and provincial assemblies, local government elections, scheduled to be held in December, were to be conducted on a non-party basis.
The Musharraf government also suppressed political activity by conducting raids on party offices, preventing political rallies from being held, and lodging criminal cases against rally organizers under laws governing sedition and the Maintenance of Public Order (MPO) Ordinance. The sedition law, Section 124-A of the Pakistan Penal Code, criminalizes speech that “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Central or Provincial Government established by law.” Section 16 of the Maintenance of Public Order Ordinance prohibits speech that “causes or is likely to cause fear or alarm to the public” or any section thereof, or which “furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.” Rana Sanaullah Khan, a member of the suspended Punjab provincial assembly from Sharif’s Pakistan Muslim League (PML), was arrested in Faisalabad on November 28, 1999. The arrest came after he criticized the army at a meeting of former legislators and urged his colleagues to launch a protest movement against the military government. He was tortured while in custody, and criminal charges were registered against him under the sedition law and MPO.
On March 15, the government formally curtailed freedom of association and assembly with an order banning public rallies, demonstrations, and strikes. The order’s enforcement against a procession from Lahore to Peshawar that Nawaz Sharif’s wife, Kulsoom Nawaz, had planned to lead, resulted in the arrests of at least 165 PML leaders and activists. On September 21 the ban was also invoked against 250 members of the hardline Sunni Muslim group, Sipah-e-Sahaba, who had planned a march to celebrate a religious anniversary. REFERENCE: Human Rights Developments http://www.hrw.org/legacy/wr2k1/asia/pakistan.html
National Level: The Musharraf Government in 1999 created by Ordinance the NAB (National Accountability Bureau) and special accountability courts to try exclusively corruption cases. These Courts are part of the national judicial system and operate under the Chief Justices of the High Courts of Pakistan. For up-to-date statistics on the number and type of cases files, convicted and acquitted, please refer to the Appendix. The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Originally, those convicted were set to disqualify from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was applied during the general election to prevent certain candidates from entering the contest. REFERENCE: I. Special Corruption Courts in Asia http://www.u4.no/helpdesk/helpdesk/queries/query19.cfm
The new government’s principal vehicle for detaining former officials and party leaders, however, was the National Accountability Ordinance, a law ostensibly created to bring corrupt officials to account. The ordinance confers sweeping powers of arrest, investigation, and prosecution in a single institution, the National Accountability Bureau (NAB), and permits detainees to be held for up to ninety days without being brought before a court. The law was later amended to facilitate conviction by shifting the burden of proof during trial from the prosecution to the defense. There were persistent reports of ill treatment in NAB custody, particularly in the case of high profile detainees who were held early in the year in Attock Fort. Persons convicted under the ordinance were prohibited from holding public office for a period of twenty-one years. An amendment to the Political Parties Act in August also barred anyone with a court conviction from holding party office. The combined effect of these acts, as they were applied, was to eliminate the existing leadership of the major political parties. While administration officials said that parties would be allowed to participate in future elections to the Senate and national and provincial assemblies, local government elections, scheduled to be held in December, were to be conducted on a non-party basis.
The Musharraf government also suppressed political activity by conducting raids on party offices, preventing political rallies from being held, and lodging criminal cases against rally organizers under laws governing sedition and the Maintenance of Public Order (MPO) Ordinance. The sedition law, Section 124-A of the Pakistan Penal Code, criminalizes speech that “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Central or Provincial Government established by law.” Section 16 of the Maintenance of Public Order Ordinance prohibits speech that “causes or is likely to cause fear or alarm to the public” or any section thereof, or which “furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.” Rana Sanaullah Khan, a member of the suspended Punjab provincial assembly from Sharif’s Pakistan Muslim League (PML), was arrested in Faisalabad on November 28, 1999. The arrest came after he criticized the army at a meeting of former legislators and urged his colleagues to launch a protest movement against the military government. He was tortured while in custody, and criminal charges were registered against him under the sedition law and MPO.
On March 15, the government formally curtailed freedom of association and assembly with an order banning public rallies, demonstrations, and strikes. The order’s enforcement against a procession from Lahore to Peshawar that Nawaz Sharif’s wife, Kulsoom Nawaz, had planned to lead, resulted in the arrests of at least 165 PML leaders and activists. On September 21 the ban was also invoked against 250 members of the hardline Sunni Muslim group, Sipah-e-Sahaba, who had planned a march to celebrate a religious anniversary. REFERENCE: Human Rights Developments http://www.hrw.org/legacy/wr2k1/asia/pakistan.html
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Where is the Suo Moto Notice in these Cases????
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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-01As per a report by International Crisis Group "REFORMING THE JUDICIARY IN PAKISTAN" dated 16 October 2008:
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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=1VALIDATING 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"
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.
"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.htmlJUDICIARY 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
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