The second petitioner, Shahid Orakzai, argued that the appointment had been made by the president without meeting the constitutional requirement of a prime ministerial advice — an apparent lacuna the government appeared to have tried to remove when its senior counsel, Abdul Hafeez Pirzada, informed the court on Feb 10 of a modified notification issued the previous day announcing reappointment of Justice (retd) Shah by the president on the advice of the prime minister. REFERENCE: Supreme Court asks NAB chief Deedar Shah to pack up By Nasir Iqbal Dawn, March 11, 2011 http://www.dawn.com/2011/03/11/supreme-court-asks-nab-chief-deedar-shah-to-pack-up.html
Army, Judiciary and Pakistan
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.
Judicial Murder of Zulfikar Ali Bhutto Part 1
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”.
Judicial Murder of Zulfikar Ali Bhutto Part 2
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.
Judicial Murder of Zulfikar Ali Bhutto Part 3
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#poli
Judicial Murder of Zulfikar Ali Bhutto Part 4
PESHAWAR, Nov 24: A freelance journalist approached the Peshawar High Court, praying that former senator Saifur Rehman be taken into custody and instructions be issued to the crimes branch to interrogate him for the murder of his brother. The request came in an application submitted by Shahid Orakzai with a writ petition in the PHC against Nawaz Sharif, Shehbaz Sharif, Saifur Rehman and the former MNA, Jawed Ibraheem Piracha. The petition has been pending before the court which had twice issued notices to the federal government. The government has not filed any comments so far. Apprehending the release of Saifur Rehman, the petitioner had earlier filed an application, requesting the court to issue directives to the government not to release Mr Rehman and to place him on the exit control list. While the high court is yet to decide the application, Mr Rehman has been released a couple of days back on the order of the Supreme Court with the result that Mr Orakzai has filed a fresh application. The petitioner stated that the alleged killer of his brother Major Khalid Saeed Orakzai had now been granted full freedom. He stated that the military government was unwilling to register a single corruption case against Mr Rehman despite documentary evidence of a horse-trading deal which the petitioner had provided to the NAB. The petitioner recalled that an SC bench had ruled that the murder be investigated in the context of horse-trading allegations and that the murder had nothing to do with the religious beliefs of the victim. REFERENCE: Saif’s arrest in murder case sought: Plea filed in PHC Bureau Report DAWN WIRE SERVICE Week Ending: 1 December 2001 Issue:07/48 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/dec0101.html
Judicial Murder of Zulfikar Ali Bhutto Part 5
ISLAMABAD, Jan 20: Shahid Orakzai, the appellant in the storming of the Supreme Court case, on Thursday stated that like every citizen of the country he too was shocked at the acquittal of the PML legislators for lack of evidence, and was “aggrieved” by the court decision. He was replying to the objections raised by the PML lawyer that the appellant was not the aggrieved person according to law and his appeal should not be entertained by the court. Mr Orakzai who had started his arguments on Tuesday completed them on Thursday. The Attorney General Aziz A. Munshi will start his arguments on Friday. The AG was not present in the courtroom on Thursday due to his engagement in the cabinet meeting. All the PML parliamentarians who were earlier acquitted of the contempt of court charges – Tariq Aziz, Mian Munir, Chaudhry Tanveer, Sardar Nasim, Akhtar Mehmood Advocate, and Shahbaz Goshi- were present in the courtroom. The appellant stated that he had filed the appeal in accordance with the SC rules. He said that under the law the Attorney General was the prosecutor in the contempt of court matters. But the former attorney general assigned the job to the Deputy Attorney General (DAG) who did not perform his duties properly.
Judicial Murder of Zulfikar Ali Bhutto Part 6
Had the DAG performed his duties well, he would have been saved from filing the present appeal, the appellant added. The appellant further stated that 53 persons were asked to record their statements in the case and the prosecutor (DAG) had not asked a single question from the 33 people. The court asked him to give reasons for his being aggrieved and avoid criticising the law officers for failing to perform their role. The appellant said that he had nothing personal against the PML but in the storming case the party could not be spared. He said the Constitution had prohibited propaganda against the judiciary and the armed forces. The appellant said that his appeal was not time barred as argued by the PML lawyers. Chief Justice Saiduzzaman Siddiqui observed that an appeal could be filed within 60 days. Justice Irshad Hasan Khan observed that the apex court had the powers to even enhance the period for the filing of the appeal. The AG would start his arguments on Friday. REFERENCE: Storming case: Appellant says plea according to SC rules Bureau Report DAWN WIRE SERVICE Week Ending : 22 January 2000 Issue : 06/04 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/22jan00.html
Judicial Murder of Zulfikar Ali Bhutto Part 7
ISLAMABAD, Sept 14: A five-member Supreme Court bench, on Thursday stopped appellant Shahid Orakzai from entering the court premises for a period of one month, or till the conclusion of the hearings, so as to avoid any obstruction in the ongoing proceedings of the apex court storming case. The order was passed by the five-judge bench, headed by Chief Justice Irshad Hasan Khan, and comprising Mr Justice Bashir Hassan Jehangiri, Mr Justice Sh. Riaz, Mr Justice Ch. Muhammad Arif and Mr Justice Munir A. Sheikh. The bench is hearing an appeal, filed by Mr Orakzai, a journalist, over the decision of a three-judge bench. The case was started when leaders and workers of Pakistan Muslim League allegedly attacked the Supreme Court building, where a bench headed by then Chief Justice Sajjad Ali Shah, was hearing a contempt of court case against the then prime minister Nawaz Sharif. On Thursday, Attorney General Aziz A. Munshi stated that an earlier conclusion drawn up by a three-member bench of the SC needed to be reviewed. He had been asked by the court on Wednesday to give his opinion, on whether the conclusions drawn by the three-member bench of the SC on the same issue were correct, or were based on misleading evidence.
Judicial Murder of Zulfikar Ali Bhutto Part 8
The AG stated that people identified by witnesses in their statements, should have been asked to explain the purpose of their visit to the court on November 28,1998. He said that Saifur Rehman, former chairman of the Ehtesab Bureau was seen by many witnesses, but the court did not issue him a show cause notice. Similarly, Tahir Khaili, political secretary to the then prime minister, was also identified by the witnesses, but he too was not summoned. He suggested that the people who were identified, but were not issued show cause notice, should be asked to explain the purpose of their visit. The AG also submitted a synopsis of the incriminating evidence. After reading the synopsis, the AG said that the court, which had came to the conclusion that grossest contempt of court had been committed, should have tried the people for the offence. The CJ, however, did not agree with the proposal that more witnesses should be summoned, and asked the attorney general to confine himself to the existing respondents. The AG read out from the evidence that Saifur Rehman was spotted in the Supreme Court building along with his supporters. The AG requested the court to allow DAG, Tanveer Bashir Ansari to read out the evidence.
Judicial Murder of Zulfikar Ali Bhutto Part 9
The DAG read out the statement of Zahid Hussain, journalist, Altaf Bhatti, and Fakhr-ur-Rehman. After reading the evidence, the DAG requested the court to summon witnesses like Saifur Rehman and Mushtaq Tahir Khaili. When the DAG said that it was a case of contempt of court at the face of the court, the CJ said it was not like that. The CJ further said that Justice Sajjad Ali Shah was right in saying that slogans against the judiciary were tantamount to contempt of court. In his concluding remarks, Aziz A. Munshi said that his anxiety as prosecutor was to point out the lacunas in the earlier judgment of the court. He said that he was not making a request for summoning more witness to settle his personal scores, but was doing so for upholding the dignity of the court. When the court invited Shahid Orakzai to address the court for ten minutes, Mohammad Ali Sayeed, counsel for Pakistan Muslim League, said that Orakzai had no right to address the court. He said Mr Orakzai had himself committed grossest contempt of court. When Shahid Orakzai was finally allowed by the court, he was told that whatever he wanted to say, he should say in ten minutes. Mr Orakzai said that he should be told in plain words what the court wanted to do with him. The CJ explained that the AG, prosecutor in the case, had concluded his arguments. Shahid Orakzai asked the court to grant him time as he wanted to consider the option of withdrawing his appeal. When the court asked him to sit down, Mr Orakzai said that there was no question of sitting down in the court room. In the same case, the SC bench in which the sitting CJ was member, had allowed him to speak for two days, he stated.
Judicial Murder of Zulfikar Ali Bhutto Part 10
The court explained that under the contempt laws, if contempt of court was pointed out by somebody and the court took cognizance of that, then it was between the court and the contemner. Shahid Orakazi said that nobody, even the court, was above the law and he was guaranteed equal treatment under the constitution. At this the court invited the attorney general and asked him to ensure that he be prevented in future from obstructing the proceedings of the case. The court rose about twenty minutes before the scheduled time, and announced that it would like to see the video film made on the closed circuit TV system. After one hour, the court announced the order which is as follows:
“The learned Attorney General for Pakistan has concluded his arguments in the titled appeal. In order to give the hearing to Mr Shahid Orakzai, who had moved an application against the impugned order of a three-member bench of this court and which application had been turned into an appeal, he was allowed to address the court for ten minutes. He rose from his seat and took the rostrum. He started with irrelevant matters. He was stopped to refer to any such matter which has no nexus with the determination of the point involved. He became enraged and started misbehaving. It is not the first time that he has behaved in this manner. His conduct has always been to brow-beat the court in such like matters. He is in the habit of remaining in attendance in all such cases in which he has no interest nor he has ever been a party to such proceedings. We have, therefore, decided that Shahid Orakzai should be stopped from entering the court premises for a period of one month or till the conclusion of the case, whichever is earlier, so as to avoid any obstruction in the course of justice. This is apart from any action that we may deem proper to take against him. Order accordingly. We direct the learned Attorney General for Pakistan and the Inspector General of Police, Islamabad to take appropriate steps for ensuring compliance of this order. REFERENCE: Appellant banned from entering court: SC storming case hearing Rafaqat Ali DAWN WIRE SERVICE Week Ending : 16 September 2000 Issue:06/35 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/sep16.html#appe
PESHAWAR, July 5: An application was filed in the Peshawar High Court requesting the court to place the name of former senator Saifur Rehman on Exit Control List as a deal had reportedly been struck between him and the government to allow him to leave for Qatar. The application was filed in a writ petition filed by a journalist Shahid Orakzai, requesting the court to issue directives for bringing back former Prime Minister Nawaz Sharif and his brother Shehbaz Sharif as, according to his claim, they were involved in the killing of his brother. In his application, Mr Orakzai claimed that in the writ petition the high court had already issued notices to the federal and provincial governments on June 27 and had thereby invited their comments within 14 days. He stated that in the meanwhile the federal government had reportedly struck a deal with Saifur Rehman through NAB to allow him an exit from Pakistan to the State of Qatar.
NRO: Nawaz Sharif, Judiciary & Charter of Democracy - Part 1
NRO: Nawaz Sharif, Judiciary & Charter of Democracy Part 2
The applicant claimed that like the ex-prime minister, what the ex-senator is being made to pay in the plea-bargain is just peanuts. The applicant added that the Crimes Branch Police, conducting investigation “at a snail’s pace” was “too shy” to arrest the nominated killer of his brother because of his connections in the federal government hierarchy. He added that if allowed an exit from Pakistan, the accused could not be retrieved like former prime minister Nawaz Sharif and former chief minister of Punjab, Shehbaz Sharif, since he would not be under the control of the federal government and no other sovereign state would guarantee his movement. The applicant, Shahid Orakzai, has also requested the court to put the name of former member of National Assembly, Javed Piracha on the Exit Control List. REFERENCE: Plea to put Saif’s name on ECL Bureau Report DAWN WIRE SERVICE Week Ending: 07 July 2001 Issue : 07/27 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jul0701.html#plea
Kamran Khan & Shaukat Aziz discussing Saudi - Nawaz Sharif Deal.
ISLAMABAD: The 10-year-old official record of the Sindh High Court (SHC) reveals that PML-N chief Nawaz Sharif, when he was a high profile detainee of Pervez Musharraf, during his trial on the hijacking charges punishable with death penalty, had not only shown confidence but also praised professionalism of the then Sindh High Court chief justice and the new NAB chairman, Deedar Hussain Shah. The record available with The News reveals that with the elevation of the then SHC CJ, Deedar Hussain, to the Supreme Court on April 28, 2000, detained Nawaz Sharif had suddenly found himself in big trouble at the hands of the new SHC CJ, who had constituted a full bench to hear the hijacking case on a daily basis. It created panic in the ranks of Nawaz’s legal team. The court documents show that Nawaz and his legal team were satisfied with the role of the SHC CJ, Deedar Hussain Shah, because they believed that in line with the norms of justice, he neither allowed a speedy trial of Nawaz nor he formed a full bench like his successor. Deedar Hussain Shah, when he was the SHC CJ, had actually appointed a three-member bench comprising Justice Abdul Hameed Dogar, Justice Rabbani and another judge, to hear the Nawaz case and the former prime minister was quite satisfied with this bench and its proceedings. After reading these papers, it becomes quite obvious that Deedar Hussain Shah was sent to the Supreme Court because General Musharraf was unhappy with him during the trial of Nawaz Sharif. The official record shows that Nawaz’s legal team had praised the then SHC CJ Deedar Hussain Shah in the petition no. 172/2000, which was filed to challenge the speedy trial and formation of a full bench by the new SHC CJ. The petition was filed on June 27, 2000, challenging whether Sindh High Court registrar could constitute a full bench for hearing of anti-terrorism appeals under Rules 2 and 5 of the high court. Nawaz Sharif’s lawyer had complained in writing to the SHC after the elevation of Deedar Shah as the SC judge followed by the appointment of the new SHC CJ that the role of secret agencies had suddenly become important in proceedings that had greatly disturbed Nawaz. He complained in the petition that after the appointment of the new SHC chief justice, inconveniences had been created by four intelligence agencies.
Off The Record with Kashif Abbasi 10th March 2011
off the record 3/10/11 - P2 - 2 / 3
off the record 3/10/11 - P2 - 3 / 3
But, today after the lapse of 10 years, the PML-N leaders have come out to attack the same judge and challenged his appointment as the NAB chairman on grounds that once he was a PPP worker and had contested election on its ticket. But Nawaz’s legal team and leaders did not question him or his past political affiliation as they had found him a professional judge who did not allow secret agencies to disturb the court’s environment or form a full bench or order his speedy trial as it was done later. The documents revealed that with the elevation of Deedar Hussain Shah to the SC in April 2008, Nawaz Sharif was not happy, telling the court in writing that when he (Deedar Shah) was the SHC CJ, environment of the court was smooth, orderly and peaceful. Deedar Shah had also worked with Chief Justice Iftikhar Mohammad Chaudhary and had retired without any complaint against him as he enjoyed a good record as a judge. Giving details of problems he faced after the elevation of Deedar Shah to the SC, a Nawaz lawyer wrote in his petition: “When earlier hearings of instant hearings of instant appeal were taking place, Justice Deedar Hussain was the chief justice of the Sindh High Court and at that time no such problems existed though the courtroom was full to the brim. It was because the honourable SHC chief justice (Deedar Shah) had told in advance to advocates of the parties and he had ordered the registrar to issue warnings to the public through the media to maintain discipline and behave properly otherwise entry for attending the hearings of appeal would be restricted. After these warnings, every hearing had then passed smoothly, orderly, and peacefully.” REFERENCE: Nawaz trusted the new NAB chairman Rauf Klasra Saturday, October 09, 2010 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=1195&Cat=13&dt=10/9/2010
انسانوں کو ناانصافی کے ترازو پر نہ تولا جائے……عرض
Source: Jang, 12 October 2010
لگ بھگ 13سال پرانی بات ہے۔ میں گلشن حدید میں ایک دوست کے ساتھ موجود تھا، مجھے اطلاع ملی کہ الفلاح تھانے کی حدود میں ڈی ایس پی عزیز الرحمٰن کے دو بیٹوں سب انسپکٹر کاشف عزیز اور راشد عزیز کو ان کے ڈرائیور اور گن مین کے ہمراہ قتل کردیا گیا۔ میرے ساتھی کرائم رپورٹر بھی میرے ساتھ گلشن حدید میں موجود تھے، ہم دونوں فوری طور پر وہاں سے اٹھے اور وقوعہ کی جانب چل دیئے۔ ہم قتل کی تفصیلات معلوم کرنے کے ساتھ ساتھ مقتولین کے ورثا کا موقف بھی جاننا چاہتے تھے۔ ملیر سے الفلاح کی جانب مڑے ہی تھے کہ ہمیں ایک اور اخبار کے کرائم رپورٹر نظر آئے۔ انہوں نے کہا کہ آپ وہاں نہ جائیں کیونکہ مقتولین کے والد قتل کے ذمہ داروں میں آپ کا اور دیگر صحافیوں کے نام لے رہے ہیں۔
میں چونک پڑا قتل کی کسی بھی واردات سے میرا یا کسی اور صحافی کا کیا تعلق ہوسکتا ہے۔ دراصل کئی برس قبل ہمارے اخبار میں مقتولین کے بارے میں ایک خبر شائع ہوئی تھی۔ یہی خبر ایک ہفت روزہ میں بھی شائع ہوئی تھی۔ اس خبر کی اشاعت کے اگلے روز ہم نے ڈی ایس پی عزیز الرحمٰن اور ان کے بیٹے کا وضاحتی بیان بھی شائع کردیا تھا۔ تاہم ڈی ایس پی عزیز الرحمٰن نے میرے اور مقامی ہفت روزہ کے مدیر کے علاوہ ہمارے رپورٹروں کے ساتھ ساتھ بعض دیگر افراد کے خلاف قتل کا مقدمہ درج کرا دیا۔
مقدمہ کے اندراج کے چند روز بعد ایس ایچ او الفلاح ممریز خان ہماری گرفتاری کیلئے تھانے سے نکلے اور پہلے مقامی ہفت روزہ کے دفتر پہنچے۔ میں اس وقت پریس کلب میں موجود تھا۔ اس موقع پر صحافی دوست اور کے یو جے اور پریس کلب “ کے عہدیداران ہفت روزہ کے دفتر پہنچ گئے۔ میں نے ڈی آئی جی ملک اقبال صاحب کو فون کرکے ان سے پوچھا کہ میں اس وقت پریس کلب میں ہوں، آپ بتائیں کہ میں گرفتاری کیلئے کہاں پہنچوں؟ انہوں نے کہا کہ ابھی پولیس تفتیش کررہی ہے ابھی صحافیوں کی گرفتاری کا مرحلہ نہیں آیا۔ اس پر میں نے پوچھا کہ متعلقہ تھانہ کے ایس ایچ او ہفت روزہ کے دفتر میں موجود ہیں اور وہ رفیق افغان اور ان کے رپورٹر کو گرفتار کرنے کیلئے وہاں پہنچے ہوئے ہیں۔
ہمارے دفتر کی جانب سے ہمیں ہدایت کی گئی کہ ہمیں اس مقدمہ میں ضمانت قبل از گرفتاری کرا لینی چاہئے۔ ہمارے وکیل نے ضمانت کے کاغذات تیار کئے اور ہم متعلقہ ڈسٹرکٹ اینڈ سیشن جج کی عدالت میں پہنچے۔ صدر آصف علی زرداری کے انتہائی قریبی دوست اور رفیق کار ان دنوں ڈسٹرکٹ اینڈ سیشن جج تھے۔ انہوں نے ہمیں اپنے روبرو طلب کرنے اور ہمارا موقف سننے سے انکار کرتے ہوئے یہ معاملہ اس ہدایت کے ساتھ ایڈیشنل ڈسٹرکٹ اینڈ سیشن جج کے حوالے کردیا کہ ان کی ضمانتیں منظور نہ کی جائیں۔ ہم ایڈیشنل ڈسٹرکٹ اینڈ سیشن جج کے چیمبر میں پہنچے تو وہاں ایک اہم سیاستدان اور سابق سینیٹر ان کی کرسی کے برابر میں کرسی لگا کر بیٹھے ہوئے تھے۔ عدالت نے ہماری درخواست پر ایک مختصر حکم لکھا اور ہماری درخواست مسترد کردی۔
اگلے روز ہم ہائیکورٹ چلے گئے۔ ہائی کورٹ میں ہمارا کیس جسٹس دیدار حسین شاہ کے روبرو لگایا گیا۔ پاکستان کی تاریخ کے چند نامور قانون دانوں میں سے ایک انتہائی قابل، ذہین اور ماہر قانون دان خالد اسحاق میرے پاس آئے اور مجھے کہا کہ تم جسٹس دیدار حسین شاہ کی عدالت میں پیش ہونے کے بجائے شہر سے باہر چلے جاؤ۔ یہ انتہائی با اصول جج ہیں، کسی کی سفارش نہیں سنتے، کسی کا چہرہ دیکھ کر فیصلہ نہیں کرتے، یہ کسی بھی بڑی شخصیت کو خاطر میں نہیں لاتے۔ اگرچہ انہیں پی پی دور میں جج بنایا گیا مگر وہ پیپلز پارٹی والوں سے بھی کوئی رعایت نہیں کرتے۔ بہتر یہی ہے کہ آپ مری چلے جائیں۔ میں نے ان سے گزارش کی کہ اگر میں مجرم ہوں تو کب تک بھاگتا پھروں گا اور اگر میں بے قصور ہوں تو کیوں چھپتا پھروں۔
اتنے میں ہماری باری آگئی۔ میں اپنی زندگی میں پہلی بار جسٹس دیدار حسین شاہ کو دیکھ رہا تھا۔ میری ان سے کبھی بھی بالمشافہ ملاقات نہیں ہوئی تھی۔ میرے ساتھ میرے وکیل تھے جو اللہ تعالیٰ کے فضل و کرم سے اب سندھ ہائیکورٹ کے جج ہیں۔ میرے وکیل نے لگ بھگ تین سے چار منٹ تک اپنی معروضات پیش کیں۔ جسٹس دیدار حسین شاہ نے میری طرف ایک نظر اٹھا کر بھی نہیں دیکھا۔ انہوں نے میری اور میرے رپورٹر کی ضمانت قبل از گرفتاری منظور کرتے ہوئے پولیس کو نوٹس جاری کردیئے اور اگلی پیشی میں پولیس نے صحافیوں کے نام سی کلاس میں ڈال دیئے تھے۔
میں یہ بالکل نہیں کہتا کہ جو مجھے انصاف دے وہی اچھا منصف ہے۔ صدر زرداری کے قریبی رفیق کار سے ہماری ضمانت قبل از گرفتاری منظور نہیں ہوسکی۔ ہمارے معاملے میں ایک سینئر سیاستدان ، سابق سینیٹر جج کی کرسی کے ساتھ کرسی لگا کر بیٹھے تھے۔ ہماری گرفتاری میں وزیر اعلیٰ ہاؤس گہری دلچسپی لے رہا تھا۔ ہمارے ایک ساتھی صحافی کی گرفتاری کیلئے ایس ایچ او ان کے دفتر پہنچ چکا تھا۔
ان دنوں جسٹس دیدار حسین شاہ کے خلاف ایک طوفان اٹھا ہوا ہے۔ طوفان اٹھانے والے شاید دیدار حسین شاہ کو نہیں جانتے۔ یہ بات تو مجھ سے زیادہ میاں نواز شریف جانتے ہیں کہ جنرل مشرف کے عہد میں بڑے بڑے سورما جابر حکمران کے سامنے سربسجود تھے۔ جسٹس دیدار حسین شاہ نے نواز شریف کے معاملے میں کوئی دباؤ قبول نہیں کیا تھا۔ میاں نواز شریف ضرور جانتے ہوں گے کہ جب دیدار حسین شاہ سندھ ہائیکورٹ سے سپریم کورٹ چلے گئے تھے تو انہیں کیسی کیسی مشکلات سے گزرنا پڑا تھا۔ میں سیاست اور سیاسی عمل کو گالی دینے کا تصور بھی نہیں کرسکتا مگر سیاست اور سیاسی اہداف کیلئے یہ ضروری ہے کہ کسی اچھے انسان کو ناانصافی کے ترازو پر تولا جائے۔
In session – 11th March 2011
In session - 11th march 2011 - p1
ISLAMABAD, April 25: President Mohammad Rafiq Tarar on Tuesday appointed five judges to the Supreme Court of Pakistan. With the appointment of these judges, the strength of the Supreme Court judges, i.e. 17, stands completed. The newly-appointed judges include Justice Mian Mohammad Ajmal, Chief Justice, Peshawar High Court; Justice Deedar Hussain Shah, Chief Justice, High Court of Sindh; Justice Javed Iqbal, Chief Justice, High Court of Balochistan; Justice Hamid Ali Mirza, judge, High Court of Sindh and Justice Abdul Hameed Dogar, judge, High Court of Sindh. These judges have been appointed to the SC from the date they respectively take upon themselves the execution of their offices as such judges. Following are the names of the judges of the Supreme Court according to their seniority:
1. Justice Irshad Hassan Khan, Chief Justice of Pakistan, 2. Justice Mohammad Bashir Jehangiri, 3. Justice Sheikh Ijaz Nisar, 4. Justice Sheikh Riaz Ahmed, 5. Justice Ch. Mohammad Arif, 6. Justice Munir A. Sheikh, 7. Justice Abdul Rehman Khan 8. Justice Rashid Aziz Khan, 9. Justice Nazim Hussain Siddiqi, 10. Justice Iftikhar Mohammad Chaudhry, 11. Justice Qazi Mohammad Farooq, 12. Justice Rana Bhagwan Das, 13. Justice Mian Mohammad Ajmal, 14. Justice Deedar Hussain Shah, 15. Justice Javed Iqbal, 16. Justice Hamid Ali Mirza, 17. Justice Abdul Hameed Dogar.-APP REFERENCE: Supreme Court judges’ strength completed Week Ending : 29 April 2000 Issue : 06/18 DAWN WIRE SERVICE http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/apr29.htmlIn session - 11th march 2011 - p2
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 DAWN WIRE SERVICE Week Ending : 5 February 2000 Issue : 06/05 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five
In session - 11th march 2011 - p3
In session - 11th march 2011 - p4
Ethnic Hatred "gone unnoticed" - Please “don’t attack Punjab” – Shahbaz Sharif – what does this imply?
LAHORE: Speaking at the annual seminar in the memory of Maulana Mufti Muhammad Hussain Naeemi at Jamia Naeemia, CM Punjab Chief Minister Shahbaz Sharif on Sunday asked the Taliban not to target the Punjab as the provincial government would not take dictation from outsiders. He said that extremism and terrorism were the consequences of wrong policies of a dictator, General Pervez Musharraf, for which the country was paying a heavy price. He said the dictator enacted a bloodbath of innocent Muslims at the behest of others only to prolong his rule. He asked the Taliban not to target the Punjab as his government would not take dictation from outsiders. He said that Ulema would have to play a leading role in promotion of unity, harmony and brotherhood in the country as well as to finding a way out of the existing crises. He said that there was a need for collectiveefforts to counter the challenges faced by the country.
Chaudhry Nisar Ali Khan on Altaf Hussain & MQM.
He said the PML-N strongly opposed an accountability bill aimed at concealing corruption. He said that though two years had passed, parliament had not been able to abolish the 17th Amendment and promises had not been honoured. He said parliament, however, should be given a chance to work. The CM said PML-N Quaid Nawaz Sharif had also advised President Asif Ali Zardari not to address the joint session of parliament until the 17th amendment was scrapped. Lauding the intellectual and religious services of Mufti Muhammad Hussain Naeemi, the CM said that he was an institution unto himself besides being an epitome of honesty and truth who dedicated all his energies for the service of Islam and propagation of its teachings. He said that Mufti Naeemi was a strong advocate of “Ittehad-e-Bainul Muslimeen” and strived for promotion of unity and cohesion between followers of all schools of thought throughout his life. He said that Shaheed Dr Sarfraz Hussain Naeemi also followed in the footsteps of his father and dedicated his life to forward his mission. He said that no effort would be spared for apprehending murderers of Dr Sarfraz. Earlier, Mohtamim Jamia Naeemia, Dr Raghib Hussain Naeemi, in his welcome address highlighted the religious services of the institution. Meanwhile, various resolutions were also passed unanimously during the seminar. The resolutions condemning the subversive acts perpetrated by banned religious outfits in Faisalabad and Dera Ismail Khan on Eid Miladun Nabi as well as prejudiced remarks of DPO Okara on Eid Miladun Nabi were passed unanimously. Similarly, a resolution condemning the publication of blasphemous caricatures, banning the construction of mosques’ minarets and wearing of scarves by Muslim women in the European countries were also passed. A resolution appreciating the federal government’s decision to award Tamgha-e-Shujaat to Dr Sarfraz Naeemi Shaheed and financial assistance given to the victims of June 12 tragedy at Jamia Naeemia was also passed.End. REFERENCE: CM Punjab Shahbaz asks Taliban not to attack Punjab Says Zardari should not address parliament until 17th Amendment scrapped Monday March 15, 2010 (1117 PST) http://www.paktribune.com/news/index.shtml?225526