LAHORE: The Lahore High Court (LHC) on Thursday ordered President Asif Ali Zardari to suspend his political activities and discontinue holding two offices at the same time. A four member bench headed by the Chief Justice of the Lahore High Court Ijaz Haider gave a 35-page verdict on the case of the president’s dual offices which was being heard by the court over the past year. The court had reserved its judgement in identical petitions challenging the holding of two important offices by President Zardari in March this year. The petitioner Advocate AK Dogar who was also counsel for the Pakistan Lawyers Forum had sought disqualification of the president. He had argued that under the Constitution, the president could not head the state and a political party simultaneously, and that Zardari should immediately quit one office. Holding two offices, Dogar said, amounted to subversion of the Constitution. REFERENCE: Dual office case: LHC orders Zardari to suspend political activities Published: May 12, 2011http://tribune.com.pk/story/
167158/dual-office-case-lhc- orders-zardari-to-suspend- political-activities/
Babar Awan says president can participate in politics
No law restricts president from political participation: Awan Published: May 12, 2011
Thursday, May 12, Jamadi-us-Sani 08, 1432 A.H
Babar Awan says president can participate in politics
No law restricts president from political participation: Awan Published: May 12, 2011
LHC vs President: Asma Jehangir expresses reservations
Way back in "90s"
View Point by Mubeen Rasheed with A K Dogar
The Lahore High Court accepts (Feb 9, 1998) the constitutional petition filed by Rafiq Tarar against his disqualification by the (former) Acting CEC and declared him qualified to contest for and hold the office of President. The acting CEC, Justice Mukhtar Ahmed Junejo of the Supreme Court, had found Mr Tarar, a former Supreme Court Judge, guilty of propagating views prejudicial to the integrity and independence of the judiciary at the time of his nomination as a presidential candidate under Article 63(G) of the Constitution and debarred him from the December, 1997 contest. [Courtesy: Excerpts from ISLAMIC PAKISTAN: ILLUSIONS & REALITY By Abdus Sattar Ghazali] - ISLAMABAD, Dec 18: Acting Chief Election Commissioner Justice Mukhtar Junejo on Thursday rejected the nomination papers of PML presidential candidate Justice Rafiq Tarar for making derogatory remarks against judiciary. The acting CEC rejected the nomination papers of Mr Tarar under Article 63 (g) of the Constitution and conveyed the decision to Senator Anwar Bhinder, counsel for Mr Tarar. Mr Tarar was not present when his nomination papers were rejected, however, his covering candidate Capt (retd) Halim Siddique and several other members of the ruling party were there. The acting CEC accepted nomination papers of six other candidates, including Capt Halim Siddique, Aftab Shahban Mirani, Senator Mir Zafarullah Khan Jamali and Maulana Mohammad Khan Shirani, a JUI MNA. In a seven-page order released later Justice Junejo said: “I am of the view that case of Mr Tarar is covered by sub-clause (g) of clause (1) of Article 63 of the Constitution and since he cannot be elected as member of parliament, hence in terms of Article 41(2) of the Constitution of Pakistan, he cannot be elected as president of Pakistan. I therefore, reject his nomination papers.” Article 63 (1)(g) reads: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (parliament), if he is propagating any opinion, or acting in any manner, prejudicial to to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan.” Parliamentary Secretary for Law Syed Zafar Ali Shah, who termed the order of the acting CEC unconstitutional and illegal, said the decision would be challenged in the court through a writ petition. REFERENCE: Six papers accepted CEC rejects Tarar’s nomination Bureau Report DAWN WIRE SERVICE Week Ending: 20 December 1997 Issue : 03/51http://www.lib.virginia.
edu/area-studies/SouthAsia/ SAserials/Dawn/1997/20Dec97. html Wrong choice, Mr Prime Minister M.P. Bhandara DAWN WIRE SERVICE Week Ending:20 December 1997 Issue : 03/51 http://www.lib.virginia. edu/area-studies/SouthAsia/ SAserials/Dawn/1997/20Dec97. html#wron
What was Leghari’s successor in office, Rafiq Tarar, doing in Quetta on the day the order suspending Chief Justice Sajjad Ali Shah was handed down by the Quetta Bench of the Supreme Court? Why did Tarar and two others fly to Quetta in a special plane on that disastrous day? Leghari is right. Questions are being asked. Why were the police at the Quetta airport ordered not to manifest his arrival (which instructions they in fact manifested)? Where did Tarar stay on the night of November 26 (his departure on November 27 having been manifested by the airport police)? What reward was he given for his day’s efforts? Why, on January 20, was a story leaked by the government to the press about the obstruction of justice early in 1997 in an alleged rape case involving a servant in the then Justice Ajmal Mian’s Karachi house when he, as CJ, was presiding over the bench hearing contempt of court cases against Nawaz Sharif and others? Why were stories leaked about the foreign sholarship sponsored by the government to the wife of the good J-1 Saeeduzzaman Siddiqui? Why is the Muslim League inner circle boasting that the ‘package’ . REFERENCES: The second Tumandar Ardeshir Cowasjee Week Ending : 28 February 1998 Issue : 04/09 http://www.lib.virginia.
edu/area-studies/SouthAsia/ SAserials/Dawn/1998/28Feb98. html
TWO weeks ago, I was wrong when I wrote: “During the three years he sat there, one sole judgment authored by the Honourable Justice Tarar was recorded in a PLD — his concurring judgment in the case of the 1993 dissolution of the National Assembly restoring Nawaz Sharif.” Two judgments of his have been recorded, the second being Criminal Appeal No. 74/SAC/L, decided by Tarar on February 19, 1994, reported at 1994 SCMR 1466. This was the case of “Muhammad Ashraf and Others versus The State,” an appeal against the enforcement of the Hudood Ordinance and the conviction of the appellants by the Special Court for Speedy Trials No.II, Lahore. Muhammad Ashraf, Khalid Javaid and Zafar Ali had been sentenced to have their right hands amputated from the wrist and their left legs from the ankle, to seven years RI, and to a fine of Rs.20,000 each. Their crime was the theft of Rs.40,000 and of a licensed pistol from one Zahid Mahmood, and for “causing him simple and grievous injuries” in the process. The learned honourable Chairman of the Supreme Appellate Court, Justice Muhammad Rafiq Tarar, headed the bench comprising members Justices Afrasiab Khan and Muhammad Zubair. The honourable Justice Tarar wrote the judgment. His concluding paragraph :
Sachiyan Gallan With AK Dogar Part 01
“Before convicting the appellants, the learned trial Court considered all the relevant provisions of law, including sections 10, 11, 16 read with sections 7 and 20 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 which cater for situations where Hadd shall not be imposed and/or enforced and on proved facts rightly concluded that the offence committed by the appellants squarely falls within the ambit of section 17(3) of the Ordinance. The only punishment provided by section 17(3) is the amputation of right hand from the wrist and left leg from the ankle which has been imposed by the learned trial Court and we confirm the same.” To repeat, the year was 1994.
Another interesting case has come to light involving the honourable and learned Justice Tarar. On August 3, 1994, Justices Munir Khan and Mir Hazar Khan Khoso of the Supreme Court heard the matter of “Khalil-uz-Zaman versus Supreme Appellate Court Lahore,” reported at PLD 1994 SC 885. This was an appeal against the judgment of that court dated March 14, 1993, passed in Criminal Appeal 91/SAC/L/92. The chairman, again, of that honourable Supreme Appellate Court was Justice Tarar, sitting with Judges Raja Afrasiab Khan and Abdul Majid Tiwana.
Sachiyan Gallan With AK Dogar Part 02
Justice Tarar wrote the judgment (not reported), opening up : “This appeal by Khalil-uz-Zaman convict is directed against the judgment of the learned Special Court for Speedy Trials-II Lahore, whereby he was convicted u/s 302 and 324 read with Section 337-F of the PPC. Under Section 302-PPC he was sentenced to death as Tazir and was directed to pay Rs.50,000 as compensation to the legal heirs of Mst Aasia Perveen deceased u/s 544-A of the Cr.P.C. and u/ss 324/337-F of the PPC he was sentenced to imprisonment for 10 years….” He finished off: “In the circumstances, the appellant is liable for Qatl-e-Amd u/s 302(a) of the PPC punishable with death as Qisas. In that view of the matter, the order directing payment of compensation is set aside. His conviction and sentence u/s 337-F is also set aside and with the above modification his appeal is dismissed.”
Aaj Kamran Khan kay Saath (8th October 2009) Part 5 of 5
Kamran Khan Loves Asif Ali Zardari (GEO TV March 2008)
ISLAMABAD, Pakistan — Asif Ali Zardari, the widower of the slain opposition leader Benazir Bhutto, now sits at the pinnacle of Pakistani politics. It is a startling comeback for a man who, though never convicted here, spent 11 years in jail here on corruption and murder charges as one of Pakistan’s most ostracized figures. The election victory last month of Ms. Bhutto’s party, which he now leads, has left Mr. Zardari, 51, Pakistan’s kingmaker. He came closer than ever to official rehabilitation last week, when a court here dropped many of the corruption cases against him. The last two cases in Pakistan are scheduled to be dismissed this week. These days, Mr. Zardari’s most pressing concern is whom to choose as prime minister, a decision he is expected to make any day now.
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Mr. Zardari’s sudden revival is a reminder of how Pakistan has veered between military rule and civilian governments that have been dogged by allegations of corruption, and how those cases can be prosecuted — or wiped away — depending on the political winds. The dismissal of the corruption cases was a key demand by Ms. Bhutto as she negotiated her return to Pakistan after eight years in exile, under an American-backed power sharing deal intended to preserve President Pervez Musharraf. But it is Mr. Zardari who has become the accidental beneficiary of that plan, which is now in shreds. On Sunday, he and the other main opposition leader, Nawaz Sharif, said they would seek to curb what remained of the president’s already diminished powers. The pair pledged to bring an end to the Musharraf era. In an interview just before the elections, Mr. Zardari said the cases against him were politically driven. The accord agreed to by Mr. Musharraf, known as the National Reconciliation Order, and on which the court acted last week, exonerated him, he said. “Before she laid down her life she made sure that the world acknowledged, everybody acknowledged that they were politically motivated cases,” Mr. Zardari said of Ms. Bhutto in an interview just before the elections. “So I think I am exonerated.”
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In the interview, Mr. Zardari seemed almost impervious to the corruption cases, and to the fact that he remained on bail with more than a dozen other defendants on conspiracy charges in the 1996 murder of his brother-in-law, Murtaza Bhutto. Ms. Bhutto said the killing was a plot by Pakistani intelligence agencies to divide and weaken her family. “They always come to me through legality,” Mr. Zardari said. “They always have a legal reason. After all, Christ was tried. It is not that they didn’t give him a trial. They did. How good the trial was, that is another thing.” The National Reconciliation Order absolved politicians, bankers and bureaucrats — but not ordinary citizens — charged with corruption offenses from 1988 to October 1999, when Mr. Musharraf grabbed power in a bloodless coup. The five cases against Mr. Zardari that were dismissed last week ranged from charges that he took $10 million in kickbacks from a gold importing company to allegations that he improperly used government funds to build a polo ground at the prime minister’s residence in Islamabad. In the gold case, Mr. Zardari was charged with taking bribes from ARY International Exchange, a gold bullion dealership based in Dubai, in exchange for awarding the company an exclusive license in 1994 to import more than $500 million worth of gold that was used in Pakistan’s jewelry businesses.
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A report on private banking and money laundering in the United States Congress in 1999 said Mr. Zardari had accumulated $40 million in Citibank accounts. In describing the ARY case, the report cited allegations that some of Mr. Zardari’s Citibank accounts were used to “disguise $10 million in kickbacks for a gold importing contract in Pakistan.” Mr. Zardari always denied the charges, and the head of the company, Abdul Razzak Yaqub, denied he had paid bribes. Another case that was dismissed by the anticorruption court involved charges that Mr. Zardari had received illegal commissions from two Swiss companies, Cotecna, and Société Générale de Surveillance, after the companies were awarded a contract for pre-shipment inspections for imports to Pakistan. That case is also being tried in Switzerland. In 2003, a Swiss magistrate found him and Ms. Bhutto guilty on money laundering charges, and ordered them to return $12 million to the Pakistani government. The couple fought the charges vigorously and appealed the case, prompting a new investigation by the Swiss authorities that resulted in new charges of aggravated money laundering.
Asif Ali Zardari in Frontline - Part 1 (27 Nov 09)
Asif Ali Zardari in Frontline - Part 2 (27 Nov 09)
Asif Ali Zardari in Frontline - Part 3 (27 Nov 09)
Mr. Zardari, who has various health problems and declined to show up at hearings in Geneva after his release from prison in 2004 on the grounds that he was too ill, has continued to appeal the case, now being heard by the court of appeals there. In Britain, Mr. Zardari faces a civil case brought in connection with a country manor with hundreds of acres in southern England where he made extensive renovations, including the installation of an imitation of a local pub. The Pakistani government is seeking to recover the money that Mr. Zardari used to pay for the manor on the grounds that it was ill-gotten gains. People involved in the case said last week that the case was still active and being contested by Mr. Zardari. The corruption charges against Mr. Zardari stem from his actions during Ms. Bhutto’s two terms as prime minister, a time when he was known as “Mr. 10 Percent” because of allegations that he demanded a cut of contracts after his wife assumed office in 1988. She was dismissed in 1990 after two years in office, and Mr. Zardari served three years in prison from 1990 to 1993 on corruption charges that were never proved. In her second term, from 1993 to 1996, he wielded more power as minister of environment and investment. When she was dismissed in 1996 by President Farooq Leghari, Mr. Zardari was again arrested on corruption charges. He remained in prison until November 2004, shuffling among facilities in Lahore, Rawalpindi and his home city of Karachi, always the wheeler dealer, whether in jail or out. Mr. Zardari was classified as an A class prisoner and received certain privileges: a separate room from the main prison wing with an attached bathroom, air-conditioning and two servants.
Asif Ali Zardari in Frontline - Part 4 (27 Nov 09)
Asif Ali Zardari in Frontline - Part 5 (27 Nov 09)
A lawyer, Talib Rizvi, who often visited him in jail, said Mr. Zardari always managed to have the best of food, and always seemed in high spirits. “I had one of my finest lunches in that jail — Asif used to get food from Clifton House,” said Mr. Rizvi, referring to the grand Bhutto family residence in Karachi. “He would get food for 50 people.” Expensive gifts to friends were customary, including gold cufflinks “worth thousands of dollars,” and sets of fountain pens, he said. And as generous as Mr. Zardari was toward his friends, Mr. Rizvi said, he was as tough against his enemies. Mr. Rizvi said Mr. Zardari offered to organize revenge against assailants who had shot at Mr. Rizvi in the remote area of Baluchistan when he went to defend men charged with the murder of a tribal leader.
Asif Ali Zardari in Frontline - Part 6 (27 Nov 09)
Asif Ali Zardari in Frontline - Part 7 (27 Nov 09)
Afterward, Mr. Rizvi, who said he regarded himself as a big admirer of Mr. Zardari, recalled: “I said, ‘I am not going to press charges.’ Asif said, ‘I will see to it — I will finish them.’ ” Mr. Rizvi said he advised Mr. Zardari that his offer was not necessary. After his release from jail in 2004 as part of an early but failed reconciliation effort between the Musharraf government and Ms. Bhutto, Mr. Zardari took up residence in Manhattan, living in the elegant Helmsley Carlton apartment block on 61st Street and Madison Avenue. Mr. Zardari, attentive to his grooming, which sometimes includes a stylized blackened mustache instead of his natural salt and pepper, has always had a taste for the high life, according to his friends. Azher Khan, who attended high school with him in a rural area of Sindh Province, said Mr. Zardari was something of a playboy in the early 1970s, and had the advantage of a father who owned the Bambina Cinema, which featured a risqué neon sign.
In the early 1970s, Mr. Zardari went to London. There, he said in the interview, he attended the London School of Business Studies and received a bachelor of education degree. His official biography says he attended a commercial college called Pedinton School. But a search of tertiary educational institutions in London showed no such school, and associates said he did not finish his studies. The question of whether Mr. Zardari has a university degree is a delicate matter because President Musharraf introduced a law in 2002 that made it compulsory for parliamentary candidates to hold a degree in order to qualify for electoral office. There are now expectations among his political colleagues and in the Pakistani news media that Mr. Zardari will run for Parliament so he can then assume the post of prime minister. In the interview, Mr. Zardari said the prime minister’s office did not interest him because it would be “very restrictive.” He wanted, instead, to re-energize the Pakistan Peoples Party. Asked in the interview if he had a degree, Mr. Zardari replied: “I do have a degree. That is not an issue.” He said he attended the London School of Business Studies “much before I was married. I think it’s a B.Ed. degree. I haven’t really looked at it,” he said, referring to a bachelor of education. Mr. Zardari, three years younger than Ms. Bhutto, was chosen as her husband by Ms. Bhutto’s mother at the moment when Ms. Bhutto was entering politics. It was considered an unusual match: brainy Oxford and Harvard graduate with a polo-loving, hard-living charmer.
Once Ms. Bhutto came into power, Mr. Zardari was often regarded as a liability in her political career. Ahmad Mukhtar, who was commerce minister in Ms. Bhutto’s second term and appears to be Mr. Zardari’s favored candidate for prime minister in the new coalition government, recalls telling Ms. Bhutto: “There is propaganda against him, and we get a black name from it. Next time you come to power send him to play polo in Argentina.” But Mr. Mukhtar said he came to like Mr. Zardari when they shared time together in jail in Karachi. Mr. Mukhtar was arrested in May 2000 by the Musharraf government on charges connected with his tenure as commerce minister. The charges were dropped 17 months later. Mr. Zardari is one of more than a dozen people accused in a conspiracy in 1996 to kill Ms. Bhutto’s brother, Murtaza, a political opponent of Mr. Zardari and Ms. Bhutto, according to Omar Sial, a lawyer for the family of Mr. Bhutto. Asked in the interview if he was on bail, Mr. Zardari replied: “That is correct.” And not just in one case, he added, “but I don’t know how many.” The murder case is still active but has languished for 12 years, because Mr. Zardari and the other defendants, mostly policemen, have failed to show up in court. “He claims to be grievously ill and says he couldn’t travel,” said Fatima Bhutto, the daughter of Murtaza Bhutto and a critic of Ms. Bhutto and her husband. “Then his wife dies, he turns up fit and fine, perfectly healthy and it seems to be lies.” Even now that Mr. Zardari is in the country, however, no one here believes the case will be pursued seriously. REFERENCE: From Prison to Zenith of Politics in Pakistan By JANE PERLEZ Published: March 11, 2008 http://www.nytimes.com/2008/03/11/world/asia/11pstan.html?pagewanted=1&_r=1&ref=world http://www.nytimes.com/2008/03/11/world/asia/11pstan.html?pagewanted=2&_r=1&ref=world http://www.nytimes.com/2008/03/11/world/asia/11pstan.html?pagewanted=3&_r=1&ref=world