Wednesday, July 27, 2011

PML (Nawaz), Gen (R) Mirza Aslam Beg & Judiciary Under Martial Law.


Way Back in 2003: KARACHI - With the arrest on Wednesday night of the president of the Alliance for the Restoration of Democracy (ARD), Makhdoom Javed Hashmi, on charges of abetting mutiny, Pakistan's rulers have made it starkly clear that they are not afraid to use an iron fist when needed. Police seized Hashmi, who is also acting head of the opposition Pakistan Muslim League (Nawaz - PML-N), from his Parliament Lodges apartment in Islamabad, from where he was taken into custody. Just hours earlier, speaking to newsmen in his apartment, Hashmi had expressed concern that he had been targeted because he had earlier distributed a letter purportedly written by disgruntled army officers in general headquarters. Hashmi said that in fact he had received a number of letters from army officers in the past months expressing dissatisfaction with President General Pervez Musharraf, who is also army chief. Hashmi said that he was ready to go to jail and had already packed his bags. He said that he would not "bow before a military dictator". He added that he was not against the army as an institution, but against those who had made the army "controversial". Musharraf came to power in a bloodless coup in 1999, ousting the civilian government of Nawaz Sharif. National elections last October saw an elected government come into power, but Musharraf effectively still holds the reigns of power. Prior to Hashmi's arrest, the Inter-Services Public Relations (ISPR) information minister, Sheikh Rashid Ahmed, described the letter from general headquarters (GHQ), which appeared on paper with a GHQ letterhead, as a fake. Other officials have dismissed it as a ploy by India's external intelligence outfit, the Research and Analysis Wing. Opposition parties, meanwhile, are still working out a plan of action. Speaking to Asia Times Online, Raja Zafarul Haq, chairman of the PML-N, said that all opposition parties would meet the speaker of the National Assembly to raise the issue. A PML-N working committee will also meet in Islamabad to decide how to react. There is talk of a joint session of parliament to discuss the issue. Wednesday's arrest by the military is not Hashmi's first. Soon after he was installed as acting chief of the PML-Nawaz after premier Nawaz Sharif went into exile, Hashmi was nailed by the National Accountability Bureau in corruption charges. Hashmi not only came out clean from this episode, he went on to win a seat in parliament while still in jail. - Pakistan silences out-of-step politician By Syed Saleem Shahzad South Asia Oct 31, 2003 http://www.atimes.com/atimes/South_Asia/EJ31Df05.html 

ISLAMABAD, Nov 12: ARD president Makhdoom Javed Hashmi was sent to central jail Adiyala on a 14-day judicial remand on Wednesday, sources in the district court Islamabad told Dawn. The sources said that civil judge Islamabad Aslam Gondal, while issuing the 14-day judicial remand, directed the investigation officer, sub-inspector Bashir Ahmed, to produce Mr Hashmi again before the court on Nov 24 for hearing. The judge accepted Mr Hashmi’s plea regarding his medical examination, and issued orders for his treatment. A source, who was present in the court room, said Mr Hashmi was produced before the civil judge at about 8am amid tight security. His 14-day physical remand was to expire on Nov 13. The court ordered Islamabad police to send Mr Hashmi to central jail Adiyala. The ARD leader lodged a protest with the judge, saying that he was subjected to severe torture and despite his repeated requests he was not allowed access to medical examination. Mr Hashmi said he had already requested the police to allow him to meet his counsel but the police did not pay any heed to it. He informed the court that he had been subjected to severe mental and physical torture during the custody of what he called the ‘armed persons’ who he said kept him under round-the-clock watch. He said he was kept blind-folded with a strip cloth and he was made to sit with a switched-on high-powered electric bulb hanging over his head. The PML-N leader said he had received multiple injuries as he was forcefully shoved around the four walls of the room where he was kept for interrogation. Mr Hashmi requested the judge to grant him permission for medical treatment and allow him to meet his family members and his counsel. He said during the physical remand he was interrogated by personnel of various law enforcement and intelligence agencies. The legal adviser of Islamabad police told the judge that the copies of FIR and physical remand orders had been handed over to a counsel of Mr Hashmi. However, Mr Hashmi rejected the claim of the legal adviser that the police had informed him about the identity of his defence counsel. He told the judge that the police had not given him or his counsel the copies of the FIR and physical remand order. The source said while leaving the court room, the ARD leader shouted slogans like “Down with dictatorship” and “Long live democracy” Talking to Dawn the head of the PML-N lawyers panel, Syed Zafar Ali Shah said Mr Hashmi was produced before the court a day before the conclusion of his 14-day physical remand. “This shows that the police has completed the investigation,” he added. He said Mr Hashmi was produced before civil judge Aslam Gondal instead of the relevant Allaqa magistrate. Mr Shah said the hearing on habeas corpus plea filed on behalf of Mr Hashmi with Lahore High Court’s Rawalpindi Bench will be held on Thursday. “During the hearing we would request the court for the bail of Mr Hashmi,” he said. REFERENCE: Hashmi sent to jail, speaks of torture By Syed Irfan Raza November 13, 2003 Thursday Ramazan 17, 1424 http://archives.dawn.com/2003/11/13/top9.htm 


Despite all this Makhdoom Javed Hashmi felt no hesitation to participate in a shameless Meeting arranged by Qazi Hussain Ahmed (Former Chief of Jamat-e-Islami) for "Alleged Mehran Bank Criminals" i.e. General (R) Mirza Aslam Beg and Co. to put the country into an another Chaos like 12 Oct 1999. Haven't you had enough "General Beg Sahab" , please have mercy on Pakistan.










As per 1973 Constitution of Islamic Republic of Pakistan http://www.pakistani.org/pakistan/constitution/part1.html

"QUOTE"

PART I

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

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

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

"UNQUOTE"

Definition of Accomplice: 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.

Wednesday, July 20, 2011, Shaban-ul-Muazzam 17, 1432 A.H
http://ejang.jang.com.pk/pic.asp?npic=07-20-2011/Karachi/images/06_03.gif
http://jang.com.pk/jang/jul2011-daily/20-07-2011/col1.htm













































































http://e.jang.com.pk/pic.asp?npic=07-27-2011/Karachi/images/06_03.gif

































On 23rd Nov 2010, a Senior Parliamentarian of Pakistan Muslim League (Nawaz), Khawaja Muhammad Asif [A Former Executive of The Bank of Credit and Commerce International (BCCI)] while talking on Talk Show "NEWSBEAT" of Samaa TV, "lectured" the nation about Corruption, Accountability of Generals and what not, he also named "Mehran Bank Scandal" and other such scams while completely forgetting about the beneficiaries of "Mehran Bank Scandal" e.g. Mr. Nawaz Sharif and countless others. One is amazed at the sudden MEMORY LOSS of otherwise very sharp Khawaja Muhammad Asif, because not in a very distant past Mr. Nawaz Sharif and Shahbaz Sharif had met with a Key Culprit of Mehran Bank Scandal i.e. General (Retd) Mirza Aslam Beg: REFERENCE: Meanwhile, Muhammad Nawaz Sharif and Muhammad Shahbaz Sharif met General (retd) Mirza Aslam Beg at his residence. During the meeting, Nawaz Sharif told Aslam Beg that the restoration of judiciary was a joint agenda of the coalition parties. PML-N open to accept PPP nominee for PM By Muhammad Anis Thursday, March 13, 2008, Rabi-ul-Awal 4, 1429 A.H. [The News International]: More References: PAC inquiry into NLC scam to go ahead From the Newspaper November 25, 2010 (2 days ago) By Khawar Ghumman http://www.dawn.com/2010/11/25/pac-inquiry-into-nlc-scam-to-go-ahead.html REFERENCE: Three ex-Army generals found guilty of Rs 25 bn scam By Rauf Klasra Saturday, October 02, 2010 Shawwal 22, 1431 A.H. http://www.thenews.com.pk/02-10-2010/Top-Story/1022.htm

Martial Law, NRO, NAB & Across The Board Accountability

URL: http://www.youtube.com/watch?v=Q0qx5xe7SVs

ISLAMABAD, April 21: Senior PML-N figure Javed Hashmi seemed mutinous in the National Assembly on Thursday, though differently from when he was once charged in a court, as he asked party leader Nawaz Sharif to apologise for accepting a Saudi exile for a pardoned conviction. He proposed splitting up the country’s four provinces in up to 16 for good administration. And in a speech that could rattle his colleagues in the country’s main opposition party, the ailing politician also offered a rare tribute to President Asif Ali Zardari’s political shrewdness, a day after they were seen up in arms against him in the house, saying one needed a doctorate to comprehend the moves of the man who also leads the ruling PPP. Speaking in a debate on last month’s annual presidential address to parliament, Mr Hashmi said he felt ashamed up to now for accepting a ministry for some time in early 1980s under military ruler Gen Mohammad Zia-ul-Haq, adding that for that “I apologise today to all”, and asking other politicians should do the same for their association with dictators. “I will ask Nawaz Sharif that for 10 years he was made unable … (to play politics), he should apologise to the nation and Shahbaz Sharif should also apologise,” he said in a clear reference to the Dec 2000 deal under which then military president Pervez Musharraf said he had released the PML-N leaders in exchange for a 10-year exile in Saudi Arabia. The government then said the deal, brokered by the Saudi royal family, had committed both Mr Nawaz Sharif and his younger brother Shahbaz Sharif, to abstain from taking part in politics for 10 years. But both brothers have persistently denied making such a commitment, though critics have attributed the elder Sharif’s refusal to contest for a National Assembly seat until now as a compliance of that deal, which must have run out in December 2010. Mr Hashmi led the party as acting president in the absence of the Sharif brothers before a court convicted him for mutiny in April 2004 for allegedly seeking to instigate an army mutiny by addressing a news conference in the parliament building the previous year. In what could be another dig at Sharif brothers for their acceptance of exile in return for release from jail, he said in his speech: “This nation needs leaders who are ready to die for it, who are ready to give their blood.” REFERENCE: Hashmi wants Sharifs` apology, calls for up to 16 provinces By Raja Asghar | From the Newspaper (12 hours ago) Today http://www.dawn.com/2011/04/22/hashmi-wants-sharifs-apology-calls-for-up-to-16-provinces.html 

پاکستان مسلم لیگ (ن) کے پارلیمانی لیڈر مخدوم جاوید ہاشمی نے کہا ہے کہ پاکستان کو بچانے کے لیے سرائیکی، بہاولپور اور ہزارہ سمیت مزید صوبے بنائیں اور میاں نواز شریف کو ضیاءالحق سے تعاون اور پرویز مشرف سے معافی مانگ کر ملک سے باہر جانے پر قوم سے معافی مانگنی چاہیے۔
یہ بات انہوں نے جمعرات کو قومی اسمبلی میں صدر آصف علی زرداری کے پارلیمان سے خطاب پر بحث کا آغاز کرتے ہوئے اپنی تقریر میں کہیں۔ انہوں نے کہا کہ پنجاب کی آبادی دس کروڑ ہوگئی ہے اور انتظامی طور پر ممکن ہی نہیں کہ ایک انسپیکٹر جنرل پولیس اور چیف سیکریٹری عوام کو سہولت دے سکیں۔
مخدوم جاوید ہاشمی نے کہا ’صوبے بنانا کوئی گناہ نہیں ۔۔ہمیں پنجاب سے زیادہ پاکستان پیارا ہے۔۔ سرائیکی، بہاولپور اور پوٹوہار صوبے بننے چاہیے۔ ’پنجاب کے بڑے صوبے ہونے کی وجہ سے ہی مارشل لا لگتے ہیں کیونکہ فوج میں اکثریت پنجاب کی ہے اور وہ ان کے خلاف نہیں اٹھتے۔ ان کے بقول صوبہ خیبر پختونخواہ کا بھی فوج میں حصہ ہے لیکن بلوچستان اور سندھ بھگتے ہیں۔
’ہم نے ملک توڑ دیا لیکن بنگالیوں کا مطالبہ نہیں مانا۔۔ بلوچستان میں بھی حالات خراب ہیں اور چند برسوں میں وہاں خون کی ندیاں بہیں گی۔‘
انہوں نے کہا کہ ضیاءالحق کی کابینہ میں شمولیت پر وہ آج تک شرمندہ ہیں اور وہ اس غلطی پر پوری قوم سے معافی مانگتے ہیں۔ انہوں نے کہا کہ وہ اپنی جماعت کے قائد میاں نواز شریف اور میاں شہباز شریف سے بھی کہتے ہیں کہ وہ ضیاءالحق سے سیاسی تعاون اور پرویز مشرف سے سزا معاف کرواکر دس برس کے لیے باہر چلے جانے پر قوم سے معافی مانگیں۔
جاوید ہاشمی کے اس مطالبے پر اپوزیشن لیڈر چوہدری نثار علی خان جو اپنے چیمبر میں بیٹھے تھے وہ تیز تیز چلتے ہوئے ایوان میں آئے اور اپنی جماعت کے خواجہ آصف اور سردار مہتاب عباسی سے کھسر پسر کی اور ایوان سے باہر چلے گئے۔ بظاہر ایسا لگا کہ وہ شہباز شریف کو رپورٹ دینے گئے ہیں۔
جاوید ہاشمی نے میاں نواز شریف کی جلاوطنی کے دوران پارٹی کو سنبھالا اور پرویز مشرف پر کڑی تنقید کی وجہ سے بغاوت کے مقدمے میں جیل چلے گئے۔ اس دوران چوہدری نثار علی خان اپنے گھر میں نظر بند رہے۔ جب سنہ دو ہزار آٹھ میں انتخابات ہوئے تو جاوید ہاشمی کے بجائے پارٹی میں چوہدری نثار کی اہمیت بڑھ گئی اور ہاشمی پیچھے چلے گئے۔ ان کے بعض ساتھیوں کے بقول پارٹی میں نظر انداز کیے جانے پر انہیں گزشتہ برس برین ہیمرج ہوگیا۔
جاوید ہاشمی جو آج کل بھی کافی کمزور ہیں انہوں نے اپنی لرزتی آواز میں چوہدری نثار اور خواجہ آصف کی طرف دیکھتے ہوئے کہا کہ ‘مجھے اپنی پارٹی نے کہا کہ مشرف سے حلف لیں اور وزیر بنیں، میں نے انکار کیا اور کہا کہ میں مر جاؤں گا مشرف سے حلف نہیں لوں گا۔‘
انہوں نے مزید کہا کہ سرائیکی علاقے میں لوگ کہتے ہیں کہ جب رائےونڈ (شریف برادران کی رہائش گاہ) کی ایک سڑک پر دس دس ارب روپے خرچ ہوں گے تو دوسرے علاقوں کا کیا بنے گا؟۔
انہوں نے کہا کہ وہ والدین کے بعد اگر کسی کی موت پر زیادہ روئے ہیں تو وہ بینظیر بھٹو کے قتل پر روئے اور آج تک وہ انہیں یاد کرکے رو پڑتے ہیں۔ ’میں بھٹو کو شہید مانتا ہوں اور بینظیر بھٹو بھی شہید ہیں۔‘
انہوں نے کہا کہ انہیں صدر آصف علی زرداری کی سیاست سمجھ نہیں آتی اور اس کے لیے انہیں پی ایچ ڈی کرنی پڑے گی۔ ’میں اپنی جماعت کی قیادت سے بھی یہی کہتا رہا اور آج دیکھیں کون کہاں ہیں۔‘
ملتان کے مخدوم جاوید ہاشمی نے کہا کہ جس بھی سیاسی جماعت کے رہنما کی بیرون ملک ملکیت اور بینک اکاؤنٹ ہیں وہ پاکستان میں لائیں یا پھر پاکستان کی قیادت چھوڑ دیں۔ ان کی تقریر کے دوران ایوان کی دونوں جانب تمام جماعتوں کے ارکان ڈیسک بجاتے رہے۔
اپنی جماعت کی قیادت پر ہلکی پھلکی تنقید کے بعد انہوں نے کہا کہ پہلے کبھی پارٹی کو ٹکٹ کے لیے کہا اور نہ اب کہیں گے۔ ’ بھلا ہوا میری گھگری پھوٹی میں پانیہ بھرن سے چھوٹی۔‘
پارلیمان کے مشترکہ اجلاس سے صدر کے خطاب پر بحث کے دوران جاوید ہاشمی کی تقریر کا جواب دینے کے لیے پیپلز پارٹی کے ندیم افضل چن نے کہا کہ ان کی دعا ہے کہ جاوید ہاشمی کی سوچ ان کی جماعت کی بھی ہوجائے۔ انہوں نے جاوید ہاشمی کو اپنی قیادت پر تنقید کے حوالے سے مشورہ دیتے ہوئے کہا‘ زندگی اتنی غنیمت تو نہیں جس کے لیے۔۔ عہدِ کم ظرف کی ہر بات گوارا کرلیں’۔
انہوں نے کہا کہ میاں نواز شریف کو رائےونڈ میں قید کیا گیا ہے اور انہیں اسمبلی میں آنے نہیں دیا جاتا۔’ہم پر تنقید ہوتی ہے کہ امریکہ سے ڈکٹیشن لیتے ہیں لیکن کوئی سعودی عرب کی معرفت امریکی ڈکٹیشن لیتا ہے۔۔ کاش کوئی سعودی عرب سے کہے کہ پیغام رسانی بند کرو۔‘
انہوں نے پنجاب حکومت پر سستی روٹی کے تندور قائم کرنے پر کافی تنقید کی اور طنز کیا کہ لگتا ہے کہ آئندہ انتخابات میں ان کا انتخابی نشان بھی تندور ہوگا۔ ‘انہوں نے تین سال تندور پر لگادیے، گڈ گورننس، احستاب، پی سی او جج، میثاق جمہوریت سمیت ان کا سب کچھ تندور ہے۔جس پر ایوان میں قہقہہ پڑ گیا اور خود مسلم لیگ (ن) کے ارکان بھی ہنستے رہے۔
ہاشمی کا مشورہ
آخری وقت اشاعت: جمعرات 21 اپريل 2011 ,‭ 16:08 GMT 21:08 PST
Makhdoom Javed Hashmi in Jawab Deyh - 1 (Sept 2008)

KARACHI - With the arrest on Wednesday night of the president of the Alliance for the Restoration of Democracy (ARD), Makhdoom Javed Hashmi, on charges of abetting mutiny, Pakistan's rulers have made it starkly clear that they are not afraid to use an iron fist when needed. Police seized Hashmi, who is also acting head of the opposition Pakistan Muslim League (Nawaz - PML-N), from his Parliament Lodges apartment in Islamabad, from where he was taken into custody. Just hours earlier, speaking to newsmen in his apartment, Hashmi had expressed concern that he had been targeted because he had earlier distributed a letter purportedly written by disgruntled army officers in general headquarters. (As reported in Asia Times Online, Pakistan: FBI rules the roost of October 14) Hashmi said that in fact he had received a number of letters from army officers in the past months expressing dissatisfaction with President General Pervez Musharraf, who is also army chief. Hashmi said that he was ready to go to jail and had already packed his bags. He said that he would not "bow before a military dictator". He added that he was not against the army as an institution, but against those who had made the army "controversial". REFERENCE: Pakistan silences out-of-step politician By Syed Saleem Shahzad South Asia Oct 31, 2003 http://www.atimes.com/atimes/South_Asia/EJ31Df05.html 

LIE with Makhdoom Javed Hashmi in Jawab Deyh - 1 (Sep 2008)


http://www.youtube.com/watch?v=OI_xeNgHlK8


LIE with Makhdoom Javed Hashmi in Jawab Deyh - 2 (Sep 2008)


http://www.youtube.com/watch?v=lx32cqQDXLk

LIE with Makhdoom Javed Hashmi in Jawab Deyh - 3 (Sep 2008)



http://www.youtube.com/watch?v=XZZJd1fMPog

LIE with Makhdoom Javed Hashmi in Jawab Deyh - 4 (Sep 2008)


http://www.youtube.com/watch?v=wgUUyFkKjr4


LIE with Makhdoom Javed Hashmi in Jawab Deyh - 5 (Sep 2008)


http://www.youtube.com/watch?v=4H8u1eJQAhU


Chaudhry Nisar Ali Khan and some other party members were in favour of Pervaiz Musharaf because Musharaf has an ugly face and so he would not want to come on TV. And if a person do not want to come on TV then he will not impose Martial Law. And Nawaz Sharif went with the 2nd choice. Jang Oct 2010 Hamid Mir – http://www.pinditube.com/2010/10/ch-nisar-ali-khan-and-some-other-party-members-supported-musharraf-because-he-looks-ugly/


















































Where many people term the appointment of General Pervez Musharraf as army chief in 1998 a big blunder by Prime Minister Nawaz Sharif a top PML-N leader now claims that Musharraf was the best option available. ‘The prime minister made the final decision. I did support Musharraf to become the Chief of Army Staff… But the decision was based purely on merit given his professional track record,’ PML-N central leader Chaudhry Nisar Ali Khan, told DawnNews, in an interview. Critics blamed Chaudhry Nisar and his brother Lt Gen (r) Iftikhar Ali Khan, the then defence secretary, for persuading Nawaz Sharif to appoint General Musharraf as army chief. But Chaudhry Nisar, who is also the Opposition Leader in the National Assembly nowadays, did not have any regrets of favouring General Musharraf to the top slot. Asked whether the military coup of October 1999 was the result of that bad judgement, he observed they supported Musharraf to become the army chief not the Chief Martial Law Administrator.Chaudhry Nisar also justified the appointment of General Musharraf as Chairman Joint Chief of Staff Committee after the Kargil fiasco.He asserted the decision to appoint General Musharraf as chairman of the JCSC was made to boost the moral of the armed forces.He said the PML-N government did not want to act against the generals, who masterminded and executed Kargil operation. Not only General Pervez Musharraf himself, but many former close aides of Nawaz Sharif including Chaudhry Shujaat and Mushahid Hussain, already stated that Kargil operation was conducted with full consent of Prime Minister Nawaz Sharif.Chaudhry Nisar did not deny the ambition of attaining the top political office of the prime minister. ‘When you are in politics then you struggle. And whatever comes you take it. You take the good with bad. As and when situation arises you face it,’ he observed, when asked whether or not he wants to become the prime minister. He said whatever the case may be he would not make any categorical observation while sitting in a television interview. Reference: Sunday, April 26, 2009, 16:28 http://www.pakistanviews.com/politics/nisar-says-he-backed-musharraf-s-appointment.html



Where many people term the appointment of General Pervez Musharraf as army chief in 1998 a big blunder by Prime Minister Nawaz Sharif a top PML-N leader now claims that Musharraf was the best option available. ‘The prime minister made the final decision. I did support Musharraf to become the Chief of Army Staff… But the decision was based purely on merit given his professional track record,’ PML-N central leader Chaudhry Nisar Ali Khan, told DawnNews, in an interview. Critics blamed Chaudhry Nisar and his brother Lt Gen (r) Iftikhar Ali Khan, the then defence secretary, for persuading Nawaz Sharif to appoint General Musharraf as army chief. But Chaudhry Nisar, who is also the Opposition Leader in the National Assembly nowadays, did not have any regrets of favouring General Musharraf to the top slot. Asked whether the military coup of October 1999 was the result of that bad judgement, he observed they supported Musharraf to become the army chief not the Chief Martial Law Administrator.Chaudhry Nisar also justified the appointment of General Musharraf as Chairman Joint Chief of Staff Committee after the Kargil fiasco.He asserted the decision to appoint General Musharraf as chairman of the JCSC was made to boost the moral of the armed forces.He said the PML-N government did not want to act against the generals, who masterminded and executed Kargil operation. Not only General Pervez Musharraf himself, but many former close aides of Nawaz Sharif including Chaudhry Shujaat and Mushahid Hussain, already stated that Kargil operation was conducted with full consent of Prime Minister Nawaz Sharif.Chaudhry Nisar did not deny the ambition of attaining the top political office of the prime minister. ‘When you are in politics then you struggle. And whatever comes you take it. You take the good with bad. As and when situation arises you face it,’ he observed, when asked whether or not he wants to become the prime minister. He said whatever the case may be he would not make any categorical observation while sitting in a television interview. Reference: Sunday, April 26, 2009, 16:28 http://www.pakistanviews.com/politics/nisar-says-he-backed-musharraf-s-appointment.html


Chaudhry Nisar Ali Khan and some other party members were in favour of Pervaiz Musharaf because Musharaf has an ugly face and so he would not want to come on TV. And if a person do not want to come on TV then he will not impose Martial Law. And Nawaz Sharif went with the 2nd choice. Jang Oct 2010 Hamid Mir – http://www.pinditube.com/2010/10/ch-nisar-ali-khan-and-some-other-party-members-supported-musharraf-because-he-looks-ugly/



















































Memory 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/TodaysPrintDetail.aspx?ID=191800&Cat=9&dt=8/6/2009  The road to hell — and similar destinations Islamabad diary Friday, January 01, 2010 Ayaz Amir http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=216323&Cat=9&dt=1/1/2010

High treason.

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

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

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

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


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

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

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



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


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.

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"

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

VALIDATING MILITARY INTERVENTIONS

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

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

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

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

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

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


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

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

- Mr Justice Irshad Hassan Khan ISLAMABAD: Thirteen judges of the superior judiciary, including Chief Justice of Pakistan Mr Justice Saeeduzzaman Siddiqui, ceased to hold office after they refused to take fresh oath under the Provisional Constitutional Order (PCO), on Wednesday. Mr Justice Irshad Hassan Khan became the new chief justice of Pakistan as the judges of the Supreme Court, Federal Shariat Court and four High Courts were administered oath under the PCO. Six judges of the apex court, including the chief justice, refused to take fresh oath. The other seven judges who were not invited for the oath were two from the Lahore High Court (LHC), two from Peshawar High Court (PHC) and three from Sindh High Court (SHC). Mr Justice Irshad Hassan Khan was administered oath by President Rafiq Tarar at Aiwan-e-Sadr. Six other judges of the Supreme Court and the entire fleet of judges of the Federal Shariat Court also took oath under the PCO. All the four judges of the Federal Shariat Court (FSC) were also administered oath. Out of the existing strength of 102 judges of the entire superior judiciary, around 89 judges were administered the new oath on Wednesday. The ceremony was attended among others by Chief Executive General Pervaiz Musharraf, federal ministers, members of National Security Council and senior civil and military officials. Those who took new oath "will discharge their duties and perform their functions honestly and to the best of their abilities and faithfully in accordance with the Proclamation of Emergency of the October 14, 1999, the PCO No. 1 of 1999 as amended, this order and the law," the new oath says.

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

By and large, the lawyer community believed that this move has created a "sharp division" in the superior judiciary. Pakistan Muslim League, which is likely to face the music the most, described this decision as the "blackest spot" in the country's judicial history. "Now the country has put under real martial law," said top PML leader Raja Zafarul Haq. The seven Supreme Court judges who took oath under the PCO were Mr Justice Irshad Hassan Khan (Chief Justice), Mr Justice Bashir Jehangiri, Mr Justice Abdur Rehman Khan, Mr Justice Shaikh Riaz Ahmed, Mr Justice Munir A Shaikh, Mr Justice Shaikh Ejaz Nisar, and Mr Justice Ch Mohammad Arif. The judges who refused were Chief Justice Mr Justice Saeeduzzaman Siddiqui (who was due to retire on Nov 11, 2000), Mr Justice Mamoon Kazi (retiring date Dec 29, 2000), Mr Justice Nasir Aslam Zahid (Feb 2, 2000), Mr Justice Khalilur Rehman (April 24, 2001), Mr Justice Wajihuddin Ahmed (November 2003), and Mr Justice Kamal Mansoor Alam (April 2002).

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

Reacting to the oath-taking, Jamaat-e-Islami chief Qazi Hussain Ahmed said, "The country seems to have plunged into a more complicated constitutional crisis." The swearing-in ceremonies were held at the Aiwan-e-Sadr and the respective governor houses in the provinces. In Punjab, 41 out of total 43 judges of the Lahore High Court were administered the oath. Only two judges -- Mr Justice Ehsanul Haq Ch and Mr Justice Najamul Hassan Kazmi -- did not take oath. Twenty-four judges and Chief Justice of the LHC Mr Justice Rashid Aziz Khan took oath at the Governor House, while 11 judges in Multan and five in Rawalpindi were administered oath.

In Sindh, three High Court judges -- Mr Justice Dr Ghous Muhammad, Mr Justice Rasheed Ahmed Razvi and Mr Justice Mushtaq Ahmed Memon -- were not invited to take fresh oath under Provisional Constitutional Order (POC) in Karachi on Wednesday. The remaining 22 judges, including Chief Justice Mr Justice Nazim Hussain Siddiqui, took fresh oath in two ceremonies held at the Sindh Governor House and the SHC Committee Room. The official announcement regarding fresh oath of the judges of superior judiciary, including Federal Shariat Court, was made on Tuesday night. Due to this late-night announcement, three judges -- Mr Justice Rana Bhagwandas, Mr Justice Ghulam Nabi Soomro and Mr Justice Musheer Alam -- who were holding sittings at Sukkur and Hyderabad circuit benches could not attend the oath-taking ceremony at Governor House. They, however, were later administered fresh oath by the chief justice in the SHC building.

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

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

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

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

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

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

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

JUDICIARY UNDER MARTIAL LAW


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

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

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

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

2- Mr. Justice Sheikh Ijaz Nisar:

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

(ii) Chairman, Federal Review Board

3- Mr. Justice Abdur Rehman Khan:

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

(ii) Member, Building Committee of Peshawar Building

(iii) Judge-in-charge Complaints

4- Mr. Justice Sheikh Riaz Ahmad:

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

(ii) Member, Building Committee at Islamabad

(iii) Judge-in-charge of Computers

(iv) Member, Federal Review Board

(v) Member, Lahore Building Committee

Continued on Page 11

5- Mr. Justice Chaudhry Muhammad Arif:

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

(ii) Judge-in-charge of the Library

(iii) Chairman of the Library Committee

6- Mr. Justice Munir A Sheikh:

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

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

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

(iv) Chairman, Election Tribunal, Pakistan Bar Council

7- Mr. Justice Rashid Aziz Khan:

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

(ii) Member, Building Committee at Lahore

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

8- Mr. Justice Nazim Hussain Siddiqui:

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

(ii) Member of the Building Committee at Karachi

9- Mr. Justice Iftikhar Muhammad Chaudhry:

Judge-in-charge for Affairs of Staff Welfare

10- Mr. Justice Qazi Muhammad Farooq:

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

11- Mr. Justice Rana Bhagwandas:

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

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

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

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

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



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

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

High Treason Cases against Pakistani Military Dictators & Collaborators/Abettors

As per 1973 Constitution of Islamic Republic of Pakistan

PART I

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

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

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

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.

As per Daily Dawn Thu, 20 Aug, 2009,

"QUOTE"

“Whoever is friend of Musharraf is traitor,” PML-N members chanted during Chaudhry Nisar’s speech in response to MQM protest shouts against his criticism of the Karachi-based party’s association first with Pakistan’s third military dictator late Gen Zia-ul-Haq and then with Gen Musharraf, bringing repeated calls from Speaker Fehmida Mirza for calm and tolerance between the rivals. MQM deputy parliamentary leader Haider Abbas Rizvi complained his party had been used by both the PPP and PML-N whenever they needed its support but ignored afterwards and even subjected to military operations as he replied to the opposition leader’s criticism for what he called “befooling the people of Karachi”, siding with two military dictators and joining coalitions with the parties it accused of operations against it. REFERENCE: PM rules out Musharraf’s treason trial By Raja Asghar Thursday, 20 Aug, 2009 07:16 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/pm-rules-out-musharrafs-treason-trial-089


"UNQUOTE"

As per learned and respected Mr. Ayaz Amir (Member National Assembly - Pakistan Muslim League - Nawaz),

"QUOTE"

“Historic”, we are being told — and told without end — is what the judgment of their Supreme Court lordships is. General (r) Pervez Musharraf’s Nov 3, 2007, action has been declared “unconstitutional” and “civil society” is ecstatic, some of our wilder drumbeaters assuring us that the doors on military interventionism have been closed forever. Ah, if wishes were horses.

The Supreme Court judgment not so much revises history as cuts it up, wrapping it in neat packages. For it declares only one action of Musharraf’s unconstitutional — his Nov 3 Emergency, which came at the fag end of his rule. The inescapable conclusion we are left with is that everything else the man did fell within the ambit of the Constitution. Now what was Musharraf’s original sin from which flowed everything else? Why, his coup d’état of Oct 12, 1999, when his generals overthrew an elected government, disbanded the National Assembly, put the Constitution into cold storage and imprisoned not only the then prime minister but his closest colleagues and even members of his family. Just as Adam ate the apple he wasn’t supposed to touch and as a consequences was expelled from Paradise, the apple which Musharraf plucked and put into his mouth was on the fateful evening of Oct 12, all those years ago, when he was in the air on a flight from Sri Lanka, while his generals — chief among them Usmani, Aziz and Mahmood — went about the removal of the elected government. 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. REFERENCE: Writing of history or triumph of amnesia? Islamabad diary by Ayaz Amir Dated Friday, August 07, 2009 http://thenews.jang.com.pk/daily_detail.asp?id=191800

"UNQUOTE"

FEDERAL CABINET UNDER THE LEADERSHIP OF THE CHIEF EXECUTIVE OF THE ISLAMIC REPUBLIC OF PAKISTAN FROM 12. 10. 1999 TO 23. 11. 2002 [PURE MARTIAL LAW]


Chief Executive of Pakistan General Pervez Musharraf 12. 10. 1999 to 23. 11. 2002

Cabinet Secretariat

Ministry of Defence

Ministry of Water and Power

FEDERAL MINISTERS.

1. Mr. Abdul Razak Dawood

Commerce

Industries and Production

2. Lt. Gen. (Retd) Iftikhar Hussain Shah

Communications

3. Lt. Gen. (Retd.) Javed Ashraf

Communication and Railways Housing and Works

4. Ms. Zobaida Jalal

Education, Women Development, Social Welfare and Special Education

5. Mr. Omar Asghar Khan

Environment, Local Government & Rural Development, Labour, Manpower and Overseas
Pakistanis

6. Mrs. Shahida Jamil

Law, Justice, Human Rights and Parliamentary Affairs Environment, Local Government and Rural Development

7. Mr. Shaukat Aziz

Finance, Revenue, Economic Affairs, Planning & Development and Statistics

8. Mr. Shafqat Ali Shah Jamot

Food, Agriculture and Livestock

9. Mr. Khair Mohamed Junejo

Food, Agriculture and Livestock

10. Mr. Abdul Sattar.

Foreign Affairs

11. Mr. Abdul Malik Kasi

Health Population Welfare Religious Affairs and Zakat & Ushr Women Development, Social Welfare and Special Education Population Welfare

12. Mr. Javed Jabbar

Information and Media Development

13. Mr. Nisar A. Memon

Information and Media Development Kashmir Affairs and Northern Areas and SAFRON

14. Lt. Gen. (Retd) Moin-ud-Din Haider

Interior and Narcotics Control

15. Mr. Abbas Sarfaraz Khan

Kashmir Affairs and Northern Areas & SAFRON and Housing and Works

16. Mr. Owais Ahmed Ghani

Environment, Local Government & Rural Development Labour, Manpower and Overseas Pakistanis Religious Affairs and Zakat & Ushr

17. Mr. Aziz A. Munshi

Law Justice, Human rights and Parliamentary Affairs

18. Dr. Khalid Ranjha

Law, Justice, Human Rights and Parliamentary Affairs.

19. Mr. Derick Cyprian

Minorities, Culture, Sports, Tourism and Youth Affairs.

20. Col. (Retd) S. K. Tressler

Minorities, Culture Sports Tourism and Youth Affairs

21. Mr. Usman Aminuddin

Petroleum and Natural Resources

22. Mr. Altaf M. Saleem

Privatization

23. Dr. Mahmood Ahmed Ghazi

Religious Affairs and Zakat & Ushr

24. Prof. Atta-ur-Rehman

Science and Technology Education

25. Dr. Attiya Inayatullah

Women Development, Social Welfare and Special Education Population Welfare

MINISTER OF STATE

26. Mr. Inamul Haque

Foreign Affairs

JAMAAT-I-ISLAMI chief Munawwar Hassan has once again demanded former president Pervez Musharraf’s trial for ‘high treason’. I agree with him and demand that all those who cooperated with dictators, dead and alive, must also be tried for high treason. There is no party in Pakistan which can outdo the JI in hypocrisy and misusing our religion, Islam, for obnoxious purposes. This party helped in the subversion of the 1973 Constitution by joining Ziaul Haq’s cabinet and supporting him for full 11 years in his tyranny. Its party paper, Jasarat, lauded Ziaul Haq’s Provisional Constitution Order and the Revival of Constitution Order. The JI now demands restoration of the original Constitution, but it supported Ziaul Haq whole-heartedly when he mutilated and carried out arbitrary changes in the Constitution by carrying out arbitrary amendments for which he had no legal or moral justication. He was a usurper pure and simple, and the JI regarded him as its hero because he murdered Z. A. Bhutto. Reference: Trying Zia and his accomplices Thursday, 20 Aug, 2009 12:41 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/letters-to-the-editor/trying-zia-and-his-accomplices-089


CABINET MEMBERS OF GENERAL ZIA'S MARTIAL LAW[Read Collaborators and Abettors in destroying Pakistan with General Zia]


COAS AND CMLA GEN. Muhammad Zia-ul-Haq from 14-1-1978 to 5-7-1978

1. Cabinet Division

2. CMLA's Sectt.

3. Defence

4. Defence Production

5. Information & Broadcasting

6. Science & technological Research

7. Atomic Energy Commission

8. Aviation

9. Culture, Sports

10. Tourism

11. Health, Population Planning and Social Welfare

12. Communications

Constitution of Council of Advisers from 14-1-1978 to 4-7-1978

2. Mr. Ghulam Ishaq Khan, Secretary General-in-Chief

1. Functions assigned to him as Secretary General-in-Chief i.e. he will coordinate the functioning of all Federal Government Ministries/Departments etc.

2. Coordinate all interprovincial matter.

3. Planning

3. Mr. A. K. Brohi

1. Law and Parliamentary Affairs

2. Religious Affairs & Minorities Affairs

4. Lt Gen F. A. Chishti, Chief of Staff to the CMLA

1. Establishment - including postings and transfers of Foreign Affairs Group

2. Kashmir Affairs and Northern Areas

3. Federal Inspection Commission

5. Mr. Mustafa Gokal

1. Shipping & Ports and Export Promotion

6. Lt. Gen. (Retd.) Habibullah Khan

1. Industries

2. Production

7. Lt Gen Ghulam Hassan Khan, S.J., Advisor on National Security

1. Labour

2. Manpower

3. Local Government and Rural Development

4. States & F. R.

8. Air Marshal Inamul Haq Khan D.G. Joint Staff, Joint Staff H.Q.

Interior

9. Mr. A. G. N. Kazi, Secretary General, Finance & Economic Coordination

1. Finance

2. Economic Affairs

3. Statistics

4. Agrarian Management

5. Water & Power

10. Mr. Gul Mohammad Khan Jogezai

Water & Power

11. Mr. N. A. Qureishy

Railways

12. Mr. Mahmud Ali, Chairman, National Council of Social Welfare,

1. Environment & Urban Affairs

2. Housing & Works

13. Sardar Maula Bakhsh Soomro

Political Affairs and Commerce

14. Mr. Mohammad Ali Khan of Hoti

Education

15. Dr. Amir Mohammad,

Vice Chancellor, University of Agriculture, Faisalabad

1. Food, Agriculture & Co-operative

2. Livestock

16. Mr. Sharifuddin Pirzada - Attorney General for Pakistan

17. Mr. Agha Shahi - Secretary GeneralForeign Affairs

18. Rear Admiral R. M. Sheikh

Petroleum and Natural Resources

19. Mr. Mohyuddin Baluch

Communications

20. Sheikh Mohammad Rafiq Akhtar

1. Health

2. Population Planning

3. Social Welfare


1st Federal Cabinet under COAS/CMLA General Muhammad Zia-ul-Haq


1. Mr. A. K. Brohi

Law, Parliamentary Affairs, Religious Affairs and Minorities Affairs

2. Lt. Gen. F. A. Chishti, HI(M),

1. Establishment, Federal Inspection Commission,

2. Kashmir Affairs & Northern Areas

3. Mr. Fida Mohammad Khan,

Housing and Works

4. Mr. Mustafa K. Gokal,

Shipping and Ports and Export Promotion

5. Lt. Gen. (Retd.) M. Habibullah Khan,

Industries and Production

6. Mr. Mahmud A. Haroon,

Interior 5-7-1978 to 23-8-1978

7. Lt. Gen. Ghulam Hassan Khan, HI(M), S.J.

Petroleum & Natural Resources

8. Mr. Ghulam Ishaq Khan,

Finance, Planning and Provincial Coordination

9. Maj. Gen. Jamal Said Mian, HI(M)

States and Frontier Regions

10. Mr. Ghul Mohammad Khan Jogezai

Water and Power

11. Mr. Mohammad Khan Janejo

Railways

12. Mr. Mohammad Ali Khan of Hoti

Education, Culture and Tourism

13. Mr. Mohyuddin Baluch,

Communications

14. Mr. Sharifuddin Pirzada

Attorney General for Pakistan

15. Khawaja Mohammad Safdar,

Food and Agriculture, Cooperatives and Livestock

16. Mian Zahid Sarfraz

Commerce

17. Chaudhary Zahur Elahi,

Labour, Manpower and Local Government and Rural Development

MINISTERS OF STATE

1. Mr. Hamid D Habib

Export Promotion

2. Mr. Javed Hashmi,

Youth and Students Affairs

3. Mr. Mahmud Ali

Health, Population and Social Welfare and National Council of Social Welfare

4. Mr. Agha Shahi

Foreign Affairs

5. Begum Viqarun-Nisa Noon,

Pakistan Tourism Development Corporation


2nd Presidential Cabinet under President/CMLA General Muhammad Zia-ul-Haq
from 23-8-1978 to 21-4-1979


General Muhammad Zia-ul Haq

Cabinet Division, CMLA's Secretairat, Establishment Division, Federal Inspection Commission, Youth & Students Affairs, Foreign Affairs, Atomic Energy Commission Industries, Petroleum & Natural Resources, Shipping, Ports & Export Promotion

1. Mr. Ali Ahmed Talpur

Defence

2. Mr. A K Brohi

Law & Parliamentary Affairs

3. Ch Rahmat Illahi

Water & Power , M/O Petroleum and Natural Resource

4. Chaudhary Zahur Illahi

Labour & Manpower, M/O Labour & Manpower Redesignated as Ministry of Labour, Manpower & Overseas Pakistanis

5. Haji Faqir Mohammad Khan

States & Frontier Regions, Northern Areas and Kashmir Affairs

6. Mr. Fida Mohammad Khan

Housing & Works

7. Professor Ghafoor Ahmad

Production and Industries

8. Mr. Ghulam Ishaq Khan

Finance & Planning, Re-designated as Minister for Finance & Co-ordination

9. Mr. Iftikhar Ahmad Khan Ansari

Religious Affairs & Minorities Affairs

10. Khawaja Mohammad Safdar

Food, Agriculture and Cooperative

11. Mr. Mahmood Azam Faroqui

Information & Broadcasting

12. Mr. Mahmud A. Haroon

Interior

13. Mian Zahid Sarfraz

Commerce

14. Mr. Subuh Sadiq Khan Khoso,

Health & Production

15. Mr. Mohammad Arshad Chaudhri,

Science & Technology

16. Mr. Mohammad Ali Khan of Hoti

Education, Culture and Tourism, Re-designated as Minister for Education

17. Mr. Mohyuddin Baluch,

Communications

18. Mr. Muhammad Khan Junejo,

Railways

19. Mr. Mohammad Zaman Khan Achakzai,

Local Govt & Rural Development

20. Mr. Mustafa K. Gokal,

Shipping, Ports & Export Promotion

21. Mr. Sharifuddin Pirzad,

Attorney General for Pakistan

22. Professor Khurshid Ahmad

Statistics, Deputy Chairman, Planning Commission

MINISTERS OF STATE

1. Mr. Hamid D. Habib

Export Promotion Bureau

2. Mr. Jawaid Hashmi

Youth & Students Affairs (Re-designated as Minister of State for Culture, Sports and
Youth Affairs)

3. Mr. Mahmud Ali

National council of Social Welfare


3rd Federal Cabinet under President/CMLA General Muhammad Zia-ul-Haq


General Muhammad Zia-ul-Haq

Foreign Affairs, Health, Social Welfare and Population, Science and Technology States and Frontier Regions, Cabinet Secretariat, including Cabinet Division Establishment Division, Information & Broadcasting, Division Labour and Manpower Northern Areas and Kashmir Affairs Petroleum and Natural Resources Railways Local Government and Rural Development Culture and Tourism

1. Mr. Ali Ahmad Talpur

Defence

2. Lt. Gen. F . A. Chishti, HI(M)

Labour and Manpower Northern Areas and Kashmir Affairs, Petroleum and Natural Resources

3. Lt. Gen. Ghulam Hassan Khan,

Production Industries

4. Mr. Ghulam Ishaq Khan,

Finance and Economic Affairs Planning and Development Statistics
Commerce Co-ordination

5. Air Marshal Inamul Haque Khan, HJ, HI(M),

Housing and Works Water and Power

6. Maj. Gen. Jamal Said Main, HI(M)

Railways Local Government and Rural Development

7. Mr. Jawid Hashmi,

Culture and Tourism

8. Mr. Mahmoud A. Haroon,

Interior, Religious Affairs & Minorities Affairs, Political Affairs

9. Mr. Mohammad Ali Khan of Hoti,

Education, Culture, Sports and Tourism

10. Vice Admiral Mohammad Fazil Janjua

Food, Agriculture and Cooperatives

11. Mr. Mohyuddin Baluch,

Communications

12. Maj. Gen. (Retd.) Shahid Hamid,

Information & Broadcasting, Culture, Sports and Tourism

13. Mr. Sharifuddin Pirzada

Attorney General for Pakistan, Law & Parliamentary Affairs

14. Mr. Agha Shahi, (Federal Minister)

Foreign Affairs

MINISTERS OF STATE

1. Mr. Hamid D. Habib

Minister of State Export Promotion Bureau

2. Mr. Mahmud Ali,

Minister of State - National Council of Social Welfare


FEDERAL CABINET UNDER PRESIDENT/CMLA from 9-3-1981 to 24-3-1985(Morning)


President / CMLA and COAS General Muhammad Zia-ul-Haq

Cabinet Division, Establishment Division, O & M Division, Women's Division, Commerce Planning & Development, Division Population Division Statistics Division Railways Religious affairs & Minorities Affairs Science and Technology States & Frontier Regions Divisions Defence Health, special Education & Social Welfare Information & Broadcasting

1. Mr. Mohyuddin Baluch,

Communications

2. Mr. Niaz Mohammad Arbab,

Culture, Sports and Tourism

3. Mr. Ali Ahmed Talpur

Defence

4. Mr. Mohammad Ali Khan of Hoti

Education

5. Mr. Ghulam Ishaq Khan,

Finance and Economic Affairs, Commerce, Planning & Development Water & Power

6. Vice Admiral Mohammad Fazil Janjua HI(M)

Food, Agriculture and Cooperatives, Labour, Manpower and Overseas Pakistanis,
Housing & Works

7. Mr. Agha Shahi

Foreign Affairs

8. Dr. Nasir Ud Din Jogezai

Health & Social Welfare Health, Special Education & Social Welfare

The Ministry of Health and Social Welfare Redesigned as Ministry of Health, Special
Education & Social Welfare

9. Air Marshal Inamul Haqu Khan, HJ, HI(M), SI(M),

Housing & Works

10. Mr. Illahi Bukhsh Soomro,

Industries, Housing & Works

11. Raja Mohammad Zafarul Haq

Information & Broadcasting Religious Affairs & Minorities Affairs

12. Mr. Mahmoud A. Haroon

Interior

13. Mr. Ghulam Dastgir Khan

Labour Manpower and Overseas Pakistanis Local Government and rural Development

14. Mr. S. Sharifuddin Pirzada

Attorney General for Pakistan, Law and Parliamentary Affairs, Justice & Parliamentary Affairs - Ministry of Law & Parliamentary Affairs redesignated as Ministry of Justice & Parliamentary Affairs vide Cabinet Division Memo No 104/26/84-Min, I , dated 17-1-1985

15. Mr. Fakhar Imam

Local Government and Rural Development

16. Major General (Retd.) Rao Farman Ali Khan

Petroleum and Natural Resources

17. Lt. General Saeed Qadir, HI (M), S Bt

Production National Logistic Board Railways

18. Alhaj Mohammad Abbas Khan Abbasi

Minister without Portfolio Religious Affairs & Minorities Affairs

19. Maj. Gen. (Retd) Jamal Dar,

Kashmir Affairs and Northern Affairs

20. Raja Sikandar Zaman

Water and Power Kashmir Affairs & Northern Affairs,

21. Sahabzada Yaqoob Khan

Foreign Affairs

22. Dr. Muhammad Afzal

Education, Religious Affairs & Minorities Affairs

23. Lt. Gen. Jamal Said Mian, HI (M) S Bt

Kashmir Affairs & Northern Affairs Local Government & Rural Development Culture & Tourism


24. Nawabzada Abdul Ghafoor Khan of Hoti

Railways

25. Dr. Mahbubul Haq

Planning & Development Health, Special Education & S. W. Industries

26. Mir Zafarullah Khan Jamali

Local Government & Rural Development

27. Lt. Gen. Sardar Farooq Shauakat Khan Lodi, HI(M) S Bt

Interior

MINISTERS OF STATE

1. Mir Zafarullah Khan Jamali

Food, Agriculture and Cooperatives

2. Mr. Mahmud Ali,

Chairman, National Council of Social Welfare

3. Begum Afifa Mamdot,

Health, Special Education & Social Welfare Women's Division

4. Dr. Muhammad Asad Khan,

Petroleum & Natural Resources

5. Mr. Sartaj Aziz

Food, Agriculture & Cooperatives

6. Prof Dr. Bashrat Jazbi

Health, Special Education & Social Welfare


NOTE: The Federal Cabinet was dissolved on 24th March, 1985 with the assumption of office of Prime Minister by Mr. Muhammad Khan Junejo on 23rd March, 1985 The following Federal Ministers continued in their offices until the swearing in of the new Cabinet on 10 April 1985.

Dr. Muhammad Afzal Education, Religious Affairs and Minorities Affairs

Dr. Mahbubul Haq Planning & Development, Health, Special Education & Social Welfare, Industries, Finance & Economic Affairs,

Sahabzada Yaqub Khan Foreign Affairs
High Treason Cases against Pakistani Military Dictators & Collaborators/Abettors
http://chagataikhan.blogspot.com/2009/08/high-treason-cases-against-pakistani.html

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