Showing posts with label Syed Sharifuddin Pirzada. Show all posts
Showing posts with label Syed Sharifuddin Pirzada. Show all posts

Thursday, April 21, 2011

Imran Khan's Alleged Principled Stand & General Musharraf's Fraudulent Referendum.


LAHORE: The Pakistan Tehrik-i-Insaaf (PTI) refuses to be part of the proposed national consensus government, believing that the idea is against the party principles. “My party will never become a part of the proposed national set-up because I cannot compromise on principles,” PTI chief Imran Khan said in a press conference here on Wednesday. He invited all political forces to join in a two-day sit-in the PTI was organising in Peshawar on the supply route of Nato forces on April 23 and 24. He warned the government against obstructing the sit-in being staged to free the country from slavery of the Western forces. Holding the rulers responsible for deaths of innocent people, including women and children in drone attacks, he urged upon `sincere` political forces to join him in cutting supplies to US-led allied forces in Afghanistan. “The rulers are criminally ignoring the massacre of innocent civilians in drone strikes by the US, while the nation is strongly condemning the predator hits.” Mr Khan said corruption scandals regarding Nato supplies reflected what was making the rulers to keep a mum at violations of the country`s airspace through aerial attacks in South and North Waziristan Agency. The PTI chief said he hoped the sit-in would be historic as at least 20,000 activists from his party alone besides workers of other political forces and members of the civil society would participate in it. About going soft on former army dictator Pervez Musharraf, he said he continued criticizing him (Musharraf) even when he was in power. REFERENCE: PTI won’t be part of national govt: ImranFrom the Newspaper Yesterday http://www.dawn.com/2011/04/21/pti-won-t-be-part-of-national-govt.html


Is the Establisment behind Imran Khan - 1 (Aapas Ki Baat 19 APR 2011)


URL: http://youtu.be/DAl0twa6oxo



The Salim Saifullah-led provincial chapter of the PML-Q followed the party guideline regarding support to the government. In addition, Imran Khan’s Pakistan Tehrik-i-Insaaf (PTI), Tahirul Qadri’s Pakistan Awami Tehrik (PAT), Omar Asghar’s newly-launched Qaumi Jamhoori Party (QJP) and Fanoos Gujar’s little known Pakistan Awami Party (PAP) have also served as the king’s party. “On April 30, you have to support a bleak or bright future for Pakistan. If you are keen on a bright future for your next generation, you must stamp yes for Musharraf in the referendum,” Imran Khan reportedly said at a function in Peshawar. During their visit to various parts of the province, the ex-cricket star together with Tehrik-i- Insaaf’s provincial president, Nawabzada Mohsin Ali Khan, focused on the corruption of the former premiers in order to seek public support for the government. REFERENCE: Saviour of Pakistan, Musharraf Khan? By Amir Mohammed Khan 15 MAY 2002 http://www.newslinemagazine.com/2002/05/saviour-of-pakistan/


Is the Establisment behind Imran Khan - 2 (Aapas Ki Baat 19 APR 2011)

URL: http://youtu.be/X9dGZJqNIv8

General Pervez Musharraf before the beginning of his speechGeneral Pervez Musharraf hopes the referendum will give his presidency legitimacy. A referendum win would allow him to remain in office until 2007 and he could well stay on even longer.After his coup in 1999, General Musharraf declared in a press conference that he would remain in office for just three years. But like many military rulers before him he is reluctant to give up power.He argues that his staying in office is the only way to ensure economic recovery, social stability and the eventual establishment of "true" democracy in Pakistan. But he is also motivated by a fear that, if he were to stand down in favour of democratically elected politicians, he could face a treason charge. The army has never been able to deny that the 1999 coup was unconstitutional.

Military precedent

A referendum win, however, might not give President Musharraf the legitimacy he is seeking. A former military ruler in Pakistan, General Zia, also called a referendum but the tactic brought him few benefits. In 1984, Zia put this question to the Pakistani people: "Do you endorse the process initiated by General Mohammed Zia ul Haq, the President of Pakistan, to bring in laws in conformity with the injunctions of Islam as laid down in the Holy Koran and Sunnah of the Holy Prophet (peace be upon him) and for the preservation of the ideology of Pakistan".

Even though Zia won, the question was so loaded, and the turnout so low, he still faced sustained challenges from the politicians right up until the moment he died in suspicious circumstances in a 1988 air crash. President Musharraf has indicated that this time the referendum will be in the form of a simple "yes" or "no" question.But the military fears a low turn out. All the main political parties and religious groups have called for a boycott of the vote.

Politicians fight back

The politicians now believe the army will deny them power for the foreseeable future. When the referendum result is announced next month, the turn out figures will almost certainly be disputed. Ever since the 1999 coup, the major political parties have played a muted role, for the most part accommodating themselves to the military government. Now, President Musharraf is clearly determined to remain in power they are likely to oppose him with greater vigour. Under Pakistan's constitution, the president should be elected by the membership of the National Assembly and the Senate. The politicians had hoped that, after the parliamentary elections due this October, they could use that power to deny President Musharraf another term. But by opting for a referendum, President Musharraf is calculating that he will be able to by-pass the constitutional procedure and remain in office even if the politicians oppose him. REFERENCE: Analysis: Musharraf's referendum gamble Friday, 5 April, 2002, 20:34 GMT 21:34 UK http://news.bbc.co.uk/2/hi/south_asia/1913990.stm 



URL: http://youtu.be/fqTwXUOJBJQ




Pakistani cricket legend-turned politician Imran Khan on Tuesday backed the referendum to be held next month to decide the future of President Pervez Musharraf but his fledgling Pakistan Tehrik-e-Insaf headed for trouble as some of its leaders have opposed it openly. After considerable dithering, Imran Khan declared that his party has decided to support Musharraf's referendum. In a statement issued from Karachi, Imran said he has decided to support the referendum as he believed that Musharraf wanted "to make Pakistan a modern Islamic, welfare state". Imran said his party wants to play its real role as "we desire that democracy is promoted in the country and a clean leadership come to the fore". Imran launched his party with a lot of fanfare in the last general elections but ended up in a great disappointment after he failed to win a single seat even though he himself contested 22 seats from different regions.

A bitter critic of former Prime Ministers Benazir Bhutto and Nawaz Sharif, Imran alleged that politicians in the country minted money through corruption during the last 12 years. The referendum has been opposed by all the major political parties including Bhutto's Pakistan Peoples Party, (PPP) and Sharif's Pakistan Muslim league (PML). While Imran announced the support to the referendum, a section of his party headed by General Secretary Miraj Muhammad Khan openly opposed the party decision to back it. Pakistan Daily quoted a party sources as saying that Miraj was bitterly critical of the party accepting the "undemocratic" move of Musharraf trying to get elected for a five year term through a referendum. REFERENCE: Imran backs Musharraf's referendum, party members oppose Press Trust of India Posted: Apr 09, 2002 at 1518 hrs IST http://www.expressindia.com/news/fullstory.php?newsid=9092 


Is the Establisment behind Imran Khan - 4 (Aapas Ki Baat 19 APR 2011)

URL: http://youtu.be/zahRaa2dFME


Pakistan Tehrik-i-Insaaf chief Imran Khan has hailed the SC verdict on the Oct 12 change and said that it will provide the present government with an element of legitimacy. Mr Khan said the government should start the implementation of the seven-point agenda. He said it should give priority to the accountability process. It should declare casting of vote mandatory for every voter and undertake other needed electoral reforms to discourage the election of corrupt elements for parliamentary slots. He said the government should also set a limit for election expenditure. In a Press statement issued on Friday, he said after the announcement of the SC verdict the government would no longer be able to give lame excuses to the people who were waiting for positive results. He said the government should have got a vote of public confidence directly through a referendum soon after the takeover. But now the regime should fulfil its promises without any delay and work in accordance with public expectations as it has been provided a period of three years for this purpose by the Supreme Court of Pakistan. Reference: PML accepts SC verdict: Shujaat Reporter 13 May 2000 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/may13.html#pmla


“Either I could lie to save my job, or tell the truth to save my character”
- Justice (Retd.) Tariq Mahmood


Q. Your resignation from the Election Commission and the Balochistan High Court generated much controversy. Would you comment?

A. I was appointed by the President of Pakistan along with three other judges from all four High Courts to the Election Commission in February, for the general elections due to be held in October. When the government decided to conduct the referendum and the task was assigned to the Election Commission, I resigned as I believe that the EC should not be involved in such an unconstitutional act.

Q. What is your objection to the referendum?

A. I have no objection to the referendum, which is constitutional if it is held on national issues, not for the election of the President, for which there is a set procedure in the Constitution. I did not agree with the holding of this referendum. And I did not want to blacken my face by having a hand in this unconstitutional affair.

Q. Were there any differences between you and the Chief Election Commissioner?

A. Not at all. I have no personal differences with Justice Irshad Hasan Khan, I hold him in high regard. Obviously on the referendum issue, I differed with him on principle.

Q. You have resigned as a member of the EC on the referendum issue, but what about the PCO you took oath under, in which you pledged loyalty to the military government?

A. First of all, the Supreme Court validated the PCO in its judgment in the Syed Zafar Ali Shah case. Secondly, the PCO never came in the way of my duties during my 17 months service as a judge. I never considered the PCO as a sword of Damocles while writing judgments. If someone has to work, there are always many options open. I will quote one example: I heard a famous case regarding the local bodies elections and the defendant was arguing that the High Court is not competent to hear the case, but I accepted the writ petition. If I had been influenced by the PCO, I would not have accepted the writ.

Q. According to official quarters, a decision had been taken to get rid of you, so you were given the option of resigning, otherwise you would have been sacked. Is this correct?

A. No, I was not asked to resign, but there was tremendous pressure on me from the government to withdraw my statement. I have taken an oath not to lie, if I had withdrawn my statement, it would have been tantamount to lying. There would have been no justification for me to continue as a High Court judge.

Khawaja Asif Exposes Imran Khan & Kashif Abbasi - 1 (Off The Record 24 Mar 2011)

URL: http://youtu.be/mHehYnsTJwU


"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 2008http://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"



Q. There is a perception that your resignation was politically motivated….

A. I have never been associated with any political parties and I am honestly telling you that there is no truth in this. Yes, after my resignation I received a number of messages from politicians and lawyers appreciating my action. I have never even met the majority of them. I acted according to my conscience.

Q. Why did you attend the lawyers’ protest gathering against the referendum?

A. I did not participate in the protest gathering against the referendum. Obviously I visited the High Court and district bar rooms after my resignation. When the Bar President and other lawyers were arrested, I went again. I have received a number of requests to speak from different Bars like Peshawar, Pindi/Islamabad and Lahore, but I have regretted them all. Some even sent me air tickets, but I avoided going in case it gave the impression that I wanted to gain publicity. Although my home has almost become like a prison, I am still keeping away from such activities.

Q. Did you have the option to continue as a judge of the High Court after resigning from the Election Commission ?

A. Actually, I wanted to continue as judge and that was why I silently resigned from the EC instead of making it public. The EC issued a press release that due to the many pending cases before me, I was replaced by another judge from the Balochistan High Court on the advice of the Chief Justice. So when I was contacted by the Dawn and BBC, I had to give them the true picture. But I was clearly given three options: firstly, to disown my chat with the press; secondly, that the Election Commission would do so and I would not hold it in question, or thirdly, that I should quit. Under these circumstances, what could I have done? Either I could lie to save my job or tell the truth to save my character. And that is what I chose to do.

Q. What are your views about the constitutional amendments the Musharraf government intends to implement?

A. In accordance with the Supreme Court judgment in the Zafar Ali Shah Vs General Pervez Musharraf case, no amendment can be made in the salient features of the Constitution, which includes the parliamentary form of government in which the Prime Minister is all powerful. If an amendment is to be made to curtail the powers of the Prime Minister, reducing him to a rubber stamp, then the country will suffer and this will be in violation of the Supreme Court decision. Historically, whenever a Prime Minister has attempted to assert himself, he or she has met the same fate that Mohammad Khan Junejo did. In my view, the Supreme Court has given the Chief Executive the power to make amendments in the Constitution to achieve his government’s agenda, which he should have done during the last two and a half years. Now the question arises, with only five months left of his tenure and for the general elections, does the country need any amendment in the Constitution or not?

Khawaja Asif Exposes Imran Khan & Kashif Abbasi - 2 (Off The Record 24 Mar 2011)

URL: http://youtu.be/QYY0P8GPZ5o


Q. The Election Commission has clearly stated that the Chief Justice of the Balochistan High Court asked for your withdrawal as a member of the commission through a letter dated April, 5, 2002. Is this correct?

A. I am sure, no such letter from the Chief Justice existed when I resigned on April, 6, 2002. Had the Chief Justice asked for my withdrawal, then the federal law secretary would not have sought my consent regarding my decision to resign.

Q. Did you ever think that the government would take such serious note of your resignation?

A. Definitely. I was apprehensive that I would face serious consequences, but I never expected so strong a reaction on the government’s part. My resignation was related to the Constitution, so I thought that ultimately sense would prevail and they would not go to the extent that they have. REFERENCE: Interview: Justice (retd) Tariq Mahmood By Newsline Editorial Staff 15 MAY 2002 http://www.newslinemagazine.com/2002/05/interview-tariq-mahmood/



Although various independent Gallup surveys ahead of the referendum indicated a decline in General Musharraf’s popularity graph, and all national and international media organisations as well as independent observers reported a lacklustre turnout in the referendum, the Election Commission of Pakistan (ECP) nevertheless reported the turnout to be as high as 71 per cent. According to the official figures released by the ECP, some 97.5 per cent of people gave a verdict in favour of General Musharraf, while a mere 2.5 per cent rejected his candidature. “What people cannot do, can always be achieved through ‘angels.’ Let’s accept reality and say, ‘farishtay zindaabad ‘ (long live the angels),” was the response of an incredulous journalist when he heard the final results. As per the 1998 census, there were then 61.2 million people 18 years of age and above in the country, a number estimated to have increased to 61.9 million at present. A total of 87,074 polling stations and 163,641 additional polling booths were set up across the country and 414,356 public sector employees appointed to carry out electoral duties on polling day. The entire country was designated one constituency and all citizens aged 18 and above were deemed eligible to vote by establishing their identity through any reasonable means. “A total of 43,907,950 votes were polled, out of which 42,804,030 were in the affirmative, while the rest – 833,676 – said ‘no’. These numbers translate into a 71 per cent voter turnout – the highest in the history of Pakistan,” announced Chief Election Commissioner, Justice (Retd) Irshad Hasan Khan.


Khawaja Asif Exposes Imran Khan & Kashif Abbasi - 3 (Off The Record 24 Mar 2011)

URL: http://youtu.be/wiCAjGmllhk

Although General Musharraf’s victory was a foregone conclusion, the entire exercise had been designed to ensure that the turnout would be large enough to put the desperately-sought seal of legitimacy on his office. To this end, the government resorted to every possible gimmick in the book; from hobnobbing with corrupt and criminal political elements in the country and holding public meetings at state expense to placing the entire state machinery at the disposal of a few individuals in order to guarantee him a thumping majority. As if this were not enough, the voting age was reduced to 18 years for the referendum and then, in one cavalier stroke, the precondition of confirming voters’ eligibility through national identity cards and electoral lists was also waived. Last, but not least, hundreds and thousands of nazims and councillors were threatened with withdrawal of government support if they did not muster support for the referendum within their constituencies.

Employing logic remarkably similar to US President George Bush’s ‘you are either with us or with the terrorists’ rhetoric, General Musharraf launched his referendum campaign by drawing unambiguous battle lines between himself and his opponents. “We have to draw a clear line from today and see who is supporting our reforms and who is against our policies,” he announced at his first public meeting in Lahore to which, according to credible reports, thousands of public sector employees had been forcibly bussed. It is little wonder that the last one month, ever since preparations for the referendum got underway, has seen a certain disillusionment set in among the public. General Musharraf’s popularity on the domestic front had seen an exponential increase in the aftermath of the events of October 12, 1999, when, in his characteristically forthright manner, he pledged “to set the system right” and bring in “real democracy at the grass- roots level.” A majority of the population, the segment he termed the ’silent majority,’ again rallied around him post 9/11 when he chose to ally himself with the so-called international coalition against terror. The referendum, his latest move on the political chessboard, and the manner in which it has been handled has, however, forced many of his erstwhile supporters to reconsider their position.

Javed Chaudhry & Mushahidullah Khan Expose Imran Khan - 1 (Kal Tak 21 MAR 2011)


URL: http://www.youtube.com/watch?v=r3rYSS9LyYM


Under normal circumstances, candidates in elections bear the electioneering expenses themselves. It was argued that as the government in this case was itself holding the referendum, it should be responsible for the expenses incurred in the process. According to reports, the government spent at least 100 million rupees for over a dozen public meetings held by General Musharraf across the country. Sources in the federal ministry of finance stated that it had released a special grant of 25 million rupees for each province to be used for the printing and display of posters, banners, placards, hoardings, flags and other such paraphernalia during these rallies. And this excludes the expenses, again incurred by the federal government, which were involved in placing promotional ads in the national and vernacular press and in running the election campaign in the electronic media. Last year, the ECP had spent 1.2 billion rupees on the local bodies elections, which were held in three phases all over the country. “With a greatly increased number of polling stations and polling booths in the referendum, this exercise has been at least twice as expensive as the local bodies elections,” says an insider. According to him, the ECP had initially estimated the cost of holding the referendum at a little over two billion rupees, including the printing of 70 million plus ballot papers, election staff’s allowances, transportation of ballot papers, and setting up of polling stations and polling booths. “The government, however, had to spend a substantial amount more because it later decided to increase the number of polling stations and booths to make it convenient for people to vote in greater numbers,” said the same source. The allowances for election staff in the referendum had also been increased from the 200 rupees given in previous elections to 400 rupees each, plus another 200 rupees for meals.

Javed Chaudhry & Mushahidullah Khan Expose Imran Khan - 2 (Kal Tak 21 MAR 2011)
URL: http://youtu.be/z9HuCNw__5U

Apart from the cash input, the government also initiated dialogue with every political party that assured it of its support. The task of holding parleys with various political parties was reportedly assigned to the country’s premier intelligence agencies. Says a source, “These agencies made contact not only with individuals who have political clout but also those in mainstream political parties who have corruption cases pending against them and who could thus be blackmailed into submission.” A case in point: a few weeks ahead of the referendum, a PTV team arrived in Sukkur and filmed the property of a local politician believed to have amassed billions of rupees through corruption during his party’s two terms in power. Shaken by this incident and fearing impending arrest, he was seen frantically discussing the matter with his party colleagues. His panic dissipated only after at least two nazims in Sindh, who were given tickets by the PPP on his recommendation, announced their support to Musharraf in the referendum, despite the party’s unequivocal decision to boycott the referendum. “In Punjab, more than in any other province in the country, there are many corrupt politicians who have not been charge-sheeted for their ill-gotten gains and they were sitting ducks for such tactics,” contends a source. However, in the run-up to the referendum, the secret service agencies and Musharraf did not always see eye to eye. For instance, they were, from very outset, opposed to the idea of holding any dialogue with the MQM (A). Despite their reservations, says a source, General Musharraf went ahead and entered into negotiations with the party. “The government’s main concern was that in the light of its antagonistic relations with both the PPP and the PML (N), it was all the more important to cut a deal with the MQM, the third largest party in the country with a proven track record of motivating the masses in Karachi,” says an insider. The MQM’s support for the referendum came at a heavy price; the government was obliged to release at least 100 hardcore party activists from jail. “With cases of a heinous nature pending against many of them, they could not simply be set free, so they were released on parole,” revealed a source.


Javed Chaudhry & Mushahidullah Khan Expose Imran Khan - 3 (Kal Tak 21 MAR 2011)

URL: http://youtu.be/7V3EPedUhQQ


While the government had to acquiesce to the MQM’s demands in exchange for the party’s cooperation, it employed arm-twisting tactics against the nazims to ensure their fealty. This approach was hardly in keeping with the government’s claim to have achieved a milestone in ‘devolving power to the grass-roots level’ when the local councils were elected barely a year ago. With nazims still struggling to run the newly instituted local councils, their essential lack of power was clear for all to see when they were bluntly told that their political future depended upon their success in drumming up support for the referendum. The nazims and local councillors in all 306 districts in the country were directed by the provincial governments to use their own resources for the campaign. According to some reports, between 20,000 to 50,000 rupees were given to each of the union council nazims for campaigning on Musharraf’s behalf. “This has once again revived the old culture of loot and plunder of the public exchequer,” claimed a source. According to him, a protest rally was actually taken out by the nazims of some of the union councils in Hyderabad district in Sindh, complaining that the amount of 20,000 rupees given to them for election campaigning was not enough. The protesting nazims were demanding that they too be given 50,000 rupees each as had been put at the disposal of some of their counterparts or else they would be unable to bring their voters on polling day. “A constant refrain with the nazims from the inception of the union councils has been the dire shortage of funds to run even their day-to-day business, but no notice was taken of their complaints. For the first time, for the purposes of the referendum, they were showered with funds in advance to muster support for Musharraf,” he contends.

Sources disclosed that the chief executive’s secretariat in Islamabad sent directives to the governors of the four provinces asking them to report those nazims found to be stingy in their cooperation with local authorities in the referendum. According to these sources, the provincial governments have already recommended action against various recalcitrant district nazims all over the country. One such letter, No: 3GS/2002/3230, issued by the NWFP’s provincial home department on April 23, requests the federal government to initiate action against Azam Khan Afridi, a nazim of Peshawar district, for lack of cooperation during the referendum. Afridi, who belongs to the PPP, is reported as having proved himself to be anti-referendum by not extending unconditional political, financial and moral support to General Musharraf.

Similar recommendations have also been made against the nazim of Multan district, Shah Mahmood Qureshi, for his refusal to release funds worth six lakh rupees for Musharraf’s rally in Lahore. Reportedly, Multan’s district coordination officer had spent the amount from his own pocket for the rally, but when the summary was sent to Qureshi to compensate the coordination officer from official funds, he refused to oblige.

The fact is that the majority of nazims were left with essentially a Hobson’s choice. “The allocation of funds, the implementation of schemes, virtually everything pertaining to the local government, is in the hands of the provincial and federal governments, so the only realistic option they had was to support the referendum,” says a source.

Although the government had left no stone unturned to increase voter turnout on the day of the referendum, it remained, as expected, low and devoid of the enthusiasm usually found on an election day. Polling booths had been set up in every nook and corner of the country, including railway stations, airports, prisons, even hotel foyers, which offered free cookies and tea for those who came to cast their votes. “The entire machinery was geared towards attracting the greatest number of voters possible,” says an official.

Apparently, the decision not to announce a public holiday on April 30 was taken in order to compel the approximately five million public sector employees in the country to vote in the referendum. There were also instances in which employees were instructed by their superiors to vote in favour of President Musharraf or else face the consequences. Says a low-ranking employee of Karachi Port Trust, “When I went to cast my vote, one of our officers told me that the name and number on my identity card will be noted on the counterfoil of the ballot paper and that if I stamped ‘no’, my vote could easily be traced to me and I would be in trouble. Realising that one vote against him would not prevent General Musharraf from remaining president, I chose to stamp ‘yes’ and avoid creating problems for myself.”

Independent observers have reported a host of irregularities such as blatant multiple voting and the casting of votes by obviously ineligible individuals. According to an international news agency, at one such station in Karachi, a woman claimed to have cast her vote no less than 50 times, while one newspaper printed a photograph, whose authenticity, it must be said, could not be verified, of pre-pubescent schoolgirls merrily having a go at the ballot books and stamps. Many cast multiple votes simply for a lark and to see whether they could get away with it. Generally speaking however, those professing support for Musharraf were allowed to vote more than once, even if they possessed no identification papers. There were no electoral lists to complicate matters and at many of the polling booths, particularly at the fag end of the day, the personnel were not demanding identification. Wrote columnist Ayaz Amir in Dawn, “A young friend of mine proudly told me that in front of Municipal Library he had stamped 135 ballots as a mark of his love for General Musharraf. His mother, an active lady, had stamped another hundred, his sister, all of 14 years old, 150. Only fatigue rather than anything else had cut short their exertions.”

A presiding officer disclosed that although the total number of votes actually polled at his polling station in Karachi was 125, he, alongwith the other election staff, had increased it to 900 by closing time. “We had no problems until 6 p.m. Then in came the local SHO with three other police constables and asked us how many votes had been cast. When we told him the number, he simply told us that we were required to multiply the 90 by 10 and ensure that the ‘yes’ vote was around 98 per cent,” he said, adding that they were warned that unless the ballot boxes contained that many votes, they would not be accepted at the returning station. “We therefore had no choice, but to stamp the remaining votes ourselves.”

The office bearers of the Sindh Teachers Association had even more serious allegations of official high-handedness to report. According to them, in many cases where teaching staff was appointed at the polling booths, they were beaten up when they declined to violate basic electoral rules. In one such case, Professor Shahid Ahmed of Premier College in Karachi was badly roughed up by the SHO of Taimuria police station, M. Tahir, when he refused to comply with his demand to stuff the empty ballot boxes after stamping the ballot papers with the help of the rest of his staff. Subsequently, when he filed a written complaint against the concerned police official, he was threatened with dire consequences if he decided to pursue the case. Says Professor Siraj Ahmed Siddiqui, an office bearer of the Association, “There are so many cases that have been reported to us from all over the province in which the teaching staff has been insulted and manhandled for not ‘cooperating’ with the local administration.” The Association has asked the affected teachers to formally submit the complaints against the treatment meted out to them. “Once we receive the complaints we will not only make these facts public, but also call a strike in protest,” said Professor Siddiqui.

Despite the lack of data as to the exact number of eligible voters in the wake of the right of franchise being extended to everyone over the age of 18, the ECP claimed that the turnout was as high as 71 per cent. Independent observers, however, taking into account the irregularities in the course of the polling, estimate the figure at between 10 to 15 per cent. The opposition parties meanwhile, insist the turnout was no more than six per cent and have demanded that General Musharraf construe this as a verdict against him and step down from the presidency.

Analysts, meanwhile, cite various reasons for the low turnout in the referendum, the principal one being the boycott by the mainstream political parties – even the MQM withdrew its support to the referendum at the last minute – and the general public’s lack of interest in day-to-day governance as another. “Like every government in the past, the present regime tends to make tall claims, while the common man hardly benefits from any reforms,” says a senior journalist, who believes that as far as the masses are concerned, the problems of economics and law and order, far from improving, have continued to multiply manifold.

Farce or otherwise, the first phase of Musharraf’s legitimisation of his tenure is now over. And if this was a taste of things to come, analysts have already begun to question the credibility of the forthcoming general elections in October. Their apprehensions are based on the constitutional provision that requires Musharraf to seek the future parliament’s mandate for the confirmation of his tenure as president. This would only be possible if he ensures that the next general elections will return a malleable parliament that is prepared to play second fiddle. Given the manner in which the entire state machinery was harnessed to carry out the referendum exercise, the possibility that the new parliament will be elected through free and fair means seems remote. And in the words of one observer, “A tainted electoral process will only produce an unstable government, and we have seen what happens to unstable governments.” Resorting to such tactics will dash hopes for the country’s democratic future – the very fact that had, in the first place, compelled Musharraf to step in ‘reluctantly’ on October 12, 1999. REFERENCE: How the Referendum was Won By Massoud Ansari 15 MAY 2002 http://www.newslinemagazine.com/2002/05/how-the-referendum-was-won/

Javed Chaudhry & Mushahidullah Khan Expose Imran Khan - 4 (Kal Tak 21 MAR 2011)

URL: http://youtu.be/zxO5P26_YTo



On the morning of April 30, at a polling station in Fatima Jinnah Women University, Rawalpindi, when a smiling General Pervez Musharraf was casting a ‘yes’ vote for himself in the referendum, he did not seem to have been unduly bothered by the cost of the exercise. The 1973 Constitution is not only a statute book but it also provides for the cost-effective way of indirectly electing the president by a total number of 1021 national and provincial parliamentarians serving as an electoral college. So far the government and election commission have been reluctant to divulge the exact expenditure of the exercise. However, sources maintain that there is not much of a difference between the cost of a general election and that of the referendum. In the 1997 elections, the total cost was 1054,495,000 rupees (1.054 billion) and the target was 54 million registered voters. The cost in 1993 was 231,725,000 rupees (231 million rupees), enhanced by 83 million rupees. In 1997, the cost per voter was estimated at 20 rupees per voter. Now in 2002, given the high inflation rate, the cost has doubled. Another reason being cited for the high referendum cost is the government’s decision to lower the eligible voter age from 21 to 18. This has increased the number of eligible voters to 78.3 million. If we multiply this number with 1997’s per voter cost of 20 rupees, the total expense jumps up to around 1.5 billion rupees.


This cost did not sit well with the tax payers. Pakistan has a very low tax base. The number of total tax payers is around 700,000, which is less than 5 per cent of the total 78.3 million eligible voters. For years, the government has been struggling hard to increase the tax base but such uncalled-for expenses can only hinder the process of people voluntarily entering into the tax net. When they see the taxpayers’ money being put to non-productive use, this fortifies the tendency to resist every government move to increase revenues. Chief Election Commissioner Justice (Retd) Irshad Hasan Khan claims that the total expenditure incurred on the referendum is only around 500 million rupees. He added that a little over 60 million ballot papers had been printed for 60 million voters. But media reports suggest that the referendum cost could be over 2 billion rupees. This is over and above the cost of electing around 200,000 members of the district government that cost the tax payers around 1.7 billion rupees. If we calculate the cost to be incurred on the upcoming October elections to be around 2 billion, then the total cost of the restoration of democracy is going to be a whopping 5.7 billion rupees.

Addressing the nation on the eve of the referendum, General Musharraf did not the give exact cost but said: “There is lot of talk about the expenses being incurred on the holding of the referendum. Therefore, I thought it fit to touch upon it… The most important issue before the country now is the continuation of reforms, my own role and the establishment of stable democracy… I think, it is very important for me to seek the views of the people about this important issue, which in my view is the most essential part of the democratic process. Therefore, some expenses need to be incurred on holding the referendum.” He further said that over the last 20 days he had been to 23 places, covering every nook and corner of Pakistan, addressing public rallies and meetings. Media reports suggest that the cost of just the first two meetings was to the tune of 3.5 million rupees. Similarly, the cost of the General’s image-building has been enormous. The official press information department alone sought an additional 27.1 million rupees for the two-week publicity campaign running up to the referendum. This was spent on placing newspaper ads, and preparing special songs for PTV. Other government and semi-government departments were also asked to run publicity campaigns highlighting achievements during General Musharraf’s tenure. There was rampant use of radio and TV to project the official line. Although both have become corporations, they are still in government use. For a one hour prime time programme, PTV charges around 1.8 million rupees. However, the Musharraf campaign was run on all three TV channels. Another indirect cost relates to the hefty fee the government paid to four lawyers to defend the government in the petition against holding the referendum entered in the Supreme Court. According to the head of the government team, Sharifuddin Pirzada, the lawyers were paid 4 million rupees. All of this adds up to a staggering bill for a meaningless exercise. REFERENCE: Counting the Cost By Nadeem Iqbal 15 MAY 2002 http://www.newslinemagazine.com/2002/05/counting-the-cost/



Despite its hectic efforts, the government could not win over the major political parties in Balochistan. The only parties who hopped on to the Musharraf bandwagon were those whose leaders have been unable to secure even their own seats in the assemblies. The complete strike in the provincial capital, on the call of the opposition political parties on referendum day, really perturbed both provincial and federal governments. The strike belied the claims of parties allied with President Musharraf that the people would turn out in large numbers to vote for him. Almost all polling stations in the city precincts, except some in the cantonment and in areas with Persian-speaking Hazaras, wore a deserted look till the afternoon, while vehicular traffic remained thin. However, after the military and civil authorities swung into action, the Nazims were activated to bring in a few thousand voters from their respective areas in Quetta. The administration of the government departments was also directed to ensure the presence of employees for casting their votes.


The process of vote casting was made so easy that any document proving the identity of the voter was acceptable, and even certificates issued by Nazims of the areas, were considered good enough to fill the ballot boxes. In the evening, the polling staff in Quetta were seen allotting more ballots than one to individuals who wished to cast multiple votes. A group of journalists during their visit to one of the deserted polling stations set up in the T&T Colony girls’ school in the heart of the city, witnessed some 20 ballot papers torn off from the book, lying on the table before the polling staff in the absence of voters. When asked what the papers were doing there, the staff explained that they were waiting for the voters to come and the ballot papers had been torn off from the book in advance. One of them said, “ultimately all these ballots have to be dropped in the ballot boxes.” The complaints of bogus voting by the people of the King’s party were high at more than one polling station and the turnout much lower than expected. A Naib Nazim of Quetta said, “I waited for the voters to come till afternoon but the polling stations remained deserted. So I took my supporters with me and we took over the ballot books from the polling staff. I started stamping and tearing off the ballots and we did this in all seven polling stations of the area.” Another nazim, from the katchi abadis, told a reporter, “I have been given four books of a hundred ballot papers each, and by 6 p.m. we have completed three books. Inshaallah, within an hour all the books will be used.” Some government employees also proudly stated that they had cast four to five votes each, with the help of the polling staff.

With such irregularities in polling, the Election Commission eventually announced that General Musharraf had received over 2.5 million votes. Considering a scattered population of Balochistan is 6.5 million, the figure is an incredible one. The opposition, comprising some eight political parties including the PPP and PML(N) and three different alliances – ARD, PONAM and Mutahida Majlis Amal – failed to pull together a substantial gathering in the public meeting they arranged two days before the polling day. While they had been agitating against the referendum for a while, the opposition parties then gave a call for a general strike without being sure of the response they would get. Independent observers estimate numbers at the opposition’s public meeting at not more than a few thousand. The government is reported to have created hurdles in the way of arrangements for the meeting, arresting party leaders, watering the ground a couple of days before the meeting and stopping vehicles at entry points of the city. General Musharraf and Governor Justice (R) Amin-ul-Mulk Mengal expressed their displeasure over the performance of City Nazim Abdur Rahim Kakar who had assured the strike call would go unheeded and predicted a record turnout at the polling stations.

The government and its agencies were taken aback over the successful strike in Quetta and lack of enthusiasm shown by the people towards the referendum, specially since pre-referendum surveys had suggested a different scenario. The outcome was unexpected after the mammoth public meeting held by President Musharraf in Quetta, followed by a charged atmosphere in favour of the referendum and the announcement of support one after another by traders, some political parties and government employees associations. The government spent a huge amount from national resources, using all the resources of the administration, for the Musharraf public meeting and the referendum campaign. Three million rupees had been placed at the disposal of the District Coordination Officer for just the public meeting in Quetta, while over 20 million rupees were allocated for advertisements in the local press for the referendum campaign, besides earmarking millions of rupees for the polling day. As in other parts of the country, the announcement of General Pervez Musharraf granting some concessions for the common man, farmers, inhabitants of katchi abadis etc. in the shape of development activities in Balochistan had some positive impact.

Justice Mengal also embarked on a whirlwind tour of the province while Corps Commander, Lt. Gen. Abdul Qadir, being a local, had earned the goodwill of the local population by addressing development issues, and seeking the support of the tribal chieftains and elders. Provincial ministers also visited the interior of the province for the same purpose. The political parties supporting the referendum could only help the government in building its image in the media, but their practical support did not amount to much. The leaders of the Tehrik-e-Insaaf, Millat Party, Awami Tehrik, National Awami Party etc. maintained a presence in the press, but none of them were to be seen mobilising voters on the polling day. The Quaid-e-Azam group of the PML is the only party of the King’s camp that mattered to some extent as far as the referendum was concerned. The group comprises the old faces that used to be seen around General Zia, Junejo and Nawaz Sharif at their peak. Now they are seen in the Musharraf’s camp and will no doubt join his successor. The individuals dominating this group have their own vote bank and tribal influence, but have always been changing their loyalties with the wind. With the backing of the state machinery they stand a good chance of winning their seats in the elections.

Hassan Nisar Exposes Imran Khan

URL: http://youtu.be/OfQB0aSY77Y

In Balochistan, unlike the other provinces, all the Nazims and Naib Nazims from the union council to district government level, barring a few, have been supporters of the policies of the present military government. Even those elected with the help of political parties or local influential personalities have deferred to the government. The Nazims of the Balochistan National Movement worked publicly in their districts for the success of General Pervez Musharraf in the referendum, although BNM head Dr. Abdul Hai Baloch had strongly opposed the referendum from the PONAM platform. The BNM swept the local bodies elections in Makran division and Awaran district and succeeded in bringing in three district Nazims and one Naib Nazim. The Balochistan National Party (Bizenjo group) dominated by those elements who are keen to jump onto the bandwagon, recently disassociated itself from the opposition parties in an attempt to win concessions from the government for two former ministers Syed Ehsan Shah and Asad Baloch who were facing NAB corruption charges. Mir Yaqub Bizenjo, alias Imam Bheel, a drug baron of Makran, who has been a traditional ally of the BNP, also vowed to work for the success of General Musharraf through front-page advertisement in the newspapers.

Instead of garnering support, the rallying of corrupt elements around him is causing great damage to General Musharraf. A number of such people who had fled abroad or gone underground to avoid their arrest and interrogation in corruption charges have now surfaced, apparently after deals have been struck. Some have been released following plea bargaining. Mir Jan Mohammad Jamali, a former Chief Minister of Balochistan is one of them. He escaped to Dubai when investigations started against him for misusing 140 million rupees from his secret fund and other alleged financial scams. Coming back to the country a few months ago, he joined the PML-Q and is now one of the pillars of Musharraf’s supporting team in the province.

On the other hand, the government is deprived of the support of the political parties having both street power and a substantial vote bank. They included the Balochistan National Party (Mengal), Pushtoonkhwa Milli Awami Party, Jamhoori Watan Party, Jamiat Ulema Islam and Jamaat-e- Islami Pakistan. However, parties like the Balochistan National Movement apparently opposed the referendum in the press, but extended their tacit support to the government. Pushtoonkhwa was the only party that embarked on a mass awareness campaign against the referendum, holding corner meetings despite the ban on political activities. Other political parties confined their opposition to the press, besides holding some public meetings in the interior of the province. While the administration assisted political activities in favour of the referendum, its opponents were denied the same right. The lawyers’ community in Balochistan was the only segment of society that staged rallies and marched on main roads and through bazaars against the referendum. In retaliation, the government lodged treason cases against them and arrested their leaders, including Ali Ahmad Kurd, President of the Balochistan Bar Association.

These arrests sent a wave of anger among the community who announced they would continue their protest till the withdrawal of these cases and the release of their leaders. The police went a step further by arresting 70 more lawyers after the protest. The lawyers fought back by courting arrest and resorting to a token hunger strike. Ultimately, sanity prevailed on the part of the government. Cases were withdrawn and all the arrested lawyers set free. The government directed the 1400 councillors of Quetta to get people to participate in General Musharraf’s public meeting, also directing government employees to be present at the meeting. But while there was a show of numbers in the meeting, the resources of the administration could not deliver the desired results on the day of the referendum. The referendum also cost the government one of the well-reputed and competent judges of the superior courts. Justice Tariq Mahmood, a judge of the Balochistan High Court, quit when as a member of the election commission of Pakistan from Balochistan, he refused to be a part of the referendum process, terming the referendum unconstitutional. The ECP, in an apparent attempt to cover up his resignation, issued a press release saying Justice Mahmood had been withdrawn on the recommendation of the Chief Justice of Balochistan. REFERENCE: Constructing Consent By Shahzada Zulfiqar 15 MAY 2002 http://www.newslinemagazine.com/2002/05/constructing-consent/

Friday, January 29, 2010

NRO: Kamran Khan & Dishonest Lawyers.

Sometimes Intellectual Dishonesty is more fatal than the Financial or Moral Corruption. Financial/Moral Corruption is mostly related with a few and destroys a few [Of course I condone neither] but Intellectual dishonesty destroys nations e.g. Sharifuddin Pirzada, A K Brohi and their Protégé i.e. Barrister Mr Khalid Anwer. Once again it is proven beyond doubt that Human Memory is very weak particularly of Jang Group/Kamran Khan when they discuss PPP/NRO/Zardari and that's what happen during a talk show on NRO with Legal Wizzard Mr Khalid Anwer. Mr Kamran Khan/Jang Group/GEO TV/Mr. Khalid Anwer "conveniently" forget as to what the same Jang Group used to publish 10 years ago on the "Dirty Role of Barrister Mr. Khalid Anwer" and other Lawyers whom nowaday GEO TV/JANG GROUP/THE NEWS INTERNATIONAL call for "Expert Opinion" on NRO [READ TO DISCUSS WAYS AS TO HOW TO SACK ELECTED GOVERNMENT OF PPP OR GET ZARDARI THROUGH WITCH HUNTING]

This happened last night i.e. 29-Jan-2010 during a GEO TV Show Aaj Kamran Khan Kay Saath. Profile: Barrister Dr. Mohammad Farogh Naseem http://pakistanherald.com/Profile/Barrister-Dr-Mohammad-Farogh-Naseem-1102 KARACHI: Youngest AG for Sindh By Our Staff Reporter January 08, 2008 Tuesday Zilhaj 28, 1428 http://www.dawn.com/2008/01/08/local10.htm

"QUOTE"
Saturday, January 30, 2010, Safar 14, 1431 A.H
http://www.jang.com.pk/jang/jan2010-daily/30-01-2010/main4.htm




"UNQUOTE"



RAWALPINDI: Any case can be initiated against President Zardari under Section 4 of Article 248 of the Constitution, but neither the Supreme Court has mentioned it nor the media discussed it, said former Law Minister and constitutional expert Khalid Anwar on Wednesday. He was talking to Kamran Khan in Geo News programme ‘Aaj Kamran Khan Kay saath’. He said there should be no doubt that the Supreme Court’s decisions should be implemented. He said the government made a mistake by not implementing the short order of the SC. Now the apex court can take a suo moto notice on why the government didn’t act as the short order was announced a month earlier. Khalid Anwar said under the Constitution, the Supreme Court cannot issue notice to the president of Pakistan, but it can order the government to get the court verdict implemented. On this the government would apply in the court that the president has got immunity under the constitution, and the SC can issue a stay order in this regard after receiving the government’s application to review the decision. On this application the court will decide whether the president has got the immunity or not. REFERENCE: Any case can be filed against Zardari, says Khalid Anwar Thursday, January 21, 2010 News Desk http://thenews.jang.com.pk/top_story_detail.asp?Id=26800

Thursday, January 28, 2010, Safar 12, 1431 A.H
http://www.jang.com.pk/jang/jan2010-daily/28-01-2010/main3.htm










Mr Khalid Anwer is a renowned 'Lawyer' and as per his Legal Firm Profile " Khalid Anwer & Co. is a premier law firm having a total strength of eleven lawyers in Karachi and associate firms in Lahore and Islamabad. It was formerly known as A.K. Brohi & Co. It is one of the oldest and most prestigious law firms in Pakistan." Everybody who know Pakistan History also know that "The Law of Necessity" was basically the brainchild of Late. A.K. Brohi - As per Mr Ardeshir Cowasjee in Daily Dawn.

"QUOTE"



HOW fortunate can a man be? Take me, for example. I have had the pleasure of knowing, partaking of their wisdom, and enjoying the company of Allah Baksh Kadir Baksh Brohi, Syed Sharifuddin Pirzada, and Brohi’s protege, Khalid Anwer. Friend Brohi is with us no more. Friend Sharifuddin is very much around, but for the time being enjoying a sabbatical. One can but admire his self- confidence, as he is still sure that he can convince his Maker (if his Maker will hear him) that all he has done upon this earth has been good and just. Khalid is on his way up. He successfully had Nawaz’s dissolution overturned. He successfully had Benazir’s dissolution upheld. Now he has had 58(2)(b) erased from the Book. As a member of the government, he bears a great deal of the collective responsibility for any action taken by this government, for he is by far the brightest, the most finely educated, the most well-read, and the most balanced of the democrats amongst whom he sits. How often can a man write the same thing, over and over again:

"Every citizen of this country who can read, write and think, can say without any fear of contradiction that it is, and always has been, the intent of all our leaders (barring the first), to enforce their will, to tailor the constitution and all of the laws of the land and to interpret them to suit their own special needs so that they may remain in power for ever. During the early years, the leaders did make some sort of effort to pretend that they had the interests of the country and its people at heart, bogus though it may have been, but since 1 -- 1 even pretence has been discarded. Now, it is total blatant glasnost; machinations, schemes and scams are publicly, fearlessly and contemptuously aired. REFERENCE: Consistent honesty? Ardeshir Cowasjee Week Ending: 12 April 1997 Issue : 03/15 DAWN WIRE SERVICE http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/12Apr97.html#cons

"UNQUOTE"

MORE DIRT ON Former Judge MALIK QAYYUM, Former Law Minister KHALID ANWER PML-N, Ehtisab Bureau Chief[Accountability Bureau of PML-N] SAIFUR REHMAN [NOW General Musharraf Advisor] AND Justice Rashid Aziz of Lahore High Court.

Judiciary's/Lawyers Checkered History as compiled in a book The Hegemony of the Ruling Elite in Pakistan (2000) by Mr. Abdus Sattar Ghazali - The author is a professional journalist, with Master's degree in Political Science from the Punjab University. Started his journalistic career as a sub-editor in the daily Bang-e-Haram, Peshawar in 1960. Later worked in the daily Anjam and the Tourist weekly Peshawar. Served as a News Editor in the Daily News, Kuwait from 1969 to 1976. Joined the English News Department of Kuwait Television as a News Editor in December 1976. Also worked as the correspondent of the Associated Press of Pakistan and the Daily Dawn, Karachi, in Kuwait. At present working as the Editor-in-Chief of the Kuwait Television English News. [Courtesy: HEGEMONY OF THE RULING ELITE by Abdus Sattar Ghazali]

Excerpts from the book:

"QUOTE"
EHTESAB (ACCOUNTABILITY)

Absolute power has corrupted our rulers absolutely. They have had their way since the demise of the Quaid-i-Azam. Corruption is a universal weakness and is hardly confined to Pakistan. But, whereas in other countries it is abhorred and severely proscribed and punished, we have allowed corruption to thrive and spread with total impunity. Today, it has pervaded the whole structure of our society, not excluding politicians, bureaucrats and even some sections of the army.[1] Rampant corruption has now reached its peak and has engulfed every segment of the society. Successive governments always made vocal claims and hollow promises to weed it out. But it all sounds false, as all these people were themselves involved in all types of corrupt practices. Pakistan's credit-rating has been lowered by several foreign agencies, and it has been labeled as the third most corrupt country in the world by Transparency International. However, our rulers believe that corruption is a necessary evil in the developing countries that provides incentive for developments.[2]

Corruption has been a perennial charge against all outgoing regimes and its eradication has been on the top of the agenda of all successive regimes. Unfortunately, the ground realities have only worsened in our country despite tall claims and promulgation of a heap of laws to arrest and contain corruption. It's not been the inadequacy of the laws but the failure to implement them, as well as the erroneous approach to contain corruption, which has thwarted every such attempt in the past 52 years.

The first statute, commonly known as PRODA, was enforced by the first prime minister, Liaquat Ali Khan, in 1949. Later, General Ayub Khan, as chief martial law administrator, promulgated PODO in March 1959 which was then substituted by EBDO in August 1959. Under the government of prime minister Zulfikar Ali Bhutto, the Holders of Representative Offices Act and the Parliament and Provincial Assemblies (Disqualification for Membership) Act were passed in 1976. But no case was registered under these two acts which were later repealed by General Ziaul Haq who instead issued two presidential orders, commonly known as PPO No16 and PPO No17 (1977).

In September/October 1996 the then opposition under the leadership of Mian Nawaz Sharif and the then government of prime minister Benazir Bhutto tabled in Parliament their respective bills on accountability. These bills lapsed with the dissolution of the National Assembly. The caretaker government of Malik Meraj Khalid had promulgated the Ehtesab Ordinance (1996) which was replaced by a new act of parliament called the Ehtesab Act (1997). Even this Ehtesab Act was subsequently amended repeatedly by Nawaz Sharif through ordinances. The general elections in 1997 were held on the basis of the laws whereby defaulters of loans and utility bills were disqualified and every candidate was required to submit declaration of his assets not only at the time of election but also every year after becoming members of parliament. The Nawaz Sharif regime had deliberately allowed this law to lapse as it was made through an ordinance.

Since the tenure of the first prime minister of Pakistan, Liaquat Ali Khan, across-the-board accountability has remained the unanimous demand of all sections of the public and, after the dismissal of the Sharif government on October 12, 1999, it was once again a burning issue. Ironically, despite unanimity on this issue, the mode, manner, period and extent of the accountability to be undertaken has never been resolved decisively. In Pakistan, the word ‘accountability’ has only one meaning: to malign and persecute political opponents.

Ehtesab (Accountability) Law

The National Assembly, on May 29, 1997, amended the Ehtesab Ordinance to introduce major changes in the accountability process. The most significant amendment was the shifting of the starting date for accountability from the original 31st December, 1985 (when General Zia lifted the martial law) to 6th August, 1990 (when the first government of Benazir Bhutto was dismissed). The amendment also transferred the power of investigating charges of corruption from the Chief Ehtesab Commissioner to the Ehtesab Cell set up by Prime Minister Nawaz Sharif.

DG IB IQBAL NIAZI 1


DG IB IQBAL NIAZI 2


DG IB IQBAL NIAZI 3


DG IB IQBAL NIAZI 4


DG IB IQBAL NIAZI 5



Although the amendment excluded the first Benazir government from the purview of accountability but the exemption for the 1985-90 period is significant since it was during this period that Mr. Nawaz Sharif, in his capacity as the Chief Minister of the Punjab, was strengthening and consolidating his industrial and political base. At the time of passage of the Ehtesab Law, there were reports that there were 167 cases of major loan default which include 107 cases involving top leaders of the PML(N) who got the benefit of huge write-offs and rescheduling during 1985-1990.


BBC Documentary on Nawaz Sharif (PML - N) Corruption



The transfer of the power of appointment of the Chief Ehtesab Commissioner from the president to the federal government reduced the office of the CEC to a mere post office. The real power was transferred to the accountability cell in the Prime Minister's secretariat. The head of the Cell, Senator Saifur Rehman Khan, was accountable only to the PM. The amendment also extended ex post facto legal sanction to the PM's accountability cell, which was under attack in a number of writ petitions in the Lahore High Court.

The original ordinance had empowered the CEC to initiate a case on a reference received from the appropriate government, on receipt of a complaint or on his own accord. Under the new amended law, if the CEC deems a reference necessary, he must refer it to the accountability cell for investigation. With all the accountability functions and powers concentrated in a cell functioning in his secretariat, the prime minister was able to keep a strict check not only on the opposition and the bureaucracy but on his own party-men also.

Ehtesab officials get SHO's power

The federal government, on Feb. 4 1998, amended the Ehtesab Act, replacing the name, "Ehtesab Cell", with "Ehtesab Bureau", and provided powers of an SHO to the chief of Ehtesab Bureau or any other official designated by him for the purpose of investigation. The amendments were introduced into the Ehtesab Act through a presidential ordinance, the first by President Rafiq Tarar.

The chief of Ehtesab Bureau or any officer designated by him enjoyed all the powers of an officer-in-charge of a police station. The chairman or designated officer were empowered to require the assistance of any agency or police officer. The amended law provided indemnity to officials of the Ehtesab Bureau on acts deemed to have been done on "good faith".

By amending Section 3 of the Ehtesab Act, the government had again brought in the original definition of "corruption and corrupt practice". In the original Ehtesab Ordinance, corruption by a government official was defined as "favours or disfavours to any person." Through a subsequent amendment in the original Ehtesab Ordinance of 1996, the words "any other person" was replaced with the words "his spouse or dependents." The government again restored the original meaning that any favour by a government official to other person other than his/her spouse or dependents would also fall in the definition of corruption, and he would be held responsible for that.

A reference made to the Ehtesab Bureau was to be treated as a report under section 154 of the Penal Code. After the reference of any case to the Ehtesab Bureau by the Ehtesab Commissioner, it would be an exclusive responsibility of the bureau to examine all the material, evidence and proof. No other agency had a power to look into the matter. For the purpose of inquiry into any matter referred to the Ehtesab Bureau, the chairman and the bureau had the powers of an officer in charge of a police station, including the power to ask any citizen to appear before it. Every government agency, police official or any other government official was bound to assist the Ehtesab Bureau in investigation.

After the amendment, the Ehtesab Bureau was also empowered to ask the Chief Ehtesab Commissioner to make a request to any court for the withdrawal of any case pending in a court. If the application was granted by the court, the case will be transferred to the Ehtesab Bureau. The Chief Ehtesab Commissioner had the powers at any stage of proceedings against an accused under the Ehtesab Act, to order the arrest of the accused..

The Bureau became an independent investigating agency with teeth of its own and therefore not dependent, as it formerly was, upon the powers of the FIA. This may be a sequel to the turf war between Senator Saifur Rehman's ehtesab machine and Ch. Shujaat Hussain's interior ministry, both of whom were vying for control over the FIA. The first and most striking change of course was to strip the original law of its neutrality and place the powers of investigation and prosecution firmly in the Prime Minister's Secretariat.

How FIA kidnapped notables to please Saif-ur-Rahman

Chairman of the Ehtesab Bureau, Senator Saif-ur-Rahman, used his power to harass political opponents and kidnapping leading businessmen. He operated mostly through a select group of FIA officials while Nawaz Sharif had first-hand information about Saif's involvement in the kidnapping of some of the very reputed citizens as he ignored strong complaints against this nasty operation even from his cabinet colleagues. [3]

For instance when the FIA sleuths kidnapped Farooq Hasan, owner of Hasan Associates, a renowned builder and developer of Karachi in 1998 and locked him at a Saif-run safe house in Islamabad, federal minister Halim Siddiqi had rushed to Nawaz Sharif to inform him about Saif's involvement in the kidnapping of a well-known Karachi businessman. Halim Siddiqi's pleas both to Sharif and Saif went unheeded as Hasan had to stay for about a week in Saif's dungeon and was only released when he signed a confessional statement that had been prepared by Saif's lieutenant at the Ehtesab Cell. Saif prepared confessional statement for Farooq Hasan relating to dealings of AES power plant with the Benazir government. Throughout his confinement Hasan was physically abused, mentally tortured and was not allowed to sleep. Hasan was also kept and interrogated at Saif's personal residence in Islamabad.

Jamil Ansari, the Chief Executive of a famous trading and business group in Karachi, was also kidnapped in 1998 by the FIA while he was about to board a Karachi-bound flight from Islamabad. For the next four days Ansari's family in Karachi had no knowledge of his whereabouts. The case was soon brought to the knowledge of Nawaz Sharif, who conveniently ignored protest from an associate who thought that such daylight kidnappings of the business luminaries without any charges would bring the PML government into disrepute. For more than a week, Ansari, a businessman, was questioned for his friendship with a ranking naval official. This week-long illegal detention under Saif's orders of the chief executive of a reputed firm had sent a shock wave in Karachi's mercantile community, but the Nawaz Sharif administration was not bothered.

The FIA was also involved in the kidnapping of Shahzad Sherry, a well-known international banker, from Karachi. Like other victims, Sherry was also swiftly shifted to Islamabad, where he was locked at a government-run safe house. For several days Sherry was kept in illegal confinement and questioned by the former Ehtesab Bureau stalwarts including Senator Saif-ur-Rahman. Sherry was apparently also paying price for his friendship with certain naval officials. His detention also continued for several days before being released without bringing any criminal charges against him.

Karachi-based Jamil Hamdani, another representative of an international bank, was kidnapped from his house in Defence Society Karachi in Oct. 1999 and was forced to board an Islamabad-bound flight for an urgent meeting with Saif-ur-Rahman and his team. Saif pointedly informed Hamdani about his disliking for his bank's interest in the privatisation of Habib Bank Limited. Jamil Hamdani was believed to be working on an international consortium that was interested in the management of overseas operations of Habib Bank. No apologies were offered after Hamdani was set free three days later by the Ehtesab sleuths who also warned him not to talk to the press about his ordeal.

Saif's frenzy to get private citizens abducted through the FIA touched its peak last year when he used the federal agency to kidnap Arif Zarwani, a UAE national and a reputed businessman, from his friend's house in Defence Society Karachi. Zarwani, who had been arrested in an FIA-cum-police raid, was quickly flown to Islamabad, where he was handed over to Wasim Afzal, a close associate of Saif-ur-Rahman. The Ehtesab action created a stir in the UAE as Nawaz Sharif was personally told that Zarwani's kidnapping in Karachi had endangered his official visit next day to the UAE. Zarwani, who was apparently picked up for his ties with Asif Zardari, was freed from the Ehtesab clutches, two days later, only after he was forced to listen to a telephonic sermon from Saif who was then touring Europe. No reasons were given for Arif Zarwani's arrest nor any criminal charges were brought against him. Despite an official protest from the UAE Nawaz Sharif did not question Saif or the FIA for the kidnapping of a foreign national.

In another case Ghulam Mustafa Memon, a well-known petroleum dealer and a former friend of Asif Ali Zardari, was kidnapped in an FIA action from his house in Defence Society, Karachi in 1998. During the operation the FIA sleuths ransacked his house. Memon, like other victims, was quickly flown to Islamabad where he was kept at a safe house for about a week. Mustafa Memon said that during the detention, he went through severe physical torture and mental harassment at the hands of senior Ehtesab officials. At last a week later Mustafa was quietly released from Islamabad and no criminal charges were brought against him.

Among others who made the hostage list of Saif-ur-Rahman was Naeemuddin Khan, a senior United Bank Limited (UBL) executive responsible for recovering Rs 1.2 billion loans from Saif-ur-Rahman's Redco Textile Mills. While using the FIA in the kidnapping of Naeemuddin Khan from his room at Karachi's Pearl Continental Hotel, Senator Saif is understood to have told the FIA that Naeemuddin was involved in money laundering. Without verifying the facts an FIA team barged into Naeemuddin's room in August this year and in the next few hours he was facing a Saif-ur-Rahman interrogation squad at an unspecified location in Islamabad. Naeemuddin's ordeal ended after Nawaz Sharif listened to a strong complaint in this regard from National Assembly Speaker Illahi Bukhsh Soomro and ordered the bank executive's release. Sharif, however, refused to order any probe into the kidnapping of a bank executive who was being punished for his attempt to recover Rs 1.2 billion of loan from Saif-ur-Rahman.

Leading newspaper columnist Hussain Haqqani had been kidnapped by the FIA sleuths along with his brother, an active service Army Colonel, during an evening stroll on direct orders from Saif-ur-Rahman in early 1999. It was at least three days after Haqqani's kidnapping that Saif-ur-Rahman ordered the FIA bosses to "produce" a case against him. Official sources confirmed Haqqani's account that he was beaten and kept awake during the first week of his arrest. Haqqani was of the few Saif victims whose captivity brought criminal charges, vehemently denied by Haqqani who said that the cases against him was the figment of Saif's imagination.

The annual 1997 Human Rights Report of US State Department said the Accountability Commission, established by the caretaker government and headed by a retired judge, had been overshadowed by an "accountability cell," headed by a close associate of the prime minister. This cell had been accused of conducting politically-motivated investigations of politicians, senior civil servants, and business figures, designed to extract evidence and, in some cases, televised confessions of alleged wrongdoers. The report gave the examples of televised confessions extracted from Salman Farooqi, secretary of commerce under Benazir Bhutto; Ahmed Sadiq, Benazir Bhutto's principal secretary; and Zafar Iqbal, chairman of the Capital Development Authority. It said most politicians and bureaucrats, who had been charged with corruption or other crimes, were out on bail. http://ghazali.net/book3/ch6/ch6.html
REFERENCES:

1. Sardar Sherbaz Mazari, Corruption: Stench is everywhere - Dawn 4-7-1994

2. Bare bones - unrefuted, Dawn 6.10,1995

3. The News 6-11-99

STATE TERRORISM OR RULE THROUGH TERROR [1988-1999]

Pakistan has a very poor human rights record since the rule of Zulfikar Ali Bhutto who established the Federal Security Force to eliminate his political opponents. Ironically, his implication in a political murder led to his execution. General Ziaul Haq's 11-year military rule witnessed lashing of anti-government elements in the name of Islam. However, the 11-year post-Zia psedo-democratic era experienced the worst kind of human rights violations.

CONFESSION BEFORE POLICE

The Benazir government made even General Zia, the military dictator, look like a liberal by its decision to consider deposition of an accused before the police as a valid evidence against him. The President promulgated an ordinance in April 1995 that permits confessions or statements against third persons obtained during police interrogations in parts of the country, declared to be terrorist affected areas, to be used in court. Human rights monitors view this ordinance as an endorse ment of police torture to obtain evidence, while the gov ernment argues that the law is currently not applied, because no part of the country has been declared a terrorist affected area.[1] The law authorizes the police and the civil armed forces (Rangers, Frontier Corps, Frontier Con stabulary, or any other forces designated by the government) to use force against suspects. By allowing confessions to police as proven evidence the policemen are being given a legally protected excuse to liquidate their quarry in the so-called encounters.[2]

It is ironic indeed that the government of Pakistan -- that is (as our leaders keep reminding us ad nauseam) free and democratic -- has seen fit to do away with a protection against police brutality that in fact antedates even the British Raj. The origins of section 38 can be traced to 1817, i.e. the days of East India Company. More than a hundred years ago, in Queen-Empress vs Babu Lal (1884) 6 All 509, a Full Bench of the Allahabad High Court had the occasion to examine sec tion 25 of the Evidence Act. The observations of the learned judges as to the absolute need for protection provided by this section (or its pre sent form, section 38) still ring true and can, unfortunately, be readily appreciated by modern day Pakistanis as representing the harsh reali ties on the ground here today. One of the judges, Justice Mahmood (who, incidentally, was one of the first Muslims to be elevated to the High Court), observed:

"These legislative provisions leave no doubt in mind that the Legisla ture had in view the mal-practices of police officers in extorting con fessions from accused persons in order to gain credit by securing con victions and that those malpractices went to the length of positive tor ture The object of the rules was to put a stop to the extortion of con fessions, by taking away from the police officers the advantage of proving such extorted confessions during the trial of accused per sons." [3]

By Ordinance XXXIX of 1995, a new section 11A has been intro duced in the Terrorist Affected Areas (Special Courts) Acts, 1992. The material portion of the new section is as follows: "Notwithstanding anything contained in Section 38 of the Qanun-e-Shahadat, 1984, the confession made by a person...before a police officer not below the rank of Deputy Superintendent of Police may be proved against him..." In other words, section 11A attempts, insofar as offenses tri able under the Terrorist Affected Areas Act are concerned, to do away with the protection contained in section 38 of the Qanun-e-Shahadat. Section 38 provides with admirable brevity as follows: "No confession made to a police officer shall be proved against any person accused of an offence."

Commenting on this retrogressive piece of legislation, the daily Dawn_ said: Do we need to be reminded how our police work and what sophisticated methods they use to carry out their investigations? In the armory of our police force no tool of investigation is more fre quently used than what in the local lingo is called the chittar, a vicious piece of leather with a handle which no police station through the land is without and which is used indiscriminately not only on offenders but on anyone else foolish enough to provoke the police's anger. Indeed, even a more reprehensible feature of the ordinance than the threat to innocent detainees is the danger that it will further undermine public faith in the system of justice.

POLITICAL VICTIMIZATION

Ghulam Hussein Unnar's case symbolizes the height of "state terror ism."[4] The hereditary chieftain of the Unnar tribe contested the 1985 partyless elections from Larkana and was elected. In 1988, elections he stood on a PPP ticket and was again elected to the provincial as sembly. During Benazir's second stint he emerged as a popular politi cian on the wrong side of the fence. He contested the 1993 elections on a Pakistan Muslim League [Functional] ticket and lost by only 2,000 votes. Unnar claimed it was due to rigging. Between November 1993 and February 1994, 17 anti-corruption cases were brought against him, for 14 of which he managed to get bail before arrest from the Sindh High Court, and for the remaining three bail from the special anti-corruption court in Larkana. Between February and June 1994 he was detained four times under the Maintenance of Public Order Ordi nance. The blind FIR cycle of arrests was brought into play against him in July 1994, and it kept him continuously in custody until De cember 5, 1995. He was too sick to be flown abroad and was admitted to the Agha Khan hospital where he expired on January 25, 1996. Chief Justice of Sindh High Court, Nasir Aslam Zahid, on April 3, 1994, or dered that Unnar be examined by a medical board, which was done on April 4. The board recommended that he be hospitalized forthwith and the CJ ordered so on April 8. His orders were disregarded, and a con tempt application had to be filed on April 12. CJ Zahid reprimanded the authorities and very ill Unnar was taken to the Larkana hospital on April 15. On April 16, 1994, Justice Zahid was removed from his post as Chief Justice of the SHC and he took his oath as a member of the Shariat Court. It is clear that Unnar was made to pay for his collabora tion with Jam Sadiq Ali's government, which persecuted several senior members of the PPP in Larkana, Benazir's home district.

Ironically, it was Jam Sadiq's government which demonstrated that "blind FIRs" as the former Sindh Chief Justice Nasir Aslam Zahid termed them, are a convenient tool to harass political opponents and settle old score. The MQM has also alleged that its senior members and activists have been falsely implicated in several such FIRs, and that no elected member of his party has less than 50 cases to their name.

A blind First Information Report (FIR) is an FIR for which no case can possibly be made. It can be used in the so-called 'blind' system to hold in remand those whom the 'authorities' wish to harass for political or vengeful or other reasons. A cop whips out a dormant case file, asks his obliging magistrate to remand the victim in his custody for 14 days (maximum permissible) for 'interrogation,' at the end of which he pro nounces his suspect to be innocent and releases him. But before the victim is freed, another cop takes over and the cycle continues till the 'high-ups' feel that the victim has had enough. The blind FIR system is operated by Station House Offices who have bought their police sta tions - the purchasing having been acknowledged by none less than the President of the Republic.[5]

RANGERS OPERATION IN KARACHI

On November 30, 1994, the Benazir government withdrew army from Karachi and other towns of Sindh as it failed to restore lasting peace in its 29-month operation. The army was replaced by the Rangers force which launched ruthless operations of mass arrests, siege of Mohajir localities, and at random killings of alleged terrorists in order to root out what the government called "the MQM terrorists." According to the Pakistan Human Rights Commission report, 353 people were killed and 649 were injured between October 1993 and November 1994 while the army was operating in Sindh.[6] But more than 850 people had been killed within seven months of the operation by June 1995, including 280 in June alone. By the year end, 1800 people had been killed by the official count.

Benazir enraged the Mohajirs when she called them as 'buzdil chu has." While addressing a rally in Kasur on May 25, 1995, she said "cowardly mice had come out to spread terror."[7] Sindh remained disturbed with crime, terrorism, ethnic prejudices and gang warfare between MQM factions. The top PPP leadership recognized only three aspects of trouble in Karachi and rest of Sindh: politically a suspect MQM with which it is necessary to keep talking; terrorism that still stalks needs to be fought tooth and nail; and there is subversion and sabotage by India. It does not suspect that there can be a political di mension to terrorism or that negotiations with an opposition party, un less they are seriously intended and are purposeful, can do more harm than good. [8]

On the situation in Karachi, the US Human Rights Report for 1995 pointed out: "The number of extra-judicial killings, often in the form of deaths in police custody or staged encounters in which the police or paramilitary forces shoot and kill the suspects, increased in 1995. Most of such killings occurred in Sindh province in clashes between the gov ernment and factions of the MQM. In trying to restore order in Kara chi, the government regularly used excessive force, including tor ture and alleged encounter killings, against MQM activists. The rate of po litically motivated murders in Karachi reached an average of 10 per day in July; by year's end, over 1,800 people had been killed. Accord ing to the Karachi police, 500 police officers had been sus pended for misbehavior as of September. None was known to have been prose cuted for abuses.

"Many observers believe the government to have been responsible for the murders of Altaf Hussain's brother and nephew in retaliation for the murder of the brother of the Sindh Chief Minister.

"Both main MQM factions, the MQM/A and the Haqiqi faction, re sorted to extra-judicial killings and torture of their opponents and tar geted police and security officials. Although the MQM/A consistently claims that its activists are innocent, unarmed victims of ethnic vio lence, disinterested observers believe that cells of armed MQM/A ac tivists are responsible for a considerable amount of Karachi's violence and crime. This includes extortion of large sums of money from Mo hajir businessmen as well asothers.

"The government uses mass arrests to quell civil unrest. During at tempts to reduce crime and violence in Karachi, the MQM/A claimed that police and Rangers arrested 7,000 Mohajirs in numerous police sweeps. Many of those arrested were not suspected of committing a specific crime, and were allegedly held until family members paid po lice officers a ransom for their release."

The Human Rights Commission of Pakistan in its report on the state of human rights in 1995 noted that several hundred persons in Karachi and around 180 in Punjab were killed in the so-called police encoun ters or police custody.[9]

The Amnesty International, in its 1995 report on "Human Rights Crisis in Karachi,"[10] apportioned blame for continued violence in Karachi to both the law enforcement agencies and the armed opposition groups. It documented cases of arbitrary arrests, torture, deaths in custody, ex tra-judicial executions, "disappearances" allegedly committed by law enforcement personnel and the human rights abuses allegedly perpe trated by armed opposition groups.

However, the AI emphasized that human rights abuses perpetrated by armed opposition groups may never be used by law enforcement per sonnel as an excuse to ignore national and international human rights safeguards and to commit human rights violations themselves; to tor ture, kill or "disappear" people described by the government as "terrorists." The report criticized the government for failing to protect political activists, journalists and ordinary residents of Karachi from human rights abuses. It found that in some cases, those in authority appear to have condoned abuses by some armed opposition groups.

"Killings have been taking place due to an ongoing struggle between the two factions of the MQM and a government campaign to restore law and order implemented by the police and paramilitary Rangers. The government holds the MQM responsible for most of the human rights abuses, while the MQM has declared that the government is at tempting to crush them as an organized political force by unlawfully detaining its workers, torturing and extra-judicially killing them, forcing them to change their political allegiance and perpetrating crimes for which the MQM is held responsible.

"The government in its determination to restore law and order has called upon the police to use "ruthlessness," and they have been tempted to use harsher, and sometimes unlawful methods in dealing with armed opposition groups who have targeted law enforcement per sonnel. The slowness of judicial process has also led police officers to take law in their own hands. The government's heavy-handed searches, the harassment to which Mohajirs and MQM members are subjected, and other human rights violations, it is feared, may drive young Mohajirs to extremism. Some observers told the Amnesty Inter national that the MQM leadership may already have lost control over some of its militant youth groups.

The report also looked at complaints of torture, ill-treatment and in timidation of prisoners, and detainees in the police custody. The blind-folding of people during cordon-and-search was also reported. The detained persons are known to have included boys as young as 12 and old men. There have also been reports that torture of prisoners was carried out with intent to extract money from concerned family mem bers. "The frequency with which people believed to be MQM mem bers, or to be closely associated with MQM members are subjected to torture and extortion, suggests that the police assume that they can do so with impunity," the report concluded.

When it suited successive governments in Islamabad, the MQM was accommodated, but when Altaf Hussain was no longer required, he was unceremoniously dumped. However, all along, the MQM re mained an armed and very dangerous group: for this government to pretend that it has just discovered the true nature of this ethnic party is a bit disingenuous.[11]

During Benazir's first stint in office, on 27 May 1990, the Sindh government launched a crackdown in Hyderabad, the bastion of the MQM power. Shoot-on-sight curfew was imposed, and a police house-to-house search be gan. There were conflicting reports over what happened next but, in what became known as the Pucca Qila massacre, crowds of Mohajirs emerged from Hyerdabad fort, fronted by women and children holding the Holy Quran over their heads. The PPP claimed that behind them were snip ers who began shooting at the police, while the MQM claimed that the police, unprovoked, brutally began firing at the women. Thirty-one women and children were killed, sparking off as usual a chain reaction in Karachi. According to some reports, the final death toll was 70 in Hyderabad and more than 250 elsewhere.

Finally the army intervened, quickly restoring peace and wel comed by banners calling for martial law. Iqbal Haider, an ad viser to the Sindh Chief Minister, said that the army's interven tion caused con fusion be cause neither the federal nor the pro vincial government had called on their support. President Ghulam Ishaq Khan denounced the Pucca Qila operation and pointed out that the terrorists were present in all the parties, and should be eliminated without discrimination.

HUMAN RIGHTS SITUATION DIFFICULT

The US report described the overall human rights situation in Pakistan as "difficult" and mainly blamed the government for the failure. Mem bers of security forces committed numerous abuses in 1995. Although the government has publicly pledged to address human rights concerns, particularly those involving women, child labor, and minor ity relig ions, the overall human rights situation remains difficult.

"Police and prison officials routinely use force to elicit confessions and compel detainees to incriminate others; the practice has become a stan dard procedure. Common torture methods included: beating, burning with cigarettes, whipping the soles of the feet, sexual assault, prolonged isolation, electric shock, denial of food or sleep, handing upside down, forced spreading of the legs and public humiliation. Some magistrates and doctors helped cover up the abuse by issuing investigation and medical reports that the victims died of natural causes.

"The overall failure of successive governments to prosecute and punish the abusers, however, was the single largest obstacle to ending or even reducing the incidence of abuse. The authorities sometimes trans ferred, arrested, or suspended officers, but seldom prosecuted or pun ished them. Investigating officers generally shielded their colleagues. Persons attempting to bring charges against police officers were often threatened by other officers and dropped the charges."

In March 1995, a contingent of Rangers surrounded the City Courts in Karachi and searched the court rooms. Sixty persons were taken into custody.[12] http://ghazali.net/book3/ch7/ch7.html
THE ANTI TERRORISM COURTS

On 13 August 1997, one day before the nation celebrated 50th anniversary of its independence, the Anti-Terrorism Act was bulldozed through parliament without so much as a debate. The Act has justifiably been criticized by almost across the board, even from within the ranks of the ruling party and its coalition allies. Yet on the day that it was introduced in parliament, the ATA was endorsed within three hours. Its numerous critics maintained that the ATA turns the country into a police state and it violates the constitution. The ATA, in effect, gives the law enforcing agencies and army a license to kill as it empowers the police to kill a person on mere suspicion. It also empowers the police to search a house and arrest a person without warrant.

The judiciary also opposed the ATA and many feared that the law would be grossly abused. Punjab Chief Minister, Shahbaz Sharif, failed to convince Chief Justice Sajjad Ali Shah, on August 20, of the need to establish special courts under the ATA. The bar associations also condemned the law.

Adding to the credibility problem of the anti-terrorism law was the attitude of law minister Khalid Anwer who first surprised his colleagues by allowing the government to push through this piece of dubious legislation. Khalid Anwer then proceeded to distance himself from the ATA a few days after it was enacted. He even went so far as to declare that he would have opposed the law, had he been in the opposition. This was then followed by the claim that the law would be phased out once the situation was under control.

Six special courts started work in the Punjab province on August 25 while the special courts were established in the Sindh province on August 25. The critics fears came true when the police started sending cases to special speedy trial courts set up under the ATA. The Punjab Forensic Science Laboratory was reported under pressure from the government to issue 'positive results' about weapons used in cases being tried by the special courts set up under the ATA.

According to a reported published by Dawn Karachi on 13.2.1998 weapons used in more than 1,000 cases were sent to the Punjab Forensic Science Laboratory to ascertain whether or not they were used by the accused during the terrorist or sectarian act for which he was being tried. Interestingly, all the weapons tested positive with the experts, providing sufficient evidence for the prosecution to obtain maximum punishment for the accused. These reports formed part of the evidence against the accused and on its basis as many as 55 people have been sentenced to death, including three sectarian accused. Some 32 people have been sentenced to life imprisonment or for seven years rigorous imprisonment.

Following the establishment of anti-terrorist courts police started sending cases of sectarian and terrorist incidents to these courts for speedy adjudication. However, in a majority of cases sufficient evidence was not available to establish the guilt of the accused and the government feared that the courts might acquit them.

The officials of the Forensic Science Laboratory were reportedly directed by the government to issue 'positive results' in all cases involving sectarian incidents. After every incident police collected shells of the weapons from the scene of crime. Whenever an accused was arrested, police claimed having recovered automatic weapons from his custody. In some cases the bullet shells collected from a crime scene years ago matched with the weapons recovered from the accused on arrest. It was ironic that some officials insist on matching the shells recovered from a scene of crime in 1990 with that of a weapon recovered from the custody of the accused in 1997. [13]

The government, on Oct. 24, 1998, promulgated the Anti-Terrorism (Amendment) Ordinance with substantial changes in the controversial ATA and widened its application. Now cases of gang-rape, child molestation or robbery coupled with rape could also be tried in the ATA courts. One of the most controversial sections of the ATA, regarding confession before a police officer as valid piece of evidence was omitted totally. Under the amended ATA, the law enforcers still enjoyed the power to shoot at person or persons who have committed or are committing act of terrorism

The Supreme Court, on May 15, 1998, declared 12 provisions of the Anti-Terrorism Act (ATA) as invalid, and brought special courts on par with ordinary courts working within the existing judicial system. The court ruled that the power to law enforcement agencies to open fire on suspicion of terrorism and accepting a confession before a DSP as valid piece of evidence, were untenable and needed to be amended. The court also directed the government to make an amendment in the ATA to vest the appellate power in a high court instead of an appellate tribunal.

During the hearings of constitutional petitions, the Supreme Court, Chief Justice Ajmal Mian observed that the anti-terrorism act (ATA) had given law enforcement agencies a license to kill. He also observed that to deal with the menace of terrorism, it was not mandatory that special courts, bypassing the existing judicial system, should be set up.

The President promulgated an ordinance, on April 28, 1999, to make it possible for the Anti-Terrorist courts to function in the light of the Supreme Court decision on military courts. The ordinance called as Anti-Terrorism (Amendment) Ordinance 1999, was promulgated on the official holiday of Ashura (10th of Moharram). Three days later, the government amended the schedule of the Anti Terrorism Act, expanding its application to the 'unnatural' offences committed with a child under the age of 12 years.

The ordinance adopted the definition of terrorist act which was given in the Ordinance XII of 1998 (Establishment of Military Courts). The government also created a new offence in the form of "civil commotion" that is defined as: "Civil commotion means creation of internal disturbances in violation of law, or intended to violate law, commencement or continuation of illegal strike, go slow, lock outs, vehicle snatching or lifting, damage to or destruction of state or private property, random firing to create panic, charging bhatta, acts of criminal trespass (illegal qbza), distributing, publishing or pasting of a handbill or making graffiti or wall chalking intended to create unrest or fear or create a threat to the security of law and order or to incite the commission of an offence punishable under Chapter VI of the Pakistan Penal Code (Act XLV 1986)."

The ordinance allows more than ample scope for the government to target political dissidents in the name of combating terrorism. Opposition leaders were of the view that the new law was not aimed at crushing terrorism but political dissent. The new anti-terrorism ordinance virtually suspended civil liberties.

The ordinance violated the constitution as it was retrospectively effective from February 24, 1999. Article 12 (1-a) of the constitution says "No law shall authorize the punishment of any person for an act or omission that was not punishable by law at the time of the act or omission."

This ordinance had its roots in Martial Law Order 3 and 13, promulgated during General Zia's tenure and was now finding light again in the tenure of his political heir. However, even under the Martial Law provisions the term of strikes, lockouts, go-slow, distributing, publishing or pasting of a hand-bill or wall chalking or illegal assembly was not as severe as provided in the new section 7B of the Ordinance, with a rigorous imprisonment for a term which extended to seven years, or with fine or with both.

The ATA courts could not function for 72 days as the ordinance which was promulgated in the light of the Supreme Court in Mehram Ali case, had lapsed, and the bill which was passed by the National Assembly was pending in the Senate.

Syed Iqbal Haider of Muslim Welfare Movement (MWM), challenged the latest Anti-Terrorism Ordinance (amendment) 1999 in the Supreme Court. The petitioner contended that the first Anti-Terrorism (amendment) ordinance was promulgated by the President of Pakistan on Oct. 24, 1998, in accordance with the spirit of Mehram Ali case. The ordinance was placed before the parliament for enactment which is still pending in the Senate. However, in the meantime the ordinance lapsed. He further said that the number of sections of ATO 1999 were in-consistent with the provisions of the constitution including Article 5, 8, 9, 12, 14, 17, 25, 189 and 190 of the constitution.

MILITARY COURTS

A nine-member bench of the Supreme Court, on Feb. 17, 1999, unanimously declared the setting up of military courts for the trial of civilians as unconstitutional and without lawful authority. The apex court, however, provided a mechanism for speedy trial of the cases relating to "terrorism". It set aside all the convictions of the military courts which had not been executed. It held that all the cases in which sentence had been awarded but no execution had taken place should be transferred to the anti-terrorist courts already in existence or which might be created in terms of the guidelines provided by the bench.

The court clarified that its decisions would not affect the sentences and punishment already awarded and executed by the military courts, and the cases would be treated as past and closed transactions.

The apex court said that an Anti-Terrorist special court should pronounce judgment within seven days, as already provided in Anti-Terrorist Act. [Military courts were also required to dispose of cases within seven days.] The appeal arising out of an order/judgment of the special court should be decided by the appellate forum within seven days from the filing of such appeal. Under the amended ATA, an appeal is provided in a high court and subsequently, in the Supreme Court.

The petitions challenging the establishment of military courts were filed by the MQM through its deputy convener Senator Aftab Sheikh, MQM parliamentary leader in National Assembly, Sheikh Liaqat Ali, PPP leader from Sindh, Nisar Khoro, Muslim Welfare Movement's Syed Iqbal Haider and Shahid Orakzai.

During the hearing, Chief Justice Ajmal Mian observed that the army could be asked to assist the civil power under Article 245 of the constitution but could not be given judicial powers. He also observed that the hanging of even 200 people through military courts would not yield the desired results, and the Karachi problem might aggravate.

NAWAZ SHARIF'S OPERATION IN SINDH

On October 28, 1998, it suddenly dawned upon Mian Nawaz Sharif that his erstwhile partners in power were terrorists. At his press conference, he directly accused the MQM of involvement in the assassination of Hakeem Saeed. He even named certain people, among them that of a sitting MPA. It was unprecedented by any account. Nobody holding the post of Prime Minister had ever made such a flagrant indictment of a political party during the 50 years' history of Pakistan. Two days after the Prime Minister's public indictment, governor's rule was imposed in Sindh, but the assembly was neither dissolved nor suspended. [14]

The Sindh government was dismissed only because the MQM had distanced itself from the coalition. There was a genuine belief that the PPP could form the government in Sindh. Only this fear motivated the dismissal of the coalition government of which the PML was not the dominant partner. Muslim League depended on this party far more for ruling in Sindh than it did on ANP for staying in power in NWFP. The League's political presence in Sindh, let alone its ability to form a government there and keep the PPP out, would have been close to zilch but for the party's urban solid strength. Granted this wholly unmerited pre-eminence in the province, the Prime Minister was ready to give whatever the other asked for in return. Thus, for instance, after his meeting with Altaf Hussain in London in February 1998, the MP's spokesman Chaudhry Nisar Ali came out and announced in absolute terms that a complete identity of views and consensus was found in all the matters raised and discussed.. [15]

What all those matters were needed no guesswork: Altaf Hussain had been talking of them all the time. They included withdrawal of all cases registered against him and other MQM leaders and workers; freedom for all his party men in jail, including release on parole of those who were under trial for serious offences and speedy conclusion of their cases; compensation to those or the families of those who had suffered under the army operation and afterwards; and end to the so-called no-go areas held by MQM's break-away faction called the Haqiqis. [16]

The Prime Minister started delivering on each of these promises. But there apparently came a point were others in the establishment put their foot down. The message was that those with several murder cases against their name could not be freed even on parole and secondly, the Haqiqis had to survive even if they had demonstrated no popular support they could not be allowed to be overwhelmed by the main party. A sort of cold war then ensued between the coalition partners and as MQM's own men began increasingly to fall in the periodic terrorist mayhem the relations turned abrasively chilly with each such episode. MQM also around this time decided that its political support should not always be taken for granted. It made strong reservations on the population census, it boycotted the parliamentary vote on the declaration of the state of emergency following the nuclear tests, and perhaps, most annoyingly of all, it refused to back Mian Nawaz Sharif's 15th Constitutional Amendment. [17]

Hakeem Saeed's murder on Oct. 17, 1998 proved to be an opportunity for Mian Nawaz Sharif, on the one hand, to pacify growing resentment in certain sections within his party over what they thought was his bending over backwards to appease and pamper the MQM, and on the other hand, to control Sindh directly without any shaky intermediaries and with an iron fist. [18]

After a couple of weeks later, the armed forces were given powers under section 245 of the Constitution with the avowed objective of weeding out terrorism and restoring law and order in a city that had defied all previous attempts at doing so. The forces were supposed to set up military courts soon afterwards, but the GHQ took up to December 7 to do so. The initial plan had given just three days to decide a case, but the military authorities apparently felt the period was too short. Military courts had sentenced seven people to death within a couple of weeks, among them a thirteen-year-old boy. Hundreds of other political workers, supporters and even common men were arrested. Nearly all of them belong to Muttahida, two of whose top leaders, Shoaib Bukhari and Wakil Jamali, were among the first to be picked up, beaten up and interrogated in an unbelievable number of cases. Mr. Bokhari alone faces around 150 cases on an assortment of charges. [19]

One of the prime suspects arrested in connection with the Hakeem Saeed murder case in the first round, Fasih Ahmad alias Fasih Jugnu, died in CIA custody apparently from police brutality, on Oct. 23, 1998. He was in his mid-20s and was believed to have been taken into custody at least two days before the CIA confirmed the arrest. The police claimed that Jugnu had died of poison he had taken while in custody. However, the medico-legal report identified as many as 27 injury marks on various parts of his body.A month later, 35-year old Mubashir died in police custody. He too had been arrested in connection with the Hakeem Saeed murder case. The police claimed that Mubashir had died of heart failure. [20]

After the army stepped in, there was an initial ebbing of the most common of the crimes that has plagued Karachi and other cities of Sindh for years -- extortion of bhatta by the so-called activists of political parties. But the menace soon reappeared in the form of roadside loot by the police and rangers. [21]

Prime Minister Nawaz Sharif had accused an MPA and seven other activists of his coalition partners, MQM, of being involved in the murder of Hakeem Saeed, and gave them three days to hand over the accused, failing which there would be a parting of ways. He told a news conference in Karachi, that he had "credible and incontrovertible evidence based on the statements of Aamirullah and others. However, onNov. 4, the Advocate General, M. Iqbal Raad, told the Sindh High Court that Sheikh Mohammad Aamirullah, accused in the murder of Hakeem Mohammad Saeed, has not so far given his confessional statement which is required to be given before a magistrate under Section 164 CrPC. He added that the accused has only confessed to having had a part in the murder before the police and notables. Qazi Khalid, a former minister, told the court that there were contradictory versions of Aamirullah's "confessional statement" given by the Prime Minister and the advocate general. He said the Prime Minister had been on record as having told a countrywide audience that Aamirullah had confessed to murdering Hakeem Saeed. He then observed that the prime minister has misled the nation on the television network by claiming that Aamirullah had confessed to the whole thing, thus maligning the MQM in the eyes of the public throughout the country through print and electronic media. http://ghazali.net/book3/ch7/ch7p2/ch7p2.html

EXTRA-JUDICIAL KILLINGS

The extra-judicial killing of alleged outlaws continued throughout 1998. In all, 566 persons were recorded killed in police encounters, including 395 in Punjab . On average, one person being killed every fourth day in Punjab.

The Sindh government conceded on March 9, 1999, that at least two incidents of extra-judicial killings had taken place in Karachi since the imposition of governor's rule. The Home Department said that it has been established in two of the three judicial inquiry reports that the police had resorted to extra-judicial killings and in those cases two people had been killed in cold blood. The inquiry report in which police was found as murders pertained to Israr, who was shown by the Korangi police as killed in an encounter and to Abdul Salam, who was killed by four persons, including a policeman.

Relatives of those killed in police custody since the imposition of governor's rule in Sindh on March 17, 1999 accused the government of not doing justice by not apprehending those who had been nominated for the alleged excesses. Some of them had no connection with the MQM. They alleged that the police were behaving like bandits who kidnapped people and killed them, after subjecting them to severe torture, when their demand was not met. Narrating the ordeal of his son's arrest by the SHO Liaquatabad on 23rd Ramazan, Sabih Ahmad alleged that when he went to the police station he was asked to pay Rs. 100,000 for Arman's freedom. When he explained his inability to do so because he was a poor man, the policemen told him that in case of failure to meet their demand, he would get his son's dead body. The next day when Arman was produced in the court he could not sit and complained of severe torture by the police. Later, police abandoned Arman in Abbasi Shaeed hospital after the police obtained his signature on a blank paper. Arman succumbed to the injuries caused by police. [22]

]In a police custody murder case, Justice Iftikhar Ahmed Chaudry of Lahore High Court observed : It is painful to note that in a case like the instant one where a police officer is alleged to have killed an innocent man in extra-judicial manner, it is almost impossible for the higher police officers to record an adverse finding against their subordinates. It was absolutely unthinkable that police would submit a challan under Section 302 (culpable homicide or Qtal-i-Amad) of the Pakistan Penal Code against an SHO. It is a tendency and common habit with higher police officers to protect their thanedars (SHOs) and constables imprudently. This practice is highly deplorable and deserves the severest condemnation. [23]

JUDGES MISHANDLED

Police high handedness against ordinary citizens is very common, often without any recourse to justice. The government's use of police for silencing political opponents has so embolden the police that it feels free to manhandle judges.

Two civil judges were manhandled by the Vehari (Punjab) police when they visited the police station to check irregularities and misuse of powers. There had been reports of the illegal detention of some people at the police station and the judges asked for the reasons for their detention and wanted to examine the daily register. The SHO responded by resorting to violence. [24]

Former Chief Justice Supreme Court of Pakistan, Syed Sajjad Ali Shah narrating details as to how Mian Nawaz Sharif and PML - N had attacked the Supreme Court of Pakistan in 1997.

Nawaz Sharif (PML - N) Attacked Supreme Court 1



Nawaz Sharif (PML - N) Attacked Supreme Court 2



Nawaz Sharif (PML - N) Attacked Supreme Court 3



Nawaz Sharif (PML - N) Attacked Supreme Court 4



Nawaz Sharif (PML - N) Attacked Supreme Court 5


The Sargodha police took a special court judge, Javed Iqbal, hostage in the district jail after he convicted three police officials and magistrate of "faulty investigations" in the murder case of a former commissioner, Tajammul Abbas. When the judge asked the jail administration to handcuff the four, police personnel present in and outside the jail warned him that they would not let the judge leave the premises if anybody tried to arrest the officials. They snatched keys from the driver of the judge's car and parked official vehicles on the main gate. The siege was lifted after the four officials safely left the jail. On Jan. 28, the Lahore Court suspended the judgment of the Sargodha Special judge and released on bail the police officials and magistrate concerned. [25]

NAWAZ SHARIF'S CAMPAIGN AGAINST THE PRESS

A number of incidents during 1998-99 indicated a pattern of harassment and intimidation of individual journalists as the government was increasingly becoming intolerant. Imtiaz Alam, a Lahore-based journalist, complains of threat over the telephone and then of his car being set on fire in a mysterious manner the other day. Another Lahore journalist, Mahmud Lodhi, is picked up and held in illegal custody for two days. He was questioned about his involvement with a BBC team filming a documentary on the rise and wealth of the Sharif family. Hussain Haqqani is picked up in a cloak-and-dagger fashion and interrogated at a FIA Center in connection with charges vaguely to do with money embezzlement while he held government office.

The residence of Idrees Bakhtiar, a senior staff reporter of Herald monthly and BBC correspondent in Karachi was raided by CIA police on Nov. 26,1998. The police harassed the family and also arrested his 28-year old son, Moonis, who was later released. On Feb. 13, 1999, three persons, including Senator Abul Hayee Baloch and a lady worker from Lahore, were injured when the police baton-charged, used water cannons and threw bricks on a peaceful procession of the Pakistan Awami Ittehad in front of the parliament house in Islamabad. The march, organized by the PAI for the freedom of the press, was led by PAI president Nawabzada Nasrullah Khan, opposition leader Benazir Bhutto and secretary general of the alliance Hamid Nasir Chatta, besides a number of sitting and former PPP MNAs and senators.

The owner of the Frontier Post, Rehmat Shah Afridi, was arrested in Lahore on April 2, 1999, by the army-run Anti-narcotics Force on charge of possessing 20 Kgs of charas and three guns. The Peshawar-based Frontier Post was critical of government policies, particularly the paper opposed the construction of the Kalabagh Dam. Afridi's arrest was seen by the journalists and others another official attempt to gag the Press.

On May 8, 1999, several dozen officials of ISI stormed into the house of Najam Sethi, Editor of The Friday Times, Lahore and dragged him out of his room. Before leaving the house with Mr. Sethi, they tied his wife Jugnoo's hands with a rope and locked her up in a dressing room. Later the federal government confirming the arrest said that Mr. Sethi had been taken into custody for interrogation by ISI for his alleged connection with he Indian intelligence agency, RAW (Research and Analysis Wing).

The Lahore High Court, on May12, declined to assume jurisdiction in the Najm Sethi case saying he was being detained by a military agency (ISI) and the offence he was suspected of and was being investigated for fell within the purview of the Army Act, 1952. Consequently, all three petitions filed by Sethi's sife, Jugnoo Mohsin, for his recovery and production and miscellaneous reliefs like medical examination and registration of a case of kidnapping with intent to torture and kill against two uniformed policemen and eight plainclothes personnel were dismissed in 'limeline' as not maintainable. The Deputy Attorney General told the court that Sethi "is presently in the custody of Inter Service Intelligence (ISI) authorities for his suspected links with hostile intelligence agencies." The suspected offence falls within the mischief of Section 123-A of the PPC (sedition) and finds mention in the Army Act schedule. Advocate for Sethi, submitted that the ISI does not function under the Army Act and can be headed by a retired officer and that the ISI reported to the prime minister and not to the army. One day later, the government agencies seize all copies of The Friday Times in Lahore. The Web site of The Friday Times was hacked and the pages and contents were erased.

The Attorney General Chaudhry Farooq on June 2, 1999 told the Supreme Court that the government had decided to set free Najm Sethi. In a short statement on behalf of the state, the AG said that Najam Aziz Sethi, who was detained in the case initially by ISI and was later taken into custody by the police as a result of an order obtained from the Special Court on June 1, in connection with the FIR registered with Kohsar police station, Islamabad, had been set free. [On May 31, the Supreme Court was informed that a case had been registered against Mr. Sethi in Islamabad for his alleged anti-state activities on the complaint of a ruling party MNA, Inamullah Niazi.] The AG further said that the government reserved its right to initiate proceedings afresh. However, Justice Mamoon Kazi, a member of the three-man bench which disposed Mr. Sethi's bail application, told the government that Mr. Sethi should not be arrested in future with permission of the court.

ATTACK ON JANG

The government of Nawaz Sharif started a campaign against the Jang group in July 1998 when it refused to sack a number of journalists critical of the government policies. First, the government objected to the Jang group newspapers' reporting about the law and order situation in the country and put a ban on its advertisement for the Jang group. On Aug. 13, a report was published about non-payment of Rs. 700 million to farmers by the sugar mills owned by the Nawaz Sharif family. Three days later, the government sent notices to Jang for non payment of taxes and the case was shifted to the Ehtesab cell. On Sept. 27, 1998, the government asked the Jang group not to publish a report of The Observer London that said that PM Nawaz Sharif has siphoned off millions. The report was not published by the Jang but it was published by its sister English newspaper The News. On Nov. 5, bank accounts of the Jang group were frozen and FIA raided the Jang and the News offices in Rawalpindi and customs authorities stop delivery of newsprint to the Jang.

On Dec. 17, Sentaor Saifur Rehman said that another case is being prepared against the Jang group. On Jan 27, 1999, FIA encircles the Jang group office in Lahore and Karachi. And on Jan 28 1999, a sedition case was registered against Mir Sahkilur Rehman for publishing an advertisement of Muttahida's Khidmat-e-Khalq Foundation on January 1, which according to the police, was aimed at inciting people against the state. Offices of the Jang group in several cities were surrounded by security and taxation people; its godowns were sealed and newsprint was not allowed to be delivered for its paper.

Mir Shakil-ur Rehman revealed that Senator Saifur Rehman asked him to sack a number of Jang employees who should be replaced in consultation with the government. He released to the press audio-tapes of conversation with Senator Seifur Rehman on this

Senator Saifur Rehman, addressing a press conference in Islamabad on 25th Jan. 1999 acknowledged that he had asked the Jang group to "avoid sensationalism and concentrate on objective reporting. He said the government has asked the Jang group for support on the 15th amendment because it wanted enforcement of the Islamic order according to the aspirations of the people. The Senator said he was asked to extend support to the government in what he called strengthening of democratic institutions. He particularly referred to the tragic incidents in Karachi and imposition of governor's rule in Sindh. He also said: Mir Shakilur Rehman evaded tax and customs duty to the tune of Rs. 2.6 billion during the last two years. [26]

The New York-based Committee to Protect Journalists, a press freedom organization, said on June 1, 1999 that it was conducting an investigation into a "hit list" prepared by the Pakistan government that contains 35 prominent journalists of Pakistan. According to reports received by the CPJ, the federal government had decided to establish a special media cell comprising officials from the police, Intelligence Bureau and the Federal Investigation Agency to punish the journalists who have been writing against the government. Ehtesab Bureau Chairman, Senator Saifur Rehman Khan would head this cell which would function simultaneously at Lahore, Islamabad, Karachi and Peshawar with its head office in Islamabad.

According to the CPJ, the names were: Irshad Ahmed Haqqani, Rehmat Ali Razi, Anjum Rasheed, Suhail Warraich, Sohaib Marghoob and Roman Ehsan, (Jang Lahore), M. Ziauddin and Ansar Abbasi (Dawn Islamabad), Dr. Maleeha Lodhi, Javed Jaidi, Nusrat Javed and Mariana Babar (The News, Islamabad), Rehana Hakeem and Zahid Hussain (Newsline), Ejaz Haider, Khalid Ahmed, Jugnu Mohsin and Adnan Adil (The Friday Times, Lahore), Mahmood Sham (Jang, Karachi), Rashed Rehman (The Nation, Lahore), Amir Ahmed Khan (Herald, Karachi), Imtiaz Aalam, Beena Sarwar, Shafiq Awan, Kamila Hyat and Amir Mir (The News Lahore), Abbas Athar (Nawa-e-Waqt, Lahore), Kamran Khan and Shehzad Amjad (The News Karachi), Azam Khalil (Pulse), Mohammad Malik (Tribune), Imtiaz Ahmed (The Frontier Post, peshawar), Ilyas Chaudhry (Jang Rawalpindi), Naveed Meraj (The Frontier Post Islamabad) and Syed Talat Hussain (The Nation, Islamabad).

Commenting on the Nawaz Sharif government campaign against the press, the US Human Rights report for 1998 said: Although the press largely publishes freely, the government uses its large advertising budget to influence content, journalists practice self-censorship, and the broadcast media remains closely controlled by government monopoly.

Favorable press coverage of the prime minister's family compound/hospital/college south of Lahore was widely understood to have been obtained for a price. Rumors of intimidation, heavy-handed surveillance, and even legal action to quiet the unduly curious or non-deferential reporter are common.

The government has considerable leverage over the press through its substantial budget for advertising and public interest campaigns, its control over newsprint, and its ability to enforce regulations.

The country's leading Urdu daily, Jang, and the English-language daily News, both owned by Shakilur Rehman, were cut off for a time from critical government advertising revenue after publishing articles unflattering to the government. The Jang group also was served with approximately $13 million in tax notices, harassed by government inspectors, and pressured not to publish articles. There is credible evidence that Senator Saifur Rehman, a close associate and head of the Accountability Bureau, demanded a number of journalists and editors be fired. Jang also reportedly had difficulty in obtaining sufficient newsprint to publish.

Rehana Hakim, editor of the English-language monthly Newsline also has complained that her publication, which is highly critical of the government does not receive government advertising revenue, has been raided and harassed by tax inspectors and security agents. The editors of the weekly The Friday Times have alleged government harassment of their staff as well. On March 19, Public of Karachi, a local Urdu-language daily, was banned by the local magistrate and ceased publication on March 20. [27] http://ghazali.net/book3/ch7/ch7p3/ch7p3.html

REFERENCES

1. The US Human Rights Report for 1995

2. I. A. Rehman, A body-blow to justice - Dawn 19-4-1995

3. Munib Akhtar, New Black Law, Dawn 19-4-1995

4. Ardshir Cowasjee, State Terrorism-II, Dawn 2-2-1996

5. Ibid.

6. Dawn 27-6-1995

7. Reuters news agency report, 27-6-1995

8. M.B. Naqvi, Impervious to challenges, Dawn 16-1-1995

9. Dawn 2-3-1996

10. Dawn 12.3.1996

11. Mazdak, The State Under Siege, Dawn 15-7-1995

12. Dawn 6.3.1996

13.Dawn 13.2.1998

14. Saleem Asemi, Theatre of the absurd, Dawn 1-1-1999

15. Aziz Siddiqi, Mashroom and the Meltdown, 1998 Overview, Dawn 1-1-1999

16. Ibid.

17. Ibid.

18. Saleem Asemi, Op. Cite

19. Ibid.

20. Ibid.

21. Ibid.

22. Dawn 9-3-1999

23. Dawn 23-10-1998

24. Dawn 19-3-1998

25. Dawn 23-1-1998

26. Dawn 26-1-1999

27. Dawn 27-2-1999

"UNQUOTE"