
NRO maker should also be penalised: Justice Raza - ISLAMABAD: Supreme Court Justice Sardar Muhammad Raza Khan on Wednesday added his note to the detailed judgment on the National Reconciliation Ordinance (NRO). The detailed verdict was announced on Tuesday, which was authored by Chief Justice Iftikhar Muhammad Chaudhry and contained two additional notes of Justice Chaudhry Ejaz Ahmed and Justice Jawad S Khawja, while the third note was added on Wednesday. Justice Sardar Muhammad Raza Khan, in his four-page note, said the maker of the ordinance should also be brought to accountability. “What about the beneficiary who clearly confessed through the ordinance that many accountability cases were politically motivated, politically indicted, and politically prolonged, obviously as a sword of Damocles?” he raised a question. THE NEWS - Justice Sardar Muhammad Raza Khan who was a member of the 17-judge Supreme Court bench which declared the National Reconciliation Ordinance (NRO) unconstitutional has stressed the need of also punishing the maker of the ordinance for perpetuating corruption and violating the Constitution. “The maker (former president Pervez Musharraf) of the ordinance should also be brought to accountability for perpetuating corruption and for violating the Constitution,” the judge suggested in his additional note that to many appeared to be a dissenting note. “No doubt,” observed Justice Raza in his note which was released on Wednesday, “such beneficiary was not a party to the present petitions but so were the other beneficiaries taken care of in our judgment. “Moreover, this court has, on many occasions, given verdict against persons not party to the proceedings (referring to last year’s July 31 judgment under which several superior court judges who took oath under the PCO but were not party to the petition were fired). All beneficiaries of the NRO, are to be dealt with equally, equitably and without discrimination. If one is proceeded against, the other must also be,” the note emphasised.
REFERENCES: NRO maker should also be penalised: Justice Raza Thursday, January 21, 2010 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=26791&Cat=13&dt=1/21/2010 http://www.jang.com.pk/jang/jan2010-daily/21-01-2010/main.htm Justice Raza stresses need for punishing NRO author By Nasir Iqbal Thursday, 21 Jan, 2010 http://archives.dawn.com/archives/44563
A quick look at the list reveals that majority of the judges got residential plots in Islamabad when they were serving in the high courts. JUDGES: Following are Supreme Court judges who got plots: Justice (retd) Mir Hazar Khan Khoso, Justice (retd) Manzoor Hussain Sial, Justice Saad Saud Jan, Justice Fazal Elahi Khan, Justice Abdul Hafeez Memon, Justice Mukhtar Ahmed Junejo, Justice Raja Afrasiab Khan, Justice Moahmmad Bashir Jahangiri, Justice Saeeduzzam Siddiqi. Besides, the following judges of the four provincial high courts also got plots.

Justice Dilawar Mahmood (Ministry of Labour), Justice Abdul Karim Khan Kundi (PHC), Justice Mian Ghulam Ahmed (LHC), Justice Agha Saifuddin Khan (SHC), Justice Kazi Hameeduin (PHC), Justice Arif Iqbal Bhatti (LHC), Justice Syed Ibne Ali (PHC), Justice Mohammad Aqil Mirza (LHC), Justice Sheikh Mohammad Zuabir (LHC), Justice Abdul Hafeez Cheema (LHC), Justice Sharif Hussain Bokhari (LHC), Justice Abdul Rehman Khan (LHC), Justice Mohammad Islam Bhatti (LHC), Justice Kamal Mansoor Alam (SHC), Justice Sajjad Ahmed Sipra (LHC), Justice Mahboob Ali Khan (PHC), Justice Ali Mohammad Baloch (SHC), Justice Qazi Mohammad Farooq (PHC), Justice (R) Mohamamd Nasim (LHC), Justice Munir A Sheikh (LHC), Justice Fida Mohammad Khan (Federal Sharaiat Court), Justice Tanveer Ahmed Khan (LHC), Justice Amir Alim Khan (LHC), Justice Ehsanul Haq Ch (LHC), Justice Nazim Hussain Siddiqi (LHC), Justice Mian Nazir Akthar (LHC), Justice Ahmed Ali Mirza (SHC), Justice Raja Mohammad Sabir (LHC), Justice Karamat Nazir Bhandari (LHC), Justice Rashid Aziz Khan (LHC), Justice Munwar Ahmed Mirza (BHC), Justice Bhagwandas (SHC), Justice Mohammad Nawaz Marri (BHC), Justice Nawaz Khan Gandapur (PHC), Justice Nawaz Abbasi (LHC), Justice Falaksher (LHC), Justice Abdul Hameed Dogar (SHC), Justice Khailur Rehman Ramday, Justice Malik Qayyum (LHC), Justice Sardar Mohammad Raza (PHC), Justice Amir Mulk Mengal (BHC), Justice Chaudhry Iftikhar Hussain (LHC), Justice Mohammad Khursheed Khan (Chief Court Northern Areas) and Justice Mohammad Khial (Ombudsman office) also got plots in the federal capital.

JOURNALISTS: Sohail Ilyas, Mujeebur Rehman Shami, Abdul Ghani Ch, Zia Shahid, Rukhsana Saulat Saleem, Mohammad Anwar Khalil, Abdul Wadood Qureshi, Mian Ghaffar Ahmed, Rana Tahir Mahmood, Malik Abdul Rehman Hur, Nadeem Fazil Khan, Hamad Raza Shami, Farooq Ahmed, Rana Assar Ali Chohan, Azeem Chaudhry, Aslam Khan, Mohammad Naeem Chaudhry, Mohammad Aniq Zafar, Abdul Saeed Khan Qamar, Mohammad Dilshaad Khan, Naveed Miraj, Tahir Masood Ikram, Sultan Mohammad Sabir, Saghir Khalid, Mazhar Barlas, Maqbool Elahi Malik, Mohammad Arshad Yousuf, Javed Iqbal Qureshi, Haroon Rashid, Malik Shakeelur Rehman Hur, Wajid Rasool, Ashfaq Ahmed, Mohammad Zahid Jhangvi, Tahir Khalil, Khalid Azeem Ch, Mian Khursheeduzaman, Abdul Mohi Shah, Hilal Ahmed, Khalid Sial, Amir Iyas Rana, Zamir Hussain Shah, Aziz Ahmed Alvi, Ahmed Hussain, Rafaqat Ali, Syed Najamul Islam Rizvi, Mohsin Raza Khan, Irfan Ahmed Qureshi, Syed Ibrar Hussain Shah Kunwal, Nasir Aslam Raja, Mohammad Arshad, Ch Iylas Mohammad, Ghazanfar Ali Zaidi, Fazeela Gul, Iftikar Shakeel, Syed Ejaz Shah, Mohammad Ayub Nasir, Mohammad Saleem and Tariq Aziz.
REFERENCES: New list of plot beneficiaries presented in Senate Saturday, January 16, 2010 By our correspondent http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=219055&Cat=2&dt=1/16/2010 Journalist and Plots, read page 4 of Daily Jang Friday, January 15, 2010, Muharram 28, 1431 A.H http://www.jang.com.pk/jang/jan2010-daily/15-01-2010/main4.htm The News Senate gets list of judges, bureaucrats who got two plots each Friday, January 15, 2010 By Rauf Klasra http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=218849&Cat=2&dt=1/15/2010

ISLAMABAD: There were at least a dozen principal players, who had roles in clinching the National Reconciliation Ordinance (NRO) that was issued hours before the 2007 presidential polls in which Pervez Musharraf was re-elected. Apart from the then desperate and cornered Musharraf, Lt-Gen (retd) Hamid Javed, Tariq Aziz, Farooq H Naek, Makhdoom Amin Fahim, Rehman Malik, Safdar Abbasi, the then Inter Services Intelligence (ISI) chief Lt-Gen Ashfaq Parvez Kayani, Chaudhry Shujaat Hussain and Chaudhry Pervaiz Elahi played varying roles, an aide of the then president told The News on condition of anonymity. He said that these actors gave their inputs at different stages in the process of finalising the NRO. The controversial NRO is now before parliament for a final decision about its fate. Petitions are also pending in the Supreme Court. As the story narrated by the former Musharraf aide, who opted to be in the background since his ouster, the substantive talks about quashing corruption and criminal cases against Benazir Bhutto, Asif Ali Zardari and a multitude of others were held when Musharraf met the Pakistan Peopleís Party (PPP) chairperson for the first time in Abu Dhabi in July 2007. The meeting followed a hectic campaign by senior American and British officials to bring about a rapprochement between Musharraf and Benazir Bhutto and intense talks between Hamid Javed with Benazir Bhutto and her confidants in London. As Musharraf sought PPPís support in his October 2007 re-election, Benazir Bhutto expressed willingness, by boycotting the polls, but demanded two things in exchange ñ undoing of the embargo on her to serve as prime minister for the third term and all corruption and criminal cases registered in Pakistan and abroad against her, Zardari and others.
REFERENCE: The many other players of NRO saga Thursday, October 22, 2009 By Tariq Butt http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=204448&Cat=2&dt=10/22/2009
“QUOTE”
Musharraf recalls in his memoir, “In the Line of Fire.” Within months Kiyani had unraveled the two plots and arrested most of the participants. He was rewarded in 2004 with a promotion to chief of ISI, and the next year his agency scored big with the arrest of Abu Faraj al-Libbi, the senior Qaeda lieutenant who masterminded the attempts on Musharraf’s life. A former U.S. intelligence official who dealt personally with Kiyani says the ISI “took a lot of bad guys down” under his leadership. Kiyani has earned his boss’s confidence, even serving as Musharraf’s personal envoy in recent talks with exiled opposition leader Benazir Bhutto.
REFERENCE: The Next Musharraf – A Westernized, chain-smoking spy could soon become the most powerful man in Pakistan. By Ron Moreau and Zahid Hussain NEWSWEEK From the magazine issue dated Oct 8, 2007 http://www.newsweek.com/id/41883 http://www.thedailybeast.com/newsweek/2007/10/01/the-next-musharraf.html
“UNQUOTE”
A good advice for all and sundry is conveyed in an Editorial of Daily Dawn Dated 08-Mar-2008.
“Quote”
Chief of the Army Staff General Ashfaq Parvez Kayani announced on Thursday his institution’s complete support for the elected government and the democratic process. However, he called for avoiding schism between various pillars of the state and dispelled a perception that the army was distancing itself from the president. Alluding to a perception about ‘the army distancing itself from the president’, he stressed the importance of the constitutional relationship between the army and the National Command Structure. Highlighting the need for understanding, he pointed out that any kind of schism, at any level, under the circumstances would not be in the larger interest of the nation.”
REFERENCE: ‘Army not distancing itself from president’: Gen Kayani announces support for elected govt By Iftikhar A. Khan March 07, 2008 Friday Safar 28, 1429 http://www.dawn.com/2008/03/07/top2.htm

THERE is something unmistakably oxymoronic about the statement issued by the Inter-Services Public Relations directorate after the corps commanders meeting at the GHQ on Thursday. If you read the subtext, it means that though the army will support the next democratic government, the latter should not let “schisms” develop in the working of the political system; though the army will keep its distance from politics, the impression that it has distanced itself from the president is wrong; and, finally, the army should not be “dragged” into politics and be allowed to concentrate on its professional duties. There can be no two opinions on the last-mentioned wish attributed to Chief of the Army Staff Gen Ashfaq Parvez Kayani. However, the ISPR does not tell us who or what prompted this reaction from Gen Kayani. If the army wishes to stay out of politics then why come out with an opinion on matters purely political and constitutionally beyond the pale for generals? Pray, who is stopping the armed forces from going back to their professional duties, from returning to the barracks? Pakistan has had eight years during which the military’s running of affairs well outside its designated area of responsibility has wreaked havoc on the country. One man who led the military and the country called all the shots. Pakistan slipped deeper and deeper into anarchy, with even the economic windfall from Islamabad’s readiness to join the US-led war on terror failing to brake this slide. Little wonder then that all state institutions, including the army, received a pat on the back for organising a by and large fair (on the day at least) election on Feb 18. A tense, tentative nation heaved a sigh of relief for the result was not disputed and the country spared the turmoil which could have imperilled its very existence. The nation has spoken. Let its voice be heard. If the elected parliament wants to undo the tampering the constitution was subjected to by the former chief of army staff so be it. It is time the generals sought a complete break from the divisive role their erstwhile army chief ended up playing. It should resolutely resist being “dragged” into politics. It should be left to the parliament to sort out any “schisms” that may develop. The army should help the civilian government tackle the daunting challenges posed by the scourge of religious extremism and terrorism. One would caution General Kayani against opting for any role for himself other than that of the army chief. His is a full-time job and so much needs to be done to restore the fighting edge to the military and the morale of the soldiers. Known as a ‘thinking’ man, one hopes that he’ll not be tempted by talk of power troikas for the consequences of choosing such a path are disastrous.
REFERENCE: Reading the subtext March 08, 2008 Saturday Safar 29, 1429http://archives.dawn.com/2008/03/08/ed.htm#1
“QUOTE”
How is it that those behind the deal-making based on this unconstitutional and illegal ordinance were not named and shamed/charged outright? Indeed, as reported widely at the time, the present chief of army staff was the DG ISI when the final draft of the NRO was being presented to Benazir in Dubai and was part of Musharraf’s team sent to convince her.
REFERENCE: Let us be grateful for small mercies By Kamran Shafi Tuesday, 22 Dec, 2009 http://archives.dawn.com/archives/18923
Read ANOTHER ROCKET.
Interestingly, General Kayani was the only senior officer present with President Pervez Musharraf when he had the historic meeting with Benazir Bhutto at the Musharraf palace in the suburbs of Abu Dhabi in July this year. Then he was the director general inter-services intelligence (ISI). General Kayani also took part in the interactions and deliberations with different political leaders, including Benazir Bhutto, for quite sometime till his promotion as the four-star general. The meeting at the Presidency was also attended by the prime intelligence agencies and other heads of the law-enforcement agencies. The initial report that was submitted to the high-level meeting disclosed that Benazir Bhutto was hit by the ball bearings of the suicide bomber’s jacket that hit and cut her jugular vain.
REFERENCE: It was not a bullet, president told at high-level meeting Friday, December 28, 2007 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=11928&Cat=13&dt=12/28/2007
Here’s what I wrote two years ago: “By now, the dynamics set in place by America seem immutable: what Washingtonwants, it gets. Never mind about the people of Pakistan and what they wanted. Benazir Bhutto made Washington her second home this summer. And it paid off. The State Department turned a brokerage house facilitating political deals between Bhutto and the Pakistan Army led by General Musharraf’s heir-in-chief, General Kayani. The broker, that is America, stands to reap huge dividends… Secretary of State Rice admitted that America was pressing General Musharraf “very hard” to allow for free and fair elections. When asked if Benazir Bhutto had a role in the future political setup, she answered, “Well, I don’t see why not”. When asked how the corruption cases against Benazir Bhutto would play into the new equation, Condi Rice deflected it by going off on a tangent: “There needs to be a contested parliamentary system, but whether or not she is able to overcome that and whether Pakistanis are willing to allow that is really up to them.” The reason for her gobbledygook response is now as clear as the blue sky. Washington was working around the clock to get Musharraf to pass an ordinance providing amnesty to Bhutto for her alleged corruption. And Ms Rice was the one pushing the general to go for it.”
REFERENCE: Last tango in Washington — II Wednesday, October 28, 2009 Anjum Niaz http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=205482&Cat=9&dt=10/28/2009 Pakistan’s cadre of elite generals, called the corps commanders, have long been kingmakers inside the country. At the top of that cadre is Gen. Ashfaq Parvez Kayani, General Musharrafís designated successor as Army chief. General Kayani is a moderate, pro-American infantry commander who is widely seen as commanding respect within the Army and, within Western circles, as a potential alternative to General Musharraf. General Kayani and other military leaders are widely believed to be eager to pull the Army out of politics and focus its attention purely on securing the country.
REFERENCE: If Musharraf falls… Friday, November 16, 2007 US making contingency plans http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=11176&Cat=13&dt=11/16/2007
A former U.S. intelligence official who dealt personally with Kiyani says the ISI “took a lot of bad guys down” under his leadership. Kiyani has earned his boss’s confidence, even serving as Musharraf’s personal envoy in recent talks with exiled opposition leader Benazir Bhutto.
REFERENCE: The Next Musharraf A Westernized, chain-smoking spy could soon become the most powerful man in Pakistan. By Ron Moreau and Zahid Hussain NEWSWEEK From the magazine issue dated Oct 8, 2007 http://www.newsweek.com/id/41883 http://www.thedailybeast.com/newsweek/2007/10/01/the-next-musharraf.html
"UNQUOTE"
Some Dark Pages from the Recent History of Pakistan and these pages were drowned in the storm of the so-called Judicial Activism????

Right after the resignation of General Musharraf from the Post of the President of Pakistan, Mr. Athar Minallah the Chief Spokesman of the then defunct Defunct Chief Justice Iftikhar Mohammad Chaudhary in Private Pakistani TV Channel [AAJ], demanded Treason Trial under article 6 of 1973 Constitutiuon of Islamic Republic of Pakistan while shamelssly forgetting that Athar Minallah, also served in the Musharraf cabinet for two years. Shouln’t Mr Athar Minallah be brought to Justice as well because abetting in a crime is tantamount to committing a crime. Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002) by General Musharraf Military Regime. Athar Minallah joined the prestigious Civil Service of Pakistan (CSP) and after serving for 10 years left the post of Additional Collector Customs to join the firm as a partner. Athar Minallah brings not only rich taxation experience but also valuable scholastic input. Athar completed his law degree from the International Islamic University (Islamabad) and his LLM from University of Cambridge, UK. And his areas of interest are taxation, judicial review, Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002). He also was the member of the Task Force constituted by the Federal Government for revamping the Taxation regime in Pakistan. Currently he is the member of the Policy Board of Intellectual Property of Pakistan and Chairman of Alternate Dispute Resolution Committee (ADRC) for Sales Tax constituted by the Central Board of Revenue.
“QUOTE”
The crackdown, announced late Saturday night after General Musharraf suspended the Constitution, was clearly aimed at preventing public demonstrations that political parties and lawyers were organizing for Monday. “They are showing zero tolerance for protest,” said Athar Minallah, a lawyer, and a former minister in the Musharraf government.
REFERENCE: Musharraf Consolidates His Control With Arrests By JANE PERLEZ Published: November 4, 2007 http://www.nytimes.com/2007/11/04/world/asia/04cnd-pakistan.html?_r=1&hp
Asif Zardari, husband of former Prime Minister Benazir Bhutto, has waited for more than 5 years for the start of his trial on charges of killing his brother-in-law, Murtaza Bhutto in 1997. In April 1999, Zardari was tried and convicted separately on corruption charges. In December 2001 Zardari received bail but was not released; the NAB ordered his continued detention on suspicion of corruption. Despite government claims that NAB cases would be pursued independent of an individual?s political affiliation, NAB has taken a selective approach to anti-corruption efforts (see Section 1.d.). The Musharraf Government in 1999 created by ordinance the NAB and special accountability courts to try corruption cases (see Section 1.d.). The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Those convicted also originally were disqualified from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was used during the general election to prevent certain candidates from entering the contest.
REFERENCE: Pakistan Country Reports on Human Rights Practices Bureau of Democracy, Human Rights, and Labor 2002 March 31, 2003 http://www.state.gov/g/drl/rls/hrrpt/2002/18314.htm
Pakistan
National Level: The Musharraf Government in 1999 created by Ordinance the NAB (National Accountability Bureau) and special accountability courts to try exclusively corruption cases. These Courts are part of the national judicial system and operate under the Chief Justices of the High Courts of Pakistan. For up-to-date statistics on the number and type of cases files, convicted and acquitted, please refer to the Appendix. The NAB was created in part to deal with as much as $4 billion (PKR 208 billion) that was estimated to be owed to the country’s banks (all of which were state-owned at the time; several have since been privatized) by debtors, primarily from among the wealthy elite. The Musharraf Government stated that it would not target genuine business failures or small defaulters and does not appear to have done so. The NAB was given broad powers to prosecute corruption cases, and the accountability courts were expected to try such cases within 30 days. As originally promulgated, the ordinance prohibited courts from granting bail and gave the NAB chairman sole power to decide if and when to release detainees. The ordinance also allowed those suspected by the State Bank of Pakistan of defaulting on government loans or of corrupt practices to be detained for 15 days without charge (renewable with judicial concurrence) and, prior to being charged, did not allow access to counsel. In accountability cases, there was a presumption of guilt, and conviction under the ordinance can result in 14 years’ imprisonment, fines, and confiscation of property. Originally, those convicted were set to disqualify from running for office or holding office for 10 years. In August 2000, the Government announced that persons with a court conviction would be barred from holding party office. This provision was applied during the general election to prevent certain candidates from entering the contest.
REFERENCE: I. Special Corruption Courts in Asia http://www.u4.no/helpdesk/helpdesk/queries/query19.cfm
The new government’s principal vehicle for detaining former officials and party leaders, however, was the National Accountability Ordinance, a law ostensibly created to bring corrupt officials to account. The ordinance confers sweeping powers of arrest, investigation, and prosecution in a single institution, the National Accountability Bureau (NAB), and permits detainees to be held for up to ninety days without being brought before a court. The law was later amended to facilitate conviction by shifting the burden of proof during trial from the prosecution to the defense. There were persistent reports of ill treatment in NAB custody, particularly in the case of high profile detainees who were held early in the year in Attock Fort. Persons convicted under the ordinance were prohibited from holding public office for a period of twenty-one years. An amendment to the Political Parties Act in August also barred anyone with a court conviction from holding party office. The combined effect of these acts, as they were applied, was to eliminate the existing leadership of the major political parties. While administration officials said that parties would be allowed to participate in future elections to the Senate and national and provincial assemblies, local government elections, scheduled to be held in December, were to be conducted on a non-party basis.
The Musharraf government also suppressed political activity by conducting raids on party offices, preventing political rallies from being held, and lodging criminal cases against rally organizers under laws governing sedition and the Maintenance of Public Order (MPO) Ordinance. The sedition law, Section 124-A of the Pakistan Penal Code, criminalizes speech that “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Central or Provincial Government established by law.” Section 16 of the Maintenance of Public Order Ordinance prohibits speech that “causes or is likely to cause fear or alarm to the public” or any section thereof, or which “furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.” Rana Sanaullah Khan, a member of the suspended Punjab provincial assembly from Sharif’s Pakistan Muslim League (PML), was arrested in Faisalabad on November 28, 1999. The arrest came after he criticized the army at a meeting of former legislators and urged his colleagues to launch a protest movement against the military government. He was tortured while in custody, and criminal charges were registered against him under the sedition law and MPO.
On March 15, the government formally curtailed freedom of association and assembly with an order banning public rallies, demonstrations, and strikes. The order’s enforcement against a procession from Lahore to Peshawar that Nawaz Sharif’s wife, Kulsoom Nawaz, had planned to lead, resulted in the arrests of at least 165 PML leaders and activists. On September 21 the ban was also invoked against 250 members of the hardline Sunni Muslim group, Sipah-e-Sahaba, who had planned a march to celebrate a religious anniversary.
REFERENCE: Human Rights Developments http://www.hrw.org/legacy/wr2k1/asia/pakistan.html
PLEASE KEEP IN MIND THE ARTICLE 6 OF 1973 CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN WHILE READING ABOUT THE COLLABORATORS AND ABETTORS IN 12 OCT 1999 MILITARY MUTINY
As per 1973 Constitution of Islamic Republic of Pakistan
PART I
6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
====================
An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.
As per two leading National Newspapers of Pakistan:
In his petition, the senator, on whose petition the Supreme Court had earlier validated the Oct 12, 1999, military coup by Gen Musharraf, also challenged a provision in Section 3 of the High Treason (Punishment) Act, 1973, which required the federal government to move a reference for any proceedings under high treason and said this provision was against Article 6 of the Constitution, which does not demand such condition. The petition also asked whether former army chief (Gen Musharraf) did not commit breach of his constitutional oath through his Oct 12, 1999, military coup in disregard of the Constitution and, if faith and allegiance to Pakistan means upholding the Constitution which embodies the will of the people, does it not amount to treason. SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST
http://archives.dawn.com/archives/35301
The armed forces, the petition alleged, were not only ridiculed but insulted by exploiting them only for personal gains. They were made to climb the wall of the prime minister’s house on Oct 12 and used to maintain Gen Musharraf in his extra-constitutional usurpation of power, the petition alleged. To relinquish the office of Chief Executive in accordance with the Supreme Court’s May 12, 2000 judgment, means that Gen Musharraf should have surrendered the command of the armed forces to the then Prime Minister, Mir Zafraullah Khan Jamali, after holding the general elections, but by not doing so, Gen Musharraf disobeyed and violated the order of the apex court, the petition contended. SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST
http://archives.dawn.com/archives/35301
Sayed Zafar Ali Shah submitted that General (R) Pervez Musharraf used force against the elected prime minister, overturned the entire political and democratic system, he acted against the integrity and security of the country and was liable to be punished under Article 6 of the constitution of 1973 read with Section 2 of the High Treason (Punishment) Act, 1973. SC moved for Musharraf’s trial under Article 6 By Sohail Khan dated Sunday, August 23, 2009
http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=24034&Cat=13&dt=8/23/2009
A BLAST FROM THE PAST: PAKISTANI JUDICIARY SUPPORTED 12 OCT 1999 MUTINY OF PAKISTAN ARMY
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