Wednesday, January 6, 2010

Establishment VS Judiciary & Demented Pakistani Media.

When Advocate Hashmat Habib requested the court to summon heads of the Military Intelligence and the Inter-Services Intelligence, Justice Iqbal said that last time when “we tried to summon them we were sent home for almost 16 months”. Moving scenes were witnessed in the courtroom when Mrs Amina Masood Janjua, chairperson of the Defence of Human Rights who is campaigning for the release of detained persons including her husband Masood Janjua, regretted that there was silence despite the fact that witnesses were ready to help locate her husband. - ISLAMABAD: In the missing persons’ case’s proceedings on Wednesday, Justice Javed Iqbal, who heads the bench hearing the case, stated that individuals taken by intelligence agencies were considered as missing persons. The military’s role was also brought into question over the disappearances of these individuals. Justice Javed Iqbal said in the missing persons’ cases “there is always a mention of brigadiers and majors, who has given them power?” “Frontier Corps has no rights to arrest and detain any person,” Justice Iqbal said, adding that the court will be satisfied even if one person was recovered and the anxiety of one family was over. Meanwhile, Justice Raja Fayyaz said “there is a Gestapo-like reign of terror…anyone can come into a house, where is the enforcement of law?” Incidents involving hundreds of missing persons have been reported to the court in the past four years. Relatives of the missing allege they were picked up by intelligence agencies. — DawnNews - REFERENCE: Missing persons issue more serious than NRO, says judge By Nasir Iqbal Wednesday, 06 Jan, 2010,-says-judge-610 SC questions military’s role in missing persons’ case Wednesday, 06 Jan, 2010 - Agencies failed to recover missing persons: SC Wednesday, January 06, 2010 Seeks report within two weeks court wonders how democracy got jeopardised all of a sudden By Sohail Khan

Right after the resignation of General Musharraf from the Post of the President of Pakistan, Mr. Athar Minallah the Chief Spokesman of Defunct Chief Justice Iftikhar Mohammad Chaudhary in Private Pakistani TV Channel [AAJ TV], 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 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. - 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. REFERENCE: Musharraf Consolidates His Control With Arrests By JANE PERLEZ Published: November 4, 2007

Sometimes Intellectual Dishonesty is more fatal than the Financial or Moral Corruption. Financial/Moral Corruption is mostly related with few and destroys few [I REPEAT I AM NOT CONDONING IT] but Intellectual Dishonesty destroys nations e.g. Sharifuddin Pirzada, A K Brohi and many many more. I will just restrict myself to the swinging pendulum of Mr. Ansar Abbasi's pen and journalism and will quote news/columns/opinions filed by him in all these years and every article is contradicting the earlier one. Remember one thing that Ansar Abbasi had demanded Treason Trial of Musharraf for violating article 6 of 1973 Constitution whereas shamelessly Mr. Ansar Abbasi is in favour of retaining National Accountability Bureau to hound politicians [the NAB was founded by Martial Law Regime! Where is the validity? Violation is Violation and cannot be condoned through Law of Necessity. To Proceed

Mr Ansar Abbasi was a Musharraf supporter while working for Daily Dawn:


During 1999 Mr. Ansar Abbasi was Praising General Musharraf Martial Law regime's "Alleged Reforms" when Ansar Abbasi used to be a Correspondent in Daily Dawn, he never mentioned even a single time that Impsoing Martial Law is Treason and Violation of Article 6 of 1973 Constitution of Pakistan. Read the news reports which Ansar Abbasi filed in the Daily Dawn in 1999. Not a single time Ansar adress Musharraf as CMLA but Ansar was very respectful towards "Alleged Chief Executive" Musharraf. You may not find a single personal observation by Ansar Abbasi on Constitutional Tampering by Military Regime. Musharraf was given mandate by the Judiciary to tamper with the Constitution. Everybody knows who was part of that Supreme Court Bench. REFERENCES: Special courts to try cases of accountability Ansar Abbasi 06 November 1999 Issue : 05/45 [Courtesy Daily Dawn Wire Service] Musharraf approves pre-1973 authority for FPSC by Ansar Abbasi Week Ending : 29 January 2000 Issue : 06/05 [Courtesy Daily Dawn Wire Service] Sharifs lose 80pc of assets, says Qureshi by Ansar Abbasi Week Ending : 16 December 2000 Issue : 06/48 - The National Accountability Bureau is Pakistan's apex anti-corruption organization. It is charged with the responsibility of elimination of corruption through a holistic approach of awareness, prevention and enforcement. It operates under the National Accountability Ordinance-1999, with its headquarter at Islamabad. REFERENCE:

Ansar Abbasi Praising General Musharraf's Martial Law Regime's "Alleged Reforms" when Ansar Abbasi used to be a Correspondent in Daily Dawn, he never mentioned even a single time that Impsoing Martial Law is Treason and Violation of Article 6 of 1973Constitution of Pakistan

As per 1973 Constitution of Islamic Republic of Pakistan



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.




ISLAMABAD, May 29: The Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry, on Tuesday narrated for the first time his version of the events of of May 9 at the President’s camp office in Rawalpindi. He said in an affidavit that top intelligence officials had constantly pressured him into resigning, and after keeping him confined at the office for over five hours, he was allowed to leave in a flagless car. “I was informed that I have been restrained from acting as the chief justice.” The `non-functional’ chief justice informed the full-bench hearing identical petitions against the presidential reference that since the action of March 9, he had remained a victim of intrusive and not-so-intrusive intelligence and police operation. “I replied that it was not based on facts as my case was decided by a two-member bench and that attempts are being made to maliciously involve the other member of the Bench as well.” After this, the president said there were a few more complaints as well, directing his staff to call the 'other persons'. The 'other persons' entered the room immediately. They were: Prime Minster Shaukat Aziz, the Directors General of Military Intelligence (MI), Director General of Inter Services Intelligence (ISI), Director General Intelligence Bureau (IB), Chief of Staff (COS) and another official. All officials (except the IB chief and the COS) were in uniform. "The meeting lasted about 30 minutes. The chiefs of the MI, ISI and IB stayed back, but they too did not show him me a single piece of evidence.” In fact, Justice iftikhar said, no official, except the ISI chief, had any document with him. The officials, however, alleged that Justice Iftikhar had used his influence to get his son admitted in Bolan Medical College, Quetta, when he was serving as a judge of the Balochistan High Court. The ISI and MI heads persisted in their demand for resignation, the CJ said. “I refused, saying that the demand has a collateral purpose.” “I was kept there absolutely against my will till 5pm. I was stopped there on one pretext or the other and at one stage was told the president will once again see me. “After 5pm, the MI chief told me `This is a bad day. Now you are taking a separate way and you are informed that you have been restrained from working as a judge of the Supreme Court or the Chief Justice of Pakistan’.” Justice Iftikhar Chaudhry further said when he came out of the room, he was stunned to find that the national flag and the insignia of office were no longer there on his car. “My staff officer later informed me Justice Javed Iqbal has taken oath as Acting Chief Justice and it has been shown on TV. My driver said he had been instructed not to drive the Chief Justice to the Supreme Court.” REFERENCE: CJ says chiefs of MI, ISI asked him to quit: Affidavit on March 9 camp office event By Iftikhar A. Khan May 30, 2007 Wednesday Jamadi-ul-Awwal 13, 1428




ISLAMABAD: The detailed judgment in the case of the restoration of the Chief Justice of Pakistan on July 20, 2007 reveals that not only Pervez Musharraf but the then Director General ISI and the DG Military Intelligence (MI) had also insisted that the chief justice resign during his illegal detention at the Army House Rawalpindi on March 9, 2007. The judgment, penned by Justice Khalilur Rehman Ramday, says: “The petitioner CJP went on to depose that ‘the respondent (the president) insisted that the deponent (the CJP) should resign’. He added that his refusal to oblige, ‘ignited the fury of the respondent (the president); he (the president) stood up angrily and left the room along with his MS, COS, and the prime minister of Pakistan, saying that others would show evidence to the deponent’ (about the allegations of misconduct against the CJP).” “As per the CJP, his meeting with the president lasted for about thirty minutes meaning thereby that the president and the prime minister would have left by about 12.15/12.30 pm and the CJP was then left behind in the company only of the DG MI, the DG ISI allegedly to be shown the evidence in support of the above-noticed accusations. The CJP alleged that no evidence at all was shown to him and “in fact, no official except DG ISI had some documents with him but he also did not show anything to the deponent” (the CJP). He added that they only accused him of having secured a seat for his son in Bolan Medical College while he was serving as a judge of Balochistan High Court. “The CJP further alleged that the DG MI and the DG ISI kept insisting that he should resign from his office while he continued to assert strongly that the allegations were baseless and were being levelled only for a collateral purpose and that he would not resign at any cost and would rather face the said false charges.” The judgment states, “While the CJP was still at the President’s Camp Office in Rawalpindi during the said crucial ‘FIVE HOURS’ and when according to the CJP he was being detained there against his wishes after 12 noon and when according to the respondents he was sitting there, in the company of the intelligence chiefs examining the reference and the material available in support thereof, a notification dated March 9, 2007, was issued by the Government of Pakistan in the Law, Justice and Human Rights Division mentioning therein that since the President of Pakistan had been pleased to make a reference called a ‘DIRECTION’ by Article 209(5) of the Constitution) to the SJC against the CJP, therefore, the President had restrained Mr Justice Iftikhar Muhammad Chaudhry from acting as the Chief Justice of Pakistan or even as a Judge of the Supreme Court of Pakistan.”

The honourable judges of the Supreme Court also made it clear that the case had nothing to do with army as an institution but acts of a person who happened to be chief of army staff. The judgment regarding the statement of Chaudhry Shujaat Hussain that ‘it was a matter between army and judiciary’ states, “This, in our opinion, was a naive attempt to create a wedge between two important and indispensable arms of the State and to put them on a war-path. What was in question before us was an act of the President and it was just an accident or a coincidence that the said President also happened to be the Chief of Army Staff. The matter had obviously nothing to do with the Army as an institution. Needless to add that the Army was an invaluable organ and instrument of the State and was as precious to us all as any other institution of our homeland. We, therefore, take this opportunity to express our disapproval and displeasure about the said statement.” Political analysts and observers who had watched the situation at the time, however, told The News that the involvement of junior military officers was minimal and on the specific orders of General Pervez Musharraf who had his own personal vested interest to protect.

They said whatever happened at the time was planned and ordered by General Musharraf and no other army or intelligence officer could be blamed for it. “It was Musharraf and Musharraf alone who must be held responsible for the treatment he meted out to the judiciary and the judges have also noted this in their judgment when they said the army had nothing to do with it as an institution,” an analyst said. It should be noted that both the ISI and the MI were directly under control of the then COAS, General Musharraf, although the ISI is supposed to be under the prime minister. A retired general who was closed to General Pervez Musharraf when contacted said that Musharraf tried to show the door to the chief justice because he wanted extension in his tenure that was expiring, election results of his own desire and government of his own choice. He considered the chief justice as the only person who could create hurdles in the achievement of his objectives. He said Musharraf’s stakes were very high and he wanted to achieve his objectives at all costs. Musharraf, he said, used his senior colleagues, to press the chief justice to quit. He said the then DG MI General Nadeem Ijaz, who was relative of Musharraf, crossed all limits in dealing with the opponents of the former dictator. The DG MI was the strong man of Musharraf. He said Musharraf took aggressive steps against judiciary on the advice of the DG MI, who was in fact responsible for spoiling Musharraf’s all matters related to judiciary. The DG IB went too far in bid to protect the interests of his boss (Musharraf).

He said under Musharraf’s pressure the DG MI Ijaz, DG IB Ejaz Shah, the then secretary interior and some others also submitted affidavits in the Supreme Court against the chief justice. He reminded that the DG ISI did not submit an affidavit. It was believed that Musharraf asked the DG ISI to submit his affidavit but the latter said sorry to the former. Musharraf, he said, was reportedly offended by the DG ISI. He said despite Musharraf’s intensive efforts, the then DG ISI Gen Ashfaq Parvez Kayani kept a reasonable distance from this issue in grace. He said Gen Kayani was popular as a simple soldier. He did not show any interest in Musharraf’s machinations and that was why he did not submit any affidavit. Observers are pleasantly surprised that Chief Justice Iftikhar Mohammad Chaudhry wrote the names of military generals including the former DG ISI Gen Kayani, who is present army chief, and the full court also mentioned them in their judgement without showing any fear. They said the chief justice and all the members of the full court deserve praise and esteem for showing rare courage. Justice Khalilur Rehman Ramday also mentioned the reasons for delay in writing the detailed judgment. The judgment says, “And before I put my pen down, I wish to offer a personal explanation which I owe in connection with this judgment. As is known, the short judgment in the matter was announced on July 20, 2007 and these reasons in support of the said judgment are being recorded after almost 2-1/2 years. This rather extraordinary delay, which was on account of equally extraordinary circumstances, warrants clarification and elucidation.” He mentioned that after vacations he was a part of a bench hearing the eligibility case of Pervez Musharraf but, when the said matter had almost reached the final stages, martial law (called emergency) was imposed in the country by General Musharraf on November 3, 2007 in his capacity as the Chief of Army Staff. Thirteen out of seventeen Judges were removed from office and some including the Chief Justice were put under house arrest which detention continued till March, 2008. “Thereafter, I was of course a free man but being a ‘REMOVED’ Judge, had no access to the Supreme Court and consequently the entire record of this case, including all the notes, were out of my reach. I, along with the Chief Justice of Pakistan and some other learned brothers, got restored to office in March, 2009 and it is thereafter that I got down to collecting the lost, the forgotten and the scattered threads and this is what I have been able to produce now.” REFERENCE: How dictator Musharraf used his colleagues against Justice Iftikhar Friday, December 25, 2009 By Usman Manzoor



MR. ANSAR ABBASI OF THE SAME JANG GROUP OF NEWSPAPERS REFUTES THE ABOVE REPORT. WHAT A JOKE! - LIES OF MR. ANSAR ABBASI IN VIEW OF NEWS ABOVE AND IF THAT WAS NOT ENOUGH MR. ANSAR ABBASI ALSO TRIED HIS BEST TO PROVE THAT CJ's AFFIDAVIT WAS WRONG [he didn't write that but his article "missed" a crucial information - read the last paragraph and then read CJ Affidavit as reported in Daily Dawn above]


MURREE: The Pakistan Army would stay distant and neutral from the Supreme Court’s proceedings against the ex-army chief and condemned dictator General (retd) Pervez Musharraf’s trial on account of his Nov 3, 2007 unconstitutional action. While many wonder if the Pakistan Army would defend Musharraf despite what he did to Pakistan, its institutions and to the constitution as a 14-member bench of the apex court is currently adjudicating the former dictator’s Nov 3 actions, the military under General Ashfaq Parvez Kayani intends to stay neutral. It is not interested to drag itself into unnecessary controversy by siding with a man, who is no more associated with the Army and is sought by the country’s superior judiciary for his unconstitutional actions. The Supreme Court Wednesday summoned Musharraf to appear before the 14-member bench or get himself represented through his counsel to defend his actions of Nov 3 and later. Although the military spokesman when contacted by a member of The News Investigative Reporting Wing did not offer his comment on the question if Pakistan Army would defend its former chief in the apex court, a senior army source simply ruled out any such possibility. “What army has to do with this,” said the source, adding that the Supreme Court has taken up a political case that has nothing to do with the army.

“We have nothing to do with it,” the source said when precisely asked about the Nov 3rd unconstitutional actions of the then Army Chief General Pervez Musharraf. Musharraf, the military source added, is no more in army. “You know better that he is retired now and have no link with army,” the source said, adding that dragging Pakistan Army into this would be uncalled for. In an interesting twist of fate Musharraf, who had perpetuated his dictatorial rule by misusing his powers as chief of army staff and even at the cost of the reputation of the institution of Pakistan Army, is all alone and is now trying to settle down in London as he fears facing music if comes back to Pakistan. Musharraf is becoming such a lesson for others that even Washington to whom he had sold his soul and served even at the cost of damaging Pakistan, has been abandoned by his real master. US special envoy to Pakistan and Afghanistan Richard Holbrooke Wednesday said President Pervez Musharraf is now history and that the US will not come to defend him.

The reputation of Pakistan Army was at its worse when Musharraf handed over the military command to the incumbent Army Chief Ashfaq Parvez Kayani, who took no time to get the army out of politics and repeatedly proved military’s neutrality from political and government matters. Kayani, the man who enjoys utmost respect both within the army and outside for his professionalism, kept army out of any electoral manipulation early last year though Musharraf was keen to rig the elections to get his choice parties elected all over Pakistan. After Musharraf’s departure and the emergence of President Asif Ali Zardari as the major opponent to the restoration of the deposed judges, again it was the incumbent army chief who played his positive role and have had a series of interactions with President Zardari and Prime Minister Gilani to settle the issue to the best interest of the people, the country and the judiciary. This is also in public knowledge that even during the days when Musharraf was an all powerful dictator, he had also refused to give an affidavit against the incumbent Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry following his controversial suspension on March 9, 2007. Perhaps not many know that Musharraf and some of his other Generals misbehaved with the chief justice on March 9 in order to coerce him into tendering resignation, Gen Ashfaq Parvez Kayani, the then ISI chief, was decent and polite with the chief justice. While others were rude towards the CJ, it was Gen Kayani, who had even offered a cup of coffee to Justice Iftikhar Muhammad Chaudhry. REFERENCE: Army to stay away Thursday, July 23, 2009 Kayani treated Iftikhar with respect when Musharraf and aides misbehaved with him By Ansar Abbasi


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