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Rs37b lost in ISAF containers pilferage

January 20th, 2011 | No Comments


ISLAMABAD – Chief Justice Iftikhar Mohammad Chaudhary on Wednesday hearing the embezzlement of billions of rupees in International Security Assistance Force (ISAF) containers case observed that revelations made in the Federal Tax Ombudsman report is just the tip of the iceberg, as further investigations could divulge much more.
The Federal Tax Ombudsman submitted a comprehensive report regarding fraud in the garb of Afghan Transit Trade, which testified that large number of containers carrying Afghan trade goods have been pilfered inside the country.
The report has made a startling disclosure that more than 50,000 transit containers have been pilfered within Pakistan that have caused a huge loss of approximately Rs19 to Rs37 billing to the countryÂ’s economy during the last four years. A three-member bench of apex court comprising Chief Justice Iftikhar Mohammad Chaudhary, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday, while hearing the ISAF containers case ordered the authorities concerned to take a strict action against those involved in the case and issued them notices.
The Court on September 30, 2010 had directed the Federal Tax Ombudsman to file a comprehensive report over the permission of contraband items under the garb of food supplies to the ISAF in Afghanistan under the Afghan Transit Trade Agreement (ATTA). The court also sought a comprehensive report over 10,000 to 11,000 containers of ISAF which went missing from Karachi, as Customs has no record of these containers.
The Chief Justice said, “We have gone through the report, which is not only comprehensive to the point with the reference mentioned in the complaint of smuggling of foreign goods in the name of Afghan Transit Trade.”The report prima facie concluded that action is required to be taken against all the concerned officials of Customs. The court stated that for the sake of justice it would be appropriate to provide them an opportunity of hearing so they may also forward their comments in view of the report prepared by Federal Tax Ombudsman.
The court directed Chairman Federal Board of Revenue Salman Siddique to assist the court and provide a list of all officials, including former chairperson of CBR/FBR, who was holding the position from January 1, 2007 to December 24, 2010, the Members of Customs (Customs Collectors Karachi Port and Port of Qasim, Collectors of Quetta and Peshawar, Secretaries Commerce and Finance, Director General Customs Intelligence and Investigation and the relevant officers of NLC who were hold the charge during that period. The court said that the Chairman CBR might also identify any other officer, prima facie involved in the alleged corruption, so he may be summoned.
The court directed the FBR counsel to furnish the list by January 20, 2011 along with copies of the report prepared by the FTO, which shall be obtained from the office of the FTO as we have been given only six copies. On receipt of the names as mentioned above the office shall issue notices through the FBR for affecting service upon them. However, notice would be served on the DG NLC by the office itself.
The officers/officials to whom notices are issued are directed to file their comments, particularly in respect of the period during which they were holding the charge of the above posts.
The Chief Justice observed that right from top to the bottom officials are involved in the case. The Chief Justice asked the FBR chairman to proceed against the officials allegedly involved in the case, get them handcuffed and present their report in the court. The chairman FBR replied, “We have to take some measures and finalise the nitty-gritty of the plans.”
Justice Ramday said, “If someone is in this illusion that by deputing a person of his choice could influence the investigation is wrong, because the court would itself control the investigation.” He asked whom they could depend? If the economy will be bad then how would the country be run? Justice Ramday said, “Like Haris Steel Mills’ case the court could control the investigation of this case as well.
The Chief Justice asked Salman that if you have time then travel from Quetta to Chaman by road. The CJP said in the presence of Customs officials and the Levies goods are being smuggled in and out of the country, but no one is there to question them. He said because of smuggling the national exchequer faces a loss of $2 billion every year.
The Chief Justice further said that even the Islamabad markets are flooded with the smuggled goods. Justice Ramday said that the domestic barrowing have reached Rs4008 billion since 2008 to 2010. The court wondered that besides the smuggling of alcohol and arms, what else is being smuggled on the pretext of Afghan trade.
The case is adjourned till 27th January.

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Justice JavedÂ’s parents killed

January 12th, 2011 | No Comments


LAHORE – Malik Abdul Hameed, former DIG Police and father of Supreme Court judge Justice Javed Iqbal, along with his spouse was found strangled to death at their Cavalry Ground residence in Cantonment police area late on Tuesday night.
Police sources claimed that the possibility of target killing could not be ruled out.
Sources further said the couple, in their early 80s, was tortured and strangled to death in their house located in the posh and fortified locality. The policemen deployed outside their residence 164-Cavalary Ground were absent from the duty. The motives behind the murder are yet to be ascertained, but nothing from the luggage was missing, raising suspicions, a top police source said. Both Malik Abdul Hameed, 85, and his wife Amna Hameed, 80, were lying dead on the floor in the courtyard of the lower portion when the police reached there.
A woman residing on the upper portion of their house on rent found the couple dead and informed the police about the gruesome murder incident.
“Two female neighbourers phoned the police, which reached the spot and detained the both for preliminary investigation,” insiders said. They further said as the women were the first eyewitnesses of the incident, they would be interrogated regarding the incident.
Investigators were on the scene, collecting evidences to determine how the killers brutally murdered Malik and his wife.
Apparently, the killers suffocated former DIG Special Branch Quetta Abdul Hameed and his wife to death by putting pillows on their faces. “We are trying to find out motives behind the killings. Nothing is clear at this moment,” the source said.
Justice Javed Iqbal, a close associate of Supreme Court Chief Justice Iftikhar Muhammad Chaudhry who had refused to take oath under PCO, was in Islamabad while his parents were staying alone at their Lahore residence. The Punjab Bar Council announced strike for Wednesday (today) and lawyers will not appear in the courts to protest the killings.
Sources said Criminal Investigation Agency (CIA) SP Umar Virk had got a tip-off that a gang would break into the locality some days back on which the CIA, in collaboration with the Lahore Police teams, had started surveillance of the area and deployed personnel at several locations.
Days after the newly-appointed IG Punjab Javed Iqbal assumed charge of his new office and spelt out his priorities to bring down the alarming crime rate, dacoits have killed the parents of a senior Supreme Court judge Justice Javed Iqbal.
The police have arrested the street guard and are investigating.
The news got many grave ramifications for the judges and their families after this incident took place.
It is worth mentioning here that the horrible incident has come at such a critical situation when the SC judges are being considered the only ray of hope and the only working institution for the deprived people across the country.
The dacoity-cum-murder incidents have swelled to an alarming level in Lahore as the dacoits killed 55 people on offering resistance last year.
Chief Minister Punjab Mian Shahbaz Sharif took strong notice of the incident and directed IGP Javed Iqbal to nab the killers.
The Chief Minister of Punjab, the Chief Justice of the Lahore High Court, the Inspector-General of Police, the Commissioner, the DCO Lahore and provincial law minister were also on the crime scene till the filing of this report.
The police denied the media access to the crime scene and cordoned off the entire locality.
Meanwhile, Interior Minister Rehman Malik constituted a Joint Investigation Team comprising ISI, FIA, IB and Punjab Police to probe into the ghastly murder incident.
President Asif Ali Zardari, Prime Minister Yousuf Raza Gilani, PML-N Chief Nawaz Sharif, PML-Q President Ch Shujaat Hussain, PTI Chairman Imran Khan and JamaÂ’at-i-Islami Ameer Syed Munawar Hassan and former Ameer JI Qazi Hussain Ahmed strongly condemned the killing of the parents of Justice Javed Iqbal.
Premier Gilani directed the Joint Investigation Team to investigate the sad incident and submit a report at the earliest. The Prime Minister conveyed his heartiest condolences and sincere sympathies to the members of the bereaved family.
President Zardari also strongly condemned the tragic happening and ordered immediate inquiry into the incident. He expressed his deep sense of shock and grief over the tragic deaths and prayed to Allah Almighty to rest the departed souls in eternal peace and grant courage to the bereaved family.

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‘Generals can be served notices’

December 14th, 2010 | No Comments


ISLAMABAD – A four-member bench of the Supreme Court on Monday dismissed the objection raised by the PCO judges in a contempt of court case and rejected their plea for reconstitution of new bench.
Head of the bench Justice Mahmood Akhtar Shahid Siddiqui while announcing the verdict, remarked that the objection raised by PCO judgesÂ’ counsel are not valid. Therefore, the request is dismissed, the objections are not enough for the recusal of the judges from the bench and to reconstitute the bench, he added.
Dr Abdul Basit, counsel for Justice Hasnat Ahmed Khan and Justice Shahbar Raza Rizvi, asked, “Why only the judges, who had taken oath under PCO, and not the Army Generals were actually involved in the November 3, 2007 unconstitutional step, were not served contempt of court notices.
Justice Jawwad S Khawaja said, “They would also be called if need arises.”
Basit argued that people would that the decision by this bench would reflect bias against the PCO judges. But Justice Shahid stated, “Not people but you are saying it.”
Justice Jawwad asked the counsel to tell out of 17 members of the Supreme Court, whom you trust and was not part of the movement for the restoration of judges.
Justice Shahid said that usurper and those who had violated the Constitution were right but those who had followed the Constitution and refused to take oath under PCO are wrong. He said on July 31 the issue of PCO judges was decided.
Justice (Retd) Abdul Hameed Dogar voiced concern over Justice Tariq Pervaiz and Justice Khilji Arif Hussain, saying that they have taken oath from him, while Justice Rahim has sought the recusal of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja and Justice Tariq Parvez. Justice (retd) Iftikhar Hussain Chaudhry and Justice Hamid Ali Shah have also objected to judges of four-member bench.
Justice Jawwad said that both the bench and bar not only have to save the dignity and honour of this court, but also have to enhance it. He asked Nadeem Ahmed Sheikh, counsel for Justice Hamid Ali Shah, to provide all the documents that you have mentioned in the application.
Khalid Ranjha, counsel for Justice (Retd) Iftikhar Hussain Chaudhry, said that itÂ’s not enough that justice is done, but it should be seen as well. He said in the interest of the justice and fair play, the judges against whom objections have been raised should recuse themselves, so that requirements of Article 10A of Constitution are fully met, which is now a fundamental rights guaranteed to a citizen.
The proceedings for contempt of court notice against the PCO judges initially started on May 10, 2010 and since then three judges – Justice Nasir-ul-Mulk, Justice Raja Fayyaz and Justice Said Mohammad Ali have recused themselves from hearing the PCO judges case.
The court is hearing the cases of Justice (Retd) Abdul Hameed Dogar, former Chief Justice of Supreme Court, Justice (Retd) Iftikhar Hussain Chaudhry, former Chief Justice of Lahore High Court; and eight sitting judges – Justice Sayed Zahid Hussain of the Supreme Court and Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abbasey and Justice Jehan Zaib Rahim of different high courts.
The PCO judges were facing contempt charges for taking oath under the Provisional Constitution Order (PCO) in defiance of a restraining order issued by a seven-judge Supreme Court bench on November 3, 2007, moments after the proclamation of emergency by former president Pervez Musharraf.

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Spy agencies admit custody

December 10th, 2010 | No Comments


ISLAMABAD – The intelligence agencies of the country on Thursday conceded that 11 prisoners of Adiala Jail were safe and alive in their custody and they would be dealt with laws under Army Act.
A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing the case of Adiala Jail prisoners who went missing after their release.
The court had issued notices to the heads of secret agencies seeking their explanation with regard to 11 missing prisoners, allegedly abducted by them. In the hearing on November 24, 2010, Attorney General of Pakistan Maulvi Anwarul Haq on behalf of the agencies had informed the court that he had approached the concerned authorities but they had denied having any information about the whereabouts of these missing prisoners.
The AGP also stated that the spymasters could not be made respondents in the constitutional petitions.
The Attorney General, however, had withdrawn the reply that the secret agencies were enjoying immunity and could not be made respondents in any case, after the court had expressed severe dismay over the reply.
Muhammad Irshad, counsel for Inter Services Intelligence (ISI), and Military Intelligence (MI) on Thursday, told the Supreme Court the impression created that Army, ISI and other agencies were above the Constitution was wrong.
He made a loud and clear verbal statement on behalf of ISI and MI and promised to submit the written statement today (Friday). He stated that Pakistan Army, ISI and any other agencies were subject to the Constitution and held the Supreme Court of Pakistan in high regard. But there are certain elements, which wanted to create misperception by saying that the Army and ISI are above the Constitution, he added.
This impression is not right, as the ISI and other agencies are bound to follow orders and judgments of the Supreme Court and they respect and appreciate the apex courtÂ’s steps, which it is taking for the supremacy of law and order and good governance.
Irshad said 11 persons, who were detained in Adiala Jail, after their release voluntarily surrendered themselves to the persons disguised as agency officials, who had taken them to their operational areas and kept them in the terrorist hideouts in order to carry out further terrorist activities across the country.
The agencies on the order of the Supreme Court and the notices issued to them by the court penetrated into the terroristsÂ’ operational areas and launched a massive operation and recovered more than 20 persons including 11 prisoners of Adiala Jail. They have interrogated them and it was found that the prisoners have deep links with the terrorists, operating in the different areas, causing serious damages in the country and killing army personnel, including three serving Army Generals and also damaging the military and defence installations. Therefore, they are no longer missing persons as they were in the custody of law enforcement agencies and being dealt with the law under Army Act and would face field court marshal.
Arshad said that the officials who had sleeplessness nights for the defence of the people and the country were being humiliated, while in India no one make statements against RAW.
The Chief Justice in response to that said: “We appreciate the Army, ISI and other agencies as they were defending the country and we also have all love and affection for them.” The CJP asked the counsel for Federation, ISI, MI and IB to submit the written statement, however he promised to file it today (Friday). The court then adjourned the hearing till today (Friday).
It is relevant to mention here that the jail authorities had allegedly handed over 11 persons to agencies- who were acquitted due to lack of evidence regarding their involvement in five cases including attack on plane of Gen (Retd) Pervez Musharraf, attacks on Kamra and Hamza Camps and General Headquarters (GHQ).
The Anti-Terrorism Court (ATC) had acquitted Syed Arab, Gulraiz, Hussainullah Jan and Abdul Rashid allegedly involved in Kamra suicide attack on April 28. The same court also acquitted Dr Muhammad Niaz, Shafiqur Rehman, Abdul Majid, Mazharul Haq, Abdul Saboor, Muhammad Aamir and Abdul Basit on May 8 in Hamza Camp and GHQ attacks cases.
Besides their release from the jail, DCO Imdadullah Bosal passed an order and subsequently on the expiry of that order another order was issued by the then home secretary Nadeem Hassan Asif.
Both the orders were challenged in the Lahore High Court, Rawalpindi Bench, which had declared the orders as unlawful and beyond the jurisdiction. The LHC also issued an order for the registration of criminal cases against the Superintendent and Deputy Superintendent of Adiala Jail for not releasing the prisoners.
The Special BranchÂ’s daily situation report (DSR) presented before the court by the Punjab Chief Secretary in which stated that these prisoners were picked up by the secret agencies from Adiala Jail.
It may be mentioned here that Attorney General of Pakistan, Maulvi Anwarul Haq was not present in the court.

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SC orders RPPs to return money

December 8th, 2010 | No Comments


ISLAMABAD – Chief Justice Iftikhar Mohammad Chaudhary, while hearing a suo moto case of irregularities in the advance payment to Naudero-II and Guddu Rental Power Projects, has directed the companies’ counsel to return with mark-up the 14 per cent advance payments they had received for installing the RPPs.
A three-member bench was hearing the suo moto notice on Tuesday taken on a media report.
According to the news report, Nepra had declined to approve a fresh tariff for Naudero-II after discovering that the projectÂ’s equipment belonged to Guddu Rental Power Project, which had been dismantled illegally.
The government had paid 14 per cent advance amount of $11.28 million to Pakistan Power Resources (PPR) in April 2010 for Naudero-II, while 14 per cent advance payment of $10.15 million was paid for the same machines for Guddu rental power plant having a capacity of 110 MW.
Dr Pervaiz Hassan, counsel for the PPR, stated that the Guddu power project, which was signed on 23-02-2008, was signed off on December 4, 2010. The Chief Justice asked him, “Your client had taken money from both the projects for the same machines.”
Justice Khalil-ur-Rehman Ramday stated, “You signed off when the Supreme Court had taken suo moto notice.”
The court directed Shahid Hamid, who was representing the Walter Power International that has 35 per cent share in Pakistan Power Resources, and Dr Hassan, the counsel for shareholder of the PPR, to take instructions from their clients for submitting advance payments with mark-up and adjourned the hearing for today.
During the course of proceedings, the Chief Justice remarked, let the institutions be strengthened and there is no need to be afraid of foreign governments. He said, why you are frightening the court. Has the WikiLeak enhanced the government’s respect, he said, and added, “If you would surrender in everything, then no one would respect you.”
Justice Ramday said, “Wrongly or correctly we are the custodian of the country and it is our concern that money is brought back.” He further said, even if they had to supervise the investigation, they would not hesitate.
Agencies add: Chief Justice Iftikhar Muhammad Chaudhry said on Tuesday that criminal cases will be registered against all those responsible for making fraudulent deals.
The Chief Justice noted that fraud is apparent in the Guddu and Naudero rental power agreements, adding that the judiciary will not allow people to waste the nationÂ’s wealth.
The court has taken notice on a newspaper story saying that NEPRA detected irregularities in advance payment to Naudero-II and Guddu Projects. The story further claimed that NEPRA declined to approve tariff for Naudero-II after discovering that projects equipment belonged to Guddu Rental Power Project. The Walters Power International had entered into contract for completion of $52 million natural gas-fired 51 megawatts power plant in Naudero II, while working upon a second project in Guddu, which was expected to cost about $70 million and produce 110MW. At the outset of proceedings, Shahid Hamid, counsel for Walters Power International, prayed the court to grant him few days as he would be consulting David Walters, president of WPI in US over return of principle amount and mark up issue. The Chief Justice told him to consult his client and make statement about return of the amount along with bank interest.
Faisal Saleh Hayat, a PML-Q parliamentarian and petitioner, raised objection by saying that they had violated the contractual agreement and should be held responsible for violation. The Chief Justice told him that it was not their job, however, the main case was still pending and they would have to deliver their verdict. “We have announced our charter yesterday, the people will get tired of taking bribes but the court would not feel bogged down in taking notices of such issues,” he added. The Chief Justice expressing his displeasure over arguments of Shahid Hamid said, “What are being shown on TV about Wikileaks do not you know. We are an independent country, do not impress us by mentioning foreign influential people.” Shahid Hamid apprised the bench that David Walters, a US citizen and former Oklahoma governor, held million of shares in power sector and was not involved in any corruption case. He said the contract for Guddu power was signed on March 4 this year.
He said under a mutual contract, the equipment which had to be re-exported was transferred to Naudero II though in the usual circumstances it did not happen. He said it was a kind of renovation of contract which took place in October. The Chief Justice observed that it was their liability to return the amount with bank interest instead leaving it for the JENCO. To benchÂ’s query, Shahid replied that JENCO, another power company, had not fulfilled agreement with them as they failed to submit bank guarantee and determination of tax issue, therefore, they had to walk out of the contract. He further apprised that the company had given guarantee for advance payment on March 12 and got an amount of $11,36,666 in return on April 8 this year with total rental value of $80.5 million. He said the Naudero power plant II would have to generate 51 megawatts.
To benchÂ’s query, he admitted that due to an end to contract it had been capped. The Chief Justice pointed out that a news appeared on December 1 and the contract was withdrawn on December 4. Dr Parvaiz Hussain, another counsel, told that contract was rescinded in accordance with law and had nothing to do with the date. He said that PEPCO had not fulfilled its agreement over provision of fuel, site etc. While JENCO deputy chairman Abdul Malik apprised the bench that they were not required to look into the equipment while entering into a contract.

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Pak intelligence agencies “cloaked in veil of impunity”: Pak editorial

November 26th, 2010 | No Comments

Referring to the case of eleven missing prisoners of Adiala Jail, allegedly abducted by Pakistani intelligence agencies, a newspaper editorial has stated that these spy agencies of have once again “cleverly cloaked themselves in a veil of impunity”. “Pakistan’s intelligence agencies seem to think they are above the law. This could not have been more [...]

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Apex court declines stay

November 25th, 2010 | No Comments


ISLAMABAD – The Federation on Wednesday informed the Supreme Court that no agreement for mining had been signed yet, as the grant of mining rights, apart from oil and gas and radioactive substance, was under the 1973 Constitution a provincial matter.
Deputy Attorney General Chaudhry Mazhar on behalf of the Federal Government, while Advocate General Balochistan Mengal filed para-wise comments on behalf of the Government of Balochistan.
Advocate Supreme Court Tariq Asad has filed the petition under Article 184(3) of the Constitution, saying that awarding contract of gold mines to foreign companies was tantamount to treason.
Barrister Zafarullah, Advocate Supreme Court, on Wednesday also filed identical petition and urged the court to issue stay order against the agreement, as Wednesday (November 24, 2010) was the last day to enter into the agreement with the foreign company – Tethyan Copper Company Pakistan (TCCP) – for the exploration of copper and gold at Reko Diq. However, the Deputy Attorney said, “No agreement has been signed yet.”
The Federation in its written reply submitted that no sale and purchase transaction of the mineral resources took place on behalf of the Government of Pakistan (GoP) or Government of Balochistan (GoB), saying according to the Balochistan Mineral Rules 2002 (BMC Rules 2002), only the GoB is entitled to royalty and certain other provincial levies, where the GoP is entitled to receive the federal taxes, Workers Welfare Fund contribution, excise duty and custom duty. The Balochistan government in Reko Diq project was also entitled to receive 25 per cent share from the profits of the mining of the copper and gold without making any exploration investment.
The Federal Government denied that it had pressurised the provincial government in Reko Diq project for any wrongful action against the interests of the people of Balochistan. The Federal Government entered into the affairs of Reko Diq when a delegation of TCCP called on the Prime Minister of Pakistan in July 2007 and presented Draft Mineral Agreement (DMA) to be signed among GoP, GoB and TCCP. The then PM constituted a steering committee comprising representatives of GoP and GoB to coordinate inputs and finalise recommendations for approval of DMA, expeditious processing and finalisation of the DMA with the company and appointment of quality advisor/consultants for evaluation and negotiation of DMA to safeguard the interests of both the federal and provincial governments.
The Steering Committee held its meetings in February 2008 and January 2009 and jointly prepared counter-proposals on fiscal, regulatory, corporate sector, management, amendment in 2002 BMC Rules, mineral title, consents and incentives, infrastructure, termination, dispute resolution mechanism, federal taxes and levies and rate of royalties.
The Federation said that the petition was based exclusively on the article, appeared in an English daily, without any supporting evidence and that the petitioner prima facie lacked knowledge of the rules and policy on the subject and had portrayed a false picture, and that the petitioner had not made TCCP a respondent, when it was evident that TCCP was a necessary party.
The mineral exploration is a high-risk business requiring massive capital investment and a long gestation period. The foreign investors have proved the resource potential of copper and gold at Reko Diq, which in itself is a significant achievement, after years of work and with an investment of over US $500 million as claimed by TCCP.
The investment made by TCCP will generate substantial revenues for GoP and GoB, besides providing mass scale employment of about 6,500 skilled and unskilled workers, transfer of technology promotion of downstream industries, and establishment of new township in the region and will place the country on the world mineral map.
The statement mentioned that all the proceedings regarding the Reko Diq copper-gold project both at federal and provincial levels were fairly transparent and no violation of rules/policy had been committed at any stage.
During the proceeding, Fakhar-ud-Din, counsel for TCCP, requested the court to club all the cases and hear them together and decide the matter soon. He said that the Balochistan High Court in 2007 dismissed the petitions of Maulana Abdul Haq Baloch, ex-MNA, and two others. Maulana had filed the petition against BHC which had been pending for the last three years. The learned counsel also requested the court to stop English daily from publishing articles and stories on Reko Diq as the matter is sub judice. But the Chief Justice said that they could not pass any order in this regard.
Barrister Zafarullah in his petition prayed that the court should order that no deal should be signed until the report of the independent commission was available and Pakistan was assured of its due share.
The court has issued fresh notice to the respondents and adjourned the case till December 15, 2010.
APP adds: The Supreme Court on Wednesday declined to grant stay order on awarding of contract for exploration of Reko Diq mines in Balochistan and put off hearing till December 15.
The bench observed since both high government officials had been giving statements over the issue, so it would be premature to grant stay.
Asad requested the court for the whole record of the deal/agreement, if any, with respect to the sale of gold and copper mines to the TCC or any other foreign companies, as well as lease, from the respondents.
Besides, a direction was sought for respondents to refrain from issuing the licence of mining in an arbitrary and unlawful manner and without the consultation of the parliament and the Balochistan government.
He further requested that respondents be asked to explain as to why the mining process could not have ever been carried out by the Ministry of Petroleum and Natural Resources and mining department.
The petitioner questioned the selling of gold mines worth $260 billion (rather due to the rise of the prices of gold and copper, the total yield could be even $500 billion or may be a trillion dollars) to the foreign companies at a very low price.

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PPP wants Nawaz to apologise for keeping Zardari in jail over ‘fake cases’

November 23rd, 2010 | No Comments

The Pakistan People’s Party (PPP) Punjab has asked Pakistan Muslim League-N (PML-N) chief Nawaz Sharif to apologise to the nation for keeping President Asif Ali Zardari in jail for eleven and a half years by lodging fake cases against him. Addressing a press conference, PPP Punjab Information Secretary Dr Fakharuddin Chaudhry, Iqbal Sialvi and Athar [...]

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18th Amendment lives

October 21st, 2010 | No Comments


ISLAMABAD – The government, Thursday, heaved a sigh of relief as the Supreme Court, in its most-awaited ruling, referred back the matter of judges’ appointment to the superior courts under Article 175-A inserted through 18th Amendment in the Constitution, to the Parliament.
“We would like to refer to the Parliament for re-consideration, the issue of appointment process of judges to the superior court introduced by Article 175-A of the Constitution,” announced Chief Justice Iftikhar Mohammad Chaudhry in the interim order on 18th Amendment, while heading a 17-member bench in the jam-packed Courtroom No.1 of the apex court Thursday.
It has been mentioned in the judgment, “We had two options; either to decide all these petition forthwith or to solicit, in the first instance, the collective wisdom of the chosen representative of the people by referring the matter for reconsideration. In adopting the latter course, we are persuaded primarily by the fact that institutions may have different roles to play, but they have common goals to pursue in accord with their constitutional mandate.”
“We can also not lose sight of the fact that we, as a nation, are passing through testing times facing multidimensional challenges, which could be best addressed only through measure and methods where societal and collective consideration are the moving and driving force.” To enable the Parliament to proceed and re-examine the matter in view of the observations made in the order the petitions have been adjourned till the first week of January 2011.
The court noted that in all cases of an anticipated or actual vacancy a meeting of the Judicial Commission shall be convened by the Chief Justice in his capacity as its chairman and the names of the candidates for appointment to the Supreme Court shall be initiated by him, of the Federal Shariat Court by its CJ and of the High Courts by the respective chief justices. The CJP as head of the Judicial Commission shall regulate its meeting and affairs as he may deem proper. The proceedings of the Parliamentary Committee shall be held in camera, and the committee would maintain detailed record of its proceedings and deliberations. The committee shall send its approval of the recommendations of Judicial Commission to the Prime Minister for onward transmission to the President for necessary orders. If the Parliamentary Committee disagrees or rejects any recommendations of Judicial Commission then it shall give specific reasons and the Prime Minister shall send copy of the said opinion of the committee to the Chief Justice.
In order to ensure the appointment process in consonance with the independence and separation of judiciary it was recommended that instead of two most senior judges of the Supreme Court the number should be increased to four most senior judges.
When the Judicial Commission makes a recommendation for the appointment of any candidate as judges, and such recommendation is not agreed or agreeable by the Parliamentary Committee then the Committee shall give very sound reasons and shall refer the matter back to the Judicial Commission for reconsideration.
The Judicial Commission upon considering the reasons if again reiterates the recommendation, it shall be final and the President shall make the appointment.
The issue of elevation of a chief justice of high court or judge of the said court to the Supreme Court, if brought before the Parliamentary Committee and discussed is likely to be violative under Article 68. The said article stipulates: “No discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties.”
It was pointed that there was serious omission in clauses (9) and (10) of Article 175-A; as in the case of dissolution of the National Assembly, the composition of the Parliamentary Committee would be incomplete.
Around 20 petitions were filed in the SC challenging the amendment. Through these petitions, various petitioners have called in question provisions of Article 1,17,17(4), 27, 38, 45, 46, 48, 51, 58(2)(b), 62, 63, 63A, 91, 106, 148, 175, 177, 193, 203C, 209, 219, 226, 245, 260, 267A and 175-A. However, most of the petitioners challenged the new procedure of appointment of judges in the superior courts under Article 175-A.
The petitions were filed by Nadeem Ahmed Advocate through his counsel Akram Sheikh, District Bar Association Rawalpindi through Muhammad Ikram Chaudhry, Wattan Party through its chairman Barrister Zafar Ullah Khan, Supreme Court Bar Association through Hamid Khan, President Pakistan Muslim League-Zia Ijaz-ul-Haq. The PML-Z chief mainly objected to article 63A of the Constitution, which empowers a party leader to disqualify a party member from his membership to the parliament, even if he is not an elected representative.
J Salik, representing the minorities through his counsel Zulfiqar Bhutta, also filed a petition and challenged the amendment regarding the rights granted to minorities in the Constitution, while Salman Akram Raja represented the civil society groups. The government representatives defended the 18th Amendment, mainly arguing that Parliament had the supreme right to amend the Constitution and no institution could undo it.
The Punjab governmentÂ’s stand remained confused most of the time. Its Advocate General left it to the Supreme Court to decide the issues in any way it wanted while Shahid Hamid, who was separately hired by it for this case, stood for the ParliamentÂ’s right to amend the Constitution, which, he said, couldnÂ’t be taken away by any other state organ.
The hearing of 18th Amendment started on May 24 and continued with brief intervals for more than four months. After hearing Salman Raja on September 30, the larger bench reserved the judgment.
During this period, not a single judge to any superior court has been appointed as per the new procedure introduced by Article 175-A although many vacancies exist in high courts.
The serious issue of extension of 34 additional judges of the four high courts on expiration of their first one-year term was temporarily resolved by the apex court when it ordered that they should continue for the time being. This was done only because of the pending verdict on the 18th Amendment.
The short order stated that all the cases of fresh appointments of judges of the Supreme Court, Federal Shariat Court, High Courts of additional judges of the latter court shall be processed forthwith under Article 175-A.
The petitioners prayed for striking down 175-A and pressed the concept of basic structure. They referred to the judgments of Supreme Courts of India and Bangladesh where the amendments were struck down on the touchstone of basic structure. Counsel for the Federation Wasim Sajjad and Attorney General Maulvi Anwarul Haq and Additional Attorney General K K Agha argued striking down constitutional provision on the basis of concept of basic structure was alien to Pakistani jurisprudence and this court may not like to review its own judgments.
At this stage the court has not decided about the election of women and non-Muslim seats through proportional representation system, and authority of party head under Article 63-A, intra-party elections and issue of Khyber Pakhtunkhwa. The petitions have been adjourned till the last week of January, the date of that shall be decided later. The registrar of the Supreme Court has been ordered to send copy of this order to Chairman Senate, Speaker National Assembly, Mian Raza Rabbani, Advisor to the Prime Minister of the Special Committee of the Parliament for Constitutional Reforms and to the secretary law and justice.

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No conflict between judiciary, govt: Ramday

October 18th, 2010 | No Comments


ISLAMABAD – The Supreme Court on Monday adjourned the hearing of withdrawal of the notification regarding judges’ restoration sine die and observed that all the institutions of the state were bound to implement the apex court’s orders and the judgment in this regard had already been passed.
Chief Justice Iftikhar Chaudhary, heading a 17-member bench hearing suo motu case related to media reports alleging that the government was considering withdrawal of the notification, said the judiciary was performing its functions in accordance with the Constitution.
The CJ asked the Attorney General Anwar-ul-Haq, “Whether anyone from the government has desired to file a statement?” The AG replied in negative. He, however, said that a committee has been constituted to probe the authenticity of the news story, and submitted its interim report and sought time for submitting the final report. The court conceded to the request and adjourned the hearing for an indefinite period, but said on the receipt of report from the committee, if need be, the matter shall be heard in court.
Anwar informed the court that notices have been issued to Wamiq Zuberi and Fakhar Rehman to appear before the committee, set up to investigate the news, on October 23.
The Attorney General also told the court that in compliance with the court order of October 15, 2010, he has sent the order to 105 constitutional and state functionaries and administrative heads and also already sent the compliance report to the Registrar SC.
During the proceedings, Justice Javed Iqbal said last night (Sunday) one of the private TV channels claimed that the PM even signed judgesÂ’ withdrawal notification. The AG said that neither such kind of notification was issued nor the government had such intention.
The court expressed concern over the word ‘standoff’ mentioned in the inquiry committee report, and asked the AG, does it mean a conflict? Justice Khalil-ur-Rehman Ramday said if someone uses this kind of language in a public meeting, then one can understand its meaning, adding all the members of the committee were responsible persons. “Every day we hear that there was a war between judiciary and the executive.” He said show any judgment that reflects that there was a war or conflict between these two organs of the State.
He said that the court had left the matter of National Reconciliation Ordinance to the Parliament, but it did not approve it. He questioned if the court takes notice on promotion of a convict then should it be declared a war. On the rental power plants issue, a parliamentarian, Faisal Saleh Hayat, had filed a case in the court, Justice Ramday said, and added the court did not ask Opposition Leader in the National Assembly Chaudhary Nisar to challenge the appointment of NAB chairman in the apex court.
Some representatives of the lawyers community, who were present in the court room, wanted to talk on the executive order, but the Chief Justice stopped them, saying the matter has been decided.
Last Friday, the bench had passed a restraining order that withdrawal of the judges notification was not possible after the apex court had settled the issue in its July 31, 2009 decision while any ultra constitutional move against judiciary would be tantamount to treason under Article 6 of the Constitution.

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Withdrawal of judges restoration order to sabotage Constitution: SC

October 15th, 2010 | No Comments


ISLAMABAD – After hearing the judges’ notification case the whole day, the Supreme Court on Friday observed that the Chief Executive’s order has lost its efficacy, therefore, it can’t be restored and if such attempt is made it will be tantamount to throttling the judiciary and subverting the Constitution.
A 17-member in its short order regarding the withdrawal of judges’ restoration notification said: “No functionaries of the government including the head of state, head of government and any other functionary can restore or take any step for withdrawing the March 16, 2009 notification.” The SC verdict cautioned if such move was made, then it would tantamount to violating the Article 6 of the Constitution.
Attorney General of Pakistan Maulvi Anwar-ul-Haq was asked to submit a written statement signed by higher authority, not other than by the Premier himself, about the government’s policy on withdrawing the notification of judges’ restoration. The AG sought more time to file the response, saying Prime Minister Yousuf Raza Gilani was busy in some official engagements and could not spare time to write down the policy. He, however, said that the message has been conveyed to the Principal Secretary of the PM.”
The government through the Prime Minister has been directed to conduct an inquiry that how the news of withdrawing the notification spread and who is responsible for it.
When no statement from the Prime Minister, terming the news wrong, could be placed before the court, the Chief Justice remarked; “The news is not wrong. You tell us otherwise we will tell you as we have the material.” He added: “We don’t want to expose anyone but are showing restraint.”
When the bench asked the AG whether he has met the Prime Minister, his response was ‘No’. Justice Sair Ali expressed displeasure and asked what sort of meeting the Premier was attending that he even can’t spare two minutes.
Justice Asif Khan Khosa told the AG, “Your reluctance put fuel to the fire as it is not without the reasons because there was threat to the Constitution. He said that the statement could not be made that the Constitution will be followed. Justice Jawwad said that the executive order for the restoration of judges is “scrape of paper.” Every organ of the state has to abide by the Constitution.
Justice Saqib Nisar said that after the judgement in case of Sindh High Court Bar Association the executive order of March 16, 2009 has lost the efficacy. Is someone telling the Prime Minister about the complication and the implication of Article 6 of the Constitution?
The Chief Justice of Pakistan, judges of Supreme Court and the chief justices and judges of High Courts were restored through the executive order but it was not endorsed by the Parliament. But on July 31 the Supreme Court in Sindh High Court Bar Association case had passed a judgment and declared illegal all the actions of General (Retd) Pervez Musharraf taken on November 3, 2007 and later.
Prime Minister Gilani himself had stated in the Parliament, “Judges were restored through executive order, which has not been sanctified by the Parliament.” The private TV channels aired the news and the denial was issued from the PM, saying that there was no truth in it and that the government has no intention to withdraw the notification.
The court observed that despite that the news was flashed on private TV channels that the government with the consultation of the most senior lawyer of the country and the law minister has decided to withdraw the notification.
It happened so many times when the high profile cases were heard by the court and also before and after the October 13 when the NRO case was heard by the SC the news of withdrawing the notification was discussed.
During the proceeding, the Attorney General was questioned that after judgment in SHCBA case what authority was left to the government to withdraw the notification, but he could not satisfactorily answer the queries.
Before the interval proceedings, Attorney General for Pakistan Maulvi Abwarul Haq submitted that the government does not have any intension to withdraw the notification of the restoration of the judges of the superior court and further said that mala fide is being presumed through the news report, aired on various TV channels.
Justice Saqib Nisar asked the AG to give his statement in order to finish the mala fide and the government will issue the statement then.
Justice Javed Iqbal said that the then Attorney General in MusharrafÂ’s era had also made such a statement that nothing will happen but the next date judges were sacked and confined them in their houses. He said that the court had given full chance to the government in NRO case and today too we are giving you a chance to contact the government.
“We are also patriotic like other citizens of the country and if someone has any complaint against any judge than Article 209 of the constitution could deal it,” Justice Javed said.
He further said that the apex court was taking steps as billions of rupees corruption is being made and if anyone violates the Constitution then Article 6 is there.
The AG replied that the apex court had shown grace on October 13 by giving time to the government. “We did not oblige anyone. We believe in the Constitution and we shall be run by rule of law and Constitution”, the Chief Justice remarked adding that action would be taken against those found guilty.
The Chief Justice further observed that literally the court is being abused but despite of that we are showing tolerance and we are here to strengthen and protect the institutions.
Meanwhile, the court directed Attorney General to produce before the court a written statement signed not other than by the premier himself about the governmentÂ’s policy regarding the notification of restoration of judges.
Qazi Anwar, President Supreme Court Bar Association, while appearing before the court submitted that in the first week of June the Prime Minister had made a statement saying that judges were restored by his own order and his order has not been validated by the Parliament.
Till yesterday morning, Qazi Anwar said that from Islamabad to Karachi there was a news circling of governmentÂ’s alleged standing against the judiciary.
Justice Arif Hussain Khilji remarked; “Are we sitting here under the Constitution or notification of Prime Minister?”
Qazi Anwar said that the government was bent upon testing nerves of the legal fraternity, however, he pledged that they would not allow anybody to hatch this kind of conspiracy.
“We were quite docile as Aitzaz Ahsan had filed an application on November I, 2007, fearing of happening something like this but we did not pay any heed to it and consequently we all were confined and thrown out of court”, Justice Khalil-ur Rehman Ramday observed. He said that having experience of the past, we can’t keep ourselves aloof any more.
Later, the hearing was adjourned till October 18 with the instruction that a clear-cut policy statement must be submitted on the next date of hearing.

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SC larger bench formed to hear case today

October 14th, 2010 | No Comments


ISLAMABAD – A 17-member bench of the Supreme Court was constituted on late Thursday night to hear the case of withdrawing the notification/executive order, dated March 16, 2009, regarding restoration of the Chief Justice of Pakistan, other judges of the Supreme Court of Pakistan and chief justices/judges of the High Courts.
Prime Minister Yousuf Raza Gilani on March 16, 2009 had issued the order for the restoration of the Chief Justice of Pakistan, other judges of the Supreme Court of Pakistan and chief justices/judges of the High Courts.
Notice has been issued to Attorney General of Pakistan. All the 17 judges of the Supreme Court including Chief Justice Iftikhar Muhammad Chaudhry held an important meeting here at the Supreme Court premises on late Thursday night.
Some sources say that Justice Javed Iqbal was not present which was vehemently denied by the Supreme Court official. They said all the judges participated in the meeting.
Some private TV channel on Thursday alleged that the Government was considering to withdraw the notification/executive order dated March 16, 2009 of restoration of the Chief Justice of Pakistan, other judges of the Supreme Court of Pakistan and chief justices/judges of the High Courts. Some newspapers have already reported this issue as well. Earlier on, a few months ago, a similar statement was made by one of the high constitutional office holders in the Parliament.
As the news item was flashed by other TV channels, some channels have also telecast denial on Thursday (14.10.2010) from the Government, saying that there was no truth behind the said news.
PM Gilani said that he had taken notice of the issue of withdrawal of notification of judgesÂ’ restoration and such news could widen gulf between the Government and the Judiciary.
Terming the reports of media as baseless, the PM said that the Government respected constitutional institutions and PPP always respected the judiciary and gave sacrifices for its independence. He said that every conspiracy against the Government and Judiciary would be foiled. Elements behind this conspiracy want to destabilise the country but they cannot be succeeded, he added.
It may be clarified that the issue of restoration of judges through notification has already been conclusively settled by the Supreme Court of Pakistan in its judgement dated July 31, 2009 in the case of Sindh High Court Bar Association versus Federation of Pakistan (PLD 2009 SC 879) that: “The Proclamation of Emergency issued by General Pervez Musharraf as the Chief of Army Staff (as he then was) on November 3, 2007; the Provisional Constitution Order No. 1 of 2007 issued by him on the same date in his said capacity; the Oath of Office (Judges) Order of 2007 issued by him also on the same date though as the President of Pakistan but in exercise of powers under the aforesaid Proclamation of Emergency and the Provisional Constitution Order No. 1 of 2007; The Provisional Constitution (Amendment) Order, 2007 issued by him like-wise on 15.11.2007; the Constitution (Amendment) Order, 2007 being President’s Order No. 5 of 2007 issued on November 20, 2007; the Constitution (Second Amendment) Order, 2007 being the President’s Order No. 6 of 2007 issued on 14th December, 2007; the Islamabad High Court (Establishment) Order 2007 dated 14th December 2007 being the President’s Order No. 7 of 2007; the High Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No. 8 of 2007; the Supreme Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No. 9 of 2007 dated 14th December, 2007 are hereby declared to be unconstitutional, ultra vires of the Constitution and consequently being illegal and of no legal effect.
As a consequence thereof, the Chief Justice of Pakistan; the judges of the Supreme Court of Pakistan; any Chief Justice of any of the High Courts and the Judges of the High Courts who were declared to have ceased to hold their respective offices in pursuance of the aforementioned alleged judgements or any other such judgement and on account of the instruments mentioned in Para
21 above, shall be deemed never to have ceased to be such Judges, irrespective of any notification issued regarding their reappointment or restoration.”
It may be stated that the issue of appointment or removal of judges is clearly prescribed by the Constitution of Pakistan, which has been elaborated through successive verdicts of the Supreme Court. The Supreme Court has held time and again that a judge of the superior judiciary may not be removed except on the grounds and as per procedure laid down in Article 209 of the Constitution.

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Govt fails to get more time

October 11th, 2010 | No Comments


ISLAMABAD – The federal government suffered another setback when the Supreme Court on Monday declined the Federation’s request to adjourn the NRO review petition and decided that the proceedings of both the NRO review and implementation cases would be held as per schedule tomorrow (October 13).
A three-member bench headed by Chief Justice Iftikhar Chaudhary and comprised Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday observed that the Federation was adopting delaying tactics regarding the NRO cases.
The court observed that petitioners like Ahmed Riaz Sheikh, Khawaja Adnan and many others, whose cases are pending, have not applied for adjourning the hearing, therefore, the review of December 16, 2009 verdict and all the other petitionersÂ’ cases regarding implementation of NRO judgment would be heard by a larger bench on October 13. On September 27, 2010, Attorney General Maulvi Anwar-ul-Haq had requested the court to adjourn the NRO implementation cases and hear it along with the NRO review petition, which is pending before the court.
Salman Akram Raja opposed the adjournment and said: “The Federation was making an attempt to prolong the decision on NRO judgment for one or the other excuses.” He said that the application moved by the Federation is only for the review and not for the implementation of the December 16, 2010 judgment.
When the proceedings started on Monday, Raja Abdul Ghafoor Advocate on Record (AOR) submitted copies of the notifications dated October 06, 2010 and October 10, 2010 issued by the government for the appointment of Kamal Azfar as Advisor to Prime Minister. According to the first notification, Kamal Azfar was appointed advisor to PM with immediate effect, while the second notification, signed by Joint Secretary of Cabinet Division, mentioned that Kamal Azfar has been appointed PMÂ’s Advisor on National Disaster Management.
The court observed that due to the NRO cases the whole government machinery came into action in order to prepare terms and conditions of the advisor even on Sunday, which was a holiday. The Chief Justice said: “Till October 6 the government did not know what task should be assigned to Barrister Kamal.”
Kamal Azfar on September 15, 2010 had moved an application for the adjournment that from 22-09-2010 to 10-10-2010 he would be out of country and the court accepting his request granted him the leave.
In Dr. MubashirÂ’s petition, whose judgment was announced on December 16, 2009, Kamal Azfar appeared before the court on behalf of the Federation.
The Chief Justice asked why there was such an emergency that the government had to appoint an advisor for flood victims and the notification could have been issued a few days later, suggesting the government to withdraw the notification.
The court maintained that as far as the Federation is concerned, it is not an ordinary litigant appearing before the court, therefore, it should have followed its review petition and implementation proceedings in all seriousness but without reiterating anything in this behalf the facts narrated are sufficient to speak for themselves. It is to be noted here that the process relating to implementation of NRO judgment is also continuing and is being delayed for one or the other reasons.
The court asked Raja Abdul Ghafoor that the NRO review petition and the NRO implementation cases have been fixed before a 17-member larger bench, therefore, he should put forward some solid justification for issuing the notification in emergency.
The AOR could not answer satisfactorily except saying, “Barrister Kamal Azfar has been given the task of Disaster Management with the status of Federal Minister, therefore, he would not be available for arguments.”
Justice Ramday observed, “The government has to suffer this kind of allegation that the Federation is devising tactics to delay the judgment.”
Like Ghafoor the Attorney General also did not have any answer expect saying, “Adviser to Prime Minister has a grace period of one month under Rule 108-O of Pakistan Legal Practitioners & Bar Councils Rules, 1976, otherwise he will be penalised for the same.”
Interestingly no individual i.e. Ahmed Riaz Sheikh and Adnan A. Khawaja have ever prayed for postponement of the proceedings but it is the Federation, which is making attempts for prolonging the matter for one or the other reasons.
It is important to note here that there is not only one application, which has been filed for review but there are some other connected matters i.e. CMAs 100/2010, 246, 248/2010, CM. Appeal Nos.14 & 77/10 etc. filed by Malik Muhammad Qayyum, Abdul Basir Qureshi and other persons.
They have not moved any request for adjournment because we believe that after the date has been fixed everyone is ready to put up his case before the court. A 17-member bench has already been constituted to commence the hearing of the proceedings relating to implementation of the judgment as well as the review petition, in respect whereof order was passed on September 27, 2010, therefore, request so made on behalf of the Federation of Pakistan is accordingly declined.”

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Supreme Court rejects plea to defer Ayodhya verdict

September 28th, 2010 | No Comments

Rejecting an appeal that sought to defer the Allahabad Court’s verdict on Ayodhya-Ramjanambhoomi title issue, the Supreme Court on Tuesday gave its nod to the court’s Lucknow Bench to go ahead with its announcement of the judgment in the case. Retired bureaucrat Ramesh Chandra Tripathi had petitioned in the court to defer verdict to allow [...]

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Govt gets breathing space

September 27th, 2010 | No Comments


ISLAMABAD – A three-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry Monday directed Attorney General for Pakistan and National Accountability Bureau (NAB) to submit complete parawise details of foreign accounts of NRO beneficiaries including President Asif Ali Zardari along with the cases pending in the foreign courts.
The Court till October 13 adjourned the hearing in its suo moto case against non-implementation of its order of December 16, 2009, declaring National Reconciliation Ordinance (NRO) as ultra vires to certain provisions of the Constitution.
The bench expressed grave concern over the movement of money after defreeze of accounts as it was done on the request of former attorney general Malik Qayyum. The Chief Justice observed that Malik Qayyum was not authorised to write letter to the Swiss authorities and he caused huge financial loss to the national exchequer.
The Court accepted the GovernmentÂ’s plea, requesting for adjournment of the non-implementation of the CourtÂ’s order on NRO till final decision of the GovernmentÂ’s review petition on NRO.
Attorney General for Pakistan Maulvi Anwar-ul-Haq on behalf of the Government filed a petition requesting for adjournment of the case till the adjudication of the FederationÂ’s review petition on NRO judgement of December 16, 2009.
In its application, the Federation has prayed, “The Prime Minister had been busy in connection with the affairs of the state and inter alia, with the flood situation and international commitments and wishes to further consider and discuss the legal aspects of the matter.”
At the outset of the hearing, the Court asked the Deputy Prosecutor General NAB Raja Aamir Abbas to read out the paragraphs from 171 to 178 of the apex court judgement given on NRO on December 16, 2009.
Aamir submitted list, which contained names of 36 government officials and politicians, convicted in different cases who have benefited from NRO but their cases were revived after SC December 16, 2009 verdict.
He stated that according to Section 15 of National Accountability Ordinance (NAO), these convicted persons had automatically been disqualified for holding any public offices for a period of 10 years. He informed that they had asked the Establishment Division to identify some 240 government officials whose cases were pending before the accountability courts.
Raja Aamir further told that they had informed Capital Development Authority (CDA) to confiscate properties of the convicted persons and he also placed record copy of letter addressed by NAB to Chairman CDA.
The Court also asked NAB Deputy Prosecutor General about the details and progress in connection with the illegal duties performed by Acting Chairman NAB. Raja Aamir, however, replied that DG HR and DG Operation NAB was responsible, as they had not replied so far.
The Chief Justice asked the Attorney General about the progress regarding the appointment of new chairman NAB. The AG, however, said the process was under progress. Justice Iftikhar told the AG that during the hearing of Bank of Punjab case, he had informed the Court that it was matter of a few days but months had been passed and no development had been made so far.
The Chief Justice also enquired about cases, pending in foreign courts. “How many cases are pending in foreign countries? After all properties belong to this nation and public,” the CJ asked Attorney General.
“What about former Attorney General Malik Qayyum? Have you proceeded against him for communication to the foreign countries for closing of cases?” the CJ asked Attorney General Maulvi Anwar-ul-Haq.
He is equally responsible for holding communication to Swiss authorities, the CJP added. Attorney General however, replied that they had sent a reference against Malik Qayyum to Pakistan Bar Council.
The Chief Justice further asked AG about the movement of the money frozen in foreign banks. He observed as to what the FIA had done so far for nabbing those persons who were also claimants of that money. There were some persons whose trial were conducted, the CJP asked the AG, adding that as to what action was done by FIA against Malik Qayyum as well.
“The FIA has told us that NAB has to take action against Malik Qayyum,” the AG replied. Raja Aamir, Deputy Prosecutor General NAB, however, informed the Court that Secretary Law had been asked to lodge a request to proceed against Malik Qayyum.
During the course of the hearing, Attorney General Maulvi Anwar-ul-Haq informed the Court that as FederationÂ’s counsel Kamal Azfar was out of country therefore, the matter for implementation of the CourtÂ’s order on NRO be adjourned till the final decision of the FederationÂ’s review petition pending before the Court.
The Court asked the learned AG as to what could be possible date for resuming hearing of review petition on NRO. The Chief Justice first said October 12 but suddenly said no October 12 was a bad day hence October 13 would be the next date of hearing for resuming review petition of the Federation on NRO and adjourned the hearing till October 13.
The Court directed NAB and Attorney General to submit province-wise details of all the cases which were pending against the people who had gotten benefited under NRO.

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Gilani forces minister to resign

September 25th, 2010 | No Comments


ISLAMABAD/Quetta – In a shocking move, Saturday night, Prime Minister Syed Yousuf Raza Gilani forced Minister for Defence Production Abdul Qayyum Jatoi to resign after he failed to give a satisfactory explanation on his critical remarks he gave about the Army and Chief Justice of Pakistan earlier in the day.
Following the provocative and irresponsible statement against the state institutions and very person of Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, Jatoi was summoned to Federal Capital by Prime Minister Syed Yusuf Raza Gilani and on finding his clarification on the matter as unsatisfactory, the PM sought his resignation as Federal Minister.
Earlier, speaking during a news conference at Bugti House in Quetta, Qayyum Jatoi had castigated Chief Justice Iftikhar Muhammad Chaudhry and also slated the hearings of fake degree cases.
On the occasion, he claimed that the CJP belonged to Faisalabad but was appointed on a bogus domicile, showing him as a resident of Balochistan, he said while responding to a query about the hearing of fake degree cases at Bugti House in Quetta.
To another question, Jatoi said the PPP was neither scared of the Army nor the sound of boots, adding that the uniforms and the boots had not been provided to the Army to use them against their own men or to kill them but to serve the nation and ensure security at the borders. He added that Pakistan PeopleÂ’s Party would never be deterred by the ArmyÂ’s intervention, adding that Nawab Akbar Khan Bugti was killed by the Army while the country also lost the top popular leaders including Shaheed Zulfikar Ali Bhutto and Shaheed Benazir Bhutto because of the same forces.
The PPP-led coalition government had already decided that no institution would be allowed to go beyond the prescribed limits, he said. He said the PPP had been made accountable the very day of its inception but no one had ever dared to ensure accountability of judiciary, bureaucrats and dictators.
Jatoi also vowed that his party would never bow to any institution or powerful quarter.
Answering another query, Jatoi said accountability should not be specific to a particular individual or group, as the process must be all-encompassing without any discrimination, adding that Punjab has 65 per cent of population, but controlling the country for the last 65 years, which would take time to end the control.
He answered another related question saying, “The right of corruption had been given to the specific people and I believe that every person whether he is Baloch, Sindhi, Seraiki, Pakhtun or Punjabi should be given an equal right to do corruption in order to ensure equality.”
He said that the government would resist the elements trying to dismantle the present democratic set-up. The Muslim League was the B-team of establishment and there would be no democracy in case it came into power, he claimed.
Former premier Mir Zafarullah Jamali, ex-chief minister Jam Muhammad Yousuf and current Governor Khyber Pakhtunkhwa Owais Ghani were the establishment’s products, he remarked and claimed that they involved in the assassination plot of Nawab Akbar Bugti. “Nawab Bugti was assassinated by the Army on the directives of Gen (Retd) Pervez Musharraf, who was the then Chief of the Army Staff,” he said, adding the government would arrest him on his return to the country.
He said Pakistan was fighting the war against terrorism with Chief of the Army Staff General Ashfaq Parvez Kayani as the commander; therefore, his service was extended.
The Minister said the PPP leaders and workers had always struggled against dictatorship and sacrificed their blood. “We have given numerous sacrifices for the country and would continue the same. We are also fighting against the forces hell-bent to undermine the country,” he added.
Earlier, he offered fateha for the departed soul of Akbar Bugti. Jamhoori Watan Party (JWP) chief Talal Akbar Bugti and Shahzain Bugti were also present on the occasion.
Our monitoring desk adds: Later, talking to a TV channel, Jatoi said the Prime Minister had the authority to remove him from the office. But, he said, the views he had expressed were his personal opinion and there should be no curb over freedom of expression.
He said he was ready to appear before any court if he was asked to clarify his stance.
Meanwhile, PPP leadership has dissociated itself from the recent remarks of Abdul Qayyum Jatoi.
Commenting on the remarks of Jatoi, Central Information Secretary of Pakistan PeopleÂ’s Party Fouzia Wahab termed it highly irresponsible and provocative, and completely disowned it and termed the statement as personal views of the Minister.
PPP Senator Faisal Raza Abidi said that he was not in picture in what circumstances the Minister had given such an irresponsible statement and made it loud and clear that the party leadership had nothing to do with it.
He said that PPP believed in respect to all state institutions and the party could not support such a move by any of its party members or ministers.

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SC sends Brig Imtiaz, Adnan Khawaja to jail

September 21st, 2010 | No Comments


ISLAMABAD – Former Managing Director Oil and Gas Development Company Limited (OGDCL) Adnan A Khawaja and former head of Intelligence Bureau (IB) Brig (Retd) Imtiaz Ahmed were arrested from the courtroom on Tuesday on the order of a three-member bench of Supreme Court.
The bench, comprising Chief Justice Iftikhar Mohammad Chaudhary, Justice Tariq Pervaiz and Justice Ghulam, was hearing a suo moto notice on the reported appointment of Adnan Khawaja as chairman OGDCL by the government.
The apex court also ordered seizure of the properties of both the men and rejected AdnanÂ’s bail plea. The court ordered Adnan Khawaja to submit a fresh surety bond in the SC while Brig Imtiaz had been asked to submit the bond in Lahore High Court within three days. Both the men were later shifted to Adiala Jail.
The Chief Justice asked Khawaja how did he obtain the posts – Managing Director OGDCL and chairman National Vocational & Technical Education Commission (NAVTEC) despite the fact that he, as NAB convict, was disqualified to assume such a post for ten years.
Khawaja was disqualified for a period of ten years from seeking or being elected, chosen, appointed or nominated as member of any public office, any statuary or local authority of government of Pakistan or granted any financial facilities in the form of any loan by any government bank.
ItÂ’s worth mentioning here that in the wake of the suo motu notice taken by the apex court and the subsequent revelations in the media, the government had cancelled the appointment of Adnan Khawaja as chairman OGDCL, only a day after he assumed the charge.
Appearing before the bench, Raja Aamer Abbas, Additional Prosecutor General NAB, informed the court that as per directives of SC he had obtained details from the Central Jail, Rawalpindi, according to that convict Brig. (Retd) Imtiaz Ahmad had already undergone sentence of 4 years, 5 months and 14 days whereas remaining part of his sentence is 3 years 6 months and 16 days, if fine is paid.
Brig (Retd) Imtiaz was sentenced in the NAB Reference No. 21 of 2000 for 8-year RI along with a fine of Rs 70,00,000 under Section 382-B Cr.P.C. by the Accountability Court, Rawalpindi, on 31.07.2001. He was released from jail on bail by the Lahore High Court vide order dated 08.06.2002 passed in Cr. A. No. 1096-M of 2002.
Similarly, co-accused Adnan A Khawaja was sentenced to 2-year RI with a fine of Rs 200,000 under Section 382-B Cr.P.C. by the Accountability Court, Rawalpindi, and out of his total sentence, he has already served 1 year, 1 month and 8 days, including the remissions, whereas the remaining portion of his sentence is 10 months and 22 days, if fine is paid.
After promulgation of the National Reconciliation Ordinance both Brig (Retd) Imtiaz and Khawaja claimed benefit of the same and ultimately vide judgment dated 04.12.2008 passed by the Islamabad High Court, they were acquitted of the charge. But the NRO was declared ultra vires in the SC judgment on December 16, 2009 as a result of that their acquittal was set aside.
During pendency of the appeal filed by Adnan A Khawaja before the High Court, his sentence was suspended by this court vide order 06.02.2002 passed in Cr. Appeal No. 22 of 2002 on furnishing surety bonds.
After getting acquittal from the Islamabad High Court vide judgment dated 04.12.2008 Khawaja was appointed as Chairman NAVTEC. After the declaration of NRO ultra vires of the Constitution vide the judgment dated December 16, 2009, he continued to perform his functions as chairman NAVTEC, although he was debarred from holding any public office for a period of 10 years, in terms of the National Accountability Ordinance, 1999.
Not only this, on September 07, 2010, he was appointed as Managing Director OGDCL. Therefore, in pursuance of the information so communicated widely, his case was taken up and it was noticed that he is enjoying the position contrary to the judgment of the Accountability Court and when the notice of the matter was taken by this Court, the competent authority of the government of Pakistan rescinded the notification of his appointment.
The Chief Justice said that it was moral duty to relinquish the job after the judgment. Raja Amir said that even the High Court judgment he was debarred from holding any government post.
Justice Tariq Pervez remarked, “After December 16, 2010 judgment you both – Khawja and Brig (Retd) Imtiaz – should have got the bail on fresh surety bonds, but that did not happen.”
Khawaja said, “My legal advisors had asked me not to worry and do not need to apply for fresh surety.” Brig (Retd) said, “I was not aware that the NAB case would revive after the SC judgment.”
The court observed that unless fresh surety bonds are not furnished their bail could not be extended. Therefore, police were ordered to take them into custody and send them to jail.
Ismail Qureshi, Secretary Establishment, has furnished the explanation, which would be considered on the next date of hearing.

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Supreme Court: Corporations Can Buy Judges

September 9th, 2010 | No Comments

You’ve heard that a recent Supreme Court decision said that corporations can give unlimited funds to politicians.But did you realize that it said that corporations can give unlimited money to judges?As William K. Black – professor of economics and law,…

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Gilani urges more talks with India

July 17th, 2010 | No Comments


LAHORE (Agencies) – Prime Minister Syed Yousuf Raza Gilani Saturday called for more dialogue with India, a day after Foreign Minister Shah Mehmood Qureshi accused New Delhi of limiting a talks process.
Gilani said he believed India remained committed to the talks. “We want dialogues, they (India) too want dialogues, so when there will be talks then we will discuss all issues. At this point I cannot say something in the air,” Gilani told reporters after an official function at Balloki, near Lahore.
“They (India) had told us that they want to talk on all issues and I am sure that Indian prime minister is an honourable man and he will fulfil all his commitments,” Gilani said.
Gilani said that Manmohan Singh had assured him that all issues between the two countries would be discussed. He was referring to the meeting between the two in Thimphu on the sidelines of the SAARC summit in April.
Gilani said Pakistan wanted good relations with India and both countries were sincere in improving ties. He was talking to the media after inaugurating an independent power plant with generation capacity of 225 MW.
“It was our desire that India along with its people and we along with our people hold talks to improve relations between the two countries.”
To a question, the PM said that he had good relations with the judiciary and one can also ask from the Chief Justice of Pakistan about it.
Regarding the murder of BNP leader Habib Jalib Baloch, he said that law and order was a provincial matter and he had talked to the Balochistan Chief Minister who, he said, had ordered a judicial inquiry into the matter. The Prime Minister said that PPP did not believe in politics of violence and condemned it.
To another question, the premier said that the PPP government did not believe in victimisation and that was why there was not even a single political prisoner in the country in the PPP government.
To a question, he said, “The HEC chairman wished to meet me and I will soon meet him to know about his problems.” He said the HEC chairman’s brother was not being victimised as the PPP did not want to earn a bad name.
To yet another question, the prime minister said that wishes of mid-term polls would not be fulfilled and wherever anyone was disqualified, by-polls would be held.
He said that terrorists were beasts and talks could not be held with them, adding that talks were held with human beings.
Regarding terrorism in Punjab, the Prime Minister said, “whole Pakistan is ours and terrorism is a collective issue. And where there is terrorist we will take action.”
Earlier, addressing the inaugural ceremony of 225 MW Orient Combined Cycle Power Plant, Gilani said the government had prepared a comprehensive plan to double the power generation capacity within next ten years by initiating projects that could add a minimum of 20,000 MW by the year 2020. He said the plan was in addition to the projects already under construction.
Gilani said, “20,000 MW addition would comprise 6,000 MW on hydro, 6,000 MW on coal, 5,000 MW on gas, 1,000 MW on Naptha and other indigenous fuels while the remaining 2,000 MW from alternative energy resources, especially solar and wind.”
The prime minister said while translating the vision 2020 into reality, the govt had so far added a total of 1,708 MW through a combination of hydel and thermal sources, which included rehabilitated capacity of the existing Generation Companies (GENCOs), adding that another 2,795 MW of capacity additions were likely to be completed by December this year with an investment equal to US$ 5 billion.
He said, “We will ensure maximum efficiency gains in our generation, transmission and distribution systems.”
Gilani said the government would add to conservation drive through induction of energy savers, solarisation of water heating and irrigation pumps.
He said the 225 MW Orient Combined Cycle Power Plant was the fifth one after the Attock Power, Atlas Power, Nishat Power and Korangi Combined Cycle Power Plant launched by the present government in just one and half year.
He appreciated the intention of the sponsors to launch the second phase of the plant after confirming the gas supply.
Referring to the constrained gas supply, the prime minister said the govt had been making earnest efforts to import gas from the neighbouring countries, which would primarily be dedicated to the power sector.
Gilani thanked the primary sponsors of the project, including the
OmanÂ’s govt through Oman Oil Company and the German govt through Development Finance Institution (DEG).
“We cherish our relationship with both the friendly countries and projects like these are a demonstration of our commitment to foster economic ties amongst our respective govts,” he remarked.
Premier Gilani said most of the projects being implemented had been financed with local bank debt, which in the longer term was good for the economy because it reduced foreign exchange burden.
He said the focus on the countryÂ’s indigenous resources would not only decrease the burden on balance of payments but also lower the cost of power generation and provide the much-needed relief to the people.
“We also intend completing the projects designed to import hydro electricity from Central Asia and other countries as a part of low-carbon strategies,” he added.

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CJ observes problems in 18th Amend

July 6th, 2010 | No Comments


ISLAMABAD – Analysing the criteria of judges’ appointment on Tuesday, Justice Khalil-ur-Rehman Ramday, one of the members of the 17-judge larger bench hearing certain clauses of the 18th Constitutional Amendment, remarked that the people who had been accused of murders were made judges in the past while 150 years old tradition of consultation had been eliminated in the new process of judges’ appointment.
A 17-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry has ordered the Attorney General to prepare a questionnaire to respond the doubts and ambiguities in this regard and the Court also suggested the AG to share the details of proceedings with Senator Raza Rabbani.
The Chief Justice said that the purpose of hearing to Raza Rabbani was to make clear the prevailing doubts and controversies and was not to destroy the system, adding, “Rabbani as a lawyer will assist us and interpretation of Constitution is the duty of the Court.”
Justice Ramday said, “We should have clear-cut policy, as the policy of appeasement is not a viable option.”
Resuming his arguments, the counsel for bar associations, Hamid Khan, said, “There are certain portions of the newly introduced Article 175-A, which clearly violate the basic feature of the independence of judiciary and the principle of separation of judiciary from other organs of the state.” He said that inclusion of the law minister and the attorney general in the judicial body was equal to snapping of judiciary’s freedom and was also against the doctrine of separation. The attorney general’s presence in the commission is also against the independence of judiciary as under the Clauses 2 and 3 of the Article 100, the AG is part of the Executive. The AG works under the Ministry of Law. But his inclusion in the commission clearly mutilates and disrupts the basic features of the Constitution, he argued.
Justice Nasir-ul-Mulk asked if there was a commission, then how the idea of parliamentary committee was workable. Hamid Khan replied that it was not workable.
Justice Asif Saeed Khosa remarked that the Law Minister and the AGÂ’s appointments were being made on temporary basis while judgesÂ’ appointments were made for a particular tenure. In such a situation how they could make consultees while such powers were not extended to acting chief justice.
Jawwad S Khawaja said that seats of the AG and the DAGs had been like musical chairs for the last six moths, SC orders were not being obeyed and the AG also could not ensure the implementation.
The Chief Justice said the AG, according to his/her oath, was not like judges. “How can a person who is not under an oath can be relied? Similarly, a retired judge is also not under any oath. In their presence secrecy of the forum can not be ensured. These are the technical problems, which should be examined,” the CJ observed.
Justice Tasaddaq Hussain Jillani enquired, “If the law minister and the attorney general are excluded from the Judicial Commission, then the lawyers’ community will have no objection?” Hamid replied, “Yes.” Justice Saqib Nisar asked, “Will the bar agree if collegiums of five senior most SC judges is formed?” Hamid replied this aspect was not before the Court and presently he was seeking review of present provisions of the Constitution. Hamid Khan completed his argument.
Justice Asif Saeed Khosa asked if it was accepted that bar was a stakeholder, then representatives of the litigants were also stakeholders.
Justice Saqib Nisar said every system and every society had its own norms but independence of judiciary and fundamental rights must be protected.
Justice Javed Iqbal said the procedure of judgesÂ’ appointment was not free of faults even in the past.
Justice Shakirullah Jan said in the old procedure, administration had begun the process of judgesÂ’ appointment and this was the reason of consultation but in the new process, judiciary would appoint the judges.

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