Bosnia is taking over the UN Security Council presidency amid concerns that the “complicated political situation” at home could have a negative impact.
However, politicians in Bosnia-Herzegovina – made up of the Serb Republic (RS) and the Muslim-Croat Federation – mostly believe that the UN task will be performed successfully.
Posts Tagged ‘S.C.’
Bosnia takes over UN SC presidency
January 1st, 2011 |
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SC refuses to strike off Allahabad HC â€â€something is rottenâ€â€ remark
December 10th, 2010 |
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The Supreme Court on Friday refused to strike off the stinging remarks it made against the Allahabad High Court. The judge said that it is not a time to react but to introspect and not all judges are bad, there are good judges also. The Allahabad High Court had filed an application that asked for [...]
SC orders RPPs to return money
December 8th, 2010 |
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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.
Sol Driven Train NYE in SC
November 30th, 2010 |
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TWO NIGHT NYE RUN AT THE CHARLESTON POUR HOUSE
 Sol Driven Train |
Sol Driven Train will
bookend the year with two shows at The Charleston Pour House in Charleston, South Carolina on December 30 and
December 31.
On Thursday December 30, Sol Driven Train will be joined by Greensboro NC’s Holy Ghost Tent Revival. James Justin
Burke and Co kicks off NYE in style by bringing his cool combination of country and soul tunes to the Pour House
deck for an early acoustic show.
Dangermuffin joins Sol Driven Train
on the Pour House main stage on December 31. Two nights in Charleston with four
of the region’s most outstanding bands is a great way to close out 2010 and get ready for 2011.
Thursday December 30
Sol Driven Train with Holy Ghost Tent Revival
Doors at 8pm
Showtime is 9pm
Tickets are $12
Friday December 31
Sol Driven Train with Dangermuffin
James Justin Burke and Company perform on the deck from 6-9pm
Doors at 8pm
Showtime is 9pm
Tickets are $18.00
Sol Driven Train
Tour Dates
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Sol Driven Train News
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Sol Driven Train
Concert
Reviews
Gym and restaurants the first commercial tenants at SC Global’s Martin No. 38
November 24th, 2010 |
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SC Global, the developer of luxury residences, says The Mill, a gym run by Fitness factory, and two restaurants, Graze and Kha, will open early next year to coincide with the launch of the commercial space at its Martin No. 38 condo located near the Singapore River.
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The Work’s 2010 Christmas Jam Benefit Concert in SC
November 22nd, 2010 |
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GOOD MUSIC AND A GOOD CAUSE
 |
The Greenville-based, six-piece band The Work return to The Handlebar again for their 9th Annual Christmas Jam Benefit Show, an Upstate tradition since 2002. This Feature Holiday Event will take place on
Saturday, December 18, 2010 at The Handlebar in Greenville, SC and all proceeds raised go to benefit the Ronald McDonald House Charities of the Carolinas, a “home away from home for families of critically ill children receiving treatment at area hospitals.”
Tickets available here.
Christmas Jam 2010 Artist Line-Up (To Date)
The Work
Larry Keel & Natural Bridge
New Grass Revival’s Curtis Burch
Shane Pruitt Band
Delta Moon’s Tom Gray
Doug Jones
Jonathan Lloyd
Jeff Holland
Tez Sherrard
Plus many more TBA
The members of The Work always look forward to the event and according to band’s Charles Hedgepath, Christmas Jam has “become an instantly recognizable annual event that each year, each jam has outdone the last. Fans look forward to the event year round and it’s an added fundraising bonus for our charity of choice. This gives the events roots within the community that each year I believe get stronger.”
Fellow band member Craig Sorrels agrees, “The Christmas Jam is quickly becoming one of the biggest events of the year in Greenville for music. And is great for the music scene here in general. You will be pressed hard to find another event all year that brings in so many world class musicians into one building for one performance all together and do it all for a good cause. It means fellowship, and an opportunity to give back to a community that continues to support us over the years.”
In its previous 8 years of operation, The Work’s Christmas Jam has raised $40,000 for local charities.
UN SC extends EUFOR mandate
November 19th, 2010 |
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The UN Security Council has extended the mandate of the European Union Force (EUFOR) in Bosnia for another year, it was stated in New York. EUFOR took over the peace mission from SFOR – the NATO-led stabilization forces in BiH in 2004. Their purpose was to ensure compliance of all sides with the Dayton Peace Accords.
SC won’t tolerate corruption
November 17th, 2010 |
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ISLAMABAD – The Supreme Court on Tuesday directed Director General Federal Investigation Agency (FIA) to arrest the main culprits — Chairman National Insurance Company Limited (NICL) Ayaz Khan Niazi and Mohsin Warraich — in the NICL scam without delay.
A three-member bench of the apex court, headed by Chief Justice Iftikhar Mohammad Chaudhry and comprising Justice Shakirullah Jan and Justice Nasir-ul-Mulk was hearing a suo motu case regarding violation of rules by NICL chief in procuring land and property within and outside the country at high rates that cause huge financial loss to the national exchequer.
During the proceeding, DG FIA Waseem Ahmed informed the bench that they have arrested 10 persons including Habibullah Warraich and the Interpol had issued a red warrant for the arrest of his son Mohsin Warraich. He said the persons arrested are of first tier involved in the scam. FIAÂ’s Director Zafar Qureshi said he would soon give good news to the apex court.
Waseem said for the arrest of Ayaz Niazi they have conducted raids in Lahore and Karachi and also put his name on Exit Control List (ECL), adding they have seized his properties and the efforts for his arrests are underway.
According to the media reports after registration of a case against him on charges of fraud on the directives of the Supreme Court, the NICL chairman was sent on long leave by the federal government.
The chief justice, after hearing the arguments, said the main culprit in the scam was still at large, adding the escape of main accused would give impression that he ran clear of arrest on being influential. He said: “We are only interested that there should be no corruption in the country.”
The CJP also reprimanded Secretary Commerce Zafar Mehmood for not cooperating in the case and directed him to extend full cooperation to the FIA. The secretary told he had asked the FIA to probe the matter thoroughly. The court directed him to lodge separate FIRs against the culprits and also submit a comprehensive report.
SM Zafar, counsel for Habibullah informed the court that as his client has returned money, and there was no case against him therefore he should be released. The court directed him to go to the competent court in this regard.
Habibullah Warraich, a former state minister for defece, was accused of embezzling Rs1.68 billion from the company funds. He was charged for selling 800 kanals to the NICL at inflated rates. He was arrested on October 31 from his residence on the corruption charges after which his assets, worth an estimated Rs1.2 billion were frozen.
Abdul Hafeez Pirzada informed the court that he was not representing an individual (NICL chief) but the whole company, and prayed if Ayaz is arrested then he should be treated gently.
Later, the Supreme Court adjourned the caseÂ’s hearing for three weeks.
Transparency International Pakistan has written a letter to Ayaz Khan and also to SC registrar requesting to take action under rule and law applicable to all for the eradication of the corruption and corrupt practices. The letter alleged that 803 kanal, 19 marla plot in Lahore reportedly belonging to ex MNA Habibullah Warraich, whose current market value is Rs.300,000 per kanal, was purchased at Rs 2,000,000 per kanal by NICL.
Similarly, 27,000 sft office space in Dubai in Liberty Tower was purchased in July 2009 at the rate of UAE Darham 2,700 per sft against the market price of UAE Darham 1,200 per sft, which allegedly caused loss of Rs 900 million to exchequer.
Ten acre plot was purchased in Korangi Deh Phihai, in August 2009, at the rate Rs90,000,000 per acres, against maximum market price of Rs.20,000,000 per acre. The lass caused was Rs70,000,000.
Award of the contract for painting works and furniture was given to M/s Casa Bella Lahore, Karachi @ Rs26.987 million and at Islamabad @ 9,310,000. M/s Casa Bella is not a license holder of Pakistan Engineering Council. The tender for Karachi was for 6 floors, but the contractor has been asked to paint only 4 floors. Similarly, Rs1.5 billion land purchased in Lahore in 2009 from Mohsin Warraich, whose market value is Rs 30 million the loss caused to exchequer Rs1.2 billion.
Nov 11: SingTel, City Dev, OUE, UOL, SC Global, China Aviation, Yanlord
November 11th, 2010 |
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Singapore shares are likely to rise on Thursday after gains on Wall Street overnight although lower than expected earnings by market heavyweight Singapore Telecommunications (STEL.SI) may weigh on sentiment.
SingTel, Southeast Asia’s largest telecoms firm, reported lower-than-expected quarterly profit, partly due to the cost of acquisitions by its Indian ally. Its July-September net profit was $892 million, down from $956 million a year ago.
SC rejects plea to halt probe
November 5th, 2010 |
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ISLAMABAD – The Supreme Court Wednesday rejected to halt the investigation into Rs26 billion alleged corruption in Pakistan Steel Mills.
Chief Justice Iftikhar Mohammad Chaudhary, heading a three-member bench that also comprised Justice Tariq Pervaiz and Justice Ghulam Rabbani, was hearing a suo motu case involving over Rs22 billion alleged corruption in Pakistan Steel Mills.
Fakhuruddin G Ibrahim, counsel for PSM, argued that PSM was facing a loss of Rs1 to 2 billion as the contractors were not ready to purchase the billet from them, therefore he prayed to stop the investigation against the contractors. He stated that the investigation had dropped the production to 40 per cent, adding that even Scotland Yard had failed to stop such white-collar crimes.
The chief justice expressing annoyance said the court did not expect such kind of request from him, adding “huge embezzlements of over Rs26 billion had been committed in the state-owned entity and you are asking us to halt the investigation.”
He remarked that no action had been taken against the people who were involved in the scam, while the police and FIA had arrested low-grade officers of PSM. The chief justice said when no institution moved against the corruption in PSM then the apex court had to take suo motu notice of the case. He said investigations were going well, but suddenly Minister for Interior Rehman Malik constituted a committee.
Justice Tariq Pervaiz questioned DG FIA how many people involved in the embezzlements had so far been arrested by the FIA and how many of them had been transferred during the investigation process.
Director General Federal Investigation Agency Waseem Ahmed told the court that FIA had already changed its three heads and he himself would be moved from the office.
Justice Tariq further also asked about the recovered money. The DG FIA replied the law do not provide any mechanism for recovery of the embezzled money as under law only the NAB has the authority to do so. He said assets of Rs400 million have been frozen in the case.
Waseem Ahmed also stunned the court when he cast doubt on the report prepared by his predecessors. “You will completely demolish the case,” the CJ reacted to DG FIA comment. The court observed it would have serious impact, saying that it seemed very important that the incumbent DG FIA did not own the report prepared by its department. The chief justice asked him that why he was not satisfied with the report of his own department. “Its old, that’s why I am not satisfied with it”, he said.
The CJP said if investigation was wrong then take action against all including the ex-DG FIA for misleading and put them behind the bars. The chief justice asked him to register cases against ex-DG FIA and the former director operation, who had prepared the report, if he did not own it.
He said that such people had been posted in PSM who caused huge losses to it, and asked if the courts had to do everything then what was the role of police and agencies.
Waseem stated, “If the court does not have faith in me then I will go and resign now.”
To another query with regard to Al-Abbas Group, Waseem said the group was providing 20 per cent raw material to PSM. He, however, said that allegations regarding its high rates were not correct.
He said that even without corruption the PSM was facing loss and requested for time to study the case thoroughly. The CJ ordered DG FIA to submit a comprehensive report in this regard and adjourned the case for a month, without fixing date.
DMG likes Wing Tai, SC Global in high-end property
November 1st, 2010 |
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DMG says recent show flat visit for launch of prime condominium in Bukit Timah, with healthy visitor turnout, take-up, coupled with recent good sales of Allgreen’s (A16.SG) Suites at Orchard, “have reinforced our positive view on the high-end segment, where buyers are undeterred by the recent government measures.”
House understands that developers readying several high-end launches over next 3-6 months, i.e. Robinson Suites, Spottiswoode Residences, Helios Residences.
Withdrawal of judges restoration order to sabotage Constitution: SC
October 15th, 2010 |
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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.
SC larger bench formed to hear case today
October 14th, 2010 |
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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.
Appointment of NAB chief violation of SC verdict: CJP
October 13th, 2010 |
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ISLAMABAD – A 17-member bench of the Supreme Court on Wednesday expressed grave concern over the appointment of chairman National Accountability Bureau and non-implementation of apex court judgment on National Reconciliation Ordinance.
The bench maintained that December 16, 2009 judgment must be implemented in letter and spirit. Chief Justice Iftikhar Mohammad Chaudhary, heading the larger bench, remarked, “misunderstanding has been created that the court is not accommodating.” Raja Fayyaz questioned what were the reasons behind non-implementation of the SC order, and who was responsible for it?
The court allowed senior advocate Sardar Latif Khosa, who resigned as Advisor to Prime Minister on Information and Technology on Tuesday, to appear on behalf of the Federation. He, however, sought time for preparation, which the court granted and adjourned the case till the first week of November, but said it depended on the availability of the bench.
The court, however, asked him to get his licence revived from the Pakistan Bar Council (PBC) and duly intimate the Registrar, Supreme Court. Justice Jawwad S Khawaja remarked that according to Legal Practitioners and Bars Ethics Act he had to get the certificate from PBC as after his appointment as advisor the Council was suspended.
The Chief Justice told Attorney General Maulvi Anwar-ul-Haq that in appointment of NAB Chairman, para 180 of the SC judgement of December 16, 2009 and para 288 of Asfand Yar Wali verdict were not followed strictly, and directed him to look into the matter. Justice (Retd) Deedar Hussain Shah was appointed as new chairman of NAB last week. Justice Iftikhar said in the light of judgments of apex court consultation with the CJP for NAB chiefÂ’s appointment was a must.
The bench also expressed dissatisfaction over the NAB report and said it was not prepared in accordance with the verdicts of 16th December 2009, and 27th September 2010. NAB Additional Prosecutor General Mohammad Anwar Tarar was asked to submit another report along with the detailed documents to substantiate the Bureau stance.
Tarar said the number of Accountability Courts had been increased. Justice Javed said there was no need to highlight the NAB internal arrangements, but “tell us how far the NRO judgment has been implemented; as many questions have been raised on the NAB’s performance”.
The Chief Justice told him that the court would decide the case on the basis of documents that would be provided by the NAB. Justice Mohammad Sair Ali said; “Tracking of travel money is very easy as the money would have been transferred on the court orders, therefore you could find it out through court’s judgments.”
The Chief Justice asked the Attorney General why the Government was not seriously taking action against the people who were convicted under National Reconciliation Ordinance, but still holding the government posts. The Chief Justice said, “If you have instructions we will give you three days otherwise we will take up the matter ourselves as you have given undertaking to take action against convicts”.
The Attorney General informed that the report submitted by National Accountability Bureau contained 22 names and out of them two were still working in the government departments.
The bench conveyed displeasure over the explanation given by Secretary Establishment Division Ismail Qureshi regarding Adnan KhawajaÂ’s appointment as Managing Director OGDCL, saying his case would be taken along with other NRO cases by an appropriate bench in due course of time. The Secretary Establishment Division submitted the report, but the Chief Justice said it was highly unsatisfactory and directed him to submit the summary that was moved to the Prime Minister for AdnanÂ’s appointment.
Ismail Qureshi informed that AdnanÂ’s appointment case was not initiated by them but on the verbal order of the Prime Minister. But when he came to know about that Adnan was a NAB convict then notification of his appointment was withdrawn immediately.
Justice Javel Iqbal said that the notification was withdrawn when media highlighted the case and the court had taken up the matter. The Chief Justice questioned if there were any rules and regulations regarding verbal or oral orders.
Justice Asif Khosa asked what was the emergency that they did not wait for the confirmation, but issued the notification. “It is the mockery of rules,” he added.
Regarding Ahmed Riaz Sheikh, the court observed that through the inquiry report prima facie it appeared that Additional Secretary of Ministry of Interior Mohammad Ahsan Raja, who was in-charge of the ministry was responsible. The notice was issued to him to explain why the Contempt of Court proceedings should not be initiated against him.
The court also decided to take up review petitions of former AG Malik Mohammad Qayyum, former Chairman of National Accountability Bureau (NAB) Nawid Ahsan, former Prosecutor General of NAB Dr Danishwar Malik and former Deputy Prosecutor General of NAB Abdul Baseer Qureshi with the Federation NRO review petition.
Agencies add: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said the recent appointment of Chairman of National Accountability Bureau is yet another violation of the Supreme CourtÂ’s NRO verdict. The Supreme Court, however, accepted the FederationÂ’s plea seeking approval to substitute its counsel to plead its review case on National Reconciliation Ordinance decision and fixed hearing of the case for Nov 1. The court allowed reappointed government counsel Sardar Latif Khan Khosa to proceed with the case in place of Barrister Kamal Azfar.
SC sends Brig Imtiaz, Adnan Khawaja to jail
September 21st, 2010 |
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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.
SC Global raised to Neutral by Nomura; $1.77 target
September 6th, 2010 |
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Nomura upgrades SC Global (D2S.SG) to Neutral from Reduce, lifts target price to $1.77 from $1.52 after increasing NAV estimate to reflect higher sales, selling price assumptions, says Dow Jones.
Nomura notes high-end developer typically prices projects at significant premium to other developments in vicinity, often setting record prices in those areas.
“The flip side, however, is that such a strategy typically results in very slow sales in terms of volume, in our view. This weighs on the balance sheet and cash flows,” says research house.
Shares +1.9% at $1.58.
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SC Global’s 2Q net profit jumps five-fold to $40.4m
August 13th, 2010 |
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SC Global Developments, the developer of high-end luxury residences, today announced it nearly tripled its net profit to $53.8 million for the half year ended 30 June 2010, from $18.3 mil last year.
Net Profit for the second quarter of $40.4 million was five times the net profit for the same period last year of $7.8 million. Higher revenue recognition from the Group’s development projects, including The Marq on Paterson Hill, Hilltops and Martin No. 38, contributed strongly to the reported profit as construction progressed for these projects.
UN SC to discuss Kosovo on Tuesday
August 2nd, 2010 |
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The UN Security Council will convene on Tuesday in New York for a session on Kosovo, with Foreign Minister Vuk Jeremić in attendance.
Jeremić will present Serbia’s stance following the advisory opinion of the International Court of Justice (ICJ), and UNMIK Chief Lamberto Zannier will submit his quarterly report on the situation in Kosovo, the Serbian Foreign Ministry said in a statement.
Russia expects UN SC meeting next week
July 31st, 2010 |
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Russia expects that a United Nations Security Council meeting on Kosovo would be held on August 3, according to diplomatic sources. Russia would begin presiding over the Security Council on August 1.
SC Global target cut to $1.90 from $2.26 by DMG
July 15th, 2010 |
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DMG cuts SC Global (D2S.SG) target price to $1.90 from $2.26, pegged at 20% discount to end-FY11 RNAV, to reflect lower trading liquidity, smaller market cap, according to Dow Jones.