Pakistan in Media

Those personally affected by the judgement of the Supreme Court setting aside the ignominious NRO and re-opening cases that were hushed up under it have reacted with yet more ignominy that consists of doing everything that the country has been harmed by in the sixty-three years of its existence. They have defied the court. They have tried to pit institution against institution. They have sought to fan the flames of ethnicity. They have threatened to amputate the limbs of those in the media who expose their corruption. They have done everything except the one honourable thing for them to do; to resign and face the courts. What they have done and are doing may be despicable, but it is not unexpected. It is in perfect harmony with the character shown and the deeds done by this lot for the past two years that they have been in power. The same cannot be said about some others whose integrity and commitment to the ideals of justice and good governance we do not doubt: they have been in the forefront of the struggle for human rights and for a democratic Pakistan. Some of them were vigorously active in the judiciary's struggle against a brutal dictatorship. That is exactly why we find it ironic that they now have chosen to judge the SC judgement in a manner that has little to set them apart from how Musharraf and his minions saw the present judiciary or how Zardari and his henchmen are trying to defame it. They have found the judgement biased, as targeting specific individuals, as persecuting a particular party, as going beyond the pale. And what have they to offer in the way of argument? Precious little. Having a problem with a short order and with the unanimity of the judges (or wondering why the judges were not divided on the issue?) who passed the judgement amounts to actually nothing. Asking why Musharraf was not mentioned in the judgement takes guts though. For the question is being hurled at a judiciary that made history fighting that man in uniform, while some of these critics were, at least for a while, busy trying to make people see that the struggle was one man's quest for glory and had little to do with the independence of the judiciary. This question is apparently also being posed to defend those who actually committed the affront of blocking the reinstatement of the judges, of aiding and abetting the former dictator's escape from the country after they had presented him with the guard of honour. If it is not easy today to bring Musharraf to justice, the accusing finger has to be pointed at Zardari and his men and not those who still cause Musharraf enough worry not to return to the country. And playing the Musharraf card does nothing but adds to the nervous shrieks of those who were his loyal partners then, and are in power now. How does that serve the cause of democracy?

If the post-judgement political situation degenerates into a conflict between the PPP-led government and the opposition spearheaded by the PML-N, Pakistan can return to a highly dangerous internal confrontation. Such a state of affairs will turn the whole effort to check corruption and misuse of state authority into a head-on collision between the government and the opposition

Most political circles are celebrating the Supreme Court judgement on the NRO without realising that it is yet another example of the civilian-political government finding its political future in jeopardy because of extra-parliamentary developments. If the military is not the key player this time, the superior judiciary has relied on its constitutional powers to deny the moral basis to the civilian government, which could be the beginning of the end of the present political arrangements. Parliament is marginal to determining the future of the government or at least that of President Asif Ali Zardari.

The prime minister, by coming out in support of an evidently sinking President Zardari, would seem to have put loyalty ahead of wisdom. Despite the growing signs that power is slipping away from the PPP government as NAB asserts a new-found independence and courts follow the directions chalked out by the SC in its landmark ruling on the NRO, the PM has signalled he could be opting for the path of defiance. By suspending the interior secretary for preventing the defence minister from leaving for China and by refusing to reappoint Tariq Khosa as the DG FIA, Mr Gilani has made it clear that he is not willing to accept the court’s rulings. So, we have here a script for potentially open confrontation. Aspects of this are comic. But the whole thing could end in a terrible tragedy as institutions engage in an ugly clash. We have seen this happen before. The maturity and selflessness that could have averted this is not being seen.

The way out is simple: the president must step down; others in the government who are NRO beneficiaries must follow. Most citizens would favour this approach. The widespread acclaim for the SC ruling has made this quite apparent. The court too is a powerful one and has repeatedly demonstrated that it is not ready to play the role of a rubberstamp. We have then a situation totally different to that which has existed at any time in the past. But the approach taken by the PM suggests we will have only more uncertainty. When he accuses others of acting against the interests of the state, Mr Gilani does not realize that he himself is doing so by failing to respect institutions within it and allow them to perform their role. Indeed neither he, nor the president, seem to recognize the dangers they are exposing their country too. Further instability is the last thing we need at the present time. Yet this is what could lie ahead if the present dangerous dance proceeds without check.

So, who can act as a voice of restraint and wisdom? We have at the helm of the state a man who himself is accused of serious crimes. The role traditionally assigned to the president, as a mediator and as an individual able to help iron out wrinkles in the system, cannot come into play this time. Those who surround him themselves seem to favour battle rather than the use of good sense. The PM too has opted to side with the president’s camp. This may be a decision he may come, in time, to regret. It is to be seen if from within the PPP any voices of wisdom will be heard. Certainly, there are people who realize where we are headed, and that to put on the brakes once the descent down a slippery slope begins is no easy matter. Only if they step in swiftly can further mayhem be warded off and the chances of the democratic order remaining intact raised.

ISLAMABAD: The Chief Justice of Pakistan, Justice Iftikhar Chaudhry, would take up the pending petitions challenging the controversial National Reconciliation Ordinance (NRO) on December 7.

A 17-member larger bench has been constituted to hear the NRO cases. The larger bench will be headed by Chief Justice Iftikhar Muhammad Chaudhry.

Other members of the bench are Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassadduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Ch Ijaz Ahmed, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice S Khawaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Rahmat Husain Jafferi, Justice Tariq Parvez and Justice Ghulam Rabbani.

Former military dictator General (retd) Pervez Musharraf promulgated the NRO to grant amnesty in corruption cases to former prime minister Benazir Bhutto and her husband Asif Ali Zardari, now the President of Pakistan.

ISLAMABAD: Sheikh Afzal, the main accused in the Rs9 billion financial scam at the Bank of Punjab (BoP), on Tuesday revealed before the bench of the Supreme Court that he paid Rs35 million to Parliamentary Affairs Minister Dr Babar Awan for winning the case in the apex court.

Sheikh Afzal, an absconder in the BoP scam, was recently arrested by the FIA from Malaysia along with his son Haris Afzal and was produced before a three-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry.

The bench was hearing the Rs9 billion BoP scam. The BoP had granted a loan of Rs9 billion to the Haris Steel Mills (HSM), Lahore without fulfilling legal requirements and consequently the steel mills defaulted on the loan. The Bank of Punjab then filed a petition against the HSM.

Sheikh Afzal admitted to having given Rs5 million as fees to a senior advocate of the Supreme Court and minister for parliamentary affairs Dr Babar Awan besides giving him Rs35 million for assuring him to win the case.

It is pertinent to mention here that earlier former attorney general Sardar Latif Khosa was removed from his office after being charged with taking money for a favourable court verdict during the tenure of Justice (retd) Abdul Hameed Dogar.

The arrest of Sheikh Afzal became possible after the Supreme Court issued orders to the government to produce the accused in the court come what may. This is the biggest achievement of the judges led by Chief Justice Iftikhar Mohammad Chaudhry since their restoration following a popular movement. It perhaps never happened in this country that the accused of such a huge fraud was made to submit to law and agreed to pay the embezzled amount. This task was beyond imagination during the tenure of Abdul Hameed Dogar as chief justice when such people got away scot-free.

After the court hearing, Sheikh Afzal disclosed a list of top lawyers to the newsmen who extorted millions of rupees from him to clear his loan default cases from the courts.

He alleged that Dr Babar Awan took Rs40 million, Sharifuddin Pirzada Rs10 million, Malik Muhammad Qayyum, the then attorney general, Rs20 million and Ali Waseem, the son of Waseem Sajjad, Rs7.5 million.

Afzal said Dr Babar Awan took Rs5 million as fee and Rs35 million for getting a favourable verdict from the then Islamabad High Court.

In addition to these leading lawyers, Afzal said he had given Rs400-500 million to Hamesh Khan, former BoP president, Rs30 million to Aziz Ahmed, BoP Control Risk Manager, Rs50 million to Haroon Aziz, Rs10 million to Shoaib Qureshi, Rs40 million to Saleem Mirza, treasury head of the bank, Rs5 million to Fazil Asghar who helped him escape despite being on the Exit Control List (ECL).

Earlier, Shiekh Afzal tendered an apology to the court and submitted to surrender in the case by satisfying the Bank of Punjab in its claim against him.

He regretted over his loot and plunder but requested that his family members including his spouse and children should not be humiliated who were not involved in the fraud case.

He said his wife and 18-year-old son Hamza were also arrested from the Lahore airport. He confessed to getting Rs8 billion loan from the Bank of Punjab, adding 40 per cent was taken by his elder brother, Seth Yaqoob.

The court was informed that Sheikh Afzal had deposited $6 million to his son’s account in Dubai, besides depositing Rs2.5 billion to his wife’s account.

Sheikh Afzal’s son Haris Afzal, a BBA student, also told the court that he was ready to furnish all accounts and properties purchased on his name by his father.

During the course of the proceedings, Chief Justice Iftikhar Chaudhry asked Dr Danishwar Malik, prosecutor general of the NAB, if there was any criminal case against Haris Afzal, son of Sheikh Afzal. Dr Danishwar replied in negative at which the court observed that it was an injustice with the family members.

The court ordered the release of Haris Afzal, however, directed to put his name on the ECL besides surrendering his passport to the NAB. The court directed Haris Afzal to extend his maximum cooperation to the NAB in the investigation process.

The court also allowed protection to Seth Nisar, elder brother of Shiekh Afzal, who wanted to return to Pakistan and pay the money.

His counsel, Advocate Wasim Sajjad, submitted before the court that Seth Nisar, who was abroad, wanted to return to Pakistan and ready to pay the amount being claimed against him.

He further submitted that earlier the court was misguided that Seith Nisar, brother of Sheikh Afzal, Chief Executive Haris Steel Mills, and Sheikh Munir had flown out of the country on October 24 despite being on ECL since 2000.

“His name was removed from the ECL on April 15, 2009 and he had taken Rs400 million as debt from Sheikh Afzal,” Wasim Sajjad added, requesting the court to ensure protection to Seth Nisar.

The court accepted the request and directed Wasim Sajjad to produce Seth Nisar before the court on December 2 and adjourned the hearing.

The court directed the NAB not to harass any family member of Sheikh Afzal, but allowed to take the due action for recovery of the defaulted money. The court also directed the NAB to expedite efforts for extradition of Hamesh Khan, who is an absconder in the case and in the US.

The court praised the role played by officials of FIA, particularly Azam Khan, the FIA DG, and the Foreign Affairs Ministry in the arrest of Sheikh Afzal from Malaysia.

Khawaja Haris, counsel for Bank of Punjab (BoP), and AK Dogar, counsel for Seth Yaqoob, also appeared before the court.

ISLAMABAD: The Supreme Court of Pakistan on Wednesday served contempt of court notices on 60 high court judges belonging to Lahore, Peshawar and Sindh High Courts who violated the apex court’s order of November 3, 2007, restraining the judges of the higher judiciary from taking oath under the Provisional Constitution Order (PCO), promulgated by former military dictator General (retd) Pervez Musharraf.

Those judges who received contempt of court notices, included 26 judges of the Lahore High Court (LHC), 20 judges of the Sindh High Court (SHC) and 14 judges of the Peshawar High Court (PHC). Iftikhar Hussain Chaudhry, former chief justice of the Lahore High Court (LHC), is also in the list.

The apex court did not agree with the perception that the benefits drawn from the NRO are past and closed transactions.It instead judged: “Under Article 89 of the Constitution, an ordinance issued by the president if not so laid before the National Assembly, or both Houses of Parliament, stands repealed on expiration of four months from its promulgation.”

Under this judgment, the NRO stands invalid since February 5, 2008, when it completed its 120-day constitutional life. The NRO was enforced on Oct 6, 2007, and within 120 days had to be passed by parliament as a bill or re-issued as an ordinance, which it was not.

LAHORE: Former president of Lahore Tax Bar Association Shafqat Mehmood Chohan on Saturday filed a contempt petition in the Lahore High Court (LHC), seeking contempt proceedings against government functionaries for not complying with the LHC order fixing the sugar price.

The lawyer in his petition made Minister for Industries and Production Manzoor Ahmad Wattoo, Punjab Chief Secretary Javed Mehmood, Commerce Secretary Salman Siddique, Pakistan Sugar Mills Association (PSMA) Chairman Sikandar Hayat Khan and its Punjab chapter President Javed Kiyani as respondents.

The petitioner submitted that the respondents, instead of implementing the court’s orders, had uttered derogatory remarks, which was tantamount to contempt of court. He mentioned that when the LHC chief justice gave the verdict, the Punjab chief secretary was present in the courtroom, who had given assurance to comply with the order.

However, the chief secretary, along with other respondents, failed to get the LHC order implemented and joined hands with the sugar mills lobby, he said.

Manzoor had also uttered derogatory remarks in various meetings and media briefings, he added.

He said the sugar mills association also disregarded the LHC order and challenged it before the Supreme Court (SC).

The petitioner said the SC had not suspended the LHC order so far, so it should be implemented accordingly. He prayed to the court to initiate contempt proceedings against the respondents for not complying with the court’s orders to fix the sugar price at Rs 40 per kg.
source

The federal and provincial governments have finally decided to inform the Supreme Court of the “reality” factors that have delayed the implementation of a Lahore High Court order regarding the sale of sugar at Rs 40 per kg in the country. The prime minister having failed to tactfully by-pass the High Court order, the only course left to avoid contempt of court was to engage the Supreme Court in some kind of dialogue.

We don’t know what the four governments have resolved but the argument will have to realistically describe the much curtailed capacity of the state to control a free-market situation complicated by profiteering at all levels. In India, such a situation was resolved by arranging a meeting between all the chief ministers and all the judges of the higher judiciary. The chief ministers’ bottom-line plea was: run the provinces yourself!
more

ISLAMABAD: The Supreme Court on Wednesday upheld the decision of Lahore High Court fixing the sugar price at Rs40 per kg and directed the sugar mill owners to implement the LHC verdict till the decision of the apex court.

It also warned the sugar mill owners of contempt of court proceedings if they failed to implement the court’s order.The court also directed the chairman National Accountability Bureau (NAB) to present before the court its two-year-old report about the sugar crisis besides directing the State Bank to furnish details of loans provided to the mill owners with the mode of their return.
more

In the good, traditional spirit, the PMLN, having done so much for the judiciary, wants to have its own judges. If this doesn’t sit well with the concept of independent judiciary, too bad, for law must still follow the dictates of politics

The contentious and ongoing issue of the appointment of 33 judges to the Lahore High Court has brought to the fore again, if there was further need of it, the tension between the Federal and the Punjab governments. For Federal, read the PPP; for Punjab, read the PMLN.

But does it also manifest ambiguities in the Constitution, or at least differences in interpreting the articles? If yes, are different and differing interpretations driven by politics rather than a matter of legal reading?
more

ISLAMABAD: The outgoing Chief Justice Balochistan High Court Amanullah Khan Yasinzai is said to have ordered the provincial government to pay one billion rupees to the PPP Senator Nawabzada Mir Lashkari Raisani, the younger brother of the Chief Minister Aslam Raisani, as compensation for losses to his crops and property during the violent tribal feuds with the Rind tribe.

This unusual order had put the Balochistan bureaucracy in a fix as to how to arrange a billion rupees from the meagre resources of the cash-starved province and make this payment to an individual in the name of losses to his property during the tribal feud.
more

NEITHER President Zardari nor Prime Minister Gilani wasted any time in welcoming the Supreme Court’s short order declaring the Nov 3, 2007 emergency unconstitutional, and terming it a triumph of democratic principles.

The order was described as a negation and rejection of dictatorship and its actions, and was called a success of the principles for which the PPP had fought and its chairperson and countless workers laid down their lives. The verdict was called a good omen for the future of democracy.
more

QUETTA: Balochistan High Court (BHC) Chief Justice Amanullah Khan Yasinzai and all the other four judges of the court, who had taken oath under the Provisional Constitution Order (PCO), resigned from their offices to escape the references against them in the Supreme Judicial Council (SJC).

The BHC sources, confirming the resignations of the judges, said all the five resignations had been forwarded to the president of Pakistan for approval with the request to grant them premature retirement.
more

The News International, Pakistan, Monday, August 03, 2009
ISLAMABAD: As many as 76 judges of the Supreme Court and high courts would cease to hold their offices immediately as approved by President Zardari late Sunday night.

An official handout says: In pursuance of the judgment of the full bench of the Supreme Court of Pakistan dated 31st July 2009, in constitutional petitions No 9 and 8 of 2009 (Sindh High Court Bar Association and Mr Nadeem Ahmed, Advocate vs Federation of Pakistan), the president is pleased to approve that the following judges of Supreme Court of Pakistan and High Courts shall cease to hold their offices with immediate effect:
More

Dawn, Pakistan, Saturday, 01 Aug, 2009
• All Dogar actions, except presidential oath, declared illegal • IHC ceases to exist • Verdict leaves Musharraf unscathed • Govt asked to refer NRO to parliament

ISLAMABAD, July 31: In what has been billed as a verdict that may change the course of the country’s political and judicial history, the Supreme Court on Friday denounced successive military takeovers over the past four decades and their endorsement by the superior judiciary and then went ahead to declare Gen Pervez Musharraf’s Emergency Order of Nov 3, 2007, and most of the actions taken under it, including the appointment of over 100 superior court judges, as illegal and unconstitutional.
More

Dawn, Pakistan, Saturday, August 01, 2009
ISLAMABAD, July 31: At least 110 judges of the Supreme Court, Federal Shariat Court and high courts will retire or revert to their respective institutions after the landmark judgment of the apex court in the judges’ case.

The judgment will affect 15 judges of the Supreme Court, 41 of the Lahore High Court, 27 of the Sindh High Court, 10 from the Peshawar High Court, all five of the Balochistan High Court and eight of the Islamabad High Court and four from the Federal Shariat Court.
More

Dawn, Pakistan, Friday, 31 Jul, 2009
ISLAMABAD, July 30: The Supreme Court ignored on Thursday a plea to order initiation of high treason charges against former president Pervez Musharraf for proclaiming emergency on Nov 3, 2007, as army chief.

Chief Justice Iftikhar Mohammad Chaudhry, who is heading a 14-judge bench hearing challenges to the imposition of emergency, observed that this was not the responsibility of the court. The court would rather take a simple route to decide cases before it, instead of derailing the system.
More

The News International, Pakistan, Friday, July 31, 2009
ISLAMABAD: Parliament will have to pass a crucial test of credibility in the coming days as the Supreme Court judges have observed more than once while hearing the high-profile November 3 case that it was the duty of the legislature to examine the validity of ordinances issued by Pervez Musharraf. “More than one and a half years have passed and parliament hasn’t examined a single ordinance,” Justice Khalil-ur-Rehman Ramday remarked at one stage.

On the other hand, according to authoritative sources, Attorney General Latif Khosa is poised to argue before the 14-member bench that Article 270-AAA that gives “constitutional cover” to the November 3 action and the NRO is part of the Constitution.
More

The News International, Pakistan, Friday, July 24, 2009
ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Thursday observed the appointment of judges to the higher judiciary cannot be made merely on the recommendations of governors, as they lack information about judicial professionalism.

The chief justice was heading a 14-judge larger bench of the apex court hearing appeals regarding appointment of two judges of the Sindh High Court — Justice Bin Yamin and Justice Pir Ali Shah — who were not made permanent judges.
More