Click on link for the full text of this Carnegie Paper http://www.carnegieendowment.org/files/45.grare.final.pdf
Military and Education Expenditures in Pakistan, 2000–2004 (as a percentage of GDP)
Expenditures 2000–2001 2001–2002 2002–2003 2003–2004
Military 4.50 4.70 4.70 4.40
Education 1.96 1.98 2.14 2.70
Cabinet Post Held by Retired General
n Minister of Education: Retired general, former director general of Inter-Services Intelligence
Administrative Training Institutions Run by Retired Generals
n National Institute of Public Administration at Karachi, Lahore, Peshawar, Quetta
n Pakistan Administrative Staff College, Lahore
National Universities Controlled by Retired Army Officers
PAKISTAN ARMY: 550,000 (including Brigadiers)
U.S. ARMY: 502,000
GENERALS IN PAKISTAN: 770–940
GENERALS IN THE U.S: 881
Snapshot of Pakistan Army Influence
n Air University, Islamabad
n Bahria University, Islamabad
n Baluchistan University of Engineering
and Technology, Quetta
n Lasbela University of Agriculture and Marine
n National University of Modern Languages, Islamabad
n National University of Science
and Technology, Rawalpindi
n Punjab University, Lahore
n Quaid-e-Azam University, Islamabad
n University of Engineering and Technology, Lahore
n University of Peshawar
Military-Affiliated Foundations
n Army Welfare Trust. Banking, insurance, real estate, cement, pharmaceuticals, shoes
n Bahria Foundation. Commercial complexes, shipping, pharmaceuticals, bread manufacturing,
boat building, engineering work
n Fauji Foundation. Fertilizers, power generation, breakfast cereals, sugar mills, natural gas
n Shaheen Foundation. Air cargo, TV broadcasting, real estate, knitwear

SOURCES: The Military Balance 2005–2006 (London: International Institute of Strategic Studies/Routledge, 2005); military expenditures: SIPRI Yearbook
2005 (Stockholm: SIPRI/Oxford University Press, 2005); education expenditures: Ministry of Education (Islamabad: Government of Pakistan).

سردار عبدالقیوم جتوئی نے کہا کہ ’پاکستان میں روز اول سے ہی کرپشن کی گئی ہے کرپشن میں بھی مساوات ہونی چاہئیے

=================

Soldiers of Fortune By Ayesha Siddiqa 19 DECEMBER 2006
http://www.newslinemagazine.com/2006/12/soldiers-of-fortune/

Business in Jackboots By Gulmina Bilal Ahmad 19 DECEMBER 2006 http://www.newslinemagazine.com/2006/12/business-in-jackboots/

The New Land Barons? By Ayesha Siddiqa 18 JULY 2006
http://www.newslinemagazine.com/2006/07/the-new-land-barons/

A Military State By Zahid Hussain 15 OCTOBER 2004
http://www.newslinemagazine.com/2004/10/a-military-state/

Criticism of Zardari in Pakistan hides a political game By M Ilyas Khan BBC News, Islamabad 7 August 2010 Last updated at 15:10 GMT http://www.bbc.co.uk/news/world-south-asia-10901583

Friendly journalists – The ties between the military and the media are strong. If the media have a piece of information which they can use to puncture the balloon of unfriendly propaganda, they use it only when they are sure it will have maximum impact” Senior Pakistani lawmaker

The military often use the media to protect its hold on the giant corporate empire which it has built. In the 1980s the military did this through open censorship. Since the 1990s it has evolved subtler ways. It controls almost all access to big stories, and has therefore been able to raise a corps of “friendly” journalists who now control most key jobs in Pakistani media due to their “contacts”. President Zardari’s supporters suggest the media could have made up the story of the ISI cancelling its trip to the UK in order to spark an anti-Zardari campaign, which intensified as the scale of the flood damage became clear.

سردار عبدالقیوم جتوئی نے کہا کہ ’پاکستان میں روز اول سے ہی کرپشن کی گئی ہے کرپشن میں بھی مساوات ہونی چاہئیے
————————–
Mr. Ansar Abbasi i.e. Amicus curiae [The name for a brief filed with the court by someone who is not a party to the case.] Ansar Abbasi, South Asia Tribune & Plots/Land Scams.

Mr Shaheen Sehbai, Ansar Abbasi, Rauf Klasra have forgotten while being Sanctimonious that what they all used to contribute for SOUTH ASIA TRIBUNE. Mr Shaheen Sehbai (former correspondent of Daily Dawn; former editor of The News; ex Director News of ARY ONE TV Channel; former director of GEO News Network; and presently Group Editor the News), escaped from Pakistan to save himself from the so-called wrath of the establishment headed by General Musharraf, after the controversy surrounding his story about the murder of Daniel Pearl. It was apparently simply to obtain the Green Card for himself, and his family in the United States. Mr Sehbai then started to run a web based news service, i.e., South Asia Tribune, funded through dubious sources, but he suddenly reappeared and closed his website. During his self-imposed exile in the USA, he used to raise hue and cry against the military establishment that he and his family members’ life was in danger, but the so-called danger suddenly vanished after the whole family getting the Green Cards. He then returned to Pakistan and that too under the same Musharraf regime, and joined ARY TV channel, then GEO, and then the News, where he is presently working.

In the same Magazine, Mr Ansar Abbasi had filed the following report:

“QUOTE”

Plot Mafia Out to Rip Off Billions By Ansar Abbasi Issue No 61, Sept 28-Oct 4, 2003 ISSN:1684-2057

ISLAMABAD: A new land scandal, involving billions of rupees, is in the making in the Federal Capital Territory of Islamabad and in its surroundings, which is feared to rip thousands off their hard earned savings. Investigations reveal that in the name of “registered” housing societies thousands of plots have been sold on dubious papers, with vast majority of the societies either not having enough land in their possession or selling plots illegitimately without acquiring no objection certificate (NOC) from the concerned authorities. Real estate agents and investors have made billions within months mostly by misleading the people. This housing society outrage is feared to be as big as we had the cooperatives scam in the past. While this loot sale of unauthorized plots continues right under the nose of the federal government, the top investigating agencies like national accountability bureau and federal investigation agency are fast asleep. Spokesman of the NAB told this correspondent that though the bureau was scrutinizing some housing societies’ dealing in Rawalpindi, it has yet to touch the housing societies of Islamabad. He, however, added that an owner of a leading Islamabad housing society had been probed by NAB but in his individual capacity and without investigating his scheme. One of the most shocking aspect of this scandal-in-making is that different federal authorities have already smelled a rat but they are watching the situation as spectator. Besides well-connected real estate agents and investors, senior civilian bureaucrats, some politicians, journalists etc are either directly involved in this dubious business of loot and plunder or are providing protection to them.

Certain societies’ managements have also bought the sympathies of powerful including some rulers by offering party funds and sponsoring publicity campaigns for them on important occasions. Top managers of some of these societies when contacted tried to prove their respective housing societies as the genuine ones aspiring to get NOC from the CDA but picking up holes in the dealing of others. Chairman capital development authority Rauf Chaudhry when contacted confirmed that except a few, all the housing societies selling plots to public through newspaper advertisements or otherwise are doing it illegally and without getting no objection certificate from the authority. Chaudhry does not rule out the possibility of a “fraud” by housing societies that are not yet cleared by the CDA. He informed that the CDA has already issued warnings to public through media to desist from purchasing land from those societies, which had not got the NOC from the authority. To attract the innocent people the housing societies, which are registered by the ICT cooperative department, use misleading names to give an impression as if these societies are the government societies. Smelling a rat some of the government authorities have now started distancing themselves from such societies to clear their name from any upcoming scam.

The government has formally denied that the presidency has anything to do with “Awan-e-Sadar housing society” that has already sold innumerable plots to people but without having any such authorization from the CDA. Secretary National Assembly Mahmood Saleem told this correspondent that he has also warned the people through media that the NA sect would not be responsible for any deal of plots made by the National Assembly secretariat employees housing society. Saleem said that he has got the bank account of the NA sectt housing society, containing Rs 250 million, seized to avoid unnecessary withdrawal. He said he has already written to the chief commissioner Islamabad and also the chairman CDA to know the status of the NA sectt housing society and if it has got the NOC to sell the plots to public. Secretary cabinet Nasiruddin Ahmed also disowns the cabinet division employees housing society and said that the cabinet division had nothing to do with the society.

One such society- Islamabad cooperative society- is giving advertisement in newspaper almost everyday offering sale of plots in E-20 and 21 but the chairman CDA told this correspondent that they did not have any such sector in their master plan. This society has alone sold thousands of plots during the recent months but without having any NOC from the CDA or proving to the authority that it has acquired required land. This dubious business is so successful these days that some of the societies are selling plots on files in Fateh Jang, Attock of Punjab but telling the buyers that the area is all in Islamabad as it surrounds the future Islamabad airport in Fateh Jang. The CDA chairman says that the authority has nothing to do with land in Fateh Jang being sold as Islamabad’s extension. According to a source the ICT cooperative department, which register the housing societies, had even registered some societies that have nothing to do with Islamabad. The big question remains is there any housing society presently selling the plots to public fulfilling the above conditions. If not why the authorities are keeping a criminal mum?

“UNQUOTE”

سردار عبدالقیوم جتوئی نے کہا کہ ’پاکستان میں روز اول سے ہی کرپشن کی گئی ہے کرپشن میں بھی مساوات ہونی چاہئیے
————————–
Mr. Ansar Abbasi i.e. Amicus curiae [The name for a brief filed with the court by someone who is not a party to the case.] Ansar Abbasi, South Asia Tribune & Plots/Land Scams. http://chagataikhan.blogspot.com/2010/01/ansar-abbasi-south-asia-tribune.html

“QUOTE”

A Satellite Picture of Bahria Town in Rawalpindi, taken from its Web site

The Land Scams in the Name of the Sacred Soldiers By M Afzal Khan WASHINGTON DC, Aug 24, 2004 ISSN: 1684-2057

ISLAMABAD, August 24: Land scams that are proliferating across the country, specially in the name of our Armed Forces, have come into sharp focus, sadly because of murder of two guards of a high profile housing society in the federal capital. First it was the National Assembly last night and next morning the Senate, where members from both sides of the isle voiced their outrage over the blatant manner in which this housing society used the name of Pakistan Navy to generate massive public interest and money in its highly publicized schemes. Lawmakers of the area said the developer purchased the land from poor villagers around Islamabad cheaply and sold plots at hugely inflated price. The violence reported in the press was attributed to allegation by some of these sellers that they have been cheated. In the end two innocent guards were caught in the fray and killed. The developer has shown ingenuity and innovation both in designs and marketing. These have made his various offerings one of the most attractive in the country, after the defence housing schemes. Few, perhaps, would grudge that, had it all been a fair and clean affair. But many lawmakers pointed accusing fingers at top political, civil and military figures whose patronage has gone along with it.

Former law minister Sen. Dr. Khalid Ranjha pointed out that it was a criminal offence to use for any private commercial venture, the name of an official organization, more so an arm of the military. “Bahria Town“ was originally purported to be a project of the Pakistan Navy. But a former navy chief allegedly allowed the present developer for unknown reasons and consideration. On a number of occasions the developer has been running into trouble with the top government functionaries, including the NAB. He was even jailed. But in the end he escaped unscathed and expanded his business to incredible proportions. In private sector, he is, perhaps, the top-most real estate tycoon in the country. The lawmakers particularly took note of the latest offer in what was called Bahria Town-Phase 9. The publicity preceding the offering had set about a week for the people to file prescribed forms. The forms were available in some selected banks. But on the first day it was announced that within first six hours, 40,000 forms were distributed by banks to the applicants exhausting all supplies. Many bank branches witnessed virtual riots and damage to buildings caused by dejected prospective buyers who were unable to get any form. To top it all, the developer announced that all the 40,000 applicants would be given plots if they deposited the down payment within the due date. Apparently, it was inconceivable that the developer actually owned 40,000 plots. The two announcements sent the market in a tail spin. The frenzy that ensued led to black market sale and resale of forms at exorbitant prices ranging from Rs15,000 to Rs60,000. The lawmakers were intrigued by the way the forms were distributed. Influential people were given scores of these forms before sending them to the banks. This writer overheard two people in an escalator talking about the forms two days after the event. “Sir, you had promised to get me some forms,” one gentleman said. “Don’t you worry. An FIA director has been given 20 and has promised to share five with me.”

Many lawmakers were perturbed that the real estate craze has overtaken the society and widened the gap between the haves and the have-nots to a vulgar level. You go to any office – private, public, civil, military – the most favorite topic is the housing schemes. The prices in all major cities, including Islamabad, Lahore and Karachi have skyrocketed. While the lucky ones with money and connections have made windfall profits in buying and selling, the less fortunate have nothing but to curse their luck. For most of the middle and lower class strata of the society, the price of land to build houses has gone out of their reach. A reasonably employed and paid person cannot even think of buying a servant quarter sized plot of land in Islamabad for his entire lifelong savings. Building a house has become a fantasy. In other major cities, things are no different. The most coveted societies, of course, are the defence housing societies in major cities. The President last week felt peeved by the fact that “pseudo intellectuals” feel jealous about these societies. According to him these are best developed and managed. If some army officer sells a plot for hundred times the cost at which he was allotted, so argued the President, why should people grudge or feel jealous about it. The President says only the retired military officers are looking after these societies which also provide employment and generate development activity. He conveniently ignores the fact of the involvement of officer corps in allotment, sale and resale of plots. Untold stories about higher echelons overseeing these schemes have tainted the image of the institution. Moreover the defence housing societies have become an obscene feature of our elite culture that is far removed from the rest of the populace. It generates, not just the” jealousy” which the President has referred to, but irrepressible rage and revulsion among the less privileged.

There are reports of a new town being planned in Bedian between Lahore and Wagah, where only eight-acre plots for mansions and estates would be developed. For the country, investment in real estate from within and abroad, has replaced capital formation for productive use in the economy. Pakistan’s economy has more or less become a real estate economy. Huge capital has been invested in this unproductive sector. Little is thus available for investment in genuine economic activity. The land grab mafia has sprouted in every town and city, boosting all sorts of crimes and corruption. President Musharraf set a noble example in 1999 when he declared his assets after taking over. Eye brows were, however, raised, why he had to have seven or eight plots, including commercial plots, in different defence housing societies across the country. Asfandyar Wali Khan was intrigued by the revelation that the President owns a plot in Gwadar as well. “Is he going to build a house and live there,” he had asked. Recently when he purchased a five-acre farm in Islamabad which is worth crores, it was stated that he sold one of his commercial plots in Lahore to pay for that. It is argued that the President had done nothing illegal as the rules permit an army officer to get more than one plot. The point is, how far is this ethically correct. If he surrenders his other plots and makes the rule that only one plot can be allotted to any officer in the country for building a house, the President would radically change the entire environment of “jealousy”. Instead, he would create tremendous goodwill for himself and the institution. In this context an encounter with another military dictator is instructive. When in 1976, Gen. Zia was named COAS, this writer and another dear friend who also knew Zia since he was Lt. Colonel, invited him to a cup of tea at the Multan Press Club. This friend was building a house but had not been able to complete it. Zia asked him:” Masood Sahib, have you been able to build your house?” Zia was told that it is as yet not even half complete. “Masood Sahib, I am sure you will be able to build it now that you have started it. Look at me. I am at the fag end of my career, and I cannot even think of building a house.” How many generals, nay even captains and majors of today can repeat those words?

“UNQUOTE”

Back to Present Days…

ISLAMABAD: Housing Minister Rehmatullah Khan Kakar has submitted a new list in the Senate containing the names of 53 former judges, including ex-chief justices of the Supreme Court and high courts, 65 former bureaucrats, 59 journalists and 36 politicians who were given plots during 1985-2001. The names were forwarded to the Upper House in reply to a written question put forward by one of the senators, who had asked the Ministry of Housing and Works to give the names of all those judges, journalists, politicians, bureaucrats, etc, who were given plots by the ministry since 1985-2001. The new list contains the names of those beneficiaries who were given plots by the Federal Employees Housing Foundation, the Ministry of Housing and Works. The names of politicians in particular and others in general might surprise the public if they ever came to the surface as majority of them had got residential plots allotted in their names from General Zia to Junejo, Benazir Bhutto to Nawaz Sharif by the Capital Development Authority in the same period and the list might be huge. The journalists were given plots under the government quota of two per cent, fixed for all those journalists who did not have any house or plot in their names in Islamabad.The nine former judges of the Supreme Court are part of this new list while rest of the judges who got plots belonged to the four provincial higher courts. Former Chief Justice of Pakistan Saeeduzzaman Siddiqui also got a plot in Islamabad. Justice (retd) Bhagwandas also took a plot in Islamabad when he was serving as a judge of the SHC.Former Attorney General for Pakistan Justice (retd) Malik Qayyum also took a plot in the federal capital when he was working as a judge at the Lahore High Court. Former LHC Chief Justice Chaudhry Iftikhar Hussain also took a plot in Islamabad. Former NA Speaker Ch Amir Husasin also got one plot in Islamabad from the Ministry of Housing and Works. Akram Zaki, Kunwar Idris, Mohammad Anwar Zahid, Kalim Dil Khan, Saleem Abbas Jilani, F K Bandial, Hassan Zaheer, Aziz Qureshi and Kamran Rasool are among some of the prominent federal secretaries in the list of 65 civil servants who got plots during 1985-2001.

A quick look at the list reveals that majority of the judges got residential plots in Islamabad when they were serving in the high courts.

JUDGES: Following are Supreme Court judges who got plots: Justice (retd) Mir Hazar Khan Khoso, Justice (retd) Manzoor Hussain Sial, Justice Saad Saud Jan, Justice Fazal Elahi Khan, Justice Abdul Hafeez Memon, Justice Mukhtar Ahmed Junejo, Justice Raja Afrasiab Khan, Justice Moahmmad Bashir Jahangiri, Justice Saeeduzzam Siddiqi. Besides, the following judges of the four provincial high courts also got plots. Justice Dilawar Mahmood (Ministry of Labour), Justice Abdul Karim Khan Kundi (PHC), Justice Mian Ghulam Ahmed (LHC), Justice Agha Saifuddin Khan (SHC), Justice Kazi Hameeduin (PHC), Justice Arif Iqbal Bhatti (LHC), Justice Syed Ibne Ali (PHC), Justice Mohammad Aqil Mirza (LHC), Justice Sheikh Mohammad Zuabir (LHC), Justice Abdul Hafeez Cheema (LHC), Justice Sharif Hussain Bokhari (LHC), Justice Abdul Rehman Khan (LHC), Justice Mohammad Islam Bhatti (LHC), Justice Kamal Mansoor Alam (SHC), Justice Sajjad Ahmed Sipra (LHC), Justice Mahboob Ali Khan (PHC), Justice Ali Mohammad Baloch (SHC), Justice Qazi Mohammad Farooq (PHC), Justice (R) Mohamamd Nasim (LHC), Justice Munir A Sheikh (LHC), Justice Fida Mohammad Khan (Federal Sharaiat Court), Justice Tanveer Ahmed Khan (LHC), Justice Amir Alim Khan (LHC), Justice Ehsanul Haq Ch (LHC), Justice Nazim Hussain Siddiqi (LHC), Justice Mian Nazir Akthar (LHC), Justice Ahmed Ali Mirza (SHC), Justice Raja Mohammad Sabir (LHC), Justice Karamat Nazir Bhandari (LHC), Justice Rashid Aziz Khan (LHC), Justice Munwar Ahmed Mirza (BHC), Justice Bhagwandas (SHC), Justice Mohammad Nawaz Marri (BHC), Justice Nawaz Khan Gandapur (PHC), Justice Nawaz Abbasi (LHC), Justice Falaksher (LHC), Justice Abdul Hameed Dogar (SHC), Justice Khailur Rehman Ramday, Justice Malik Qayyum (LHC), Justice Sardar Mohammad Raza (PHC), Justice Amir Mulk Mengal (BHC), Justice Chaudhry Iftikhar Hussain (LHC), Justice Mohammad Khursheed Khan (Chief Court Northern Areas) and Justice Mohammad Khial (Ombudsman office) also got plots in the federal capital.

JOURNALISTS: Sohail Ilyas, Mujeebur Rehman Shami, Abdul Ghani Ch, Zia Shahid, Rukhsana Saulat Saleem, Mohammad Anwar Khalil, Abdul Wadood Qureshi, Mian Ghaffar Ahmed, Rana Tahir Mahmood, Malik Abdul Rehman Hur, Nadeem Fazil Khan, Hamad Raza Shami, Farooq Ahmed, Rana Assar Ali Chohan, Azeem Chaudhry, Aslam Khan, Mohammad Naeem Chaudhry, Mohammad Aniq Zafar, Abdul Saeed Khan Qamar, Mohammad Dilshaad Khan, Naveed Miraj, Tahir Masood Ikram, Sultan Mohammad Sabir, Saghir Khalid, Mazhar Barlas, Maqbool Elahi Malik, Mohammad Arshad Yousuf, Javed Iqbal Qureshi, Haroon Rashid, Malik Shakeelur Rehman Hur, Wajid Rasool, Ashfaq Ahmed, Mohammad Zahid Jhangvi, Tahir Khalil, Khalid Azeem Ch, Mian Khursheeduzaman, Abdul Mohi Shah, Hilal Ahmed, Khalid Sial, Amir Iyas Rana, Zamir Hussain Shah, Aziz Ahmed Alvi, Ahmed Hussain, Rafaqat Ali, Syed Najamul Islam Rizvi, Mohsin Raza Khan, Irfan Ahmed Qureshi, Syed Ibrar Hussain Shah Kunwal, Nasir Aslam Raja, Mohammad Arshad, Ch Iylas Mohammad, Ghazanfar Ali Zaidi, Fazeela Gul, Iftikar Shakeel, Syed Ejaz Shah, Mohammad Ayub Nasir, Mohammad Saleem and Tariq Aziz. REFERENCE: New list of plot beneficiaries presented in Senate Saturday, January 16, 2010 By our correspondent [The News International] Amicus curiae [The name for a brief filed with the court by someone who is not a party to the case.] Ansar Abbasi, South Asia Tribune & Plots/Land Scams. http://chagataikhan.blogspot.com/2010/01/ansar-abbasi-south-asia-tribune.html

سردار عبدالقیوم جتوئی نے کہا کہ ’پاکستان میں روز اول سے ہی کرپشن کی گئی ہے کرپشن میں بھی مساوات ہونی چاہئیے
=========================
CRONYISM AS OUR ARMY CULTURE SATURDAY, JULY 03, 2010
http://sshusain.blogspot.com/2010/07/cronyism-as-our-army-culture.html

It is claimed that our army is merit based and provincial quotas for civil services enshrined in our constitution both present and past, do not apply to it. The idea is that only the best get into the armed forces, which the provincial quotas tend to undermine. That is perhaps why in sixty years of our national life, not a Sindhi has made it to the highest rank of a general. Obviously, as the logic would go, they are not “general” material.

When I was doing National Defence College in 1988-89, I once shared lunch table with the then Chief of Army Staff, General Aslam Baig. I pointedly asked him, why was it, that there ere no Sindhis in the armed forces in the upper ranks. He tried to blame it on the Sindhis who did not, according to him, opt for the armed forces. I then told him that it was not Sindhis’ problem but it was a problem for the national leaders and particularly those of armed forces to consider this as their problem and then try to fix it. In the United States before the 60s the participation of Afro-Americans was negligible and when civil rights were the focus of national leadership, it was decided to ensure recruitment of Afro-Americans. The policy was so successful that they now constitute twice their proportion of the population. Armed forces are a microcosm of national integration.

Unfortunately in our blighted country facts on the ground belie the claim of merit. Military’s involvement in politics has seriously jeopardized its discipline, character, morale and above all its regard for merit. Cronyism has become the hallmark for progress in the military. Obsequiousness is the order of the day. It is a sight to watch the juniors vying with each other in trying to massage the egos of the seniors. In the National Defence College whenever the Commandant made an occasional appearance in the class, a pall of gloom would descend on the participants and they would gawk on him in awe and wonderment. One rarely found them disagree with their seniors even on a matter of vital principle. Resultantly the thinking of the top man becomes the national policy, when they are in power.

This culture has thrown up the likes of not only General Niazi but subsequent custodians of Islam like Ziul Haq. It was Yahya Khan rather than Gen Ziaul Haq according to Brig A R Siddiqui who had started mixing religion with their ambitions. Gen Sher Ali invented the ideology of Pakistan. Islamic ideology became a tool in the hands of the military to stifle all opposition. His ideological stance fitted into the army’s emerging plan to retain its hold on the political fortunes of the country in perpetuity. He supported the Jamat-e-Islami during the 1970 elections. A rightist coalition of small parties was attempted to be formed to confront the nascent Pakistan Peoples Party in West Pakistan and Awami League in East.

System in place in Pakistan army has routinely thrown up some very undeserving persons at the top, revealing a total lack of regard for merit. General Niazi was not the only one with all the documented failings of a human being and an officer. He was selected for such an important assignment as the viceroy of an unfortunate province under a system completely lacking merit. One gets a glimpse of the ways the military is run in Pakistan when one reads the memoirs of General Gul Hasan. He audaciously admits character flaws in General Ziaul Haq and accuses him of being capable of performing acrobatic feats more spectacular than well-trained circus monkeys in double quick time. Zia, lying was woven in the fabric of whose being, and who was duplicitous, deceitful and thoroughly dishonest headed the army and the unfortunate country for good eleven and a half years. He laid the country waste politically, culturally and economically. And yet Gen Gul Hasan found no problem with the health of the army suffering under such a chief. And surprisingly Gul Hasan considered it humiliating for the military when such a duplicitous Chief was made to wait by an elected Prime Minister for two hours.

It so happened that General Gul Hasan was invited to see Mr. Bhutto, while serving as Ambassador, a post he had accepted in spite of his humiliating removal from the command of the Army. When he arrived the ADC to the Prime Minister showed him into a waiting room. General Zia arrived a minute later. Bhutto immediately called Gul who claims to have stayed with the PM for 90 minutes. And all this while Ziaul Haq was waiting outside. Our General was disgusted with Bhutto for belittling the status of the Army but not with a member of his ilk for choosing to wait. Gul Hasan held the army and its diabolical chief as synonymous deserving of respect and affection of citizens in equal measure, although one is only human and the other an institution.

Gul Hasan didn’t even know if Zia had prior appointment with the Prime Minister or he just chose to take a chance and wait. His tactics of feigned humility and accepting all slights as part of professional hazard brought him success and the Prime Minister chose him to head the army over about half a dozen his seniors, perhaps more capable and upright. In India, an army chief was made to resign when he complained to the Prime Minister regarding the attitude of the Defence Minister. In Pakistan, an elected Prime Minister would be lucky to come out alive after serving the country as representative of his people.

General Gul Hasan narrates another instance of General Ziaul Haq’s lack of character. Instead of ruing the day, Gul Hasan congratulated him on his promotion as Chief of Army Staff. Zia did not care to reply. When the two met in Dec 1976 in Rawalpindi, Gul Hasan complained to Zia for failing to acknowledge his signal of congratulations. Ziaul Haq, typical of him, adopted his age-old habit and denied having ever received the message. To which the General rightly remarked, “this is strange. A signal from the Ambassador to the head of the Army going astray.” Ziaul Haq not to be outdone swore that he had not received the signal.

In our generals’ minds the only person worthy of respect is the COAS and not an elected leader of the people or the people he represents. In case of Mujeeb, they humiliated him personally, put him in jail and committed atrocities on his people. In case of Bhutto, they very reluctantly allowed him to take over power only to hang him after a sufficient interval when the people would have all but forgotten the collective humiliation of the Army in 1971. People of Pakistan are very forgiving indeed, especially of the sins committed by Pakistan army.

Another instance of General Ziaul Haq that the author lovingly quotes relates to 1970 when the latter was serving as a Brigadier on deputation to Jordan. He had over reached himself exercising his pliant traits, which vexed Brig Nawazish Ali Khan, Head of Pakistan Military Mission who recorded in Ziaul Haq’s Annual Confidential Report “He is not fit to be an officer in the Pakistan Army.” Our good general interceded with General Yahya on behalf of Ziaul Haq for expunction of the adverse remarks and thereby set the stage for this grotesque personality to rule this country for 11 and half years. He admits that this was not the first time he had bailed out Ziaul Haq. This shows the flawed character of all three – Gul Hasan, Zia-ul-Haq and Yahya Khan. How can the army be trusted to confine to its designated role of defending the frontiers of the country with such chiefs at the top?

Gul Hasan quotes another instance when within minutes of his appointment to command 1 Armoured Division, one Lt Col Ziaul Haq, whom he perhaps didn’t know too well, congratulated him profusely. Of course he didn’t like it. But he goes on to mention that in his observation, he was the odd man out who either purposely kept aloof or was shunned by his colleagues. He was not prepared to get rid of him, in spite of his observation because “there was plenty of dead wood at Brig level.” A dead wood Brigadier rising to the position of an army chief would do what an unprofessional would be expected to do i.e. conspire and plot to overthrow a legal government. General’s disregard for merit and in equal measure lack of competence or independence of thought and action are symptomatic of the institutional malaise.

Gul Hasan’s favours to Zia listed in his book are numerous. He had saved Zia from attending 1970 war course at Quetta. In justification for his poor judgment in helping Ziaul Haq, General says not because he was related to him but because he had served under him directly and, “I was prone to taking care of my subordinates”. If that is the standard of evaluation of ones subordinates, the results should not be surprising. That is the quality of our Generals strutting on our national scene for years without shame or remorse, and blaming it all on the politicians whom they have hounded as part of their professed mission.

Gul, according to his Memoirs sent a telegram to the Chief of Army Staff in April 1977 urging him to oust Mr. Bhutto thereby admitting to commission of an act of sedition / treason. When asked why in 1972 as Chief of the Army he did not oust Mr. Bhutto, he said he was not interested. He didn’t say that it was not his job and that he had sworn to defend the constitution. The irony is that the same General Ziaul Haq pretended to be acting according to law when he put this General in jail on his return from abroad and lodged him at Sihala Police Rest House.

Three chairs to merit.

Chapter XXIV

DIFFERENT APPLICATIONS OF LAW IN PROVINCES?

Having started my brief career in Sukkur in Sindh I got my first independent charge of a sub-Division in Tank (NWFP) and went on to be posted in the former province of East Pakistan. Serving in three provinces in quick succession brought me some interesting discoveries of different methods employed under the same set of laws towards surprisingly the same purpose, i.e. of denying liberty to the citizens.

Criminal Procedure Code (CrPC) given to us by the British adopted not only by Pakistan but also India and Bangladesh has come to be applied differently, particularly the laws relating to detention without charge of innocent citizens. Independence has not induced the rulers to bring about a change in the enormous power enjoyed by Police and magistrates. One of the major activities engaging the time and attention of a sub divisional magistrate almost anywhere in Pakistan were cases under CrPC. In Sindh Magistrates were busy with cases under Sec. 110 Criminal Procedure Code was applied for decades to deny a citizen his freedom all in the name of maintaining law and order.

Section 110 Cr.P.C provides for security for good behaviour from habitual offenders and it goes like this.

Whenever a magistrate of the first class receives information that any person within the local limits of his jurisdiction:

(a) is by habit a robber, house breaker, thief or forger or
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbour thieves and aids in the concealment or disposal of the stolen property, or
(d) habitually commits or attempts to commit or ambit the commission of the offence or kidnapping, abduction, exhortation, cheating or mischief, or any offence punishable under Chapter XII of the Pakistan Penal Code or under section 489A etc, or
(e) habitually commits, or attempts to commit, or abets the commission of, offences in breach of the peace, or
(f) is desperate and dangerous as to render his being at large without security hazardous to the community,

Such magistrate may, in a manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding 3 years, a the magistrate thinks fit to fix.”

As Assistant Commissioner (Under Training) Sukkur, I decided a large number of cases mostly under Pakistan Penal Code over a period of one and a half years until I got the powers of first class magistrate. Sub Divisional Magistrate Shikarpur, which was then a part of Sukkur district, was transferred to the then East Pakistan and until his replacement arrived, the Deputy Commissioner gave me the additional charge for three weeks. One of the things one remembers doing during that brief period was to visit the local jail. It was overflowing with prisoners. There appeared just enough standing room there. The moment the prisoners knew who I was, they started clamouring in unison that they were the victims of ‘wadera’s zulm’. For having committed no crime they claimed to have been hauled up under Sec. 110 Cr.PC meant to bind down people with criminal record to furnish sureties and be of good behaviour for the duration of the surety. That one was a habitual offender or not was considered a matter of minor detail both by the police and the magistrate.

Some cases that came up to me for trial were revealing. Trial would be a farce. In evidence a police constable would routinely appear, stand attention and after a halfhearted salute, give evidence in a rote that amounted to saying that the accused was a dangerous and desperate person so much so that no one dared give evidence against him. And therefore in the absence of further evidence to corroborate this concocted version, he should be bound down to be of good behaviour for a period of one, two or three years, depending on the fancy of the police and the magistrate. My predecessor was a no non-sense man and a very hard working upright officer and enjoyed great reputation all around. He was rather ruthless in dispensation of justice. He carried with him three lists of badmashes, one prepared by the Police, the other by the Tehsildar/Mukhtiarkar and a third one through some other source. The persons that found place in all the three had to be very unlucky and had to stay in jail. It is not unlikely that the three sources were comparing notes before presenting the same lists to the magistrate. One was supposed to be strict, which means enforce law with iron hand without showing any squeamishness. Politicians strong on law and order are characterized as rightist or conservative in the West.

From Sindh I was transferred to the NWFP, still a part of that monstrosity, known as One Unit, specifically designed by the Punjab to control East Pakistan and the other three provinces. As Assistant Commissioner Tank I came expecting a heavy load of 110 Cr.PC cases. But in a backlog of about 10,000 cases to my surprise, there perhaps were only two or three. One thought that the area was far more civilized and police and Magistrate did not bother innocent citizens to keep them from harms way. But soon I realized that I was dead wrong and things were no different. Police here made extensive use of Sec. 107 Cr.PC read with Sec. 151 Cr.PC to exactly the same effect. 107 dealt with quarrel or fight between any two parties and the Police would send up both the parties to court and on to the jail unless they filed a compromise, which was readily accepted.

Section 107 Cr.P.C. provides for security for keeping the peace in other cases. Of the four sub-sections, the first one reads as follows:

“Whenever the Magistrate of 1st class is informed that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided requires such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period not exceeding 3 years as a magistrate thinks fit to fix”.

Sec. 151 Cr.PC reads as follows:

“A police officer knowing of a design to permit any cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.”

These two provisions would allow police and the magistrate to keep citizens in jail for as long as they wanted. The offences were bailable and the magistrate was bound to grant bail, but in order to neutralize the effect of legal provisions, onerous sureties would be demanded which a poor citizen could not furnish.

In East Pakistan things were quite different. Sub Divisional Officer/Sub Divisional Magistrate had a heavy load that included huge magisterial work. One spent a great deal of time doing Police file and the general file on daily basis. The former dealt with Police cases that it presented to the court and included challans, remand and bail cases. The latter included, direct complaints under S.200 Cr. PC, before a magistrate. Under the law any citizen can bring direct criminal complaint against another citizen, if the police refuse to entertain the complaint. Criminal justice in East Pakistan was administered little differently from West Pakistan. If the Sub Divisional Officer was away on tour, the other senior magistrate would do the work present at the Headquarter. I discovered that an accused refused bail – one magistrate having no power to override another, howsoever senior would easily get it from another the next day. This was a travesty of law. Ordinarily, one has to go in appeal before the District and Sessions Judge in case a magistrate has refused bail. Therefore I introduced ‘reforms’ on a limited scale. There were nine thanas or police stations and four subordinate magistrates. I divided eight thanas equally among four magistrates and kept the ninth one at the headquarters to my self.

With Sindh and NWFP experience I was surprised that East Pakistan had no cases either under sections 110 or 107/151 Cr.PC. The mystery regarding absence of laws meant to curtail liberty of innocent citizens soon unfolded when I visited the Serajganj jail. One was appalled to see some very young boys there? Why were they there? I was told for theft? I ordered all the children released right in my presence.

And then there were others who were not charged at all and held for months in jail. And why were they there? I was told that under Sec. 54 Cr.PC. And pray what is that. It was found that it was an omnibus provision, which granted Police the power to detain any one for 24 hours if it suspected that the person was going to commit a crime. They were there not because they had committed any crime but because the police suspected that they were about to commit some crime. At the end of twenty four hours they would routinely stay in jail because either they were not produced before the Magistrate or the Magistrate was not available or a myriad of other reasons. So our Police without any formal training in psychology could fathom the intention of a citizen to commit a crime and send a citizen behind bars.

Section 54 states that “any police officer may, without an order from a Magistrate and without a warrant, arrest:

Firstly, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists or his having been so concerned”

This section has eight more conditions giving police powers of arrest without warrant.

There was yet another category of prisoners in jail detained for possessing unlicensed arms under S13 of Arms Act. I asked the police that this being a bailable offence why were they kept for so long? I was told that carrying arms was concurrently a martial law offence, so the police chose to apply that section as well making the offence non bailable. I asked as to who decided that this martial law section would apply. Station House Officer (SHO), known as Officer Incharge (OC for short) came the reply. So this officer had arrogated magisterial powers of not allowing a person his freedom. I said could I release such a person on bail? Prompt came the reply, no. OK I said who had given them the remand for 14 days? The answer was the magistrate. Then what would happen at the end of this period if the Magistrate simply refused to extend the police or judicial remand? They were quite surprised at the logic and told me that the magistrate had no choice but to extend the remand periodically because of martial law regulation, because OC had thought fit to apply that section.

I thought over long and hard and came to a decision. When the prisoners were brought before me I decided not to allow further remand and admit them to bail. Police may have complained to the local military officers, because one of them called me on phone to protest. I told him that I was only exercising powers given me by law and if they had anything to say they better give it to me in writing. The fear of martial law was overpowering. I held my nerve. The written protest never arrived. So the problem was resolved to my satisfaction.

In my subsequent posting as Additional Deputy Commissioner/Additional District Magistrate Rajshahi, I had to decide cases sent up by police seeking permission to keep people under continued watch of the Police under S 110CrPC as they were habitual offenders. There were not very many cases in that heavily populated district. May be a dozen or so at best. The interesting point was that they had been under police watch for a decade or so and had never been convicted. The question arose if they were habitual offenders and had been committing crimes regularly why had the police failed to have them convicted? That led to any one of the two conclusions. Either they were innocent and police was using the provision of law to harass them or the police was so incompetent that it could not obtain a single conviction. I took the view that this was a case of police harassment and decided to disallow the requests and stopped all further surveillance in such cases. A minor storm in police magisterial relationship erupted. Superintendent of Police who normally behaved like a subordinate to the District Magistrate in East Pakistan, the police culture of Punjab not having infected the supremacy of a Magistrate, came running to the Deputy Commissioner for help. In spite of supervisory powers like approving tour programme of an S.P. and pass his traveling allowing bill, a Deputy Commissioner considered it wise to keep his S.P. in good humour. He also wrote his Annual Confidential Report. So keeping an S.P. in check did not require much effort on the part of the Deputy Commissioner. And yet the Deputy Commissioner sided with the police for sake of good relationship and remonstrated with me.

But the die had been cast and he could not change my decision because I had recorded it on the original police folder. Under the law both of us exercised concurrent jurisdiction as district magistrate; and he had no revisional powers.

Sindhyar says: September 25, 2010 at 6:20 pmor least would be the official reason for it
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If I am not wrong the real reason behind this “whole Exercise” is to absolve Army from the Murder of Bugti and restrict the allegation of Musharraf and his confidants [who was in plane with Musharraf in 1999 then Brigadier Nadeem Taj], read the statement of Talal Bugti and compare it with Jamil Akbar Bugti’s tough statement.

دوسری جانب جمہوری وطن پارٹی کے مرکزی صدر نوابزادہ طلال اکبر بگٹی نے کہا ہے کہ وفاقی وزیر پیداوار عبدالقیوم جتوئی نے پاک فوج کے بارے میں جو کچھ کہا ہے یہ ان کے اپنے ذہن کی اختراع ہے اور ’میں اپنے والد شہید نواب اکبر خان بگٹی کے قاتل پاک فوج کو نہیں بلکہ جنرل(ر) پرویزمشرف اس وقت کے ایم آئی کے سربراہ جنرل ندیم تاج اور ان کے ٹولے کوٹھہراتا ہوں، ایسے قاتلوں کو انصاف کے کٹہرے میں کھڑا کیا جائے ورنہ پرویز مشرف کو میرے حوالے کریں میں بلوچی رسم ورواج کے مطابق اپنا بدلہ لوں گا‘۔

Theme of the Research/Summary of Research “let the system work”

If one is for democracy he / she must not feel shy of acknowledging the truths. No more sacred cows. Accountability must be on board.

Muhammad Amjad Rashid says: September 26, 2010 at 1:33 am
last & final comment so that the users which read comments only for 2 or 3 minutes
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Such readers are advised to Switch On Their TV Set and Watch GEO TV because they give quick solution. There are no quick solution when the Fingering has a long History 1958-1969, 1969-1971, 1977-1988, 1999-2007.

Thank You Sir.

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