Why did Iftikhar Chaudhry hit Ahmed Riaz Sheikh? – by Farhad Jarral
Cheap (wrongly known as Chief) Justice of Pakistan has started targeting ideological supporters of PPP. Ahmad Riaz Sheikh, former Deputy Director FIA, was arrested today on orders of Cheap Justice. His crime? Because Mr Sheikh is a loyalist of PPP and its leadership.
In 1996 Sheikh Riaz as deputy director FIA arrested Mian Muhammad Sharif and Shahbaz Sharif in the Hudaybia Paper Mills corruption case. After the forcible ouster of the PPP govt, Sheikh Riaz was initially transferred to Balochistan, Gilgit and later made OSD (a redundant assignment). Chief of Nawaz Sharif’s Ehtesab (Accountability) Bureau Saif-ur-Rahman pressurised Mr Sheikh to give statement against Mohtarma Benazir Bhutto, promising that in return he would be made DG FIA. He refused and continued as an OSD.
In 1998, Mr Sheikh filed a case of political victimisation and got a stay order. In 2001, he was arrested on flimsy charges of misuse of authority, and was for several years kept in prison in the notorious Attock Fort. The NAB courts sentenced him for 14 years, however he filed for review in the High Court, where he was sentenced for 5 years and all his property was confiscated.
In 2007 he filed bail application before the supreme court and then the same judge granted his bail.
It was at 4 pm afternoon on 28 March that Sheikh Riaz was served a notice to appear before the court on next day (29 March) at 9 in the morning. He was in the Supreme Court for 5 hours and 95 percent of the time the Cheap Justice alluded to the President and Co-Chairman PPP Asif Ali Zardari. Only spent 5 percent of time on Sheikh Riaz’s case.
Riaz Sheikh has already served his sentence. He has served for 5 years in prison and has paid a fine. The question is, why is he being punished twice in same case? It is a settled law that nobody will be convicted twice in same case. Denial of justice can be seen clearly in Sheikh Riaz’s case.
There are only a few people who feel glad on today’s verdict of Supreme Court against Sheikh Riaz. We can easily understand the motive behind this verdict. Cheap Justice has proved himself as a leader of PML-Supreme Court branch, and his right wing companions in PML-N and Taliban are extremely proud of him.
Today’s verdict of the SC is the continuity of the recent Press Conferences made by Nawaz Sharif.
If anyone thinks that being a loyalist of PPP and act on the ideology, vision and thoughts of the great leaders Shaheed Zulfiqar Ali Bhutto and Shaheed Mohtarma Benazir Bhutto is an offence, then billions of Pakistani people will be glad to commit and own this offence until their last breath.
Jeay Bhuttoism!!
جناب چیپ جسٹس صاحب آپ اپنے ترکش میں سے پہلا تیر تو چلا چکے۔ شیخ ریاض کو پابندِ سلاسل کر کے آج گہری نیند سوئے ہونگے۔ چلو آپ نے شرفاٰء کو خوش کرنے کے لیئے پہلا قدم تو اٹھایا، وفاداریاں نبھانے کا آغاز تو کیا، احسان اتارنے کا آغاز تو ہوا۔
آج احتتساب الرحمان بھی دیارِ غیر میں شادیانے بجا رہا ہوگا۔ کہ میں نے جس شخص کو شہید محترمہ بےنظیر بھٹو کے خلاف بیان دینے کے لیئے (ڈی جی- ایف آئی اے) بننے کا لالچ دیا۔ اس نے اپنے فرائض کی بجا آوری کی اور اس کی بلیک میلنگ میں نہیں آیا۔ جیل کاٹی مگر استقامت میں کمی نہیں آئی۔ ٹارچر سہا لیکن ہمت نہ ہاری۔ او ایس ڈی بنایا گیا مگر اس کے قدم نہ لڑکھڑائے۔ وہ ایف آئی اے کا ملازم ضرور تھا اس نے فرائض کو مقدم سمجھتے ہوئے ملازمت کو بھی فرض کی طرح نبھایا۔ اس کے ساتھ ساتھ وہ ایک نظریاتی انسان بھی تھا۔ جو پیپلز پارٹی کے فلسفے اور نظریئے کا بغور مطالعہ بھی کیا کرتا تھا۔ اس لیئے بی بی شہید کے مکتبہِ فکر سے وابسطہ رہا۔
شیخ ریاض کو ناکردہ گناہ کی سزاوں کا ہمیشہ سامنہ کرنا پڑا۔ وہ شہداء کی پارٹی کا چاہنے والا تھا اور ہمیشہ رہے گا۔ میرے لیئے وہ شخص عظیم تھا مگر آج اس کا قد کوتاہ بلندیوں کو چھو رہا ہے۔ جب شیخ ریاض نے عدالت میں اس بات کا اقرار کیا کہ مجھے آصف ذرداری کا ساتھ دینے کی سزا دی جارہی ہے۔ مجھے شہداء کی پارٹی کے نظریئے اور فلسفے پر عمل کرنے اور اس سوچ کی سزا دی جارہی ہے جو شہید محترمہ بےنظیر بھٹو نے اپنی عوام کو دی۔
ایسی سزائیں میرے قدم نہیں ڈگمگا سکتیں۔ اس نے جواں مردی سے عدالت کی سنائی ہوئی سزا کاٹی اور آج بھی اپنے ناکردہ گناہ کی سزا برداشت کرے گا۔ مگر وہ فلسفہ و فکر جو شہید بی بی نے کروڑوں لوگوں کے زہنوں میں منتقل کیا اور خود شہادت کے رتبے پر فائز ہوگئیں، تو یہ قید مجھے بی بی شہید کے افکار اور شہید زولفقار علی بھٹو کے نظرئیے سے دور نہیں کر سکتی۔ اس نظرئیے، اس فکر اور اس فلسفے کو جسے آصف علی زرداری لے کے چل رہے ہیں۔ میں ان افکار کے ساتھ تھا، ساتھ ہوں اور ہمیشہ ساتھ رہوں گا۔
میری جناب چیپ جسٹس صاحب سے استدعا ہے کہ کیا آپ نے ٨٠٠٠ کیسز میں سے صرف ایک کیس میں ساری توانائی صرف کرنی ہیں؟ بقیہ ہزاروں کیسز بھی ذرداری صاحب کے کھاتے میں ڈال دو تا کہ معلوم ہو سکے کہ یہ بغضِ معاویہ میں ہو رہا ہے یا حبِ یزید میں۔
Ahmed Riaz Shaikh, the Former DD FIA and close confidant of Aitzaz Ahsan and Sharif Family as well. He is quite close to Mr. Ansar Abbasi. DAWN WIRE SERVICE
Week Ending : 26 April 1997 Issue : 03/17 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/26Apr97.html
Later, the Accountability Cell of the PM s Secretariat suspended all these officers except the two Ahmad Riaz Shiekh and Chaudhry Sharif. The FIA administration, the sources said, wanted to move against these two officials but they had not only been saved but the authorities had also been asked to process the case of promotion of one of them. According to one source, these officers have set the condition that they
will only go to FIA if the incumbent director general is removed.
PML leaders being excluded from Ehtesab process Ansar Abbasi
ISLAMABAD, April 25: Government agencies involved in the accountability exercise are said to be avoiding the processing of cases of alleged corruption or misuse of authority against members of the ruling PML, it is learnt. Investigations into the working of the Ehtesab commission and the interior ministry which are directly concerned with the accountability process under a statute, show that neither of them has been processing the references against PML leaders. According to sources, the two agencies have even been told to lay off certain cases.
The sources claimed that some of the top PML leaders against whom references had been pending were Prime Minister Nawaz Sharif, Sindh Chief Minister Liaquat Jatoi, Punjab Assembly speaker Pervez Elahi, former chief minister of the NWFP Pir Syed Sabir Shah, former Balochistan chief minister Zulfiqar Magsi, and former Punjab minister Raja Ishfaq Sarwar. Besides, a case against the NA deputy speaker, Jaffar Iqbal, was referred by an advocate from Multan to the Ehtesab Commissioner. But the commission has denied having received any formal reference in this regard.
A commission source, however, told this correspondent that the reference had actually been sent to the commission and it had been redirected to the provincial anti-corruption department for verification of the allegations. The Ehtesab Commission has so far referred a total of 54 cases to special benches of the high courts for trial. These include only two references against the PML leaders Chaudhry Sher Ali (MNA) and Jam Mashooq Ali (MNA). But both had been sent to the high courts much before the present government came to power. It is learnt that the agencies concerned have been told to keep a low profile in some cases involving bureaucrats and other top officials. The case of Raana Sheikh, former MD, PTV, for instance, has been pending with the interior division but they have been asked not to send it to the Ehtesab Commission, interior ministry sources told dawn. Later, the Accountability Cell of the PM s Secretariat suspended all these officers except the two Ahmad Riaz Shiekh and Chaudhry Sharif. The FIA administration, the sources said, wanted to move against these two officials but they had not only been saved but the authorities had also been asked to process the case of promotion of one of them. According to one source, these officers have set the condition that they will only go to FIA if the incumbent director general is removed.
Add’l DG FIA arrested, sent to jail
Updated at: 1718 PST, Tuesday, March 30, 2010
ISLAMABAD: Additional DG FIA Ahmad Riaz Shaikh has been arrested from courtroom and sent to Adiala jail after the six-member bench of the Supreme Court headed by Chief Justice Iftikhar Mohammad Chaudhry, restored his conviction in a corruption case for five years imprisonment and Rs 20 million fine.
PPP secretary information Fouzia Wahab while talking to Geo News said Ahmed Riaz has served his conviction and PPP will file an appeal against the decision.
He was taken into custody from the courtroom as ordered by Supreme Court, Geo News reported.
According to the details, six-member bench of SC restored the conviction of Ahmed Riaz Sheikh and ordered NAB to seize his assets and submit report within three days.
On Monday, SC gave the bureaucracy 24 hours to explain the appointment of Ahmed Riaz Sheikh in the FIA in violation of its verdict that had revoked the National Reconciliation Ordinance.
http://www.geo.tv/3-30-2010/62012.htm
Pakistan’s Chief Justice Takes on its Political Class By RANIA ABOUZEID / ISLAMABAD Saturday, Mar. 27, 2010 http://www.time.com/time/world/article/0,8599,1975646,00.html
To his supporters, and there are many, Pakistan’s Supreme Court Chief Justice Iftikhar Chaudhry is a hero, a man of honor who stood up for an independent judiciary and defied the diktats of former President Pervez Musharraf — and who continues to hold the political establishment accountable. To his detractors, however, Chaudhry is an activist jurist with unbridled powers, a populist with grandiose political ambitions.
In a country where politics can get very personal, the Chief Justice’s relationships with the pillars of civilian and military power, President Asif Ali Zardari and Army Chief of Staff General Ashfaq Kayani respectively, could be important in shaping Pakistan’s transition from de facto military rule to civilian democracy.
And those relationships are likely to be tested in the tussle over a package of wide-ranging constitutional reforms that was due to be introduced to parliament on Friday, whose purpose is to reverse changes made by previous military rulers, trim the power of the presidency, and alter the procedure for Supreme Court appointments. The bill would take Supreme Court appointments out of the hands of the president, who now makes nominations after consulting with the chief justice, and place them before a government legal committee that also includes several justices. Unlike the present system, judges would have to be confirmed by a parliamentary vote. The proposed reforms have widened the rift between Chaudhry and the government that has grown since the Chief Justice last year struck down amnesty decrees by Musharraf that protected many senior figures in government — including Zardari himself once out of office — from prosecution on corruption charges. And some saw the Chief Justice’s hand in the eleventh-hour stalling of parliamentary debate on the package on Friday by opposition leader Nawaz Sharif, who objected to proposals on the selection of judges. Sharif’s opposition, some senior politicians suggest, results from being pressured by Chaudhry, who is allegedly opposed to having his own power in the selection of judges curtailed. “The chief justice threatened [Sharif]. He said he’d open up all cases against him,” a senior leader of the ruling Pakistan People’s Party said on condition of anonymity. “He’s become an absolute dictator.”
On the contrary, says a legal expert at the Supreme Court and Chaudhry associate speaking on condition of anonymity, the conflict is caused by the “government [wanting] a chief justice and court which is compliant, not independent.”
The standoff over how judges are selected could have far-reaching implications in a political order feeling its way towards democracy, with the different branches of government are “attempting to first stretch the bounds of their authority and second, to learn how to work with each other,” says Samina Ahmed, Pakistan director for the International Crisis Group, a global policy-research center. “The problem in Pakistan has [historically] been with the military’s intervention, transitions have been disrupted, and the judiciary in the past has supported every military intervention.”
But as the two civilian branches of government tussle over their powers, neither appears to have clear backing from the military, whose preferences are often decisive. Still, some Pakistani media commentators suggest that the generals may be colluding with the judges to limit the power of government, already groaning under the weight of the president’s sagging popularity. They point to a stalled but soon-to-be-reopened Supreme Court case that accuses intelligence agencies of using the “war on terror” as a pretext to secretly detain thousands of citizens suspected of links to Baluchi separatists and other radical groups. The local Dawn newspaper reported last month that Supreme Court Justice Javed Iqbal said that the court “would not like to create the impression that it was out to destroy or tarnish the image of intelligence agencies” with regard to these cases. Chaudhry had in 2007 begun to investigate the issue of Pakistanis alleged to have disappeared into secret custody before he was deposed by Musharraf, and had ordered members of the security forces to produce several of the missing in court. Now, some media commentators are suggesting that Chaudhry is retreating from that fight. Chaudhry’s supporters deny the claim, and say that the court will not shy away from prosecuting any security officials who have broken the law.
Whatever the outcome of the particular battles over constitutional powers and various court cases, what remains clear is that Justice Chaudhry, while holding an office that is ostensibly above politics, will remain in the thick of it.
Pakistan court risking credibility by using vague Islamic morality for ousting President Zardari: Zardari Is Running Out Of Options By Najam Sethi
http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=2460
THE Supreme Court has predictably paved the way for ousting President Asif Zardari from the Presidency.
Its 280+ page judgment against the National Reconciliation Ordinance (NRO) emphasises several points.
First, it argues that the notion of “trichotomy of power” is enshrined in the constitution and cannot be violated. This means that parliament, executive and judiciary must not stray from their domains and encroach on that of the others. The reference is to the ongoing conflict between the executive and the judiciary on the appointment of judges and the execution of the orders of the Supreme Court by the government, in particular to the negative attitude of the government in not putting some government members on the Exit Control List as suggested by the court and its reluctance to prosecute its members and advise the Swiss government to reopen the corruption cases against Mr Zardari in Geneva.
Second, the court has cited the history of the successful legal battles by the Philippine and Nigerian governments to get the Swiss government to return the billions looted by dictators Ferdinand Marcos and Sani Abacha respectively and stashed away in Swiss banks.
The message is loud and clear: activate the Swiss money laundering case in Geneva against Mr Zardari, get him convicted and bring back the plundered money. A conviction in Geneva would be sufficient grounds to knock Mr Zardari out of the Presidency.
Third, most critically, the court has relied on the “ Islamic injunctions” in the constitution, even though these are based on vague notions of “ morality”. In particular, reference has been made to Articles 62 and 63 of the constitution inserted therein by that great Islamist fraudster- gangster, General Zia ul Haq.
These relate to conditions of qualification and disqualification from being a member of parliament ( like the president of Pakistan). Article 62 ( d): he is of good character and is not commonly known as one who violates Islamic Injunctions.
Article 62 ( f): he is sagacious, righteous and non- profligate and honest and ameen. Article 63 ( a): he is of unsound mind and has been so declared by a competent court. Article 63 ( g): he is propagating any opinion, or acting in any manner, prejudicial to … morality… or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan.
The case for the prosecution is likely to proceed thus: ( 1) Article 62( d) applies because Mr Zardari is commonly known to be corrupt, hence his universal nickname as Mr 10 per cent. ( 2) Article 62( f) applies because he not ameen or sagacious or non- profligate because he broke
his pledge to restore the judges and repeal the 17th amendment. ( 3) Article 63( a) applies because he submitted a medical certificate to the Swiss Court some years ago saying his mind was disturbed and he couldn’t attend the proceedings.
( 4) Article 63( g) applies because he has been alluding to the judiciary and army as “ conspirators” — hence defaming and ridiculing them — and undermining the integrity and independence of the judiciary by refusing to accede to the orders of the Supreme Court of Pakistan viz appointment and elevation of judges etc. IT MAY be noted that none of these provisions has ever been used to knock out any member of any parliament, high or low, in Pakistan.
Indeed, in 1985 the Lahore High Court threw out a petition against a member of the provincial parliament pegged to these provisions because of difficulties inherent in interpreting the moral provisions of these “ Islamist” articles.
Therefore the Supreme Court will have to risk its credibility for all times to come if it wants to get rid of Mr Zardari on the basis of any of these provisions.
Mr Zardari has cut short his Punjab tour in which he interacted with his party’s rank and file. He has retreated to the bunker of the Presidency in Islamabad to take stock and fashion a counter strategy for survival. What will this be? First, he will try and put up a spirited legal defence. This will be done by delaying the proceedings and marshalling strong political and Islamic arguments against the use of Articles 62 and 63. Second, he will try and build public opinion and persuade sections of the media ( which are still bipartisan) in his favour as a persecuted leader who is being targeted by a vindictive and partisan Supreme Court. Third, he will marshal his allies in Sindh, NWFP and Balochistan to rally around his besieged government by holding out their common bleak prospects in the event of a mid- term election forced by the Supreme Court’s relentless pursuit of the case against him.
Should worse come to worst and he cannot escape being ousted from the Presidency, his options will not look too good.
One, he can go quietly into the night, hand over to the PPP’s Senate Chairman, get another PPP loyalist or political ally elected as President, and wield power from behind the scenes as head of the PPP. The problem with this scenario is that the Supreme Court is bound to hound and jail him on the basis of the cases against him which will stand revived. Two, he can try and find a compromise solution behind the scenes with the judiciary, army and opposition which allows him to survive as a toothless president but strengthens the position and ambitions of the other players. The problem with this is the great difficulty of stitching such a compromise in view of the level of distrust that exists between all the contenders for power. Third, he can call for fresh elections and throw the country into a spin. The problem with this scenario is that the army and judiciary could join hands to postpone the elections for several years and use the time and space to decimate all politicians regardless of party affiliation. This is the most likely outcome of exercising this option.
There is a new and powerful troika reckoning for political supremacy in Pakistan. It comprises the army, judiciary and nationalistic media. Should the organs of the state succeed in expelling the organs of the people who are supposed to direct them, the political system of electoral and popular democracy, however incompetent and inefficient, will be scuttled in Pakistan, with far reaching adverse domestic and regional consequences.
The writer is the editor of The Friday Times (Lahore)
Source: Mail today, New Delhi
thanks farhad this is a very informative article
btw, ahmed riaz sheikh’s son wrote an open letter in response to ansar abbasi’s column which lubp had posted a while ago:
http://letusbuildpakistan.blogspot.com/2008/12/basit-son-of-ddg-intelligence-bureau.html
http://www.thenews.com.pk/top_story_detail.asp?Id=19260
Rabia i had seen this article and also the original one on basit’s blog. Thanks for the appreciation. We the LUBP Team are dedicated towards showing the reality of our DOODH K DHULAY Rightists, media, Print and Electronic both and Ifti Thakur’s Court !!
One by One every character [Lawyer] of “Free Judiciary Movement” will be fixed because more than 50 innocent lives are lost due to this “ACCURSED” Movement which was launched to provide safe exit to the Pakistan Army to restore it’s “NON EXISTENT HONOUR”
LATIS KHOSA [ONE OF THE CAMPAIGNERS OF CJ’S PUNJAB TRIP] WAS THE FIRST: Latif Khosa dissatisfied with Justice Ramday Updated at: 1344 PST, Thursday, November 05, 2009 http://www.geo.tv/11-5-2009/52432.htm
ISLAMABAD: Former Attorney General Sardar Latif Khosa filed a petition at Supreme Court (SC) for the exclusion of Justice Khalilur Rehman Ramday from the bench constituted to hear the corruption case filed against him (Khosa), Geo News reported Thursday. The petitioner Sardar Latif Khosa said in his plea that Justice Khalil is biased, as he passed antagonistic remarks during the hearing of a case relating Benazir Bhutto. Latif Khosa also attached with the petition a resolution of Lahore High Court Bar passed in 1998 against Justice Khalilur Rehman Ramday. It should be mentioned that corruption case against Latif Khosa is scheduled to be held tomorrow with a five-strong bench headed by Justice Khalilur Rehman Ramday. Earlier, Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry also separated from a bench hearing the same case.
RASHID RIZVI IS FIXED YESTERDAY, KURD WAS FIXED SOME DAYS BACK, WAJIHUDDIN AHMED IS SILENT NOW, TARIQ MEHMOOD IS SILENT AS WELL, MUNIR MALIK IS TO LOOK AFTER HIS PRACTICE AND “PRECIOUS CLIENTS” AND PRACTICE AS WELL [HE CANNOT SURVIVE A SINGLE “DRY” DAY THAT’S WHY HE WAS PROVIDED BOOTLEGGED MOONSHINE IN PRISON DURING EMERGENCY CRACKDOWN?? WE WERE TOLD THAT MEDICINES WERE NOT PROVIDED]
Athar Minallah and Swat Flogging????
The video was a fraud [prepared by the sister of a Lawyer who was Chief Spokesman for the Former Defunct CJ Iftikhar M Chaudhry] no doubt and created to Restore the Status of Armed Forces in the Eyes of Pakistan as a Force which can restore peace [whereas they are themselves responsible for Bloodletting in FATA and NWFP]. Shouln’t Mr Athar Minallah be brought to Justice as well because abetting in a crime is tantamount to committing a crime. Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002) by General Musharraf Military Regime. REFERENCE: Musharraf Consolidates His Control With Arrests By JANE PERLEZ Published: November 4, 2007 http://www.nytimes.com/2007/11/04/world/asia/04cnd-pakistan.html?_r=1&hp
Jang Group is quite strange because it keeps everybody happy: Swat video is genuine, claim activists Sunday, April 05, 2009
By Usman Manzoor http://thenews.jang.com.pk/top_story_detail.asp?Id=21338
And if that was not enough the group which was supporting the Flogging Video was also supporting Mr. Ansar Abbasi who was the harshest critique of that Video: Meanwhile, the civil society, traders and common citizens, who have been protesting in the twin cities and Murree to show solidarity with Ansar Abbasi, once again staged a protest demo in front of the Geo TV Building. The participants of the Monday’s sit-in were holding placards favouring the daring journalist of Jang Group. Arshad Abbasi, Jamil Abbasi, Aziz Satti, Sawar Satti, Ather Minallah, Tahira Abdullah and Jahangir Akhtar were prominent among the participants. Addressing the participants, Arshad Abbasi paid rich tributes o the editor investigations, The News, and said media was not a governing authority anywhere in the world but it was the duty of media to highlight the malpractices, and this was what Ansar Abbasi was doing. Journalists protest threats to Ansar Abbasi Wednesday, January 07, 2009 our correspondent Islamabad http://www.thenews.com.pk/daily_detail.asp?id=156056
BUT TODAY JANG GROUP TOOK ANOTHER SOMERSAULT!
Video of girl’s flogging in Swat was ‘fake’ Monday, March 29, 2010
http://www.thenews.com.pk/daily_detail.asp?id=231461
PESHAWAR: A resident of Swat, who claims to have prepared the fake video of flogging of a girl in Swat, has termed it drama and revealed that he received Rs0.5 million for doing so before the launch of military operation ‘Rah-e-Rast’.
Before the operation ‘Rah-e-Rast’, an NGO financed preparation of fake video of flogging in which they portrayed the Tehrik-e-Taliban Pakistan (TTP) members flogging a woman. The provincial government and Malakand Commissioner Syed Muhammad Javed ordered investigations and sought report from the authorities concerned.
After the successful operation in Malakand division, the law-enforcement agencies had arrested the children who were present in the video while a resident of Swat was apprehended by Kohat administration. The children and the arrested man revealed that the video was fake and said that it was made on the demand of Islamabad-based NGO which provided him Rs0.5 million.
Sources revealed that woman who was flogged in the video was also arrested and she revealed that she had received Rs0.1 million while Rs50,000 were given to each child. Sources said that the NGO produced the video to defame the country’s integrity and respect.
Sources stated that the law-enforcement agencies dispatched the report about the arrests of the culprits and proposed action against the NGO. They also said that the security agencies also apprehended the TTP workers who flogged the people.
Punjab Bar Council rejects Supreme Court National Judicial Policy.
PBC rejects National Judicial Policy Updated at: 2230 PST, Tuesday, March 30, 2010
http://www.thenews.com.pk/updates.asp?id=101847
LAHORE: Rejecting the National Judicial Policy, Punjab Bar Council Vice Chairman Mumtaz Mustafa, Chairman Executive Committee Rana Muhammad Akram and other members of Executive Committee said that the policy was not delivering justice to people and it was only accelerating the process for disposing of cases. Addressing a joint press conference, Mustafa, Akram and other senior members of the bar council said that hastening the disposing of judges was equal to the burial of justice. The judiciary should give rulings on merit without making any haste, they said. They said not even five percent judges are honest in lower courts, whereas the remarks of Lahore High Court Chief Justice suggest as if judges of Khilafat-e-Rashida have been appointed. Qazi Anwar, the president of Supreme Court Bar Association (SCBA), is not the representative of lawyers, they remarked.
Tuesday, March 30, 2010, Rabi-us-Sani 13, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/30-03-2010/u25900.htm
a comment of mine is stuck in ur spam.
@Amir Mughal: It is posted sir .. There’s no problem from my side, may be it was some network problem of your service provider.
Thanks.
Punishment of Qazaf for the Judiciary: CJ takes notice of girl’s flogging Saturday, April 04, 2009 – Orders production of victim in court on Monday; constitutes eight-member larger bench; president, PM condemn, order inquiry into incident By Sohail Khan & Asim Yasin http://www.thenews.com.pk/top_story_detail.asp?Id=21319
ISLAMABAD: The Chief Justice of Pakistan (CJP), Justice Iftikhar Muhammad Chaudhry, on Friday took suo moto notice of a girl’s flogging in Swat and issued notices to the federal interior secretary and the chief secretary as well as the inspector general police, NWFP, to personally appear before the court on Monday.
He also directed the federal interior secretary to procure and produce the victim (girl) before the court on the date fixed. According to Reuters grainy video footage, which emerged on Friday, apparently shot with a mobile phone camera shows militants making the burqa-clad girl lie on the ground on her stomach. One man holds her feet and another her head while a third man with a black beard and turban flogs her with a leather strap. Men can be seen looking on.
“For God’s sake, stop it … hang on, hang on,” the girl cries as the man beats her across the buttocks. A militant commander off-camera can be heard giving orders as the girl squirms and whimpers under the blows: “Hold her feet tightly, hold her hands tightly.” Human rights activist Samar Minallah said the girl was from a poor family and was flogged after a neighbour told the Taliban she had had an affair.
“They did this brutality just on suspicion. There was no trial. No evidence, no witness was produced,” she said. The chief justice ordered fixation of the matter under the Article 184(3) of the Constitution before an eight-member larger bench of the Supreme Court to be headed by him (CJP) on Monday. The larger bench consists of Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice Raja Fayyaz Ahmed and Justice Ch Ijaz Ahmed.
In this respect, notices have also been issued to the attorney general (AG), NWFP advocate general and Peshawar High Court Bar Association president to appear on the fixed date to assist the court.
The CJP took a serious notice on a video clipping screened on private television channels. In his suo-moto notice, the CJP said the matter was a serious violation of fundamental rights, guaranteed under the Constitution.
The CJP observed that the exact place/venue of the incident and the circumstances under which the punishment by whipping was administered was not known, it certainly constituted a serious violation of law and fundamental rights of the citizens of the country.
Geo TV, which showed the video of the incident, has also been directed to produce the CD of the incident. Three private TV channels have also been asked that they may jointly compile the video material of the incident and arrange to display the same before the court on Monday.
According to a press statement, issued by the Supreme Court registrar office, Geo News Television Channel released a video film on Friday of a 17-year-old girl being whipped in public. The punishment was administered by some unknown persons.
In the film, one person had held the girl from hands, the other from feet and the third one was beating her with a whip. The victim girl was continuously crying/screaming. The charge was that she went out of her home with a “Namahram”. The exact place of incident was not reported; however, it appears to be some place in Mingora or some village in Swat. Probably, the said news was also released by the foreign media, the statement said. It said that it is a very cruel act, violation of the fundamental rights and gives a very bad name to the country. The treatment is also in violation of Islamic norms/principles.
It further said the Constitution of Pakistan guarantees fundamental rights of its citizens. No person can be deprived of life, liberty without due process of law. The dignity of person is inviolable. No person can be subjected to torture or other cruel, inhuman or degrading treatment/punishment. Whipping is prohibited by law. The incident, therefore, constitutes a serious violation of the Constitution/law.
“It may be pointed out that according to Article 247 of the Constitution, the executive authority of the Federation extends to the Tribal Areas, including the Provincially Administered Tribal Areas (Pata). The federal/ provincial laws do not automatically apply to the Tribal Areas; however, such laws can be extended to it with the approval of president/governor,” the statement said.
It said the relevant portion of the Article 247 says: “Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a province shall extend to the Provincially Administered Tribal Areas therein.”
Neither the Supreme Court nor a high court shall exercise any jurisdiction under the Constitution in relation to a tribal area, unless Majlis-e-Shoora (Parliament) by law otherwise provides: “Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a high court exercised in relation to a Tribal Area immediately before the commencing day.”
It is pointed out that in the 1970s, the Supreme Court and high court jurisdiction was extended to Pata. So, in view of the above, the CJP may consider taking action in this matter under the Article 184(3) of the Constitution.
Meanwhile, President Asif Ali Zardari and Prime Minister Syed Yousuf Raza Gilani strongly denounced the flogging in public of a young woman and called for a report from the government and apprehending those involved in the heinous crime.
Spokesman for the president Farhatullah Babar said the president was shocked over this act of barbarism and had asked for a report from the government and the local administration.The spokesman said the inhuman and barbaric punishment meted out to the woman had made the heads of the people hang in shame. “For its sheer atrocity, the incident will continue to haunt the people and the country even in a distant age and clime,” he said.
He said the perpetrators of the crime had done a great disservice to humanity, religion and morality. “Such barbarism is unpardonable and cannot be tolerated; it will not be,” he said. The prime minister also ordered the authorities to inquire into the incident and submit a report.
He said, “The incident was also contrary to the Islamic principles, as our religion teaches us to treat the women politely and gently.” The prime minister said, “The government believes in the rights of women and will continue to take every measure to protect their rights.”
The uproar in our political arena certainly makes one wonder who the man in charge is? And where is all this leading to? Taking a cue from the past, one can assume that there have always been conduits to help undemocratic forces to make inroads and overthrow the howsoever-elected regimes. As far as I can recall from history, starting from the Ahmedi movement to the PNA uprising, from Kasuri to plane hijacking, all proved to be orchestrated events for the ultimate to arrive and stick for at least eight years.
The question is not who is serving as a conduit, but which undemocratic force is eyeing the “big pie”. The opposition, with certain exceptions, blames the government for not following the court verdicts on the NRO, the treasury benches claim that the Nawaz league is creating hurdles in smooth sailing, while the judiciary seems visibly annoyed over its verdicts not being implemented and Gen Kayani leading the strategic dialogues.
When Nawaz Sharif claims he halted the 18th Amendment in the “supreme national interest”, many parliamentarians hoped he was not referring to the Supreme Court. On the same lines, when Gen Kayani’s meetings with the bureaucracy and his taking centre stage at the strategic dialogue are considered advancements, parliamentarians hope his spokesman meant when he clarified that it’s just a routine matter.
The epicentre is yet to emerge but while this free-for-all wrangling is brewing more uncertainty, our power gleaners from religious and linguistic parties are certainly in a lurch. They somehow have a unique ability to smell the rat and, like we can see from recent events, some of these cheerleaders are either quiet or chipping in with their protests and demands both in and outside parliament.
Saeed Minhas
http://dailytimes.com.pk/default.asp?page=2010\03\31\story_31-3-2010_pg7_1
The Supreme Court’s (SC’s) hearing of a revived
corruption reference regarding the FIA Additional Director General of the Economic Crimes Wing’s promotion and appointment in grade 20 had some baffling aspects. Ahmed Riaz Sheikh, who was then deputy director general of FIA, had been sentenced to 14 years rigorous imprisonment and fined Rs 20 million in 2001 and dismissed from service in 2002 under the National Accountability law. Subsequently, the Lahore High Court had reduced the sentence to five years. What seems to have irritated the court most was that Ahmed Riaz Sheikh was rehabilitated and promoted to grade 20 on January 26 this year as a beneficiary of the NRO, in clear violation of the SC judgement of July 31, 2009 striking down the NRO and ordering all benefits withdrawn and cases reopened. The six-member SC bench not only reprimanded the bureaucracy and the selection board in the strongest terms for not adhering to the court’s verdict, but also issued contempt notices to various officials of the interior ministry, establishment division, FIA and NAB. While there can be no quibble with the rule of law, constitutionalism and adherence to the court’s orders in letter and spirit, the conduct of the bench has raised quite a few eyebrows. In addition to asking the FIA director general to rescind the promotion and appointment orders of Ahmed Riaz Sheikh, the bench, in an unprecedented demonstration of peevishness, had him arrested in the courtroom. If the assertion of the PPP spokesperson that he has already served out his five-year sentence is correct, sending him to jail makes no sense. Such humiliation seems inappropriate.
http://dailytimes.com.pk/default.asp?page=2010\03\31\story_31-3-2010_pg3_1
let me know, how a 19, or 20 grade person have billion of dolloar property. if one give 5 million rupee diamond set to his wife how much he would have in his hiden accounts. how he can get a charted aero plan. if he got punishment it means he was courrupt. i pray to Allah he give us lot of Iftekhar Chaudhry like chief justices.
Your prayers are answered already and also pray that he will keep giving Martial Law a Legal Cover.
Sheikh, of known humble means, had been inducted into the FIA by its former DG Aslam Hayat Wattoo to oblige Sheikh’s father, who reportedly worked on Wattoo’s agriculture farm in Haveli Lakha.1
Riaz Sheikh was convicted on corruption charges in 2001. The National Accountability Court had sentenced former additional director general FIA Ahmed Riaz Sheikh 14 years imprisonment, Rs 10 million fine and ordered to confiscate his property. Later, Lahore High Court reduced Ahmed Riaz Sheikh’s imprisonment from 14 years to 5 years while kept other sentences. Ahmed Riaz Sheikh had been dismissed from the post of deputy director FIA in 2002.
> A person dismissed from service, he is a convict, and was one of the beneficiaries of the NRO. This is enough reason to dismiss him from service, the guy received rapid promotion within a year, first from BS-18 to BS-19 and then in Bs-20.
He is a close buddy of Zardari and Rehman Baba > His 25-year old son, Hashaam Sheikh, is presently employed in the Presidency and fetches a salary of MP-1 scale, which is three times more than what a federal secretary draws8 and occupies an office on the 4th floor, same as President Asif Ali Zardari.
Cheap Chaudhry Justice has become a threat to democracy! The parliament must remove this person from office!
No to Judicial Dictatorship! No to Cheap Chaudhry Justice Iftikhar!
It’s revenge, not accountability, says Babar Awan
RAWALPINDI: The trial of slain Prime Minister Benazir Bhutto “is just revenge, not accountability” and it will not be allowed at any cost, Minister for Law, Justice and Parliamentary Affairs Dr Babar Awan said on Wednesday.
Talking to reporters after addressing a prize distribution ceremony at a local school, he said only the Pakistan People’s Party (PPP) leadership was being targeted under the garb of accountability.
Awan said an accountability bill would soon be tabled in the parliament that would aim at blocking ‘revenge tactics’ under the garb of accountability.
He said the PPP leadership did not flee from the country despite the allegations levelled against it. The PPP has introduced a culture of respect where fake cases are not registered against opponents, which is reflected by the fact that not even a single political prisoner can be found in the jails of Pakistan at present, Awan added. app
http://dailytimes.com.pk/default.asp?page=2010\04\01\story_1-4-2010_pg7_6
In ordering the opening of all corruption cases that were closed after the promulgation of the NRO in 2007, the court seems to have got carried away but two questions remain unaddressed so far: first, the issue of presidential immunity enunciated in Article 248(2) of the constitution, which clearly states that “no criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office, and if Supreme court violates its constitutional ambits, who would be guarantor that it would not create a mess?. Second, although the record of the Swiss cases is available in London, it is not clear at this point in time whether the Swiss judicial authorities who were hearing the case would be willing to entertain the SC’s wish. Even according to international law, no proceeding could be carried out against the incumbent head of state. It is par to smudge the image of Pakistan, in blind race to crush democratic regime. The court does not seem happy with the criticism it is facing regarding the NRO verdict. Instead of reacting in anger, their honourable lordships should revisit the issue. Frequent use of strong language and high emotions on the part of the highest seat of justice does not give the impression of a cool and collected body taking judicious decisions on sensitive issues.
Supreme Court under Iftikhar Chaudhry is utterly dishonest, highly incompetent, intellectually corrupt, politically motivated and totally biased. Reasons for this are detailed below:-
1. In the judgment of 31st July 2009, 14 PCO judges including Chief Justice Iftikhar ousted 104 constitutionally appointed judges and dubbed them as PCO judges inspite of the fact that these 104 judges had never taken oath under any PCO. In fact Iftikhar Chaudhry and his handpicked bench became judges in their own cause and validated their own appointments. This is sheer dishonesty.
2. NRO judgment is in clear violation of article 248. By referring to Swiss Cases President of Pakistan has been targeted despite constitutional immunity. Prosecutor General and Chairman NAB have been ordered to be removed from their offices. There is no law empowering the Supreme Court to order the removal of these persons.
3. NRO judgment is not capable of implementation in totality despite Supreme Courts over exuberance. Supreme Court is just trying to cover up its blunders by forcing Chairman NAB to implement the said judgment lest Supreme Court gets exposed.
PPP government and its legal team lack co-ordination and depth. Their comprehension is slow and response to the illegalities of Supreme Court is either lacking or apologetic. The Attorney General is not performing his constitutional role of telling the Supreme Court that Judiciary is exceeding its constitutional limits. The Attorney General is either silent in this matter for fear of contempt or is unaware of his constitutional obligations as Attorney General. The hitherto performance of Attorney General shows lack of competence and commitment. Senator Faisal Raza Abidi is a fairly competent person but he is alone. He needs a team of accomplished legal experts to support and supplement him. It appears that PPP’s legal advisers are hindering the formation of a larger team of legal experts in order to keep their monopoly. This monopoly is seriously undermining the writ of the government especially when it is facing strong opposition from PML [N] who have very close links with Supreme Court Judges. Some of these connections are detailed below:-
A. Nawaz Sharif has links with Iftikhar Chaudhry through Rana Sanaullah and some other lawyers who are closely connected to Supreme Court Judges.
B. Khalil Ramdey’s son who is a lawyer works for Nawaz Sharif. His nephew is also working for Nawaz and despite his inexperience he was made the Advocate General of Punjab but could continue because of his inability to perform the functions of that office.
C. The daughters and a son-in-law of two recently appointed Supreme Court Judges are working in a law firm of one of the senior legal advisers of Nawaz Sharif. This legal adviser who is also a former Advocate General of Punjab is a close confidant of these judges.
D. The aforesaid former Advocate General and Advocate Hamid Khan have close connections with Justice Jawad Khwaja. This judge at one time was working in the same law firm.
Conclusion
Peoples Party is growing weak because of its indecisiveness and inaction. PPP must tell the supreme court of its constitutional limits or quit. If Dr. Sher Afghan can take on the entire Supreme Court single handedly why can’t the government in power force the Supreme Court to remain within its bounds. Supreme Court’s own validity is questionable and that is why judges are behaving erratically.
These facts are absolutely correct and can be verified by anyone.
Correct:
Good Old Days of Mr. Justice Iftikhar Muhammad Chaudhry [During Martial Law of General Musharraf] Courtesy Dawn Wire Service [Complete PCO Bench] Read how Martial Law was Justified by the Judges and Iftikhar Muhammad Chaudhry was part of the bench: Incumbent CJ in the company of sacked PCOed CJ Abdul Hameed Dogar! Judicial Amnesia & Martial Law Duties.
http://chagataikhan.blogspot.com/2010/04/judicial-amnesia-martial-law-duties.html
@Aamir Mughal
Well for starters how can an average civil servant enjoy the lifestyle of Mr Sheikh? obviously he was a corrupt official and if CJ has imprisoned him why is this a problem? as true pakistanis and patriots we all should be happy that this man has met his fate rather than cry foul about it. For the love of God pleaseee think about our beloved country rather than these idiots who have plagued our nation, robbed us and live a life of a prince when half the country sleeps with an empty stomach
For starters. How can a Chief Justice have the audacity to lecture a Civil Servant about Rule of Law when the same CJ had violated the OATH by taking oath under Martial Law i.e Violation of Article 6 of 1973 Constitution: Reminder: Judicial Amnesia & Martial Law Duties. http://chagataikhan.blogspot.com/2010/04/judicial-amnesia-martial-law-duties.html
If the above doesn’t help then this will surely help!!!!)))))
Zardari Specific Judiciary/Accountability & News Reports/Press Clippings.
http://chagataikhan.blogspot.com/2010/03/zardari-specific-judiciaryaccountabilit.html
This will take your breath away! Alleged Demand For The Trial of NRO Creators.
http://chagataikhan.blogspot.com/2010/01/alleged-demand-for-trial-of-nro.html
And if you are interested in Islamic Code then read this: Judiciary: Narcissism, Vanity & Talbees-e-Iblees [Devil’s Deception] http://chagataikhan.blogspot.com/2010/03/judiciary-narcissism-vanity-talbees-e.html
If you are Linguistic and Ethnic in Nature then this will help: Punjabi judges must stop the witch hunt in the name of justice or risk backlash from other provinces Wednesday, March 31st, 2010 at 1:59 pm http://www.yousufnazar.com/?p=931
these people should be shoot at sight.. sucking bloods from paki awaam..CHEAP justic? if someone if serving justic once in pak history .. he is cheap ? what a shame we bring on our self .. bhuto saab has gone? zardari is not even closer to Mr Bhuttoo .. i dont know how these ppl sleeps even..
Riaz sheikh kee sari family ko sar i aam goli mar deni chayee, Yeh log pakistan kee dhartee par boj han. in ko jab tak kuton kay agay nahin dala jaye ga, Pakistan rishwat aur corruption say pak nahin ho sakta
Strange but true as Yousuf Raza Gilani was amongst the chair bearer with Zia Ul Haq, Babar Awan was very much against ZAB and even known to have distributed sweets when ZAB was hanged, Hussain Haqqani, etc etc etc, there are hundreds of examples when people like above were once utterly and physically against PPP and were always found busy in downgrading the party BUT now they are on highest echelons and respected as such like been within PPP since birth. Dr. Firdous Ashiq Awan was an active politician with PMLQ and always defended Musharaf’s doings now she is actively defending PPP, what the hell. Yes now PPP supporters are eagerly defending the above lot all the time that they are now with us like, ‘ Subah Ka Bhoola sham ko Ghar Aa gia” so whats wrong with Iftikhar Chaudry coming to justice in the eve, even he supported the previous military rule on PCO, but not any more.
Honestly, the reason is simple, when ever some body puts a wrong eye on PPP and its doing, the whole opposing clan is considered bad and dishonest and bla bla. Soon the cases of PMLN will be opened up by courts and the same judiciary will become the apple of discord for al PMLN workers and supporters and Iftikhar Chaudry will become the same as commented up in many remarks. Soon we will observe same remarks from PMLN when Sharif brothers will be asked by courts to put their accounts on the table.
So dont blame Iftikhar Chaudry alone, we have got a big lot of looters who do keep on vagabonding in the morning and they come home ‘clean’ in the evening like nothing has happened.
It is very hard to staunch the leaches within our society and unluckily they are growing in size and quantity and using us to defend them politically. The real justice will always be held sometimes by using the ‘linguistic and ethnic’ slogans, some times will be considered as ‘acts of establishment’, some times will be termed as ‘ slap on pro-democratic forces’, ‘ anti -democratic forces’, what not and what not.
It would be interesting to note, soon when PMLN leaders will be indicted in any case by the same judiciary they are trying to promote and protect because currently they feel that the current judiciary is targeting Zardari and clan. When the guns are turned over to PMLN, the ‘supremacy of judiciary’ slogan will go to hell and PMLN will be ready to ambush yet another court.
Syed Anwar Kidwai suggests that Mr Riza Sheikh’s only crime was his friendship with President Zardari. He was therefore ‘the 12th man’ arrested by the Iftikhar Chaudhry mafia:
http://www.jang.com.pk/jang/apr2010-daily/11-04-2010/col10.htm