An Open Letter to Mian Nawaz Sharif Friday, August 28, 2009 http://akchishti.blogspot.com/2009/08/open-letter-to-mian-nawaz-sharif.html

An Open Letter to Mian Nawaz Sharif
Mian Nawaz Sharif,
Raiwind Palace &
H-180 Model Town,
Lahore.

Dear Sharif Sahib,

I hope you are doing well? It seems you are, you look young everday. I remember you as Prime Minister of Islamic Republic of Pakistan very well. You were the youngest one if I am not wrong? And indeed a very active one.

I will not waste your time, Mian Sahib as a student of history, I saw you coming to power as an alternate to Benazir Bhutto’s government as an enterprising leader who enjoyed support from the military. Earlier you came in prominence with the slogans like, “Jaag Punjabi Jaag” and became finance minister of Punjab taking oath from General Gillani under another dictator General Zia ul Haq who publicly branded you as his own ‘son’. In 1990 , I remember you winning 92 out of 105 parliamentary seats in Punjab alone defeating Pakistan Democratic Alliance who relied on it’s Sindh bastion. You were appointed as the youngest prime minister ever in December, 1990 and indeed as Ishaq Dar claims (much like Manmohan Singh’s Economic Policies in 1990’s) set the country on the path of economic liberalism – steps which should be acknowledged but then around 1991 you my dear prime minister, relaxed exchange controls and privatized 89 public corporations where atleast more than half of the 89 corporations by directly and indirectly owned by Itefaq Group – a company your father, owned.

A few months later you showed your loyalties to General Zia and “re-launched” Islamization policy and passed Shari’ah Bill passed in May, 1991. During this time, those who accuse you being a power-hungry autocrat, accuse you of proposing 12th amendment authorizing yourself to take control of a province.
Earlier in 1990’s Late former prime minister, Benazir Bhutto who signed the ground-breaking Charter of Democracy alleged in her book that you took money from Osama Bin Laden. Khaled Khawaja a former ISI spymaster who had spend time with you writes in his book a remarkable communication between you and Osama Bin Laden.
According to Khawaja, Nawaz replied, ‘I love jihad’. Unimpressed, Osama stood up and pointing to a pillar in the room said, “Yes, you may love jihad, but your love for jihad is this much,” indicating a very small part of the pillar. ‘Your love for your children is this much,” pointing to a larger portion. “And your love for your parents is this much,” he continued, pointing towards the largest portion. “I agree that you love jihad, but this love is the smallest in proportion to your other affections in life.” However, to Osama’s dismay the argument went over Nawaz Sharif’s head.

Khawaja revealed that Osama gave Nawaz just a minuscule of the Rs 500 million cash that he wanted, but more importantly, for the Pakistani, what he received in kind proved to a virtual windfall.
My former prime minister, these are serious allegations – something you should publicly come out and defend. Sir, there’s obviously a serious issue of atleast two bank transfers from ISI to your andJaved Hashmi’s account of Rs. 6 million and Rs.50 million somewhere around early nineties – details and documentary evidence of which has been with the petition lodged at Supreme Court by General Asad Durrani on April, 20, 1994.

Mian Muhammad Nawaz Sharif it is now alleged that you took part and give out consent to kill more than 15,000 members, voters, sympathizers of MQM during the infamous, “Operation Cleanup” with the establishment. I remember during those time, you gave out strong statements against MQM and showed MQM’s men on PTV who were obviously drugged to give out confessional statements against “MQM’s involvement with the Jinnahpur Maps” – something which after 17 years been exposed by your closest ally Brigadier Imtiaz. Brigadier Imtiaz, former IB chief who reported directly to you apart from actually giving out details of “Operational Midnight Jackel” where you, Mian Nawaz Sharif with the helped of establishment conspired to dislodged an elected democratic government – certainly an act against the State which constitutes high treason and merits Article 6. You first government finally fell prey to the vary people whom you conspired with Ghulam Ishaq Khan then president who dismissed your government on grounds of corruption and law & order but the Supreme Court decision in an unprecedented decision restored you which shows that : Supreme Court always had good relations with you. Your government didn’t lasted long and you had to announce for an early election which paved way for Late Benazir Bhutto to come to power.

In February, 1997 elections due to one of the lowest turn outs in history of Pakistan which was only 35.92% because of boycott of virtually all major parties and where PPP voters didn’t came out, you were elected Prime Minister of Pakistan for the second time through a crushing majority where you won 134 seats out of 204 and got powers to amend constitution and true to your character of “more and more power” and perhaps learning from history: you amended the constitution.

On April Fools Day, 1997 the two chambers passed the 13th Amendment over turning the 8th Amendment where 58 (2) which allowed the president to dissolve the NA was annulled; Article 101 obliged the president henceforth to consult the prime minister before nominating governors; Paragraph 112 (2b) which gave governors the power to dissolve provincial assembles was abolished ; Paragraph 243 (9) (2) was modified so the president lost his discretionary power to appoint military leaders and became the most powerful Prime Minister in the history of Pakistan.
They say that with power comes responsibility but you Mian Sahib, systematically used yout authority to undermine the opposition in defiance of the separation of powers. The judiciary which you now champion was your first victim where you all of a sudden reduced the number of judges of Supreme Court from 17 to 12 and violated Article 190 of Constitution but you Mian Sahib, blackmailed the nation, judiciary and president by passing a motion with the view to making the president dismiss the chief justice, Sajjad Ali Shah. It was during this time that a mob attacked Supreme Court which your spokesman, claimed to be “the anger of people”.

During all this quarrel President and Chief Justice left offices and you again took the advantage and got Rafiq Tarar a friend of your father as President of Pakistan. All this time Itefaq Foundation grew to be a multi-billion company. You brother ran the province of Punjab and you ran Pakistan as your family business. While your brother was running the affairs of Punjab and his politices like those of Islamabad largely served the Punjabi’s interests and business interest in general. Turning his back on the calls for austerity which the IMF and stipulated as a condition for your latest loan, Finance Minister Sartaj Aziz in fact announced that from 28th March there would be a supply policy based on tax xoncessions to the employers.
My dear former prime ministers, your enemies also issued a list of loans which you defaulted during that time. Kindly confirm that either you and your businesses defaulted on following loans or not?
ITTEFAQ FOUNDRIES (PVT) LTD Rs.18 carors, 84 lakhs, 41,000
ITTEFAQ BROTHERS (PVT) LTD Rs. 12 cr, 87 lakhs
BROTHERS STEEL MILL Rs.9 cr. 52 lakhs.
ILYAS ENTERPRISES 56.753,000
FAROOQ BAKTH LTD NOT KNOWN
ITTEFAQ TEXTILE MILLS-I NOT KNOWN
ITTEFAQ TEXTILE MILLS-II NOT KNOWN
ITTEFAQ TEXTILE MILLS-II NOT KNOWN
BROTHERS TEXTILE MILLS LTD 7,400,000
KHALID SARTAJ TEXTILE MILLS LTD NOT KNOWN
KHALID SARTAJ INDUSTRIES (PVT) LTD NOT KNOWN
RAMZAN BAKSH TEXTILE MILLS LTD 200,119,000
BAKTH TEXTILE MILLS NOT KNOWN
ABDUL AZIZ TEXTILE LTD NOT KNOWN
ITTEFAQ SUGAR MILLS LTD 106,574,000
BROTHERS SUGAR MILLS LTD 15,000,000
RAMZAN SUGAR MILLS LTD 146,697,000
ITTEFAQ GROUP SERVICES (PVT) LTD 56,965,000
ITTEFAQ COLD STORAGE NOT KNOWN
ABBAS AND COMPANIES NOT KNOWN
Prime Minister this is indeed serious allegations something which you should come out personally and not ask your advisers who are now seen as “DEVILS ADVOCATE” and nothing less.

And then as if you didn’t had enough of power, you somehow introduced 15th Amendment on the 9th of Octuber, 1998 and tried becoming “Ameer-ul-Momineen” in the name of Islam apart by taking name of imposing Shiria law and powers to dictate whats right and wrong. I also remember your treatment to the press and freedom of speech during those time where you limited Jang Newspaper to only one page apart from arresting lot of journalists.
Every politician, like any other celebrity, has his or her tryst with destiny. Mian Sahib, this is my first letter of series of letter. I understand you have physically, mentally and spiritually reformed a lot but you should now seriously come clear yourself in public and apologize for what you have done or at least clear out the misconceptions if it is a misconception at all.
I look forward for your reply at [email protected].

Yours Truly,
Ali Kamran Chishti.
Karachi.

Ittefaq, Redco, AWT among top defaulters, NA told By Our Staff Reporter September 2, 2003 Tuesday Rajab 4, 1424
http://www.dawn.com/2003/09/02/nat14.htm

ISLAMABAD, Sept 1: Former prime minister Nawaz Sharif’s Ittefaq Foundries, former Ehtesab Bureau chief Saifur Rehman’s Redco Textile Mills, Uch Power, Army Welfare Trust and Bayindir Construction Tourism Trade and Industries Corporation are among the top 99 loan defaulters of the country, the National Assembly was informed on Monday.

Finance Minister Shaukat Aziz in his written reply to a question by People’s Party Parliamentarians member Syed Naveed Qamar informed the house that the list contained the information till Feb 1.

The list was provided from the records of State Bank’s banking supervision department, credit information bureau.

The names of the borrowers are: Fateh Textile Mills, Uch Power, ARY Traders, Ilyas H. Usman, Spinning Machinery Company of Pakistan, Northern Polyethylene, Army Welfare Trust, Anwarzaib White Cement, Ittefaq Foundries, Mohib Textiles Mills, Kohinoor Industries Faisalabad, Bela Chemical Industries, Resources Development Corporation, Karachi Development Authority, Abdul Shakoor Ismail Kaloodi, Ghee Corporation of Pakistan, Mekran Fisheries, National Fibres, Kiran Sugar Mills, Chaudhry Cables, Sarela Cement, Faruki Pulps Mills, Marhaba Textile Mills, State Engineering, Murtuza Haseeb Textile Mills, Mehr Dastagir Spinning Mills, Zarak Textile Mills, Dadabhoy Cement Industries, Kohinoor Edible Oils, Pakland Cement, West Pakistan Tank’s Terminal, Global Marketing, Redco Textile Mills, Bachani Sugar Mills, Punjab Cooperative Board for Liquidation, Service Fabrics, World Automobiles, Pioneer Cement, Quarel Cassettes, Aziz Spinning Mills, Kashmir Sugar Mills, Utility Stores Corporation, Bawany Sugar Mills, Chaudhry Wire Rope Industries, National Fructose Industries, Cofcot Textile Mills, Mian Mohammad Sugar Mills, Tharparker Sugar Mills, Pakpattan Dairies, Consolidated Sugar Mills, Sun Flow CIT-RUSS, Stone Craft Industries, Trans Mobile, Haral Textile Mills, Firdous Spinning and Weaving Mills, Crystal Chemicals, Pak China Fertilizer Company, Tri-Star Polyester, National Motors, Bilal Spinning Mills, Zenith Coating, Ravi Agri and Dairy Products, Regency Textile Mills, Qand Ghar, Dannemann Fabrics, Marmitex Industries, Pearl Fabrics, Millrock Quarrying, Tristar Shipping Lines, Dadabhoy Energy Supply, Spinghar Textile Mills, Pangrio Sugar Mills, Hala Spinning Mills, Synthetic Chemicals, R.K. Textile, Raja Weaving Mills, Anoud Power Generation, Sunshine Jute Mills, Pakistan Concrete Products, Ghandhara Nissan, Pak Exports, Crescent Knitwear, Mak Dying and Finishing Mills, Multan Edible Oil, Mumtaz Shahbaz Textile Mills, Mohib Exports, Ansari Sugar Mills, Consolidated Spinning and Textile Mills, Mohib Fabric Industries, Spencer Distribution, International Ghee Industries, Indus Fruit Products, Aleemsons Weaving Dying and Printing, Ittefaq Bros, Bayindir Construction Tourism Trade and Industries, Montgomery Modern Flour and Rice Mills, Hilal Corporation, Nimir Industrial Chemicals and Saadi Cement.

Replying to another question, the minister said there were 491,372 defaulters of different banks and development financial institutions, of whom 7,981 were defaulters of Rs1 million and above.

The real cause of MQM-PML hostility Thursday, September 03, 2009 By Amir Mir http://webcache.googleusercontent.com/custom?q=cache:K2HgKiLeBw8J:www.thenews.com.pk/daily_detail.asp%3Fid%3D196296+MQM+amir+mir&cd=1&hl=en&ct=clnk&gl=pk

LAHORE: The present animosity between the Altaf-led MQM and the Sharif-led PML has more to do with the October 1998 murder of former Sindh governor Hakim Mohammad Said and the subsequent imposition of the Governorís Rule in the province by the then prime minister Nawaz Sharif, rather than the 1992 operation clean-up, following which the two parties had mended fences and joined hands to form coalition governments in Sindh and at the federal level.

The MQM is swinging between the PML and the PPP since the restoration of democracy in Pakistan in 1988, by joining almost every ruling coalition in Sindh. Having joined hands with then prime minister Benazir Bhutto after the 1988 elections, the MQM walked out of the PPP-led coalition in Sindh and at the centre in 1989. After the 1990 elections, the MQM teamed up with the Sharif-led PML, but left the coalition in 1992. After the dismissal of the second Benazir government in November 1996 and the subsequent holding of the 1997 general elections, Nawaz Sharif and Altaf Hussain had again joined forces against their common rival PPP.

On February 21, 1997, the MQM leadership signed a power sharing accord with new prime minister Nawaz Sharif and joined the coalition government at the federal level and in Sindh. As per the accord, Nawaz Sharif had agreed to hold a judicial probe into the deaths of ìhundreds of MQM workers in police custody or fake encounters besides granting compensation to the families of the deceasedî. Interestingly, the PML-MQM did not mention the 1992 military operation, for which the MQM now blames the PML.

The first major development that followed the PML-MQM reunion was the Sindh High Courtís February 1997 decision to acquit Altaf Hussain and his 18 co-accused in the kidnapping and torture case of Major Kaleemuddin of the Field Intelligence Unit (FIU) of the Pakistan Army. The acquittal only became possible after Advocate General Sindh Shaukat Zuberi had submitted before the court that numerous omissions and contradictions had been made during the trial and that he would not support the convictions of the accused by a special court for suppression of terrorist activities.

On April 1, 1997, the PML-MQM coalition government in Sindh announced the formation of a compensation committee to pay compensation to the members of the affected families and their legal heirs ìwho had suffered during the period October 1993 to November 1997î. Once again, there was no mention of the year 1992 when the infamous operation clean up was launched by the Pakistan Army in Sindh. This was despite the fact that the operation clean-up had started in the rural areas of Sindh on May 23, 1992 and in the urban areas of the province on June 19, 1992. The operation had cost the government over Rs 4 billion since 45,000 military and para-military troops of the Corps V were deployed in Sindh to assist the civil administration in restoring peace.

As a follow up to the PML-MQM power sharing accord of February 21, 1997, the Sharif government subsequently paid a hefty amount of Rs 500 million from the federal kitty as compensation to the families of 711 MQM activists who had either been killed or left disabled. However, the London-based MQM leadership now claims that around 15,000 MQM workers and supporters had lost their lives in the aftermath of the 1992 operation clean up. Interestingly, the MQM workers were not the only ones to have been compensated by the then Sharif government.

A sum of Rs 200 million was also distributed as compensation money amongst 634 bereaved families of the Army, Rangers and the Police Jawans who had lost their lives between May 1992 and April 1998 in ìanti-terrorist operationsî carried out in Sindh.

To the amazement of many, the families of those killed (MQM-A workers) and those who had been blamed for their deaths (law enforcement agencies) were paid an equal compensation amount of Rs 300,000 each by the Sharif government. While the widows and other dependents of the army, rangers and police Jawans were given compensation money because they had lost their lives ìfighting terrorismî, the family members of the MQM-A workers were compensated for their ìextra-judicial killings by the law enforcement agencies.î But the most astonishing aspect of the whole episode was that the army had claimed a head money reward of Rs 5 million from the Sindh government for killing 368 desperados during the 1992 operation clean-up, including several MQM-A activists whose families had to be paid compensation money eventually.

The PML-MQM coalition went smooth afterwards for almost a year, before some serious differences erupted between the two partners, making the MQM to quit the federal and Sindh governments in August 1998. Yet on September 20, 1998, the MQM resumed support to the PML government at federal level and in Sindh, but without joining the cabinets.

However, their alliance came to an abrupt end following the October 17, 1998 murder of the former Sindh governor Hakim Mohammad Said, who was allegedly assassinated by MQM activists in Karachi. The main accused in the murder case was Zulfiqar Haider, a serving MPA of the MQM from the Sindh Assembly.

On October 28, 1998, ten days after the murder and having received the initial inquiry report from the authorities, Nawaz Sharif accused the MQM legislator and seven other party activists of involvement in the Hakim Said murder and set a three-day deadline for Altaf Hussain to handover the killers, including the MPA, failing which he threatened to call-off the PML-MQM alliance.

On October 31, 1998, following the MQM leadershipís refusal to meet the deadline, the then prime minister Nawaz Sharif imposed federal rule in Sindh, which was followed by a massive crackdown by the security agencies against the MQM, which led to a fresh round of hostilities between the two political parties whose leadership is at daggers drawn against each other even today.

General Janjua — the man behind 1992 operation Friday, September 04, 2009 By Amir Mir http://webcache.googleusercontent.com/search?q=cache:JqXu8yBhRo4J:www.thenews.com.pk/print1.asp%3Fid%3D196562+nawaz+sharif+Operation+cleanup+1992&cd=5&hl=en&ct=clnk&gl=pk

LAHORE: The decision to launch the infamous 1992 operation clean-up in Sindh was largely taken by the military establishment immediately after the retirement of General Mirza Aslam Beg as the Army chief and the elevation of the then chief of general staff General Asif Nawaz Janjua to his place in August 1991.

General Janjua had been the corps commander Karachi for three years from April 1988 to March 1991 before being elevated as chief of general staff in April 1991 for a brief period, only to be made the 10th chief of army staff three months later on August 16, 1991. And the operation clean-up was launched shortly afterwards.

A careful scanning of the Pakistani newspaper files between 1989 and 1992 show that a proposal to send in the Army to ‘clean up’ Sindh was first floated in 1989 when Ghulam Ishaq Khan was the president of the country, Benazir Bhutto the prime minister, General Aslam Beg the Army chief and Lt-Gen Asif Nawaz the corps commander Karachi. However, difference of opinion arose after Ghulam Ishaq and General Aslam Beg opposed the suggestion.

It was during his tenure as the corps commander Karachi that Asif Nawaz shot to prominence. Sindh at that time wilted under the most violent period in its history. Ethnic battles between Sindhis and Mohajirs were a routine affair and Asif Nawaz was often asked by the civil administration to deploy his troops to impose curfew and break the civil strife.

On one such occasion, Lt-Gen Asif Nawaz had to personally come forward as a guarantor between two ethnic extremist groups to ensure a safe swapping of the hostages from both sides, who otherwise would have been killed. Therefore, he had floated a proposal to the PPP government in 1989 for carrying out two separate operations in urban and rural areas of Sindh against extremist elements in the Mohajir Qaumi Movement (MQM) and Al-Zulfiqar Organisation as well as against criminals and dacoits who had been enjoying the protection of influential political personalities and landlords. However, Beg reportedly voiced his opposition to the proposal and simply dragged his feet by demanding Herculean powers from the federal government for the Army under Section 245 of the Constitution.

Even otherwise, there were elements in the Bhutto government who argued that a genuinely impartial military operation, cutting across party and ethnic lines, as envisioned by Asif Nawaz, would shake the foundations of the entire political edifice.

However, the ground work preceding the military operation in Sindh was eventually started in August 1991 soon after Aslam Begís retirement and Asif Nawazís elevation by Ishaq Khan. After taking Prime Minister Nawaz Sharif into confidence, the military high command had issued directives to the Inter-Services Intelligence (ISI) and the Military Intelligence (MI) to prepare secret reports on the activities of dacoits, criminals, terrorists as well as political elements patronising notorious elements in Sindh. A separate cell was formed within these agencies to focus on the activities of the Altaf-led MQM, but with precise directives that these reports should remain completely impartial and credible.

However, problems began to crop up when Prime Minister Sharif was informed by the intelligence agencies that some provincial ministers allied to his Islami Jamhoori Ittehad (IJI), President Ishaqís son-in-law Irfanullah Khan Marwat, several prominent Pirs of Sindh, then chief Minister of the province Jam Sadiq Ali and some key members of the PPP and the Altaf-led MQM were all involved in criminal activities. Subsequently, the leaderships of different political parties were informed of these intelligence reports and asked to purge their parties of such elements as early as possible. In response, the PPP high command publicly severed its links with Al-Zulfiqar while Altaf Hussain deemed it fit to expel Afaq Ahmed and Amir Khan from the MQM.

However, Nawaz Sharif was advised by his close aides that so many politicians from Sindh have been named in the intelligence reports as criminals that if they were rounded up, the Jam Sadiq-led coalition government would simply collapse; the PPP would seize power in Sindh and the PML-led government in Islamabad would be plunged into a serious political crisis. Sharif was also warned that any action against criminal elements of the Altaf-led party by the Army could prove counter productive, despite the fact that intelligence reports had described the MQM as “a state within a state”.

Nonetheless, General Asif Nawaz Janjua was determined to move ahead with his plan of an operation clean-up in Sindh to cleanse the province of criminals. By that time, the infamous kidnapping and torture of Major Kaleemuddin by MQM henchmen had already taken place. In May 1992, a month before the operation was officially launched, the original plan was reviewed by the GHQ and it was decided that a direct clash between the Army and the MQM should be avoided.

Therefore, the MQM-Haqiqi was launched. But the intelligence move backfired and severely damaged the credibility of the Army. During a high-level troika meeting hardly two weeks before the operation clean-up, General Asif told Prime Minister Nawaz Sharif that although many MQM, PML, PPP and Pagaro League members were on the criminal list, the Armyís first and foremost target would be dacoits in interior Sindh.

However, as soon as the operation was launched, Nawaz Sharif was taken by surprise as the Army opted to raid the Nine Zero headquarters of the MQM in Azizabad to arrest dozens of its activists and leaders who were wanted for their involvement in criminal and terrorist activities. By that time, while sensing the gravity of the situation, Altaf Hussain had already fled Karachi for London.

As pressure mounted on Nawaz Sharif by the component parties of the IJI, he decided to give a clear cut message to the Army by travelling to London to meet Altaf Hussain on June 19, 1992 when the operation clean-up was at its peak in Karachi and Hyderabad.

And his move explicitly meant to distance himself from the operation clean-up of the Pakistan Army that was being directed against one of his important coalition partners in Sindh — the Altaf-led MQM.

Pakistani Public has a short term memory and in case of Jang Group of Newspapers it is Intentionally a Short Term Memory. In the above news which was covered by almost all the National Dailies of Pakistan but Jang Group tired to capitalize the same with a twist. Nowadays, Former Ehtisab Bureau Boss, Senator Saifur Rehman [PML-Nawaz – 1996 – 1999] is like a knight in a shining armour for the Jang Group of Newspapers specifically for the leading correspondent/journalists/anchors [Judge, Jury, and Executioner] i.e. Dr Shahid Masood, Mr Kamran Khan and last but not the least Muhammad Saleh Zaafir who day in day out quote Senator Saifur Rehman’s “Excellent Achievements” when he was Ehtisab Bureau [Accountability Bureau] Chief [whereas he is absconder as per Interpol Record Wanted KHAN, Saif Ur Rehman

This glaring “Intellectual Dishonesty” of the Jang Group and their Correspondets [Editor in Chief too] is beyond comprehension. Two examples are as under:

As per an “Allegedly Famous Investigative GEO TV Program” Aaj Kamran Khan Kay Saath –24 th November 2009, Mr. Kamran Khan, Senior Correspondent for GEO TV/THE NEWS INTERNATIONAL & Daily Jang, continuously insisted while discussing NRO with Wajid Shamsul Hasan [Pakistan’s High Commissioner to the United Kingdom] that corruption cases registered against Asif Ali Zardari for were genuine and Senator Saifur Rehman [Pakistan Muslim League Nawaz – & Former Undeclared Adivosr to General Musharraf] really and genuinely worked hard on these cases. What a shame for The Jang Group of Newspapers which was ruthlessly persecuted by the same Senator Saifur Rehman during 1999 and more shameful is this that the same Kamran Khan and Jang Group of Newspaper had filed stories after stories against Senator Saifur Rehman’s Corruption and Violation of Rules and Law regarding Press Freedom.

Wednesday, November 25, 2009, Zil’Hajj 07, 1430 A.H [page 4]

Another is from Dr. Shahid Masood – Sunday, February 14, 2010, Safar 29, 1431 A.H [Page 2]

While praising Senator Saifur Rehman and Nawaz Sharif [read exploiting both to get Zardari], the Jang Group Owners and Senior Correspondents “Conveniently Forget” the Fact that they themselves had filed Petition against Mr. Nawaz Sharif and Senator Saifur Rehman in the Supreme Court of Pakistan, which is as under:

“QUOTE”

Text of Jang Group’s petition filed in Supreme Court

IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION)

“QUOTE”

1. Mir Shakil-ur-Rahman, s/o Late Mir Khalil-ur-Rahman, Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

2. Independent Newspapers Corporation Private Limited, Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

3. The News Publications (Pvt.) Ltd. Al-Rahman Building, I.I.Chundrigar Road, Karachi.

4. Jang Publications (Pvt) Ltd., Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

5. Jang Limited, Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

6. J&S Enterprises (Pvt.) Ltd., Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

7. Combined Investment (Pvt) Ltd., Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

8. Jang Enterprises Limited, Printing House, Muhammad Bin Qasim Road, Off I.I. Chundrigar Road, Karachi.

…. PETITIONERS

VERSUS

1. The Federation of Pakistan through Secretary, Ministry of Interior, Islamabad.

2. The Secretary, Ministry of Information & Broadcasting, Government of Pakistan, Islamabad.

3. Senator Saif-ur-Rehman, Chairman, Ehtesab Bureau, Prime Minister’s Secretariat, Islamabad.

4. The Director General, Federal Investigation Agency (FIA), Islamabad.

5. The Central Board of Revenue (CBR) through its Chairman, CBR House, Islamabad.

…… RESPONDENTS

PETITION UNDER ARTICLE 184(3) OF THE CONSTITUTION OF PAKISTAN 1973.

Respectfully Sheweth:

Introductory Statement:

1. That the Petitioners Nos. 2 to 8 are companies incorporated under the Companies Ordinance 1984 having their registered office at the places indicated in the title of the petition. The Petitioner No. 1 (Mir Shakil-ur-Rahman) is the Chief Executive of the Companies cited as Petitioners No. 2 to 8 (which are collectively & commonly known as the Jang Group of Companies) and has been duly authorised by the respective resolutions thereof to file, institute and pursue the present petition in this Honourable court and to do all that may be necessary in this regard: The Petitioner No. 2 (Independent Newspapers Corporation (Pvt.) Ltd.) publishes daily “Jang” from Karachi, Lahore, Rawalpindi and Quetta simultaneously. It also publishes weekly “Mag”, “Akhbar-e-Jahan”, “Daily News”, Karachi and “Daily Awaz”, Lahore. The Petitioner No. 3 (The News Publications (Pvt.), Ltd.,) publishes daily ‘The News’ from Karachi, Lahore and Rawalpindi and daily ‘Awam’, Karachi. The Petitioner No. 4 (Jang Publications Ltd.) publishes the daily “Jang” and “The News” from London. All above stated publications and periodicals are collectively known as the “Newspapers Of the Jang Group”. The Petitioner No. 5 (Jang Limited) has the proprietary/ownership rights of daily The Jang. These newspapers/magazines being published by the Petitioner No. 2 & 8 are printed by the Petitioner No. 6 (J&S Enterprises (Pvt.) Ltd.) which has its presses at Karachi, Lahore, Rawalpindi and Quetta. The Petitioner No. 7 (Combined Investment (Pvt.) Ltd.) is the owner/landlord of all buildings and press premises where the offices or presses of the publications of the Jang Group of newspapers and the office of Jang Group of Companies, are situated. The petitioner No. 8 (Jang Enterprises (Pvt.) Ltd.) is the publisher of different books published by the Jang Group. Besides holding the offices of Chief Executive Officer of the Jang Group of Companies the Petitioner No. 1 (Mir Shakil-ur-Rahman) is also the Editor-in-Chief and Printer and Publisher of the newspapers of Jang Group with the exception of the weekly, Akhbar-e-Jahan, and a share-holder in the Jang Group of Companies.

2. That the Petitioners Nos. 2 to 8 have always been objective in the evaluation of the performance of any government. The said Petitioners have sought to pursue the same consistent policy of objectivity with regard to the activities of the present government. The prime and paramount consideration of the Jang Group has always been the dissemination of objective information in the larger public and national interest, This is so irrespective of the fact that the news may displease the government, such as news regarding the bad law and order situation, and terrorism etc. However, despite its best efforts to ensure a smooth relationship with the present government without compromising on its principles, during the last several months, the Respondents have launched a campaign of vilification, intimidation and harassment against the Jang Group. This campaign is motivated by the fact that the Petitioners have refused to accept the Respondents’ unjustified demands to tailor their news, views and editorial policy as well as the coverage and display of news and information to suit the desires and wishes of the Respondents. The Respondents have also demanded from the Petitioners, the dismissal of senior and renowned journalists including Mr. Irshad Ahmad Haqqani, Ms. Maleeha Lodhi and Mr. Kamran Khan. The Petitioners have been clearly informed that this malicious campaign will be relentlessly pursued unless all the journalists on the hit list of the Respondents are fired and the Petitioners cover events, and comment upon, issues according to the dictates and desires of the Respondents. The Respondents have clearly stated that even if the Petitioners give in to these demands, the Respondents will monitor their “performance” for a few months before withdrawing the various notices issued, proceedings commenced and prosecutions launched. Being aggrieved of the campaign launched against them involving illegal, malafide and abusive exercise of powers by the Respondents, the Petitioners prefer this petition before this Honourable Court.

3. That in view of the Constitutional guarantees of Fundamental Rights, and the dynamic interpretation of these Rights by this Honourable Court in a number of cases, the Petitioners who are the victims of arbitrary exercise of power resulting in gross violation of Fundamental Rights have filed this Petition. This petition raises issues of public importance relating to the enforcement of Fundamental Rights guaranteeing the freedom of speech and expression of the press as well as other Fundamental Rights including but not limited to the dignity of man (Article 14), the freedom of trade (Article 18), the right to hold property (Article 24), and the right to equality before law and the right to equal protection of law (Article 25), read, with Articles, 2A, 3 and 4, and the Principles of Policy, of the Constitution.

Questions of Law

A. Whether the power conferred by law on the Respondents can be exercised in violation of the Fundamental Rights guaranteed under Articles 14, 18, 19, 24 and 25 of the Constitution read with Articles 2A, 3 and 4 and the principles of policy thereof?

B. Whether the freedom of the press guaranteed under Article 19 of the Constitution permits the Respondents or their agents to interfere with the rights and obligations of the editors, publishers and printers of the newspapers?

C. Whether the freedom of the press guaranteed under Article 19 of the Constitution provides freedom from arbitrary interference by the Respondents in determining the personnel and editorial policies of the newspapers?

D. Whether the arbitrary and capricious demands raised by the Respondents for dismissal of particular journalists from newspapers of the Jang Group is compatible with the freedom of speech, expression and the press guaranteed under Article 19 and the dignity of man guaranteed under Article 14 of the Constitution?

E. Whether the machinery of the State can be used by the Respondents to penalize, intimidate and harass the newspapers of the Jang Group for providing news coverage of and commenting on the acts and conduct of public officials and government functionaries and whether such action is compatible with the rights guaranteed under Articles 14, 18, 19, 24 and 25 of the Constitution?

F. Whether the arbitrary distribution of government/semi-government advertisements to the different newspapers by the Respondent No. 2 is compatible with Article 4, 18, 19 and 25 of the Constitution of Pakistan?

G. Whether restraints imposed on the newspapers by arbitrary control over the supply of newsprint by the government is violative of Articles 4, 18, 19 and 25 of the Constitution?

H. Whether those of the Respondents who are statutory functionaries are constrained by the limits of the prescribed law under which they function or whether they are at complete liberty and without any legal constraints to take any action against the Petitioners including violation of their Fundamental Rights solely because the Petitioner publications are perceived by these Respondents to be critical of Government?

I. Whether in the event of there being any allegation of evasion of tax by any person, the concerned functionaries are required to observe the provisions of the law or whether they can unleash a reign of terror on the dictation or direction of the Respondents against any person as is now being done against the Jang Group?

J. Whether the proceedings by different functionaries responsible for collection of revenue, held in undue haste and in a most arbitrary manner, violate the Petitioners’ Fundamental Rights of due process of law and access to impartial and independent quasi judicial fora?

K. Whether the imposition of emergency under Article 232 has the effect of suppressing the Fundamental Rights mentioned in Article 233(1), including Fundamental Rights in Articles 18 and 19, in all matters or the latter article shall only be applied in circumstances having a nexus with the grounds upon which emergency has been proclaimed?

L. Whether the assertion of Fundamental Rights (Articles 18 and 19 in particular against executive actions can be thwarted on the ground of application of Article 232 read with Article 233(1), even if the impugned actions are tainted with malafides?

M. Whether the state can take an executive action without the sanction of law merely on account of the application of Article 232 read with Article 233(1) of the Constitution and whether such impugned actions are sustainable at all?

N. Whether the grounds upon which emergency was proclaimed on 28-05-1998 and was upheld by the Supreme Court of Pakistan on 28-07-1998, are no longer available and whether it is not time to re-examine the continuance of emergency? The Petitioner in this regard relies on circumstances emerging during the preceding six months and indicated in material annexed herewith.)

Facts

1. That although modest in its origin, the Jang Group flourished due to the tireless efforts of its founder late Mir Khalil-ur-Rahman, his colleagues and the professional journalists of high repute with whom the Jang Group was privileged to be associated. Through their dedication and commitment to the highest ideals of freedom of the press, and by encouraging and promoting a free exchange of ideas which is fundamental right of the people and enables them to determine their lives through democratic discourse, the Petitioners have earned the trust and confidence of the people as a reliable source of information about, and comment upon, current events.

2. That the newspapers published by the Jang Group have provided a springboard for divers of ideas since their primary objective is to promote genuine discourse on issues of broader public interest for the people of Pakistan. It is with this objective that the Jang Group has consistently invited journalists with divergent views and political orientation to enlighten the readers through their columns on regular basis. The Jang Group has always endeavoured to maintain a balance in coverage and display of divergent news items of public importance in the larger national interest and has made every effort to disseminate information to the public. In the same vein the newspapers/periodicals of the Jang Group have also encouraged and invited analyses from experts in their respective fields as well as comments from general public through letters to the editors and through public surveys.

3. That insofar as reporting is concerned, the newspapers published by the Jang Group have always emphasized on investigative reporting while maintaining objectivity in disseminating information. These newspapers/periodicals have been particularly keen to ensure that their newsreports/analyses reflect facts and plurality of analyses. They have been no less sensitive to the need of a fair appraisal of governmental performance in its true perspective. It is for this reason that the newspapers/periodicals published by the Jang Group have succeeded in attracting a formidable readership which constitutes the majority of the readers in the country as well as amongst Pakistanis living abroad.

4. That in order to encourage further participation by the general public on issues which affect their lives, the daily Jang initiated a regular column carrying survey of public opinion which highlights the views of the ordinary citizens on topical issues. This column has generated tremendous interest of the readers as it is not only unprecedented but also reflects a wide variety of views.

5. That it is in the essence of democracy that plurality of views have effective access to the market place of ideas. That although free speech is its own justification, it is also the most effective mechanism for enabling people to determine the truth and to decide for themselves the most efficient policy(ies) to promote their interests. It is only through unimpeded democratic discourse that the truth emerges. This is exactly what the newspapers/periodicals of the Jang Group have endeavoured to do since their inception. In pursuit of these objectives, it is natural that the newspapers/periodicals publish material which the government of the day may not always find altogether pleasing and indeed quite often it finds such news/analysis irksome. Nonetheless, it has been the well thought out policy of the Jang Group that neither any information nor analysis is to be withheld from the readers, simply for the reason that it may irritate the government. A number of governments in the past have expressed their displeasure with what has been written about their performance and indeed some of them being less tolerant of criticism went to the extent of expressing their displeasure by withholding government advertisements from the publications of the petitioners and by threatening and pressurizing them through various means including but not limited to probing their tax files and re-opening cases and assessments which have been closed and concluded. Tax authorities have mostly been used by the governments to intimidate those who rightly or wrongly have been perceived as the opponents of the government. By subjecting its performance to objective analyses, the Jang Group has incurred the wrath of the present government with the consequences depicted in detail herein below. The government is now in the process of imposing further restrictions on free speech and expression and freedom of the press and unless it is restrained by this Hon’ble Court it will curb free speech, demolish the free press and by punishing the message as well as the messenger undo the democratic system of government which has just begun to sprout roots in the country.

6. That during the months of June & July 1998, governmental interference increased due to publication of a number of critical columns/news items in the newspapers of the Jang Group. These searching columns/reports and analyses were directed towards keeping the public informed and to encourage a wider discussion on issues of national importance.

7. That as stated above, the daily Jang which is published by the Petitioner No. 2 initiated a series of survey reports inviting opinions of the members of the general public through telephone/personal interview on current issues of national/international importance. The survey reports are a fair reflection of the prevailing trend of the public opinion and facilitate governments in gauging the public mood and formulating its policies. It may be added that such surveys are conducted by newspapers the world over and are regarded as a part of the normal activities and functions of the press in a democratic system of government.

8. That Article 19 of the Constitution guarantees freedom of the press. This envisages dual rights; namely the right of the newspapers to disseminate information/analyses on issues of current importance and the corresponding right of the public to receive the same and benefit from such analyses and comments. This is the essence of an informed public debate which forms the basis of democratic decision making. It is with this objective that the Constitution provides for an interactive process between the print media and its readers. However, even democratically elected governments have been just as prone to media hostility as their un-elected predecessors.

9. That the traditional means of governmental efforts to control the print media have been arbitrary interference with the supply of newsprint; complete stoppage of government advertisements, issuance of notices by subordinate state functionaries from the tax departments, boycott by government and its controlled bodies of such newspapers including cancellation of subscriptions, raids by FIA, false cases from customs authorities, arrests or threats of arrests, etc.

10. That sadly these arbitrary actions have been invoked on a routine basis by almost all the governments in the past and the actions of the present one unmistakably indicate that it is no exception. The objective news reports, fair comment and critical analyses of government policies published in some of the newspapers published by the petitioners No. 2 to 4 were taken by the present government in a spirit which though consistent with the response of its predecessors is completely alien to democratic governance. Although it is the privilege of every government to differ with the news expressed in a particular article or contradict news reports which it considers to be incorrect or unfair to its position, yet the government reaction must be compatible with the dictates of a Republican form of government which the Constitution of Pakistan envisages.

11. That the governmental response in the present context was to claim for itself a supervisory role of the newspapers by assuming for itself the functions which are normally assigned to the editors of newspapers. Indeed, the governmental claim went beyond that. It sought the power to hire and fire the newspaper employees and the right to determine for itself as to which journalist can be affiliated with the newspapers. All sorts of belligerent statements have been made on behalf of the government warning the print media of dire consequences.

12. That in early August 1998, Senator Saif-ur-Rehman, the Respondent No 3 being visibly annoyed with the overall editorial and personnel policy of the Jang Group, approached the Petitioner No. 2 on behalf of the government and raised the following demands:

a. Dismissal of four senior and renowned journalists namely, Mr Irshad Ahmad Haqqani, Ms Maleeha Lodhi, Mr Abid Tehami & Sohaib Margoob.

b. That the stories contributed by Mr Kamran Khan should be vetted by the Petitioner No. 1 personally prior to publication and the said petitioner should ensure that nothing against the government is published in his stories.

c. The publications of the Petitioner Nos. 2 to 8 should support the proposed constitutional amendment (CA-15). Likewise, the newspapers were required to support the government policies relating to the judiciary.

The details of the demands raised by the Respondent No 3 are attached herewith.

13. That the Petitioner No. 1 was assured by the Respondent No. 3 that if these conditions were fulfilled, all tax notices issued to the Jang Group and other actions will be immediately withdrawn. The Petitioner No. 1 refused to accept any of the conditions as it would have amounted to a complete surrender and negation of the freedom of the press and would have compromised the principles which the Petitioners have always stood for in the broader national interest.

14. That on refusal by Petitioner No. 1, the Respondents activated the age old methods used for pressurizing the media. The government advertisements to the Jang Group were gradually curtailed and then ultimately stopped completely. All tax authorities immediately commenced proceedings and re-opened decided cases. Fresh notices were issued and a typical story of victimization was repeated. Not content with this, the Respondents went even further and the telephones of Petitioner Nos. 1 to 8 and editorial staff of the publications of the Jang Group were tapped. Threat of arrest and implication in false cases was also made.

15. That ultimately, Petitioner No. 1 was constrained to raise the matter before the All Pakistan Newspapers Society (APNS) and the Council of Pakistan Newspapers Editors (CPNE). Thereafter, a joint meeting of the two bodies was convened at Islamabad on August 27, 1998 which discussed the matter and constituted a committee to have a dialogue with the government over this dispute with the Jang Group. Petitioner No. 1 was also compelled to hold a press briefing on the same day wherein the trade unions and federation of journalists from all over the country were also present to express their solidarity with the Jang Group. Petitioner No. 1 also met the Prime Minister on this account. Subsequently, the freeze on advertisements imposed earlier by the government, was lifted and there was some respite for the Petitioners. However, the cases pending before the income tax authorities, against the Jang Group, continued in-spite of the fact they were false and that they had been promised to be withdrawn.

16. That like all other daily newspapers, the daily Jang also published a report originally carried by the daily “Observer”, London, regarding the first family, and the suggestion by General Jehangir Karamat, the then Chief of Army Staff for the constitution of a National Security Council. This was followed by some other investigative stories and a telephone survey. Upon the publication of the afore-said materials, the coercive apparatus of the state was immediately unleashed in all its fury against the Jang Group. The newspapers published these news items as they related to issues of national importance. The government resumed its anti-press and particularly anti-Jang Group campaign in its full swing and the Income Tax, Wealth Tax, the Customs authorities and FIA got involved with insurmountable zeal. False and concocted cases against the Jang Group and its directors were initiated with the sole aim and object to make the nation’s largest and oldest newspaper establishment submit to the will of the government.

17. That although the foreign media particularly the British press published detailed reports about the financial dealings of the Prime Minister’s family, yet due to the government’s pressure these reports were published in low key manner without prominent display. Yet even this low key approach to publishing these news items led to a furious reaction from the government and it was annoyed that these items had been published at all.

18. That all these actions make a mockery of the Constitutional guarantees of the freedom of speech, expression and the press, and render the same completely devoid of meaning.

19. That in the month of November, 1998, Respondent No: 3 again confronted Petitioner No. 1 with a new set of demands and assured him that if these were met the actions initiated against the Petitioners would be stopped. These demands, inter-alia, included the following:-

a. Dismissal of sixteen prominent journalists and filling of the vacancies so created, by nominees of the government.

b. Initially it was demanded that the reports by Mr. Kamran Khan must be printed on the inside pages of the newspapers in single column and articles/columns of Mr. Irshad Ahmad Haqaani be reduced to once a week. Later the outright expulsion of these journalists was demanded.

c. Support for the government on CA-15, on the Karachi situation and other policies. In addition, it was demanded that nothing against the government should be published in the newspapers of the Jang Group.

d. No adverse comments about the private affairs of the family of the Prime Minister, such as the story(ies) published in the “Times” London, “Independent” London, and the “Observer” London as well as broadcasted by the BBC and the Voice of America etc.

Evidence of the fact that these demands, and the first set of demands referred to in para 11, were actually made by the Respondent No. 3 is in possession of the Petitioners and will be produced if denied by the Respondents or ordered by this honourable court.

20. That the Respondent No: 3 stated that if these conditions were fulfilled, the tax notices and other actions would be withdrawn. The said Senator also claimed having issued orders to the tax authorities to put pressure on the Petitioners and to “tighten their screws”. He made other threatening remarks too stating that he will use the FIA and Customs and other state functionaries/authorities to teach a lesson to the Jang Group. He challenged that he would see how the Petitioners would publish its newspapers and asserted in a most arrogant manner that as far as the judiciary was concerned, “we can take the decisions from the judiciary on our own dictates”. He also stated that in order to give the Jang Group a tough time he had made suitable transfers in the Income Tax Department (for desirable objectives) and promised transfer of the presidents of the banks in which the Jang Group operates its accounts. Likewise other officials of the government departments can also be transferred or changed to obtain desired results against the Jang Group.

21. That the Petitioner No. 1 refused to accept any of the demands made by the Respondent No: 3. He, however, offered the government an opportunity to publish its rebuttal on all news reports/columns which it found offending or untrue. It was promised that such reports/news etc would be published by the newspapers of the Jang Group with equal prominence. It is pertinent to point out that rebuttals and the government’s point of views have always been published prominently as and when received. As it turned out, the Government was not interested in open dialogue but was only bent upon imposing its peculiar views.

22. That thereafter, the Respondents began proceeding against the Petitioners with indecent haste. Income Tax & Wealth Tax authorities began opening closed, past and decided cases, release/ex-bonding of newsprint by the customs authorities was refused without providing any reason and government advertisements were altogether stopped. On December 14, 1998, a three member team of the Respondent No. 4 raided the offices of the Daily Jang and The News, Rawalpindi, without any lawful authority and attempted to take away some record by force. It was only when the employees of these organizations gathered and protested that the raid came to end. The government including the Interior Minister initially denied the fact that the raid had taken place, but ultimately the Respondent No. 3, who, it may be noted is not a spokesman of the Ministry of Interior or of any other body relevant to the raid, not only admitted the same but promised more of similar actions against the Jang Group.

23. That without any independent application of mind; without jurisdiction and without any legal or factual basis, the officers of the Income Tax and Wealth Tax authorities, acting under the direction and dictates of Respondent No. 3, issued orders to reopen past and closed assessments of the Petitioners, and two of their Directors including the Petitioners No. 1’s mother Mrs. Mehmooda Khalil. The purpose, obviously was to strangulate the Jang Group financially so that the government’s wishes are complied with.

24. That the following is a catalogue of some of the unlawful actions and pressure tactics employed under the guise of proceedings under the Income Tax Ordinance 1979 and the Wealth Tax Act 1963:

i. In the month of August 1998 all income tax cases of Jang Group of Companies and their Directors which were being assessed in various different circles were transferred under section 5(1) of the Income-Tax ordinance, 1979 and Section 10(1) of the Wealth Tax Act, 1963 to one Circle Viz. Circle 01, Companies-II, Karachi where all the cases of targeted persons of the previous regime including Mrs. Benazir Bhutto are pending assessment and this circle is well known as a branch of the Ehtesab Cell, whose officer in charge works under the sole and absolute supervision of Senator Saif-ur Rehman, and follows his dictation and has abdicated his jurisdiction completely to the whims of the said Senator. All the officers from the Deputy Commissioner of Income-Tax to the Regional Commissioner of Income-Tax, Corporate Region, Karachi, were given instructions to reopen the assessments which had attained finality and also to initiate penal actions under all available provisions of the Income-Tax Ordinance, 1979 and the Wealth-Tax Act 1963. It is worth mentioning that one of the officials of the Income-Tax, Customs, FIA and banks themselves said that all such drastic actions against the Jang Group are being taken under the absolute instructions of Respondent No. 3 and he is the only person who can stop this victimization campaign.

ii. As a follow-up, on 19.8.1998 a show cause notice under Section 66-A of the Income-Tax Ordinance for Assessment year 1997-98 dated 11.8.1998 was issued by the Inspecting Additional Commissioner of Income Tax, Range-1, Companies, Karachi to the Petitioner No. 3 (M/s. Independent Newspapers Corporation (Pvt) Limited), the Publisher of Jang to reopen the assessment for 1997-98 on the ground that according to his opinion the company paid commission on sale of the newspapers without deducting withholding tax thereupon and that amount therefore, was required to be added to the company’s income adding Rs. 426,788,054/- to the already assessed income. Similarly other allegations of purely conjectural nature were made; e.g that since on all the expenses debited to the cost of sales account, it was presumed that no tax has been deducted, such amounts were also to be added to the income of the company. Further it was alleged that the assessing officer had not properly scrutinized various items and the company was asked to explain alleged discrepancies the details of which were spread over 7 pages. The said notice was received on 19.8.1998 and the compliance date was fixed upto 26.8.1998. The company requested the Inspecting Additional Commissioner of Income Tax to extend the date of compliance for a few days upto 31.8.1998 as the information required was voluminous and the time was too short. This genuine request of the company was not acceded to and in a summary manner the adjournment application was rejected. Consequently, the company filed a detailed explanation on 26.8.1998. The Inspecting Additional Commissioner of Income Tax, instead of considering this explanation, passed an ex parte order on 25.8.1998 even though the hearing had been fixed for 26.8.1998 i.e. one day prior to the date of hearing. The ex parte order was ex facie malafide because it was passed even before the compliance was due. Through this order, the assessment framed by the Assessing Officer was cancelled and the latter was directed to frame a fresh assessment.

iii The company challenged the said order before the Income Tax Appellate Tribunal under Section 134 of the Income Tax Ordinance. However, in the meanwhile the Assessing Officer issued notice dated 29.8.1998 under Section 61 asking the company to file details, documents and explanations with reference to the issues/points raised by the Inspecting Additional Commissioner of Income-Tax in his order under Section 66-A. A request was made to the Assessing Officer that since an appeal had been filed before the Income-Tax Appellate Tribunal against the main order, the cases may be adjourned till the appeal was decided on out of turn basis for which an application had already been moved. This application for adjournment was rejected and fresh notice dated 10.10.1998 was issued for compliance on 17.10.1998. On 17.10.1998 a representation was made to his superior office i.e. Inspecting Additional Commissioner of Income Tax. In this representation, after giving the back-ground and explaining the issues raised by the Deputy Commissioner of Income-Tax, the Inspecting Additional Commissioner of Income-Tax was requested to direct the Assessing officer to keep the proceedings in abeyance till the decision of the Income-Tax Appellate Tribunal as the same issues were sub-judice before the said Tribunal. However, this request was rejected and the assessment was framed ex parte under Section 62 read with Section 66-A making heavy additions of Rs. 443,139,939/- to the income of the company as originally assessed at Rs. 102,105,038/- creating a net additional demand of Rs. 151,033,174/-. Along-with the Assessment order, actions for penalty under Section 111 and prosecution under Section 117 were also proposed. In the demand notice as against the normal 30 days, it was ordered that the payment of the demand of over Rs. 15 Crore (Rupees Fifteen Crore only) should be made within 7 days.

iv. In the case of the same company the Inspecting Additional Commissioner of Income-Tax passed order under Section 66-A on 24.10.1998 for Assessment years 1995-96 and 1996-97 on the same basis as was opted for in respect of the Assessment year 1997-98 without affording proper opportunity of hearing and without conducting any enquiry as was required under Section 66-A and an additional demand of Rs. 278,692,619/- and of Rs. 265,299,083/- was created for assessment years 1995-1996 & 1996-97 respectively.

v. Yet another order under Section 52 was passed treating the Company as an assessee in default for allegedly not deducting Tax under Section 50 from various payments made during the course of the business. An additional demand of Rs. 37,235,343/- was raised under Section 52 of the Ordinance. Through all four orders Tax demand of Rs. 732,260,719/- (Rupees Seventy Three Crore, Twenty Two Lac, Sixty Thousand and Seven Hundred and Nineteen only) was imposed in just one day and ordered to be paid within 7 days of each other.

25. That faced with this predicament the company approached the Inspecting Additional Commissioner of Income-Tax, the Commissioner of Income-Tax Companies II, Karachi on 3-11-1998 praying for stay till 19-11-1998 for which date the Income-Tax Appellate Tribunal had fixed the Appeal for hearing. As no action was in sight on this application, the company was asked to approach the same Inspecting Additional Commissioner of Income-Tax who had passed the Orders. as was expected, by his letter dated 5-11-1998, the Inspecting additional Commissioner of Income Tax rejected the request for grant of stay. On the same day notices under Section 92 were issued to all the Banks in Karachi, Lahore and Rawalpindi to pay a sum of Rs. 219,678,065/- to the Deputy Commissioner of Income Tax, thus freezing all the bank accounts of the company. Similar notices were also issued to the Collector of Customs, AGPR & PID Islamabad as well as Punjab News Agency, Urdu Bazaar, Karachi who is one of the large distributors of the Jang publications. The entire business of the company came to a standstill, so much so that because of the account having been frozen, even salaries of the employees could not be paid.

26. That it is submitted that the learned Income-tax Appellate Tribunal heard the stay applications as well as the main appeals on 19-11-1998 and as a result, the orders under Section 66-A for 1995-96 and 1996-97 were remanded while the order for Assessment Year 1997-98 was annulled. The learned Income-Tax Appellate Tribunal in its appellate order, has elaborately made reference to the illegal manner in which the orders were passed in violation of the principles of natural justice and also in violation of the provisions of Section 66-A itself which enjoins not only proper opportunity of hearing but also of making necessary inquiries to pass a just and lawful order. Before the Income tax Appellate tribunal, the Inspecting additional Commissioner of Income Tax who has passed the impugned orders personally appeared and admitted the violations of law. The Learned Tribunal was pleased to take the considered view that the IAC had proceeded in undue haste with the result that clear miscarriage of justice had taken place. It was further observed by the Tribunal that the assessee should be given a reasonable opportunity of being heard meaning thereby that reasonable time should be allowed for the production of necessary evidence and material. In another Order of the same Learned Tribunal it is clearly mentioned that IAC did not advert to the provision that opportunity of being heard is required to be afforded to the assessee.

27. That it is respectfully submitted that the above narration of the treatment meted out to the Jang Group is only in the case of one of the companies which proves without the shadow of a doubt, the high handedness and complete disregard of lawful exercise of power to financially ruin, strangulate and destroy the Jang Group of companies and its Directors in order to throttle the institution of free press and freedom of expression as guaranteed under Article 17 of the Constitution. These actions also violate the Petitioner’s constitutional rights guaranteed under Article 4 and the fundamental rights guaranteed to it under Articles 4, 18 and 23 of the Constitution.

28. That it is further submitted that notices under Section 92 were issued on 27-8-1998 in the case of one of the companies viz. M/s. J & S Enterprises (Pvt) Ltd. freezing bank accounts for recovery of alleged demand amounting to Rs. 5,770,000/-. This notice was revised on 28-8-1998 reducing the demand to Rs. 1,450,000/- However, the notice was withdrawn on 29-8-1998 since its frivolity was all too evident.

29. That it is submitted that in respect of yet another company namely M/s. Jang Publications (Pvt) Ltd., a notice under Section 92 was issued on 24-8-1998 at 4.00 P.M upon the Bankers of the said company by the Deputy Commissioner of Income-Tax for an amount of Rs. 5,037, 662/-, thus freezing the bank accounts. At the same time a notice under Section 81 of the Land Revenue Act was served at 12.00 Midnight by the Assistant Commissioner, South Karachi for the recovery of the same amount of Rs. 5,037,662/-. The notice issued by the Deputy Commissioner of Income-Tax under Section 92, was, however, withdrawn by him on 28-8-1998 as he was satisfied that the demand had already been paid. However, to keep the pressure on the Petitioner the notice issued by the Assistant Commissioner, South, Karachi under Section 81 of the Land Revenue Act has still not been withdrawn.

30. That it is respectfully submitted that during the same period, notices for recovery of outstanding demand were issued in the name of M/s Combined Investments (Pvt) Limited for the Assessment Years 1993-94 and 1994-95. Another notice was issued for recovery of tax to the same company for alleged arrears demand of 19 years starting from 1968-69 to 1996-97. Similar letters dated 26-8-1998 were issued to Mir Shakeel-ur-Rahman for payment of outstanding demand in the case of M/s. Independent Newspapers Corporation (Pvt) Limited. Another notice dated 27-8-1998 was issued in the name of M/s Jang Enterprises (Pvt) Limited for recovery of outstanding demand. Similarly a notice dated 27-8-1998 was issued in the name of late Mir Khalil-ur-Rahman for recovery of outstanding arrears demand for about 10 years. It is respectfully submitted that all these letters/notices were only issued to harass the companies as well as its Directors whereas in actual fact there was hardly any demand outstanding for the years mentioned in the notices. Either the demand had already been paid or necessary adjustments and appeal effects had not been given by the Assessing Authorities.

31. That in a nutshell, the Respondents’ campaign against the Petitioners comprises, inter alia, in the issuance of a large number of Income Tax and Wealth Tax notices, show cause notice from Customs authorities, raid by the FIA at the offices of the Petitioners, transfer of all tax cases to one particular circle, issuance of 22 letters and notices in the short span between 19th August to 28th August 1998 including notices under Section 66 A, notices under Section 92 for seizing bank accounts and other letters for the payments of demands, notices under the Land Revenue Act for recovery of alleged demand, notice under Section 65, criminal complaint against Petitioner No. 2 and one of the directors of Petitioner No. 3, Mir Javed Rahman under the Wealth Tax Act, passing of two orders by the tax authorities under Section 66-A, demanding payment of Rs.1,223,432,102/-, passing of order under Section 52 raising a demand of Rs. 37,235,343/-, show cause notice from collector customs on the false charge of misusing the concessionary rate of duty on newsprint, complete stoppage of newsprint ex bonding by the custom authorities without assigning any reason [the above stated three orders passed by the Income Tax Authorities in tax matters and the demand of Rs. 593 million contained in the show cause notice issued by the Customs department collectively make a demand of Rs. 1,853,667,445/- (Rupees one billion, eight hundred and fifty three million, six hundred and sixty seven thousand, and four hundred and forty five only) on the Petitioner]. Besides the above stated, numerous actions and creation of false demands are in the pipeline which are and will be created so as to teach a lesson to the Jang Group.

32. That as a part of this campaign a raid was made on M/s Rehan Paper Mart, newsprint merchants, and Mr. Irfan, one of the owners of M/s Rehan Paper Mart, was arrested and kept in illegal custody by the FIA for three or four days. He was also taken to Islamabad and was threatened with dire consequences if he did not give a false statement against the Jang Group and particularly against Petitioner No 2 to the effect that the Jang Group illegally sold newsprint to him. Similarly the newsprint clearing agent of Jang Group was also kept in two days detention by the FIA to extort a false statement from him against the Jang Group. Since the Jang Group has never been involved in the selling of newsprint in any market therefore no evidence could be collected on this count. However, the FIA Banking Circle registered an FIR No. 77/98 on 26-12-1998 against Mr Ikhlas Ahmad, the owner of M/s Rehan Papers and his son Irfan Ahmad. The FIR against the above stated persons has been registered on the alleged heavy tax evasion on import of newsprint in connivance with the Jang Group. The information available so far indicates that the Jang Group and its clearing agent have not been implicated in the FIR but in order to defame and damage their goodwill the government news agency APP deliberately circulated a misconceived news item against the Jang Group.

33. That though all the false and concocted cases against the Jang Group are still pending, the government spokespersons, the Prime Minister and the Respondent No 3 repeatedly issued statements to the national press wherein the Jang Group is declared as a tax evader and charges for concealment of income and wealth are levelled against its members. False and totally fabricated figures are provided in these statements and the sole aim of all this is to seriously tarnish and damage the reputation of the Jang Group in the eyes of the general public. Statements aimed at the character assassination and disparagement of the Petitioner No. 2 and the father of the Petitioner No. 2, Mir Khalil-ur-Rahman who was the founder of Jang Group have also been made.

34. That the malicious campaign against the Petitioner was a subject of comment in the national press and also broadcasted by Foreign Radio Stations. The representative bodies of newspapers like All Pakistan Newspapers Society and Council of Newspapers Editors also took cognizance of the matter and resolutions were passed decrying the actions being taken. These reports were also given wide coverage by national as well as international media. The Respondents restrained their hand for some time but again when some investigative reports were published to the dislike of the government and the episode of the resignation of General Karamat COAS occurred which received due coverage and analyses in the newspapers of the Jang Group, the entire Income Tax machinery jumped into malicious actions and a fresh spate of notices and orders and freezing of bank accounts was set in motion and is continuing to date.

35. That as stated before, the government and Respondent No 3 also pressurized the Customs authorities not to allow ex-bonding of newsprint of the Jang Group and no reason has ever ben given for this. That as a consequence the Petitioners’ newspapers were compelled to print their newspapers on coloured newsprint paper on December 19 and 20, 1998, which is expensive and only retained for special editions. The number of pages of the newspaper from December 21, 1998 also had to be reduced and the publication of daily magazines was stopped.

36. That insofar as advertisements by the government and its controlled bodies are concerned, this tool has always been used by different governments to pressurize newspapers. These advertisements provide a formidable tool of pressure to the Government particularly in its dealings with the print media, yet no law or statutory provision or rules or regulations or transparent policy has ever been formulated or adopted by the Government for the distribution of these advertisements to different newspapers. When government advertisements are not published in newspapers with a large circulation then, obviously, the response to these advertisements is not very encouraging. As a result, people are deprived of the news value of advertisements such as tenders, quotations, etc, invited by different government departments. The lack of proper response to these advertisements also leads to loss of revenue for the concerned government departments.

37. That since 1966, advertising for the Government and other authorities under its control is done in a centralized manner through the Press Information Department (PID) of the Respondent No. 2. Whenever the Government is unhappy with a particular newspaper or group of newspapers, it suddenly stops or substantially curtails the number of advertisements provided to that newspaper or the group of newspapers. The Jang Group is presently on the receiving end of this arbitrary policy.

38. That it may also be submitted that no access is permitted by the government to any newspaper or journalist to study and inspect relevant official records (and other sources of information) prior to contributing or authoring any article or news item for or against any person. The concept of the freedom of the press includes the right to access information which is at the government disposal disclosure of which is in the interest of the public and of the country.

39. That the Petitioners’ newspapers and publications are threatened with extinction. The fundamental rights of the Petitioners as guaranteed by the Constitution of Pakistan 1973 have been and continue to be grossly violated. The violation of the fundamental rights of the Petitioners, through acts aimed to cripple and destroy the Petitioners’ newspapers also constitutes violation of the fundamental right of the public at large to receive information. In any case, the actions of the Respondents detailed here in above constitute matters of public interest per se. The Petitioners have therefore been compelled to file this Original Petition under Article 184(3) of the Constitution of Pakistan 1973, inter alia, on the following grounds:

Grounds

1. That although Article 19 of the Constitution Guarantees freedom of the press, the Respondent authorities particularly the Respondent No. 3 has launched a campaign of harassment and intimidation against the Jang Group and has been compelling them to dismiss particular journalists, columnists, and others on the ground that they write against the Government, which act of the Respondents is violative of fundamental rights of the Petitioners.

2. That the Government has no business telling any newspaper as to who would write columns and what should be the content of the columns or news reports or coverage and display, as such interference constitutes a grave contravention of the freedom of press and expression. If the Respondents are allowed to interfere with the personnel and editorial policies of the Petitioners, freedom of speech and freedom of the press would come to an end.

3. That on refusal of the Petitioner No 2 to accept the illegal and illegitimate demands of the Government voiced through the Respondent No. 3, government has unleashed its coercive apparatus and different functionaries to financially destroy the Petitioners by unleashing a spate of tax demands and cases, and with indecent haste have passed adverse and manifestly biased order without observing the principles of natural Justice and due process of law.

4. That although the various functionaries who act under the authority of the Respondent No. 5 act in a quasi-judicial capacity, yet they have acted and continue to act on the instructions of the Respondent No. 3 to pass malicious, bogus and adverse orders against the Jang Group which is highly unjustified and illegal.

5. That although the tax cases of the Petitioners fall within the jurisdiction of different officers, they have been referred to the particular officers of a particular circle who are notorious for their collusion with the Respondent No. 3 and who are being used by the Respondent No. 3 to intimidate and terrorize the persons targetted by the said Respondent for exemplary punishment.

6. That the Respondent No. 3 has no lawful authority or jurisdiction to dictate or force the Jang Group to accept his unjust demands and to pass instructions to the Income Tax, Wealth Tax, Custom Authorities and FIA to victimize the Jang Group and create or register false cases against them.

7. That the functionaries of FIA working under the authority of Respondent No. 1 have malafidly raided the offices of daily Jang & The News Rawalpindi under the instructions of Respondent No. 3.

8. That the seizure of bank accounts of Jang Group of newspapers are malafide with the sole motive and intention to close down the whole establishment.

9. That the Respondent Nos. 1 & 2 should make laws or statutory provisions, rules or a transparent policy for regulating or conducting the distribution of government advertisements in the newspapers.

10. That the Respondent Nos. 1 & 2 should make laws to grant access to journalists to all official records of government authorities for effective and accurate information and contribution to news items.

PRAYER

It is therefore respectfully prayed that this Honourable Court be pleased to:

(i) Declare that the arbitrary actions enumerated hereinabove taken by the Respondents individually or collectively against the Jang Group, i.e. the Petitioners, are malafide and without lawful authority and in utter violation of fundamental right of freedom of press and expression as guaranteed under Article 19.

(ii) Direct the Respondent No. 1 to immediately stop the entire victimization campaign against the Jang Group of newspapers, its Companies, Directors and employees.

(iii) Declare that the arbitrary with-holding of government advertisements to the newspapers is violative of Articles 18, 19 & 25 of the Constitution.

(iv) Direct the Respondent No. 2 to immediately restore issuance of Government advertisements to the Jang Group as before, and on the basis of a clear, transparent policy and it may further be directed to structure its discretion in this regard by clear and transparent rules.

(v) Direct the Respondent No. 2 to formulate an equitable policy for a just distribution of the Government advertisement to newspapers.

(vi) Direct the Respondent No. 3 to refrain from monitoring and supervising the Petitioners or from pursuing a victimization campaign against the Jang Group or any other newspaper.

(vii) Prohibit the Respondent No. 4, and its subordinates and officers, from raiding any offices of the Petitioners and from registering false cases or conducting investigations against the Petitioners.

(viii) Quash all the malafide orders passed/show cause notices issued by the Income Tax, Wealth Tax and Customs Authorities under dictation of the Respondent No. 3.

(ix) Direct the Respondent No. 5 and the functionaries working under it to immediately release the newsprint.

(x) Direct the Respondent No. 5 to withdraw all freeze orders against the bank accounts of the Petitioners.

(xi) Direct the Respondents not to interfere in any professional work or the editorial and personnel policies of the newspapers, magazines and publications of the Petitioners.

(xii) Direct the Respondents not to institute or initiate any action against the Jang Group of Newspapers, Companies or its directors or personnel pending decision of this petition without intimation to and permission of this Honourable Court.

(xiii) Direct the Respondent No. 5 to prohibit investigation in all pending tax matters of the Petitioners by biased officials acting under the dictation of Respondent No. 3, and no assessment or any order in any tax matter relating to the petitioners should be passed without first obtaining permission of this Honourable Court.

(xiv) Direct the Respondents Nos. 1 & 2 to allow proper access of journalists to all government records and the records of subordinate offices and authorities for the proper information and reporting of news.

(xv) Any other relief which this Honourable Court deems just and appropriate in the circumstances of the case.

Dated: 26-01-1999

Drawn By Filed By

(Abid Hasan Minto)
(Sheikh Masood Akhtar)
Advocate Supreme Court,
Advocate-On-Record,
17-Lawrence Road,
Supreme Court of Pakistan,
Lahore, C.C. 161 4-Mozang Road, Lahore.

REFERENCE: Text of Jang Group’s petition filed in Supreme Court – IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) http://www.jang.com.pk/thenews/spedition/waronjang/textof.htm

Kashif Naseer says: September 21, 2010 at 3:27 am یہ عالم شوق کا دیکھا نہ جائے یار عامر مغل، آپکے پاس طبیعت سے فارغ ٹائم ہے۔
ویسے کہ ایک بات ہے کہ آپ ایک ایک حوالے جس طرح ڈھونڈتے ہو اور پیش کرتے ہو طبیعت خوش ہوجاتی ہے۔
ویسے بلاگنگ کے علاوہ آپکی کیا مصرفیات ہیں۔
=================
Dear Mr. Kashif,

If your comment above is aimed at my neutrality [mean “Jiyala”] then kindly go through this: Mawdudi, Bhutto, Tikka Khan, Benazir Bhutto & Soul Searching.
http://chagataikhan.blogspot.com/2010/09/bhutto-tikka-khan-soul-searching.html

What I do: I sell Samosa outside Capri Cenima:)

Spare time: Because Benazir Bhutto in her will left a large sum for me:) Also Zardari alloted me Oil Well and Gas Fields in Badin.

Karachi being made Punjab’s colony: Farooq DAWN/The News International, KARACHI 08 January 1999, Friday, 19 Ramzan 1419 http://www.karachipage.com/news/Jan_99/010899.html

KARACHI: The Muttahida Qaumi Movement’s parliamentary party leader, Dr Farooq Sattar, has claimed that various officials of Lahore Development Authority (LDA) are being deputed in Karachi Metropolitan Corporation (KMC) “under a planned conspiracy to make Karachi a colony of the Punjab.” In a statement issued on Thursday, he said that “the MQM will never allow Karachi to become a colony of Punjab despite all odds and hurdles.” He claimed that just after the imposition of Governor’s rule in Sindh, various officials of Punjab were being deputed to different organisations like KDA and KMC, “which is not hidden from anyone.” “This indicates that the only aim of the government is to impose Punjab’s policy as it wants to capture Karachi instead of restoring peace in the city,” he added.

Swinging Pendulum of Kamran Khan and PML – N
Tuesday, September 21, 2010, Shawwal 11, 1431 A.H
http://www.jang.com.pk/jang/sep2010-daily/21-09-2010/main3.htm

Way back in 90s the same “Kamran Khan with his Swinging Pendulum” NRO/Jang Group: Kamran Khan, Nawaz Sharif & Ethnic Hatred. http://chagataikhan.blogspot.com/2010/01/nrojang-group-kamran-khan-nawaz-sharif.html

I wonder why our Esteemed Journalist Kamran Khan used to suffer from acute Inferiority Complex to name his feature as if its a section of US Central Intelligence Agency, he should have been proud of just quoting the story as Special Report. What the hell is News Intelligence Unit? There must be a difference between Special Branch Report and Newspaper Stories.

“People who live in glass houses should not throw stones” reminds us that we should be careful how we treat other people (with our words and actions) because we can all be easily hurt. People “throw stones” at other people to try to hurt them, and one way that people try to hurt other people is by saying bad things about them. If you lived in a “glass house” it would be very easy for other people to hurt you by throwing stones at you. “People who live in glass houses should not throw stones” means that we should not say insulting things to other people because they could easily do the same thing to us. Judge Not Lest Ye Be Judged! and Let He Who is Without Sin Cast the First Stone.

Defending himself against the allegations of the federal minister for labour and manpower, Kamran Khan, the host of the Geo programme ‘Aaj Kamran Kay Sath’, said that they have been exposing corruption in the regime of Pervez Musharraf and an appreciation letter of Benazir Bhutto on his investigative reports is an asset for him. Kamran Khan said that during the dictatorial regime and a decade before that when there was democracy in the country, they were doing the same. Addressing Khurshid Shah, he said that in view of the importance of his investigative reports, Mohtarma Benazir Bhutto had addressed a press conference in a five-star hotel of Karachi to highlight the reports that were quoted in arguments against the cases that were instituted against Benazir Bhutto and her spouse Asif Zardari in Pakistan as well as abroad. REFERENCE: Anti-corruption reports to appear at all costs: Kamran Khan Thursday, August 13, 2009

Now read the same Mr Kamran Khan was more than jubilant when Farooq Laghari [President of Pakistan from 1993 – 1997] sacked Late. Benazir Bhutto’s second government on trumped-up charges and analyze the report above filed by Mr. Kamran Khan in 2009 in The News International and read as to what Mr Kamran Khan had filed on The Washington Post Thursday, November 7, 1996.

“QUOTE”

KARACHI, PAKISTAN, NOV. 5 (TUESDAY) — Pakistani President Farooq Leghari dismissed Prime Minister Benazir Bhutto early today and dissolved the National Assembly in a decree he said was mandated by corruption, political violence and financial mismanagement by Bhutto’s government. The president’s action, while legal under the constitution, was backed up by army troops who surrounded Bhutto’s house in Islamabad, the capital, as well as the parliament and radio and television stations in major cities. The country’s airports were closed. Bhutto, 43, who was elected prime minister in 1993, was reported to be in her residence but not under formal detention. The decree, which marked the second time that Bhutto has been dismissed from the prime minister’s office on charges of corruption, delivered a new blow to Pakistan’s faltering democracy. Under relentless pressure from the military, no elected Pakistani prime minister has finished a full term in office, and Bhutto’s predecessor, Nawaz Sharif, was forced to resign. Bhutto’s dismissal came amid a bitter political struggle with the Supreme Court, which recently thwarted her attempt to appoint political loyalists as judges by ruling that judicial appointments are the prerogative of the president. Bhutto also was haunted by charges that she and her husband, Asif Ali Zardari, had collected bribes and kickbacks on government contracts and transferred the millions of dollars into foreign bank accounts and property holdings. Well-placed officials said that in August, the army had warned Leghari about growing unrest in its ranks and had provided him with evidence about corruption involving Zardari. An official said Zardari and about 20 other party members had been arrested. Bhutto denied the charges against her and as recently as Sunday vowed to complete her five-year term, saying, “We cannot imagine {Leghari} using his powers to dismiss the government.” This morning her spokesman, Farhatullah Babar, said Bhutto had received a letter from the president at her home in Islamabad and would comment later in the day. Bhutto’s first stint in office, which began when she was appointed prime minister in 1988, lasted just two years and was, like the term that was ended today, marked by allegations of corruption. Her husband and father were accused of orchestrating improper deals involving government-owned land, and she was faulted for clashes with military leaders and for inaction in the face of civil strife in her home state, Sindh. REFERENCE: Bhutto Out as Premier in Pakistan President Charges Corruption, Dissolves National Assembly By Kamran Khan Special to The Washington Post Thursday, November 7, 1996

And the same Kamran Khan in 2009!!!

As per an “Allegedly Famous Investigative GEO TV Program” Aaj Kamran Khan Kay Saath –24 th November 2009 , Mr. Kamran Khan, Senior Correspondent for GEO TV/THE NEWS INTERNATIONAL & Daily Jang, continuously insisted while discussing NRO with Wajid Shamsul Hasan [Pakistan’s High Commissioner to the United Kingdom] that corruption cases registered against Asif Ali Zardari for were genuine and Senator Saifur Rehman [Pakistan Muslim League Nawaz – & Former Undeclared Adivosr to General Musharraf] really and genuinely worked hard on these cases. What a shame for The Jang Group of Newspapers which was ruthlessly persecuted by the same Senator Saifur Rehman during 1999 and more shameful is this that the same Kamran Khan and Jang Group of Newspaper had filed stories after stories against Senator Saifur Rehman’s Corruption and Violation of Rules and Law regarding Press Freedom. REFERENCE: REFERENCE: Conspiracy: Kamran Khan, Farooq Laghari, Sajjad Mir, Saifur Rehman & Media Trial of PPP.

Former Senator Saifur Rehman [PML – Nawaz] during 1996-1997, in connivance with the then President Farooq Ahmed Khan Laghari, Kamran Khan [The News International] and Sajjad Mir [the then Editor of Daily Nawa-e-Waqt and nowadays a TV Anchor in Pakistani Private TV Channel NEWSONE AND TVONE] had a conducted detailed Media Trial of Benazir Bhutto and Asif Ali Zardari [while their cases were pending in the Court of Law]. The most funny thing is that Mr Sajjad Mir played the part of TV Anchor on Pakistan Televison Network and his guest was Kamran Khan revealing the detail of Benazir Bhutto and Asif Ali Zardari. REFERENCE: Conspiracy: Kamran Khan, Farooq Laghari, Sajjad Mir, Saifur Rehman & Media Trial of PPP.

Tragically Mr Kamran Khan has played this “Game” with every Democratically Elected Government even at the cost of Ethnic Hatred. This Ethnic Card of Punjab used against the government of Mr Nawaz Sharif and his government during his second tenure [1997 – 1999]

“QUOTE”

KARACHI: Less than four dozen individuals from Central Punjab, who had either lived or served in Lahore in the past 15 years, are currently holding the country’s 41 most important official assignments — a situation that is bound to aggravate the prevailing sense of deprivation not only in the three smaller provinces but also in Southern Punjab, according to an investigation by the News Intelligence Unit (NIU). The situation took a delicate turn late on Monday night when Prime Minister Nawaz Sharif stunned the federal cabinet by announcing that he had decided to nominate the former Supreme Court judge and a known Sharif family friend, Mr Justice (retd) Rafiq Ahmed Tarar, as the president of Pakistan. Prime Minister Nawaz Sharif took the decision to appoint a Central Punjabi president against strong recommendations from his cabinet members, parliamentary party members and even his younger brother, Shahbaz Sharif, urging him to pick a presidential candidate from smaller provinces, the sources said. The NIU investigation found that before Senator Tarar’s nomination as the president, at least 41 individuals — mostly with permanent residences in Lahore — were holding almost all of the, what an independent observer labelled as, “make-or-break appointments” in the country. The NIU study showed that though all of these appointments were not made by Prime Minister Nawaz Sharif, but under his nine-month-old administration the domination and influence of Central Punjabis over the government departments multiplied manifold. With the election of Justice Rafiq Tarar as the president of Pakistan by the end of this month, the country would have a Lahore-based president, prime minister and chairman Senate. Although Justice Tarar hails from Wazirabad near Lahore, he has lived most of his life in Lahore and is believed to be a personal friend and constitutional and legal adviser to the Sharif family. Both Nawaz Sharif and Wasim Sajjad have lived their personal and professional lives in Lahore, where their families are permanently settled.

Seniority, merit and professionalism may have been the criterion, but the fact remains that all three present services chiefs incidentally have Central Punjab background. The present Chief of Naval Staff, Admiral Fasih Bukhari, and Chief of Air Staff Air Chief Marshal P Q Mehdi had been appointed by Prime Minister Nawaz Sharif, while Chief of Army Staff General Jehangir Karamat was selected by President Farooq Ahmed Leghari. The present government handed dual charge of Chairman Joint Chiefs of Staff Committee to Gen Karamat. When Nawaz assumed the charge of the prime minister in February this year, each and every member of his personal team at the Prime Minister’s Office had a Central Punjab, particularly Lahore, background. He appointed seasoned civil servant and a scion of a known Lahore family, A K Z Sherdil, as his principal secretary. Because of his Lahore background, Sherdil was personally known to Saifur Rahman Khan, who had initially suggested his name to the prime minister. Even before Sherdil’s appointment, Nawaz had decided to appoint another former civil servant, Anwer Zahid, as his special assistant. The Lahore-based Anwer Zahid was the principal secretary to the prime minister during Nawaz’s first tenure. Closest in Nawaz Sharif’s personal team at the Prime Minister’s Secretariat was, and still is, Saifur Rahman Khan — the chief of Ehtesab Cell. Saifur Rahman like Sherdil and Anwer Zahid, cherished his Lahore background. “The prime minister feels very comfortable with Sherdil, Zahid and Saif. They speak his mind and the language,” noted an informed official. The prime minister not only favoured the individuals with Lahore background for top positions of his office, he invited the people with similar background even for mid-level posts in his personal setup. He appointed Rauf Chaudhry and Khayyam Qaiser as his personal staff officers and Qamaruzzaman as his personal secretary. These three personal staff members, like other senior aides in the Prime Minister’s Office, have strong Central Punjab background. They not only manage the prime minister’s days and weeks, but also serve as his eyes and ears.

Similarly, his Press Secretary Siddiqul Farooq has always lived and worked in Lahore and Central Punjab with no work experience in smaller provinces. The prime minister appointed another old Lahore hand and a former Ittefaq Group employee, Major General Sikander Hayat, as chief of the Prime Minister’s Monitoring and Evaluation Cell. He appointed Colonel (retd) Mushtaq Taher Kheli, an individual of similar background, as his political secretary. With the accountability placed at the top of his priority list, Nawaz Sharif decided to operate through his most-trusted Lahore aides. While Senator Saifur Rahman was placed at the driving seat, Nawaz decided to continue with Justice (retd) Ghulam Mujaddid Mirza, another famous Lahorite, as the chief Ehtesab commissioner. He appointed another Central Punjab PML leader Mumtaz Ahmed Tarrar as the chief of Ehtesab Council. Not surprisingly, officials and politicians wanted or arrested in corruption cases from Punjab escaped the net laid by the much-dreaded Ehtesab Cell, while those arrested from Sindh faced a totally different situation. For instance, under extremely intriguing condition a corruption case registered against former RECP chairman Kabir Sheikh, a Lahore-based official, was hurriedly withdrawn. Under identical circumstances, the corruption charges against former petroleum secretary Capt Naseer Ahmed had been withdrawn.

While appointing the federal cabinet, Nawaz Sharif, once more, preferred his trusted Lahore and Central Punjab associates for important cabinet assignments such as commerce. Senior official sources conceded in their background interviews that because of his extreme closeness with Prime Minister Nawaz Sharif, Ishaq Dar’s influence reaches frequently the decision-making levels in the Ministry of Finance. Because of his Lahore and Model Town connections, Ishaq Dar has emerged as the prime minister’s most trusted aide in the federal cabinet. Dar’s closeness with the prime minister can be gauged by the fact that it was he and Saifur Rahman who had negotiated and finalised the power-sharing agreement with the MQM. No PML member from Sindh was included in the team that had negotiated with the MQM after the change of government in February this year. Other Central Punjab PML parliamentarians who received important cabinet slots included Chaudhry Nisar Ali Khan (Petroleum), Chaudhry Shujaat Hussain (Interior), Mushahid Hussain (Information), Shaikh Rashid Ahmed (Labour and Culture), Begum Abida Hussain (Population Welfare), Raja Nadir Pervaiz (Water and Power), and Khalid Anwar (Law). Surprisingly, the entire national security team that is reporting to the prime minister on important security matters also has the similar Central Punjab background.

The present director generals of the Inter-Services Intelligence (ISI), Intelligence Bureau (IB) and the Federal Investigation Agency (FIA) shared this common background. Chaudhry Manzoor Ahmed and Major General (retd) Enayat Niazi had been appointed as the IB director general and the FIA director general, respectively by Prime Minister Nawaz Sharif, while Lt Gen Nasim Rana had been appointed as the ISI director general by the Benazir Bhutto government. Smaller provinces were completely ignored over Central Punjab when Prime Minister Nawaz Sharif decided to appoint members of his party as heads of various government and public sector organisations. He appointed 37-year-old Shahid Khaqqan Abbasi, MNA from Murree, as the PIAC chairman and picked Khawaja Asif to head the Privatisation Commission. Similarly, Humayun Akhter Khan, the MNA from his home town Lahore, was appointed as the chief of Board of Investment (BoI). When it came to the appointment of the attorney general of Pakistan, the prime minister once again preferred a candidate from Lahore. Sources said that before his appointment as the Attorney General, Chaudhry Muhammad Farooq had long served the Sharif family in their business and family matters.

While selecting the team of bureaucrats for his government, the prime minister apparently decided not to disturb the officials with Lahore or Central Punjab background, notwithstanding the fact that they had been appointed by President Farooq Leghari during the caretaker set-up. In a policy decision, the prime minister decided to continue with Dr Muhammad Yaqub as the governor of State Bank of Pakistan, absolving him of his responsibility in the collapse of banking and DFI sector in Pakistan in the past four years. Similarly, he also decided to continue with Chaudhry Moeen Afzal as the secretary of finance and Hafizullah Ishaq as the chairman Board of Revenue — both gentlemen had a Central Punjab background. The prime minister also appeared comfortable with Afzal Kahut as the establishment secretary and Mian Tayyab Hussain as the cabinet secretary.

The Central Punjab criteria apparently played a significant role as he appointed secretaries to some of the important ministries, for example he selected Mian Iqbal Fareed as the secretary commerce, Mehar Jivan Khan as the interior secretary and Gulfaraz Ahmed as the secretary in the Ministry of Petroleum. The Central Punjab may not exactly be the reason behind the appointment of Lt Gen (retd) Chaudhry Iftikhar Ali Khan as the secretary defence, but it may be the first time that no one from a smaller province is attached to any significant position in the entire Ministry of Defence. Like in Justice (retd) Rafiq Tarar’s case, most observers do not dispute the fact that many of the Central Punjab bureaucrats or politicians given important tasks in the government by Prime Minister Nawaz Sharif enjoy good reputation, but they do not believe that the smaller provinces cannot offer individuals with similar reputation and competence. These observers felt that to give a truly national look to his government, particularly after the election of Justice Tarrar as the president, Prime Minister Nawaz Sharif would have to go an extra-mile to neutralise the impression of his being the Central Punjab government. REFERENCE:Central Punjab holds 41 key posts – Disparity may deepen deprivation in smaller provinces – News Intelligence Unit By Kamran Khan The NEWS International, Karachi December 17, 1997

“UNQUOTE”

“QUOTE”

KARACHI: The government appeared locked in a difficult situation over the Najam Sethi case on Thursday as its intelligence agencies failed to produce any evidence that may even remotely establish Najam Sethi`s links with Indian secret services. The News Intelligence Unit (NIU) understands that confusion and anxiety in top government circles over the Najam Sethi case was growing rapidly as the General Headquarters (GHQ) independently determined that there was no reason to constitute a Field General Court Martial (FGCM) to try the detained journalist under the Army Act. Sources said the government had approached the GHQ to order Najam Sethi`s court martial under the Army Act. Army`s Judge Advocate General (JAG) branch has already prepared its response to the government`s position taken before a Lahore High Court judge on Wednesday. In the past, on a very few occasions civilians directly involved in espionage activities had been court-martialled under the Army Act that almost exclusively governs the activities of army or ex-army personnel.

Sources told the NIU that the government`s apparent failure in building a solid anti-state case against Najam Sethi and Army`s decision not to lock horn with the Press might soon result in Sethi`s sudden release from the official captivity. There was a perception in the government circles that a final decision on Sethi`s case would be taken on the prime minister`s return from Singapore at the weekend. Fakhruddin G Ibrahim, a noted lawyer and former federal law minister, told the NIU that if tried under the Army Act by an FGCM, Najam Sethi would be the first Pakistani journalist to face court martial under an elected civilian government. For its part, the Inter-Services Intelligence (ISI) that had questioned Sethi for at least four days at one of its safe houses in Islamabad has concluded and reported both to Prime Minister Nawaz Sharif and Chief of the Army Staff General Pervez Musharraf that its interrogation with Najam Sethi has not confirmed any connection between the detained journalist and Research and Analysis Wing (RAW) or any other Indian official or agencies. From their records also the intelligence agencies have not been able to dig anything that may help confirm the government`s projected image of an Indian agent for Najam Sethi, according to reliable security sources. Ranking officials told the NIU the ISI was brought into the picture in the Najam Sethi case through an executive verbal order on Sunday when the ISI high command was ordered to take Sethi`s custody from the Intelligence Bureau and have him interrogated to probe his alleged ties with the Indian security establishment.

Sources said a joint team of IB and Lahore police had first arrested Sethi from his residence where he was severely beaten before being bundled into an IB vehicle. The Lahore operation, the sources said, was supervised by a senior Lahore-based IB official. In the recent months it was the IB that was repeatedly cited for chasing journalists; tapping their phones; placing threatening calls; raiding their residences and offices and abducting journalists. The organisation played an identical role under the PPP government, when the journalists were routinely targeted. Sources said soon after receiving Najam Sethi from the IB, the ISI high command noted, with some degree of surprise, that the agency`s name was extensively publicised in numerous government`s statements. Like all intelligence agencies, the ISI also hates to get mentioned in the media.

The ISI got into the focus of the Sethi controversy as two statements from an unidentified government spokesman, another two statements from the interior and parliamentary affairs ministries and a statement from the governor of Punjab identified ISI as the agency that was grilling The Friday Times editor. “The situation rang a bell at the GHQ when the COAS was told that the situation might pitch the entire journalist community and international opinion against the Army as the ISI is mainly run by the active service army officers,“ said an official who added the situation warranted some urgent measures as the Army did not want to be a party in the case. Though the ISI has dealt extensively with the activities of journalists in Pakistan and abroad but rarely before it had received such a limelight. The ISI works under the Ministry of Defence and it takes orders directly from the prime minister. A former ISI official said the agency`s role regarding journalists largely covers the national security angle, and it has never obliged the successive political governments over their orders that relate to the media.

Background interviews with informed officials and ruling PML politicians by the NIU to find out the actual reasons behind this latest crackdown on the journalists have provided an interesting answer. Informed sources said in recent months Prime Minister Nawaz Sharif had been led to believe by a few of his “closest associates“ that in order to settle scores with his administration over the Hubco/Kapco issue, the British security establishment had launched a secret drive to destabilise his government. Britain`s National Power has large stakes in Hubco and Kapco power generation projects. Both projects were the main Ehtesab Bureau targets for its probe into IPPs with Chairman Ehtesab Bureau Senator Saifur Rehman Khan claiming that the British sponsors of those projects paid at least $ 400 million to Benazir Bhutto and Asif Ali Zardari in kickbacks and commission, a charge often rejected by both companies.

These sources said that the prime minister had also been warned that if the “conspiracy and its perpetrators“ were not crushed on a war-footing, it might lead to an overthrow of his government. Without producing any solid evidence, Nawaz Sharif had also been told that the stories in the British print media against corruption in his government were part of the same conspiracy and the coming BBC documentary would serve as a major leap in bringing his government into international disrepute. Conspiracy theorists in the government had also impressed upon the prime minister that a decree passed by the London High Court against his family for the payment of $32 million to Al-Towfeek Investment Limited was also linked to the same British plot, and a dramatic action against his family interests in London was expected soon. The London High Court had passed an ex-parte decision against the Sharif family in March last when they refused to contest the Al-Towfeek case in London challenging the jurisdiction of London High Court. Prime Minister`s family has also been advised against visiting Britain in the near future. Those who had floated the weird conspiracy theory thought that any BBC documentary on the alleged corrupt practices of the rulers would be part of the same British plot so it was decided to confront all those who had assisted in any form the BBC news crew. Najam Sethi made a strategic blunder when the delivered a hard-hitting anti-establishment speech in Delhi, only a few days after participating in the BBC documentary on Nawaz Sharif.

Officials acknowledged that Najam Sethi`s statement before a select Indian audience in Delhi had generated an uneasy feeling in the country`s top military echelon as they received extremely negative reports on his speech through their own representatives at the Pakistan embassy in India. Prime Minister Nawaz Sharif had received a similar report from Ambassador Ashraf Kazi. “What do you expect from services chiefs if they are told that a responsible Pakistani had spit venom against his own country on Indian soil,“ observed an official who thought that The Friday Times editor “definitely crossed line in Delhi and provided an ideal hit-back opportunity to his antagonists in the country“. Talking to the NIU Fakhruddin G Ibrahim and other senior lawyers expressed deep surprise over the government`s statement before the Lahore High Court on Wednesday wherein it was stated that Najam Sethi had been taken into custody under section 123-A of Pakistan Penal Code “for condemning the creation of the state and advocacy of abolition of its sovereignty“ and the Army had decided to take cognizance of his speech under the Army Act.

The federal Law ministry in its opinion to the government had thought that in his speech at the India International Centre in Delhi on April 30 last Najam Sethi made remarks that violated section 123-A of PPC. What surprised the legal community in the country was the government`s decision to push for his court martial and not to try him in normal courts under normal laws. Even the best of government loyalists in their private conversations conceded that Sethi was being punished for The Friday Times` extremely adversarial editorial stance against the government. “It hurts most when a close friend turns into a foe,“ said a close associate of the prime minister who recalled several anecdotes to establish that both Najam and his wife Jugnu once had fairly close relationship with the Sharifs. During the caretaker administration of Malik Meraj Khalid, The Friday Times and Najam Sethi who had joined the caretaker set-up as an adviser with the status of the minister consistently demanded a bi-partisan accountability before the elections — a position that might have irked the PML leadership. Picked by former president Farooq Ahmed Khan Leghari to become a member of his interim government, Najam and The Friday Times have always remained close to the former president. REFERENCE: Case against Sethi hits a dead end Army not ready to lock horns with Press News Intelligence Unit By Kamran Khan [AS QUOTED IN Chowk: Law Liberties Justice: The Dark Tower by Shandana Minhas May 10, 1999

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ISLAMABAD: Within half an hour of his surreptitious climb to the post of the Chief of Army Staff on Tuesday afternoon, the former Inter-Services Intelligence chief, General Khawaja Ziauddin knew that the Army he was supposed to lead was not prepared to accept his command. The News Intelligence Unit (NIU) has gathered that all of Ziauddin`s phone calls to the Corps Commanders and the Chief of General Staff — placed from the Prime Minister`s House in Islamabad on Tuesday — drew a blank, a reaction that almost instantly drew down the curtains on former prime minister Nawaz Sharif`s second term in office. Debriefing sessions with detained aides of the Nawaz Sharif administration by security officials here have disclosed that the former ISI chief-led operation to stage an in-house coup in the Army was driven by his personal ambitions ignoring the actual situation on the ground. “Even a layman in Pakistan is aware that any operation of this sort can never be completed without the active support of the troops and commanders posted in the cities of Islamabad and Rawalpindi,“ an Army official commented. “It was foolish of the former prime minister not to be aware that his nominee for the Army chief didn`t have the key support of the 10 Corps and more specifically the 111 brigade,“ he added. It has now become clear that Lt. Gen. Ziauddin was the architect of the secret operation that envisioned the official announcement of his promotion to the post of COAS once Gen Pervez Musharraf boarded PIA Flight PK 805 in Colombo for a journey that severed his contact with the GHQ for a good 200 minutes. It was also Lt. Gen. Ziauddin who, along with the former principal secretary Saeed Mehdi, had suggested to Nawaz Sharif that General Pervez Musharraf`s plane must not be allowed to land at Karachi so that he could be arrested at any other less busy airports in Sindh.

Sources said that Ziauddin had assured Sharif that he would gain the full command of the Army much before the landing of General Pervez Musharraf`s plane at Karachi airport, a dream that suddenly transformed itself into Sharif and Ziauddin`s worst nightmare. Officials here believe that because of his family and, more particularly, his father`s old ties with Khawaja Ziauddin`s family, Sharif always wanted to appoint him to the coveted post of the COAS, but he couldn`t do that since he had ignored a senior-most three star general as General Jehangir Karamat`s replacement. Several close aides to Sharif had often conceded in the past that Gen Kuli Khan Khattak was ignored because Sharif was not comfortable with a Pathan general.

Ziauddin, an officer from the Army`s Corps of Engineers, was one course junior to Gen. Ali Kuli Khan and Gen. Pervez Musharraf at the Pakistan Military Academy, but even before Karamat`s dramatic exit from the Army, Ziauddin had told his friends about the likelihood of his replacing Gen. Jehangir Karamat. Sources said that General Karamat had posted him as the Corps Commander, Gujranwala in response to a personal request from Sharif, who wanted to give him a fair chance at the time of Karamat`s retirement. Those who had close access to Sharif always contended that his decision to appoint Gen Musharraf was a stopgap arrangement between Gen. Karamat`s abrupt resignation and Ziauddin`s eventual appointment as the COAS. Ziauddin`s appointment as the ISI chief, minutes after Musharraf`s posting as the COAS, spoke volumes of Sharif`s bent of mind at the time. With the knowledge that doubts deliberately created about Musharraf`s tenure as the COAS would further deteriorate worsening relations between the Army and the former prime minister, Ziauddin using his position as the ISI chief nonetheless invented an intriguing conspiracy theory on the Kargil crisis and helped fuel misinformation that the Army leadership got Sharif trapped by launching the Kargil operation.

During the Kargil crisis, Gen. Ziauddin`s exclusive briefing to the former prime minister almost always contradicted the GHQ`s version. “He was responsible for planting the seeds of intrigue on the Kargil issue in Sharif`s mind,“ according to a reliable official source. In his rash drive to convince Sharif that Musharraf`s removal as the COAS would ease tension with the Army, Ziauddin is believed to have also encouraged the former Intelligence Bureau chief Colonel (retd) Iqbal Niazi, to invent a variety of Army-backed threatening scenarios for Sharif, who apparently had an unlimited appetite for stories that painted a highly negative picture of Musharraf and the corps commanders considered close to the COAS. Khawaja Ziauddin`s desperation to please Nawaz Sharif became evident on the first day of his appointment as the ISI chief when he readily confirmed a police-doctored version about the culprits allegedly involved in the ghastly murder of Hakim Mohammad Said. On Ziauddin`s report, submitted without any independent verification, Sharif got an excuse to knock out the democratic set-up in Sindh, an act that later emerged as part of a well-engineered plot to make way for the installation of an exclusive PML-run unelected administration in Sindh. An independent Army probe later discovered that the Sindh Police`s version of the Hakim Said case, with a stamp of ISI confirmation from Gen. Ziauddin, was nothing but “a pack of lies.“ Neither Sharif nor Ziauddin, however, ever acknowledged the blunder.

In another desperate attempt to please the former prime minister, Ziauddin ordered the illegal detention of Najam Sethi, the editor Friday Times, for more than two weeks. Despite the Army`s blunt refusal to initiate sedition or treason charges against Sethi, Ziauddin obliged Sharif and Saifur Rahman by keeping Sethi locked up for about 20 days. Sethi had been handed to Ziauddin`s ISI after being abducted by IB goons from his Lahore residence. Sources said Ziauddin agreed to hold Sethi in illegal detention in response to a single phone call from Saifur Rahman, who later also made Sharif speak to him on the subject. Reliable sources said that Ziauddin was also behind severe criticism of the Kargil crisis by at least two corps commanders, who later met Sharif in Ziauddin`s presence. These meetings were never reported to the COAS, who later reacted by removing both corps commanders from their posts. For Sharif, sources said, Ziauddin`s mission was to divide the corps commanders on ethnic and professional lines and to create an anti-Musharraf lobby amongst the corps commanders. “Since his appointment as the DG ISI, Ziauddin was playing a dangerous game that pitched his boss against the Army,“ observed a senior official. “His operation ultimately turned out to be hara kari (suicide).“ REFERENCE: Ambitious Ziauddin steered Nawaz to political disaster News Intelligence Unit By Kamran Khan [AS QUOTED IN Fears of a Military Coup in Pakistan Chowk P Room October 12, 1999

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plutonic66 says: September 21, 2010 at 7:12 am I have to say Amir Mughal you are a machine
===================
Sir, Thanks for the compliment. Purpose of posting the history is to get rid this Culture of Dirty politics of 90s.

Swinging Pendulum of Kamran Khan and PML – N Tuesday, September 21, 2010, Shawwal 11, 1431 A.H http://www.jang.com.pk/jang/sep2010-daily/21-09-2010/main3.htm

World: South Asia Analysis: Nawaz Sharif gets tough Saturday, November 21, 1998 Published at 17:22 GMT By Zaffar Abbas in Islamabad http://news.bbc.co.uk/2/hi/south_asia/219098.stm

Prime Minister Nawaz Sharif’s move to use the army and set up military courts in Karachi to combat crime and terrorism has drawn mixed reactions.

Most of the opposition politicians including Benazir Bhutto and the MQM (Muttahida Qaumi Movement) leader, Altaf Hussain, have condemned the move, and have described it as an attempt to undermine democracy.

But the action has been welcomed by several government politicians who believe this is the only way to solve Karachi’s chronic law and order problem.

Karachi has been the Achilles heel of successive Pakistani Governments.

Whether the state of extreme lawlessness is ignored, or whether action is taken, there is always an outcry.

Sharif: Hopes constitution will solve the crisis
Prime Minister Nawaz Sharif is facing the same dilemma.

His latest decision to call on the army for help and to set up special military courts to try alleged terrorists and criminals is a controversial but bold move.

It also shows his growing frustration in trying to find a solution to what has largely been described as a politically-motivated crime situation.

Mr Sharif is confident that once a system of speedy military justice is put into place, with cases completed in less than 10 days, the situation is bound to improve.

To some extent this is true.

Past experience not encouraging

From the army’s point of view the biggest flaw in the 1992 military crackdown in Karachi was that it was never given the power to prosecute the alleged culprits.

Thousands of people were arrested during the operation but most of them were later released by the civilian courts.

A similar situation was faced by Benazir Bhutto’s government in 1995 when her interior minister, Naseerullah Babar, used the police and paramilitary Rangers against the alleged terrorists.

This time, however, fewer cases were sent to the civilian courts.

Instead, the authorities allegedly indulged in large-scale “extra-judicial” killings of those arrested for such crimes.

On both occasions, the action provided a brief respite from violence.

But soon Karachi again plunged into widespread cases of sniper shootings and politically motivated murders.

Benazir Bhutto: Among those criticising military courts
Now another serious attempt is being made to wipe out crime and terrorism in the city.

For the first time Article 245 of the constitution has been invoked to give extraordinary powers to the army to deal with the Karachi situation.

It may be said that with such powers to arrest and prosecute criminals the army would have no excuse for failure.

But because of the complications of the unique Karachi situation many political observers have already raised doubts about the success of this latest move.

Karachi’s wave of violence is now in its 14th year. Thousands of people have died.

A thin dividing line

But what has made the restoration of peace almost impossible is the fact that here a very thin line divides crime from politics.

Clearing up after a police raid
So whenever there is an action against the alleged militants, one or the other political groups – from the mainstream MQM to its Haqiqi faction – comes to their rescue by accusing the authorities of victimisation.

Mr Sharif believes that if some of the culprits are given jail terms through this system of military justice, things will improve in Karachi.

But the real task before the authorities is to round up the armed militants – most of whom have already gone into hiding.

Prosecution in military courts will come later.

Although the military command has learnt from past experience in Karachi, many analysts believe the army are still not trained to combat urban terrorism, and may find it extremely hard to catch armed men belonging to the various militant groups.

In such a situation any wrong move, like arresting the innocent supporters of any group or relatives of the accused – something not uncommon in Pakistan – may have a serious backlash.

Many critics of the present move say that had Prime Minister Sharif taken all the political parties into his confidence before taking this extreme action, they would have given him much needed political support. And his task may have become much easier.

Record of criminal cases withdrawn under NRO goes ‘missing’ By Tahir Siddiqui Thursday, 10 Jun, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/local/record-of-criminal-cases-withdrawn-under-nro-goes-missing-060

KARACHI, June 9: The Sindh home department has washed its hands of the material and record of the criminal cases withdrawn under the controversial National Reconciliation Ordinance (NRO) saying that the files and summaries are no longer available.

Well-placed sources told Dawn that the home secretary informed Sindh Prosecutor General Shahadat Awan through a letter on June 4 that his office could not produce the details of implementation of the criminal cases revived after the NRO was repealed on Dec 16, 2009 by the Supreme Court.

On May 21, Chief Justice of Pakistan Iftikhar Mohammed Chaudhry had ordered the home secretary to provide a list of all criminal cases abolished under the NRO in Sindh. The order was issued following a meeting that was also attended by Justice Ghulam Rabbani and Chief Justice of the Sindh High Court Sarmad Jalal Osmany. The prosecutor general and the member inspection team of the SHC were also present.

The meeting had discussed the progress of the implementation of the criminal cases revived after the NRO was repealed and the prosecutor general had assured the court that a complete report on the progress of all such cases would be provided as soon as possible.

However, the sources said, the home secretary through his letter categorically stated that no material evidence — ie files, applications, orders abd approved summaries of the criminal cases withdrawn under the controversial ordinance — was available with the home department.

They said that only 32 files submitted by retired Justice Roshan Essani to the home department and a few summaries were submitted to the prosecutor general office for the perusal of the apex court.

The sources said that the few summaries available in the home department apparently did not bear any clear orders of the competent authority.

They said that the home department suggested to the prosecutor general that the officials posted at that time, including then home secretary retired Brigadier Ghulam Mohammed Mohtaram, then Advocate General Khawaja Naveed, then prosecutor general Rana Shamim Ahmed and the section officer concerned might be summoned on ‘court’s notice’ to explain the whereabouts of the record pertaining to the withdrawal of the cases under the NRO.

The sources said that the home department also suggested that the then adviser on home affairs, Waseem Akhtar, could also be asked to assist the court “as the whole working about these cases was done while he was the home affair advisor”.

“This office is handicapped to produce before the Honourable Supreme Court of Pakistan anything beyond what is being submitted,” the home secretary’s letter said.

According to a statement of Law Minister Ayaz Soomro, as many as 3,576 cases were withdrawn under the NRO in Sindh, among them, are included corruption and criminal cases.

The NRO beneficiaries include politicians, bureaucrats, industrialists and capitalists.

The controversial ordinance was promulgated by retired General Pervez Musharraf in order to grant amnesty to all those against whom ‘politically-motivated’ cases were registered between Jan 1, 1986 and Oct 12, 1999.

According to official sources, over 3,500 criminal cases were registered only against different leaders and activists of the Muttahida Qaumi Movement in Karachi, Hyderabad, Sukkur, Mirpurkhas and Nawabshah.

These cases were withdrawn as part of the reconciliation policy for which a review board was formed under the supervision of retired Justice Ghous Mohammad. The members of the board had included Law Secretary Ghulam Nabi Shah and the then AG Khwaja Naveed Ahmed.

According to an official list, the highest number of cases were withdrawn against MQM chief Altaf Hussain — ie 72, including 31 on murder and 11 on attempt to murder charges.

Dr Farooq Sattar, the MQM’s parliamentary leader in the National Assembly, occupied the second slot. A total of 23 cases were withdrawn against him, including five murder and four attempt to murder cases.

The third biggest beneficiary appeared to be provincial minister Shoaib Bukhari of the MQM against whom 21 cases were withdrawn, including 16 on murder and attempt to murder charges.

’بوڑھے بریگیڈیئر یا جھوٹ کی فیکٹری‘
آخری وقت اشاعت: Wednesday, 2 September, 2009, 03:25 GMT 08:25 PST
http://www.bbc.co.uk/urdu/pakistan/2009/09/090901_rafiqsafi_imtiaz.shtml
نثار کھوکر
بی بی سی اردو ڈاٹ کام، کراچی

بریگیڈیئر(ر)امتیاز کےمطابق رفیق کی گرفتاری پر فوجی حکمران جنرل ضیاء نے انہیں ستارہ رسالت دیا تھا

پاکستان کے ایک ریٹائرڈ بیوروکریٹ اور جنرل ضیاء کی مارشل لاء کے اسیر رفیق احمد صفی منشی نے کہا ہے کہ وہ بریگیڈیئر(ر) امتیاز کے ان الزامات کی پندرہ مرتبہ تردید کرچکے ہیں جن میں وہ انہیں امریکی خفیہ ایجنسی سی آئی اے کا ایجنٹ قرار دیا گیا تھا۔

رفیق صفی منشی کا کہنا ہے کہ انہیں لگتا ہے کہ بریگیڈیئر یا تو بوڑھے ہوچکے ہیں یا ان کے پاس جھوٹ کی فیکٹری ہے جو ختم نہیں ہو رہی ہے۔

بریگیڈیئر(ر)امتیاز نے اپنے ایک حالیہ انٹرویو میں کہا ہے کہ انہوں نے انیس سو اناسی میں جب وہ خفیہ ایجنسی آئی ایس آئی کے سندھ کے سربراہ تھے، کراچی یونیورسٹی کے ایک سابق گریجویٹ رفیق منشی کو آپریشن رائزنگ سن کے دوران گرفتار کیا تھا۔ اپنے انٹرویو میں انہوں نے الزام لگایا تھا کہ رفیق منشی سی آئی ای کے لیے کراچی کے جوہری ادارے کانپ میں کام کررہے تھے۔ ان کے مطابق وہ پاکستان کے جوہری راز امریکی خفیہ ادارے سی آئی ای کے حوالے کرنے والے تھے۔ بریگیڈیئر(ر)امتیاز کےمطابق رفیق کی گرفتاری پر فوجی حکمران جنرل ضیاء نے انہیں ستارہ رسالت دیا تھا۔

رفیق صفی منشی نے بی بی سی اردو ڈاٹ کام کو بتایا ہے کہ وہ کبھی کراچی یونیورسٹی میں زیرتعلیم نہیں رہے۔ انہوں نے سندھ یونیورسٹی جامشورو، لندن اور امریکا سے ڈگریاں حاصل کی ہیں۔ ان کا کہنا ہے کہ وہ کبھی کانپ نامی جوہری ادارے کے ملازم نہیں رہے ہیں بلکہ انہوں نے کراچی کو بجلی فراہم کرنے والے ادارے کی ای ایس سی میں ملازمت کی تھی جہاں سے ان کو گرفتار کیا گیا۔

رفیق صفی دو سال قبل کراچی پورٹ ٹرسٹ سے اکیس گریڈ کے افسر کی حیثیت سے ریٹائر ہوئے ہیں۔ وہ کراچی میں اپنی ایک بیٹی اور بیرسٹر بیوی کے ساتھ رہائش پذیر ہیں۔

رفیق صفی کا کہنا ہے کہ بریگیڈیئر امتیاز جو آجکل راز فاش کرنے کے داعی ہیں وہ ان کے تین سوالوں کے جواب دیں کہ وہ راز کہاں سے آئے، رفیق نے کس کو دیئے اور وہ راز تھے کیا؟ انکےمطابق اگر امتیاز نے ان سوالوں کے جوابات نہیں دیئے تو وہ خود دستاویزات عدالتوں کے سامنے پیش کریں گے جن سے معلوم ہوگا کہ وہ اور انکے سربراہ جنرل ضیاء امریکی ایجنٹ تھے یا نہیں۔

ماضی کی مارشل لاء کے دنوں کو یاد کرتے ہوئے انہوں نے بتایا ہے کہ انہیں بارہ دسمبر انیس سو اناسی کو اس وقت گرفتار کیا گیا جب وہ اپنی سالگرہ کے سلسلے میں کچھ ڈرنکس لینے بازار گئے تھے۔ رفیق صفی کےمطابق اس وقت مارشل لا کے دن تھے اور خفیہ ایجنسیوں کے تشدد کی دکان کھلی ہوئی تھی۔انہیں خفیہ قید خانوں میں وہاں رکھا گیا جہاں کمیونسٹ رہنماء جام ساقی اور دیگر کو رکھا گیا تھا۔

رفیق صفی کے مطابق ان دنوں بریگیڈیئر(ر)امتیاز نے عالمی ایجنسیوں کی دکان کھول رکھی تھی اور بائیں بازو کے تمام رہنماؤں کو وہ غیرملکی ایجنٹ قرار دیکر گرفتار کر رہے تھے۔جام ساقی روس کے ایجنٹ قرار دیئے گئے، وہ خود امریکہ کے اور رسول بخش پلیجو چین کے ایجنٹ قرار دیئے گئے تھے اور ان دنوں تمام قیدی ایک دوسرے کو سپر پاورز کے قیدی کہہ کر پکارتے تھے۔

رفیق صفی کا کہنا ہے کہ ان کے خلاف برسوں سے جاری خفیہ ایجنسیوں کی تمام مہم کے باوجود انہیں اکیس گریڈ میں ترقی دی گئی۔جنرل مشرف نے کراچی پورٹ ٹرسٹ کے سربراہ وائس ایڈمرل احسن حیات کی بریفنگ پر غور نہیں کیا اور انہیں ترقی دی۔

As per The News International dated Saturday, October 09, 2010 – ISLAMABAD: Opposition Leader in the National Assembly Chaudhry Nisar Ali Khan in his written correspondence with the Prime Minister termed the appointment of Deedar Shah for the post of Chairman NAB as inappropriate. Nisar terms Deedar’s appointment ‘inappropriate’
http://www.thenews.com.pk/latest-news/2605.htm And as per the same News International

Nawaz trusted the new NAB chairman By Rauf Klasra Saturday, October 09, 2010 Shawwal 29, 1431 A.H http://www.thenews.com.pk/09-10-2010/Top-Story/1195.htm

ISLAMABAD: The 10-year-old official record of the Sindh High Court (SHC) reveals that PML-N chief Nawaz Sharif, when he was a high profile detainee of Pervez Musharraf, during his trial on the hijacking charges punishable with death penalty, had not only shown confidence but also praised professionalism of the then Sindh High Court chief justice and the new NAB chairman, Deedar Hussain Shah. The record available with The News reveals that with the elevation of the then SHC CJ, Deedar Hussain, to the Supreme Court on April 28, 2000, detained Nawaz Sharif had suddenly found himself in big trouble at the hands of the new SHC CJ, who had constituted a full bench to hear the hijacking case on a daily basis. It created panic in the ranks of Nawaz’s legal team.
Sunday, October 10, 2010, Zul Qadah 01, 1431 A.H
http://www.jang.com.pk/jang/oct2010-daily/10-10-2010/main3.htm

Why Chaudhry Nisar rejected Former Judge Mukhtar Junejo as Chairman NAB???-The Lahore High Court accepts (Feb 9, 1998) the constitutional petition filed by Rafiq Tarar against his disqualification by the (former) Acting CEC and declared him qualified to contest for and hold the office of President. The acting CEC, Justice Mukhtar Ahmed Junejo of the Supreme Court, had found Mr Tarar, a former Supreme Court Judge, guilty of propagating views prejudicial to the integrity and independence of the judiciary at the time of his nomination as a presidential candidate under Article 63(G) of the Constitution and debarred him from the December, 1997 contest. Former President Rafiq Tarar Sabotaged & Subverted the Judiciary. http://chagataikhan.blogspot.com/2010/09/former-president-rafiq-tarar-sabotaged.html

Unlawful Acts of Nawaz Sharif & Saifur Rehman.
http://chagataikhan.blogspot.com/2010/10/unlawful-acts-of-nawaz-sharif-saifur.html It is unfortunate that cases sans evidence were instituted during his tenure, but it is heartening that he (Nawaz Sharif) has revealed the truth without any fear or reluctance. Just have a look at some other words of Nawaz Sharif in the same interview. Sharif says: “I was not in favour of arresting Benazir Bhutto, but Saifur Rehman would insist upon her arrest. Ch Shujaat Hussain is witness to this fact that I wanted Benazir Bhutto to go abroad before being sentenced. In fact, I never wanted her to go to jail.” REFERENCES: Ghaddar Kaun? Author: Sohail Warraich – Nawaz Sharif opens up to Sohail Warraich in a big way

Kamran Khan [Jang/Geo] on Sharif Brothers & 12 Oct 1999.
http://chagataikhan.blogspot.com/2010/10/kamran-khan-janggeo-on-sharif-brothers.html Nowadays “Kamran Khan, Jang Group of Newspapers, GEO TV, and The News International “advising” Nawaz Sharif for the Long March whereas 11 Years ago read what Kamran Khan had filed in The News International/Daily Jang on Sharif Brothers, Accountability process, Senator Saifur Rehman and what not, read the history and Watch the Video of Former DG IB Mr. Iqbal Niazi.