Supreme Court of Pakistan must refrain from interfering into the executive authority of the democratic government
The decision by the mostly Punjabi, some of them pro-Taliban, judges in the Supreme Court of Pakistan against the process of national reconciliation in the country has had a visibly adverse impact on the capacity of the democratic government.
While the Supreme Court of Pakistan has failed to award exemplary punishments to Taliban terrorists and their supporters (including but not limited to Mullah Abdul Aziz of Lal Masjid, General Hameed Gul, Qazi Hussain Ahmed, and many terrorists of Taliban, Al Qaeda and Sipah-e-Sahaba), while the Supreme Court has failed to try and punish military generals for violating the constitution of Pakistan and for scores of cases of corruption against General Musharraf, General Hameed Gul and Brigadier Imtiaz etc, the Court seems to be in an inexplicable hurry against the democratic government of PPP.
Imran Khan, Al Jazeera’s correspondent in Islamabad, said: “In the midst of a massive crisis that Pakistan faces; a war within its own borders, suicide bombings on a deadly basis, we’re now seeing a new political crisis.” This new political crisis is likely to further complicate domestic instability within the country and international efforts in Afghanistan. Source
The Supreme Court of Taliban, it seems, is adamant on interference in the executive authority of the democratic government in Pakistan perhaps with an aim to stall the successful military operation against Taliban and Al Qaeda. Here are a few examples:
Ahmed Mukhtar stopped from leaving country
Updated at: 2321 PST, Thursday, December 17, 2009
ISLAMABAD: Federal Minister for Defence Chaudhry Ahmed Mukhtar, whose name is on ECL, has been stopped from leaving the country for China here at Islamabad airport on Thursday.
The Federal Minister, along with his delegation, was scheduled to leave the country on PIA’s flight no PK-852 for China on an official visit. He was intercepted by the FIA staff at the Islamabad airport just before getting on board the flight.
The Defence Minister, whose name was placed on Exit Control List (ECL) after SC verdict on NRO, was informed of this fact and that he was not allowed to leave the country.
The Minister had an exchange of some hot words with the FIA staff when he was stopped, the sources said.
However, the Defence Minister talking to Geo News said he did not leave for the airport because he was informed by the Secretary Interior of having his name on ECL.
He said, “It is a shame for the nation that the Defence Minister has been stopped from leaving on an official visit.”
Source
LHC appoints local commission in petition against Mukhtar
LAHORE: An election tribunal of the Lahore High Court (LHC), consisting of Justice Ijaz Ahmad, has appointed a local commission to report with 30 days on a petition challenging the election of Federal Defence Minister Ahmad Mukhtar from NA-105 (Gujrat).
Issues against Wattoo: An election tribunal of the Lahore High Court (LHC) will frame issues on December 15 on a petition challenging the election of Mian Manzoor Wattoo as a member of the National Assembly from NA-146 (Okara). The petitioner, Rao Muhammad Ajmal, said he had obtained 46,006 votes while Wattoo secured 46,941 votes. He said the margin of victory was 935 votes while 5,686 votes had been rejected. He said the retuning officers gave undue advantage to Wattoo while consolidating the results and never examined the rejected votes. He alleged that Wattoo’s son Khurram Jahangir was a Town Nazim at the time of election and he used local body’s machinery to secure a victory for his father. He said that the security arrangements in the area were also not satisfactory as one person was killed and many others were injuring in polling-related clashes.
Source
Haris Steel Mills case: SC orders action against chief commissioner
Updated at: 1340 PST, Friday, December 11, 2009
ISLAMABAD: The Chief Justice Iftikhar Ahmad Chaudhry has ordered legal action against Chief Commissioner Islamabad Fazeel Asghar for providing help to Sheikh Afzal, owner of Haris Steel Mills, to flee from the country.
The court has also expressed displeasure on government’s decision of removing DGFIA Tariq Khosa from the post.
A three-member bench of Supreme Court (SC) headed by Chief Justice Iftikhar Muhammad Chaudhry heard Haris Steel Mills case. The NAB informed the court that assets of Shaikh Afzal in Dubai and Malaysia have been frozen whereas ex-president of Punjab Bank Hamesh Khan had already arrested in US and arrangements are underway to bring up back him in the country.
The court has also called explanation from government about removal of DG FIA Tariq Khosa. Chief Justice said Khosa was performing well in some key cases and instead of encouragement; government has removed him from the office. Acting attorney general said he will informed the court after consultation with government on the issue. The case hearing will be resume on December 16.
Source
Steel Mills probe team notification cancelled
Updated at: 1530 PST, Thursday, December 17, 2009
ISLAMABAD: The Supreme Court has issued contempt of court notice to Interior Minister Rehman Malik and cancelled notification issued form interior ministry team to investigate corruption in Steel Mills.
The court has also ordered immediate restoration of DG FIA Tariq Khosa.
A three-member bench of Supreme Court today starts hearing of Steel Mills corruption case today. The court expressed displeasure on the removal of DG FIA Tariq Khosa. Acting attorney general conveyed message of good wishes of prime minister to the court and said Tariq Khosa would be appointed as secretary interior. Any person referred by the court will be appointed as chief of FIA.
The chief justice expressed displeasure and said Tariq Khosa should be restored today so that he will complete investigations of Steel Mills, Haris Mills and other cases. The court has also cancelled interior ministry notification for the formation investigation team. The court issued contempt of court notice to Interior Minister Rehman Malik and directed to submit reply December 24.
Source
SC issues contempt of court notice to Malik
Upadated on: 17 Dec 09 06:53 PM
Staff Report
ISLAMABAD: The Supreme Court has issued a contempt of court notice to the federal interior minister, Rehman Malik, Thursday.
The notice has been issued for his involvement in court’s investigation of Pakistan Steel Mills fraud case.
Three-member bench of the SC headed by Chief Justice Iftikhar Mohammad Chaudhry has suspended the orders of the interior minister for investigation by the joint team instead of the Director FIA Sindh Zubair Mehmood. The court has also ordered to continue the investigation according to previous orders of the court.
The court in the notice stated that Malik said that the SC was not satisfied over the investigation therefore joint team was constituted but the court has not issued/shown such orders at all. Malik has been asked to appear before the court and justify why he should not be investigated into the matter.
The notice also carried the comments/statement of Doctor Aslam Khaki that the transfer of Director General Tariq Latif Khosa was held to keep him aside from the Steel Mills fraud case.
CJ Chaudhry showing anger over the matter said that the administration was interfering into the court matters. CJ Chaudhry ordered the Attorney General Shah Khawar to issue orders to the concerned department to keep Khosa on his seat till the completion of the three to four cases.
Shah Khawar told the court after talking to the Prime Minister Syed Yousuf Raza Gilani that the government was ready to take back the decision of the government of the joint investigation.
Source
Some comments
hasankhan said:
ch.iftkhar is very luckey.asif zerdari is president if there was mushrraf he put him in jail and if there was nawaz shreef he have attacked supreme court .i salute zerdari to u how gracously u took this verdict.
gayan said:
My point is why just Politicians……why not Generals……
Politicians have been paying the price for sometime now……
mir munsif said:
No one is above law,either he is Punjabi or Sindhi,Pushto or Baluchi etc.But Considering all evil related to PPP esp leadership of PPP,then it means there is some fishy,It seems that All the worst is PPP leadership while all Pious leadership is from Punjab based Parties.There is dichtomy,A Sindhi PM was hanged by nexis of Judiciary and Military,Now even Judges on record say,it was wrong and forced decision.While Sharif flied easily,signed a deal (NRO),no hue and cry on his deal,no NRO problem,No prison because He is from Punjab??? While AZ suffered several years in prison,BB was killed in Pindi.The Death bodies come from Punjab..What a Federalism.If we do YES to all things of Military and Punjabi brothers,then we are Pakistani,we are good,we are patroitic..If you think so that Nations build upon heaps of Weapons,military pressures and Monopoly,then bro u are utterly wrong.Moreover Agencies and Military which is full from ppl of Punjab also need to come out of Punjabism and learn to respect sentiments of every one.SIndh based leadership talks about federation,what ever u name them,hate them,abuse them or criticise them) but THEY ARE ELECTED ppl.They have to right to govern,this is called Democracy.Every time,democracy takes first steps,some misventures comes and derails whole system.
One more point,who many times PMLN leadership visited SIndh,They hardly come out from Jaati umaro,see the TOP 50 leaders of PMLN,u’ll find 95 percent from Punjab,HAVE THEY TRIED TO make any base in SIndh??? PTI has the same record,IK hardly visits SIndh,people have only few choices,PPP,Mqm Mafia,PMLQ Wadeeras cum looters and now after long pause Nationalist leaders have decided to take part in Election.Lets see who situation turns in SIndh.If PPP fails to deliver,only alternative is Nationalist parties.
FInally,Let me clear,Its federation of every one,SIND is NOT COLONY of any one,Sindh is equal stake holder of this federation,dont PUSH HARD or CORNER federal voice in Sindh,otheriwise the silent volcano of mistrust,dissatisfaction will erupt,which is neither good for state nor our future generations.I request you all,Do criticise PPP,but dont be BIASED and respect the mandate,they are elcted representative of ppl,if they wont come up to the expectations to ppl,they will get flushed out but if any one tried to oust them through propaganda,illegitmate way then Bhai Pakistani sb,iss Pakistani bhi phir Allah Hafiz hey.
Engr_Ali said:
Judiciary will be independant once they also investigate schemes like “Qarz utaro Mulk sanwaro” and put on trial the corrupt generals..opening the cases of only PPP gives the impression that it was a prejudiced decision…
Discalimer (for the empty headed only): I do not support in any way, PML-N, PPP or MQM
hasankhan said:
mr,ifthkhar u r a justice not a king,stay under ur limmit.when mushrraf kicked u and arrested u it was ppp who released u.if zerdari kicked u now ,no one fr computer addicts will come to rescue u.ur job is to give the justice ,not to rule the country.
gayan said:
even Maja and Gama knew this will be the decision…….
This decsion has further united ppp and support of zardari has increased within his supporters, who strongly belive that it is a clear victimisation…..cuperem ciurt is ignoring the crimes of Musharruff, army, MQM and going after PPP Govt….not right……
Yesterday BOLTA PAKISTAN, please see what Nusrat said about supreme court….i echo that……
peace….
PPP urges end to conspiracies against Zardari
Updated at: 1925 PST, Thursday, December 17, 2009
KARACHI: The members of Sindh Assembly and Parliament, who benefited from the National Reconciliation Ordinance, were asked to step down for the stability of democracy.
While the members of Pakistan Peoples Party (PPP) have hit back at this demand, terming it a conspiracy against President Asif Ali Zardari.
Speaker of Sindh Assembly Nisar Ahmed Khoro chaired the session today, in which a PML-Q MPA Sheharyar Mehar said he does not want President Zardari’s resignation or instability of the democracy in the country. However, he urged the ministers and members of Parliament, who benefited from the NRO, should tender their resignations in the interest of democracy.
On the point of order, PPP Parliamentary Leader Pir Mazharul Haq said the PPP government had not issue the NRO. He said those who kept mum during the military rule, were now making a fuss about the rule of law under a democratic government.
What would be the opinion of opposition if Baloch leaders were given general amnesty in line with NRO, he questioned.
Another PPP MPA Tariq Masood Arain lashed out at Khawaja Asif for demanding Zardari’s resignation. He said the PML-N MNA should dwell on his leaders, who fled the country despite punishment of 25 years.
http://www.thenews.com.pk/updates.asp?id=93796
Watch the GEO HEADLINE
As per “Constitution of 1973” President enjoys Legal and Constitutional Cover against any kind of proceedings but GEO TV Sends the NAB References against Asif Ali Zardari in the Court of Law:)
Cases against President, 52 others sent to courts Updated at: 2230 PST, Thursday, December 17, 2009 http://www.geo.tv/12-17-2009/54963.htm
KARACHI: To reopen the cases against 52 people including Interior Minister Rehman Malik, Provincial Minister Agha Siraj Durrani and Principal Secretary of President Asif Zardari, Usman Farooqi, files have been sent to courts, said Deputy Prosecutor General of NAB Sindh.
While talking to GEO News correspondent, Deputy Prosecutor General of NAB Sindh Aslam Butt said that names of Chaudhry Shareef and M. B. Abbas are also included in the list.
He further said that these cases have been sent to total 52 courts in Karachi while 2 references are sent to a court in Hyderabad. Aslam told that 9 pleas against NAB decisions, pending in Sindh High Court, will be submitted for hearing on Friday.
Cases against President, 52 others sent to courts Updated at: 2230 PST, Thursday, December 17, 2009 http://www.thenews.com.pk/updates.asp?id=93804
KARACHI: To reopen the cases against 52 people including Interior Minister Rehman Malik, Provincial Minister Agha Siraj Durrani and Principal Secretary of President Asif Zardari, Usman Farooqi, files have been sent to courts, said Deputy Prosecutor General of NAB Sindh.
While talking to GEO News correspondent, Deputy Prosecutor General of NAB Sindh Aslam Butt said that names of Chaudhry Shareef and M. B. Abbas are also included in the list.
He further said that these cases have been sent to total 52 courts in Karachi while 2 references are sent to a court in Hyderabad.
Aslam told that 9 pleas against NAB decisions, pending in Sindh High Court, will be submitted for hearing on Friday.
Abbas Ather comments on judiciary’s interference in executive:
Supreme Court of Pakistan seems to be much interested in diverting the attention of the “Interior Minister” of Pakistan, Mr Rehman Malik, the most active and influential person in Pakistan’s war on terror from operation against Taliban:
SC summons Rehman Malik for ‘interfering’ in court’s affairs
* Contempt notice served on interior minister for transferring Tariq Khosa from FIA
* Court cancels Interior Ministry’s notification for formation of team to probe PSM irregularities
By Masood Rehman
ISLAMABAD: The Supreme Court (SC) on Thursday served a contempt-of-court notice on Interior Minister Rehman Malik for transferring FIA Director General Tariq Khosa – who was heading an investigation into a case against alleged irregularities amounting to Rs 22 billion on court orders at the time of reassignment – and summoned him to court.
A three-member bench – headed by the chief justice – served the contempt notice while hearing the suo motu case against the alleged irregularities in the accounts of the Pakistan Steel Mills (PSM).
The court directed the government to reappoint Khosa to his previous post immediately, and ordered Malik to personally appear in court on December 24 and file a written reply to the contempt notice.
Expressing displeasure over the transfer of the FIA director general, the court branded it “an act of interference in SC affairs and misinterpretation of orders”. The chief justice warned that if the government failed to comply with the SC orders, the court would take action against the interior minister.
Acting Attorney General Shah Khawar said the government was willing to appoint any officer as the FIA director general.
The chief justice later said in his order, “At this point, the court would not comment on Khosa’s reposting”. He then directed the FIA director in Karachi to continue the investigation into the PSM case and file his reports directly with the SC.
Cancels notification: The court also cancelled an Interior Ministry notification for the formation of a team to investigate the alleged PSM irregularities.
http://dailytimes.com.pk/default.asp?page=2009\12\18\story_18-12-2009_pg1_5
Interior Ministry puts boss, 245 others on ECL
* Names of Farooq Sattar, Babar Ghauri, Jahangir Badar, Salman Farooqi also on list
* President, Sindh governor not included in list because of constitutional immunity
By Irfan Bukhari and Tahir Niaz
ISLAMABAD: The Interior Ministry on Thursday placed the names of 253 people – including Interior Minister Rehman Malik and NRO beneficiaries affected by the SC verdict – on the Exit Control List (ECL) following a request by the National Accountability Bureau, according to sources.
The names of others put on ECL also include Defence Minister Ahmed Mukhtar, the MQM’s Farooq Sattar and Babar Ghauri, Jahangir Badar and Salman Farooqi.
The NAB sources told Daily Times that the NAB chairman asked the Interior Ministry in a letter, dispatched on Thursday, to place the names of NRO beneficiaries – apart from President Asif Ali Zardari and Sindh Governor Ishratul Ebad, both of whom enjoy constitutional immunity – on ECL.
“According to a NAB list … corruption cases against 248 people had been withdrawn under the NRO … after the exclusion of the names of the president and the Sindh governor, the tally goes down to 246. But NAB also asked for the names of seven others not on the NRO list to be placed on ECL,” said the sources.
NAB also dispatched letters to its provincial offices and the FIA – which reads, “In compliance with the SC judgement in the NRO case on December 16 … immediately initiate all requisite actions for the revival of the subject cases to the position [before the promulgation of the ordinance],” reads the NAB letter.
http://dailytimes.com.pk/default.asp?page=2009\12\18\story_18-12-2009_pg1_1
Supreme Court of Pakistan has effectively dislodged the authority of the democratic government. What a pity!
NAB chief refuses to attend law ministry meeting
Sunday, December 20, 2009
ISLAMABAD: Chairman National Accountability Bureau Navid Ahsan on Saturday refused to meet new Law Minister Babar Awan and attend a briefing at the Law Ministry.
The NAB sources told this news agency that Law Minister Babar Awan had invited the NAB chairman to a briefing at the Law Ministry but he refused to attend the session, saying the NAB was not working under the Law Ministry but directly answerable to the prime minister.
The sources said Babar Awan was infuriated with his refusal and said the prime minister had brought the NAB under the control of the Law Ministry. He said in this regard, the prime minister had issued orders on the request of the former law minister Farooq Naek.
A senior NAB official said the NAB was still constitutionally and lawfully answerable to the prime minister.
The sources said NAB Prosecutor Gen Abdul Basir Qureshi attended the meeting at the Law Ministry and briefed it about the NAB beneficiaries.
http://thenews.jang.com.pk/top_story_detail.asp?Id=26195