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DAWN WIRE SERVICE
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Week Ending : 24 August 2002 Issue : 08/34
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Contents | National News | Business & Economy | Editorials & Features | Sports
The DAWN Wire Service (DWS) is a free weekly news-service from
Pakistan's largest English language newspaper, the daily DAWN. DWS
offers news, analysis and features of particular interest to the
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(c) Pakistan Herald Publications (Pvt.) Ltd., Pakistan - 2002
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CONTENTS
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NATIONAL NEWS
+ Indian land, air attack repulsed
+ Agosta being launched today
+ Benazir's counsel files amended petition
+ LFO aims to keep Benazir out: counsel
+ 'Amendments to give Martial Law permanence'
+ Benazir files papers for 2 NA seats
+ Muttahida threatens boycott
+ Amendments irreversible: Musharraf
+ NSC set up; powers to sack govt restored
+ PPP rejects constitutional amendments
+ Incursions might be going on into Valley: Musharraf
+ Benazir's return to end in prison
+ CEC asks government to amend law
+ Kashmiri leaders never ignored Pakistan: FO
+ Allotment of election symbols complete
+ ARD demands caretaker set-up for fair polls
+ Parties, lawyers reject packages of amendments
+ EC asked to disqualify 99 ex-MNAs, senators
+ CEC takes notice of PPP leaders' complaint
+ PPP urges CEC to reconsider decision
+ Musharraf reuniting turncoats: PML-N
+ Musharraf assures Fahim of fair polls
+ EC rejects PML(Z) documents
+ Benazir firm on contesting polls
+ LHC rejects plea against Benazir's conviction
+ Benazir's plea to be reheard on 21st
+ Asif's petition dismissed
+ Cases against Benazir, Asif: NAB viewpoint
+ Arguments continue: Meerwala case
+ Defence raises qualms about case registration: Meerwala case
+ Meerwala: defence starts arguments today
+ Meerwala: ATC accepts plea for re-examination of PWs
+ Evidentiary record misplaced, ATC told: Meerwala gang-rape case
+ Defence wants rape victim re-examined
+ Rape victim won't face punishment, rules Shariat Court
+ Four Harkat men indicted in car bomb case
+ CPNE urges govt to promulgate legislation
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BUSINESS & ECONOMY
+ $10m loan accord with WB signed
+ US refixes $3bn debt repayment dates
+ Marked improvement in economic indicators, says IMF
+ Judicial reforms plan hits snags
+ $5bn debt rescheduling arrangements finalized
+ Weekend selling clips gains on stock market
+ Despite official spat financial market behaves modestly
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EDITORIALS & FEATURES
+ We never learn from history-4 Ardeshir Cowasjee
+ The abiding tragedy of reformers Ayaz Amir
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SPORTS
+ Waqar offers no excuses for Pakistan's exit
+ Pakistan crash out of Morocco Cup
+ Sri Lanka beat Pakistan
+ Shoaib back, Saqlain not considered
+ Inzamam bitterly disappointed
+ PCB's shabby treatment of Saqlain and Saeed
+ Jansher refused wild card for not appearing in trials
+ Jansher looks to Europe for comeback
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NATIONAL NEWS
20020824
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Indian land, air attack repulsed
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By Faraz Hashmi
ISLAMABAD, Aug 23: Indian army, backed by Mirage-2000 fighter
planes, launched an attack on Thursday night on Pakistan army
positions in the Gultari sector, 30km from Skardu. "Vigilant
Pakistani troops engaged Indian troops and caused heavy casualties
running into dozens of personnel," ISPR Director-General Maj-Gen
Rashid Qureshi told a press conference.
The Indians' attempts to reinforce the attack failed because of
accurate fire by the Pakistani troops, he added. "Unable to make
any headway, despite losing dozens of personnel, the Indians in
their frustration resorted to a highly escalatory act by bombing
the area using the air force."
The Inter-Service Public Relations chief said that Indian planes
had carried out four to five sorties to bomb Pakistani positions at
an altitude of 16,900 feet.
Describing the use of India air force to target Pakistani positions
as a highly escalatory act, Maj-Gen Qureshi did not rule out the
possibility of the clash spilling over to other areas.
Last time the Indians used their air power during the Kargil
conflict in 1999, losing two fighter planes.
The ISPR chief did not give details of Pakistan's response to the
air attack and violation of its airspace. "They moved in and moved
out," he said.
About the exact number of casualties suffered by the Indian army
Maj-Gen Qureshi said it was in two digits.
In reply to a question about the number of troops used by the
Indian army, he said 70 soldiers were involved in the attack.
Giving the latest situation in the area, he said an intermittent
exchange of fire was going on and the Indians were unable to
retrieve their bodies. Pakistan army, he said, did not suffer any
causality.
Reflecting on the causes of the attack, the ISPR chief said India
perhaps wanted to show the world that the situation was still tense
thereby creating an excuse for keeping its troops on border.
Maj-Gen Qureshi recalled a similar incident in July when India had
initially admitted little casualties. But, later they had sacked
one of their commanding officers for conducting a highly grievous
operation.
On the deployment of troops by India, he said a frustration was
setting in among the Indian soldiers and added that the number of
incidents where Indian troops had revolted against their commanders
was increasing.
The ISPR chief said that the Indian army was under tremendous
pressure for having failed to have any face saving.
On India's denial of any such attack, he said it was their pattern
to refuse or conceal an incident where they got beating.
He agreed that the timing of the attack was significant as the US
Deputy Secretary of State Richard Armitage had arrived in Delhi. In
reply to another question, he said Pakistan had been exercising
maximum restraint and trying to avoid any conflict with India.
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20020824
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Agosta being launched today
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KARACHI, Aug 23: The Pakistan Navy will launch its first
indigenously built submarine today, a press release said.
The launching of this submarine symbolizes an important landmark in
the acquisition of the Agosta 90B submarine, which is being
indigenously built in Pakistan.
Construction of second Agosta 90B started in 1998, as part of the
same contract under which DCN International of France had
constructed one Agosta 90B at Cherbourg, France, while two are
being built locally.
The submarine being launched is the second of the series - the
first being the PNS/M Khalid, which was commissioned in September,
1999, and is operating successfully since then. The Agosta 90B has
been named as a Khalid Class submarine.
The two submarines at present being constructed here would
progressively replace a part of the submarine fleet.
The design of the Agosta 90B is similar to the proven Agosta, built
by France in the 70s. The new Agostas have been fitted with modern
command and control systems and weapon suites. These subs are
capable of launching anti-ship missiles and various types of
torpedoes.
The Navy's Agosta 90B will be equipped with a 200kW MESMA
installation. This air independent propulsion system will
significantly increase submerged endurance of the vessel.
The first MESMA propulsion unit has been delivered and will be
installed in the third of the three Agostas being built in Karachi.
The Agosta 90B has been designed for anti-submarine, anti-surface,
intelligence gathering and sea patrol operations. -APP
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20020824
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Benazir's counsel files amended petition
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Staff Reporter
KARACHI, Aug 23: Counsel for former prime minister Benazir Bhutto
filed amendments in the constitutional petition to impugn the
substitution in article 63 (1) (p) of the constitution.
A division bench of the Sindh High Court had on Thursday allowed
Barrister Kamal Azfar's application for amending the prayers, in
view of the situation after the promulgation of the Legal Framework
Order 2002 on Aug 21.
In the additional ground the petitioner has maintained that "the
substitution of paragraph (p) in article 63 (1) of the Constitution
of Pakistan by the impugned CEO order/LFO of 2002, is in violation
of the Constitution and the judgment of the Supreme Court of
Pakistan in Zafar Ali Shah's case."
Through the amendment, the petitioner has also prayed for declaring
the substitution of paragraph (p) in article 63 (1) of the
constitution without lawful authority and of no legal effect.
It is the case of the petitioner, whose case is being argued by
Barrister Azfar and Farook H. Naek, advocate, that she has never
absconded in terms of section 31-A of the NAB Ordinance of 1999, as
the petitioner has left the country with the permission of the
Lahore High Court. Thus, no question of disqualification under
clause 2 (n) of article 8D of CE Order No 7 of 2002, as amended,
arises.
Even otherwise, article 8D 2 (n) only applies where a person has
been "convicted" of absconcion. Under section 31-A, the guilt is
determined by operation of law and not as a result of conviction.
Thus, the disqualification envisaged under article 8D 2 (n) does
not apply in the case of the petitioner.
It is her case that section 31-A of the Ordinance of 1999 only
applies where a person absconds in order to avoid being served with
any process.
The very concept of automatic conviction, let alone one without
even a trial, is completely subversive of the cardinal principle of
due process of law and is inconsistent with the norms of civility
and justice.
Article 8D 2 (n) of CEO7 of 2002, as inserted by CEO No 21 of 2002,
is violative of articles 4 and 9 of the constitution as a person is
disqualified from being elected to the parliament against the
doctrine of due process of law and the principle of natural
justice.
It is also the petitioner's case that section 31-A of the NAB
Ordinance 1999 is violative of article 175 of the constitution as
it interferes with the judicial functions, which the courts are
required to perform in accordance with, inter alia, the Criminal
Procedure Code, while dealing with cases of absconcion. The
legislative fiat reflected by section 31-A of the Ordinance 1999
flouts the independence of judiciary.
This section, which automatically convicts a person, is violative
of articles 4 and 9 of the constitution which guarantee the right
of every citizen to be dealt with in accordance with law and that
no action detrimental to liberty shall be taken except in
accordance with law. Conviction of a person without any trial
whatsoever is a mockery of the due process of law.
It is Ms Bhutto's case that section 31-A of the Ordinance 1999
which automatically finds a person guilty for reason of absconcion
regardless of the individual circumstances of each case, is
manifestly arbitrary and discriminatory.
It is her case that the impugned provisions have been enacted by
Gen Pervez Musharraf with the declared malafide intent of
disqualifying her from the electoral process thereby
subverting/frustrating the free exercise of expression of will by
the people of Pakistan through ballot.
It is her case that article 8D 2 (n) of CEO 21 of 2002, as amended,
is inconsistent with article 63 (h) and (l) of the constitution,
which already provides for convictions which results in
disqualification of a person.
Article 8 D 2 (n) of CEO of 21 of 2002, as amended, is outside the
parameters of limited power to amend the constitution for the
welfare of the people which has been circumscribed in Zafar Ali
Shah's case.
Besides praying for declaring the modification to article 63 (1)
(p) illegal and unconstitutional, the petitioner has also prayed
for declaring that section 31-A of the National Accountability
Bureau Ordinance of 1999 and article 8D 2 (n) of CEO 7 of 2002 as
inserted vide CEO 21 of 2002, is ultra vires of the provisions of
the constitution.
The petition is fixed on Aug 27 before a division bench of the
Sindh High Court.
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20020823
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LFO aims to keep Benazir out: counsel
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Staff Reporter
KARACHI, Aug 22: Counsel for Benazir Bhutto termed the Legal
Framework Order illegal and contended that amendments to the
constitution, especially to article 63 (p), were mala fide and
intended to keep the petitioner out of political dispensation.
Counsel Barrister Kamal Azfar was arguing before a bench of the
Sindh High Court, comprising Justice Sabihuddin Ahmed and Justice
Ali Aslam Jafferi, on a petition in which the former prime minister
has prayed for enforcement of her right to contest election to the
National Assembly from NA-207 and has challenged the Musharraf
regime's measures to keep her out of the political and electoral
process.
"These amendments are illegal and mala fide and outside the ambit
of powers conferred by the Supreme Court in Zafar Ali Shah's case,"
argued Barrister Azfar who, along with Farooq H. Naek, represented
the former prime minister.
The bench also allowed the petitioner's application for filing an
amended petition, also questioning amendment to article 63 (p) of
the constitution. The petitioner has prayed for declaring this
illegal.
The counsel sought an interim order from the court, allowing the
petitioner to file nomination papers for NA-207, saying that it
should be left to the voters once again to decide who should
represent them.
It was also prayed that the returning officer should be directed
not to announce adverse order on scrutiny until her petition was
decided.
Justice Ahmed observed that "you can always file a nomination
paper. The court can always grant you relief if it comes to a
conclusion that the amendments are invalid."
Attorney-General Makhdoom Ali Khan argued that the question was
whether disqualification was constitutional or unconstitutional,
whether the amendments were constitutional or unconstitutional? It
was his contention that appeal against rejection of nomination
papers could be raised at an appropriate forum.
He argued that the "court has powers to strike down a
constitutional provision, but it cannot suspend a provision of
law."
Barrister Azfar, however, said that the apprehensions expressed by
him on Wednesday that the adjournment was being sought in order to
bring an amendment to cover up the illegalities in the CEO No 21 of
2002, which was inconsistent with article 63.
He said that the chief executive had no legislative power or
jurisdiction to make any change or amendment to the constitution as
the power to amend the constitution was the prerogative of a duly
elected parliament.
He added that the government was motivated by the desire to
introduce new faces in the political arena. If such practice was
permitted this would be fraught with dangerous consequences. He
pointed out that when Hussain Shaheed Suhrawardy was disqualified
under the EBDO by Ayub Khan, the leadership of the Awami League was
transferred to the "new face" of Shaikh Mujibur Rahman.
The AG opposed the maintainability of the petition. He said that
appropriate remedy had been provided in the Election Laws.
He argued that no interim order could be passed by this court, as
in election matters this court could not interfere. He also
submitted that the petitioner had not filed nomination papers. If
she did so and the same were accepted or rejected, a legal remedy
was available in either case to aggrieved parties. If her
nomination papers were accepted, other contesting candidates had a
right to challenge her candidature. In case nomination papers were
rejected, an appeal lay before the Election Tribunal.
He pointed out that the returning officer had not yet rejected her
nomination papers.
Barrister Azfar relied upon the case of Ghulam Mustafa Jatoi in
which a constitutional petition was filed and interim relief was
given. He submitted that his client had a strong prima-facie case
to contest the election and the balance of inconvenience was also
in her favour.
He said that if interim relief was not allowed, the petitioner
would suffer irreparable loss and the voters of NA-207 would be
deprived of an opportunity to elect the petitioner.
Counsel Farook H. Naek pointed out that in case interim relief was
not granted the name of the petitioner would not appear on the
ballot paper and she would not be able to challenge the elections
even under the election laws, whereas no harm and/or injury would
be caused if the petitioner was allowed to contest the election.
The court then put off the hearing to Aug 27.
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20020823
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'Amendments to give Martial Law permanence'
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By Saleem Shahid
QUETTA, Aug 22: The senior deputy chairman Pakhtoonkhwa Milli Awami
Party, Abdur Rahim Mandokhel, rejected the constitutional
amendments announced by President Musharraf on Wednesday and
described it a permanent form of Martial Law in the country.
Giving reaction over the amendments here on Wednesday, he said that
the PMAP had already expressed its apprehension regarding military
government's designs regarding imposing permanent military rule in
the country.
"We are continuously saying, the present government wanted to
impose a permanent martial law in the country and it was proved
today true when President Musharraf announced constitutional
amendments," Mr Mandokhel said adding that the government has now
imposed a military constitution in the country.
The PMAP leader strongly opposed the formation of Security Council
and said that it will be a permanent hanging sword over the head of
an elected government and parliament.
"There is no need of National Security Council. The parliament
itself could play the role of NSC," he added. He said that his
party would not accept these illegal constitutional amendments and
would resist them. He urged upon all the political parties to get
united and resist these amendments with full force.
He said that through these amendments military generals would
remain involved in the affairs of the civil government. He appealed
to all political parties and civil society organizations to take
serious notice of these constitutional amendments and evolve a
joint strategy for launching struggle against it.
Secretary Gen Awami National Party Dr Inayatullah said that the
supreme court should review the constitutional amendments announced
by the President Musharraf.
Sardar Sanaullah Zehri chief of newly formed Balochistan National
Democratic Party said that the president has no power to amend the
constitution as only an elected parliament could do it. He said
that now it depends on the new parliament that would it approve
these amendments or reject it.
The secretary general of Jamhoori Watan Party Mr. Khuda-i-Noor
while committing on the amendments said that people of the country
and political parties had already rejected all such amendments
proposed or announced by General Musharraf.
He said that on one side he was claiming to restore democracy in
the country while on the other hand he announced that he would
remain President and Chief of Army Staff for five years.
The Secretary General of Jamiat Ulema-e-Islam, Maulana Abdul
Ghafoor Haideri also rejected the amendments and said that Supreme
Court of Pakistan has no power to authorize any person or General
to make any amendment in the constitution. He said that General
Musharraf should have to present all these amendments before the
elected parliament but he ignored all rules and regulations and
made amendments by himself.
The president of Balochistan National Party, Sardar Akhtar Mengal,
while rejecting the amendments said that all political parties
should shun their differences and get united for launching a joint
struggle against these amendments.
He suggested that all political parties should boycott the coming
general elections as protest against these illegal constitutional
amendments. He said that the new parliament would be just a rubber
stamp, as all powers would be with the president.
Jamal Khan Jogezai central leader of Pakistan People's Party has
also rejected the constitutional amendments and said that president
has no powers to take such important decisions which could only
take an elected parliament.
He demanded that Gen Musharraf should conduct free and fare
elections and should hand over the government to the elected
representatives of the people.
The provincial president PML(Q) Balochistan, Jam Mohammed Yousaf,
however, welcomed the constitutional amendments announced by the
president and said that it would necessary in the larger interest
of nation and promotion of democracy in the country.
Committing on the amendments he lauded the minimum required
amendments in the constitution and said that President Musharraf by
restoring article 58 (2-B) had blocked the way of martial law and
in future if the circumstances went worse, president could dissolve
the assembly.
He also welcomed the amendment authorizing the president for
appointing chairman Joint Chiefs of Staff committee and services
chiefs and said it would create balance of power between president
and prime minister.
Regarding the constitution of National Security Council, the PML-QA
Balochistan, Jam Yousaf said it would play a role of a bridge
between the president and the parliament and termed it beneficial
for a better democracy in the country.
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20020823
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Benazir files papers for 2 NA seats
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By M.B. Kalhoro
LARKANA, Aug 22: Nomination papers of PPP chairperson Benazir
Bhutto for two National Assembly seats were filed on her behalf by
some PPP leaders here on Thursday.
The former prime minister is a candidate from the constituencies of
NA-204 Larkana-I and NA-207 Larkana-IV.
Ms Bhutto has attached a copy of her MA degree from Oxford
University with the nomination papers. Mohammad Ayaz Soomro,
president of the district bar association and senior vice-president
of the PPP in Larkana district, and Dr Ashraf Abbasi, a former
deputy speaker of the National Assembly, filed Ms Bhutto's papers
with the returning officer for NA-204 Larkana-I, Abdul Ghani
Soomro. This was the constituency from where Begum Nusrat Bhutto
had previously been elected.
Later, they went to Ratodero and filed her papers for NA-207
Larkana-IV with Akhlaque Hussain Larik, the additional district and
sessions judge.
Advocate Zulqarnain Abro and Mazhar Ali Junejo are the proposer and
seconder of Ms Bhutto for NA-204, respectively. Aijaz Leghari and
Shafique Ahmed Soomro are the proposer and seconder for NA-207,
respectively.
Mr Soomro said that scrutiny of papers for NA-204 and NA-207 would
be held on Aug 26 and Aug 30, respectively. It would only be after
the scrutiny that the returning officer would announce the
acceptance or rejection of nomination papers, he added.
Shamim-ur-Rahman adds from Karachi: Ms Bhutto's petition
challenging the government's bid to prevent her from contesting the
elections is now fixed for pre-admission hearing on Aug 27.
Her counsel's plea for restraining the returning officers from
pronouncing order on her nomination papers until her petition is
decided, was not accepted by a division bench of the Sindh High
Court.
Justice Sabihuddin Ahmed observed that "you can always file a
nomination paper. The court can always grant you relief if it comes
to a conclusion that amendments are invalid".
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20020823
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Muttahida threatens boycott
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Staff Correspondent
HYDERABAD, Aug 22: The deputy convenor of Muttahida Qaumi
Movement's coordination committee, Aftab Ahmad Sheikh, hinted at
the possibility of boycotting the October elections in case hurdles
were created in the way of the party.
Talking to a group of newsmen after obtaining nomination form for
NA-219, Sheikh, however, said the MQM had not still decided to
boycott the polls. However, he did not altogether rule out the
possibility of boycotting the polls in case his party was not
allowed to enter certain areas where, according to him, the MQM had
12 to 15 provincial assembly and six to seven National assembly
seats.
"What will be the use of any such election when we are denied
permission to contact our voters and attempts are made to forcibly
prevent the MQM from winning some seats," Sheikh said.
He, however, added his party was making full preparations to
contest the polls. He said his party had already brought its
complaints with regard to the existence of "no-go areas" on record
and it was up to the authorities concerned to take notice of it.
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20020822
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Amendments irreversible: Musharraf
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By Faraz Hashmi
ISLAMABAD, Aug 21: President Gen Pervez Musharraf said the
constitutional amendments incorporated by his government are
irreversible and need no validation by the parliament to be formed
after October elections.
If the future parliament tried to reverse amendments particularly
the one pertaining to the National Security Council either "they
will have to quit or I will quit," President Musharraf said at a
press conference held here at PTV Chaghi auditorium.
"I am here by making it a part of the constitution through the
powers given to me by the supreme curt I do not need assembly's
approval," Gen Musharraf said in a very categorical terms when
newsmen repeatedly asked whether these constitutional amendments
were subject to the approval of future parliament.
The newsmen were curious as to what would happen in case of a hung
parliament and the government failed to muster two- third majority
required for validation of the amendments.
Gen Musharraf minced no word in making it plain that these
amendments would not be required to be ratified or approved by the
parliament.
The president, who in his opening remarks had made abundantly clear
that any body having any objection on these amendments could take
legal recourse, said the supreme court had given him the mandate to
amend the constitution and they had exercised it 'in the national
interest.'
When pointed out that some critics had been asserting that the
supreme court had no powers to amend the constitution then how it
could delegate these to any individual or institution, he said, the
matter could be referred to the apex court of the country.
The president said that he would continue as the president and the
chief of army staff for the next five years and a provision to this
effect had already been incorporated in the constitution.
He said they had amended the Article 41(7) and he would relinquish
the charge of chief executive. He was not sure about the dates on
which his fresh tenure of five years would start. He had to consult
Gen Tanvir Hussain Naqvi, the author of these controversial
constitutional amendments. Mr Naqvi like an efficient sub-ordinate
sprang in his seat saying that his fresh term would begin the day
he would assume the charge as the president. However, Mr Naqvi did
not give any specific date but he was positive that it would not
start from the date of the holding of referendum.
Replying to a question about the powers of the future prime
minister, he said, he would be totally empowered to run day to day
affairs of the government and to formulate different policies,
including trade policy, financial policies etc.
The president rejected an assumption that through the establishment
of National Security Council, army's role in the running of the
government would be legitimized.
"I will not intrude in the running of the government," Gen
Musharraf retorted. He expounded that the NSC would be set up to
introduce a system of checks and balances.
Every army chief had to face tremendous pressure by the public and
forced to interfere in the affairs of the government. "I had
visited president house for more than 100 times," he said referring
to his tenure as the Chief of Army Staff before the military take
over of October 1999.
"If you want to keep army out you bring them in," the president
said giving the rationale behind NSC. "In the presence of this
forum the army chief would not take over," he added.
"We have included those who can take this rash decision," he
remarked later. However, the president repeatedly said that he is
not in favour of army rule and believes in democracy.
A number of questions were asked about the fate of Sharif family
and PPP chairperson Benazir Bhutto. On asking such questions the
president even lost his cool. He said: "what is your view that the
looters and plunders would be condoned by the people," if they were
voted into power.
About the Sharif family, he said, they had gone abroad through an
agreement between the two governments to which they were also
signatory.
He disagreed with a suggestion that the agreement should be made
public. They (Sharifs) were unnecessarily creating confusion by
issuing statements of their arrival knowing fully well that they
could not come.
When his attention was drawn towards an observation of the LHC he
said the court had no knowledge of the agreement. Here the law
minister bailed him out by saying that the court's ruling has
become infructuous.
The president said that no member of the family could return and
contest the elections.
In an emphatic tone he dispelled the rumours about postponement of
elections saying they were determined to hold free, fair and
impartial elections.
About the lifting of ban on political activities, he said, it would
be withdrawn at an appropriate time. However, he said no
processions would be allowed and political parties would only have
the opportunity to hold public meetings. He said there was no bar
on politicians to appear on electronic media.
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20020822
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NSC set up; powers to sack govt restored
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By Ihtasham ul Haque
ISLAMABAD, Aug 21: President and Chief Executive Gen Pervez
Musharraf issued the Legal Framework Order 2002 interjecting many
amendments to the 1973 Constitution, particularly the restoration
of Article 58(2-B) to dismiss the government and setting up of the
National Security Council.
The LFO 2002 shall come into force at once.
The president unveiled the much-awaited amendment package at a news
conference by saying that all the political and economic reforms
introduced by his government as well as the LFO 2002 did not
require to be validated by parliament.
"We had been allowed by the Supreme Court to make necessary
amendments to the Constitution and we have done this job for which
I do not need any validation or approval of the future assembly,"
Gen Musharraf declared.
Many proposed amendments, he pointed out, had been withdrawn after
consultations with politicians, legal and constitutional experts,
intellectuals and journalists. The proposals withdrawn related,
among other matters, to the appointment of prime minister by the
president and reduction of the term of senators from six to four
years and that of the National Assembly from five to four years.
The LFO 2002 created the provision of the NSC under Article 152A
which says that there shall be a National Security Council to serve
as a forum for consultation on strategic matters pertaining to the
sovereignty, integrity and security of the state; and matters
relating to democracy, governance and inter-provincial harmony.
When reminded that Law Minister Khalid Ranjah was on record having
stated that the future assembly could undo the new amendments, the
president replied: "Yes, the new assembly could discuss them but we
will not allow anyone to scrap them".
He said there was a strong need for checks and balances for which
it was imperative that the president had powers to dissolve the
assembly. However, he added, such a decision would be taken with
the active participation of the NSC.
An amendment has been made to Schedule (Article 3) under which the
Chief Executive shall relinquish the office of the CE on such day
as he may determine in accordance with the Supreme Court judgement
of May 12, 2000, and shall hold the office for a term of five years
under the Constitution.
The president has been empowered to appoint, in his discretion, the
chairman Joint of Chiefs of Staff Committee and all the three
service chiefs.
Under the LFO 2002, there shall be 342 seats of the National
Assembly against the existing 217, and it will include seats
reserved for women and non-Muslims. Likewise, the Senate shall
consist of 100 members against the present 87.
The president said that a decision had been taken to create a
Mediation Committee for removing differences between the Senate and
the National Assembly. The Mediation Committee has been created by
amending Article 71 which says that all the decisions shall be made
by a majority of the total number of members of each House in the
Mediation Committee.
The Mediation Committee will have eight members each from the
Senate and the National Assembly.
Many amendments, the president said, were dropped and left to the
future assembly whether to consider them or not.
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20020822
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PPP rejects constitutional amendments
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Staff Reporter
ISLAMABAD, Aug 21: The Pakistan People's Party has rejected
President Gen Pervez Musharraf's announcement of constitutional
amendments saying no individual has the right to make amendments to
the Constitution.
The PPP spokesman, Farhatullah Babar, commenting on the Gen
Musharraf's news conference on the powers of the president and the
setting up of the National Security Council, said: "the PPP rejects
constitutional amendments."
No individual has the right to make amendments to the Constitution,
he maintained.
"The PPP rejects the National Security Council as a body of checks
and balances over the elected government and institutions of
democracy... It is a device to re-write the civil-military equation
on the military's terms, which no civil society can accept," Babar
said.
"The PPP believes that the regime, despite its machinations and
massive pre-poll rigging, is mortally afraid of an assertive
parliament coming into being which will not accept the amendments
being imposed unilaterally by the regime. That is why it has
resorted to massive emasculation of the Constitution to load the
dice against civil society, political parties, and the institutions
of democracy."
He said parliament will be free to change the laws, and reject the
constitutional amendments of the regime.
The spokesman said the PPP was part of the ARD, which has declared
that no ARD party, after being elected, would ratify the
constitutional amendments as it was beyond the competence of a
military general to make changes in the Constitution.
The PPP rejects Musharraf's' contention that there was no need of
approval for the constitutional changes from parliament.
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20020821
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Incursions might be going on into Valley: Musharraf
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ISLAMABAD, Aug 20: President Pervez Musharraf has said that
militants may still be crossing the Line of Control into occupied
Kashmir. "The possibility is there...it's like the Afghan border,
only much worse," Gen Musharraf told AFP in an exclusive interview
at his official residence outside Islamabad.
"Militants going across (a possibility)? Yes, sympathizers. A
possibility of individual small groups going across is there,
because when 700,000 troops of Indians can't block the borders, how
can they expect us to block the borders?" However, Gen Musharraf
said there had been no large-scale or government-sponsored movement
of militants over the LoC since he pledged to halt the incursions
earlier this year.
OSAMA WHEREABOUTS: President Musharraf said he accepted that Osama
bin Laden and Mulla Omar could be hiding in Pakistan's western
border tribal belt. But, he observed, it was more likely they were
sheltering in Afghanistan.
"I won't entirely rule it out," he said of the chances that the
two, who have eluded the 10,000-strong coalition of international
troops, were being helped by sympathizers in the semi-autonomous
tribal belt that borders Afghanistan.
He insisted that Osama, if he had survived the US-led coalition
offensive in Tora Bora in December and the Shahi Kot Valley in
March, would have trouble hiding in Pakistan.
"He is not the kind of person that would be moving alone or in a
very small group, he would be moving in a very big group," Gen
Musharraf said.
"He's not an ordinary man. He must be moving with 100 to 200 people
around him to give him all the protection, so that kind of group,
such a large group, would not be able to hide in Pakistan."
The president said there was a chance that Mulla Omar had crossed
the porous mountain border. "I wouldn't negate it altogether, the
border is very porous, inhospitable country, movement cannot be
seen entirely. "Therefore I can't rule it out or say that there's
an absolute zero possibility of his coming to this side. He could."
However the absence of Afghan government authority beyond Kabul
made conditions far more inviting for the fugitive Taliban leader
inside his country, Gen Musharraf said.
"He's an Afghan. He would be much more comfortable operating,
moving within Afghanistan where it is very convenient to his
movements because after all the writ (control) of the government is
not there.
"Why would he come into Pakistan?"
"If I was he, I wouldn't come this side. It is much easier to stay
there (in Afghanistan)."
REGROUPING: The president warned that Al Qaeda may be re-grouping
in Afghanistan because of the weakness of the Afghan government.
Gen Musharraf said the failure of US-led forces and the Kabul
administration to establish control outside the capital despite the
massive US military campaign meant conditions were ripe for the
militants network to re-emerge.
"Taliban-cum-Al-Qaeda groups could be re-grouping because the
government does not exercise control everywhere.
"The writ of this Afghan government is not spreading all over
Afghanistan, which it should have," the president said.-AFP
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20020821
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Benazir's return to end in prison
-------------------------------------------------------------------
ISLAMABAD, Aug 20: President Pervez Musharraf said that Benazir
Bhutto would be arrested immediately if she flew back to Pakistan
to contest the Oct 10 elections.
"She goes to jail" as a convicted absconder, the president told AFP
when asked about Ms Bhutto's much-vaunted plan to head home after
four years in self-imposed exile to contest polls.
The PPP chairperson has been convicted twice this year of
absconding as she failed to return from abroad for two separate
graft trials. The convictions disqualify her from the elections
under a new electoral law ushered in by the government which bars
absconders from running for office or leading political parties.
The president said if Ms Bhutto went ahead with her plans he would
not prevent her plane landing at Pakistani airports, nor prevent
her entering the country through airport immigration.
"She goes through in a normal manner and we arrest her and we take
her straight to the jail," he said in an interview at his official
residence.
"Against Benazir there are dozens of cases. She better face them."
The general accused both Ms Bhutto and PML leader Nawaz Sharif of
ruining the country through corruption.
SHAHBAZ SHARIF: Shahbaz Sharif, who has been in exile with Nawaz
Sharif for 20 months, would also be stymied in his homecoming bid,
the president said. "He'll board the next plane and go back to
Saudi Arabia," if he tries to fly into Pakistan. "He can't come
back."
Gen Musharraf said the Sharifs had signed a "confidential" document
agreeing to stay away from Pakistan for 10 years.
The Sharifs deny any such pact exists. "They went because of
certain assurances from the Saudi government, on their own sweet
will," the president said.
"They felt very happy leaving this country and going. You should
see the photos when they left and when they arrived there, how
happy they are, so in this agreement, I know that he won't come."
Gen Musharraf said Pakistan needed new faces in its political
arena.-AFP
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20020821
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CEC asks government to amend law
-------------------------------------------------------------------
By Rafaqat Ali
ISLAMABAD, Aug 20: Chief Election Commissioner asked the government
to amend the Representation of Peoples Act to restore the facility
of covering candidates and allow the candidates to submit party
certificate till the last date for the withdrawal of the
candidatures.
The Election Commission had received complaints from the political
parties that the amended Representation of People Act had made it
difficult for the candidates to file their nomination papers.
It was complained that the amended law had made it mandatory that
the candidate should file a declaration about his party affiliation
at the time of filing of nomination papers along with a certificate
from the political party showing that he was a party candidate from
the constituency.
An announcement by the Election Commission, said that the CEC
Justice Irshad Hasan Khan had taken cognizance of the difficulties
faced by the political parties and had recommended the president to
immediately make appropriate legislation for the redress of the
grievances for the political parties so that the requisite
certificate might be submitted before the last date fixed for the
withdrawal of candidatures.
Raja Zafarul Haq of PML(N) had written a letter to the CEC
complaining that the new procedure for filing of nomination papers
required every candidate to submit certificate from his political
party stating that he was the nominee of that particular party.
It was further pointed out that previously, the procedure was that
the parties used to submit certificate for allocation of party
symbol to candidate after acceptance of their nomination papers and
before publication of final list of candidates.
The complainant said that under the new procedure, if papers of a
candidate, whom political party had issued a certificate were
rejected then that party loses the opportunity to field a candidate
from that constituency.
The PML representative had objected to the new procedure and had
requested that the previous procedure which was adopted after a
long experience of several elections be restored under which
parties should be allowed to submit certificate of nomination in
respect of candidate till publication of the final list of
candidates accepted to contest elections from that constituency.
The CEC also took notice of the reported amendment in the Punjab
Local Government Ordinance, 2001, allowing Nazims and Naib Nazims
to contest elections without tendering resignation from their
respective offices.
The CEC directed the Punjab government to immediately withdraw the
reported legislation to ensure fair and transparent forthcoming
elections.
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20020820
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Kashmiri leaders never ignored Pakistan: FO
-------------------------------------------------------------------
By Hasan Akhtar
ISLAMABAD, Aug 19: Pakistan on Monday maintained that "genuine"
Kashmiri leaders had never excluded Islamabad from any negotiations
on the Kashmir dispute with New Delhi.
Foreign office spokesman Aziz Ahmad Khan said this when asked about
a report from Srinagar suggesting that the All Parties Hurriyat
Conference leaders, who held talks last week with a non-official
team of Indian interlocutors on the issue, had expressed
willingness to go ahead with negotiations with the Indian
government.
The spokesman pointed out that the "genuine representatives" of
Kashmir who had held talks with the Indian team headed by Ram
Jethmalani had firmly stated that India, Pakistan and the Kashmiris
had to be involved in negotiations to reach any settlement of the
dispute. This, he added, was a position which the Hurriyat and
Pakistan had always maintained.
The spokesman said there were about 58 Pakistanis in the American
detention camp in Guantanamo Bay and expressed the belief that
almost all of them were innocent. He said the government would take
up the question of their release with the American government as
soon as it received report from the Pakistani officials who had
visited the Cuban island for interrogating the detainees.
Referring to a European Union team of elections observers, the
spokesman said the team, already in the country, was welcome to
Pakistan and it did not require any formal invitation or any
Memorandum of Understanding to carry out its assignment.
The spokesman assured that the security of the EU observers was
being taken care of by the authorities concerned in the same normal
manner as that for any other foreign visitors to the country.
In reply to a question, he said a misunderstanding had arisen
because of a statement attributed to EU team leader John Cushnahan
about the electoral process to which the government had sharply
reacted. However, he added, after a subsequent statement by Mr
Cushnahan that his task was to observe the polls and in no way he
intended to interfere with the electoral process the matter had
been resolved. But, the spokesman wondered, why did not these
foreign teams visit occupied Kashmir to observe farcical elections
there and report their findings in the same manner as on events in
Pakistan.
His comments were sought on a statement by the American general
leading the anti-terrorist campaign against Al Qaeda fighters that
up to 1,000 of those extremists were operating from adjoining
sanctuaries in Pakistan thus making it complicated for him to
pursue the Osama supporters. Rejecting the statement by Lt-Gen Dan
McNeill, the spokesman recalled that Interior Minister Moinuddin
Haider had already refuted the general's assertion. Mr Haider had
emphasized that Pakistan's security network was unbreachable and no
Al Qaeda terrorist had been able to enter Pakistan.
Asked how could one determine the veracity of the two statements,
the spokesman said that Mr Haider was the interior minister who
should know better about these things in the country.
The spokesman said that about 11 Pakistanis detained in Afghanistan
had been unfortunately killed recently in an attempted jail-break.
He said the Pakistani ambassador in Kabul was in contact with the
Afghan officials for the early release of about another 800
Pakistanis detained there.
He recalled that President Pervez Musharraf during his visit to
Kabul sometime back had been assured by President Hamid Karzai that
the Pakistanis would soon be released and repatriated.
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20020820
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Allotment of election symbols complete
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 19: The Election Commission allotted election
symbols to 38 more political parties, including the PPP
Parliamentarians and Pakistan Muslim League (N).
The Election Commission turned down the request of five parties,
including Millat Party of Farooq Leghari, for allotment of separate
symbols on the grounds that they were the part political alliances.
EC Secretary Hasan Mohammad told Dawn that the process of allotment
of symbols was almost complete. The Election Commission would take
up the case of those six parties that had resubmitted their
documents after those were originally returned for not being in
conformity with the Political Parties Order 2002, he said.
Pakistan People's Party Parliamentarians headed by Makhdoom Amin
Fahim was allotted the symbol of its choice - arrow. Pakistan
Muslim League, now headed by Shahbaz Sharif, also got the symbol of
its choice, tiger.
Pakistan People's Party (Sherpao), which was also a contender for
arrow, got lamp. Another faction of the PPP, Shaheed Bhutto, led by
Ghinwa Bhutto got 'fist' as election symbol. On Saturday, the
Election Commission had allotted Muttahida Qaumi Movement the
symbol of its choice - kite.
Pakistan Muslim League (Quaid-i-Azam) was allotted 'bicycle' as
election symbol. Pakistan Muslim League (J) had also applied for
the same symbol and the EC had to draw lots between the PML (QA)
and PML (J) for 'bicycle'.
The EC stated that on perusal of record "it transpired that PML (J)
was part of Grand Democratic Alliance and, therefore, not entitled
to a separate symbol. Thus the symbol of 'bicycle' was allotted to
PML (QA)".
The EC stated that the allotment of 'bus' to the Grand Democratic
Alliance was subject to deletion of the name of Pakistan Mazdoor
Kissan Party, Islamic Democratic Front and Tehreek Wafaq Pakistan
from the list of its component parties, as the request of these
parties for registration as parties had been turned down by the EC
on the ground that their documents were not in conformity with the
provisions of the PPO.
The EC said the GDA was required to delete the names of Pakistan
Qaumi Pashtoon Tehreek and Jamaat-i-Islami (Modoodi Group) as those
parties had not submitted their documents to the Election
Commission.
Pakistan Humwattan Party, Mohajir Ittehad Tehreek, Markazi Jamaat
Ahle Hadis Pakistan, Balochistan National Party (Awami), Pakistan
Muslim League (J) and Jamiat Ulema-i-Pakistan (Noorani) were not
allotted separate symbols as their being part of the Grand
Democratic Alliance and Muttahida Majlis-i-Amal.
Following is the list of political parties and the election symbols
allotted to them: PPP Parliamentarians, arrow; PPP (Sherpao), lamp;
Pakistan Awami Tehreek, truck; Tameer-i-Pakistan Party, hammer;
Balochistan National Democratic Party, spade; Balochistan National
Party, axe; Pakistan Muslim League (QA), bicycle; Pakistan Muslim
League (Jinnah), television; National Alliance, tractor; Nizam-i-
Mustafa Party, clock; Muttahida Majlis-i-Amal Pakistan, book;
National Awami Party Pakistan, fan; Mohajir Qaumi Movement
Pakistan, candle; Qaumi Inqilab Party, boat; PPP (Shaheed Bhutto),
fist; Sunni Tehreek, table lamp; Pak Wattan Party, railway engine;
Balochistan National Congress, horse; Hazara Qaumi Mahaz, tumbler;
Mohib-i-Wattan Nowjwan Inqilabion Ki Anjuman, cap; Sindh Democratic
Alliance, dove; Kakar Jamhoori Party Pakistan, stag; Tehreek
Hussainia Pakistan, bridge; Pakistan Shia Political Party, hukka;
Pakistan Muslim League (F), rose; Ittehad Milli Hazara, bottle;
Balochistan National Movement, saw; Labour Party Pakistan, trowel;
Qaumi Jamhoori Party, sickle; Istiqlal Party, football; Shan-e-
Pakistan Party, flower vase; Pakistan Pakhtoonkhwa Milli Awami
Party, tree; Pakistan Muslim League (N), tiger; Grand Democratic
Alliance, bus; Pakistan Democratic Party, umbrella; Pakistan Social
Democratic Party, wrist-watch; Azmat-i-Islam Movement, spectacles;
Pakistan Muslim League (Qasim), handpump.
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20020820
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ARD demands caretaker setup for fair polls
-------------------------------------------------------------------
By Ashraf Mumtaz
LAHORE, Aug 19: The Alliance for Restoration of Democracy (ARD), if
voted into power, will not act against Gen Pervez Musharraf for
subverting the constitution, provided he hands over power to a
caretaker government of national complexion to hold free and fair
elections, coalition chief Nawabzada Nasrullah Khan declared here
on Monday after a meeting of the alliance components.
"We are not vindictive. But he (Gen Musharraf) should quit without
delay, and hand over power to an interim government", the
octogenarian leaders said at a briefing at the residence of
Istiqlal Party chief Manzoor Gilani.
Rejecting constitutional amendments package (already announced) as
well as the 'abridged' one (expected to be enforced any time
through a presidential order), the Nawabzada said the ARD parties
would try their best to block their approval by the future
parliament.
No ARD party, after being elected, would ratify any constitutional
amendment as it was beyond the competence of a military general to
alter the basic law, he pledged.
The alliance of over a dozen parties, including the PPP and PML(N),
also refused to accept Gen Musharraf as an elected president and
declared that if the ARD came to power it would hold fresh
elections for the office of the president in accordance with the
provisions in the constitution.
The ARD chief, who has quitted electoral politics in favour of his
sons and grandsons, strongly opposed the Muslim League (F)
president Pir Pagara's proposal that general elections should be
postponed for a period of six months.
"We don't recognize as legitimate the three-year term the general
says was mandated by the Supreme Court. The 140 million people of
Pakistan should not be punished with an extra- constitutional
rule".
Despite the announcement of the election schedule, the Nawabzada
said the ARD would remain intact. He said a committee had been
constituted under his chairmanship for seats adjustment among the
alliance components. Doors for adjustments were also open with
other parties and alliances striving for the restoration of a
democratic rule, he said. (PPP sources say that the time for
adjustments was over as the party had almost finalized its
candidates for all constituencies).
He said that the alliance candidates would not indulge in
character-assassination of each other during the election campaign
even in those constituencies where adjustments were not possible.
About the possibility of returning home of Benazir Bhutto and Nawaz
Sharif to contest the elections, the leader from Khangarh said,
they had the right to lead their respective parties in the polls.
He pointed out that Mian Nawaz Sharif, Mian Shahbaz Sharif and
Begum Kulsoom Nawaz would be filing their nomination papers; Ms
Bhutto had also declared that she would return to contest the
election.
He told a questioner that the ARD would not accept the results of
the elections, if rigged. He alleged that the government machinery
was already involved in pre-poll rigging to get the desired
results.
He criticized the government for threatening to expel the European
Union election observers, saying that they represented their
governments and could not be treated as NGOs.
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20020818
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Parties, lawyers reject packages of amendments
-------------------------------------------------------------------
By Shujaat Ali Khan
LAHORE, Aug 17: An overwhelming majority of political parties which
attended a 'joint meeting' sponsored by Pakistan Bar Council, vowed
to scrap the constitutional amendments being proposed by the
military government and elect a new president in accordance with
the constitutional provisions.
A joint declaration adopted by the meeting also called for
resignation or removal of the Chief Election Commissioner to ensure
the impartiality and credibility of the October polls. It also
demanded an immediate withdrawal of all curbs on political
activities to enable the parties and their candidates to launch
their election campaign.
PPP, PML(N), Jamaat-i-Islami, Tehrik-i-Insaaf, Muttahida Qaumi
Movement, Awami National Party, JUP (Noorani), PDP, Pakistan Awami
Tehrik, Jahmoori Watan Party, Pakhtoonkhwa Milli Awami Party and
Jiey Sindh Mahaz supported the declaration and voted for it.
The representatives of the Mohajir Qaumi Movement, which favoured
the declaration, and of the Millat Party and the PPP (Shaheed
Bhutto), expressed reservations and left before voting while the
PML (QA) man restrained from giving any opinion about the
declaration.
AMENDMENTS: The meeting declared that amending the Constitution was
the exclusive function of parliament and no other individual or
institution had any authority to arrogate it or change it.
It rejected the presidential referendum held in April and said it
conferred no legitimacy on the president.
The meeting condemned 'the pre-poll rigging being done through
changes in the election laws and rules and through frequent
transfers and postings of government officials and by use of
intelligence agencies.'
It demanded withdrawal of the election orders and ordinances which
had virtually amended the Constitution and called for the
establishment of an independent and impartial election commission.
Elections should be held as scheduled and international observers
should not only be allowed but facilitated to perform their job,
the declaration said.
The meeting, held in the Lahore High Court Bar Association's
Shuhada-i-Karachi Hall, lasted for about four hours and was
addressed, among others, by Qazi Hussain Ahmad (JI), Dr Mubashir
Hasan (PPP-SB), Sardar Assef Ahmed Ali (PML-J), Qasim Zia (PPP),
Akram Zaki (PML-N), Sikandar Hayat Malhi (PML-QA), Mairaj Mohammad
Khan (TI), Mahmud Khan Achakzai (PKMP), Ehsan Wyne (ANP), Barrister
Shahzad Jahangir (Millat Party), Nawab Mirza (Muttahida), K. M.
Azhar (JUP-Noorani), Mohammad Nawaz Gondal (PDP), Abdul Khaliq
Junejo (JSM), Khadim Husain Qaiser (PAT), Aamar Khan (MQM) and
Amanullah Kanrani (JWP).
Pakistan Bar Council vice-chairman Ashraf Wahla, PBC executive
committee chairman Haleem Pirzada and Supreme Court Bar Association
President Hamid Khan conducted the proceedings and read out the
declaration.
SYSTEM: The JI chief read out a representation made to President
Pervez Musharraf by Muttahida Majlis-i-Amal leaders. He stuck to it
in his one-to-one meeting with the president. It warned the
president that constitutional amendments at this stage were misuse
of the restricted power conferred on him by the Supreme Court.
There should be no departure from the parliamentary system and
separate electorate. He said the need of the hour was to mobilize
voters and mount a vigorous election campaign.
K. M. Azhar warned that the proposed amendments would convert the
form of government into semi-presidential, if not entirely
presidential.
Dr Mubashir Hasan said the real issue was not any constitutional
amendment but empowerment of the people. Unless the real power was
transferred to the people, no law or constitution could prevent
military take-overs and civilian misrule. Lawyers and the people at
large should not pin hopes on those who served and promoted vested
interests. He warned of a 'widening gulf' between the citizen and
the state.
Sardar Assef said the PML-J supported the campaign against the
proposed constitutional amendments. The whole Constitution would
revolve round the president and the prime minister would only act
as an intermediary between the parliament, the president and the
national security council.
Mr Jahangir said Millat Party would consider the amendments on
merit and would not blindly reject or accept them. The new
parliament should have no objection to amendments made to introduce
checks on arbitrary exercise of power. Those who misappropriated
public money or indulged in corruption should have no right to
contest elections.
POWER TO PEOPLE: Mr Malhi said the PML-QA regarded the people as
the source of power but could not close its eyes to realities. He
urged the meeting to determine who chained the parliament first.
Who got a constitutional amendment adopted within 14 minutes to
render the MPs powerless? It was easy to talk in terms of idealism
but difficult to practise it. Why political parties made a beeline
to register themselves under the new Political Parties Order? He
said his party had also made certain compromises in the long-term
interest of a workable democracy.
Qasim Zia said his party was proud that all political parties were
today fighting for restoration of the 1973 Constitution, which was
enacted by a government led by the PPP founder. The PPP got itself
registered under the PPO but under protest. There should be no
compromise on principles.
Ehsan Wyne said that 1973 Constitution was made by a truncated
parliament but his party joined in its enactment in the interest of
democracy and federalism. It did not fulfil its promise because of
unilateral amendments and under the new system envisaged by the
government, even cities and towns would be under direct central
rule.
Akram Zaki warned of a constitutional crisis after Oct 12 when the
government would lose whatever legal justification it has to rule
under the Supreme Court judgement in Zafar Ali Shah's case. The
government was more interested in constitutional amendments than a
timely transfer of power, he said.
CIVILIAN SUPREMACY: Mr Achakzai said the basic issue to be settled
was that of civilian supremacy. Was Pakistan created for popular
government or for military government? Smaller provinces had
suffered more on account of frequent imposition of martial law, he
added.
Pakistan, he added, was passing through a critical phase of its
history and it must be decided once and for all that military would
perform the functions assigned to it without dabbling in politics.
He appreciated that Lahore, which earlier supported military
interventions, was hosting a meeting against a military regime. He
said the 1973 Constitution was not the last word and it should be
suitably amended to guarantee provincial autonomy.
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20020818
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EC asked to disqualify 99 ex-MNAs, senators
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By Syed Irfan Raza
ISLAMABAD, Aug 17: The Capital Development Authority (CDA) has
asked the Election Commission to disqualify 99 former
parliamentarians from contesting the forthcoming general elections
for non-payment of outstanding arrears of parliament lodges and
hostels, a well placed source in the CDA told Dawn.
The authority has sent a letter to the EC secretary, requesting him
to take action against the defaulters so that they could pay their
dues amounting to Rs5 million before participating in the polls.
The letter said the authority had served several notices to the
defaulters but they did not respond. Special senior magistrate of
the CDA, Arshad Mehmood Chaudhry, had declared them defaulters
under Land and Revenue Act, 1967.
The authority has contended that as 100 former MNAs and senators
had been declared defaulters, therefore they should not be allowed
to contest the elections, the source said.
The interior ministry had directed the district coordination
officers (DCOs) to recover the outstanding accommodation arrears
from the MNAs and senators. However, no DCO could recover the dues
from any of the defaulters so far.
He said the notices had already been served on the defaulters
through the concerned DCOs of their areas. "If they do not pay
their dues they should not be able to take part in the elections,"
he added.
He said letters regarding recovery of dues would also be sent to
the returning officers who will be appointed for the coming
elections, so that the defaulters could not take part in the polls
unless they retire their arrears.
The source said two of the parliamentarians, Mr Asardas and
Choudhry Zafarullah Tarar paid their arrears of Rs10,395 and
Rs10,430 respectively. However, 99 former parliamentarians have not
yet paid their dues. Of them 77 are stated to be former members of
National Assembly and 22 former senators.
Following is the list of the defaulters and the amount of their
arrears: Mir Baksh Domki, Rs266,475; Malik Muhammad Ali, Rs220,630;
Hafiz Fazal Ahmed, Rs202,705; Malik Kabir Khan, Rs196,695; Malik
Zulfiqar Chamkani, Rs165,092; Dr Abdul Hai Baloch, Rs106,035; Mian
Umar Hayyat, Rs140,987; Babu Ghulam Hussain, Rs103,215; Khawaja
Kamaluddin Anwar, Rs164,251; Mian Noor Muhammad Bhapa, Rs128,394;
Choudhry Muhammad Ashiq Dehal, Rs119,420; Malik Abdul Wahid,
Rs168,386; Maulana Samiul Haq, Rs2,485; Tariq Aziz, Rs8,565; Ghulam
Akbar Lasi, Rs18,446; Malik Mushtaq Ahmed Awan, Rs23,290; Iqbal
Ahmed Khan, Rs4,080; Malik Mukhtar Ahmed Awan, Rs22,080; Makhdoom
Rukan Din, Rs21,267; Sohrab Khan Khoso, Rs1,885; Ghulam Sabir c/o
Fakhar Imam, Rs5,285; Haji Amanullah, Rs18,935; Arif Jan Hasni,
Rs25,330; Mian Muhammad Shafi, Rs23,220; Malik Waris Khan,
Rs10,080; M Adnan c/o M Sultan Gondal, Rs22,300; Ghulam Mustafa
Bajwa, Rs18,270; Riaz Hussain Qureshi, Rs12,565; Samandar Razzaq,
Rs26,275; Dil Murad Jamali, Rs2,800; Nawab M Yasin, Rs5,545; Ghulam
Haider Talpur, 2,100; Khurshid Alam Cheema, Rs21,565; Qamar Zaman
Khagga, Rs4,560; Shamim N.D.Khan, Rs5,850; Farid M. Jadoon,
Rs21,400; Salim Khan Jalil, Rs24,815; Begum Razia Khanum Sarwar,
Rs30,425; Sultan Ahmed Chandio, Rs34,010; Malik Syed Ahmed Khan,
Rs46,997; Haji Annayat Jan, Rs25,655, Sobedar Khan Mandukhail,
Rs78,135; Mian M. Amjad Joya, Rs4,410; Rao Qaisar Ali Khan, 83,830;
Wazir Ali Bhatti, Rs19,679; Dr Ismail, Rs7,725; Nawab Amanullah
Sihal, Rs788; Muhammad Ayub Jank, Rs3,360; M Zafar Advocate,
Rs2,170; Ghulam Dastagir Khan, Rs2,075; M Ayub c/o Sanaullah
Baloch, Rs16,200; Khalid Javed Garki, Rs5,250; Choudhry M. Iqbal
Bosal, Rs15,320; Shakeel Ahmed Baloch, Rs50,280; Muhammad Nawaz
Ilahi, Rs67,788; Muhammad Raza Khan, Rs41,185; Muhammad Ayub Ilahi,
Rs24,214; Manzoor Ali Gichki, Rs31,285; Kamil Ali Agha, Rs8,880;
Mian Muhammad Munir Rs12,515; Mian Aslam c/o Tehmina Daultana,
Rs9,840; Rai Muhammad Aslam Kharal, Rs115,977; Sardar Younis,
Rs14,290; Choudhry Altaf Hussain, Rs17,867; Ghulam Farid Kathia,
Rs11,220; Pir Bakhsh Hashmi, Rs1,355; Khalid Maqbool Siddiqui,
Rs28,785; Haji Arsalan Khan, Rs7,420; Irshad Amin, Rs16,795; Abdul
Latif Afridi, Rs19,050; Syed Jamil Hussain Bukhari, Rs23,040; Syed
Muzammil Shah, Rs8,455; Sardar Muhammad Yousaf, Rs18,385; Ali Akbar
Wanees, Rs4,285; Qadir Bakhsh Hilla, Rs81,005; Nawabzada Ghazanfar
Gul, Rs8,100; Sardar Tariq c/o Raja Muhammad Afzal, Rs8,490; Father
Rofen Charles, Rs45,105; Syed Sajjad Haider, Rs28,090; Maulana
Muhammad Lakhvi, Rs12,595; Mian Akhtar, Rs28,650; Qasim Ali,
Rs36,250; William Naz, Rs30,495; Pir Aftab Shah Jilani, Rs8,060;
Jorge Clement, Rs54,850; Arbab Ghulam Rahim, Rs2,590; Syed Javed
Shah, Rs1,330; Muhammad Ayub Afridi, Rs4,320; Moti Begum Milani,
Rs10,641; Choudhry Sakhi Jan, Rs73,170; Jam Muhammad Yousaf,
Rs19,665; Zuhair Akram, Rs2,701; Abdul Waheed, Rs49,680; Shaikh
Rashid, Rs11,530; Sardar Asif, Rs54,565; Ishtiaq Ahmed, 2,820;
Hafiz Muhammad Taqi, Rs6,930; and Muhammad Iqbal c/o M Akram Ansar,
Rs12,880.
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20020819
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CEC takes notice of PPP leaders' complaint
-------------------------------------------------------------------
ISLAMABAD, Aug 18: Chief Election Commissioner Justice Irshad Hasan
Khan took serious notice of a complaint from Larkana regarding
setting up of polling stations other than previous places and
issued directives to set up polling stations in the government-
owned buildings such as schools or colleges.
On a complaint filed by the PPP leaders from Larkana about setting
up of polling stations, the CEC said he took cognizance of the
complaint and called for report from the concerned district
returning officer.
The CEC said: "I have gone through the news item published in a
newspaper about the change of polling stations in the constituency
of Benazir Bhutto, Chairperson Pakistan People's Party, in district
Larkana, and perused the draft list of polling stations received
from the election officer, Larkana."
The CEC said that according to manual of instructions, the list of
polling stations is to be prepared by the concerned returning
officer after visiting the site and looking to the convenience of
the voters of the area.
The chief election commissioner said till today (Sunday) the
returning officer concerned had not prepared the final list of
polling stations and the same would be prepared by them after
proper inspection of the site, and looking to the convenience of
the voters of the area.
He said if any candidate or voter had objection to the
establishment of the polling stations shown in the proposal
provided, he may approach the returning officer concerned or the
Election Commission and assured that such grievances would be
redressed according to law.
The CEC said that the provincial Election Commissioner, Sindh, has
also stated in his report that the proposals for setting up polling
stations will be finalized by the respective returning officers
after spot and physical verification and will be finally approved
by the district returning officer (district and sessions judge) in
accordance with the provisions of the law. -APP
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20020819
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PPP urges CEC to reconsider decision
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 18: The Pakistan People's Party has urged the Chief
Election Commissioner to reconsider the single identity condition
and permit the use of multiple identity condition for voting as it
existed in all elections until 1988 when rules were arbitrarily
changed.
The demand has been contained in a letter by party's acting
secretary general Mian Raza Rabbani to Chief Election Commissioner
Justice Irshad Hasan Khan (retired).
"The Pakistan People's Party's fair election program emphasizes the
need for voters to use multi-identity cards. The use of the single
identity card gives the state apparatus a massive advantage and
puts the voter at a serious disadvantage," Rabbani said.
The PPP also forwarded a copy of an article in the South Asia
Tribune with the heading, "Is this a grand plan to rig the October
elections," saying that is envisaged on the basis of the single
identity card, namely the new card prepared by the military regime.
According to the South Asia Tribune, Rabbani said, the October
polls in Pakistan were in serious trouble as the Musharraf
government had failed to provide almost 10 million qualified new
voters their computerized National Identity Cards (NICs) "without
which they cannot vote. If this NIC condition is waived at the last
moment, a new Pandora's Box will open with chances of massive
rigging and manipulation by all sides. Almost 1.2 million records
are missing, 500,000 applications in Sindh were waiting to get
printed which could not be done."
He said the report revealed that eight million applications were
pending which needed to be disposed before the October polls. "This
is an astounding figure which can totally change the complexion of
the elections unless the Election Commission intervenes."
The South Asia Tribune says: "Although it looks an administrative
and management problem, the entire mess smacks of a subtle
political game to take away the voting rights of hundreds of
thousands of voters, a substantial number from Sindh province; who
are likely to support anti-Musharraf parties," the letter said.
The PPP urged the CEC to take notice of this report and "restore
voter confidence by doing away with single identity card which is
in the control of the regime and permitting the multi-identity card
with which challenged identities can be confirmed. Pakistanis have
many identity cards, including passports, driving licenses," the
letter said.
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20020819
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Musharraf reuniting turncoats: PML-N
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 18: Pakistan Muslim League (N) Chief Coordinator
Ahsan Iqbal, for the first time, criticized Jamaat-i-islami chief
Qazi Hussain Ahmed, without naming him, for holding 'hours long'
meeting with President Gen Pervez Musharraf.
In a statement, PML leader said the people were well aware of those
leaders who "speak tirelessly against Gen Musharraf and his
policies when amongst them (people) but readily go and hold hours
long meetings with him whenever a 'whistle' is blown from the
president house."
He said the PML, under the instructions from Mian Nawaz Sharif and
Shahbaz Sharif would be contesting elections from every
constituency to bring sincere and capable party workers forward.
This, he said, was all the more necessary to enforce revolutionary
reforms after coming into power for establishing a system based on
social justice.
He said the October polls would be contested on issues of moral
character and loyalty. He alleged that President Musharraf had
relaunched the factory of 'lotas' (turncoats) where the turncoats
from both the big parties were being brought together. But, he
claimed, they would lose even their securities in the elections as
the people abhor disloyalty and 'lotaism.'
Iqbal said the procedure of ticket allotment to party candidates as
announced by the Election Commission would become a procedure to
deter the alternate candidate from getting the ticket allotment.
Under the new procedure, the candidates would be required to submit
their party tickets along with the nomination forms whereas under
the old procedure the political party was required to issue its
ticket after admission of the nomination papers of a candidate.
Accordingly, the candidate was required to get his party's election
symbol after submitting the party ticket with the returning
officers.
He demanded that the EC should immediately restore the old
procedure of tickets allotment, otherwise, it would be deemed "as a
way of pre-poll rigging."
Iqbal said the people were very keenly viewing the role of
political leaders and they were well aware of those who delivered
speeches against Musharraf but whenever whistle blew they did not
hesitate to hold hours long meeting with him. He said the coming
polls would, in fact, be a referendum against Gen Musharraf's
policies.
The economic policies of Musharraf, he alleged, had turned Pakistan
into a village of poverty where the poor were forced to commit
suicide and the youth were playing in the hands of terrorists due
to grueling unemployment.
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20020818
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Musharraf assures Fahim of fair polls
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 17: President Gen Pervez Musharraf held a one-on-one
meeting with the president of the Pakistan People's Party
Parliamentarians, Makhdoom Amin Fahim.
The meeting, which has created quite a stir in the political
circles, lasted for three-and-a-half hours in a very congenial
atmosphere, the party sources said.
A party press release mentioned only the issues that were raised by
Mr Fahim at the meeting without any reference to the replies given
by President Musharraf or the purpose for which the PPP
Parliamentarians chief was called from Lahore.
The meeting was held as part of the ongoing consultation process
between the government and the political leaders, the official
media said.
Earlier this week the president had held a similar meeting with the
chief of Jamaat-i-Islami, Qazi Hussain Ahmad.
"By rejecting the invitation we do not want to give an impression
that we are spoilers or taking a confrontation course with the
government," a party source said.
President Gen Pervez Musharraf, according to the official media,
reiterated that the elections would be held as scheduled in a
transparent, free and fair manner.
Before accepting the official invitation, Mr Faheem sought
permission of Benazir Bhutto in London, the Parliamentarians
sources said.
Mr Faheem stressed the need for a level-playing field for all
political parties and leaders. He apprised the president of the
concerns that some parties were being openly and tacitly supported
by the government.
The issues of the release of political prisoners and Benazir-
specific absentee laws with retrospective effect and one-sided
application of accountability laws were also raised by Mr Fahim,
who, according to the party sources, made it clear that such steps
were vitiating the atmosphere for a fair and free election.
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20020818
-------------------------------------------------------------------
EC rejects PML(Z) documents
-------------------------------------------------------------------
ISLAMABAD, Aug 17: The Election Commission rejected the papers of
Pakistan Muslim League (Ziaul Haq) on technical grounds and
declared the party ineligible to contest elections. This was
decided by the Election Commission at a meeting on Saturday. Chief
Election Commissioner Irshad Hasan Khan presided over the meeting.
The EC rejected the party's documents on the ground that Ejazul Haq
was a member of PML(QA) and while formulating new party he did not
complete necessary requirements under the PPO 2002. - APP
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20020818
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Benazir firm on contesting polls
-------------------------------------------------------------------
KARACHI, Aug 17: Former prime minister Benazir Bhutto said that she
remains determined to contest Oct 10 elections, despite being
disqualified from running in the polls by President Pervez
Musharraf.
The two-time former prime minister said if she remained barred from
contesting the forthcoming poll, the elections would lack
credibility. "I am sure people will question the credibility of an
electoral process where their chosen representative is excluded,"
she told AFP in an interview from London.
"I hope that I can participate and look toward the people ... of
Pakistan to support the People's Party Parliamentarians (PPP). I
hope to run for premier myself as I am still qualified to contest
and I will file my nomination papers by Aug 24," she said referring
a deadline set by Electoral Commission.
Benazir told AFP earlier this month that she would return to
Pakistan in late August or early September to pursue her bid for
re-election, despite threats that she would be arrested on her
arrival. But she still has to win a legal battle which was
adjourned on Friday until Aug 21 to qualify for participation in
the Oct 10 polls.
She is contesting two laws which have resulted in her
disqualification from the elections, the first since President
Pervez Musharraf seized power in the take-over in October 1999.
Her lawyers are challenging one law introduced last year which
requires defendants to be present in person at trials, and another
introduced this month which bans "absconders" from running for
election.
Under the 2001 law, Benazir was convicted twice this year of
absconding after she failed to return to Pakistan to appear
corruption trials in May and July.
Ms Bhutto, who was dismissed on corruption charges in 1990 and
1996, maintains that the laws are "Bhutto-specific" and has accused
Musharraf of acting to prevent her returning to politics.
"(Now) there is a morally bankrupt and corrupt mafia that has
strangled democracy in Pakistan to rob our citizens of their right
to freedom and human dignity, equal opportunity and progress," she
told AFP on Saturday.
Her legal team have told the court in Karachi that only voters
should be allowed to decide who can and cannot be elected.
"My client has been elected (to parliament) four times, was twice
prime minister and has now been subjected to victimization through
unconstitutional means," lawyer Kamal Azfar said.
Pakistan People's Party (PPP) pulled out of the elections on the
basis of her disqualification and formed a separate wing called the
People's Party Parliamentarians (PPP) to contest the elections
without her.
Party leaders say Benazir would be elected Prime Minister by its
members should the PPP win the election. Meanwhile, the People's
Parliamentarians kick-started its election campaign on Saturday
when over 300 party workers went to collect nomination papers for
Benazir in Larkana, party leaders said.
Veteran party leader, Ashraf Abbasi, was authorized by Benazir to
collect nomination papers for registration as a candidate in
Larkana, her home constituency, Abbasi's son Munawar Abbasi told
AFP by telephone.
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20020820
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LHC rejects plea against Benazir's conviction
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 19: The Rawalpindi bench of the Lahore High Court
refused to entertain a petition challenging the conviction of
former prime minister Benazir Bhutto in absentia in three different
corruption references, including SGS, ARY and assets case, on the
grounds that it was not competently filed.
A division bench, comprising Justice Shabbir Akhtar and Justice
Mian Jehangir, rejected the petition after upholding its office
order that petitioner Sardar Latif Khosa advocate was not competent
to file the petition on behalf of Benazir Bhutto.
In his petition, Latif Khosa has pleaded that his client (Benazir
Bhutto) has been exempted from personal attendance by a competent
court and that he has been directed to appear on her behalf,
therefore, the accountability court should be directed to recall
the orders of declaring Ms Bhutto a proclaimed offender and her
conviction for three years under Section 31A of the National
Accountability Bureau Ordinance for being ab initio void.
The petitioner also stated that the accountability court had
rejected his similar application without proper hearing which was
against the administration of justice and that Ms Bhutto was
condemned unheard.
The petitioner stated that the then Ehtesab Bench of the LHC,
Rawalpindi bench, while hearing the ARY Gold reference during the
Nawaz Sharif government had allowed Benazir Bhutto to leave the
country after exempting her from personal appearance.
Benazir Bhutto has been awarded three years rigorous imprisonment
after being declared proclaimed offender in ARY, SGS and asset case
for her failure to appear in the court.
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20020818
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Benazir's plea to be reheard on 21st
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 17: A constitutional petition of former prime minister
Benazir Bhutto challenging the legality of a criminal case against
her under the Ehtesab Act of 1997 will be reheard on Aug 21.
Because of the delay in the announcement of judgement for more than
a year, the petition has now been directed to be reheard on Aug 21
for which notices have been issued to all the respondents as well
as to law officers of the federal government.
Ms Bhutto had filed a constitutional petition before the Sindh High
Court on October 16, 1997 challenging the legality/propriety of the
criminal cases under the Ehtesab Act of 1997 and her character
assassination through alleged media trial during the government of
now exiled prime minister Nawaz Sharif.
After hearing arguments, a division bench of the SHC, comprising
Justice S. Ahmed Sarwana and Justice Mujeebullah Siddiqui, had
reserved judgement on May 23, 2001.
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20020824
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Asif's petition dismissed
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 23: The Lahore High Court, Rawalpindi Bench, has
dismissed Asif Ali Zardari's petition, seeking a direction for the
accountability court that it should first decide on his application
seeking quashment of the case, before starting final arguments in
the Steel Mills case.
A division bench of the LHC, Rawalpindi Bench, after hearing Abdul
Baseer Qureshi, who argued that the petitioner was employing
delaying tactics, dismissed the petition.
The petitioner had contended that its application under section
265K of CrPC should be decided before starting final arguments in
the Steel Mills reference. Under this provision, the court has
powers to acquit an accused at any stage of the case, if it, after
hearing the prosecutor and the accused it consider the accused had
no chance of being convicted.
The NAB counsel stated that the case of Asif Ali Zardari was in the
final stages and the petitioner was employing delaying tactics to
thwart the decision. He said that evidence of both sides have been
completed and the high court had fixed Aug 27 for the start of
arguments.
Asif Ali Zardari, who behind bars since 1996, is carries no
conviction so far. His conviction in the pre-shipment case in 1999,
was set aside by the supreme court and the matter was remanded to
the competent court.
There are total of 13 cases against Asif Ali Zardari. Six pertain
to his alleged corruption and six others are criminal cases
including four murder cases.
He has been granted bail by court in 12 cases so far, but the
government put up another case against him before his released.
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20020818
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Cases against Benazir, Asif: NAB viewpoint
-------------------------------------------------------------------
ISLAMABAD, Aug 17: A spokesman of the National Accountability
Bureau dispelled the impression created by news reports that the
government was prolonging the accountability cases against former
prime minister Benazir Bhutto and Asif Ali Zardari.
"It is clarified that several cases pending against the former
prime minister and her spouse are being prolonged by them and not
by the NAB," the spokesman said. He said a large number of
adjournments had been obtained by the defence lawyers on one
pretext or the other and cases were not allowed to proceed.
"The accountability courts grant adjournment in their own
discretion by granting requests of defence counsel in order to
provide maximum opportunity to the defence in the interest of
justice," he pointed out.
The spokesman referred to Steel Mills case in which 14 adjournments
were obtained by defence lawyer of Asif Zardari and 22 adjournments
in assets case.
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20020824
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Arguments continue: Meerwala case
-------------------------------------------------------------------
Staff Correspondent
MULTAN, Aug 23: The rape accused cannot be penalized merely on the
statement of a woman (the victim) because this is what God orders.
This was claimed by the defence in the Meerwala gang-rape case
while giving final arguments.
Defence counsel Malik Muhammad Saleem argued that punishment for
Zina in Islam is 'stoning to death' and, therefore, at least four
Tazkiya Alshahud (eyewitnesses) must testify the occurrence. He
said previously the facility of serological test was not available
but now this had become possible with the advancement in technology
to ascertain who was guilty of the rape. But the police did not
bother to get conducted this test in such a high-profile case.
Defending accused Ghulam Farid, juror-rapist, the defence counsel
said he was implicated in the case because Maulvi Abdul Razzaq
(PW11) had an enmity with his father-in-law over the allotment of a
piece of land. He argued that the name of Farid's father was given
in the FIR as Mehmood which, later on, in a supplementary statement
changed as Allah Bakhsh.
He said the complainant should have got registered the case with
due care because it was being reported after a gap of eight days.
He said neither Mukhtaran Mai asked the police to correct the name
of Farid's father at the time of case registration nor her father,
Ghulam Farid, and uncle Sabir Husain pointed at this at the first
instance. While got changing the name of Farid's father in her
supplementary statement, she took an excuse that Sabir pointed out
to her about the mistake at home. Though Sabir Husain (PW13) was
present when the FIR was being written.
He pleaded that Farid was not a relative of Abdul Khaliq, and that
he was a married person with kids. "Why does he destroy his family
life without any justification (by committing rape)." The other
accused, Allah Ditta, was the elder brother of Khaliq. He was also
a father of four. The defence counsel questioned that how could a
person commit rape in a house where he lived with his children. He
claimed that brothers could not commit rape in each other's
presence.
He demanded that the statement of the victim in this regard should
not be accepted as true in the light of a Supreme Court ruling
(SGMR, 1989, Page No. 1851) that brothers could not join hands in
Zina Biljabar.
The counsel said Islam has a 'golden principle' that there is no
harm in acquitting 10 accused guilty of a crime in order to save
one innocent.
In defence of chief juror Faiz Muhammad Mastoi, the counsel
referred to the FIR which revealed that except Khaliq, Farid and
Ramzan Pachaar all the participants of the gathering, including
Faiz Muhammad, opposed the idea of 'rape for a rape'. When Khaliq
clutched Mukhtaran Mai, Faiz asked him to pardon Ghulam Farid as
his daughter had come to beg mercy.
He alleged that while deposing before the court she improved her
statement by terming Faiz's role as 'Siasi and Duniavi' only to
implicate him. Among the PWs, only Sabir Husain had claimed that
Faiz Muhammad shouted when Mukhtaran Mai came before the panchayat:
"Take her and subject to rape".
The defence counsel pleaded that according to the FIR, there were
four eyewitnesses - Ghulam Farid, Sabir Husain, Ghulam Nabi and
Altaf. He said the prosecution had given up Farid and Ghulam Nabi
as the witnesses presented before the court.
He said Altaf was an eyewitness but his statement had not been
recorded under Section 164 CrPC "because, in fact, he was not
present at the time of occurrence." While about Sabir, the victim
herself had stated that he was not present in the house of Khaliq
where she was raped. He said while Ghulam Nabi in his statement to
police had denied that he was there at the time of the crime.
"Hence, there is only a solitary statement of the victim which
support her claim," the counsel stressed.
During his incomplete arguments on Friday, the defence counsel on a
number of occasions cited that the police and doctors (who carried
out medical examination of the victim and the accused) were under
the immense government pressure to give 'positive reports' because
the case had been highlighted here and abroad.
The defence had yet to complete his arguments when the judge
adjourned the proceedings for Saturday.
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20020823
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Defence raises qualms about case registration: Meerwala case
-------------------------------------------------------------------
By A Correspondent
MULTAN, Aug 22: The defence in the Meerwala gang-rape case, under
trial at Dera Ghazi Khan anti-terrorism court, raised question on
the circumstances under which the incident was reported to the
police.
Defence lawyer Malik Muhammad Saleem broached his arguments as the
trial entered the decisive stage after the completion of the
statements of both prosecution and defence witnesses on Wednesday.
The defence counsel pleaded that in the first place it was doubtful
whether complainant Mukhtaran Mai's statement which was recorded at
Jhugiwala had reached the police station. The victim had deposed
that on June 30 last she and others came across the Jatoi police
station in-charge Nazeer Ahmad Babbar at Jhugiwala Chowk when they
(complainants) were on their way to the police station to lodge the
FIR.
The counsel said the prosecution witnesses had given different
score in their respective statements recorded under section 164
CrPC regarding the time and space of the registration of the FIR.
He quoted Maulvi Abdul Razzaq (PW11) as stating that the victim's
statement was recorded on June 29 while Mukhtaran Mai (PW14) stated
that she lodged the FIR on June 30. He said the witnesses of the
registration of FIR kept reshuffling with the very next statement
of her and others. He said, therefore, there were gross
inconsistencies as to when, where, how and under whose presence the
FIR was lodged.
Exploiting the eight-day delay in the registration of the case from
the date of occurrence, the defence counsel said everything like
fabrication, substitution, deliberations and after thought were
possible in a delayed FIR.
He said the delay was not as vital in a case where the accused was
only one as it could prove 'fatal' in the case having more than one
accused. He pleaded that the delay in the registration of FIR in
this case was significant in the backdrop of strained relations
between the complainants and the accused due to Shakoor-Salma
episode. He also pointed out that the FIR contained left thumb mark
of the victim instead of right which was legally necessary.
He said the Anti-Terrorism Act made the report of an intelligence
agency mandatory regarding the under-trial case but in the Meerwala
case, there was no mention of any intelligence agency's report in
the statement under section 173 CrPC. He said the intelligence
agencies were subjected to cross-examination, if their reports had
to be relied upon.
While bringing into question the conduct of various PWs, he said
eyewitnesses to the incident, Altaf and Maulvi Razzaq, were real
brothers who lived in the same house but the former did not inform
the latter about what had happened after his (Maulvi Razzaq's)
departure from the Panchayat. He said it was unnatural that Razzaq
did not bother to know the fate of Gujjars (the victim family) whom
he represented in the Panchayat.
He said even the eyewitnesses to the incident, Altaf and Ghulam
Nabi, did not inform the police about the gang-rape, though, they
later appeared before the court as PWs.
The defence counsel also questioned the conduct of Jatoi police
officials who went several times to the Meerwala after the
incident. But they claimed no one had informed them about the gang-
rape incident, the counsel said.
He said Khalil and seven others, challenged for being the part of
strong Mastoi gathering that enforced the Panchayat's verdict of
the gang-rape, had not been named in the FIR while the police had
also placed them in the column two of their challan documents. He
said none of the PWs, except Mukhtaran Mai, had given statement
against them. "Only the woman (Mukhtaran) had named them," he
stressed.
He alleged the police had arrested the 'innocent' people to appease
the media and the government. He cited the instance of rape accused
Fayyaz Husain who he said had been substituted instead of the
actual accused.
The defence counsel said the PW11, Maulvi Razzaq, had not even once
mentioned the word 'zina' (rape) in his statements and instead he
used the word 'ziadti' (excesses and abuses). He claimed he did not
use the word 'zina' deliberately as he was afraid of 'kazzaf'
(punishment of telling a lie).
The defence counsel was on legs when the court adjourned
proceedings of the case for Friday (today).
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20020822
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Meerwala: defence starts arguments today
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By A Correspondent
MULTAN, Aug 21: Counsel of the accused in the Meerwala gang-rape
case, under-trial at the Dera Ghazi Khan anti-terrorism court,
closed defence on Wednesday. Both defence and the prosecution had
submitted a number of documents to the court to make those a part
of the court file. Those were mainly newspapers relating to the
incident.
The defence is likely to start its arguments from Thursday (today)
and will take two days to finish the task. Then the prosecution
will offer its arguments. It was the 20th day of the in-camera
trial of the Meerwala case.
The Supreme Court of Pakistan had taken suo motu notice of the
incident and had given three weeks to the trial court to decide the
case on July 18 during the hearing of the notice.
Earlier, when the court resumed proceedings of the case, the
defence counsels requested the court to give up inspector Riaz and
head constable Mukhtar Ahmad as the defence witnesses. The two
officials were present in the court for being summoned on the
application of defence.
Subsequently, the defence counsels started re-examination of the
statements of Mukhtaran Mai, her uncle Sabir Husain and Maulvi
Abdul Razzaq for the alleged statements they recorded to Dera Ghazi
Khan range crimes SP Mirza Abbas for a departmental inquiry to
point out lapses on the part of Jatoi police. All the three
recalled PWs were present in the court.
During their separate cross-examination on Wednesday, they said the
police had got signed blank papers from them.
Mukhtaran Mai (PW14) said when Inspector Riaz read out her
statement before the SP, she objected and made it clear that this
was not her statement. To the defence queries, she confronted with
the details of the incident recorded by inspector Riaz, saying that
this was not her statement.
It may be added here that when SP Mirza Abbas was in Meerwala in
connection with the departmental inquiry, Mukhtaran Mai and her
father Ghulam Farid had addressed a press conference at the Jatoi
Press Club and alleged that the police were forcing them to give
certain statements which they did not want to own as truth.
When Maulvi Razzaq (PW11) was brought in the witness box, he said
he would first examine the statement attributed to him by the
police. He took some time to read the statement which he disowned.
He said the police had obtained his signatures on blank papers
forcibly. However, he partially owned the contents of the
statement.
Reappearing before the court, Sabir Husain (PW13) also disowned the
contents of his alleged statement during the cross-examination. He
confronted most of the defence queries extracted from his alleged
statement which was the part of departmental police probe in the
incident.
The court adjourned proceedings of the case for Thursday (today).
Later, talking to journalists, Mukhtaran Mai ruled out possibility
of any patch-up with the accused. She said if this would have been
the case, then why did she knock the door of court to get justice.
She hoped the court would give exemplary punishment to the culprits
so that no one in future could dare to repeat it.
Answering a question, she said the police got signed blank papers
from them assuring that this inquiry (the departmental probe) had
nothing to do with the case. She said the police authorities had
also assured them that their statements would not be presented at
any legal forum. "Under this assurance we signed blank papers to
police," she claimed.
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20020821
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Meerwala: ATC accepts plea for re-examination of PWs
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By A Correspondent
MULTAN, Aug 20: The Dera Ghazi Khan anti-terrorism court has
accepted the plea of defence in the Meerwala gang-rape case for re-
examination of three prosecution witnesses, including Mukhtaran
Mai.
ATC judge Malik Zulfiqar Ali summoned Mukhtaran Mai, her maternal
uncle, Sabir Husain, and Maulvi Abdul Razzaq to face further cross-
examination of the defence.
The defence had earlier grilled all the three PWs for several days.
Answering 'crooked' questioning by the defence, the gang-rape
victim had burst into tears during the cross-examination of her
statement which she deposed before the court on Aug 3 last.
The court also summoned inspector Riaz, who had recorded statements
of complainants for Dera SP crimes Mirza Abbas, and head-constable
Mukhtar Husain, the reader of the SP, for the next date of hearing.
Earlier, when the ATC resumed trial of the case, SP
(investigations) Nabi Bakhsh Luk informed the court that the
misplaced evidentiary record of the case had been recovered. At
this, the defence sought examination of the police inquiry file in
order to ascertain whether the statements of the complainants
attached with were genuine. The prosecution objected to the defence
move, saying this would open an infinite series of witnesses in the
case which would ultimately cause a delay to the justice. Moreover,
the police inquiry file was mainly related to the departmental
inquiry against ASI Iqbal.
But the defence pleaded that inspection of the police record was
vital owing to the importance of the case as this would reveal the
circumstances of the incident. The court granted permission to the
defence to examine the file. The defence counsel examined the file
for half-an-hour.
Later, the defence urged the court to exhibit the statements of the
complainants with the court record. The judge directed to make
statements of Mukhtaran Mai, her father Ghulam Farid, uncle Sabir
Husain and Maulvi Razzaq recorded by the police part of the court
file.
After this, SP Mirza Abbas was brought into the witness box as a
defence witness. He said the complainants had not owned their
statements recorded to inspector Riaz. He said he had also given a
note that the complainants had objected to their statements on July
5. He said he had recorded statements of all the witnesses from the
complainants' side except Mukhtaran Mai, Ghulam Farid and Maulvi
Razzaq.
Here the defence filed an application with the court to declare SP
Abbas dissident so that the defence could also cross-examine him.
Prosecution objected and the court directed it to give arguments.
After a discussion, the court allowed defence to cross-examine the
SP. Replying to the defence queries, Mirza Abbas admitted that he
was given the task to find facts of the Meerwala incident. He said
he was entrusted with a task to point out police inefficiency,
corruption and irresponsibility in the delay of the registration of
a case and subsequent action.
He admitted the importance of the statements of Mukhtaran Mai,
Ghulam Farid, Sabir and Maulvi Razzaq in the police inquiry. He
denied that he recorded statements of all the complainants at his
own, and now he was taking a stance that he had not recorded
statements of Mukhtaran Mai, Farid and Razzaq on the recommendation
of the public prosecutor.
He said representatives of national and international media had
thronged Jatoi on July 5 when he was there to record statements.
The mediamen surrounded him to get answers of their queries
regarding the incident. In the meantime, inspector Riaz recorded
the statements of Mukhtaran Mai and two others, he said.
He said when he read out the statements of complainants, Mukhtaran,
Farid and Razzaq uttered that inspector Riaz had not recorded their
statements correctly.
The court adjourned proceedings of the case for Wednesday.
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20020820
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Evidentiary record misplaced, ATC told: Meerwala gang-rape case
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Staff Correspondent
MULTAN, Aug 19: Some officials of the Dera Ghazi Khan DIG's office
have misplaced the evidentiary record in the Meerwala gang-rape
case from the police file. This was told to the anti-terrorism
court by SP crimes Mirza Muhammad Abbas on Monday while deposing as
defence witness. He said Dera DIG Asif Nawaz had ordered a probe
into the matter and fixed responsibility on the negligent staff.
The SP crimes was summoned by the court on Saturday last on the
request of defence counsel Malik Saleem to bring with him the
police file of the case.
He said he was appointed by the Dera DIG to hold a probe on July 3,
2002, after the publication of news items regarding corruption,
negligence and malpractice of the Jatoi police in the investigation
of the gang-rape case. He said he visited the Muzaffargrh DSP's
office on July 4 and recorded statements of Abdul Shakoor (the
sodomy victim), Salma Mai, her mother Taj Mai, inspector Nazir
Ahmad and ASI Iqbal on July 5. Statements of Ghulam Husain, Sabir
Husain, Manzoor Husain and Ghulam Mustafa were recorded in his
presence at the office of the Jatoi SDPO. But the statements of
Mukhtaran Mai, her father Ghulam Farid and Maulvi Abdul Razzaq were
recorded in his absence by inspector Riaz Husain through his
reader. He said all the statements were verified by him.
The defence witness said when Mukhtaran Mai, Ghulam Farid and
Maulvi Razzaq were called to verify their respective statements,
they stated that the statements recorded by the inquiry officer
were correct while those recorded by inspector Riaz had variations.
Here defence counsel Malik Saleem, Yaqoob Khan and Yasser Khosa
requested the witness to produce the original statements of
Mukhtaran Mai, Ghulam Farid and Maulvi Razzaq which were verified
by him. The SP expressed his inability to do so saying some
officials had misplaced the police record. At this, the defence
counsel alleged that the statements were verified by the witnesses
(Mukhtaran Mai and others) and the police were deliberately hiding
them. Hearing this, the court directed the SP to bring the police
file, including the statements of Mukhtaran Mai, Ghulam Farid and
Maulvi Razzaq within an hour whether it (record) was in his
possession or any other official, including the DIG.
The SP crime informed the court after the stipulated time that he
had brought the matter to the knowledge of the Dera DIG who had
appointed SP (investigations) Nabi Bakhsh Luk to probe the matter.
While adjourning the proceedings of the case for Tuesday, judge
Malik Zulfiqar Ali summoned SP crime Mirza Abbas, SP (I) Nabi
Bakhsh and the personal assistant to the DIG for the next date of
hearing.
Earlier, the prosecution resumed the cross-examination of DW5
Ghulam Husain, the maternal uncle of accused Abdul Khaliq and a
witness of the 'nikah' of the latter with Mukhtaran Mai.
To a prosecution query, the DW5 denied that the other witness,
Fayyaz Husain, of the 'nikah' was being deliberately made away with
in order to spoil the prosecution arguments. At this point, the
public prosecutor postponed further cross-examination of the DW5
until the production of Fayyaz Husain before the court. On the
other hand, the defence gave up Fayyaz as its witness for his being
unavailable. However, the judge posed some court questions to the
DW5. Replying to the court queries, he said Abdul Khaliq pressed
for instant nikah with Mukhtaran Mai because he had no confidence
in the Gujjars (the victim's family).
He said Khaliq insisted for the registration of nikah, but Maulvi
Razzaq refused to do so. He said he did not know whether Maulvi
Razzaq was the nikah registrar of the area.
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20020818
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Defence wants rape victim re-examined
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Staff Correspondent
MULTAN, Aug 17: The defence in Meerwala case sought re-examination
of Mukhtaran Mai, the gang-rape victim, and Maulvi Razzaq besides
summoning Dera range crime SP Mirza Abbas to appear as defence
witness.
The Dera Ghazi Khan anti-terrorism court summoned the SP for Monday
while decision on the re-examination of Mukhtaran Mai and Razzaq
was kept pending.
Earlier, defence witness (DW5) Ghulam Husain Mastoi told the court
during the in-camera trial on Saturday that the Mastois were Baloch
of 'low status' as they did not kill their women caught red-handed
with their paramours. Hussain is the maternal uncle of accused
Abdul Khaliq.
The defence in the Meerwala case presented Ghulam Husain as a
witness of the alleged 'nikah' of Mukhtaran Mai, the gang-rape
victim, with accused Abdul Khaliq.
Recording his statement, the DW5 claimed that on June 22 last, at
mid-night, his nephew Abdul Khaliq came to him in Rampur village
and said that he had caught red-handed his sister Salma and Abdul
Shakoor Tatla while they were committing 'zina' in a sugar cane
field.
He said Khaliq further informed him that Abdul Shakoor had been
taken by Jatoi police while Maulvi Abdul Razzaq and others were
pressing for a settlement on the basis of exchange marriages. The
proposal was to give hand of Shakoor's sister Mukhtaran Mai to
Abdul Khaliq and of Salma to Shakoor.
The DW5 said Khaliq told him that he had insisted on solemnizing
his nikah with Mukhtaran Mai instantly and that Maulvi Razzaq and
others had agreed to do so. He said Khaliq wanted him to become a
witness of his nikah.
He said when he reached at Khaliq's house, Mukhtaran Mai and others
were present there. He said Maulvi Razzaq performed the nikah of
Khaliq with Mukhtaran in his (DW5) and Fayyaz Husain's presence. He
said thereafter the Tatlas demanded that now Shakoor be brought
back from the police station. He said Maulvi Razzaq asked him to
come back again on the morning on June 23 when nikah of Shakoor
would be performed with Salma.
Ghulam Husain said the next morning (when he returned to Meerwala)
he found Gujjars and Maulvi Razzaq involved in hot talks with Abdul
Khaliq. He said the Gujjars were demanding hand of another girl
from the Mastois on account of the sodomy committed to Shakoor
while Khaliq was arguing that he would not marry his sister Salma
to Shakoor because the Gujjars had accused his brother Punnu of
sodomy.
The DW5 claimed that at this Maulvi Razzaq threatened with taking
legal action against the Mastois besides denouncing the nikah of
Khaliq and Mukhtaran. While on June 27 last the nikah of Salma was
solemnized with Khaleel in a simple ceremony. It may be added here
that Khaleel is among the eight arrested accused in the Meerwala
case who are accused of being the part of strong Mastoi assembly
that enforced the panchayat verdict of "a rape for a rape".
During the cross-examination by the prosecution lawyers Ramzan
Khalid Joiya and Iftikhar Arif, the DW5 admitted that the sodomy
accused Jamil was his son. He said Maulvi Razzaq had threatened him
with dire consequences if he (DW5) deposed against the complainants
in the Meerwala case.
He said however no report was lodged with the police regarding the
threats hurled by Razzaq. He agreed that usually the bridegroom
went to the bride's house on the marriage day. Here he volunteered
that since Shakoor was confined at the Jatoi police station
'facing' a Hudood case, therefore, Mukhtaran Mai was taken to
Khaliq's house under duress. He admitted that no case was
registered against Shakoor because of the compromise.
Here the prosecution lawyers urged the court to refrain the defence
counsel, Malik Saleem, from interfering in the cross-examination
time and again.
To a prosecution query, he said Mastois were 'shodhey' (Mean)
Baloch who were not like Khosas, Shakranis and Jandanis who killed
their daughters and their paramours on seeing them in an
objectionable condition. The court will resume the trial on Monday.
Earlier, Jatoi police station incharge inspector Abdul Lateef
Chandia informed the court about police his failure to serve
warrants on Fayyaz Husain, who had been named by the defence as the
other witness of the Khaliq-Mukhtaran nikah.
He further told the court that summons could not be served on
Mureed Abbas, correspondent of a local Urdu daily based at Jatoi,
because he had left for Murree. The court again issued the warrants
of both Fayyaz and Mureed for Aug 19.
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20020820
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Rape victim won't face punishment, rules Shariat Court
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By Rafaqat Ali
ISLAMABAD, Aug 19: The Federal Shariat Court has ruled that if a
woman is coerced into committing Zina, she shall not be liable to
any punishment under Hadd or Tazir. The court, however, said the
other party who causes coercion shall be liable to punishment
either of Hadd or of Tazir on the basis of evidence as the case
might be.
A three-judge bench in its landmark judgment on the appeal of
Zafran Bibi, a woman from Kohat who had been awarded punishment of
stoning to death by a Sessions Court of Kohat, has laid down the
rule that no woman could be punished mere for the fact that she was
part of the act, though forcibly.
The FSC, which had ordered the release of Zafran Bibi through a
short order on June 6, 2002, released the detailed judgment on
Monday.
"The sentence of Hadd is highly severe and deterrent. Therefore,
every pre-caution is ordained to be adopted so that no innocent
person gets punished," the FSC ruled.
The court pointed out that a number of incidents had been reported
during the period of holy Prophet (peace be upon him) and in the
period of Caliphs that the women who were coerced into committing
Zina, were acquitted but the co-accused were convicted and
sentenced.
The court also ruled that in case of pregnancy of a woman, either
unmarried or in case of being married, having no access to her
husband, conceived but pleads that it was the result of commission
of rape on her, she could not be awarded punishment of Hadd.
Justice Dr Fida Mohammad Khan, writing for the bench, stated that
the eminent jurists like Hanafis and Shafaees held the view that if
a woman was subjected to rape, she was not liable to conviction
under Hadd. It was further pointed out that Imam Shafaee had also
approved the above-stated position but with the condition that the
burden of proving her lack of consent by raising alarm or making
complaint, shifted to her.
The court ruled that mere pregnancy, in the absence of other
evidence to show that it was the result of Zina, was no ground for
the imposition of Hadd punishment if she came out with the defence
that the pregnancy was the result of the commission of a rape.
"This view finds full support from an incident that was reported to
the Holy Prophet (peace be upon him) that a woman was raped but the
holy Prophet acquitted her of the charge punishable with Hadd," the
court said.
The FSC, established during the period of Gen Ziaul Haq, quoted two
Ahadees of the holy Prophet whose English translation is as under:
a) "Avoid enforcing Hudood as much as you can."
b) "Keep Hudood away from Muslims as much as possible. If there is
any way to spare people from punishment let them go. For it is much
better that an Imam (judge) should) err in acquitting someone
rather than he should err in punishing someone (who is not guilty)"
- Tirmidhi.
The FSC bench, comprising Chief Justice Fazal Ellahi Khan, Justice
Dr Fida Mohammad Khan and Justice Ijaz Yousaf, said that Zafran
Bibi's case was an unfortunate one, which received much publicity
in the national and international press.
The court held: "On account of disinformation, misunderstanding,
lack of knowledge of the facts and circumstances of the case, some
organizations resorted to take out processions and demanded repeal
of the Hudood laws, without realising that it was not the laws of
Hudood (sentences prescribed by holy Quran and Sunnah) but its
misapplication that resulted in miscarriage of justice."
The court held these time-tested Hudood laws mainly aimed at
preservation and protection of life, honour and property of the
citizens of an Islamic State and dispensation of justice without
any discrimination. It added that like other laws, the prosecution
or other components of law-enforcement machinery might err in their
application in respect of various facts and circumstances.
"However, the ideal nature of these laws in ensuring maintenance of
public law and order besides other deterrent and reformative
aspects, is admittedly far superior to the man-made laws on account
of its highly-balanced approach to individual and public interest."
The court stated that some misinformed or disinformed individuals,
while looking at the severity and gravity of some of the
punishments, raised objections. "Such individuals fail to
appreciate the strict standard of evidence required to prove the
offences," the court observed.
The court said that the depth and wisdom of Hudood laws, was
unfathomable.
"One can only well realize the far-reaching effects of the wisdom
contained in these laws if one could only visualize oneself
stepping in the shoes of the aggrieved individuals and families
subjected to the heinous offences."
The court quoted Sheikh Saddi, saying that "showing mercy to a
wolf, in fact, amounts to inflicting cruelty on the sheep."
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20020822
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Four Harkat men indicted in car bomb case
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Staff Reporter
KARACHI, Aug 21: Three leaders of the Harkatul Mujahideen Al-Aalmi
denied on Wednesday their involvement in the June 14 car bomb
explosion here at the US consulate when an anti-terrorism court
formally indicted them in the case.
The self-styled chief of his own faction of the Al-Aalmi of the
banned organization, Mohammed Imran, his deputy, Mohammed Ashraf,
and finance secretary, Mohammed Hanif, pleaded "not guilty" and
preferred to be tried in the case as Judge Aley Maqbool Rizvi of
the ATC-1 read out the charges to them.
The three accused were charged with involvement in the US consulate
carbomb blast that killed seven men and five women and injured 43
others. They are facing the charges under sections 302, 324,427 and
109 of PPC, section 3/4 of the Explosives Act and section 7-B of
the Anti-terrorism Act.
The judge, who is holding the trial of the case inside the Central
Prison, Karachi, put off the proceeding of the case to Saturday and
ordered the prosecution to produce its witnesses in the court.
The Civil Lines police cited as many as 50 prosecution witnesses in
the case.
The three Al-Aalmi leaders and Inspector Waseem Akhtar of the
rangers were not indicted in the case pertaining to the attempt on
the life of President Gen Pervez Musharraf.
Sources close to the prosecution said the four accused would be
indicted after the carbomb blast case concluded.
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20020824
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CPNE urges govt to promulgate legislation
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KARACHI, Aug 23: The standing committee of the Council of Pakistan
Newspaper Editors at its meeting urged the federal government to
promulgate without any further delay the agreed legislation on
newspapers and periodicals since the absence of this legislation
was creating tremendous difficulties for member publications even
in their day-to-day work.
The committee meeting presided over by Mujibur Rehman Shami
considered the matter at length. The meeting also considered the
draft legislation on Freedom of Information and the draft
legislation on Defamation. The various amendments suggested in the
two proposed ordinances were also discussed. It was felt that the
CPNE should give its reply to the federal ministries on the two
draft legislations at the earliest. It was decided to constitute a
seven-member committee which will take up the two legislations,
consider the amendments received and finalize its stand on the two
legislations within a week.
The meeting was then briefed on the tripartite meeting held between
the CPNE delegation and the ministers of information and religions
affairs earlier this month in Islamabad where the subject of
avoiding obscenity in the print media and upholding the dignity of
women in the pictorial coverage were discussed and agreement
reached on ensuring proper observance of the CPNE Code of Ethics by
newspapers and periodicals.
The meeting decided that the Code of Ethics should be printed and
circulated.
BUSINESS & ECONOMY
20020822
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$10m loan accord with WB signed
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Staff Reporter
ISLAMABAD, Aug 21: The government and the World Bank signed $10.08
million accord for the Global Environment Facility Trust Fund Grant
Agreement - Protected Areas management project.
To implement this project, Global Environment Facility will provide
a grant support of $10.08m, involving no liability on the part of
the government.
The project reflects government's commitment to protect country's
environment and it's continued efforts to protect ecology, bio-
diversity and wild habitats, which form a major national asset. It
aims to assist the government in achieving sustainable conservation
of globally and nationally significant habitats and species through
a series of integrated activities aimed at engaging custodial
communities in the management of protected areas.
The project area comprises Chitral Gol national park (NWFP), the
Hingol National park (Balochistan) and Machiara national Park
(AJ&K). The main components of the project are:
Protected area bio-diversity conversation management,
sustainability of park management, human resource development,
project coordination and monitoring.
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20020824
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US refixes $3bn debt repayment dates
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By Ihtasham ul Haque
ISLAMABAD, Aug 23: The United States rescheduled its $3 billion
debt to Pakistan. A bilateral agreement to this effect was signed
by the US Ambassador to Pakistan Ms Nancy Powel and Secretary
Economic Affairs Division (EAD) Dr Waqar Masood Khan.
Of the total $3 billion debt rescheduling, $2.3 billion are
official development assistance and will be repayable over a period
of 38 years and $700 million non-official development assistance to
be repayable over a period of 23 years.
Speaking on the occasion, the US ambassador said Washington agreed
to provide this relief because of strong economic reforms program
that the present government has put in place. She expressed the
hope that the recent economic recovery and the debt relief will add
to the strength of Pakistan economy.
She said the United States in November last year provided a cash
assistance of $600 million to Pakistan for budgetary support.
Ms Nancy Powel referred to the reopening of USAID office in
Pakistan and said they will r