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DAWN WIRE SERVICE
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Week Ending : 31 August 2002 Issue : 08/35
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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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Extracts, not exceeding 50 lines, can be used provided that this
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(c) Pakistan Herald Publications (Pvt.) Ltd., Pakistan - 2002
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CONTENTS
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NATIONAL NEWS
+ Dual nationality
+ Pakistan has evidence of air attack, says ISPR chief
+ No intention to grab power, says Musharraf
+ Parliament can impeach president, says Ranjha
+ Beg sees president, parliament clash
+ Pakistan rules out US troop operation
+ Tribal people warn against US hunt for Al Qaeda men
+ October polls will be a farce: PPP
+ It's govt game, says Benazir
+ Benazir's papers rejected
+ Hearing of Benazir's petition put off
+ State counsel opposes Benazir's petition
+ CEC urged to take notice of rules violation
+ UGC okays Benazir degree
+ No move for Benazir's extradition: Britain
+ PPP complains of pre-poll rigging
+ Scrutiny of Nawaz, Kulsoom's papers deferred
+ Sharifs' banishment challenged
+ Papers of Nawaz, Kulsoom cleared
+ PML-N to contest all seats: Nawaz
+ Shahbaz also cleared for PP-142
+ Ban on political activities to go on Sept 1
+ Warrants for Benazir sent to all provinces
+ Govt-Sharifs pact 'be made public'
+ Shahbaz cleared for PP-141
+ Papers filed for Nawaz, family members
+ LFO aims to perpetuate dictatorship, says PPP
+ Govt backing 'king's party', says PPP
+ Imran to contest from Swat
+ NAB inquiry against former ETPB chief put off
+ NAB chief denies action against certain politicians
+ Ms Bhutto 'qualified' to contest polls
+ Musharraf has enslaved Pakistan, says Benazir
+ 182 papers filed for NA seats in Balochistan
+ 80 file papers for NA, PA seats in Peshawar
+ Non-Muslims not barred from becoming judges: SHC
+ Agosta launched; ship deal on cards
+ Benazir's media trial plea disposed of
+ Zardari to be shifted to 2nd floor of Pims
+ SC rejects Wattoo's poll plea
+ Mansur's petition hearing on 28th
+ Meerwala case verdict on 27th
+ PIA to buy 10 aircraft
+ Masood Azhar's remand extended
+ Order on Zardari's release plea reserved
+ New rules for US student visa
+ Writ filed in LHC to exhume Masih's body
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BUSINESS & ECONOMY
+ IMF calls for PIA privatisation
+ Asian Bank to provide $2.4 billion
+ Fresh bidding for UBL on Monday
+ Decision on UBL deal within two weeks
+ Sale of govt shares in POF okayed
+ WorldCom up-to-date in PTCL dues
+ Stocks gain 24 points on speculative buying in PTCL, Hubco
+ Dividend-driven support adds Rs20bn to market capitalization
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EDITORIALS & FEATURES
+ We never learn from history-5 Ardeshir Cowasjee
+ An election alliance to beat all others Ayaz Amir
+ A war America's allies oppose Eric S. Margolis
+ Sticking to Plan A Irfan Husain
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SPORTS
+ Waqar's gutless men suffer worst defeat
+ Pakistan struggle to defeat Kenya
+ PTF has no intention of slapping ban on Aisam
+ Youhana sent home from Kenya
+ Jansher gets offer from Holland
+ Jansher to get wild card
+ Waqar hopes contract issue will be resolved
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NATIONAL NEWS
20020831
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Dual nationality
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Staff Reporter
ISLAMABAD, Aug 30: The government has announced that all Pakistanis
who are now citizens of the United States shall have dual
nationality, a press release of the Ministry of Interior says.
The government has realized the difficulties and sense of
deprivation among the Pakistanis who had acquired the American
citizenship and in due course lost the Pakistani citizenship by
virtue of the Pakistan Citizenship Act.
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20020827
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Pakistan has evidence of air attack, says ISPR chief
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Staff Reporter
ISLAMABAD, Aug 26: The government told US Deputy Secretary of State
Richard Armitage during his visit that the Indian air strikes on a
Pakistani military post along the Line of Control last week were
verifiable, informed sources said.
ISPR Director-General Maj-Gen Rashid Qureshi told Dawn "We have
evidence, and we are trying to get over it." He also indicated that
Pakistan would soon unveil 'convincing evidence', but avoided
giving specifics about it.
Sources attending talks with Mr Armitage said he had inquired about
the attack during parleys with the officials here. He was on his
way to New Delhi at the time of air strike. "He did not seem too
clear or sure about it; he wanted to know more from us, so he was
briefed by Foreign Affairs Minister Inamul Haq," said an official
who attended the meeting.
Another source privy to the talks said it transpired during the
discussions with Mr Armitage that there was a lot of confusion in
the Indian official circles on the question of attack that Pakistan
had claimed to have had repulsed.
The sources said Mr Armitage taking serious note of the incident
had described the unprovoked air attack as 'irresponsible
escalation'.
While the Indians continued to officially deny their escalatory
move, they told Mr Armitage at the ministerial-level that something
had happened at the LoC, Dawn learnt through well-placed diplomatic
sources in Islamabad.
Gen Rashid Qureshi announced at a Press Conference on Friday that
India had suffered heavy casualties after it had launched an
unprovoked air attack on a Pakistani post in Gultari. India
dismissed the claim by Pakistan as an 'outright lie'.
Interestingly, Star News and another Indian TV channel initially
had quoted some defence sources as privately conceding that
something had happened in which air power had been used. But later
they aired the Indian spokesman version.
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20020830
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No intention to grab power, says Musharraf
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ISLAMABAD, Aug 29: President Pervez Musharraf has said that the
recent constitutional changes were not aimed at strengthening his
position ahead of the general election in October. "This is a total
misperception of whatever I am trying to do," he said in an
interview with the BBC.
"I know the politicians say that, and the media, but nothing could
be further from the truth."
The president also admitted Al Qaeda activists were operating in
Pakistan.
"To a degree it causes anxiety because they (Al Qaeda) are coming
into the cities... that is bad because they carry out
destabilisation so yes, this is a worrisome act. "But I don't think
it's widespread. I think they are more on the borders if at all
they are there."
He added: "I can't specify the involvement in the terrorist acts.
There is no surety as yet - there are some indications that maybe
there was some foreign element involved ... but this is more our
own extremists, I think."
EX-PREMIERS: To a question about former prime ministers, Gen
Musharraf said no "sane" person would want either of the former
prime ministers Nawaz Sharif and Benazir Bhutto back in power. Both
are barred from another term in office under new electoral rules.
"This nation has had these two for 11 years ... why should any sane
person, why should one allow them to participate in this election?
"Should we take a chance that they should come back and again one
of them become the prime minister?"
He defended the National Security Council, and denied he was trying
to grab more power. "If I was to take power for myself, as a
person, I would not make the National Security Council," he said.
"I would just remove the 13th amendment and I would have the power
to dismiss the assembly. "Why would I want 12 people to sit with me
and decide that?"
Musharraf said the changes to the structure of government were
forward-looking improvements. "This was futuristic because I am not
a permanent feature of this country," he said. "Somebody else is
going to become President some time in future who may be an
impulsive man, over-reacting when things are not going wrong. So it
was an endeavour to address such issues keeping in mind the
environment in Pakistan that these amendments were evolved, he
said.
He said: "Democracy does not have a set formula. The democracy in
Britain's way is not received here. We need to adopt it to our own
environment."
KASHMIR ISSUE: Responding to a question on Kashmir, he said: "I
have said that nothing is happening across the Line of Control" But
of course one could imagine that unless there is some progress or
movement on Kashmir, some response, some reciprocation from the
Indian side, how can one know that there is a lot of sympathy for
Kashmiris here, lot of international support for Kashmiris, the
president said.
ATTACK ON IRAQ OPPOSED: President Gen Pervez Musharraf warned the
United States that it risked fresh turmoil in the Islamic world if
it attacked Iraq. "This would have very negative repercussions
around the Islamic world," Musharraf said.
"It is already dangerous that all political disputes at the moment
all around the world are unfortunately involving Muslims," he said.
"Muslims are feeling that they are on the receiving end everywhere.
So there is a feeling of alienation in the Muslim world and I think
this will lead to further alienation."
"We are on their side," Musharraf said of Washington. "But that
does not mean we can start participating in activities all around
the world. Let's deal with whatever is happening around our
country."
He predicted greater Islamic militancy in Pakistan if Iraq came
under fire.
The President said invading Iraq would increase support for Osama
and trigger a huge increase in anti-American sentiment. He said the
region had enough on its hands already, and could not afford to get
involved in anything else.
OSAMA: Musharraf said he did not know the fate of Osama bin Laden
and added his best guess was that Osama was dead but that either
way he would expect to know if he was hiding on the Pakistan side
of its border with Afghanistan. "Most likely he's dead," he said.
"Most likely. It's a guess. I can't say." He said Osama was
definitely not in Pakistan.
"The Al Qaeda leader's large contingent of bodyguards and the price
on his head would certainly have led to the alarm being raised as
soon as he crossed the border," Gen Musharraf said.
He said Al Qaeda itself had been dealt a mortal blow. "I don't
think they can develop an infrastructure of the kind that existed
before, specially, if there is stability in Afghanistan," he said.
He dismissed, as "a perception in the media", claims that the
United States wanted him to act more decisively against Al Qaeda.
"We are certainly assisting them all the way," he said. "We've
suffered casualties."-Agencies
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20020831
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Parliament can impeach president, says Ranjha
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ISLAMABAD, Aug 30: Federal Law Minister Dr Khalid Ranjha rejected
the notion that checks in the constitutional amendments were aimed
only for the prime minister. He was responding to a question from
audience at a special program on the amendments on BBC World's
current affairs weekly program, Question Time Pakistan.
Former information minister and Millat Party Senior Vice-President
Javed Jabbar, prominent lawyers, ex-federal law minister Barrister
Khalid Anwar, constitutional experts and former Sindh governor
Fakhruddin G. Ebrahim were other panelists.
Ranjha said: "Though the president has checks on prime minister,
Parliament and the Supreme Court have checks on the president."
He said that under the Constitution, the prime minister was going
to be the chief executive of the country. "Everything which is to
be done is to be done by him", he noted.
The minister said the president had no power whatsoever apart from
two things: He could appoint the army chief and he was chief of the
army. Referring to the checks on the president, the minister
pointed out that the parliament could impeach him. Ranjha said the
Supreme Court could overturn the presidential order when he would
exercise 58(2) B to sack prime minister or the government. This was
another check on the president, he added.
But other panelists, including Javed Jabbar and Khalid Anwar, did
not agree with the minister, and said he could sack the prime
minister and the government before impeachment.
The minister said the concept of checks and balances had emerged
after several measures had been tried in the past.
"We tried the 1956 Constitution. It did not work; it was
parliamentary form. We tried 1952 Constitution, presidential form.
It didn't work. We tried 1972 Constitution, again a presidential
didn't work, then we had 1973 Constitution, again parliamentary and
all the powers of president were given to the prime minister. It
didn't work. Then we had a concept of checks and balances, and
security council was conceived as a check and balance which was
then deterred by the then law minister in 1996-97. That was in the
form of law. Now we have the National Security Council in the shape
of constitution", he said.
To another question, Dr Ranjha said the amendments were aimed at
peaceful transition, and this was the mechanism of reverting back
to civil government under the Constitution of 1973.
Javed Jabbar said it was the duty of forthcoming parliament to look
into these amendments. He said 12 of these amendment were positive.
They increased the size of the parliament. They gave them the right
to represent. They increased the role in the financial
independence, he added.-APP
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20020831
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Beg sees president, parliament clash
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Staff Reporter
LAHORE, Aug 30: Awami Qiadat Party chief Gen Aslam Beg (retired)
sees a president-parliament clash after the elections. Speaking at
a press conference on Friday, he said there would be a clash
between a powerful president, who would have power of amendments
and judiciary and army on his side, and parliament trying to be
sovereign.
There would be no arbitrator between the two. This clash, if go
unchecked, could harm the country and democracy. "If the US sides
with the unelected forces, as it has always done, it will end up
hurting the US interests in this part of the world." For this
reason alone, the US must try to find a mid path and choose the
next prime minister as its partner, the former chief of army staff
said.
"The future of dictators is getting bleak world over and Pakistan
may not prove to be an exception. The US must cultivate elected
prime ministers, instead of army dictators, if it wants relations
with Pakistan build on a permanent basis."
Gen Beg also predicted another constitutional crisis afflicting the
post-election scenario. The Supreme Court did not clarify whether
the Provisional Constitutional Order would continue after the
elections or the constitution would be restored. Gen Pervez
Musharraf could again go to the Supreme Court to clarify this
point.
Gen Beg said that the forthcoming elections post-polls scenario
would be a test for the PPP and the PML-N. "Both parties have their
vote bank intact and will form majority in the next parliament, if
elections are held fair and free. They must play their cards very
carefully so that no harm is done to the interests of the country
and democracy."
The former COAS said apparently, the country was going through a
political mayhem. "There is good omen in this seemingly bad
situation; voters now have a clear choice between forces of pro and
against reforms.
"On the one hand, there are people who are supporting the present
set up along with its future plans. Though it is a big group and
enjoy the support of government, but it may end up having desirable
majority in the parliament.
"On the other hand, there are forces who oppose these reforms and
are fighting for a sovereign parliament. This clear choice presents
positive sign of the present political confusion," he said.
This has also helped political leadership mature along democratic
lines. "The PML-N and the PPP are in a process of making
adjustments on seats which is a healthy sign, so is MMA."Gen Beg
said that his party would join hands with these parties and
contribute its share in stabilizing future political set-up.
The AQP, he said, expected to become a parliamentary party during
this elections. Around 69 of its candidates - 12 for national
assembly and 57 for four provincial assemblies - were contesting
the forthcoming elections.
More candidatures were being processed and the list can swell by
Sept 12, he claimed.
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20020827
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Pakistan rules out US troop operation
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By Hasan Akhtar
ISLAMABAD, Aug 26: Pakistan said that there was no question to
allow the US troops to operate on its soil to carry out search
operations for any hideouts of Al Qaeda or the Taliban fugitives
who might have escaped to Pakistani border areas from Afghanistan.
The commander of the US Central Command, Gen Tommy Franks,
reportedly said in Kabul that he would continue his mission against
(Al Qaeda and Taliban remnants) hideouts in Afghanistan and its
surrounding countries "until it's all done".
Although he avoided saying anything about the specifics of his
mission, he was further quoted to have said the "relationships that
we have with the surrounding states around Afghanistan, would
permit us to do our work that the (US) troops suggest needs to be
done."
Asked at his weekly news briefing whether Gen Franks' reported
statement imply that the US troops might have access into Pakistan
territory in their operation against Al Qaeda and Taliban
fugitives, the foreign office spokesman, Aziz Ahmad Khan, said he
did not view the US commander's statement in that light.
Mr Khan said the question to permit American troops to operate on
Pakistani soil did not arise (because) "Pakistani forces are fully
capable of operating against any eventuality or terrorism or
aggression". Pakistan's cooperation with the coalition forces in
Afghanistan, he said, was confined to "sharing of intelligence"
from the US as far as tracking down these people (the fugitives)
was concerned. He stressed that President George Bush and other
leaders had applauded Pakistan's role in this regard.
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20020829
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Tribal people warn against US hunt for Al Qaeda men
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PESHAWAR, Aug 28: Residents of tribal border belt have warned that
US troops will face attack if they launched a hunt in their semi-
autonomous tribal region for Al Qaeda fugitives.
Speculation that a US military operation was in the offing was
sparked by US Central Command chief Gen Tommy Franks' comments in
Afghanistan on Sunday that the Al Qaeda hunt needed to be expanded
into neighbouring countries.
Hundreds of Al Qaeda fugitives and Osama bin Laden are believed by
US and Afghan officials to be hiding in Pakistan's remote tribal
belt.
"The tribal people will resist US troops," said Iqbal Hussain, a
merchant in Kurram Agency, one of seven agencies that make up the
zone where Afridi, Shinwari, Wazir, Malagwi, and Shalmani tribes
live under their own laws. "They will blockade the routes, they may
create hindrances in their way, they may attack them with rocket
fire, maybe missile fire, and they may carry out hit-and-run
(attacks), hide and seek," Mr Hussain told AFP.
"So when you have hide and seek it's like a guerilla war, hit and
run."
Tribal leaders said Pakistani troops, who had never entered their
region until late last year, were welcome, but US troops were not.
"We do not want Americans in our area. The people are against
direct operations by Americans," Haji Bazeer, a trader in Miranshah
in North Waziristan Agency, told AFP.
"Tribals in this area decided in a traditional jirga that if the
Pakistan army and paramilitary forces, with the help of tribal
elders, launch any search operation the locals will cooperate. But
they do not like Americans in their area."
FBI agents stationed in Miranshah earlier this year came under
rocket attack five times, though none were hurt.
Mohammad Ali Wazir, a businessman in the South Waziristan Agency's
Wana town, predicted "a strong reaction" if US troops went to the
tribal area.
"The tribal people here will not like any such operation and they
will fight whatever type of fight they can. They have no
helicopters or sophisticated arms, but what they can do they will
do. Because there's no Al Qaeda here, and if they're going to
search it will be a big problem for us," he said-AFP
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20020831
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October polls will be a farce: PPP
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Staff Reporter
KARACHI, Aug 30: The Pakistan People's Party termed rejection of Ms
Benazir Bhutto's nomination papers from NA-207 as part of mala fide
game plan of the government and vowed not to give a walkover to the
"King's Party".
"It is the blackest day in the history of Pakistan and a great
setback to the struggle of democratic forces.
"Rejection of Benazir Bhutto's papers has established that October
elections will be a farce because the largest political party is
not being allowed to contest the elections freely," said Mian Raza
Rabbani, acting secretary general of the Pakistan People's Party,
during a news conference at Bilawal House.
Flanked by other central leaders of the party, Mr Rabbani kept all
options open and said the decision of the Returning Officer of NA-
207 at Larkana was not in accordance with law, nor did it meet
requirements of the constitution and natural justice.
Asked whether boycott of elections was on the PPP card, Mr Rabbani
said: "This will suit the regime that the PPP gives a walkover to
PML(Q) and SDA. This question is premature. We have not yet
exhausted all legal options as yet."
He said that today's decision exposed the double standards and
anti-PPP specific decisions of the regime, especially when a day
earlier in Lahore papers of Mian Nawaz Sharif, who was convicted
and banished from the country, were accepted. He, however, made it
clear that the PPP had welcomed the acceptance of Mian Nawaz
Sharif's papers with the hope that all political leaders would have
the right to contest elections.
Raza Rabbani said that the PPP's criticism should not be taken as
if it was grudging acceptance of Mr Sharif's nomination. He
declined to comment on the question whether acceptance of Sharif's
nominations was part of any deal with the government.
He said it was part of the government agenda to keep Ms Bhutto out
of electoral and political dispensation.
Mr Rabbani said Gen Pervez Musharraf had categorically stated on
many occasions that he would not let Ms Bhutto return to power or
contest elections.
He claimed that the government initiatives were aimed at keeping
democratic and liberal forces, who are against fundamentalism and
Talibanisation of Pakistan, out of the electoral process.
The acting secretary general of the PPP also referred to Ms
Bhutto's petition in the Sindh High Court and said his party would
"exhaust all legal and political options" and the future course of
action would be clear during the next few days.
He hoped that the Benazir Bhutto would eventually be allowed to
contest and vowed that his party would put up a strong resistance
to undemocratic and anti-people measures of the regime.
Mr Rabbani listed, what he termed as Bhutto-specific laws, which
include amendment in Section 31-A of NAB ordinance and said it was
in conflict with the provisions of criminal law.
He also referred to the graduation condition for holding a public
office and for preventing a person from becoming prime minister for
a third time, conviction owing to absconsion, amendment in article
63 and inclusion of clause (p). He said that this clearly proved
the regime's mala fide intentions.
He also criticised the amendments in political parties act,
especially in which it has been said that a person who cannot be a
member of the parliament cannot lead a political party. In this
context, he specially mentioned the CE's Order No.21.
He also explained the raison d'etre for the formation People's
Party Parliamentarian following amendment in section 32 of the NAB
ordinance.
President Sindh PPP Nisar Khuhro said the rulers have repeated the
history of 1979 and has made restoration of democracy a far cry.
Syed Qaim Ali Shah, who was present with Aftab Shahban Mirani, and
Taj Haider, said the LFO 2002 has put the country in the same
situation in which Yahya Khan had plunged the country in the 1970
which culminated in the separation of East pakistan.
Munawar Suhrawardy claimed it had created great dangers for the
federation.
Agha Siraj Durrani whose papers for the provincial seat from Garhi
Yasin were rejected said the decision was in flagrant violation of
the Supreme Court order which he claimed had set aside his
conviction.
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20020831
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It's govt game, says Benazir
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By Amanullah Ghilzai
LONDON, Aug 30: The chairperson of the Pakistan People's Party,
Benazir Bhutto, has termed the rejection of her nomination papers
from Larkana "a part of a game plan" by the Musharraf government to
divide the ARD.
In her reaction, she said here on Friday: "I will challenge this
decision by the election commission and will wait for the result of
my two other nomination papers filed for the October elections".
She accused the election commission of double standard by, what she
said, allowing Nawaz Sharif to contest the elections though he was
already convicted by the Supreme Court of Pakistan and rejecting
her nomination papers on the grounds that she was accused of
corruption though not convicted yet.
Ms Bhutto said the only conviction she had was of the absentia
which, she said, was a new law and that this conviction was not a
crime. "I know that the government wants to divide the opposition
parties (and) that's why my nomination papers were rejected."
She warned the authorities that the PPP would keep its seat-to-seat
adjustment policy with the Pakistan Muslim League (N) despite the
rejection of her nomination papers. She said she was glad that Mr
Sharif's nomination papers from Lahore were accepted. Ms Bhutto
said she was indirectly in touch with Mr Sharif while her party is
in direct contact with the PML (N).
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20020831
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Benazir's papers rejected
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Staff Correspondent
LARKANA, Aug 30: The returning officer for NA-207 (Larkana-IV) on
Friday rejected the nomination papers of PPP chairperson and former
prime minister Benazir Bhutto, giving the reason that she had been
convicted in three references of the National Accountability Bureau
Ayaz Soomro, president, District Bar Association, appeared on
behalf of Ms Bhutto and prayed that when the forms of former prime
minister Nawaz Sharif had been accepted, the nomination papers of
Ms Bhutto should also be accepted. But over ruling his arguments,
returning officer Akhlaque Hussain Larik, the additional sessions
judge, Ratodero, rejected the forms of Ms Bhutto.
When contacted, the returning officer told Dawn that Ms Bhutto had
been convicted in three NAB references and, therefore, she stood
disqualified under Article 63(P) as amended by the Legal Framework
Order 2002. He said further that similarly she was disqualified
under Section 8-D, sub-section 2-clause (N) of ECO No: 7 of 2002.
Documents pertaining to the NAB references were available with the
returning officer and those were 41/2001, 23/2000 and 26/2000. The
references had been decided on May 21, 2002; July 7, 2002; and June
9, 2001, respectively, he said. About the NAB documents available
with him, the returning officer said that those were with him as Ms
Bhutto had filed a petition (No B-147/2002) wherein she had
challenged the vires of Section 31 of NAB ordinance.
Former deputy speaker of the National Assembly Dr (Mrs) Ashraf
Abbasi, Ms Bhutto's political secretary Dr Safdar Abbasi and former
Sindh minister for local bodies Haji Munawar Ali Abbasi were
present when the decision rejecting the papers of Ms Bhutto came.
They later led a procession that converged on the press club here
after marching through the main streets of the town. They told
newsmen they would follow the legal course. Ayaz Soomro, advocate
for Ms Bhutto, told Dawn that an appeal against the decision would
be filed shortly.
He called it "double standard," saying Mr Sharif's forms were
accepted though he too was a convict. Ms Bhutto had been informed
in London of the matter, he added.
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20020830
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Hearing of Benazir's petition put off
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Staff Reporter
KARACHI, Aug 29: A full bench of the Sindh High Court adjourned the
hearing of a constitutional petition filed by Ms Benazir Bhutto
till Sept 11.
The full bench comprising Chief Justice Saiyed Saeed Ashhad,
Justice Sabihuddin Ahmed, Justice Ghulam Rabbani, Justice Anwar
Zaheer Jamali and Justice Musheer Alam, adjourned the petition on
the request of PPP chairperson's attorney.
The former prime minister has challenged the government measures to
keep her out of political dispensation and electoral process. The
bench, however, did not accede to Ms Bhutto's attorney for staying
scrutiny of her nomination papers until her petition was decided.
The full bench was constituted on the request of the government on
the premise that in the matter vires of two laws and a
constitutional amendment had been questioned.
AG Punjab Maqbool Elahi Malik had filed the application on behalf
of the federation, in which he had prayed for a larger bench on the
premise that questions of territorial jurisdiction, locus standi,
and the entitlement of the petitioner to relief arise.
When the matter came up for hearing, Farooq H. Naek requested for
adjournment because the leading counsel, Barrister Kamal Azfar had
fallen sick and was not in a position to argue.
Attorney General for Pakistan Barrister Makhdoom Ali Khan did not
oppose the adjournment, but he did not agree to the date sought by
Ms Bhutto's counsel because of his commitment abroad. The AGP would
not be in the country on Sept 5 as he would be leaving for abroad
to represent Pakistan in an international moot.
Farooq H. Naek said even in the absence of AGP, the federation can
be represented as the counsel for federation Maqbool Illahi Malik,
any DAG and Prosecutor NAB would be present.
He said that once an adjournment has been sought, the urgency has
been lost. If it is resumed on 5th, the time for scrutiny would
expire.
The bench observed that the entire constitutional package has been
challenged before Lahore High Court and it would not be appropriate
for this bench to hear the matter as there could be two conflicting
judgments.
Farook Naek submitted that the petitioner has also challenged NAB
Ordinance's 31-A which is not the subject matter of the petition
referred to by the bench. He contended that constitutional
amendments do not cover this specifically and only wording
"conviction by a competent court" is given. He also referred to
objections raised, vis-a-vis amendments in article 63 (1) (p) of
the constitution.
As there was dispute over timing, the AGP suggested Sept 11 as next
date of hearing, and the court directed the counsel of both the
sides to reassemble after tea break.
When they met, the bench in the chamber of the CJ, Sept 11 was
finally fixed for the hearing of the petition by the same bench.
In the amended petition, Ms Bhutto has termed the Legal Framework
Order as illegal and contended that amendments, especially in
Article 63 (p) of the constitution, were mala fide and intended to
keep the petitioner out of political dispensation.
The former prime minister has prayed for enforcement of the right
to contest elections to NA-207 and has challenged government's
measure to keep her out of political and electoral process.
These amendments were termed illegal and mala fide and outside the
ambit of powers conferred by the Supreme Court in Zafar Ali Shah's
case.
The exercise is aimed at seeking an order from the court, allowing
the petitioner to contest elections and that her nomination papers
should not be rejected until the disposal of this petition.
It should be left to the voters once again to decide who should
represent them.
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20020830
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State counsel opposes Benazir's petition
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 29: Counsel for the federation has maintained that Ms
Benazir Bhutto's petition is not maintainable because the
petitioner is an absconder and a fugitive, and, therefore, cannot
seek benefit in equity jurisdiction.
This is stated in the written reply to Ms Bhutto's contentions,
filed in the Sindh High Court by counsel Maqbool Elahi Malik, who
is also advocate-general, Punjab.
It is his contention that the matter being agitated through the
present constitutional petition is already under consideration by
the Lahore High Court, Rawalpindi Bench, where writ petitions are
pending adjudication. These petitions challenge what is also being
challenged through the present petitions and since the law and the
courts abhor multiplicity of proceedings, this petition merits to
be dismissed, he claimed.
He maintains that the petitioner wants the SHC to sit in judgment
over an order passed by the Lahore High Court in writ petition No.
26421/98 and to interpret the same. He claimed that the SHC lacks
territorial jurisdiction to sit in judgment over an order of the
Lahore High Court.
Considerations of equity and fair-play demand that the court should
not exercise its equitable jurisdiction in favour of an
absconder/fugitive from law, he claimed.
The fact that the apex court has twice upheld the dismissal of the
petitioner's government on charges of corruption etc. is enough to
belie the self-projection campaign unleashed through the present
petition. The petitioner, while narrating events, has challenged
section 31-A of the NAB Ordinance as also Article 8(d)2(n) of Chief
Executive Order No.7, amended by Chief Executive Order No.21 of
2002 as being malicious, discriminatory and arbitrary and has
attributed abuse of legislative authority to the law-maker.
Counsel Malik has maintained that the petitioner wants to avoid
punishment and likewise the court of competent jurisdiction, which
is the National Accountability Court which in the present case had
adjudged the petitioner guilty of an offence; therefore, it is not
correct to say that the petitioner has not been connoted.
With regard to Ms Bhutto's conviction, the federation's counsel has
submitted that by virtue of section 31-A, the court has convicted
the petitioner and sentenced her to imprisonment on account of
operation of the law in question.
It has also been averred in the petition that the petitioner has
been disqualified without being convicted for any substantive
offence. This, he said, is fallacious and unwarranted because the
substantive offence for which the petitioner has been convicted, is
the offence contained in Section 31-A of the NAB Ordinance.
The petitioner has maintained that she never absconded but went
abroad with the permission of the court.
It was Maqbool Illahi's contention that since the NAB Ordinance
contains Section 31-A, which was not there in the earlier
Ordinance, it follows that the order of the Lahore High Court,
whereby the petitioner was allowed to proceed abroad and whereby
the trials were allowed to proceed in her absence, is no more in
the field since it has been taken over by Section 31-A of the NAB
ordinance.
He did not agree with the contention of petitioner that the guilt
under section 31-A is determined by operation of law and not as a
result of conviction.
With regard to the petitioner's contention that the impugned
provisions are violative of Article 4 and 9 of the Constitution,
the federation's counsel contended that the petitioner had over-
looked the provision of Article 63(P) of the Constitution. Article
63tP) provides that a person shall be disqualified if he is for the
time being disqualified for election under any law, for the time
being in force. Section 31-A of the of the NAB Ordinance is such
a law in force, and, therefore, this argument be consigned to the
dustbin.
It would be important to mention here that Article 8 (d) 2(n) of
Chief Executive Order 7 of 2002 has been introduced to bring the
accused to the book. If the accused cannot face the trial, how and
why should she be allowed to contest elections in the country?
The petitioner contends that section 31-A violates Article 175 of
the Constitution insofar as it interferes with judicial functions
to be performed by the court, in accordance with the Cr.P.C. But
the counsel for the federation disagreed wit the contention and
said that while dealing with the similar arguments about section
17-C of the NAB Ordinance, the Supreme Court has held in the
Asfandyar Wali's case that no vested rights exist in the matters of
procedure.
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20020829
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CEC urged to take notice of rules violation
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 28: Former prime minister Benazir Bhutto has asked
the Chief Election Commissioner, Justice Irshad Hasan Khan, to take
notice of the of violation of election laws by the government to
rig the elections.
She drew the attention of the CEC to the suggestions by the PPP to
the government to induct a national consensus government to ensure
a fair administration; transfer power to the judiciary for the
holding of elections as in Bangladesh; replace the politically-
motivated officials with neutral ones.
Bhutto, in a letter addressed to the CEC, has referred to the
report published in South Asia Tribune dated Aug 26.
"I draw your attention to the report in the South Asian Tribune
(Aug 26-Sept 1, 2002 - copy enclosed) which discloses the pre-
electoral rigging taking place in violation of the Constitution and
laws of the land. The PPP had earlier stated the need to replace
politically motivated officers with a neutral administration.
"The continuation of the politically motivated officials affects
the fairness of the elections and subverts the will of the one
hundred and forty million people of Pakistan. The confidence in the
electoral process can be restored by concrete steps failing which
the electoral turnout could be low as voters boycott a process with
pre-judged conclusions."
The South Asian Tribune obtained evidence from top Pakistani
bureaucrats visiting the United States about Musharraf regime's
plan to rig the elections, she pointed out.
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20020829
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UGC okays Benazir degree
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Staff Correspondent
LARKANA, Aug 28: The returning officer for NA-204 (Larkana-I),
Abdul Ghani Soomro, rejected on Wednesday the nomination papers of
the chairperson of the PPP(SB), Ghinwa Bhutto, on the ground that
she was not a graduate.
She had filed nomination papers to contest from NA-204 from where
PPP chairperson Benazir Bhutto, has also filed nomination papers.
The returning officer rejected the papers after he got the reply
from the director accreditation and coordination of the University
Grants Commission (UGC) of Pakistan.
The UGC said the mark sheets of the Technical Baccalaureate Part I
issued by the president, directorate of examinations, Hanna Karam,
Lebanon, was not equivalent to Bachelor's degree of Pakistan. The
same returning officer also rejected nomination papers of Hafiz
Ahmed Ali Abbasi, a candidate of the Mutahidda Majlis-i-Amal, from
NA-204 (Larkana-I).
BENAZIR: Meanwhile, it was learnt that the UGC had maintained that
the degree of Benazir Bhutto, which she had submitted with her
nomination papers, was equivalent to Master's degree of Pakistan.
Earlier, the returning officer had given a two-page questionnaire
having 66 questions to Ayaz Soomro, Benazir's advocate, for
verification of her degrees.
Soomro told Dawn on Wednesday that after receiving the fax from the
UCG that it had accepted Benazir's degrees, there was now no need
to submit the questionnaire that had been sent to her in London.
The scrutiny of Benazir's nomination papers for NA-207 (Larkana-IV)
and NA-204 (Larkana-I) would be held on Aug 30 and Sept 1,
respectively, in Ratodero and Larkana.
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20020829
-------------------------------------------------------------------
No move for Benazir's extradition: Britain
-------------------------------------------------------------------
By Our Correspondent
LONDON, Aug 28: The British government has said the Pakistan
authorities have not approached Britain to extradite Benazir
Bhutto.
Official sources told Dawn here on Wednesday that there was no
extradition treaty between the two countries, therefore, the
extradition of any person from either countries was not possible in
the present circumstances.
Commenting on reports suggesting that the Pakistani authorities
were in touch with the British government seeking extradition of
Benazir Bhutto to Pakistan, officials said there was no such move.
Benazir Bhutto, who at present is living in London in self-exile,
denies that she was ever involved in corruption, saying "the
allegations against her are politically motivated."
Ms Benazir says she was planning to return to Pakistan before
October elections. The exact date of her return is not known,
however the PPP sources in London told Dawn that the decision about
her return to Pakistan could be made within 10 days.
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20020829
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PPP complains of pre-poll rigging
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 28: The Pakistan People's Party has drawn the
attention of the chief election commissioner to "pre-poll rigging"
by the authorities.
It said false and exaggerated demands were being made for payment
of government dues, income tax and utility charges at the nick of
time.
In a communication addressed to the CEC, the acting secretary-
general of the PPP, Raza Rabbani, termed such demands unique method
of seeking disqualification of candidates.
Candidates are being asked to make payments and prefer appeals
subsequently. Further cumbersome details and additional
documentation is being sought with regard to degrees that have been
filed. This, he said, is yet another face of pre-poll rigging being
indulged by the regime.
It not only brings financial pressure on the intending candidate
but his failure to comply exposes him to disqualification, he
maintained.
He also drew the attention of the CEC to alleged pre-poll rigging
in Jacobabad district and said it was an attempt to provide undue
advantage to the candidates of the "Kings Party".
In this context, he said 42 polling stations for Thul STC, Misripur
STC and Muradpur STC of Thul Taluka have been prepared under the
supervision and instructions of a member of the Sindh Cabinet.
The said polling stations have been proposed in the area of one
tribe alone, despite the fact that government buildings are
available, 18 polling stations have been improvised.
These polling stations remained unchanged in five general elections
namely, 1985, 1988, 1990, 1993 and 1997.
Meanwhile, PPP's top leadership was engrossed in late night session
at Bilawal House to workout strategy on the outcome of scrutiny of
Ms Benazir Bhutto's nomination papers from two Larkana
constituencies - NA-204 and 207 - which is to coincide with the
hearing of her petition challenging certain measures to prevent her
from contesting elections.
For the PPP, the outcome of scrutiny would have decisive bearing on
the election campaign of the PPP Parliamentarians.
The kind of information she was asked to provide in a short span
pertained to source of financing, the studies abroad, normal
duration of course actual period in which the degree was obtained,
mode of study, whether it was obtained through research or course
work, number of credit hours.
The long list is part of the UGC application form for equivalence
of qualification certificate. But the ordeal of candidates is not
confined to educational degree and the clearance of utility bills.
They were being grilled by the returning officers on minor details
of religious knowledge. Many of the ROs were asking Islamic
philosophy, which made the candidates very nervous.
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20020831
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Scrutiny of Nawaz, Kulsoom's papers deferred
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 30: The scrutiny of the nomination papers of Shahbaz
Sharif and Kulsoom Nawaz for NA-119 was deferred again till
Saturday (today) as the returning officer asked objectors to bring
proofs of objections.
The objectors had maintained that both were tax defaulters to the
tune of Rs7.7 million -- Shahbaz Sharif of Rs4.5 million and
Kulsoom Nawaz of Rs3.2 million. Similarly, nomination papers of
Nawaz Sharif for NA-120 would be scrutinized on Sept 1.
It may be mentioned that Nawaz Sharif and Kulsoom Nawaz had been
cleared for NA-121 and NA-122, respectively. The nomination papers
of Shahbaz Sharif had also been accepted for PP-141 and PP-142.
The nomination papers of Humayun Akhtar Khan were accepted for NA-
122 and Pervez Malik (brother of Justice Qayyum Malik), Abdur
Rashid Bhatti were cleared for NA-120. For NA-126, the nomination
papers of Rana Munawwar and Abdul Aleem were found in order.
The nomination papers of Malik Niazullah Khan were rejected for PP-
161, Mohsin Raza Gilani for PP-154, Mukhtar Aslam for PP-152 and
Malik Liaquat Ali for PP-137.
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20020831
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Sharifs' banishment challenged
-------------------------------------------------------------------
LAHORE, Aug 30: A senior lawyer challenged banishment of deposed
prime minister Nawaz Sharif, saying there was no legal bar on the
exiled leader's return from Saudi Arabia.
"The law of the land does not have the sentence of exile," lawyer
Khwaja Sultan Ahmad told AFP, arguing that there was no written
agreement between the Sharifs and the government on the issue.
Sharif was convicted of tax evasion and plane hijacking in 2000,
several months after Musharraf overthrew and jailed him in a
bloodless coup in October, 1999.
The sentence was then waived under an alleged agreement between the
government and Sharif which allegedly stipulated he and members of
his family would not return to Pakistan for 10 years.
The statement of Ahmed, who served as defence counsel during
Sharif's trial, came after election authorities gave preliminary
approval to nominations filed by Sharif, brother Shahbaz and wife
Kulsoom for the October polls.
Ahmed said when Sharif and his close relatives were sent into exile
in December 2000, Muhammad Rafiq Tarrar was president of Pakistan
but he has expressed his "ignorance about the existence of any
contract" between the government and the Sharifs. The PML-N also
insists that no such agreement exists.
"It appears there is no written agreement or contract for the exile
of Nawaz Sharif," Ahmed said. "Moreover, Pakistan's constitution
does not allow the government to send its nationals into exile," he
said.
He also stressed that the pardon granted to Sharif renders him
innocent and his criminal conviction now stands invalid.
"If there is nothing on the record, then the pardon will be
presumed a pardon within the meaning of law of the land.
"After a pardon, the conviction and disqualification stands nowhere
and the accused shall be deemed as innocent," he said.-AFP
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20020830
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Papers of Nawaz, Kulsoom cleared
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 29: Nomination papers of Nawaz Sharif and his wife
Kulsoom Nawaz were cleared for National Assembly seats NA-121 and
NA-122, respectively, by the returning officers concerned.
The scrutiny of nomination papers of Shahbaz Sharif and Kulsoom
Nawaz for NA-119 will be held on Friday (today).
However, the Muslim League (QA) suffered its first setback when the
nomination papers of former Olympian Akhtar Rasool - its city chief
- were rejected for being a "convict in the Supreme Court attack
and mis-declaring his assets."
Other politicians whose papers were found in order for NA seats
from Lahore are: Mian Azhar, Khawaja Saad Rafiq, Hafiz Salman Butt,
Nasir Jabran (nephew of Mian Azhar), Dr Tahirul Qadri, Mian Zakaur
Rehman, Humayun Akhtar Khan, Altaf Ahmad Qureshi, Pervez Saleh,
Javed Hashmi, Kamil Ali Agha, Mian Abdul Sattar, Farid Ahmad
Piracha and Engineer Salimullah.
Similarly, those candidates whose papers were accepted for the
provincial assembly seats from Lahore included: Dr Anwaarul Haq,
Rana Shaukat Mahmood, Humayun and Haroon Akhtar Khan, Shahid Nabi
Malik and Aftab Ahmad Lodhi.
The papers of the following candidates were rejected: Chaudhry
Asif, Prof Abid Hussain Sandal, Naeem Ahmad Mughal, Ahmad Hussain
Khan and Muzaffar Ali Butt.
The scrutiny will continue till Sept 2.
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20020829
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PML-N to contest all seats: Nawaz
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 28: The PML(N) will put up its candidates on all seats
to defeat those who had betrayed the party, a statement issued
quoted Mian Nawaz Sharif as saying.
The statement has been issued by former deputy mayor Mian Muhammad
Rashid, who has just returned after meeting the deposed prime
minister in Saudi Arabia.
Mr Sharif, who is now Quaid of his party, reiterated that he had
struck no deal with the military regime. Similarly, he said, he
himself had decided to elevate his brother Mian Shahbaz Sharif as
party president. The rest, he said, was all propaganda.
He pointed out that the party had reposed confidence in him but it
was on his insistence that they had accepted the decision to make
Shahbaz Sharif as their president.
The former prime minister said his party would continue to
cooperate with the PPP from the platform of the ARD. He said it was
premature to say whether his party would be willing to form
coalition with the PPP.
Mr Sharif said the basic issue at present was of the restoration of
democracy, not formation of coalition.
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20020829
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Shahbaz also cleared for PP-142
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 28: Nomination papers of Shahbaz Sharif, Liaquat
Baloch, Jehangir Badr were cleared on the second day of the
scrutiny of nomination papers.
Shahbaz Sharif was cleared for PP-142, Liaquat Baloch for NA-126,
Tariq Banday for NA-126, Jehangir Badr for PP-142 and Qasim Zia for
PP-155.
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20020828
-------------------------------------------------------------------
Ban on political activities to go on Sept 1
-------------------------------------------------------------------
By Faraz Hashmi and Rafaqat Ali
ISLAMABAD, Aug 27: The government lifted the ban on political
activities with effect from Sept 1, allowing political parties 39
days for election campaign before polling, scheduled to be held on
Oct 10.
Announcing the decision, the government over-ruled the code of
conduct issued by the Election Commission and maintained
restriction on rallies and processions. "Rallies and processions on
roads, streets, railway stations, etc., shall not be allowed as
part of the political activity," said the order issued by the
federal government.
Earlier, the code of conduct issued by the Election Commission had
said that processions and public rallies would be allowed during
the election campaign but specified certain conditions for holding
such rallies so that it could not disrupt the normal public life.
For the public meeting too a number of conditions were spelt out in
the order, which the political parties would have to observe in
their election campaign.
Advance permission from the district and provincial governments for
holding such gatherings would have to be sought by the political
parties and the candidates, so that the campaign could progress in
an orderly manner.
"Political meeting shall only be organized at places or areas
specified by the district and provincial governments in order to
prevent public inconvenience and to maintain normal public life. No
traffic disruption and hindrance shall be allowed," it added.
It further said the time, place and other details of meetings would
be decided by the district and provincial governments in
consultation with the political party concerned well in advance and
ordinarily no deviation in the agreed program should be allowed.
The restrictions, it said have been imposed to ensure peaceful and
uninterrupted conduct of general elections and to avoid
inconvenience to the general public.
The political activities in the country were banned by President
Gen Pervez Musharraf soon after takeover on Oct 12, 1999. During
this period the country barring only a few the country did not see
any major political activity.
President Gen Pervez Musharraf in his recent press conference had
said that processions and rallies would not be allowed during the
election campaign.
Muttahida Majlis-i-Amal had announced that a train march would be
launched from Rawalpindi on Aug 28 which had reportedly been
disallowed by the government.
The Chief Election Commissioner Justice Irshad Hassan Khan last
year as the Chief Justice of Pakistan had taken suo motu notice of
the ban on political activities. The court had also sought an
explanation from the government for keeping a ban. However the case
is still pending before the apex court.
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20020828
-------------------------------------------------------------------
Warrants for Benazir sent to all provinces
-------------------------------------------------------------------
By Mohammad Asghar
RAWALPINDI, Aug 27: Former prime minister Benazir Bhutto's
"perpetual arrest warrants" issued by the National Accountability
Bureau has been sent to the IGPs of the four provinces and the
federal capital directing them to arrest her on her arrival, a
source said on Tuesday.
Benazir's arrest warrants had been issued by the Accountability
Court judge last year. Due to her absence, the warrants had been
sealed by the NAB. But on Tuesday, the NAB authorities dispatched
the warrants to the provincial governments and IGP Islamabad for
their compliance, the source said.
The SP of Clifton Karachi, where the former prime minister's
residence is located, has also been directed to arrest her, if she
comes to her house.
The source said the warrants (4119) which had been sealed due to
Benazir's self exile were opened on Tuesday in the wake of
intelligence reports that she may reach Pakistan any time, the
source said.
The government is reportedly seeking Interpol assistance for
getting Benazir Bhutto arrested while she is abroad, the source
added.
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20020828
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Govt-Sharifs pact 'be made public'
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 27: Chaudhry Shujaat Husain demanded that the
government should let the nation know whether it had made any
change to the agreement under which the Sharif family had been
exiled to Saudi Arabia and barred from taking part in politics for
10 years.
Talking to newsmen at his residence, the PML-QA leader said such a
clarification was necessary in view of the gradual involvement of
the Sharifs in politics, filing of nomination papers by them in
various Lahore constituencies being the first step.
Nomination papers of Shahbaz Sharif from PP-141 (Lahore) have
already been found in order on scrutiny.
Mian Nawaz Sharif and his wife, Kulsoom, have also filed nomination
papers from various city constituencies and would be scrutinized
according to the schedule.
Chaudhry Shujaat recalled that the nation had been told by
President Musharraf that the Sharifs would stay away from the
country as well as politics for 10 years. Now that the agreement
was being flouted, the government should explain the actual
situation to the nation, he added.
He told a questioner that his party would not file any appeal
against the acceptance of Shahbaz Sharif's nomination papers.
Asked to explain the services of former PPP leader Sheikh Rohail
Asghar and Mian Azhar's brother, Ashraf, on the basis of which they
had been awarded PML-QA tickets, he said so far nobody had been
awarded ticket and the party was likely to take a few more days to
take final decisions to be able to make adjustments with other
parties.
Chaudhry Shujaat is scheduled to meet the Muttahida Majlis-i-Amal
leaders in Islamabad on Wednesday to discuss mutual adjustments.
"How will the PML-QA justify electoral cooperation with the MMA
when the two have divergent views on the presidency of Gen
Musharraf, his competence to amend the Constitution and several
other issues?" he was asked.
Chaudhry Shujaat said commitment to safeguard the Islamic
provisions of the constitution was the common denominator. Gen
Musharraf had given him a personal undertaking that he would not
touch the Islamic provisions of the Constitution. In case he did,
the PML-QA would turn against him, he warned.
He answered in the affirmative when asked if party ticket could be
awarded to somebody who had just crossed into the PML-QA, or had
not appeared before the parliamentary board nor made a formal
request for the ticket. But, he made it clear that such cases would
not be accorded priority when the party had its own electable
aspirants.
He said Nazimeen who had resigned to be able to contest the
elections had not been promised any party ticket.
He did not agree with the suggestion that an interim government
could be formed or the elections might be delayed. "Such a course
will be very dangerous for the military rulers," said the former
minister.
Chaudhry Shujaat was critical of Pakistan Tehrik-i-Insaaf chairman
Imran Khan for his unkind remarks against the PML-QA.
He said the former cricket star should let the nation know his
sources of income and from where he is receiving funds for his
media campaign. "Is it Zakat money? Is it donation or Jewish
money?"
He said in case the PTI chief failed to come up with satisfactory
answers, it was the responsibility of the government to take notice
of the matter.
Also, he said the PTI chief should explain whether Zakat money or
donations could be used for organizing political gatherings.
The PML-QA leader said the PTI chairman had also met the Punjab
governor after which he was left with no justification to criticize
others calling on the chief executive of the province.
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20020828
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Shahbaz cleared for PP-141
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 27: Mian Shahbaz Sharif's name was cleared to contest
the provincial seat PP-141, and his papers for the PP-142 and NA-
119, would come up for scrutiny on 30th.
On the first day of the scrutiny of nomination papers, eight out of
13 returning officers started work and cleared the names of Imran
Khan, Pervez Saleh, Akram Zaki, Humayun Akhtar, Haroon Akhtar, Mian
Abdul Waheed, Farid Parcha, Pervez Malik, Ashraf Ijaz, Saad Rafiq
and Abdur Rehman Lodhi.
Out of the 221 nominations papers filed in the city for the NA and
559 for PA, none was rejected on Tuesday.
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20020827
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Papers filed for Nawaz, family members
-------------------------------------------------------------------
By Zeeshan Siddique
LAHORE, Aug 26: The nomination papers of former prime minister
Nawaz Sharif, his wife Kulsoom Nawaz and PML-N president Shahbaz
Sharif were filed for six different constituencies of the city.
Nawaz's papers were filed for two National Assembly constituencies
(NA-120 and NA-121) and those of Kulsoom for three National
Assembly seats (NA-119, NA-120 and NA-122). Shahbaz's papers were
submitted for one National Assembly seat (NA-119) and two Punjab
Assembly constituencies (PP-141 and PP- 142).
The nomination papers of the Sharifs, living in exile in Saudi
Arabia since December, 2000, were submitted by their
representatives. While the nominations of Kulsoom and Shahbaz were
filed in the afternoon, those of Nawaz were submitted in the
evening at 5:30pm.
Returning Officer Mustafa Tanveer Safwat receiving the nomination
papers of Nawaz Sharif and Kulsoom for NA-120 raised an objection
that the papers of both had not been attested by the Pakistani
embassy in Riyadh with regard to authorization of their respective
representatives. The RO said there was nothing on record to satisfy
the court that the papers had actually been signed by the
candidates themselves or that they had authorized the
representatives in writing.
The court observed that the attestation of a local notary public
was not sufficient and in case the nomination papers of both the
candidates duly attested by the Pakistani embassy were not filed by
Sept 1, the court would reject them. Advocate Nasir members Ahmad
Bhutta, submitting the papers, assured the RO that the attestation
demanded by the court would be filed before the date of scrutiny.
The nomination papers with Urdu version had been used by the three
Sharif family members.
The candidature of Nawaz Sharif for NA-120 had been proposed by
Dilshad Ahmad while Hafiz Adil Abbasi had seconded him. A
certificate of a BA degree with second division issued by the
Government College, Lahore, had also been attached with his
nomination papers.
It was mentioned in the papers that a NAB reference and an anti-
terrorism case number 385/99 were pending against him previously.
A net wealth of Rs10.13 million had been declared in the name of
the former prime minister. Among the declared immovable assets
included one plot on 135-Upper Mall, Lahore, worth Rs1m, 22 kanal
and four marla agriculture land worth Rs2.2m at Bhaubian, Raiwind
Road, and 14 kanal and five marla agriculture land worth Rs1.1m at
village Mandiyala, Sheikhupura Road.
Investment worth Rs10.60m in the Chaudhry Sugar Mills had also been
shown and two amounts of unsecured loans of Rs84,485 and Rs184562
obtained in the name of Abbas and Co and Kulsoom Nawaz had been
mentioned. Some Rs8.7m had been mentioned as cash in hand while
Rs5,225 had been disclosed to be in the United Bank account.
According to the declaration filed with the papers, Rs357,000 had
been paid by Nawaz as tax for the year 2000-2001.
The liabilities of Nawaz as disclosed in the nomination papers
existed in the names of following entities and persons: Chaudhry
Sugar Mills (Rs120,254), Kulsoom Nawaz (Rs615,438), Shamim Akhtar
(Rs3.5m), Mariam Safdar (Rs2.2m) and Hussain Nawaz Sharif
(Rs606,000). Hussain Nawaz, Asma Nawaz and Kulsoom Nawaz had been
shown as dependents of the former president of his own faction of
the PML.
The candidature of Kulsoom had been proposed by Hafiz Mohammad
Ayyaz and seconded by Mohammad Ejaz Butt. Her educational
qualification had been mentioned as MA but a degree of BSc issued
by the Government FC College in June, 1968, with a second division
had also been attached with her papers.
Her net wealth had been stated to the tune of Rs12.49m with movable
assets worth Rs1.5m (a bungalow constructed on three plots at Hall
Road, Murree).
Among the investments owned by Kulsoom included: Chaudhry Sugar
Mills (Rs5.04m), Mehran Ramzan Textile Mills (Rs1,000), Hamza
Spinning Mills (Rs481,000), Mohammad Bakhsh Textile Mills (Rs1m),
Kalsoom Textile Mills (Rs50,000) and Hamza Board Mills (Rs292,000).
Three amounts of Rs615,438, Rs1.1m and Rs1.65m had been mentioned
as unsecured loans obtained by her in the name of Nawaz Sharif,
Farooq Barkat and Shamim Akhtar. Jewellry worth Rs500,000 had also
mentioned to be owned by her.
As many as Rs649,703 had been mentioned as cash in hand while an
account of Rs214,401 with the Allied Bank had been declared in her
name. It was mentioned that she owed Rs5.08m to the Chaudhry Sugar
Mills and Rs1.192m to Asma Nawaz.Mohammad Usman Butt had proposed
the name of Shahbaz Sharif as a candidate for NA-119 while his
candidature had been seconded by Mohammad Rasheed Butt.
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20020827
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LFO aims to perpetuate dictatorship, says PPP
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 26: The People's Party Parliamentarians said the Legal
Framework Order 2002 is an attempt to give protection to
dictatorship through a democratic facade.
Speaking at a news conference, PPP Parliamentarians chief Makhdoom
Amin Fahim said if transparent, free and fair elections were held
and Benazir Bhutto's path was not obstructed, then she would be the
leader of the house in the future parliament.
Amin Fahim said he was anxiously waiting to see "how Gen Pervez
Musharraf honors his promise of free, fair and transparent
elections. Let the elections be felt and seen on the ground to be
free, fair and transparent," he added.
He said his party did not recognize the right of an individual or
the Supreme Court to amend the constitution. The LFO 2002 is beyond
the ambit of the apex court's judgment in Zafar Ali Shah's case, he
maintained.
He warned that efforts to mutilate and finally do away with the
1973 Constitution were fraught with grave danger because in the
days ahead it will not be possible to have a similar consensus
document. It is, therefore, necessary for the political forces to
defend the 1973 Constitution.
Asked how the PPP would behave in view of the regime's declared
stand that the future assembly would not have the authority to
amend the amendments and reforms introduced by it, Amin Fahim said:
"after winning mandate of the people we will have the right to
review and amend according to the wishes and aspirations of the
people."
He said whatever laws the regime had enacted, their objective was
to block the way of the PPP and Ms Bhutto. In this context he
particularly mentioned the amendments introduced on Aug 2. He urged
the rulers to understand that transparent, free and fair elections
were the need of the hour because, he added, the country was
passing through a very critical juncture.
Amin Fahim said despite years of repressive policies adopted by the
rulers against the PPP, it had chosen the course for restoration of
democracy and protection of people's sovereignty.
He said in view of external threats and precarious security
environment on our eastern and western borders, depressing economic
situation, proliferation of sectarianisms amid deteriorating law
and order situation, it was necessary to address these problems
urgently through national reconciliation and by respecting people's
will.
He did not rule out the possibility of seat adjustments and said
this was part of electioneering but emphasized that his party would
contest on its own agenda.
Asked whether at any stage Gen Musharraf had offered him a
lucrative post if he quit the PPP, Makhdoom Amin Fahim instead of
saying a categorical no said "I cannot leave the party."
PPP acting secretary general Raza Rabbani said his party was not
prepared to empower any individual or institution to dictate as to
who should contest the elections and who should not. In the past
too, despite state repression against the party, it had never left
the path of democratic struggle.
Doubting the assurances of free, fair and transparent elections,
Mian Raza Rabbani said the voters' list, delimitation of
constituencies and selective application of NAB laws and measures
taken by Gen Musharraf during referendum amounted to pre-poll
rigging. He pointed out that during referendum campaign Gen
Musharraf had declared that those parties which supported him would
emerge victorious in the general elections.
As part of this policy, he alleged, the National Alliance and the
SDA were propped up to block the way of the PPP.
He also referred to discrimination against Sindh and referred to
the appointment of what he termed as politically motivated
ministers in the provincial cabinet. Three ministers, he said, did
not even fulfil the graduation requirement and one of them was bank
loan defaulter. He repeated his concern over the Governor Houses
being used for electioneering of the king's party.
Rejecting the Benazir-specific laws he termed the Legal Framework
Order as ultra vires and in confrontation with the constitution.
He said the LFO is neither federal parliamentary nor democratic. It
is an attempt to protect democracy trough a facade of democracy. He
was of the view that in view of undemocratic measures being adopted
by the regime, political instability would increase if elections
were not free, fair and transparent. There is bound to be a
conflict between the parliament.
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20020826
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Govt backing 'king's party', says PPP
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 25: The acting secretary general of Pakistan
People's Party, Mian Raza Rabbani, has apprised the Chief Election
Commissioner of the support of the government for the candidates of
the 'king's party' and urged him to take notice of the matter.
In a letter addressed to the CEC, Mian Rabbani wrote, "the Pakistan
People's Party has continuously brought it to the notice of the
Commission that the governor houses particularly in Sindh and
Punjab have been virtually converted into the election offices for
the candidates of the "king's party".
The resources and machinery of the provincial administration are
being used to put at serious disadvantage the contesting candidates
being supported by the PPP, he said.
Apprising the CEC of the newspaper report he wrote: "on Aug 23,
PML(QA) leaders Mian Muhammad Azhar, Chaudhry Shujaat Hussain and
Chaudhry Pervez Ellahi met at the Governor House, Punjab, to
finalize their list of candidates. The newspaper cutting of the
daily Dawn dated Aug 24 is attached and mark annexure-A".
Asking the CEC to take notice of the government's illegal
involvement in elections, Mian Rabbani wrote: "it is evident that
when candidates are decided in the Governor House, then the result
of the October elections particularly in the province of Punjab
becomes a foregone conclusion. Such blatant support to a political
party vitiates the atmosphere for free, fair and transparent
elections".
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20020826
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Imran to contest from Swat
-------------------------------------------------------------------
PESHAWAR, Aug 25: Chief of Pakistan Tehrik-i-Insaf, Imran Khan, has
filed nomination papers from National Assembly seat NA-29, Swat-1.
The PTI chief is facing seven other candidates: former NWFP
governor Miangul Aurangzeb, his nephew Adnan Aurangzeb from
Pakistan Muslim League (Quaid-i-Azam), Qari Abdul Baais of
Muttahida Majlis-i-Amal, Khurshid Alam Khan of PML, Saleemur Rehman
and Shamsher Ali of PPP, Azeem Khan advocate of National Awami
Party Pakistan and Qari Mehmood of MMA.
For the two National Assembly seats of Swat, 18 candidates have so
far filed nomination papers.-APP
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20020825
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NAB inquiry against former ETPB chief put off
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 24: The investigations initiated by the National
Accountability Bureau against the former chairman of Evacuee Trust
Property Board, Lt Gen Javed Nasir, who has allegedly swindled Rs3
billion have lately been put off for "unknown reasons," a NAB
official said.
"Yes investigations were going on against Mr Nasir but no case was
pending against him," a colonel at NAB's office in Lahore told Dawn
by phone.
The colonel did not comment on the reports that Mr Nasir had
slipped out of the country after pocketing a sum of Rs3 billion in
several shady land deals of EPTB. However, a NAB official at the
headquarters here denied that Mr Nasir had left the country.
The official could not give any reason why the investigations
against Mr Nasir had been put off and not pursued by the
Accountability Bureau as it had been doing in the cases of
corruptions against opposition politicians particularly former
prime minister Benazir Bhutto and her spouse.
The NAB official also refused to disclose the nature of
investigation pending against Lt Gen Javed Nasir who was also the
head the country's prime intelligence agency during the tenure of
former prime minister Nawaz Sharif.
Political parties had expressed their condemnation over the
government's attitude towards the corruption rampant in other state
institutions. "This has shown once again that the serving and
retired officers of army have been kept beyond the preview of
accountability," PPP spokesman Farhatullah Baber said.
The reports that government was turning a blind eye towards the
corruption of Mr Nasir in his capacity as the chairman of ETPB has
exposed the accountability drive of the present government. "It is
now clear that the on-going process is political motivated aimed at
keeping political opponents out of election contest," he added.
The PPP which had been facing brunt of accountability would lodge a
formal complaint with the NAB chairman Munir Hafeez to investigate
this scam and apprehend all those involved in it irrespective of
their rank or position.
Mr Nasir who after his retirement from service had been appointed
as the Chairman of Evacuee Trust Property Board reportedly made 20
land deals.
In one deal of five kanals and 16 marlas of land on main Ferozepur
Road Mr Nasir siphoned off over Rs4 million as the land was sold at
a throw away price of Rs348,000 against the market price of Rs4.5
million. In another deal of land in Karachi, a plot of market value
of Rs267m was sold at Rs5.6m.
Mr Nasir who had relinquished the charge of ETPB on July 16, 2001
on being denied the extension allotted 916 kanals of land in Lahore
to 11 different persons causing an estimated loss of Rs243 million.
Another plot of 48 canals on Super Highway Karachi was disposed of
by him at Rs48m against its actual price of Rs240m.
The saga of land deals of Mr Nasir did not end here, in yet another
deal of 100 kanals on main Raiwind Road Lahore, he made over Rs40m
as the plot was sold at Rs46m whereas it market price was Rs90m.
A piece of land between Lahore Airport and Defence Housing Society
was sold for Rs8.01m. At the time of deal it carried a market price
of Rs91.85m.
Mr Nasir also made huge amount of money in leasing out PASSCO
godown in Lahore and in construction of ETPB complex and Trust
Plaza here in the federal capital.
In serious misappropriation in the construction of ETPB complex the
former chairman caused a loss of Rs320m in the civil works alone.
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20020825
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NAB chief denies action against certain politicians
-------------------------------------------------------------------
Staff Reporter
LAHORE, Aug 24: National Accountability Bureau (NAB) chairman Lt-
Gen Munir Hafiez said no-one involved in corruption or plunder of
public wealth could or would escape accountability.
Speaking to reporters at a press conference, the chairman sought to
dispel general public perception that the NAB had been acting
"partially" against politicians opposing the military regime while
ignoring corruption of those supporting it. "I do not agree with
this perception."
However, he utterly failed to satisfy the reporters present there
who wanted to know how many "corrupt" from the PML-QA had been
nabbed. "Are those belonging to the PML-QA clean and honest and
those from the PPP and the PML-N dishonest and corrupt," some of
the journalists present wondered, quite loudly.
"The PML-QA has just been formed," the general defended the NAB,
adding some 24 cases were at different stages of probe,
investigation and prosecution against those belonging to the PPP,
30 against those from the PML-N and 33 others. However, he could
not name any pro-regime politician arrested by his organization.
But he promised that he would do his homework before he again meets
the press in future.
Replying to a question, he said all those politicians who had
actually been convicted by the court in accountability cases would
be barred from participating in the October polls. However, he was
unable to tell the number of such politicians.
In reply to another question, the general stated that the cases
against the members of the Sharif family exiled to Saudi Arabia had
been "adjourned sine die". "If they try to return, the same cases
would be reopened for prosecution," he said.
He said the government was making "normal" efforts for the
extradition of PPP chairperson Benazir Bhutto. "We are not focusing
on her extradition or making any special attempts for it."
The chairman said the NAB law was there to stay (even beyond the
October polls). However, he indicated that the government was
looking at it to make changes to improve it in the light of its
past experience and judgments given in the NAB cases by the courts.
"Attempts to improve the laws should continue to update and improve
them according to the needs of changing times. We have attained 85
per cent conviction and want to raise conviction rate to 100 per
cent," he added. He said the law had been validated by the Supreme
Court and given constitutional cover and made part of Schedule VI.
Though parliament (coming into existence after the general
election) would be the supreme institution, it would not be able to
repeal or change the law because presidential approval would be
required for it. "The process of accountability must continue after
the polls. The politicians would have to pledge for it," he said.
He stated the delays caused in the finalization of a case were due
to long time taken to investigate them to fulfil the needs and
requirements of the law and justice. "We don't want to file
uncooked references against anyone or implicate any innocent
person. That's why we take quite long to complete investigation and
collect concrete evidence against the accused. It is a wrong
impression that it is done to harass someone. We want to achieve
100 per cent conviction rate."
Speaking of the cases against Benazir Bhutto and her husband Asif
Ali Zardari, he said the decisions in those references were delayed
due to adjournments sought by the defence and not because of lack
of evidence and proof. "We have ample evidence against them. The
defence counsel are employing tactics to delay them."
The general said the NAB had never offered the choice of plea
bargain to any accused. "It is the accused who confesses to his
crime and agrees to return the amount plundered by him through plea
bargain. First the application goes to the regional NAB committee
and then to a central committee for decision. If the committee
considers that the accused is offering to return all the amount
looted by him, it is referred to the court for a decision for the
purpose of transparency. We, the NAB, have nothing to do with it."
The chairman did not agree that the NAB had adversely affected the
business climate in the country. He said the NAB had helped the
banks recover Rs7 billion from the defaulters and created a "clean
business environment". "Foreign investment is increasing in the
country and stock markets are booming because of our drive to root
out corruption and recover the looted public money," he insisted.
He said the NAB had proposed to the government to merge anti-
corruption and economic crime wings of the FIA with it. He said the
NAB had demonstrated its ability to deal with these crime which was
why it had put forward this proposal to the government. Besides, he
said, such cases should be registered, probed and prosecuted under
a uniform law. At present, the punishments awarded under the NAB
law were more strict than the laws under which the FIA registered
the cases. He said the final decision in this regard would be taken
by the government.
He said no political party had so far refused to participate in the
National Ehtesab Conference being organized by the NAB. However, he
added, the heads of parties might not be able to attend the
conference because of their preoccupation with the general
elections.
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20020825
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Ms Bhutto 'qualified' to contest polls
-------------------------------------------------------------------
By Majeed Gill
BAHAWALPUR, Aug 24: PPP chairperson Ms Benazir Bhutto is qualified
in every respect to contest the elections and even the rules framed
by the government do not disqualify her in any way. This was stated
by PPPP leader Aitzaz Ahsan, who filed his nomination papers from
NA-187 (Bahawalpur five), while talking to Dawn.
He said the government's contention was entirely wrong because Ms
Bhutto was convicted for not appearing in NAB courts. He said the
NAB Ordinance could not be applied to Ms Bhutto till she returned
to the country.
According to the NAB Ordinance, he said, it was only applicable to
only such Pakistanis abroad who had been in the government service.
But, Aitzaz said Ms Bhutto had never been in the government service
for a single day.
He said under Article 260, a prime minister or MNA was never
considered and treated as a government servant. Hence, he said,
that under Section 31(A) of the NAB Ordinance whatever sentences
had been passed against Ms Bhutto had no legal binding and that her
nomination papers could not be rejected.
Secondly, he said, in the light of a Supreme Court judgment in the
case of Liaquat Hussain in 1999, the trial against anybody in
Pakistani courts could not be initiated in any offence in his/her
absence.
This ruling of the Supreme Court was applicable to all cases and
offences and none of them was exempted from it, he said. If any one
was accused of absence from court or was absconding, then in
accordance with the SC judgment, the trial against such person
could only be initiated when either he was arrested and brought to
court or surrendered himself to court. He said in that case the
alleged accused could also produce the reason of his absence from
court.
Mr Ahsan said that as the convictions to Ms Bhutto were announced
in absentia, hence legally and constitutionally, these did not
exist. He said on this ground and other legal basis, the PPPP was
of the firm view that neither Ms Bhutto could be prevented from
returning to Pakistan nor her nomination papers could be cast away.
To a question, Mr Ahsan said that if the RO rejected her papers, it
would be challenged in the Supreme Court. But, he said, we were
confident that courts would admit our point of view.
He said if Ms Bhutto's papers were not accepted, then party's CEC
and ARD would meet and decide the future course of
action.Meanwhile, Mian Riaz Hussain Peerzada (Millat Party) and
Syed Tasneem Nawaz Gardezi (PML-QA) filed papers from NA-186
(Bahawalpur four), Rizwan Akhtar from (PP-273) and Dr Muhammad
Afzal (PPP) from PP-276.
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20020825
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Musharraf has enslaved Pakistan, says Benazir
-------------------------------------------------------------------
By Amanullah Ghilzai
LONDON, Aug 24: The PPP Chairperson, Benazir Bhutto, has accused
President Pervez Musharraf of enslaving the Pakistani nation to
foreigners to promote his dictatorial rule.
Addressing a big rally to mark the start of the party's election
campaign here in the famous Trafalgar Square in Central London, Ms
Bhutto specifically termed president Bush's support for Musharraf
as deplorable. She said the world community should treat "the
Pakistani dictator" in the same manner as it deals with President
Robert Mugabe of Zimbabwe, and Saddam Hussain of Iraq.
In her bilingual speech - Urdu and English - Ms Bhutto mostly
focused on Pakistan's foreign policy, though occasionally, she
touched on domestic issues as well.
She said, as the situation in the South Asian region is tense,
Pakistan needed a democratically-elected government to help ease
the recent tension in the region.
"History shows that democracies never go to war against other
democracies," she said.
She compared President Musharraf with Mulla Omar of Afghanistan.
"Musharraf wants to become the king and Amirul Momineen of Pakistan
as Mulla Omar.
"Omar's policies resulted in the destruction of his country, but
the people of Pakistan would not allow Musharraf to let their
country be ruined by their own dictator," she added.
Ms Bhutto expressed sadness over the death of many Pakistani youths
who suffered and died in Afghanistan and deplored the attitude of
several religious leaders and the government for what she said,
were doing very little to secure their safe release.
Referring to the corruption charges against her, she said: "The aim
of the military government is to keep me away from politics.
The corruption charges against me and many other political leaders
are politically motivated," she added. She also accused President
Musharraf of buying 300 acres in Bahawalpur.
Referring to the recent amendments by President Musharraf, she
said: "These amendments are an insult to 140 million Pakistanis."
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20020826
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182 papers filed for NA seats in Balochistan
-------------------------------------------------------------------
Staff Correspondent
QUETTA, Aug 25: In Balochistan, 182 nomination papers were filed by
candidates for 14 National Assembly seats and 685 papers were
received for 51 general seats of the Balochistan Assembly.
According to sources 17 nomination were filed by candidates of
different political parties for three reserved seats for women in
the National Assembly.
For the 11 reserved seats for women in Balochistan Assembly, so far
43 candidates have filed their nomination papers and for the three
reserved seats for minorities, 29 candidates submitted their
nomination papers with the returning officers.
The prominent candidates who have filed their nomination papers for
NA-259, Quetta, include, Khalid Dogar from Pakistan Muslim League,
Mir Taj Mohammed Jamali from National Alliance, Maulana Hussain
Ahmed Sharoodi and Maulvi Noor Mohammed from Muttahida Majlis-i-
Amal, Khudai Noor from Jamhoori Watan Party, Mehmood Khan Achakzai
from Pakhtoonkhwa Milli Awami Party, Saifullah Khan Paracha from
People's Party Parliamentarians, Yehya Bakhtiyar, Saadat Ali
Hazara, Yousaf Shahwani, Jawad Ali and Abdul Majeed Ghori. They
filed their papers with the returning officer, additional sessions
judge-I, Raja Jawad Abbass Hassan.
The candidates who filed their nomination papers from NA-260,
Quetta-cum-Chaghai Mastung, with the RO, additional session judge-
III, Abdul Rashid Umrani, include, Hafiz Hussain Ahmed of MMA,
Sardar Fateh Mohammed Mohammed Hassani and Mir Attaullah of PPP,
Haji Baloch Khan and Hafeezullah of PML(Q), Abdul Wahid Shakir of
Balochistan National Democratic Party, Dr Abdul Hakim Lehri of
Balochistan National Congress, Habib Jalib Baloch advocate, Sajid
Tareen advocate of Balochistan National Party (Mengal), Muheem Khan
Baloch of BNP(Awami), Husain Ali Mir Nawaz Khan, Mohammad Jajeeb
Sajrani, Abdul Rashid, Hafizullah and Ghulam Farooq.
The eminent candidates from PB-I include former provincial minister
Gul Zaman Kasi of PML(QA), Shafiq Ahmed of PPP and Syed Abdul Qadir
Agha of PMAP; from PB-II, Maulavi Noor Mohammed of MMA and Ghulam
Ali Azad of PML(QA); from PB-III, Arbab Mohammed Hashim of NA and
Maulavi Noor Mohammed of MMA; from PB-IV, Khalid Dogar of PML,
Maqbool Lehri of PML(QA) and Dr Hakeem Lehri of BNC; from PB-V,
Sana Baloch of BNP(M) and Abdul Wahid Shakir of BNDP and from PB-
VI, Maulana Abdul Ghafoor of MMA, Qasim Lango of JWP and Yousaf
Khan Kakar of PMAP.
Others who filed their nomination papers for the National Assembly
include Mir Zafarullah Khan Jamali, Sardar Mohammad Aslam Raisani,
Dr Abdul Hayee Baloch, Ayub Jatak, Dr Mohammad Yasin, Maulana Abdul
Haq Baloch, Sana Baloch, Maulana Abdul Ghafoor Haideri, Mir Baz
Khan Khetran, Habib Jalib Baloch, Abdul Rauf Mengal, Mian Saifullah
Peracha, Sardar Yaqoob Khan Nasar, Sardar Gul Mohammad Domar and
Obaidullah Babit.
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20020826
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80 file papers for NA, PA seats in Peshawar
-------------------------------------------------------------------
Bureau Report
PESHAWAR, Aug 25: About 80 candidates filed nomination papers to
contest the polls for the four National Assembly and 11 NWFP
Assembly seats of Peshawar District constituencies.
Only two ex-parliamentarians - Arbab Zahir of ANP and Iqbal Zafar
Jhagra of PML-N -submitted their nominations as most of the former
law makers either could not qualify to contest the General
Elections owing to graduation condition or fielded their close
relatives on different seats.
Similarly, only six ex-MPAs - Iftikhar Jhagra, Bashir Bilour, Haji
Adeel, Hidayatullah Chamkani, Ayub Shah and Arbab Ayub Jan - filed
papers.
Around 20 candidates, till the filing of this report, had filed
papers for the National Assembly seats in provincial capital: For
NA-1 (Peshawar I), papers were filed by Bashir Bilour, his son
Usman Bilour, NWFP PML-N Secretary-General Iqbal Zaffar Jhagra,
Advocate Mohammad Khurshed of PPP, Moazam Butt of PML-QA, Shabir
Ahmad Khan of MMA and a leader of PPP (Sherpao), Aurangzaib
Mohmand.
Arbab Alamgir, son of former NWFP chief minister Arbab Jehangir,
who recently quit the ANP and joined the People's Party
Parliamentarians, filed his papers for NA-2 (Peshawar II). His
opponent candidates are Khalid Ayub of the Pakistan Awami Tehrik
(PAT) and Kashif Azam, an independent candidate.
Seven aspirants, who filed papers for NA-3 (Peshawar III), are
Kiramatullah Chagermati of PPP, Hidayatullah Khan Gara of PPP
(Sherpao), Arbab Ayub Jan of National Awami Party Pakistan, Sardar
Alam of MMA, two independent candidates Mohammad Naeem and Advocate
Akhter Ali Khan and Saleem Akber of Pakistan Awami Party.
Only three candidates - Arbab Zahir of ANP, Iqbal Zaffar Jhagra of
PML-N and Sabir Hussain of Muttahida Mujlis-i-Amal (MMA)-filed
papers for NA-4 (Peshawar IV).
About 60 nomination papers were submitted for the 11 NWFP Assembly
seats: 10 contestant filed papers for PF-1, six for PF-2, nine for
PF-3, eight for PF-4, eight for PF-5, five for PF-6, two for PF-7,
three for PF-8 and three each for PF-9, PF-10 and PF-11.
Candidates of all the major political parties and alliances
including PPP, ANP, PML-N, PML-QA and MMA fielded will fight for
the 11 provincial assembly seats.
NWFP PML-QA chief Saleem Saifullah Khan will contest for PF-4 while
ex-provincial assembly speaker Hidayatullah Chamkani and former
deputy speaker Haji Adeel of ANP will fight for PF-11 and PF-6,
respectively. Jabran Adeel, son of Haji Adeel, also filed papers as
covering a candidate for his father.
Bashir Bilour and Usman Bilour also filed papers; one of them will
contest polls for NA-1 and the other for PF-3. Ex-provincial
minister Iftikhar Jhagra of PPP will contest for PF-9.
Only two women aspirants - Advocate Ghalba Khursheed and Yasmeen
Shirazi- will contest polls for PF-3 on general seats quota.
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20020828
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Non-Muslims not barred from becoming judges: SHC
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 27: The Sindh High Court has held that there is no
constitutional bar to prevent a non-Muslim from becoming a judge of
the High Court. This has been held by a bench of the SHC which
disposed of a constitutional petition in which, among other things,
appointment of Justice Rana Bhagwandas was challenged.
The bench comprised Justice Zahid Kurban Alavi, Justice Shabbir
Ahmed and Justice Ghulam Rabbani.
Petitioner M. Shafi Muhammadi, who is a practising advocate,
through a constitutional petition (No D-412/1998), had prayed that
the respondent had no authority to appoint any judge in violation
of the Islamic points deduced in the judges case and/or to act on
un-Islamic points in violation of the Qadiani's case with reference
to the points decided by the Federal Shariat Court (FSC).
It was his contention that the respondent had no authority to
appoint Rana Bhagwandas, a Hindu, in violation of Islamic concept,
otherwise it should be amounting to declare the Qadiani's case to
have been decided on self-made presumption.
It was also his contention that the respondent had no authority to
appoint Ms Majida Rizvi, former judge of the High Court, to deal
with each and every kind of case, including Hudood and Qisas cases.
The petitioner had also questioned the respondent's authority to
issue the notification dated September 30, 1996 to regularize the
appointment of Justice Rana Bhagwandas, in violation of the Islamic
concept or in violation of Verse 141 of Surah Al-Nisa of the Holy
Quran or to regularize the appointment of former Justice Majida
Rizvi, without clarifying that she could not sit over Hudood and
Qisas cases.
It was also his prayer not to regularize the services of any judge
already appointed in violation of the Islamic points which were
highlighted in the Judges cases; to restrain Bhagwandas from
working as judge of this Court; and to restrain retired Justice
Majida Rizvi from sitting over the cases involving Hudood and Qisas
matters.
The petitioner had further alleged that under the garb of the
Judges case, Justice Sajjad Ali Shah (as he then was the chief
justice of Pakistan) followed the first point to get persons of his
own choice appointed in Sindh by ignoring the criteria which was
set in "the Judges case; Rana Bhagwandas, J., was not confirmed by
the government of Benazir Bhutto, like other judges, but was got
confirmed by the chief justices concerned after the Judges case as
per notification dated 30.9.1996.
A question arises whether Rana Bhagwandas, J., a Hindu, who is not
a Muslim by his own belief, can keep the sacred book of the Holy
Quran in his hand particularly in the light of the judgment in the
Qadiani's case who claim to be Muslims but are not treated as
Muslims by any other Muslim sect in Pakistan, and the government
has failed to treat the appointment of Bhagwandas to be un-Islamic,
illegal and unconstitutional because he would have no right to keep
the Holy Quran in his hands to decide cases in accordance with the
Islamic principles.
It was also the petitioner's contention that to some extent the
appointment of former justice Majida Rizvi also fell within the
ambit of certain important points which were not disputed by
different Muslim jurists.
It was further urged in the petition that Bhagwandas's appointment
as a judge of the SHC was against the provisions of the
Constitution of the Islamic Republic of Pakistan, he being not
qualified to be a judge, all his decisions from the date of
appointment as judge of the SHC were void without jurisdiction,
hence corum non judice and he was again guilty of misconduct. His
appointment and the notification issued in this regard were both
void and invalid.
After hearing counsel, the bench held that article 193 of the
constitution dealt with the appointment of High Court Judges. There
was no bar specifically mentioned in the articles which would
prevent a non-Muslim from becoming a judge of the High Court.
In fact, the bench held, under article 203-A qualification as
regards a judge of the FSC was concerned, it was clearly mentioned
that a person should be an Aalim well versed in the knowledge of
Shariah. The constitution also specifically mentioned Muslim
judges, therefore it would be logical to conclude that a non-Muslim
could not be a judge of the FSC. There was no such bar or a
specific mention that there had to be a Muslim judge in respect of
the High Court.
In the judgment authored by Justice Zahid Kurban Alavi, the bench
was also of the view that various Fiqhs and observations of most of
scholars, especially in respect of the qualifications of a Qazi did
acknowledge that all services would be open to Muslims and non-
Muslims alike. There was definite emphasis on the fact that for a
Qazi to sit and adjudicate on a dispute requiring interpretation of
Shariah it would be necessary for the Qazi to be not only well
versed in the knowledge of Islam, but also he should have full
faith in the religion.
Justice Alavi observed that it would be appropriate to note that
wherever the makers of the constitution had intended to debar a
non-Muslim from holding any public office then explicit and
specific provision to that effect had been incorporated in the
constitution.
"We have no authority or power to pass a restraining order against
a judge of the Supreme Court," held the bench.
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20020825
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Agosta launched; ship deal on cards
-------------------------------------------------------------------
By Shamim-ur-Rahman
KARACHI, Aug 24: As Pakistan Navy launched the first indigenously
built Agosta 90B submarine on Saturday, six months ahead of sea
trials, it announced to negotiate a similar deal with China for the
construction of four surface ships.
"We have achieved a very big (defence) capability," said Chief of
the Naval Staff, Admiral Abdul Aziz Mirza, at the launching
ceremony at the Naval Dockyard here.
"Pakistan Navy today joins the elite club of a very few countries
which have the ability to build submarines," said the naval chief.
The launching of submarine "SAAD" is Pakistan Navy's biggest
achievement and contribution towards indegenization and self-
reliance. With this launch, PN's submarine strength has increased
to nine, said the naval chief.
The submarine is equipped with four bow torpedo tubes and missiles,
with its fighting capacity coordinated by the French-made Submarine
Tactical Integrated Combat System (STICS).
According to Pakistan Navy, the Agosta 90-B has been designed to
operate as an anti-submarine, anti-surface and intelligence
gathering platform and is also capable of diving deeper than 300
meters (about 1,000 feet) with a maximum sprint speed of 20 knots
(40 kilometres per hour).
Presence of the Chairman of Direction des Constructions Navales
(DCN), France, at the launching ceremony, whose 11 engineers were
killed and 12 were injured in a car bomb explosion here on May 8,
symbolized the continuation of cooperation between the two
countries.
He said the third Agosta 90B, being built indigenously, will be
launched sometimes next year. Admiral Mirza later told newsmen that
for the third Agosta, 70 per cent of construction work would be
carried out here whereas some sections would be imported from
France.
The contract for the construction of three such submarines was
signed in 1995 but the work on the project was initiated in 1997.
The first submarine, KHALID, built in France, was inducted in the
PN fleet in 1999.
About the future plans of shipbuilding in Pakistan, Admiral Mirza
said the government has okayed plan for the construction of four
surface ships for which we want to negotiate a deal with China on
transfer of technology basis.
One of the four F-22 P type 2,500-ton frigates will be built in
China while the remaining three will be built in Pakistan in the
existing facilities, said Admiral Mirza.
He said that acquisition and construction of surface ships was also
a priority for the Navy. It is necessary that after the
construction of these three submarines this program should continue
in the future, he emphasized.
Replying to a question, he said that despite the presence of a
large number of submarines in the Indian fleet, Pakistan has an
edge as far as the submarine capability - weapon systems, sensors
and missile system - is concerned.
He dispelled the impression that India could mount a blockade of
Karachi and said there is a lot of difference between the 1971
situation and the current circumstances. He stated that our
aviation assets also have missiles. So now the enemy cannot even
think of anything like the blockade of Karachi. If their ships do
come near Karachi then we will get the best target, he added.
Referring to the incident in which French engineers fell victim to
terrorist attack in Karachi, Admiral Mirza said that though this
could have inflicted irrevocable damage, the Agosta project
remained on track, "thanks to the excellent cooperation between
France and Pakistan."
"This is a message to those who committed the cowardly act of
terrorism that such incidents will not deter or dissuade the two
countries from achieving the common desired objectives," said
Admiral Mirza.
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20020827
-------------------------------------------------------------------
Benazir's media trial plea disposed of
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 26: The petition filed by PPP chairperson Benazir
Bhutto on Oct 16, 1997, against her media trial came up for
rehearing before a special division bench, comprising Justice S.
Ahmed Sarwana and Justice Mujeebullah Siddiqui.
The petition related to the media campaign initiated by former
senator Saif-ur-Rehman, the then chairman of the Ehtesab Cell, at
the behest of Nawaz Sharif through government controlled electronic
media - Pakistan Broadcasting Corporation and the PTV.
Counsel for the petitioner, K. M. Nadeem; deputy attorney general
Nadeem Azhar for the federation and Azam Lone, counsel for the PTV,
were present. Mr Jawed advocate for PBC was noted absent.
Counsel K. M. Nadeem referred to ground No 5-A of the amended
petition, which says that "Respondents No 5 and 6 (PBC & PTV) by
the nature of their organizational structures are designed to be
public service institutions. They are required to be fair, correct,
impartial, and balanced in dissemination of information/news
through broadcasting or telecasting. Particularly such information/
news which is likely to affect the good name and reputation of a
citizen.
"The two respondents, although controlled by the government, are by
constitution and law required to act accordingly in case any
adverse material/information is being broadcast or telecast.
"The affected party, on the basis of principles of natural justice
and constitutional and legal guarantees, is entitled equally to
comment or contradict the allegations, which opportunity has to be
afforded to the affected party by the respondents. Such has not
been done in the case of the petitioner who has been maliciously
victimized selectively and singularly."
He also drew the court's attention to prayer clause G, in which the
petitioner had sought court's indulgence in prohibiting "the media-
trial' of the petitioner, directly or indirectly, without proof and
without affording her due opportunity to comment upon or contradict
the false and baseless allegations and to direct the respondents No
5 and 6 to be fair, correct, impartial and balanced by providing
equal opportunity to the petitioner affected by the news as and
when telecast or broadcast affecting or likely to affect the person
and/or property of the petitioner."
Counsel for PTV, Azam Lone, claimed that he had not received
Rs5000.00 by way of costs as ordered by the court. The cost was
forthwith paid by the counsel for the petitioner, K. M. Nadeem, who
submitted that the petitioner had already paid a sum of Rs10,000 by
way of cost and deposited the same with the high court bar library
as ordered.
With the consent of the parties, the prayer clause 'G' has been
allowed with the direction that the PBC and the PTV shall remain
balanced, fair, and impartial in their broadcasting and telecasting
in respect of the petitioner. With these directions the petition
was disposed of.
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20020828
-------------------------------------------------------------------
Zardari to be shifted to 2nd floor of Pims
-------------------------------------------------------------------
Staff Reporter
RAWALPINDI, Aug 27: After the Islamabad police has declared the
shifting of Asif Ali Zardari, to the Police Line Headquarters
hospital a risk, the district administration has decided to remove
Mr Zardari to the 2nd floor of the Pims hospital during the early
hours of Wednesday, official source said on Tuesday.
The interior division had already been directed by the health
ministry that the jailed PPP leader, who is under-treatment in the
Pims hospital, should be shifted to the Police Lines Headquarters
hospital, Islamabad. The source said the directives were given in
view of the problems being faced by the patients due to the
presence of political prisoners in the hospital. But, the police
refused to give security clearance for the shifting of Mr Zardari
to the police line hospital, therefore, the interior division
decided to remove Mr Zardari to Pims , the source said.
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20020827
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SC rejects Wattoo's poll plea
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 26: The Supreme Court dismissed three petitions
filed by politicians convicted on the charges of corruption,
seeking permission to contest forthcoming general elections.
Two petitions were filed by Mian Manzoor Ahmad Wattoo, former chief
minister of Punjab and by Makhdoom Ali Raza Shah, former MPA of
Punjab.
Senior counsel, S. M. Zafar, represented Mian Manzoor Ahmad Wattoo
and contended that disqualifying a politician was equivalent to
awarding death sentence to an accused of murder.
He asked the apex court to set aside the LHC order wherein it had
turned down the request of convicted politician, to hear his appeal
at urgent basis.
Manzoor Wattoo had approached the LHC to take up his petition at
urgent basis. The request was turned down by the LHC office. When
it was challenged before the judge, he upheld the office order.
The SC bench comprising Justice Qazi Mohammad Farooq, Justice
Deedar Hussain Shah and Justice Mohammad Nawaz Abbasi, after
hearing S. M. Zafar and NAB prosecutor general Naveed Rasool,
dismissed the petitions.
Makhdoom Ali Raza Shah, another petitioner, was convicted on the
charges of building community centre at his personal property with
the government funds of Rs 260,000. He stated that he had returned
the amount to the government and even then his case was sent to the
court which convicted him. He also sought permission to contest
forthcoming election which was denied to him.
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20020826
-------------------------------------------------------------------
Mansur's petition hearing on 28th
-------------------------------------------------------------------
Staff Reporter
KARACHI, Aug 25: A division bench of the Sindh High Court would
take up on Aug 28 Mansurul Haq's constitutional petition
challenging the fresh reference instituted against him by NAB
authorities, despite a plea bargain.
The petition was filed by his counsel Iqtidar Ali Hashmi after he
had requested a division bench to stop proceeding on his petition
for enlargement of his client on bail in the reference which he
termed illegal and based on malafide intentions.
The petitioner has prayed for declaring that filing of fresh
references against him, including reference No 25 of 2002 filed
recently at Karachi by the National Accountability Bureau, illegal
and without any legal force.
He also prayed for restraining the respondents from instituting any
further inquiries /proceedings and references against him in view
of the plea bargain settled before an accountability court at
Rawalpindi in the reference No 43/20001 wherein more than double
the amount alleged against the petitioner was paid.
It is also his prayer that compliance with the accountability court
No III Rawalpindi Order of June 15, which envisages return of his
assets as well as those of his relations, be ordered.
It is the petitioner's case that institution of inquiries by the
chairman of the Ehtesab Bureau, Saifur Rahman, in spite of firm
commitments made by the then prime minister, Nawaz Sharif, who has
asked the petitioner to resign, was absolutely against the ethical
norms.
It is his case that in any case the plea bargain settlement in the
earlier reference No 43/2001 wherein he had paid 7.5 million US
dollars instead of 33, 69,383 US dollars the total amount alleged
to have been taken as share of kickbacks and commission, in any
other proceeding by way of reference or inquiries and allegations
is illegal and without any force of law.
It was also against the firm assurances made by the NAB chairman
personally, who at his own will had contacted the petitioner, for a
plea bargain during pendency of the reference. It is his case that
the statement of the highest functionary of NAB was recorded during
the pendency of the plea bargain and, it was categorically stated
by the Prosecutor-General Accountability (PGA).
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20020825
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Meerwala case verdict on 27th
-------------------------------------------------------------------
Staff Correspondent
MULTAN, Aug 24: The Dera Ghazi Khan anti-terrorism court will give
its verdict on the Meerwala gang-rape case on Aug 27 as both
prosecution and defence concluded their arguments.
In his final arguments, special public prosecutor Ramzan Khalid
Joiya demanded exemplary punishment for the 14 accused while
declaring them guilty of a 'planned' gang-rape.
Replying to the arguments of the defence counsel, Mr Joiya admitted
that two real brothers could not commit 'zina' (rape) in each
other's presence if it was a matter of compromise. When it came to
revenge, he said even a father and son could commit 'zina'
together.
"Wasn't it astonishing that accused Abdul Khaliq met the shock of
his life after seeing Shakoor in an objectionable condition with
his sister Salma in the afternoon and at night the same day he
(Khaliq) had garlanded himself as a groom," said the prosecutor.
He expressed surprise that the accused again locked Shakoor and
Salma in a room. He pleaded, in fact, the accused staged a drama to
cover up the sodomy committed to Shakoor by his (Khaliq's) brother
Punnu and his accomplices Manzoor and Jamil.
On substitution of Fayyaz, he said this accused was arrested in the
second week of July last and the challan was submitted in the case
of July 18. But, he said none of his relatives had during this
period pointed out that he had been arrested instead of the actual
culprit. The same was the situation with accused Ghulam Farid, he
added.
He asked why didn't the defence got them identified from any of the
prosecution witnesses, including the victim, despite having doubts
over their identity.
The prosecutor said Mukhtaran Mai had identified them as among her
tormentors. He said accused Khaliq in his statement at first
instance said he only took the girl (the victim) away from the
Panchayat but did not mention any 'nikkah' with Mukhtaran Mai. He
argued that the 'nikkah' story was a 'concocted statement' of the
defence.
Concluding his remarks, Mr Joiya argued that it was the theory of
law that time, place and mode were important regarding the
occurrence of a crime. He said the defence had admitted facts about
time and place as described by the prosecution.
He also pleaded that the defence in its final arguments had tried
to confront PW11, PW13 and PW14 with their alleged statements given
to the Dera Ghazi Khan Range SP (crime) Mirza Abbas, whom the
defence had first called as its witness and then declared him
'hostile'. The prosecutor asked what moral and legal authority was
left with the defence that it mainly relied on the file of an
official against whom it expressed distrust in the court.
He said the SP crime was entrusted with a task to probe only
inefficiency, irregularities and corruption among the Jatoi police
ranks and that he had nothing to do with the case under trial at
the court. He pointed out that the SP's inquiry had no mention of
the police malpractices.
Earlier, the defence completed its arguments before the court. On
the third-day running, defence counsel Malik Muhammad Saleem said
on June 22 last only the complainants (Gujjar family) were anxious
to strike a compromise with the Mastois because Shakoor had been
taken by the police after he was caught red-handed with Salma while
committing 'zina'.
He said, therefore, the complainants agreed to the demand of Abdul
Khaliq for his instant 'nikkah' with Mukhtaran Mai as a patch-up
for the release of Shakoor from the police custody. Otherwise, he
said it was unnatural to assume that Sabir went to the police
station along with Abdul Khaliq to get released Shakoor, though, a
short while ago four persons including Khaliq had gang-raped his
(Sabir's) niece.
Concluding his arguments, the defence counsel reiterated man-made
laws were no match for Allah's divine law which called for
testimony of four eye-witnesses to award punishment to the accused
in a rape case.
He alleged the Meerwala incident was the outcome of the 'villainy'
of Maulvi Abdul Razzaq (PW11) and a conspiracy against Islam.
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20020827
-------------------------------------------------------------------
PIA to buy 10 aircraft
-------------------------------------------------------------------
Staff Reporter
ISLAMABAD, Aug 26: Pakistan International Airlines Corporation
(PIAC) will purchase 10 new or slightly used aircraft by 2003 to
modernize its fleet.
"We have just purchased six used B747-300 aircraft from Cathay
Pacific and now we have been allowed by the federal authorities to
induct 10 more aircraft into PIA fleet for which $150 million was
also offered by the government", said secretary defence and
chairman PIAC, Lt-Gen(retd) Hamid Nawaz Khan.
Speaking at a news conference he said Aircraft Acquisition
Committee headed by Vice Chief of the Air Staff, Air Marshal Salim
Arshed was holding indepth discussion with Boeing and Airbus
companies to acquire 10 aircraft for PIA on competitive prices and
without allowing anyone to indulge in kickbacks and commission.
He said the committee has worked out a 10-year fleet replacement
plan covering in detail financial, operational and marketing
aspects as an integral part of the PIA's business plan to set the
strategies and competitive direction for the next decade. The vice
chief of air staff and managing director of PIA Chaudhry Ahmad
Saeed were also present on the occasion and talked to newsmen.
The PIA chairman said that three B-777 family of aircraft will be
purchased by 2003. Similarly, he said the PIA will acquire 7
Turboprop aircraft by 2003 to replace F-27 aircraft.
Responding to a question he said that since prices of aircraft have
declined substantially due to events of Sept 11, PIA was likely to
go for new aircraft. "But we do have option, either to purchase new
aircraft directly from Boeing or to consider leasing of new/used
aircraft", he said adding that purchase/lease of slightly used
aircraft from United Airlines or the combination of new and used
aircraft could also be considered.
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20020829
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Masood Azhar's remand extended
-------------------------------------------------------------------
Staff Correspondent
BAHAWALPUR, Aug 28: Judicial magistrate Tariq Javed extended till
Sept 10 the judicial remand of banned jihadi outfit Jaish-i-
Muhammad chief Maulana Masood Azhar. Judicial remanded was extended
upto September 10. He will remain lodged in new central jail here.
Maulana Azhar was booked on August 14 under MPO 16 by Dera Ghazi
Khan police and detained at his house in Kausar Colony. Later, he
was shifted to the new central jail on 14 days judicial remand.
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20020829
-------------------------------------------------------------------
Order on Zardari's release plea reserved
-------------------------------------------------------------------
KARACHI, Aug 28: A bench of the Sindh High Court reserved its order
on a miscellaneous application filed by Hakim Ali Zardari, seeking
release on bail on medical grounds, suspension of impugned sentence
and fine awarded to him by an accountability court.
The bench comprised Justice Mohammed Roshan Essani and Justice
Mohammed Mujeebullah Siddiqui.
Counsel for Mr Zardari, Barrister Azizullah Shaikh, submitted that
the applicant is an old man of 76 years. He relied on a medical
report of a special medical board which had examined the applicant
on the orders of a SHC bench, dealing with the bail application of
the applicant.
The accused has been suffering from Osteoporosis and Arthritis and
has been under medical care, he added.
The counsel relied on a number of judgments by the Supreme Court,
including Manzoor Watoo versus the state and Mohammed Saeed Mehdi
cases.
Deputy prosecutor general, NAB, Anwar Tarique, relied on the
judgement in Usman Farooqui case and said that bail was denied even
after medical grounds were agitated.
"The applicant has been convicted and what is the guarantee that he
will return to the country after treatment," he maintained. The
court said the accused can be asked to submit sufficient security.
The NAB counsel objected to the prayer by the applicant for
suspension of fine and forfeiture of immovable assets of the
applicant.
Barrister Shaikh submitted that it would be sufficient if the court
ordered that no third party interest was created in respect of
property owned by the applicant.
The bench observed that auction of the said property could be
stayed and then reserved the orders.
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20020830
-------------------------------------------------------------------
New rules for US student visa
-------------------------------------------------------------------
KARACHI, Aug 29: Students intending to acquire an education in the
United States have been advised to apply two to three months in
advance for the visa. This was stated by an official of the US
government here.
He said that the US has been changing the manner in which it
processes the visas for many people around the world.
The official said that the US has been known for years as one of
the freest country's in the world, and that it welcomes visitors,
students and others from outside the US. "Unfortunately, some
people have abused our welcome and they conducted acts of terrorism
against the United States last year. As a result, (the) United
States government has been reviewing the visa process and has added
some additional steps for certain categories of people before a
consular officer can issue a visa," he added.
He said that prior to Sept 11, consular officers had the right to
interview a person and make a decision almost immediately regarding
the issuance of visas.
The official said that now, in addition to the responsibility of
the consular officer to determine someone's eligibility for a visa,
information about the applicant needs to be sent back to the US for
additional checks and processing before a visa can be issued.
He made it clear that this is not a requirement that has been
levied against Pakistanis alone. The requirement has been levelled
against many people in the world. The official said that this is
just one of the costs that is a result of the events of Sept 11.
He maintained that the additional checks are aimed at knowing who
is in the US, and for what purpose they are coming.
The official said that though visa functions still stay with the US
department of state, the policy in regard to visas and processing
is going to be set by the department of homeland security - the new
government department that has been created by US President Bush.
Homeland security will set the policy, and the department of state
will execute this policy.
The official pointed out that there have been some additional
regulations passed by the US immigration service during this
period. Now, no one who is in the US on a tourist visa can start
studying in an institution unless they go outside the US, obtain a
proper student visa and then reenter