Posts Tagged ‘Chief Justice’

Tycoon in a Typhoon

June 14, 2012

By: Ghalib Sultan
ZoneAsia-Pk

There is that story about a bull frog that wanted to be the biggest and kept puffing himself up till he burst. Now everyone knows, of course, that a bubble if it continues to expand must at some point burst and splatter everybody around it. So it is with an empire, real estate or some other kind, that crashes when it has overextended itself or made so many enemies that it cannot handle them. This is what the real estate tycoon Malik Riaz has discovered when for reasons best known to him he decided to go public with information damaging for a particular individual and a specific institution. Inevitably the focus has shifted to him and his activities and the spectrum is widening by the day—in fact by the minute.

The fact that meticulous records were kept of all payments, hotel bills, credit card receipts and videos made of hotel rooms and people suggests that there was a definite purpose behind recording the purportedly extorted money. There must have been the idea that at some point the whole exercise would be turned into a sting operation to destroy the person who was supposed to play ball in return for the favors being given. This is what has happened and the reason advanced by the tycoon for going public at this stage is that he was tired of doling out cash and getting nothing in return— the classic methodology for becoming the underdog in public perception by presenting himself as the victim of blackmail by the offspring of an authority figure-the Chief Justice—and insinuating much more by hinting at meetings in the dead of night and other shenanigans.

The media has gone berserk with all TV anchors in overdrive. A list of media people has surfaced on the net with details of how much each was paid by the tycoon in cash and kind sending some of them into steep tailspin without any control. Many are using the airspace available to them to defend themselves and those not in the list are making sure that the listed ones stay in the limelight. The listed ones are trying to widen the net by dragging in the tycoon’s deals with the military and in desperation even hinting at the kin of other powerful figures being involved in shady deals. The picture that is emerging is not a pretty one but it is a familiar one—rags to riches tycoon who brags openly about his ability to get his way through bribes and of his connections with the high and the mighty and those with influence. Also in the picture are those who become his beneficiaries without realizing that there is no such thing as a free lunch. The ones on the receiving end are predicting long term consequences in the hope that they will frighten those in authority to activate damage control. The public reeling from inflation, power outages, lawlessness and the lack of human security waits for the furor to subside knowing that it will.

The few who are looking beyond this non-episode are more worried about the declining economy, the internal destabilization, the economic collapse and the external isolation staring us in the face. While the media is busy using smoke and mirrors to embroil the nation in a case that has no implication for the common man, it is now incumbent on the judiciary to put this case to rest as soon as possible. What might be a vitriolic attempt to malign the last standing uncorrupt institution in the country could be dealt with savoir faire and save face for the entire nation that teeters on the brink of hysteria.

Rangers Chief: Karachi Worse Than Waziristan

September 8, 2011

KARACHI: A special bench of the Supreme Court heard the suo motu case on the killings in Karachi on Wednesday, DawnNews reported.

The special bench of the Supreme Court, headed by Chief Justice Iftikhar, includes Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Usmani, Justice Amer Hani Muslim and Justice Ghulam Rabbani.

During the hearing, Director-General Rangers Major-General Mohammad Ejaz Chaudhry said that Karachi’s security situation was worse than that of Waziristan.

He further said that criminals frequently took shelter in the offices of political parties.

Moreover, Chief Justice Iftikhar asked why should former minister Zulfikar Mirza be summoned before the court.

He further said: What does the court has to do with political statements?

The hearing was later on adjourned to Thursday.

Furthermore, the Inter-Services Intelligence (ISI) is expected to brief the bench on unrest in the metropolis tomorrow.

Rangers killing: DG Rangers Sindh removed following SC order

June 14, 2011

ISLAMABAD: The chiefs of the Pakistan Rangers Sindh and Sindh police were removed in compliance with the Supreme Court’s order on Tuesday.


Director General Rangers Sindh Maj General Muhammad Ejaz Chaudhry has been removed from his post.

The ISPR confirmed that Sindh Rangers Director General Maj Gen Ejaz Chaudhry has been removed from his post. Chaudhry’s new posting may take time and a decision in that regard has not yet been taken.

Express 24/7 correspondent Shaheryar Mirza reported that Sindh Inspector General Fayyaz Leghari has also been removed from his post.

Chaudhry was removed after the attorney-general wrote to the government to immediately remove the chiefs of the Pakistan Rangers Sindh and Sindh police, in line with the Supreme Court’s orders in the Sarfaraz Shah extrajudicial murder case.

The Chief Justice of Pakistan maintained that the Rangers chief was impeding the investigation, and ordered his removal.

Updated from print edition (below)

AG advises immediate sacking of Rangers, police chiefs

The attorney-general has written to the government to immediately remove the chiefs of the Pakistan Rangers Sindh and Sindh police, in line with the Supreme Court’s orders in the Sarfaraz Shah extrajudicial murder case.

Resuming hearing on Monday of a suo motu case of the incident, in which unarmed 19-year-old Shah was shot and killed by Sindh Rangers’ personnel in Karachi, the court ordered the establishment division to issue a notification to remove Sindh Rangers Director General Maj Gen Ejaz Chaudhry and Sindh Inspector General Fayyaz Leghari from their posts within three days as they could influence investigations.

The court order for their removal came during the case’s last hearing on Saturday. Attorney General Maulvi Anwarul Haq told the court that the governments, both federal and provincial, would respect and implement the directives issued on the case.

Govt review petition?

Speaking to the media in Islamabad, Attorney General of Pakistan (AGP) Maulvi Anwarul Haq had said that the court’s verdict in the case cannot be challenged. “A review petition in a suo motu case cannot be filed on technical grounds,” he said. “However, Chaudhry and Leghari can file a review petition in their personal capacity. But technically, the suo motu generates no party so the government is not a party.”

His statement came amid rumours that Sindh Advocate General Fateh Malik was in consultation with Pakistan Peoples Party leader and former law minister Babar Awan over filing a review petition challenging the dismissal of the Sindh Rangers’ and police chiefs by the SC. Eventually, a petition was not filed.

Media being threatened

In the backdrop of the AGP’s media interaction, a crew from Awaz TV, the channel that captured the footage of Faraz’s execution by the Rangers, appealed to Chief Justice Iftikhar Muhammad Chaudhry to direct the authorities to provide them protection amid threats. The channel then also provided the video footage to other stations, which then lead to public outrage. Zahid Essa, Islamabad bureau chief of Awaz TV, pleaded in a written application that he had ordered the cameraman to capture the event. He said that he and his staffers were being threatened while the channel was also being pressured.

Six Rangers’ men remanded

Meanwhile, six personnel of Pakistan Rangers Sindh and a civilian accused in Shah’s killing were remanded to police custody till June 15 by the Anti-Terrorism Court Administrative Judge (AJ) on Monday. The accused were brought to the Sindh High Court at about 2pm in an armoured personnel carrier. No reason was given for the tightened security but public anger could have been a factor.

SC says FIA report on Haj corruption

December 10, 2010

ISLAMABAD: The Supreme Court on Thursday warned Federal Investigation Agency (FIA) Director General Waseem Ahmed for adopting a lenient approach while probing into alleged corruption and mishandling of Haj affairs, calling his conduct “disappointing”.

Chief Justice Iftikhar Muhammad Chaudhry expressed surprise over the DG’s decision to entrust the investigations to a grade 16 officer. “This is a high profile case involving prestige of the country, but an FIA inspector has been appointed to investigate the matter. How could he investigate the secretary or the religious affairs minister?” the chief justice said, adding that “this is the height of negligence”.

The seven-member SC special bench headed by the chief justice was hearing the Haj scam case. The bench directed Science and Technology Minister Azam Khan Swati to submit documentary evidence substantiating corruption in Haj affairs by December 13. Swati had insisted that Religious Affairs Minister Hamid Saeed Kazmi was at the core of the corruption.
To a court query, FIA’s Waseem said there had been corruption of millions of rupees, but recoveries were yet to be made.
Waseems’ statement that an “interview” of the religious affairs minister had been conducted prompted Justice Khalilur Rehman Ramday to ask him under which law had he ordered the “interview”.

“Are you a TV anchor that you are conducting interviews instead of recording statements,” Justice Ramday questioned.

Breaking free from the quicksand

October 14, 2010

Ameer Bhutto

It is said that whom the gods wish to destroy, they first make mad. With each passing day the Zardari administration grows more rash and reckless in the absence of any sane restraining political force. This recklessness vividly illustrates a schizophrenic pattern of behaviour that borders on political suicidal tendencies which threaten to derail a lot more than just their power joyride. The latest examples of their out-of-control egos are the clandestine promulgation of the NAB Ordinance on September 16 and the appointment of the new NAB Chairman in contravention of the rules and laws. These acts of government go beyond defiance of laws. They are an open challenge to the rule of law and the state institutions entrusted with safeguarding them.

All that seems to matter to those who have sneaked into power, not on a mandate based on merit but on a sympathy-vote after Benazir Bhutto’s assassination, and are wreaking havoc with the nation with their pyromaniacal conduct, is their own draconian will. Rule of law, judicial verdicts, the constitution, the imperatives of democracy and decent transparent conduct be damned. The fact that nearly every significant move this government makes is challenged in court is itself a moral indictment against them.

If the new NAB Ordinance was issued on September 16, why was it kept secret till several days later? Why was the prime minister kept completely in the dark about it? Parliament alone enjoys the direct mandate of the people to make laws and govern. Why was the new NAB law not placed before it instead of being issued as an ordinance by the president, who was elected not by the people but the members of parliament? Governance through presidential ordinances is an undemocratic attempt to bypass the will of the people vested in parliament to establish one-man dictatorship. Predictably, the legality of this ordinance has been challenged in court.

Similarly, the appointment of Deedar Shah as the new NAB Chairman reeks not just of blatant nepotism but a poorly veiled effort on the part of this NRO government to escape accountability for their corruption and other crimes by appointing a handpicked man who might shield them from the law. The Supreme Court verdicts in the Al-Jihad and NRO cases make it clear that the NAB Chairman is to be appointed after meaningful consultation with not just the leader of the opposition in parliament, but also the chief justice.

In fact, the government sought more time from the Supreme Court to make this appointment on the specific grounds that such consultations had not as yet been undertaken. Having bought time, the government went on to abuse the privilege by appointing their handpicked man without meaningful consultations with anyone. Apart from the legal problems with Deedar Shah’s appointment as Chairman NAB, there are political and moral issues as well. This man thrice contested on a Peoples’ Party ticket for a Sindh provincial assembly seat, winning twice. He is still well known as a confirmed jiyala and everyone knows where his loyalties lie. How can he be expected to be impartial in cases against his party leaders?

Keeping in mind the glaringly obvious violations of the rules and requirements of impartiality, how could the government possibly conceive that it would get away with his appointment? It too has been challenged in court. But the more intriguing question is why would they want to take actions that are bound to land them in thicker soup than they already are in? Does this not illustrate a comprehensive and arrogant disregard for the due process of law? Does this not point to an all-encompassing political death wish?

This is not good governance. This is not even bad governance. It is an unabashed rape of law, democracy and state institutions and it has been going on for two and a half years. This government has gotten away with it because it has been given carte blanche to do as it pleases under the preposterous justification of preserving ‘the system’.

During the tenure of this government, real opposition has existed for just one day; March 15, 2009, the day of the long march, which produced results within hours. Other than that, the government’s sleaze has flowed pretty much unimpeded. Even before the devastating floods, the people had voluntarily abdicated their democratic responsibility of holding their leaders accountable. But since the floods they are engaged in a day-to-day battle for survival and issues of legal and constitutional propriety couldn’t be further from their minds. As such, the government now feels totally unrestricted in pursuing its agenda of corruption.

How long can this go on? The answer is very simple; it will go on for as long as the people are willing to bear the pain and suffering in silence. The Zardari administration has done more than anyone or anything since the Ayub/Yahya days to push the country to the precipice of revolution. If the people wish to survive the corruption and incompetence that characterise this government, they have to make a last ditch-stand against this government, just as it has made a last ditch-stand against the rule of law. The people have been badly let down by their leaders in government and opposition alike. They will have to wipe the slate clean and begin afresh, with a new order, a new vision, a new ideal, led by clean, able and competent leaders who must rise from amongst their ranks rather than from a hijacked dynasty.

Does all this sound like an idealistic dream? Yes, very much so. But it is precisely conditions such as these that breed idealism and it is from the belly of idealism that all the great popular revolutions of the world have been born. This is the way it will have to be in Pakistan too if we want to survive and thrive. There is no future for this nation under the decay of the status quo and its proponents who are running the country like a Tehsildar runs a Tehsil.

The seeds of salvation cannot be found in the quicksand of a failed and painful present or past. We must break free from this quicksand. It is shocking that some people still take Musharraf seriously. It is only a reflection of the horrible mess this government has made that even he now appears more palatable than the current lot. But what hope of a better future could possibly emanate from a man who carried out a military coup first against an elected government and then against the judiciary, shredding what remained of democracy and the constitution, ruled with the aid of corrupt and disreputable political mercenaries, sold Pakistani citizens to foreign powers for a fistful of dollars and mortgaged national sovereignty before them in exchange for power? It does not suffice to set a country down the path to oblivion and then say “Oops, I am sorry!”.

Perhaps as a consequence of the repeated letdowns and betrayals we have suffered at the hands of supposed messiahs and saviours, we have reached the point of being terrified of anything new, novel and unfamiliar and prefer to seek solace in the already known. That is why, instead of moving ahead towards a bright new future, we look for answers in the past, which we dronishly cling to despite the harm it has caused. Is it any wonder that we keep going round in circles and find ourselves standing at the edge of the same precipice time and again?

Immunity issue explodes after CJ’s remarks

April 1, 2010

By Ansar Abbasi

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Tuesday gave the clearest hint that immunity to President Asif Ali Zardari under Article 248 of the Constitution was still an undecided issue and any one seeking it would have to come to the Supreme Court for a judgment.

The issue of immunity was raised by NAB Chairman Navid Ahsan in the Supreme Court while appearing in the Ahmed Riaz Sheikh case and stated that as the president enjoyed immunity, some decisions of the Supreme Court on the NRO could not be implemented so far.

But the chief justice snubbed the NAB chairman, asking him why he was pleading the case of the government or the president and said: “No one has come to us so far to get a verdict on whether any one enjoys immunity.”

The exchange on the immunity issue unleashed a storm in the media and almost every TV channel had judicial and legal experts discussing the pros and cons of the CJ remarks, some speculating whether the Presidency and the chief justice were heading for a collision course, which might shake up the entire system.

But the sudden eruption of the immunity issue also confirmed reports and analysis published by The News and Jang on January 20, 2010, which stated that the NRO judgment did not recognise any immunity for any of the NRO beneficiaries, including President Asif Ali Zardari. If he considers himself to be immune from being proceeded against, he will have to claim it before the court.

The apex court left no doubt on Tuesday that it was the court that would decide whether the president should be given immunity or not. When this question came before the Supreme Court last time, as the then president General Pervez Musharraf claimed constitutional immunity, the SC had denied him. The NRO judgment subtly rejected this extraordinary treatment to an individual or a group of persons by referring to the principle of equality (Musawa’at) as enshrined in the teachings of Islam.

On Tuesday, Chief Justice Iftikhar Chaudhry responded to Chairman NAB Navid Ahsan’s plea about the presidential immunity under Article 248, but it was Justice Ramday-led 13-member bench, which had refused to allow this immunity to the then president General Musharraf in the chief justice suspension case decided on July 20, 2007.

The Supreme Court’s detailed judgment on the NRO was released to the media on the evening of Feb 19, 2010. Next day, on Feb 20, the main story in The News and Jang clearly reported: “The Supreme Court’s detailed judgment on the NRO has deprived President Asif Ali Zardari of the immunity that he was supposed to have enjoyed. Now, the president will have to persuade the court if he seeks immunity. The judgment issued on Tuesday does not discuss President Asif Ali Zardari, but like other accused all his corruption cases, both within Pakistan and outside, stand reopened.

Now the onus would be on the president and his legal eagles to argue before the court to prove that Zardari enjoys legal or constitutional “immunity” or “exemption”, so he could not be tried under any criminal offence during his term of office.

Although the government, the PPP leadership and their sympathisers or promoters in the media criticised the Jang Group for this interpretation of the NRO judgment, the Supreme Court judgment plainly talked about the revival of the pre-Oct 2007 situation without any exception and exemption, which was a clear indication that no immunity was given to anyone in the NRO verdict.

The judgment ordered the reopening of “all” the cases, both within Pakistan and outside, closed under the NRO besides directing the NAB and other authorities to freeze the assets of all concerned as was the position on Oct 5, 2007.”


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