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Archive for category JUDICIARY

Stay orders prevent NAB from acting against Sharifs:Pakistan’s Corrupt Judiciary

ISLAMABAD: National Accountability Bureau Chairman Qamar Zaman Chaudhry was informed on Wednesday that the NAB’s Rawalpindi region could not take action in cases against Prime Minister Nawaz Sharif and Punjab Chief Minister Shahbaz Sharif because they had obtained stay orders.

During his annual visit to the NAB Rawalpindi Regional Headquarters, Mr Chaudhry was told that the Sharif brothers had again taken a fresh stay order from the Lahore High Court.

A source told Dawn that the Sharif brothers had taken advantage of stay orders since their cases were reopened in 2007 when the Supreme Court allowed Nawaz Sharif to return to Pakistan from exile.

Three corruption references and at least six inquiries have been pending with NAB and accountability courts against the Sharif brothers and other members of their family.

The source said the NAB Rawalpindi had entertained more than 90 per cent of major corruption cases.

The NAB chief was informed that out of more than two dozen major corruption cases, only two or three were pending.

The meeting also discussed cases related to former president Asif Ali Zardari, Rental Power Projects, Modaraba, Oil and Gas Regulatory Au­­th­ority, Employees Oldage Bene­­­fits Institution, Railways, banking, land scams in housing societies, the Defence Housing Authority and Capital Builders.

The NAB spokesman said Mr Chaudhry praised the Rawalpindi region for its contribution to the overall performance of the bureau.

The NAB Rawalpindi recei­­­ved 7,002 complaints last year. Out of 333 complaints, verification of 288 was completed. Out of 229 inquiries, 128 were completed and out of 96 investigations, 52 were completed.

The NAB Rawalpindi arre­s­­ted 69 people on corruption charges and filed 48 references. The conviction rate was 78pc and the amount re­­co­vered stood at Rs1.44 billion.

Published in Dawn, January 21st, 2016

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Arsalan Iftikhar is in the dock as Supreme Court to open up ‘old corruption allegations case’ by Sarmad Ali

Arsalan Iftikhar is in the dock as Supreme Court to open up ‘old corruption allegationcase’

By Sarmad Ali

Pak Destiny

 

 

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Islamabad (Pak Destiny):  The Supreme Court has finally decided to discuss, in the open court, a controversial document signed by former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to teach a lesson to those who levelled corruption allegations against his son Dr Arsalan.

    By the office note, Justice Iftikhar Chaudhry had instructed the Office of the Court to immediately initiate contempt proceedings “against all concerned” who allegedly brought out some critical information about his son, Dr. Arsalan, in connection with his ‘moral and financial dispute’ with property tycoon Malik Riaz Hussain.

     The former chief justice had instructed that the new contempt case shall be fixed before the same bench of two Judges which was hearing the dispute after his formal recusal from the bench. In apparent breach of his declared dissociation from the case, the taller than life Chief Justice still tried to rescue his son by scaring the likely witnesses of the financial transactions between the parties in England. Dr. Arsalan had denied the transactions which included the bills for his vacations and shopping in England.

      The certification of the contentious document, originally an Office Note of the Admn Branch, was sought in Nov. 2012 through a constitution petition that sought enforcement of the Fundamental Right of “Access to information”.

   The Office objected to the petition 

stating that the Court, by its Rules, could not certify a non-judicial document. Besides, the copy of the document was not legally obtained by the petitioner. The Office even refused to register an appeal against its order by calling it a scandal and delayed further proceedings for more than two years.

    On Jan. 7 last, Justice Anwar Zaheer Jamali while hearing the controversy in the chamber ruled that the Office objections were misdirected.

The Judge in Chambers directed the appellant Shahid Orakzai to read out the objectionable portions. The appellant complied by explaining how his son “was accused of extorting money from a litigant before this Court” and the Chief Justice “initiated speedy criminal proceedings against potential witnesses who could bring in evidence against his son.” The appellant also read out the line that “the document, if and when placed before the Supreme Judicial Council would make headlines”.  

 

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In the Const. Petition 37/2012 (Regarding Miserable Conditions of Schools) by Saleem Tariq Lone.

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BEFORE THE SUPREME COURT OF PAKISTAN

( APPELLATE JURISDICTION )
C.M.A No…..11  /2013
In
the Const. Petition  37/2012
(regarding miserable conditions of schools)

Alhamdulillah, the Honourable Chief Justice of Pakistan has in recent months taken Suo Motu notice of this fundamental national issue of  delivery of education in the state-run schools.

The apex  court has sought from the provincial governments as well as ICT administration important statistics  regarding  conditions & provision of facilities in schools, verification of Ghost schools, and detailed reports on implementing Article 25A of the Constitution of Pakistan. ( provision of free & compulsory education up to secondary level)

گر تو مي خواهي مسلمان زيستن
نيست ممكن جز بقرآن زيستن  ( اقبال )

[ If you would like to live like a good Muslim, it is only possible if you follow the
Message of the Quran e Hakeem.] ( Allama Iqbal )

The challenges, and serious impasse confronting our educational system at School (government/ private–grade 1 to 12) and Madrassa level and their realistic solutions may be discussed under the following heads :-

a) Ideological and visionary issues;

b) Development of Curriculum, Textbooks and supplementary aids;

c) Teacher’s training & capacity building and motivational issues;

d) Adoption of Integrated approach to Education;

e) Environmetal/Parental supportive and participatory approach;

f) Provision of financial & material resources issues;

g) Organizational,  infra-structural, logistical issues;

h) Research & development ;

3)   65 YEARS OF PAKISTAN;           OUR SCHOOLING & END HUMAN PRODUCT:

Despite very specific and pertinent constitutional provisions namely articles 2/A, 25/A,31, 37(a,b) calling for establishment of an Islamic Order based on the Quranic Injunctions and Sunnah, we as a nation and a polity are very far from those Objectives and our destination.

Barring a few honourable exceptions in all walks of our national life,  the End Human Product of our schooling system, be it the state-run, the private,  the informal or the Madrassa, is hardly up to the mark i.e. up to desired religious, educational, moral, and social standards,
individually, collectively, and institutionally.

علامه اقبال كيا خوب ياد دلاتي هين
وه زماني مين معزز تهي حامل قرآن هو كر
اور تم خوار هوءي تارك قرآن هو كر

i)  Collectively assessed in the comity of nations, regrettably, we have further suffered degradation  in the corruption & corrupt practices indicators; with wide spread deviant and bank-corrupt behavior, by no means representing an Islamic social order & culture.
( vide the Transparency International’s report, 2012)

Some other dismal indicators are as under :

ii) Our Graduates, MAs, Drs, Engrs, LLBs, and even PhDs are mostly unable to understand the verses of the Quran e Hakeem when it is recited to them, say in prayers, or when they read it themselves. What a pity !
What a serious concern !

iii)  Our graduates, generally speaking, can’t even correctly  write an application/paragraph  in Urdu or English.

iv)  Our university degrees are generally not accepted in the foreign universities for admission;

v) The youth  passing through ‘Dars e Nizami’ courses from the Madaris , have generally, their main focus on learning various disciplines connected with the Quran, Ahadees, Fiqh, etc with a strong Bias towards their respective Fiqhi outlook.

This Bias has encouraged divisive tendencies in the religious, social, and political environment,  rather than promoting Muslim brotherhood and cohesive tendencies.

Moreover,  they are generally ignorant about important contemporary disciplines dealing with science & technology and social sciences

4) Vision & Quality of education

a) Primacy of school education
( grade 1 to 12) is an irrefutable factor in character/nation building and sustainable development of any society.

b) What matters most is the Vision & Quality of education in terms of its ideological base ;

to translate these Values into Action/Practical reality.

i) To improve the Visionary Base & Quality of Education we need to focus on the Content & Structure of the Curriculum, the Textbooks and Supplementing Aids , The Teachers’ Capacity Building to deliver and Motivation to become true Role Models, and Creating of Supporting Environment in the schools, homes, and outside, including Media & Internet.”

5) Adoption of Integrated Approach to Education :

We have also to change our
Approach to education,  which is divided into religious and secular; spiritual and mundane. We have to have an Integrated Approach to Education, where all areas of knowledge are studied, explored and researched, in the context and balancing fulcrum of divine existence.
We should assign top priority to School/Madrassa  education by thoroughly revisiting the curriculums and textbooks on the touchstone of ideology and grounded in an integrated approach to education, which combines learning of Islamic Studies along with  other Contemporary subjects including Pure & Applied sciences, and Social Sciences.
ii) With the exception of a few schools in the Private sector & Madaris (they too need improvements to attain classical standards) , the School and Madrassa Curriculums & Textbooks are grossly deficient and flawed on one count or the other;
They fail to inspire the youth to thoroughly appreciate and cultivate/imbibe the Islamic values/teachings based on enlightened study of the Quran e Hakeem, Sunnah, Muslim history, Culture, and formidable Muslim Contributions to various branches of knowledge including science & technology especially between 8th to 14th centuries.
iii)  Such exposure to Islamic values and history would motivate our youth to look for Muslim role models starting from the shining examples of our Holy Prophet (SAWW) and his Great Companions, ( including men, women, and children), to imitate for character building, practicing golden tenets/values of Islam in our personal, family, & social lives, besides learning best Principles of governance and statecraft.
iv)  Our youth can draw great inspiration from the marvelous feats accomplished by the Muslim scientists, discoverers, and scholars in various fields of knowledge, including science & technology during the Golden Period of Muslim history, the hallmark of their Scientific & Technological Pursuits being research & experimentation ( basis  of scientific method )
v)  The West owes a great deal to the Muslim scholars and scientists who proved to be beacon of light in the dark ages of western world, who extensively borrowed, translated, and learnt from the books and works, and inventions & discoveries of the Muslims.
vi )  The bottom line of this enlightening school education should be such an inspiring introduction of Allah SWT that the youth are deeply impressed and spellbound by ;
a) All His Perfect Attributes;
b) His Marvelous  Creations,
Human beings occupying the central place being His masterpiece creation and His Vicegereant on earth;
c) Allah’s Sunnah ( His grand Design, Planning & perfect Methods) in creating and administering the boundless universe according to His divine Wisdom & Will.

6) Provision of Adequate  Resources :

Since we have now a constitutional obligation to provide for free and compulsory education to 5 to 16 years old students, the federal government have to provide huge sums of financial, and logistical  resources to meet this national obligation. Besides,  provision of large human resources by recruiting and training teachers for schools is   a fundamental obligation of the federal government.
Therefore, we must raise the GDP percentage of expenditure on education from shamefully low percentage of less than 2% to at least 8% for the next 25 years.

How could we achieve  multi-dimensional ideal benchmarks in education without providing adequate financial resources on regular basis?

Currently Cuba is spending more than 18% of GDP on education, thus setting a great example for the whole world.

7 )  we have also to focus on the character building of youth, based on Islamic values, in schools and madaris by creating activity based supporting environment by motivating the teachers to become role models for their students.
8)  Parents have also to contribute in developing the character building module by providing their active support to the students and their teachers.
9) The ministry of education and most of its functions have been devolved to the provincial governments under the 18th amendment of the constitution. But the federal government must not absolve itself of their responsibility towards this fundamental state obligation of providing free and quality school education to the youth of the country.The federal government must provide adequate resources to the provincial governments to enable them to fulfill this very fundamental obligation in the best possible manner, in the spirit of collective partnership.
10) Also in the wake of the 18th amendment, there are certain pertinent questions which have to be addressed.( vide annex A )
PRAYER :-
11) In the light of above submissions, it is proposed that a high level Permanent Commission on Education headed by the Prime Minister of Pakistan and comprising eminent educationists, well reputed religious scholars, Judges and public servants be set up :
A ) To thoroughly revisit and review the prevailing School Education System ( Public, Private, and Madrassa ) and
B ) To take all necessary measures (immediate, short & long term) to ensure establishing an ideal school education system in the country, which is fully responsive to and capable of meeting our national aspirations as well as cognizant of all challenges as discussed in the preceding  paras;
C ) To permanently supervise and guide the newly established system of school education to ensure its smooth working.

Wassalaam,
Saleem Tariq Lone.
(Retd) IG Police.
0300-5193678

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Will Pak judiciary succeed in removing tag of ‘Sharif Courts’?

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Will Pak judiciary succeed in removing tag of ‘Sharif Courts’?

  • SEPTEMBER 16, 2014

By Raza Ruman

Islamabad (Pak Destiny) Will Pak judiciary manage to prove at some point of time that it is ‘not pro-Sharifs’.


With the help of disgruntled leader of Pakistan Tahreek-i-Insaf Javed Hashmi’s disclosure that Chief Justice Nasrul Mulk will help Imran Khan in setting up national government, the PML-N has successfully managed to put further pressure on the Supreme Court.


Many including the PTI and PPP have this impression that no petition against the PML-N leadership and their corruption is entertained in the court. Some say the legacy of Iftikhar Chaudhry still continues.


Iftikhar Chaudhry during his tenure as CJ openly favoured the N League and targeted the PPP leaders. He even sent prime minister Yousuf Raza Gilani home.


Since then the Pak courts are being labelled as ‘Sharif courts’. Let’s see Mulk-led judiciary succeeds in removing this tag. – Pak Destiny

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Straight Talk – ALL FOR ONE

The legendary call of the Musketeers, “All for one, One for all“, comes from the Latin phrase, Unus pro omnibus, omnes pro unois and is also the traditional motto of Switzerland and a central part of the dome of the Federal Palace.

The phrase is a also highlighted in the 1998 filmThe Man in the Iron Mask, directed, produced, and written by Randall Wallace, starring Leonardo DiCaprio as King Louis XIV of France, Gabriel Byrne as D’ArtagnanJohn Malkovich as Athos,Gérard Depardieu as Porthos and Jeremy Irons as Aramis, as the aging Musketeers.

 

Their clarion call and their loyalty to each other is established when D’Artagnan refuses to obey his King’s orders to kill the three Musketeers, who are his brothers in arms.

 

 

 

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Reverting to real time, we have a similar situation in Pakistan, with the trial of Gen. Musharraf, the former COAS, who is being tried for treason in a special civilian court, under the hammers of three senior and respected Hon. Judges of Sindh, Balochistan and Lahore High Courts.

 

Like the Musketeers, the comrades of the General have started to voice their displeasure at the trial of their former Chief in a civilian court and have warned that the army would not tolerate these actions against a General.

Some 500 hundred ex-servicemen, from the rank of General to Major, a former Punjab governor, Naval Chief and DG, IB, had assembled in Lahore last week, to support the former Army Chief, who is facing charges of high treason in a special court. The meeting was spearheaded by DG Rashid Qureshi of Inter-Services Public Relation (ISPR) and a close aide of the General, under Musharraf’s call of “Pakistan First”.

 

They voiced their support for the former military ruler,  who they consider as a loyal Pakistani,  incapable of disloyalty, dishonesty or to act against the national interest and decided to launch a movement to support him and vowed to continue the struggle for his protection, as it was indeed a matter of concern for a soldier, when his army chief was dubbed a traitor and treated him in a manner that was unbecoming a General of the military.

 

The Special court has stated that the country’s ‘Criminal Procedure Code’ will apply in the treason trial, as such, an out-of-court settlement or plea bargain looks unlikely, thereby dashing the hopes of Musharraf’s supporters, who were expecting the former army chief to be allowed to leave the country for medical treatment and bringing an end to the saga.

So, is this going to be another movement, similar to the one that was launched by the legal fraternity to protect its Chief and restore him as Chief Justice of Pakistan, which eventually turned into a tsunami that swept away the former President and forced him to resign and leave the country?

 

No doubt, the lawyer’s movement was successful, because it had the support of ordinary citizens and the media, but in Musharraf’s case, the protests at present are confined to his comrades in arms.

 

However, there are apprehensions that if the General is treated like a common criminal and tried for treason, then such an action could trigger another more powerful tsunami, which could be the sound of the bugle and marching boots, that could sweep Nawaz Sharif’s democratically elected government back to Saudi Arabia.  

 

No doubt, there is no substitute for democracy, but In all fairness, let us examine what our various once, twice and thrice democratically governments have achieved when they have been elected into power.

 

Did the last, twice elected PPP government manage to improve the quality of life of the ordinary citizens of Pakistan, especially the forgotten ones, who still live without safe water and education, health and basic facilities? Has it provided the citizens a just social order and the much heralded ‘ROTI – KAPRA – MAKAN, which was promised to them by ZAB, the founder of the party?  

 

As such, when the General asks the country to compare the performance of democratically elected governments for the last 50 years, then there is some justification in his bitterness, as each successive civilian government has been as bad as its previous one.  

 

So there we have it, democracy and strict adherence to the constitution or changes in the ‘Sacred Document’, which can keep a check on the performance of a democratically elected government.

 

We have seen the disastrous results of a corrupt and incompetent government, which was allowed to govern the country for five years, unchecked and without being held accountable and cannot allow another incompetent government to do so again for another five years.

 

The changes in the Constitution could be in the form of establishing a five member Judicial Council, comprising of Chief Justices of all the four provinces of Pakistan and a retired senior most CJ of Pakistan, with the power to call for fresh elections. Such a change could perhaps stop army interventions, ‘In the Best Interest of the Country’, as have been the case in the past.

 

The Commando, who has always boasted that he was not afraid of anything except Allah, has once again managed to dodge his day in court, giving his critics an opportunity to suggest that he has ‘chickened out’.

 

So in his own interest, it would be better if the General proved to the country that he is indeed a Commando and not afraid to face the music, presented himself in the court, leaving his fate in the hands of Allah.

 

How long will the court allow this game of ‘Catch me if you can’ to go on, is not clear, but the Hon. Judges are duty bound to act according to law, removing the general impression that there is one law for the rich and the powerful and another for the poor and the weak.

 

At the same time, the Shylock’s of ‘Get Musharraf’ Brigade are sharpening their knives and demanding their pound of flesh, as they hold the General responsible for dragging us into America’s ‘War against terror’, which has resulted in the deaths of thousands of innocent citizens and destroyed the nation’s economy. 

 

However, according to Charlie, my singing canary, if the court proceeds according to law, then  there are apprehensions that the call of ‘All for one’ might echo through the barracks of Army Headquarters and trigger another military intervention, once again, ‘In the best interest of the country’.

 

Hamid Maker. (Email: trust@helplinetrust.org)

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