Nawaz, Zardari Sell Thar Coal Project to India's TATA group, BHEL

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

LAHORE (ASHRAF JAVED ) – The Sindh Engro Coal Mining Company (SECMC) is all set to join hands with Indian TATA Group and Bharat Heavy Electrical Limited (BHEL) for "technology transfers" to conduct open-cast mining of Thar Coal, it was reliably learnt on Thursday.

Highly-placed sources in the federal government disclosed to TheNation that Arvind Saxena, who is working at the Indian High Commission in Islamabad as the Economic and Commercial Counsellor, has been facilitating Indian based companies for striking business deals between Pakistan’s SECMC and Indian companies TATA and BHEL.

The management of SECMC has also confirmed the development to this reporter stating that it was already in consultation with the Indian companies TATA-Power and Bharat Heavy Electrical Limited for technology transfers to conduct open cast mining of the Thar Coal project.

Sources further revealed that Sindh Engro Coal Mining Company, a subsidiary of Engro Group, had been engaged in feasibility study of the coal mining for the last three years in Thar. The company requires three billion dollars for mining and construction of 1200-MW power project for generation of electricity from the coal mines.

Of late, Shamsuddin Sheikh, CEO (SECMC) was also deliberating with Indians to sell Pakistani coal to India for their projects in Gujrat and Naveli Tamil Nadu.

“In this regard, Arvind Saxsena arranged different visits of SECMC Manager Business Development and Mining Engineer to Naveli Mines, Tamil Nadu and Gujrat Mineral Development Corporation Limited in India as well,” official sources confirmed.

Earlier, a five-member Indian delegation visited Lahore and Karachi and held meetings with Pakistani business persons at FPCCI, KCCI and LCCI.

Reportedly, a parliamentary trade delegation comprising 20 members, including Nafisa Shah, daughter of CM Sindh, visited India during July 2012 and discussed the possibilities of cooperation on Thar Coal Project.

Dr Mahesh Malani, MNA and close associate of the President, also visited India while the Pakistani parliamentary delegation was on its tour to India.

Rumours are afloat that USA-India backed corrupt political-cum-business mafia appears to be involved in this game and key players allegedly include President Asif Ali Zardari, CM Sindh, Syeda Nafisa Shah (MNA-PPP), Dr Mahesh Malani (MNA-PPP) in this multi-billion dollars hidden scam.

Experts were of the view that Thar coal project should preferably be developed under the administration, technical and scientific consultation of Maj Gen (Retd) Pervez Akmal, Corps of Engineers, who is already working to develop an institutional model for Thar coal or Dr. Shahid Muneer, Professor and Director of Center for Coal Technology, University of Punjab.

The Nation

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

حکومتِ پاکستان کا اسلام آباد میں اسلحہ فراہم کرتے امریکی کو گرفتار کرنے سے انکار - آئی ایس آئی افسر کا انکشاف

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Rehman Malik will Blame ISI for His own Failure 'if Karachi Falls'

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Minister for Interior Rehman(Shaitan) Malik has said that there was information of serious terrorist attacks in Karachi next month, warning that if the port city was ‘detached from the country’ the government as well as the intelligence agencies would be responsible.

Talking to the media here outside the Parliament House on Monday, the federal minister said that the enemies across the border had planned to carry out a massacre in the economic hub of the country. The intelligence and law enforcement agencies had been asked to remain vigilant and play a proactive role to thwart any such move, as their job was not just confined to passing on information about any possible threats.

“There are some anti-state elements in the country that intend to destabilise Pakistan,” the minister added. It is the core responsibility of every citizen to work together for the betterment of the country and especially to play a role in maintaining law and order, he said.

He said it was meaningful that there was no terrorist act whenever the cellular phone service was suspended.

To a question, Malik said the Pakistan Muslim League-Nawaz and other parties were not holding any long march or sin-in in Islamabad. He said that he had talked to them and they had conveyed to him that they would only accompany some leaders from Karachi in their walk from the Parliament House to the Election Commission Headquarters to register a protest on the delimitation issue. He said it would be a peaceful walk and security would be provided to the participants.

Malik said the government was ready to provide security to former ambassador Husain Haqqani whenever he returned to the country to appear before the Supreme Court.

To another question, Rehman(Shaitan) Malik said he had asked the relevant authorities to take steps for installation of filtration system at the earliest so that YouTube could be unblocked.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Supreme Court Orders Arrest of PM Pervez Ashraf in Rental Power Case

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

ISLAMABAD: The Supreme Court ordered the arrest of American stooge Prime Minister Raja Pervaiz Ashraf in the Rental Power Plants case. The court also ordered all other respondents in the case to be arrested, and gave 24 hours deadline to the authorities to implement the orders. The Supreme Court’s order came at a time when Minhajul Quran International (MQI) chief Tahirul Qadri was leading a long march in Islamabad to demand electoral reforms. Participants of the march were seen celebrating while chanting “Long Live Supreme Court” when Qadri mentioned the court’s decision during his speech.

The Karachi Stock market also crashed immediately after the court’s order, as the 100-index fell by 450 points. PM Ashraf was given the title of Raja Rental after he was found guilty of receiving kickbacks in the rental power projects. He was also found guilty of buying property in London from money earned through corruption in various scams. He has been defending himself in the Supreme Court. On March 30, the apex court had directed the National Accountability Bureau to proceed against those who were in the post of minister for water and power from 2006 till the next general elections. As a result, on April 20, NAB issued arrest warrants for 33 persons, including Ashraf.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Supreme Court Declares Reko Diq Agreement Void

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

The Supreme Court on Monday declared the Reko Diq agreement void and in conflict with the country’s laws. In its ruling, a three-judge bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, stated that the agreement reached on July 23, 1993 was in conflict with the laws of the country. It is worth noting here that the apex court had reserved its verdict on December 21 after counsel of all petitioners and respondents completed their arguments. Today, the three-member bench announced its ruling in favor of Balochistan government.

The short verdict states that the agreement under which Tethyan Copper Company Pakistan (TCCP) was given contract, has been annulled, now Tethyan has no valid right in connection with Reko Diq agreement, as the agreement under which Tethyan obtained rights, has been declared null and void. The 16-page short verdict says that all amendments after the agreement were illegal and in contradiction with the rules and regulations. The operative part of the order said: The Chagai Hills Exploration Joint Venture Agreement dated 23.07.1993 is held to have been executed contrary to the provisions of the Mineral Development Act, 1948, the Mining Concession Rules, 1970 framed thereunder, the Contract Act, 1872, the Transfer of Property Act, 1882, etc., and is even otherwise not valid, therefore, the same is declared to be illegal, void and non est.

The Addendum No. 1 dated 04.03.2000, Option Agreement dated 28.04.2000, Alliance Agreement dated 03.04.2002 and Novation Agreement dated 01.04.2006, which are based upon, and emanate from, CHEJVA are also held to be illegal and void”. “All these instruments do not confer any right on BHP, MINCOR, TCC, TCCP, Antofagasta or Barrick Gold in respect of the matters covered therein. It is further held that EL-5 is tantamount to exploration contrary to rules and regulations as the claim of TCCP is based on CHEJVA, which document itself has been held to be non est. Therefore, before exploration it was incumbent upon it to have sought rectification of its legal status.”

It should be mentioned here that the court has accepted for hearing a number of identical petitions filed in the court against the lease of gold and copper mines in Reko Diq, Chaghi District, to the Tethyan Copper Company (TCC). During the last hearing, Tethyan Company’s counsel Khalid Anwar defended the lease deal reached between the company and the Balochistan government. The TCC also invoked the jurisdiction of the International Chambers for Commerce and International Centre for Settlement of Investment Disputes against the Government of Pakistan for not renewing the prospective Reko Diq minerals licence in accordance with Balochistan Mining Rules 2002.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Pakistan withdraws embassy staff from Syria

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Pakistan has withdrawn its diplomatic staff from Syria due to deteriorating security in the country, the foreign ministry said Thursday. "We have temporarily withdrawn our diplomatic staff, including the ambassador, from Syria and they have all returned home," ministry spokesman Moazzam Ahmed Khan told AFP after his weekly press briefing. Pakistan's three to four embassy staff and its ambassador were evacuated because of the "deteriorating security situation", the spokesman said.

The embassy is not closed, however, and staff will return "once the situation returns to normal," Khan added. More than 42,000 people are estimated to have been killed by American and NATO mercenaries in the nearly two-year conflict to bring down the regime of President Bashar al-Assad. On Thursday, Russian Deputy Foreign Minister Mikhail Bogdanov said that the regime was losing "more and more" control and that an opposition victory cannot be ruled out.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

PPP to pass Anti-Qur'an Laws, Scrap Qisas & Blasphemy Law's Death Penalty

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

ISLAMABAD - In sheer violation of Islam and the objective resolution of the constitution of Pakistan, the filthy so-called Ministry of "Law and Justice" is actively working on a draft bill seeking conversion of death penalty into life imprisonment, in a blatant violation of the Glorious Qur'an 2:178, 2:179, 2:194 and 17:33, sources said on Thursday.

The proposed document if approved by the American Stooge president Asif Ali Zardari would be tabled in the National Assembly meeting from December 10. Under the Constitution, the President is empowered to pardon death penalty of a person convicted under the law but the government move to consider conversion of capital punishment in life imprisonment came in the wake of serious criticism by the international Zionist rights organizations and because of problem Pakistan has been facing in securing extradition treaties with western Zionist puppies who ironically call themselves sovereign countries.

The notorious ruling PPP discussed the issue in one of its party meetings and it was decided that the issue be discussed threadbare because of Pakistan’s "image" which ranks fifth in awarding death penalty. Pakistan has awarded death sentence to 1497 people during the years 2007 to 2011 and of them 171 have been executed so far.

Apart from criminal cases, Pakistan has been subjected to severe criticism by the Zionist Anti-Islam war mongers for awarding capital punishment for blasphemy etc and it is likely that existing blasphemy laws are also reformed.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

موبائل پن کا مسخرہ پن - سید طلعت حسین

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Is Pakistan's Judiciary Really "Independent"? - Justice (r) Raza Khan [Supreme Court of Pakistan]

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

After forty years of serving as a judge, I still ponder and reflect as to whether our judiciary is truly independent or not.

Sixty five years back, the nation became independent and these past sixty five years it has spent in knowing as to whether the judiciary has become independent or not. Kindly tell me as to who had to remain in the doldrums throughout this age long period; the nation or the judiciary.

Two and a half year back, I was accorded a full court reference on the eve of my timely retirement from the Supreme Court of Pakistan. Allow me to repeat, at least, what the memory retains.

I had said that despite the fact that the term “independence of judiciary” is a jewel in the crown of the constitution, yet it is a misnomer. The independence, in fact and in practice, is referable not to the abstract idea but to the judges who constitute the judiciary. If judges are independent, honest, fair, God fearing and blessed with judicial approach toward the lis pending before them, the judiciary is bound to be independent. If the judges are dependent, dishonest, unfair, boss fearing and infected with a whimsical approach towards every lis that they come across, the judiciary is not independent, rather permit me to say that such like is not a judiciary at all.

Mostly, the independence of judiciary is referred to becoming independent of the dictates of the government. No doubt this is one of the requirements but not the absolute in itself. The past experience from various countries and even from Pakistan has shown that apart from the government, effective influence can be exercised by the politicians and the media. To achieve independence, judges have to defend themselves on all the fronts which, by now, has become much more difficult.

Lord Denning, a famous judge of England, when asked as to what might be the qualities of a good judge, replied tersely; “Above all, a good judge must be a thorough gentleman and if he know a bit of law, all the better.” This small sentence provides the complete context. Gentility cannot be acquired by becoming a judge. It is something inherent in your personality. It is the outcome of your background. Who you are? How your parents brought you up? What type of education you received? What type of atmosphere surrounded you when you were in the process of learning, perceiving and conceptualising? What teachings you received about religion, morality, fair play and fellow beings? Judges are necessarily influenced in the decisions they make, by their upbringing and experience. To make this assessment is the job of those who are shouldered with the responsibility of selecting the judges. You can look around everywhere and nationwide. Only a gentleman would prove to be an independent judge.

Judges shall always be expected to administer a patient hearing to the parties. It is in their interest. They shall grasp the law as well as facts. With the passage of time, they shall know who is a good and genuine lawyer and who merely wants to exploit his slogans of “Zinda Baad and Murda Baad”.

A good and patient hearing would inculcate a habit of nurturing a judicial approach. A judicial officer is not expected to approach the court with any preconceived notions. An open mind, which is very rare, a judicial unconcern, nonexistent in many people, constitute the virtues that make independent judges. Kindly look around and then judge as to who constitutes the independent judiciary and who does not. Judge not that ye be not judged. Don’t speak in the court and don’t make remarks that entail upon expression of opinion. If media reporting is correct, we know of numerous speaker judges who decide the case on the first day of hearing, without hearing. By doing so, they often make mistakes. Sometimes these mistakes are publically identified and overruled by courts of appeal, with all the powers to substitute mistakes of their own.

When a judge makes remarks in the court, relevant or irrelevant but mostly irrelevant, most of the people interested take a message and start exploiting either the judge or the situation. In high profile cases involving the government and the politicians, as the case may be, they endeavour to grind their axe to the maximum. The only person defamed, disrespected and distrusted in such scenario is judge and judge alone. After all judges of independent judiciary have no agenda of their own.

Judges are expected to do justice in accordance with law, and not by making law. For centuries, English judges deceived each other in to thinking that they really applied the law made by parliament, that their job was only to interpret law and not to make law or give law. Once Lord Denning gave a dissenting judgment on which judge Simon got really annoyed. Take a note of how he described the dissenting opinion. He said and I quote, “It was a naked usurpation of the legislative function under the thin disguise of interpretation.” The naked usurpation does not indicate independence. I am referring to the British and American judiciary—but how and why do you think that I am not referring to them?

Judges are expected not to cultivate bias and prejudices in cases they hear. These are base characteristics of human nature. High judicial status immunises men and women from childlike displays of petulance and prejudice. An independent judiciary does not have judges with bias, petulance and prejudices.

Judges are expected to have a deep sense and feeling of self-respect. Judges who have no self-respect, create numerous gods for themselves, some visible and some invisible. They share their files with parties to the litigation. Worst part of the tragedy is that when such matters surface, they do not feel insulted. A gentleman is expected to react when it comes to self-respect. Judges of independent judiciary do not act in a manner that consequents upon their own insult, unless they are bent upon achieving some target of their own. So, they ought to be strong without being rude and be polite without being weak. Do not be weak like a judge who disappointed President Roosevelt of the United States and forced him to make remarks about judge Oliver Wendel Homes of the Supreme Court. He said and I quote, “I could carve out of a banana a judge with more backbone than that of Oliver Wendel Homes”. Independent judges have genuine backbones of their own.

Judges are not expected to speak unnecessarily in court. It is not the bounden duty of a judge to make comments on every topic even if alien to his comprehension. The more detached a judicial comment is from contemporary ideas and ideals, the more extensive the consequent publicity. Some judges have achieved a considerable degree of expertise in making such statements and in displaying immunity from contemporary knowledge and concerns.

Too often judges do not own up to their need for continuing education. They frequently compound their reluctance to recognise their non-expertise with a readiness to express themselves in court on all type of subjects about which they know little or nothing, in terms derived neither from the common law nor from common sense.

It is a sine qua non to have judicial approach in every lis that comes up for adjudication and to maintain a balance between crime and punishment. A judge at Ipswich Crown Court, England, who lacked judicial approach and a sense of balance between crime and punishment, imposed fine on a rapist rather than sentencing him to prison, after finding that his teenage victim, who had innocently accepted a lift in his car, was “guilty of a great deal of contributory negligence”.

As for the important aspect of corruption among judges, the lesser said the better it is, because a corrupt judge is not a judge at all, much less, independent. Better it is to be a broker.

In a humble expression, I conclude my submissions as to what type of a judge one ought to be. Such judges make an independent judiciary. You can conclude accordingly. In the last six years, what I have been able to conclude is that only bars have become independent.

I, for one, have serious reservations about the manner and mode of selection of judges in the superior judiciary. With the passage of time it will make judges subservient to not one but many governmental as well as political entities. The earlier mode of selection, very well known to all of you, was more honourable as well as independent. The misuse of the earlier mode by some of the people concerned has probably forced the legislature to adopt the new course. Someday, it is seriously going to hamper the independence of judiciary.

In the given context, amongst the civil judges, the district and session judges, the members of the bar who are aspiring to become judges and, above all, my brothers in the superior judiciary, if only one soul agrees to what I have submitted, I believe the purpose of making such submissions, has been well served.

Written by Sardar Muhammad Raza Khan

ex-Judge (Supreme Court of Pakistan)

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Army, Supreme Court to Supervise Next Elections: ECP

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

ISLAMABAD – The upcoming general elections will be held under the supervision of the Supreme Court (SC) but the army may also be called on sensitive polling stations, Election Commission of Pakistan (ECP) Additional Secretary Afzal Khan said on Monday. Addressing a news conference here, he said it is the topmost ECP priority to hold free and fair elections in the country and the apex court is raring to help out the commission in this regard.

However, he clarified that the elections will take place under the aegis of the ECP alone but any institution could be approached for help in this regard. The Army may be called in on sensitive polling stations but this should not mean that elections will take place in its supervision, Afzal Khan said. The Election Commission led by Justice (r) Fakhruddin G Ebrahim enjoys complete support from the higher judiciary, the ECP official asserted.
Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

PAF Disowns Satan Malik's West Incited claims on KAMRA Attack

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

ISLAMABAD – Interior Minister Rehman Malik’s statement regarding the involvement of Waziristan-linked militants in Minhas Airbase attack has surprised the relevant quarters at the Pakistan Air Force (PAF), who have expressed ignorance of being privy to any such piece of information. “Not to our knowledge if any person involved in Thursday’s attack has so far been traced and identified. The investigation just kicked off yesterday (Friday) and it’s next to impossible to trace high-value targets in just less than 24 hours and that too by an organisation that is not involved in the probe altogether,” credible officials at Air Headquarters told TheNation on Saturday during a background briefing.

“If people other than the PAF men say they have evidence and information about the trails and whereabouts of the terrorists involved in attacking one of our bases, we can only doubt this claim. According to our humble understanding, the PAF alone is involved in the investigation process which is at a very early stage at present.” The PAF officials, however, confirmed that over a dozen suspects were rounded by the security agencies from Kamra, Attock and Peshawar and were being interrogated. Two mobile phones, a Blackberry and Nokia X 2 each, were recovered from the Minhas Base attack incident site, which were in the use of terrorists. The cell phones have been handed to an intelligence agency to get the call records, officials said.

Interior Minister Rehman Malik told media men Friday that some 10 suspects were detained by the security agencies in connection with Minhas Base attack while there was ‘confirmed’ evidence, according to Malik, that four of them acquired training in Waziristan region. A few hours after the base attack incident, Chief of Air Staff Air Chief Marshal Tahir Rafique Butt had constituted a four-member Board of Inquiry headed by the Air Marshal Syed Athar Hussain Bokhari, appointed as the board’s President to probe the incident. According to PAF Spokesperson Group Captain Tariq Mehmood, the president Board of Inquiry reached PAF Base Minhas and started investigations on Friday. Other board members are already at Minhas Base since the inquiry board’s constitution, he said.  Informed sources said, the inquiry team includes senior officials of PAF’s Air Intelligence and Provost branches.

As per standard procedure, the officials at Air Headquarters said, any PAF-led inquiry, upon its completion, is shared with the air chief first. If the inquiry is marked as internal or classified, it is not shared even with the Ministry of Defence or any other organisation other than the branches concerned within the PAF. In case the inquiry is mandated to be shared with the relevant authorities, it is forwarded to the defence ministry. The defence ministry, after following necessary official procedures, moves to share the probe with the Ministry of Interior and Ministry of Foreign Affairs depending upon the scope and nature of the investigation, the PAF officers said.

“We fail to understand how a government functionary at the interior ministry could ‘jump’ to advanced stages of an inquiry which is still at the ‘embryonic’ stages and the interior ministry is not privy to it. “Such kind of media statements amount to interfering in the probe and influencing the investigation. We have requested the defence ministry to inform all the organisations at ministerial level not to issue media statements on such a sensitive subject and avoid jumping to conclusions before the PAF officially shares its findings.” The officials said, the PAF inquiry team is probing the incident considering two aspects to determine either the attack took place due to: i) insiders involvement or ii) security lapse.

It is also being probed if adequate security steps had been taken in the backdrop of intelligence information containing high security alerts on potential terrorist attack on Minhas Base. The officials ruled out the possibility that the terrorists climbed through the base’s outer wall, saying the wall had barbed fencing. “Circumstantial evidence and interviews with the eyewitnesses established that the miscreants broke into the base through the outer gate facing Pind Salman Makhan, a village. It is yet to be determined if any insider guided them through,” officials said. The PAF teams on Thursday had interviewed eyewitnesses and some PAF security officials before the probe was formally launched. These interviews and related background information would be formally made part of the Board of Inquiry’s probe, it was further learnt.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Thar Coal, Kala Bagh Dam projects Must for Industry: Report

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

LAHORE – Projects like Thar coal and Kalabagh dam are among best choices for power generation to overcome energy shortfall in the country. Vice President, Anjuman Tajran Sanitary-ware Mian Muhammad Saleem said in a statement here on Sunday.

He said that the Akhori dam project could not be a substitute to the Kalabagh Dam as power generation capacity of KBD was almost 600% more than Akhori. He said that sanitary-ware was among the worst power shortfall affected industries of the country and demanded urgent steps for its revival. He said that use of generators to produce electricity to meet production demand in small industrial units was neither viable nor economical.

Industries, like sanitary-ware, needed cheap electricity which can only be obtained through hydro or coal resources, he said and expressed hope that the government would make efforts to develop consensus among provinces for starting the KB dam and other big electricity generation projects.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Parliamentary Terrorism: Supreme Court Takes up Contempt(uous) "Law" Today

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Supreme Court of Pakistan

ISLAMABAD - The Supreme Court is set to take up the case relating to the Contempt of Court Act 2012 today (Monday).Prime Minister Raja Pervaiz Ashraf on Sunday consulted the law minister and other legal brains in response to the notices issued by the Supreme Court. The petitions will be heard by the bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jilani, Justice Jawwad S Khwaja and Justice Khilji Arif Hussain. The bench will hear 26 petitions against the act. The Supreme Court during a preliminary hearing of one of the petitions, filed by Baz Muhammad Kakar, in Quetta on July 13 held that “this petition under Article 184(3) of the Constitution calls in question the constitutionality of the Contempt of Court Act, 2012. Therefore, the respondents and the AG may file concise statements if advised and desired”.

The petitioners include Muhammad Siddique Khan Baloch, Syed Mehmood Akhtar Naqvi, the Lawyer Writers Forum, Mahmudul Hassan, Chaudhry Muhammad Ashraf Gujjar, Chaudhry Khalid Farooq, Abdul Naveed Khan, Ghulam Mustafa, Shahid Naseem Gondal, Muhammad Azhar Siddique, the Watan Party, the Judicial Activism Panel, the Lahore High Court Bar Association, Maulvi Iqbal Haider, Chaudhry Amjad Hassan Ali, the Communist Party of Pakistan, GM Chaudhry, the Save Judiciary Movement, the Sindh Bar Council, Solicitor Muhammad Dawood, Zafarullah Khan, Muhammad Jamil Rana, Shahid Orakzai, Arshad Mehmood Bagoo and the Pakistan Bar Council (PBC).Mr Kakar contended that Section 3(i) of the new act curtailed the power and jurisdiction of the court under Article 204(2) of the Constitution to punish ‘any person’ who abused, interfered with or obstructed the process of the court in any way or disobeyed any order of the court. It also violated Article 25 which guaranteed equal protection of the laws, he said.

The petitioner contended that the law also violated the independence of the judiciary, guaranteed by Articles 2-A, 175 and 190, and its provisions might affect the fundamental rights. A petition filed on behalf of the Save Judiciary Movement by Advocate Hashmat Habib on Friday pleaded that the law be struck down because it went against the Quran and Sunnah and the Contempt of Court Ordinance of 2003 be restored, which the new law repealed. He argued that the intention of the legislature and the president behind the enactment of the law appeared to be mala fide and in conflict with the Constitution.Likewise on Wednesday, a special bench comprising Justice Asif Saeed Khosa, Justice Amir Hani Muslim, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry and Justice Sheikh Azmat Saeed will resume hearing of the NRO order implementation case.

The prime minister is required to submit a report on implementing the order against the National Reconciliation Ordinance, failing which he will face ‘any appropriate action under the Constitution’ to be initiated by the court.The attorney general had informed the court on July 12 that the cabinet would take a decision in accordance with provisions of the Constitution when the law ministry gave its opinion on the issue regarding writing the letter to the Swiss authorities to reopen money-laundering cases against President Zardari.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

آخری فیصلے کا انتظار کرو۔ اوریا مقبول جان

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

کیا ہم روز حشر پر ایمان رکھتے ہیں۔ اوریا مقبول جان

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Supreme Court issues Notices to Stooge PM, AGP on Contempt(uous) Law

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

QUETTA - Supreme Court Friday issued notices to the federation and the attorney general on two petitions challenging the newly-made contempt of court law. Lawyers’ movement leader Baz Muhammad Kakar and Balochistan Bar Association General Secretary Manzoor Ahmed Bangulzai had submitted on Thursday a petition challenging the unconstitutional Contempt of Court Bill 2012 – which was signed into law by American Stooge President of Pakistan Asif Ali Zardari later the same day. Renowned lawyers Athar Minallah and Hadi Shakeel Friday appeared on behalf of the applicants before a three-judge bench at the apex court’s Quetta Registry. The bench comprised Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Jawwad S Khawaja.

Athar said that the purpose of the contempt of court law was stated to be provision of justice but dispensation of justice was only possible through an independent judiciary. “The new law is against the constitution and discriminatory, as it will benefit only particular persons,” he said. Besides being a hurdle in the way of justice, this law was also against independence of the judiciary, he added, requesting the court to declare it as unconstitutional. Chief Justice Iftikhar Muhammad Chaudhry observed that important questions had been raised about the independence of judiciary in this petition that need consideration. After hearing arguments, the Chief Justice remarked that if someone was not made accountable over court verdicts then a court would pass an order in the morning and it would be rejected in the evening.

The court also issued notices to the federation and the Attorney General of Pakistan (AGP) in another petition seeking a stay order against the law. The court directed that all the applications submitted in this connection be clubbed together for hearing on July 23. Staff Reporter from Islamabad adds: The Supreme Court issued notices to attorney general and other respondents in constitutional petitions challenging Contempt Of Court Act, 2012 for July 23. The notices have been issued to Attorney General for Pakistan and all respondents including American Stooge Prime Minister Raja Pervaiz Ashraf through Principal Secretary, Federal Law Minister, Chairman Senate through Secretary, Speaker National Assembly through the Secretary, Secretary Cabinet Division, Secretary Establishment Division and Federation of Pakistan through Secretary Ministry of Law and Justice and Parliamentary Affairs.

(The Nation)

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Memogate: Supreme Court Issues Notices

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

In the case of memogate scandal, Supreme Court of Pakistan on Friday issued notice to all the parties. According to a private TV channel, Pakistan’s former ambassador to USZ who was handpicked by Washington, Husain Haqqani and USZ businessman Mansoor Ijaz, along with other involved parties, were issued legal notices. A nine-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry will hear the case on July 12. Previously, memo commission announced the findings of the report which signified that Haqqani authored and delivered the memo.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Ephedrine case: ANF issues non-bailable Arrest Warrants for PPP's new PM Candidate

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

RAWALPINDI: Anti Narcotics Force (ANF) Magistrate Shafqatullah Khan on Thursday issued a non-bailable warrant for the arrest of Pakistan Peoples Party’s candidate for the prime minister’s post, Makhdoom Shahabuddin for his involvement in the ephedrine case.

 

The same warrant was also issued for the arrest of the son of former prime minister Yousaf Raza Gilani and Member of National Assembly (MNA), Ali Musa Gilani. The court ordered for the accused to be arrested and presented in court within a week.
During the hearing at the magistrate’s court, ANF Commander Brigadier Faheem and Investigating Officer (IO) Abid Zulfiqar presented a report stating they had evidence and witness testimonies proving the direct involvement of former health minister Shahabuddin and Member of National Assembly (MNA) Ali Musa Gilani in providing illegal quota of banned chemicals to a laboratory in Multan.

Forwarding a request to be an immunity-granted witness, former director general (DG) Health Dr Rasheed Jumma verified in his statement to the investigation team that it was Shahabuddin who approved the 2,500 Kg ephedrine quota allotment to Berlex Lab International and 6,500 Kg to Danas Pharma.

He added that Ali Musa Gilani pressed for the allotment of the quota as well. The magistrate approved the request of Brig Faheem and IO Abid and issued a non-bailable arrest warrant against the two accused.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter

Gilani NO MORE Prime Minister: Supreme Court Ruling

• Subscribe to PCF Networked Blog Daily Updates 
• Subscribe to our Twitter / Google / Yahoo Daily Updates

Pakistan's top court disqualified Prime Minister Yousuf Raza Gilani from office Tuesday in a stunning move likely to throw the country into fresh turmoil just months before widely expected general elections. The Supreme Court announced the move after convicting Gilani on April 26 of contempt for refusing to ask Switzerland to reopen a multi-million-dollar corruption investigation into President Asif Ali Zardari in a highly politicised case.

"Yousuf Raza Gilani has become disqualified from being member of the parliament," said chief justice Iftikhar Muhammad Chaudhry, reading the order. "He has also ceased to be the prime minister of Pakistan with effect from the same date (April 26) and office of the prime minister shall be deemed to be vacant accordingly. "The Election Commission is required to issue notification of disqualification... The president is required to take necessary steps under the constitution to ensure continuation of democratic process through parliamentary system of government in the country," he added.

Although the ruling itself is unlikely to bring down the government, it is likely to cause fresh uncertainty in a country already struggling with militancy and economic woes. It could also hasten the date of the next general election. Gilani, Pakistan's first ever sitting prime minister to be convicted, has faced down widespread calls from the opposition to quit. He has said that only parliament can remove him from office.

Members of his government have accused judges of over-stepping their reach and of trying to bring down Gilani and Zardari before February 2013 -- when the administration would become the first in Pakistan to complete a full five year term in office. Under the constitution, anyone convicted of defaming or ridiculing the judiciary is barred from being an MP.

The matter of disqualification fell first to the speaker of parliament, Fehmida Mirza, a member of the main ruling Pakistan People's Party, who on May 24 said conviction for contempt was not a charge that meant he should be disqualified under the constitution. Gilani subsequently decided not to appeal his conviction in a move interpreted as an effort not to antagonise the court into disqualifying him.

But senior opposition politicians, including Imran Khan and former prime minister Nawaz Sharif, challenged the ruling. The allegations against Zardari date back to the 1990s, when he and his late wife, former premier Benazir Bhutto, are suspected of using Swiss bank accounts to launder about $12 million allegedly paid in bribes by companies seeking customs inspection contracts. The Swiss shelved the cases in 2008 when Zardari became president.

Gilani has always insisted Zardari has full immunity as head of state and last month said that writing to the Swiss would be a violation of the constitution. He was briefly -- but symbolically -- held in the courtroom for his sentence, which ended as soon as the judges arose for the day after announcing the verdict.

Pakistan Cyber Force

Follow PCF on Facebook

Follow PCF on Twitter