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©Copyright 2014 ISSN 2312-136X ALHASAN SYSTEMS PRIVATE LIMITED 205-C 2nd Floor, Evacuee Trust Complex, Sector F-5/1, Islamabad, 44000 Pakistan 95-1st Floor, Deans Trade Center, Peshawar Cantt; Peshawar, 25000 Pakistan For information: Landline: +92.51.282.0449, +92.91.525.3347 Email: [email protected] Facebook: http://www.facebook.com/alhasan.com Twitter: @alhasansystems Website: www.alhasan.com ALHASAN SYSTEMS is registered with the Security & Exchange Commission of Pakistan under section 32 of the Companies Ordinance 1984 (XL VII of 1984). ALHASAN is issuing this Legal Bulletin free of cost for general public benefit and informational purposes only. Should you have any feedback or require for further details and Metadata information please call us at Landline: +92 51 2820449, Fax: +92 51 835 9287 or email at [email protected]. LEGAL NOTICES The information in this publication, including text, images, and links, are provided "AS IS" by ALHASAN SYSTEMS solely as a convenience to its clients and general public without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ALHASAN SYSTEMS assumes no responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. This publication could include technical or other inaccuracies, and not all information/ services referenced herein are available in all areas. Changes are periodically added to the publication, and ALHASAN may change the information or services described in this publication at any time. Should you choose to respond directly to ALHASAN SYSTEMS with comments, questions, suggestions, ideas or the like relating to this publication and ALHASAN SYSTEMS other services and products, you agree that such information shall be deemed as non-confidential and ALHASAN SYSTEMS shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information. For further explanation of these legal notices please contact [email protected].


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NEWS HEADLINES DETAILS IHC directs PTI, PAT to keep elderly, minors away from sit-ins The News, 30th Sep, 2014

ISLAMABAD: Justice Athar Minallah of the Islamabad High Court (IHC) on Monday directed the Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehreek (PAT) to keep the elderly people and minors away from the hazardous environment of sit-ins and also observed that prima facie the permission granted to the protesters to protest in the Red Zone was unlawful. The bench was hearing the PTI’s petition against the imposition of Section 144 in the Islamabad Capital Territory (ICT) and a petition of the Aabpara Traders Association President Ajmal Baloch against the PAT sit-in. The bench observed that children and elderly people could not be exposed to the harmful environment at the sit-in venue and both the parties should remove them from the protest venue at least voluntarily. The legal counsel for the PAT argued that children were accompanying their parents.Justice Athar observed that the act of parents to bring their children to such a harmful environment was itself unlawful. “It is the court’s duty to protect the rights of minors, as there are laws for the protection of children through guardian courts; therefore, being a judge one cannot overlook this aspect at all,” the judge further observed.

PTI MNA Asad Umar assured the court that he would do his best to comply with the court orders and would request the parents not to bring the minors to the sit-in.In the last hearing, the bench had asked lawyers from all the sides whether the prime minister and minister for interior were competent to grant permission for holding of protest or a district magistrate had the authority in this respect. The bench said if the prime minister and minister for interior were not competent, then under what pretext they announced on the media that they had allowed the protests on the Constitution Avenue. Justice Athar Minallah said if the prime minister and minister for interior unlawfully allowed the protesters, the cost the national exchequer suffered through all this may be imposed on them. The PTI and PAT also had to explain if they knew while protesting on the Constitution Avenue that the prime minister and minister for interior had no authority to permit the protests and they needed the permission of district magistrate. If it is proved, then the cost will that the national exchequer suffered will also be imposed on the PTI and PAT, the IHC bench said. The bench further observed that a protest no longer remained peaceful if its participants carried sticks and clubs in their hands.In Monday’s hearing, Justice Athar Minallah observed that prima facie the permission granted to the parties for staging the sit-ins in the Red Zone was unlawful. The district magistrate was the authorised person to allow the protest in the Red Zone but he categorically denied giving any such permission, the judge added. The bench further observed that as per the media record, the interior minister, on the advice of the prime minister, allowed the protesters and the court had to look into the question if the prime minister or any other minister was competent to grant such permission without involving the district magistracy.

The bench observed if it was proved that the permission granted to the protesters for holding the sit-in in the Red Zone was illegal, then the prime minister will have to bear the cost.The court has also appointed Babar Sattar, Ijaz Sandhu and Saad Rasool amicus curie (friends or assistants of the court) with an addition of Yousaf Khosa on the last date of hearing. Advocate Babar Sattar argued that the prime minister and federal ministers should be asked whether or not they permitted any protest. The court cannot deal with a question that is political in nature, he also said. Advocate Yousaf Khosa argued that the court has also to examine whether the issues raised in the petition of the Aabpara traders needed a judicial forum.The bench observed that political questions should have been put before parliament but the court had to protect the fundamental rights of citizens. The judge pointed out that the Article 16 of the Constitution says, “Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.” He added as per the said article, the right of assembly was not the absolute right as it entailed certain restrictions to protect the rights of other citizens.The bench also directed the police to submit a report on the use of force since the marchers arrived in the federal capital.

FIR registered against PM, 10 others over death of PTI protesters Express Tribune,29th Sep, 2014

ISLAMABAD: An FIR was registered against Prime Minister Nawaz Sharif and 11 others on Monday on charges of murder, attempt to murder and terrorism over the alleged killing of three Pakistan Tehreek-e-Insaf (PTI) workers, Express News reported. PTI had filed a petition in a district and session’s court for the registration of the FIR against the PM and 10 others after three PTI protesters were killed during clashes between the police and protesters in Islamabad on August 31. On September 27, an additional session’s judge ordered the Secretariat police to register a case against the PM and 10 others while disposing of the petition filed by PTI.

The FIR, whose number is 221/14, includes sections 302, 324, 109 of the Pakistan Penal Code as well as Section 7 of the Anti-Terrorism Act, and has been registered in the Secretariat police station — thereby charging the people included with acts of terrorism and murder. Aside from the prime minister, the FIR has also been registered against Interior Minister Chaudhry Nisar, Punjab Chief Minister Shahbaz Sharif, and Minister for Railways Khawaja Saad Rafique and Defence Minister Khawaja Asif. The order has been issued by the Additional District and Sessions Court


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Judge Shahrukh Arjumand. This is the second FIR that has been lodged against the premier and other cabinet members. The first one was registered on August 29 by the Pakistan Awami Tehreek (PAT) — for the Model Town incident — as ordered by the Lahore High Court (LHC).

Court orders FIR against PM, 10 others The News, 28th Sep, 2014

ISLAMABAD: An additional sessions judge on Saturday ordered the Secretariat police to register a case against Prime Minister Nawaz Sharif and 10 others while disposing of a petition filed by the Pakistan Tehreek-e-Insaf (PTI) over the alleged killing of three political activists on August 30. The PTI had approached the Secretariat Police Station to register a First Information Report (FIR) on the matter against Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, Interior Minister Chaudhry Nisar, Defence Minister Khawaja Asif, Railways Minister Saad Rafique, Islamabad IG, deputy commissioner, IG Railways and three others over the incidents of August 30 that led to the deaths of three people during the protests by the PTI and Pakistan Awami Tehreek (PAT) in the federal capital. The PTI had filed the request days after the August 30 violence but following the police’s failure to register a case, the party approached the sessions court under clause 22-A of the Criminal Procedure Code (CrPC) for redress. Additional Sessions Judge Shahrukh Arjumand issued the order, directing the police to register the FIR against the prime minister and others.

SC to hear plea against PM for allegedly not being ‘Sadiq’ and ‘Ameen’ The News, 27th Sep, 2014

ISLAMABAD: The Supreme Court on Friday admitted a petition for hearing seeking Prime Minister Muhammad Nawaz Sharif’s disqualification for not being ‘Sadiq and ‘Ameen’.The petition filed by the Pakistan Tehreek-e-Insaf’s Ishaq Khakwani was earlier rejected by the registrar Supreme Court after raising several objections. However, on Friday Chief Justice Nasirul Mulk during a hearing in his chamber rejected the objections and admitted the petition.The petition seeks the prime minister’s disqualification on the ground that he had lied on the floor of parliament about the army’s role in negotiations with the PTI and PAT to end the sit-ins.

Act against cable operators for violating rules, LHC tells Pemra The News, 27th Sep, 2014

LAHORE: The Lahore High Court (LHC) on Friday ordered cable operators to explain whether they were broadcasting Geo News transmission and, if yes, at what slot the channel was being run, as the court asked them whether it was shown on its April 19 position. Justice Ijazul Ahsan also directed the Pemra to prepare a report to this effect and submit the same before the court.After hearing the arguments, the court adjourned the hearing till October 2 and directed the Pemra to assess the situation and inform the court after taking action against the cable operators for violating the court order and Pemra rules. The court is hearing constitutional petitions against the closure of Geo News and not restoring its transmission in violation of the court orders.During the course of hearing, the situation turned interesting when the court asked counsel for cable operators from Bahawalpur, Rahim Yar Khan and Gujranwala whether they were broadcasting Geo News. The counsel, Dr Amjad Bukhari, refused to reply, saying that he would inform the court after seeking instructions from his clients. “Why are you appearing before the court if you did not seek instructions from your clients?” the court said.Opposing Geo’s petition, the counsel said the cable operators were not bound to run the transmission of any channel at any specific slot. The viewers could shift any channel at their favourite slot with the help of remote control. “Cable operators neither have a deal with any TV channeled nor do channels make any kind of payment to the cable operators. It is cable operators who oblige the channels.” As the proceedings started, Pemra counsel Zia Shahid Waseer informed the court that action had been taken against cable operators for not broadcasting Geo and show-cause notices were issued to them.

Interrupting the transmission, shunting and shifting the channel were a violation of law for which cable operators could be held accountable, he added.Responding to a query, he told the court that Pemra did not have a mechanism to monitor slots of channels and it also could not check objectionable material. He said after serving notices to cable operators, the Geo transmission had been restored and the slot was the only unsettled issue.At this, the court said Pemra should summon all stakeholders and decide the issue after hearing them. The Pemra counsel said the Geo administration could approach it against any cable operator.The court asked the Geo counsel to prepare a list showing the channel’s slot on April 19, 2014 and its present position. Counsel Jam Asif presented the report at once and argued that the Geo administration wrote hundreds of letters to Pemra about the cable operators but the Authority neither fined any of them nor suspended their licences. The defence counsel again argued that the court had not directed cable operators to run Geo transmission at a specific slot and the channels would have to pay money, if they wanted such favour from cable operators. At this, the Geo counsel said his clients did not wish for transmission at a specific slot and they only wanted to restore Geo to its April 19 position. He reiterated that the cable operators restored Geo’s transmission before court hearing and closed it after the hearing. He pointed out that the Geo administration had moved a contempt petition against an Oman-based company, WorldCall, and requested the court to summon its administration and punish them under contempt of court.

SC seeks govt explanation over denial of rights to the disabled

ISLAMABAD: The Supreme Court again asked the federal government on Wednesday to submit a proper reply to questions raised in a joint petition moved to highlight denial of constitutional rights to people with disabilities. A three-judge bench headed by Justice Saqib Nisar was not satisfied with the reply earlier submitted by the government. It also expressed annoyance over provincial


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Dawn, 26th Sep, 2014 governments’ failure to file replies and directed them to submit these within four weeks. The court also issued notices to the respondents, including Capital Development Authority, Higher Education Commission, Pakistan Electronic Media Regulatory Authority, National Database and Registration Authority, Election Commission and Pakistan Television. The joint petition was moved in February by Barrister Raheel Kamran Sheikh on behalf of the Inclusive Development Network Pakistan (IDNP), a community-based organisation in Karachi. Petitioners Ghulam Nabi Nizamani, Zahida Hameed Qureshi, Asim Zafar, Mohammad Shafiqur Rehman and Javed Rais, all members of the IDNP, named 20 government departments as respondents. The issues highlighted in the petition include non-availability of reliable statistics about people with disabilities and lack of education facilities, employment opportunities, public transport and voting rights.

“Pakistan has ratified the United Nations Convention on the Rights of Persons with Disabilities, which provides a comprehensive framework for the enforcement and protection of the rights of persons with disabilities and imposes specific obligations on all ratifying states, but these people are one of the most neglected, marginalised and unrepresented portions of society. They face multitude barriers which hamper their mainstreaming in society,” the petition regretted. Similarly, it said, a national policy for persons with disabilities was drafted in 2002 and a national plan of action evolved in 2006, but lack of interest and ownership on part of the relevant ministries and organisations of both federal and provincial governments made the two instruments redundant and ineffective. In order to provide for policy-making, policy implementation, employment and rehabilitation of persons with disabilities, the Disabled Persons (Employment and Rehabilitation) Ordinance was promulgated in 1981, but it was only a first step because it did not provide an exhaustive framework for the enforcement of rights and equality, the petition said.

It pleaded that the respondents be asked to implement all provisions of the 1981 ordinance, including establishment of bodies/institutions/funds and ensuring employment against the disability quota in all government departments as well as commercial and industrial establishments. In its earlier reply, the federal government said the enforcement of fundamental rights of the disabled had become a provincial subject after the passage of 18th Amendment. The federal government allocated one per cent quota for the disabled in each cadre/service provided that their names were registered with the employment exchanges of the areas where they lived. In 2000, the reply said, the government had given a 10-year relaxation to the disabled persons for appointment to posts in BS-15 and below. In 2005, the government also decided to accommodate one disabled child of a civil servant. Moreover, the reply said, a civil servant could avail 720 days as disability leave on medical grounds.

SC serves notices on Raja, others The Nation, 25th Sep, 2014

ISLAMABAD - The Supreme Court on Wednesday issued notice to former Prime Minister Raja Pervez Ashraf and others for distribution of discretionary funds among his favourites. The politicians other than ex-PM are Anwar Ali Cheema, Mola Bakhsh Chandio, Liaqat Ali Shabab and Syed Muhammad Shah. A three-judge bench, headed by Justice Mian Saqib Nisar, was hearing the government’s review petition against the court’s December 5, 2013 judgment. Former Chief Justice Iftikhar Chaudhry in the suo motu case had passed the judgment regarding doling out of billions of rupees in the form of development funds by former prime minister Raja Pervaiz Ashraf during the last 10 days of his tenure. The government, in its review petition, mainly challenged the last line of paragraph 39 of the court judgment, which says, “Rule 197 of the Rules of the Procedure, 2007, indicates that in the case of supplementary grants, the assent of the National Assembly is to be obtained before these funds are made available”. The incumbent government expressed apprehensions that if the top court judgment is implemented then it would cause serious governance problems. The judgment had banned the transfer of funds from an account approved by parliament to another as a technical supplementary grant.

This ruling also curtailed the government’s discretionary powers, which are often used in May and June, before the next budget is announced. Attorney General for Pakistan Salman Aslam Butt appearing before the bench stated that the government has no objection over the court’s ruling against the use of fund by former PM in violation of the PEPRA rules. He, however, stated that the government just wants the interpretation of Articles 83, 83 and 164 of the constitution. The bench, however, observed that they would issue notices to all persons, who were interveners in this matter in the past. The hearing of the case is adjourned until the first week of November.

It is to be noted here that former chief justice Tassaduq Hussain Jillani while hearing the government’s review petition on May 14 had allowed the federal government to release funds for development projects if “it is a scheme of national or public interest” without taking parliament’s approval, which was required after the court’s December 5, 2013 judgment. The case is adjourned till first week of November.

Policeman kills blasphemy accused in Adiala jail Express Tribune, 25th Sep, 2014

ISLAMABAD: A policeman shot two men in jail on Thursday, killing one accused of blasphemy and wounding another condemned to death on the same charge, lawyers and an activist said. Christian pastor Zafar Bhatti was killed and 70-year-old British man Muhammad Asghar, who has a history of mental illness, was wounded in the attack in Rawalpindi, next to the capital, Islamabad. In recent


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weeks, Bhatti had received death threats in prison from inmates and guards, his family told a human rights group Life for All. He was being held in the same cell as Asghar. “This is a barbaric act. There had been threats. The court should have instructed police to ensure Bhatti’s safety,” said Xavier Williams of Life for All. Asghar, from Edinburgh, was arrested in 2010 and sentenced to death in January after a disgruntled tenant presented letter she had written saying he was a prophet. Asghar had previously been detained under the mental health act in Britain and diagnosed with paranoid schizophrenia, according to documents his lawyers supplied to Reuters. His lawyers were barred from attending the last few months of his trial. The law firm asked not to be identified for fear of being targeted by extremists. This year has seen a record number of blasphemy accusations, according to an Islamabad-based think-tank, the Center for Research and Security Studies. Many analysts say the claims are increasingly used to settle scores or grab property. Blasphemy charges are hard to fight because the law does not define what is blasphemous. Presenting the evidence can sometimes itself be considered a fresh infringement. Those accused of blasphemy are often lynched and lawyers in defending those accused of blasphemy cases have frequently been attacked.

Judges have been attacked for dismissing cases and many of the accused face years in jail as their trials drag on. At least 48 people accused of blasphemy have been extrajudicially killed, including seven in prison or outside court, according to Life for All. Earlier this year, a prominent human rights lawyer representing an English professor accused of making a blasphemous Facebook post was shot dead after prosecution lawyers had threatened to kill him in front of a judge. Last week, gunmen shot dead a liberal professor of Islamic studies in Karachi. The killing followed years of threats from his colleagues and allegations of blasphemy. Two prominent politicians who suggested reforming the law have been killed, one by his own bodyguard. Another politician who discussed reforming the law on television is now facing blasphemy charges.

SC to hear govt plea against Musharraf’s travel plans Dawn, 24th Sep, 2014

ISLAMABAD: The Supreme Court is expected to resume from Oct 1 the hearing of a government appeal that will determine whether retired General Pervez Musharraf – who is currently on trial for treason – can go abroad to see his ailing mother. A five-judge bench, consisting of Chief Justice Nasirul Mulk, Justice Anwar Zaheer Jamali, Justice Saqib Nisar, Justice Asif Saeed Khosa and Justice Ejaz Afzal, will hear the government challenge against the Sindh High Court (SHC) order of June 12, which ordered that Musharraf’s name be removed from the Exit Control List (ECL). The appeal was hurriedly filed by the government on June 14, which challenged the high court order on the apprehension that once Musharraf leaves the country, he is unlikely to come back to stand trial under Article 6 of the Constitution. At the last hearing, held on June 23, the Supreme Court had suspended the high court judgment until it delivered a verdict on the appeal and also formulated a set of questions to determine whether the former president could be allowed to leave the country without modifying its earlier verdict.

On April 8 last year, the Supreme Court had issued directives to the government to place Musharraf’s name on the ECL and ensure that he does not leave the country until the order was varied or modified. Pleading the government appeal in the fresh case, Attorney General Salman Aslam Butt had argued at the time that the government was merely following the Supreme Court’s orders of April 8. The apex court explained that it granted leave to appeal on the government petition to consider whether the April 8 order was not an interim order, because it had been merged into the final order of July 3, 2013. Secondly, the SHC could have struck down the office memorandum of April 5, 2013, that placed the former military ruler’s name on the ECL, issued in compliance with the March 29, 2013, high court order duly reaffirmed by the Supreme Court on April 8. Thirdly, the questionnaire asked whether Musharraf could be permitted to leave the country without modification or reversal of the April 8 order of the Supreme Court. And lastly the memorandum, having been passed in compliance with the order of the high court, was not covered by Rule 2(f) of the Exit from Pakistan (Control) Rules, 2010. Meanwhile, Taufiq Asif, a former president of the Rawalpindi chapter of the Lahore High Court Bar Association, moved a similar petition, arguing that the April 8 order still holds and has never been varied in any manner by the Supreme Court. However, the petitioner contended that Gen Musharraf moved his petition, which was entertained by the SHC despite there being no change in the SC order.

SC asks govt to give reasons for ending power subsidy The News 24th Sep, 2014

ISLAMABAD: Supreme Court’s senior judge Justice Jawwad S Khwaja remarked on Tuesday that the government should give reasons for ending the subsidy on electricity. Hearing the power loadshedding case as the head of a three-member SC bench, Justice Jawwad said the court would look into and compare the electricity prices in different countries and the attorney general would be called if needed.

Justice Jawwad remarked that the Indian government bore with the world financial bodies pressure but did not withdraw the subsidy on electricity. He wondered if providing facilities to the people was not a responsibility of the government. He said that last year, the court was informed that circular debt had been paid off. But it had again piled up in hundreds of billions of rupees. He said the government in Pakistan was ending the power subsidy on world bodies’ pressure. Justice Jawwad


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said if it was wrong to ask about subsidy withdrawal by the court. Counsel for the government stated that to continue power subsidy, funds will have to be cut from the education sector. Another bench member Justice Dost Muhammad Khan said the fuel adjustment formula was wrong. He remarked that the government here increases even the stock prices when the oil prices are increased in the world market. The hearing was adjourned for 10 days.

LHC criticises prolonged sit-ins, aggression shown by protesters’ The News 23rd Sep, 2014

LAHORE: The Lahore High Court Monday came down hard on prolonging sit-ins in Islamabad and observed that protesting people had employed a strange way of self-defence wherein they ferociously hit back if government tried to stop them. A full bench was hearing petitions against Azadi and Inqilab marches taken out by Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehreek (PAT). Justice Khalid Mahmood headed the bench while Justice Shahid Hameed Dar and Justice Anwarul Haq are other members. Justice Khan also took government to task for failing to implement August 13 order passed by the court when petitioner’s counsel urged the bench to initiate contempt proceedings against Imran Khan and Dr Tahirul Qadri for taking out marches and holding sit-ins. The judge observed that both the government and protesting parties were bound to obey the court order. He, however, asked the counsel to file separate application for initiating contempt of court proceedings against the political parties holding sit-ins.

Advocate A.K Dogar represented the petitioners. Justice Khan expressed wonder over the way of protest adopted by the parties and said one could not find any example in country’s history of the activities being carried out by the parties. Law officers of federal and provincial governments sought time to file replies to the petitions. The bench allowed the request and adjourned hearing till September 29. Hearing another petition for putting a ban on PAT, the bench expressed concern over non-availability of a judicial inquiry report about a life attempt on Dr Qadri some 23 years ago. The bench directed Punjab home secretary and LHC registrar to submit the report at next hearing. Earlier, Advocate General Hanif Khatana told the bench that the inquiry was not available in the record of home department. He sought more time for the search of the report. The bench adjourned hearing till September 29 and also issued notices to PAT chief and others on a plea demanding details of expenses being incurred on the protest sit-in being held by the PAT.

Earlier, the federal government submitted record of alleged controversial speeches delivered by TuQ at public gatherings. A citizen Amjad Ali filed the petition through Fahad Ahmed Siddiqui and contended that Dr Qadri had been trying to create anarchy by delivering provoking speeches at public gatherings. He said the PAT leader caused an unrest and also risked law and order situation in the country. The petitioner alleged that the workers of PAT resorted to violent activities and tortured policemen in Islamabad. He said the right to express was not unbridled but subject to certain laws. He asked the court to put a ban on PAT for being involved in violent and unconstitutional activities and pointed out that a judicial commission headed by Justice Akhtar Hussain of the LHC had declared the murder attack on Dr Qadri a drama.

SC grants bail to main accused The News 23rd Sep, 2014

ISLAMABAD: The Supreme Court (SC) on Monday granted bail to Rao Shakeel Ahmed, the main accused in the Haj corruption scandal, on depositing security bond of Rs10 million. A three-member bench of the apex court headed by Justice Anwar Zaheer Jamali accepted the bail application filed by Rao Shakeel Ahmed, the former DG Haj who has been behind the bars for the last four years. The court granted bail to Rao Shakeel directing him to deposit security bonds of Rs10 million besides directing him to deposit his passport with the Registrar’s Office.The court ruled that Rao Shakeel would not go abroad without the permission of the court, adding that his bail application would be cancelled if he failed to appear before the trial court.

Asma Jehangir, counsel for Rao Shakeel while appearing before the court, submitted that her client had been in jail for four years adding that the National Accountability Bureau (NAB) had decided cases of other accused in the instant matter, however, the case of her client was being handled at a slow pace. She alleged that media trial of her client was in progress.Public prosecutor Hassan Chaudhry, however, said Rao had taken a lot of perks and privileges, adding that there was no case against him in Lahore but being an influential person, he kept himself in jail in Lahore. He further informed the court that they had filed four applications during the last 15 months, adding that the accused was tried in a friendly manner.

Justice Anwar Zaheer Jamali observed that the court had to see that a person had been in jail for the last four years and whether he could be kept in jail for an unlimited period.The prosecutor submitted that there was no trial in progress against the accused. He said that Rao was accused of embezzlement of over Rs18.8 crore and he had deprived four million people of Haj. The prosecutor further submitted that he had yet to be produced before the trial court. Witnesses in the instant case were also to be produced.He further submitted that Rao Shakeel was not appearing before the court and sought adjournments.Asma Jehangir, however, assured the court that the accused would ensure his appearance before the court any time the court summoned him.

Growing litigation challenge to judiciary: CJP

ISLAMABAD- The National Judicial (Policy Making) Committee (NJPMC) has observed that National Judicial Policy revised more than two years ago should be revisited to further improve the


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The Nation, 21st Sep, 2014 performance of justice system. The NJPMC meeting was held here at the Supreme Court on Saturday to review the performance of district judiciary with reference to disposal of cases. The meeting asked the chief justices of the high courts to make recommendations for consideration of NJPMC. Chief Justice Nasirul Mulk stated that the major challenge being faced by the judiciary is to tackle increasing litigation; therefore, judiciary must adopt proactive approach to decide cases expeditiously. He stressed for revisiting the strategies to make them responsive to meet the challenge of ever growing litigation. The committee also reviewed the implementation status of its recommendations regarding allocation of additional funds to strengthen district judiciary in terms of human resource and infrastructure. The committee recommended that the process of recruitment against the sanctioned posts might be completed as early as possible.

The justices of AJK and Gilgit-Baltistan informed the meeting that shortage of judges and lack of proper infrastructure are adversely affecting the performance of judiciary in AJK and Gilgit-Baltistan and requested the committee to make recommendations for strengthening the judiciary in terms of human resource and infrastructure. After deliberations, the committee recommended to the government for allocation of funds for strengthening the judiciary of AJK and Gilgit-Baltistan. The committee also considered the complaints of district attorneys regarding their deficient service structure and disparity in pay and allowances and made recommendations to the provincial governments for improving their service structure. The meeting was attended by Justice Sardar Muhammad Raza, Chief Justice Federal Shariat Court, Justice Muhammad Anwar Khan Kasi, Chief Justice Islamabad High Court, Justice Maqbool Baqar, Chief Justice Sindh High Court, Justice Mazhar Alam Khan Miankhel, Chief Justice Peshawar High Court, Justice Kh Imtiaz Ahmad, Chief Justice Lahore High Court, and Justice Ghulam Mustafa Mengal, Chief Justice High Court of Balochistan. Justice Mohammad Azam Khan, Chief Justice of Azad Jammu and Kashmir, Justice Rana Muhammad Arshad Khan, Chief Judge Supreme Appellate Court Gilgit-Baltistan, Justice Ghulam Mustafa Mughal, Chief Justice High Court of Azad Jammu & Kashmir, Justice Sahib Khan, Chief Judge Chief Court Gilgit-Baltistan, and Raja Akhlaq Hussain, Secretary NJPMC, and the registrars of the superior courts also attended the meeting.

CJ calls for review of judicial policy Dawn, 21st Sep, 2014

ISLAMABAD: The National Judicial (Policy Making) Committee (NJPMC), a body which works on building capacity of the justice system in order to improve its performance, has emphasised the need for revisiting the National Judicial Policy (NJP), a brainchild of former chief justice Iftikhar Muhammad Chaudhry, which was introduced during his tenure amid fanfare. A meeting of the committee at the Supreme Court building on Saturday reviewed the performance of district judiciary with reference to disposal of cases. Chief Justice Nasir-ul-Mulk, who presided over the meeting, observed that because it had been more than two years since the NJP had been revised, it should be revisited to further improve the performance of the justice system.

Chief justices of high courts asked to submit recommendations needed to improve the system

He asked the chief justices of high courts to submit recommendations to the committee about measures needed to improve the system. The NJP was introduced by Justice Chaudhry in 2009 with an objective to improve the image of the judiciary by ridding it (particularly the lower judiciary) of corruption, strengthen the independence of judiciary and eliminate the backlog of cases at all levels. The policy also envisioned protecting the rights and interests of the poor and downtrodden segments of society, helping break the shackles of cruelty and injustice and ensuring economic growth and social progress in the country. Chief Justice Mulk said the main challenge being faced by the judiciary was how to tackle increasing litigation and advised the bench and bar to adopt proactive approach for expeditiously deciding the cases. He stressed the need for revisiting strategies in order to meet the challenge. Currently the Supreme Court is seized with a colossal balance of 22,089 pending cases. That was the reason why the chief justice, while opening the new judicial year on Sept 8, had assured participants of the ceremony that the court was aware of its responsibility of reducing the backlog. “An effort to eliminate the backlog of cases is underway in the court and efforts would be pursued in future with greater energy and dynamism,” he had said.

He had expressed the hope that by the summer of 2015, the backlog of criminal cases in the apex court would be wiped out and a similar effort would be made to tackle the backlog of constitutional, civil, revenue and other cases. The committee also reviewed the status of implementation of its recommendations about allocation of additional funds to strengthen district judiciary in terms of human resources and infrastructure. It recommended that the process of recruitment of staff against the sanctioned posts should be completed as early as possible. The Chief Justice of the Supreme Court of Azad Jammu and Kashmir, Mohammad Azam Khan, and the Chief Justice of Supreme Appellate Court of Gilgit-Baltistan, Justice Rana Muhammad Arshad Khan, informed the meeting of the shortage of judges and lack of proper infrastructure, which were adversely affecting the performance of the judiciary. After deliberations, the committee recommended to the government to allocate the funds needed to strengthen the judiciary of AJK and Gilgit-Baltistan. It discussed complaints made by district attorneys about their “deficient service structure” and disparity in pay and allowances and recommended to the provincial governments to improve the


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service structure. The NJPMC was constituted in 2002 under an ordinance.

LHC seeks report against Nawaz, Zardari, Imran, others The News, 20th Sep, 2014

LAHORE: The Lahore High Court (LHC) on Friday sought a report from the authorities against 60 personalities, including Prime Minister Nawaz Sharif, PPP Patron-in-Chief Asif Ali Zardari and PTI Chairman Imran Khan, in a money laundering case. Justice Aminuddin Khan of the LHC heard the petition filed by Barrister Javed Iqbal Jafree for bringing back foreign assets of politicians, lawyers and others, and sought replies from the attorney general, advocate general Punjab and Federal Investigation Agency. The court adjourned the hearing till Sept 29 and directed three of the respondents to provide copies of their replies to the petitioner. Previously, the petition had been heard by Justice Khalid Mahmood Khan. In this case, the court had already decided to proceed ex-parte (one-sided) against the respondents for not submitting their replies. A newspaper proclamation was also published on the court’s order. The politicians who neither appeared before the court nor made their representation through counsel included Prime Minister Nawaz Sharif and his wife Kulsoom Nawaz, Punjab Chief Minister Shahbaz Sharif, his son Hamza Shahbaz, former president Asif Ali Zardari, his son Bilawal Bhutto and others.

Barrister Aitzaz Ahsan, his wife Bushra Aitzaz and Chaudhry Qamaruz Zaman had so far filed their replies.Barrister Javed Iqbal Jafree filed this petition, saying the respondent politicians transferred at least 300,000 million US dollars to foreign countries through money laundering. He said by doing this, the respondents caused a huge loss to the national exchequer. He asked the court to issue directions to these politicians to bring back their assets to Pakistan. Former prime minister Yusuf Raza Gilani and his wife, former president Asif Ali Zardari, Bilawal Bhutto Zardari, Faryal Talpur, former president Gen (retd) Pervez Musharraf, Interior Minister Chaudhry Nisar Ali Khan, former interior minister Rehman Malik, PML-Q chief Chaudhry Shujaat Hussain, Pervaiz Elahi, Faisal Saleh Hayat, Javed Hashmi, Maulana Fazlur Rehman, governor Sindh Ishratul Ebad, Ghulam Mustafa Khar, Speaker National Assembly Sardar Ayaz Sadiq, Farooq Sattar, Jahangir Tareen, Finance Minister Ishaq Dar, Sheikh Rasheed, Malik Riaz Hussain of Bahria Town, former Chief Justice of LHC Iftikhar Hussain Chaudhry, former presidents of SCBA Hamid Khan, Najam Sethi, Wasim Sajjad, Sharifuddin Pirzada and Ahmar Bilal Soofi and others were made party in the case.

IHC issues notice to secretaries, NDMA, flood commission The Nation, 20th Sep, 2014

ISLAMABAD - The Islamabad High Court (IHC) Friday issued notices to secretaries cabinet and water & power, NDMA and Flood Commission in a petition seeking court’s directions to the respondents to build water storage reservoirs and dams in the country to save the people from devastations of floods. Chief Justice Muhammad Anwar Khan Kasi issued the notices on a petition moved by Kokab Iqbal Advocate through Daud Ghaznavi Advocate and deferred the hearing till next week. The petitioner cited secretaries cabinet division and water & power, National Disaster Management Authority (NDMA) and Federal Flood Commission of Pakistan as respondents. In the petition, Ghaznavi stated that floods are an annual phenomenon in Pakistan which wreak death and destruction on a colossal scale and this year also Punjab and Sindh have been severely hit by the onslaught which has destroyed rice and cotton crops worth billions of rupees apart from wide spread devastation of loss of life and property as also of cattle heads. He maintained that the government of Pakistan has not done any long-term planning for permanent solution to this problem, which is crying need of the hour.

Advocate Daud informed the court that the government blasted the headworks as they did with Trimu Headworks to save the city of Jhang as a result of which thousands of villages inundated in many areas. He adopted that the respondents must do serious long-term planning for permanent solution to the problem of floods and must build storage reservoirs and dams for containing the water coming from India, which can be utilised for irrigation and power generation. The counsel contended that floods control commission and NDMA should be made accountable and should be sensitised to work ceaselessly to meet the challenge of the rain and flood havoc. He maintained that the concerned departments and authorities must be taken to task for ignoring the flood and heavy rains warning given in advance in July and after that also by the metrological office. Ghaznavi was of the view that the present sorry state of affairs due the flood and rain is violation of fundamental human rights of the people of Pakistan who are suffering due to the inefficiency, corruption and lack of planning and good governance by the government. Therefore, he prayed to the court that it may order in the nature of mandamus directing the respondents to build water storage reservoirs to contain the flood and river water, especially on the side of India, and long-term planning may be done for saving the poor from the flood and rain havoc. He also requested the court for taking to task the concerned authorities and officials for not making proper arrangements for saving the people.

SC to hear govt plea for review of 2013 verdict Dawn, 20th Sep, 2014

ISLAMABAD: The Supreme Court decided on Friday to commence the hearing of a government plea seeking a review of its June 12, 2013, judgment which virtually has become a snag in the appointment of heads of some important government offices. A three-judge bench headed by Chief Justice Nasir-ul-Mulk directed the court office to fix the plea for hearing on Sept 24. The bench is hearing an application moved by Deputy Attorney General Sajid Ilyas Bhatti on behalf of the Drugs Regulatory Authority of Pakistan (Drap) in a pending suo motu case about the increase in drug


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prices. On Thursday, the court had summoned Attorney General Salman Aslam Butt to explain why a drug pricing policy had not yet been formulated and why Drap was without a chief executive officer. On Friday, the AG conceded the government’s inability to appoint the Drap CEO, but requested the court to revisit its 2013 verdict which had issued certain guidelines suggesting the appointment of heads of government offices through a system of commission.

The judgment obstructs appointment of heads of important offices

In a separate case relating to the appointment of chairman of the Federal Services Tribunal (FST) on July 24, the apex court had noted that the government had not filed any review petition against its judgment in the Khawaja Asif case, but it decided to constitute a five-judge larger bench to determine if the court could review the verdict on the government’s informal request. The court had also decided that Justice Gulzar Ahmed and Justice Ijaz Chaudhry would be members of the larger bench whenever it was constituted because they were part of the bench which had issued the judgment in the Khawaja Asif case. In its June 12, 2013 verdict, the court had ordered the constitution of a three-member commission comprising competent and independent members with impeccable integrity for the appointment of heads of government offices.

The court had observed that it was the fundamental right of a citizen under Article 9 of the Constitution that the national wealth and resources must remain fully protected whether under the control of banks or autonomous and semi-autonomous organisations. The commission should be mandated to ensure that all public sector appointments were made solely on merit. On Friday, the court also asked advocates general to submit concise statements on the centre’s plea for the review of the 2013 judgment. The heads of important government offices who are yet to be appointed are: Chief Election Commissioner, chairmen of FST, Export Processing Zone Authority, Federal Board of Intermediate and Secondary Education, Karachi Port Trust, Vocational and Technical Training Commission, Services Tribunal, Employees Review Board, Implementation of Tribunal of Newspaper Employees, Intellectual Property Rights Organisation, Pakistan Council of Scientific and Industrial Research, Pakistan Council of Research and Water Resources, Earthquake Reconstruction and Rehabilitation Authority, National Institute of Oceanography, National Trust Population Welfare, Council of Works and Housing Research and Science Foundation and director general of Pakistan Institute of Management, chief executive of Pakistan National Council of Arts, managing directors of Associated Press of Pakistan and National Trust for Disabled and director general of National Institute of Electronics.

Special Court likely to summon Musharraf in Oct The News, 19th Sep, 2014

ISLAMABAD: The high treason case against former president Gen (retd) Pervez Musharraf came up for hearing on Thursday. It is likely that the Special Court will summon him the next month for recording his statement under Section 342 of the Criminal Procedure Code CrPC. A three-member bench of the Special Court, headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali, resumed hearing into the Federation’s complaint for initiating the high treason case against Musharraf for violating the Constitution on November 3 by proclaiming the emergency rule in the country. The court adjourned the hearing till October 1 after defence counsel Barrister Farogh Nasim cross-examined Khalid Qureshi, the head of the investigation team.The court on October 1 will take up the application filed by the defence team, praying to dismiss the complaint as having been defectively framed and filed in violation of, inter alia, articles 9, 10-A and 25 of the Constitution. The defence had prayed to include former prime minister Shaukat Aziz who wrote a letter to Pervez Musharraf, inviting him to impose emergency; the entire federal cabinet as of 3.11.2007; members of the National Assembly as of 6.11.2007; all the governors of the four provinces as of 3.11.2007; all services chiefs as of 3.11.2007; all corps commanders as of 3.11.2007; all senior members of the Armed Forces of Pakistan as of 3.11.2007; the worthy Chief of the Army Staff between 28.11.2007 to 15.12.2007, etc. After concluding the hearing into defence application to be taken up on October 1, it is likely that the court may summon Musharraf the same month for recording his statement under Section 342 of CrPC.

The prosecution, however, on Thursday, while submitting its reply requested the court to dismiss the instant application on the grounds that till the time that the accused steps into the witness box and deposes about alleged aiders/ abettors/ collaborators and the veracity of his statement is tested through cross-examination, it cannot be said that there is an evidence of involvement of any other persons. The reply submitted by Muhammad Akram Sheikh, the prosecutor, contended that in the light of the testimony of Shahid Khan, secretary interior, it was established that there was no role of any other person as collaborator/co-accused adding that his entire testimony in fact re-emphasises that no material was found during the inquiry against any other person. The prosecution further contended that Shahid Khan, during his testimony, also stated that any alleged aiders/ abettors/ collaborators as mentioned in the last recital of the Proclamation of Emergency were the assertion of accused. The prosecution further submitted that the accused has time and again attempted to use the alleged co-accused as a curtain to hide behind and to justify hisactions. “The accused must pay heed to his own actions which are subject matter of instant trial, irrespective of any co-accused being either arrayed or being together with him separately,” the


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reply said. Earlier, Farogh Nasim, counsel for Pervez Musharraf, concluded the cross-examination of Khalid Qureshi, head of the investigation team in the instant case.Khalid Qureshi told the court that the notice was not issued to Lt General Hamid Javed, Chief of Staff to General (retd) Pervez Musharraf, for recording his statement. He submitted that the Ministry of Defence was approached for collection of record regarding November 3, 2007; however, the said record was not found over there. He further submitted that nobody was held responsible for losing the record from the Presidency. Khlaid Qureshi submitted that it was incorrect to suggest that at the behest of Prime Minister Nawaz Sharif, the present proceedings had been initiated on mala fide intention and only to single out Pervez Musharraf.

Khalid Qureshi further said that it was incorrect to state that the material regarding the advice to president for imposing an emergency was suppressed. “It is also incorrect to state that I have falsely implicated Pervez Musharaf in the instant case and also incorrect that the initiation of case against Pervez Musharaf is illegal, partial and biased,” Khalid Qureshi said. Replying to another question of defence, Khalid Qureshi said that it is incorrect to state that he has relation with the members of the ruling PML-N government.“Is it true that you have twisted all the statements in the Benazir Bhutto murder case just to implicate Pervez Musharraf?” Farogh Nasim asked Khalid Qureshi. Khalid Qureshi, however, denied it saying that it was incorrect to state that he deliberately attempted to implicate Pervez Musharraf. He submitted before the court that he was the head of the investigation team since 2004 while probing the suicide attacks on Pervez Musharraf.

Mismanagement: SC bristles at absence of drug pricing policy Express Tribune, 19th Sep, 2014

ISLAMABAD: The Supreme Court has expressed its annoyance at the federal government for not appointing the permanent Chief Executive of Drug Regulatory Authority of Pakistan (DRAP) as yet. The court has also summoned the Attorney General for Pakistan today (Friday) to account for the delay. Hearing a suo motu case regarding an increase in the price of medicines, the three-judge bench of the apex court headed by Chief Justice of Pakistan Nasir ul Mulk also asked the AGP to explain why the drug pricing policy has not been framed despite the passage of eight years. The bench lamented that most of the state’s institutions are running on ad hoc policies. The court was surprised to learn that there is no specific punishment for any pharmaceutical company found guilty of illegally increasing the price of medicines. The chief justice said the matter is pending since 2006 and now the court will hear and issue a ruling in this regard.

Deputy Attorney General (DAG) Sajid Ilyas Bhatti said that after the passage of the 18th Amendment in 2010, the pharmaceutical companies have immensely increased prices of medicines. He stated that when the authority gave them notices, the companies challenged the DRAP’s orders in different high courts. Abdul Hafeez Pirzada, counsel for the Association of Pharmaceutical Companies, told the bench that the top court has no power to take all the cases from high courts directly. He stated that the SC has the power to transfer a case from one high court to another one under Article 186 of the Constitution but it could not bring the case to the apex court. In an application DRAP has requested the Supreme Court to take over all cases pending in various courts regarding an increase in prices of medicines. The DAG added that pendency of different litigations on the subject before different courts in different jurisdiction may cause conflicting views and the question of jurisdiction should be decided once and for all. He said 25 cases against DRAP decisions are pending in Sindh High Court at the moment.

Justice Amir Hani Muslim lamented that no physical punishment is given to the owner of any company that increases prices of medicines illegally. Once companies pay a fine for doing so, they start selling medicines at high prices again, he said. Justice Gulzar Ahmad observed that the licences of such companies should be cancelled. The chief justice also asked the DAG why DRAP did not move appeals against the high courts’ restraining orders in favour of pharmaceutical companies. The law officer admitted that DRAP did not approach the SC in any case. Later, the bench was told that DRAP’s acting chief executive is heading the authority. DRAP has blamed the manufacturers and importers of medicines for dragging the authority into the issue of drug pricing. The subject of licensing, registration, import, export, quality control and fixation of prices of different drugs comes under DRAP’s ambit and the authority is supervised by the Ministry of National Health Services, Regulations and Coordination in Islamabad. Meetings with pharmaceutical manufacturers or importers are convened in Islamabad as well and SROs or notifications are also issued from the federal capital. Therefore DRAP states, only the IHC has the jurisdiction in such matters.

However, manufacturers and importers filed civil suits before the Sindh High Court, Lahore High Court or before a civil judge in Lahore, which was not permissible under the law. The companies managed to obtain interim injunctive orders in their favour. Under Section 12 of the Drugs Act, 1976, the federal government is empowered to fix maximum retail prices of drugs and has already approved the drugs pricing committee of DRAP to fix and review maximum retail prices of drugs subject to approval by the federal government. Similarly, Section 39 bars all civil courts, except a drug court, to have jurisdiction in the matter.


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IHC orders quashing of FIRs against PTI, PAT activists The News, 18th Sep, 2014

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the Islamabad police to quash FIRs against 600 workers of two political parties arrested over alleged violation of Section 144. A single member bench of IHC, comprising Chief Justice Muhammad Anwar Khan Kasi, resumed hearing of a plea filed by Niaz Ullah Niazi against the arrest of political workers who were participating in the sit-ins of the Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT). During the course of the hearing, Niazi apprised the bench that the police did not release all political workers despite the court orders. He prayed the court to order police for quashing the FIRs against the arrested workers and release them as soon as possible. The federation’s counsel in his arguments said that police filed the cases against protesters by crossing their limits and violating the law. The IHC chief justice, however, observed that no one should be allowed to take steps above the law and disposed of the case. Faisal Kamal Pasha adds: Meanwhile, Justice Athar Minallah of the Islamabad High Court (IHC) while hearing the writ petition of the Pakistan Tehreek-e-Insaf (PTI) against imposition of Section 144 in the Islamabad Capital Territory (ICT) observed that the police should not exceed the legal ambit and the protesters should also not take the law into their hands.

The IHC bench ordered that the courts be consulted in case of illegal use of power and a district magistrate should ensure the presence of the Ilaqa magistrate for 24 hours. It said from now onwards if police ever exceeded the law, district magistrate will be held responsible. In the previous hearing on the petition on Monday, September 15, the IHC bench had directed the deputy commissioner Islamabad to appear in person before the court Wednesday. However, Additional Deputy Commissioner Maryam Khan appeared before the court and sought some time to submit reply, saying that the deputy commissioner was out of town. All the petitioners, Jehangir Tareen, secretary general PTI, Shah Mehmood Qureshi, vice chairman PTI, Dr Arif Alvi, Asad Umar and Shafqat Mehmood appeared before the court.Jehangir Tareen told the court that police had been harassing PTI workers. He said participants of the protest sit-in were arrested when they head back to their homes after participating in the dharna. The PTI MNA Asad Umar told the court that there was marked difference between the attitude of Islamabad police and Punjab police. He said those who were arrested by Punjab police were beaten and tortured.

Counsel for PTI Farrukh Dal Advocate told the court that police snatched money, mobile phones and other belongings from the arrested protesters. Justice Athar Minallah while addressing the PTI leadership said that “you people belong to a peaceful political party that played an active role for the independence of judiciary. Your side also exceeded the law. If the arrests were not made in accordance with law, you people even then should have shown restraint and should not have taken law into your hands. Make it sure that from now onwards, you people will not take law into the hands and cooperate with the administration.”The judge said the PTI activists should have trusted the courts. “It is quite evident that PTV was attacked, people trespassed the building and the violent protesters also injured an SSP Islamabad. Even you people have disassociated yourself from the incident but nobody could deny these incidents. Some other elements could take benefit of the situation,” Justice Athar said. The court in its ruling said that in any case police should not exceed the ambit of law and district magistrate must ensure this in letter and spirit.“Police should only comply with the orders of an authorised magistrate,” the court said. It directed the district magistrate and a deputy attorney general to submit detailed report in this matter till tomorrow (Friday) and adjourned the hearing.

PTI approaches court for case against PM, CM, others The News, 18th Sep, 2014

ISLAMABAD - After Pakistan Awami Tehrik (PAT), Pakistan Tehrik-e-Insaf has also approached a session’s court of the federal capital for registration of case against prime minister, chief minister Punjab, federal ministers and some police officials for the killing and injuring of its workers on August 31 when clashes broke out between protesters and police in Islamabad’s Red Zone. In this regard, Additional District and Sessions Judge Shahrukh Arjumand Wednesday issued notices to station house officer (SHO) police station Secretariat on an application filed by PTI Vice Chairman Shah Mehmood Qureshi under Section 22-A for registration of case. The court also directed the SHO to submit his report in this matter on September 19 (Friday).

Qureshi stated that PTI workers were killed and injured due to torture, firing, shelling and baton charge of police on them when they were peacefully marching towards Prime Minister House on August 31. He further said that on September 1, PTI leaders had submitted an application against this police violence with the Secretariat police for registration of case against Prime Minister Nawaz Sharif, Chief Minister Punjab Shahbaz Sharif, Federal Interior Minister Chaudhary Nisar Ali Khan, Defence Minister Khawaja Muhammad Asif, Railways Minister Khwaja Saad Rafiq, then acting Inspector General (IG) Islamabad Police Khalid Khattak, IG Punjab, IG Railways police, deputy commissioner Islamabad, SSP operations and other police officials. He informed the court that police did not register the case on their application. Therefore, they have moved the court for registration of the case. During the hearing, Farrukh Dal Advocate, the counsel for Shah Mehmood, appeared before the court and contended that nominated people were directly and indirectly involved in the incident but police had not registered the FIR of the case yet. Therefore, he prayed


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to the court to direct the SHO to register the case. After hearing his arguments, the court issued aforementioned directions and deferred the hearing for further proceedings till Friday.

SC seeks evidence in Mukhtar Mai case Dawn, 18th Sep, 2014

ISLAMABAD: The Supreme Court on Wednesday sought all the evidence in the infamous Mukhtar Mai rape case. A three-judge Supreme Court bench headed by Justice Saqib Nisar had taken up a review petition filed by Mukhtar Mai on Thursday. The bench sought the complete case record, but was informed that the evidence was not available in the court’s records, as it had been sent back to the trial court. Through a petition filed on May 19, 2011 before the apex court, Mukhtar Mai sought review of the April 21, 2011 verdict that rejected her appeals for the enhancement of the sentence of her rapists and challenged the acquittal of those who had gang raped her over 12 years ago. Appearing on behalf of the petitioner, senior counsel Aitzaz Ahsan argued that there were at least nine instances where evidence had not been noticed, which was enough to prove that the 2011 judgment could not be sustained and was therefore contrary to the fundamental rules of dispensation of justice.

In August 2002, an Anti Terrorist Court (ATC) had sentenced six men to death; four for raping Mukhtar Mai while two for being part of the jirga that issued the decree to that effect. The remaining eight were released and subsequently freed. Later, the Multan bench of the Lahore High Court commuted the sentence of the accused (Abdul Khaliq) in its March 3, 2005 judgment, but also acquitted the abettors who gang-raped Mai on June 22, 2002 on the orders of a village panchayat, convened by the influential Mastoi tribe in the Southern Punjab village of Meerwala. The incident instantly invited criticism and aroused international attention at that time. The village council was convened by the Mastoi tribe to seek punishment for Mai’s brother Shakoor, who was 12 years old at the time. Shakoor was accused of having an illicit relationship with a young girl, and the council suggested that he be married to the girl in question, while his elder sister Mai should be married to a man from the Mastoi tribe. But the Mastois rejected the deal and insisted that the offence of adultery should be repaid with adultery.Subsequently, Mukhtar Mai was called by the council to apologise for her brother’s conduct. He had already been sexually assaulted by the Mastoi men and she too was allegedly dragged to a nearby hut and gang raped by four men. But the Supreme Court, by a majority of two to one, dismissed appeals of Mukhtar Mai. However, the court maintained that Abdul Khaliq, the principal accused out of a total of 14 suspects, would continue to serve out his life sentence. In its detailed judgment, the apex court also ordered the release of all the accused who were arrested on its order of July 28, 2005. In her review plea, Mukhtar Mai stated the verdict rendered by the apex court was a great miscarriage of justice.

IHC summons DC The Nation,17th Sep, 2014

ISLAMABAD - The Islamabad High Court Tuesday summoned deputy commissioner Islamabad to appear before the court in person on Wednesday (today) in Pakistan Tehrik-e-Insaf writ petition in which it had challenged the imposition of section 144 in Islamabad capital territory by the administration of the federal capital. A single bench of IHC comprising Justice Athar Minallah issued these orders on the petition of PTI leaders who moved the court through their counsel Farrukh Daal Advocate and adjourned the hearing till Wednesday (today). During the hearing of the petition, all the petitioners including Jahangir Tareen, secretary general PTI, Shah Mehmood Qureshi, vice-chairman PTI, Dr Arif Alvi, Asad Umar and Shafqat Mehmood appeared before the court. Talking to media after court proceedings, PTI Vice Chairman Shah Mehmood Qureshi said that on the pretext of section 144, the government is arresting and harassing the peaceful protesters. He said that despite court directions, Islamabad administration did not remove containers from the roads of federal capital for its political motives and the administration is arresting political workers. Qureshi remarked that the change is not occurring rather the same has occurred in this country. In their petition, they nominated ministry of interior, inspector general of Islamabad police, IGP Punjab, IGP Azad Jammu & Kashmir, chief commissioner and deputy commissioner ICT as respondents. They maintained before the court that the freedom of speech is a fundamental right recognised at international level and an essential component of democracy. The petitioners added that PTI started off its Azadi March, which was announced earlier on June 27 in a public gathering in Bahawalpur, and has been protesting peacefully against the massive rigging in the May 2013 general elections. They stated that PTI moved from Kashmir Highway to Constitution Avenue peacefully. They alleged that the former IGP Aftab Cheema refused to the instructions of interior ministry and thus he was penalised.

They informed the court that in the peaceful protest, the PTI chief had been demanding resignation of the prime minister for impartial investigations into the May 2013 elections. They said that between the night of 30th and 31st August several PTI workers, supporters and participants of PTI sit-in were arrested by Islamabad, Punjab and AJ&K police while deputy commissioner Islamabad proclaimed section 144 in Islamabad capital territory on August 07. The petitioners contended that after the PTI chief announced to celebrate One Nation Day on successful completion of one month of the sit-in, the law enforcement agencies started harassment of the PTI workers and thousands of PTI workers have been arrested under section 144 so far. They argued before the court that the imposition of section 144 is tainted with ulterior motives. Therefore, they prayed to the court to


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declare the imposition of section 144 as illegal, besides announcing that all actions taken under it were without lawful authority. The petitioners also requested the court to bar the respondents from detaining the participants of the PTI sit-in illegally.

Demand for PM’s, CM’s resignation constitutional, PAT tells SC The News, 17th Sep, 2014

ISLAMABAD: The Pakistan Awami Tehreek (PAT) Tuesday told the Supreme Court that there was nothing “unconstitutional” in demanding the resignation of the prime minister or chief minister. In its reply filed through Barrister Ali Zafar, the PAT contended that it was the right of every person to raise a demand, including the demand for the resignation of any office-bearer in the government be it the prime minister or the chief minister of any province or any minister(s) in any federal government or provincial governments. The PAT answered three questions raised by the Awami National Party (ANP) and Balochistan National Party (BNP).The three questions were: can any ‘political party’ or any other group, could at all seek ‘constitutional office bearers’ to disengage from office under ‘threat’ of violence or use of force in violation of the Constitution? Can any political leader legitimately involve the Pakistan Army in his design to achieve his unconstitutional objectives by attempting to reassure his followers that Army by a “Yes” or “No” will determine the future course of his action? Can a political leader misrepresent the support of the Pakistan Army to their cause in public or private communications, thereby compromising the image of a national institution?“The resignation of the prime minister and chief minister are duly provided in the Constitution in Article 91(6) and 130(6),” the PAT contended.

The PAT submitted that throughout history many constitutional heads of government have resigned as a result of legitimate demands by the people. Similarly, it said, ministers of all civilised democracies have resigned even as a matter of principle and morality without being directly responsible. “In this case, for example, the resignation of chief minister of Punjab has been sought by PAT on the principle that the Punjab Police, which falls under the ultimate control and authority of the chief minister of Punjab, opened indiscriminate and barbaric firing upon and ruthlessly killed 14 and injured hundreds of innocent men, women and children in broad daylight, and in front of media cameras and yet not even an FIR was registered against the accused over a long period of time only because the killed and injured were poor and the accused were powerful,” the reply contended. It further stated that even the leaders of all political parties have made statements in the media and press that in this case chief minister Punjab should resign as no democratic and civilised country can expect the chief executive of a province to continue in such circumstances.“It is accordingly submitted that the demands of PAT are political and constitutional, and the question as framed is incorrect,” the reply said. The PAT reiterated that this question raises a purely political issue and it is for the political parties and the Parliament to solve the demands of the people through dialogue and negotiations. “It is strange that on the one hand ANP and BNP-Awami are submitting that this court should not go into political questions, yet on the other hand this question as well as the other two questions raised, are all political.”

The reply said it is wrong and in fact a violation of the Constitution to ask the honourable court to adjudicate upon and decide this purely political question and issue. “It has been implied in this question as if there are some ‘unconstitutional objectives’ of PAT leadership. Such allegations are denied being absurd. ANP and BNP-Awami are national parties aspiring to represent the people of Pakistan. The innocent who were massacred in Lahore on June 17, 2014 by Punjab Police, are equally citizens of Pakistan for whose rights ANP and BNP-Awami should have the same concerns as the leadership of PAT.” The PAT said it is demanding justice and fair trial on behalf of the relatives of those who have been killed and the hundreds who have been injured in deadly assault. “The objectives of the PAT are constitutional and to call such demands for justice ‘unconstitutional’, it appears that ANP and BNP-Awami are being disrespectful to the souls of the dead,” the reply added. The PAT response said the demands of the PAT are entirely political and constitutional and questioned as to whether the present government is legitimate because elections were stolen. “Whether there is any accountability within the political parties, within institutions and whether the institutions involved in accountability should work in a transparent and independent manner?” it asked. “It is wrong of ANP and BNP-Awami, who are political parties in Pakistan and should be joining hands with the people of Pakistan in resolving their issues, to claim that these demands are unconstitutional. It is time that the people in power sacrifice personal interest for the interest of the country and resolves all these political questions instead of calling them ‘unconstitutional objectives’” it said.

The PAT contended that it has the greatest respect for the armed forces of Pakistan. “In fact whenever any threat or disaster of any sort has been faced by the people of Pakistan, it is the Army soldiers and officers of the armed forces of Pakistan who have laid their lives and risked everything to save the people and protect the state,” the reply said. The PAT said the attempt by ANP and BNP-Awami to raise this question about the Pakistan Army has to be nipped in the bud as both these parties are unnecessarily trying to get the name of the Army involved in debate and discussion before the court. It submitted that the name of the Army should be kept out of this sensitive situation and the political questions being raised by the PAT should be hammered out by


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the government on the negotiation table.

IHC issues notice to Pemra Dawn, 17th Sep, 2014

ISLAMABAD: Justice Athar Minallah of Islamabad High Court (IHC) issued notice to the Pakistan Electronic Media Regulatory Authority (Pemra) on Tuesday seeking cancellation of the authority’s bidding process which it advertised for issuing licences. An IHC bench accepted the petition for regular hearing. Petitioner Chaudhry Muhammad Sharif of Gujrat, through his counsel Advocate Zulfiqar Malooka, said before the court that he had applied for a TV licence two years ago and also submitted the requisite amount of Rs200, 000. Pemra had recently announced through an advertisement that applicants seeking licence for media outlets should participate in bidding process. Petitioner while naming Pemra and federation of Pakistan as respondents argued that the regulatory body prescribed the bidding process criteria in April this year. The counsel also mentioned that the Supreme Court had, in Hamid Mir’s case, held that Pemra was incomplete without a permanent chairman. The authority was still without a chairman hence the bidding process should also be stopped, the petitioner argued. The court adjourned the hearing till next week.

FIR against Nawaz Sharif Dawn, 17th Sep, 2014

ISLAMABAD: The capital police registered on late Tuesday night a criminal case against Prime Minister Nawaz Sharif, some federal ministers and police officials under an order issued by a district and sessions court. On Monday, the district and sessions judge asked the Secretariat police to register the case while disposing of a petition filed by the Pakistan Awami Tehreek over the alleged killing of its three workers on Aug 30. He also directed the police to strictly follow the law. According to police sources, the case was registered under Section 7 of the ATA and PPCs 302, 324, 148, 149.

PTI moves IHC to lift Section 144 The News, 16th Sep, 2014

ISLAMABAD: The Pakistan Tehreek-i-Insaf (PTI) on Monday filed a petition before the Islamabad High Court (IHC) seeking to declare the proclamation of Section 144 in the Islamabad Capital Territory (ICT) by a deputy commissioner as illegal and void ab initio. Petitioners Jehangir Tareen, secretary-general PTI, Shah Mehmood Qureshi, vice chairman PTI, Dr Arif Alvi, Asad Umar and Shafqat Mehmood cited the Ministry of Interior, IG Islamabad, IG Punjab, IG Azad Jammu & Kashmir, chief commissioner and deputy commissioner ICT as respondents. They adopted before the court that freedom of speech is a fundamental right and an essential component of democracy.They said the PTI started off with its Azadi March as announced earlier on June 27 in Bahawalpur Jalsa and has been protesting peacefully against the massive rigging in the May 2013 general elections. The PTI moved from the Kashmir Highway to the Constitution Avenue peacefully, they said. They alleged that former IG Islamabad Aftab Cheema refused to follow the instructions of the Interior Ministry and thus he was penalised. In the 31 days’ peaceful protest, the PTI chief had been demanding resignation of the prime minister for an impartial investigation into the rigging in the May 2013 elections.They said between the night of 30th and 31st August, several PTI workers, supporters and participants of PTI Dharna were arrested by Islamabad, Punjab and AJ&K police. They said deputy commissioner, Islamabad, on August 07 proclaimed Section 144 in the ICT after the PTI chief announced to celebrate successful completion of one month of Dharna.

They said law enforcement agencies started harassment of the PTI workers and to-date thousands of PTI workers were arrested under Section 144.The petitioner contended that the imposition of Section 144 is malafide and tainted with ulterior motives. The petitioners prayed to the court to declare the imposition of Section 144 and all actions taken under it as illegal, and without lawful authority. The petitioners have also requested the court to bar the respondents from illegally detaining the participants of the Dharna. The petition is yet to be fixed by the IHC registrar office. It may be mentioned here that the IHC chief justice on September 13, 2014 had ordered the government to release all the protesters arrested under Section 188 ‘for disobedience to order duly promulgated by public servants’ against Rs/-10,000 surety bonds each.

SC seeks replies from private channel owner, anchor The News, 16th Sep, 2014

ISLAMABAD: The Supreme Court on Monday sought replies within 10 days from Chief Executive ARY TV and its anchor person for airing an anti-judiciary programme. A three-member bench of the apex court headed by Justice Ejaz Afzal Khan and comprising Justice Ijaz Ahmed Chaudhry and Justice Mushir Alam, resumed hearing into a petition filed by the Independent Media Corporation (IMC) on the behalf of Geo Network against the negative propaganda by other TV channels and for resumption of its transmission on cable networks. The court also directed Raja Ibrahim Satti, the counsel for Pakistan Electronic Media Regulatory Authority (Pemra), to submit reply on behalf of the authority besides directing Deputy Attorney General Khwaja Ahmed Hassan to submit a report and adjourned the hearing for two weeks. During the course of hearing, Irfan Qadir, the counsel for Chief Executive ARY TV Salman Iqbal and Mubashir Luqman, anchorperson sought time which the court accepted and directed him to submit replies within 10 days.

Raja Ibrahim Satti, the counsel for Pakistan Electronic Media Regulatory Authority (Pemra), appeared before the court and submitted that they had not yet received the notice in the instant case. Justice Ejaz Afzal, however, reminded the learned counsel that the court has already issued a notice to the authority. The court directed him to submit his reply within 10 days besides directing


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Deputy Attorney General Khwaja Ahmed Hassan to submit a report on the behalf of the Federation as well and adjourned the hearing for two weeks. The petitioner, the Independent Media Corporation had prayed the court to issue directives to restrain all channels, including Geo, from airing allegations against other channels or mediaainst the backdrop of a smear campaign against the television network by rival media groups kick started after a May 14 morning show aired a performance by some qawal.

The petitioner prayed to the court to order the law enforcement and investigation agencies and lower courts all over the country to submit copies of all the criminal complaints, FIRs and petitions filed under Section 22A that contained allegations of blasphemy regarding the show. It was further requested to issue directives for consolidation of all FIRs that might have been registered in various parts of the country and to restrain the law enforcing and investigating agencies from registering any new case, but to forward all pending and new FIRs containing allegations of blasphemy before the Supreme Court for eventual quashing of proceedings on them. It was also requested to order the relevant law-enforcing agencies in all the provinces to take required steps for protection of the petitioners, management and staff of the Geo, Jang Group, along with their offices all over the country. The petitioner has made federal government through Secretary Interior, Chief Secretaries of the four Provincial governments and Chief Commissioner, Islamabad as respondents.

Court orders FIR against Sharifs, ministers, top cops The Nation, 16th Sep, 2014

ISLAMABAD- A local court Monday ordered the federal capital police to register first information report (FIR) against Prime Minister Nawaz Sharif and 11 others including federal ministers and top cops for the alleged killings of Pakistan Awami Tehreek (PAT) workers on August 31, the day clashes had broken out between protesters and police in Islamabad’s Red Zone. District and Sessions Judge Islamabad Raja Jawad Abbas directed the capital police to register the FIR against 11 people including Prime Minister Nawaz Sharif, Interior Minister Ch Nisar Ali Khan, Minister for Railways Khawaja Saad Rafique, Defence Minister Khawaja Asif, Inspector General of Islamabad Police (IGP), Commissioner Islamabad and others. The court announced the decision in response to an application filed under section 22-A by PAT requesting the court to register case against top government officials including Prime Minister Nawaz Sharif over killings of protesters in Islamabad’s Red Zone on August 31. It is pertinent to mention here that clashes started between police and the protesters when the later started marching towards Prime Minister House on August 30. Police resorted to shelling and alleged firing which resulted in death of some workers of PAT. Later, Omer Riaz Abbassi on behalf of PAT submitted an application with Secretariat Police Station for registration of murder case against aforementioned people but police refused to register the FIR. Then, the PAT filed a petition under section 22-A for registration of case. On Monday, District and Sessions Judge Raja Jawad conducted the hearing.

During the hearing, police submitted its report in the court stating that the PAT workers wanted to take hold of sensitive buildings after entering the Red Zone. Therefore, the case against prime minister, interior minister and others could not be registered. The counsel representing the complainant Omer contended before the court that on the directions of prime minister and interior minister, police resorted to firing and shelling which resulted in death of their two workers and hundreds of others also sustained injuries. Therefore, he requested the court to issue directions to police for registration of murder case against the respondents.

Online ads: Pakistan Tehrik-e-Insaaf chief Imran Khan has been booked for forcing police to release his party workers arrested in violation of Section 144 here, officials said. “We have registered a case against him in Bani Gala police station for interfering in police work and forcibly releasing prisoners,” police spokesman Naeem Ahmed said. Police have registered an FIR in Secretariat police station under section 144 against Imran Khan for forcefully freeing his workers from Islamabad police. The former cricketing star was coming out of his house early Tuesday morning when he saw about 15 of his supporters being shifted to a nearby police station. On seeing Khan, the workers cried for help. Khan then stopped police vehicles and forced them to release his supporters. The spokesman said that Khan’s supporters were arrested for violating section 144 which was imposed in the capital. Already several criminal cases have been registered against Khan since his arrival here with thousands of his party workers to force Prime Minister Nawaz Sharif to quit. Khan has not been arrested in any case so far but police plan to move against him once the protests are over.

PTI excuses itself from replying to questions raised by two parties in SC Dawn, 16th Sep, 2014

ISLAMABAD: The Pakistan Tehreek-i-Insaf expressed its inability in the Supreme Court on Monday to answer a set of tricky questions earlier raised by two parliamentary parties which accused protesters of implicating the armed forces in the sit-in on the Constitution Avenue. “The answering respondent (PTI) does not have benefit of knowledge of these facts giving rise to the questions and, therefore, is unable to specifically respond to any apprehensions that the parliamentary parties have,” said a four-page reply submitted by Barrister Yousuf Khosa, the counsel for the PTI. At the last hearing on Sept 10, the apex court had asked the PTI as well as the Pakistan Awami Tehreek (PAT) to file replies to three questions raised by Senator Raza Rabbani,


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representing the Awami National Party and the Balochistan National Party-Awami. A five-judge larger bench is hearing 11 identical petitions filed by bar associations of different high courts against sit-ins by the PTI and PAT. The PAT is likely to submit its reply on Tuesday or Wednesday.

Mr Rabbani had expressed apprehensions about some unconstitutional steps against the backdrop of the sit-ins. He asked whether any political party or group could at all seek holders of constitutional offices to disengage from office under threat of violence or use of force in violation of the Constitution; whether any political leader could legitimately involve the Pakistan Army in his design to achieve his unconstitutional objectives by attempting to reassure his followers that the army by a ‘yes’ or ‘no’ would determine the future course of his action; and whether a political leader could claim to have the support of the army to their cause in public or private communications, thereby compromising the image of a national institution. The PTI said in its reply that it was only exercising its rights to make the people aware of their rights and obligations of the present government in a democratic society within the framework of the Constitution and stressing the supremacy of the Constitution which included Article 218 dealing with the Election Commission. “The guiding principles of the Constitution, namely democracy, freedom, equality, tolerance and social justice, are part of the PTI manifesto.” To substantiate its argument, the rely cited a 1993 Supreme Court judgment in the Nawaz Sharif case in which it was held that ordinary conception of a political party included a right within the framework of the Constitution to exert itself through its following and organisation and, using all available channels of mass communication, to propagate its view in relation to the whole complex of the administrative machine, including legislatures, to ameliorate general conditions like improvements in administrative procedures and policies as well as in the legislative field even to the extent of proposing and pressing for amendment to the Constitution itself.

However, the PTI emphasised that it did not intend to support, let alone demand any unconstitutional or extra-constitutional means to achieve its democratic and constitutionally guaranteed rights and would continue to oppose any such unconstitutional adventures if and when these surfaced to demand and uphold the separation of powers, independence of the judiciary, the rule of law and the Constitution to take this great nation forward rather than backward.

IHC orders release of detainees held under Sec 144 The News 15th Sep, 2014

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Anwar Kasi has ordered the release of people arrested for the charges of violating pillion riding ban and Section 144. Nearly 650 workers of protesting Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) were detained for violating the Section 144 and pillion riding ban over the past three days. Meanwhile, Inspector General Islamabad Police (IG) Tahir Alam refused to comply with Islamabad High Court (IHC) orders regarding the release of PTI and PAT activists, the media reported. According to the report, the IGP said that PTI and PAT activists were not only arrested under Section 144 but also for terrorism acts, adding that the activists were involved in an attack on PTV, Parliament House and other government buildings. The IGP also said that with the release of political party workers, breach of peace could be endangered. The police chief further said that they would appeal to district magistrate for captivity of these people for a month under the Maintenance of Public Order (PPO).

SC to take up case involving death of 18 stone crushers on Oct 1 Dawn, 14th Sep, 2014

ISLAMABAD: The Supreme Court will commence on Oct 1 hearing of a case involving a human tragedy in which 18 labourers died in Gujranwala district of silicosis, an incurable disease that cripples lungs. A three-judge bench headed by Chief Justice Nasir-ul-Mulk is seized with an application filed by human rights activists Usama Khawar and Yahya Farid Khwaja, members of the Public Lawyers’ Front (PLF). The court has asked Attorney General Salman Aslam Butt and four provincial advocates general to appear in person on Oct 1. Former chief justice Tassaduq Hussain Jillani had taken suo motu notice of the deaths and sought reports from secretaries of the labour and human resource departments of Punjab, Sindh and Khyber Pakhtunkhwa and the district coordination officer (DCO) of Gujranwala. In his report, the DCO confirmed 17 of the 18 deaths and identified the 16 factories where the deceased worked. He said the factories had yet to take precautionary measures even after the tragedy. Nine of the labourers belonged to a single village. Safdar Ali of Chahal Khurd is the latest victim of the disease who died on May 22 this year.

The PLF activists have also brought to the court’s notice reports of 100 deaths caused by silicosis in Dera Ghazi Khan and other areas of Punjab over the past few years and said none of the victims’ heirs has been provided compensation, either by factory owners or by provincial government. According to them, work at the factories involves feeding stones to grinding machines to break them into smaller pieces and to ultimately turn them into powder. In the absence of any dust control mechanism, labourers mix powdered stone with boric acid with the help of shovels and then pack the mixture in bags with their hands or shovels for distribution. The shovelling of powdered silica and boric acid raises a lot of dust, causing the labourers to inhale massive amounts of dust.

Govt didn’t stop marches LAHORE: The Lahore High Court (LHC) on Friday remarked that contempt proceedings should be


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despite court’s order: LHC The News, 13th Sep, 2014

initiated against the government for it did not stop the Azadi and Inqilab marches despite the court’s order. A three-member bench of the LHC, headed by Justice Khalid Mahmood Khan and comprising Justice Shahid Hameed Dar and Justice Anwarul Haq, was hearing petitions against the Azadi and Inqilab marches and Dharnas in Islamabad. The court again issued notices to the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Pakistan Awami Tehreek (PAT) chief Dr Tahirul Qadri, Awami Muslim League chief Sheikh Rasheed and Pakistan Muslim League-Q leaders Chaudhry Shujaat Hussain and Chaudhry Pervaiz Elahi and the federal and provincial governments for September 22 and sought their replies.As the proceedings commenced, Deputy Attorney General Waqas Qadeer Dar argued that the full bench on August 13 had already stopped both the parties from bringing out unconstitutional marches but the order was defied. He requested the court to issue contempt of court notices to heads of both the parties. Upon this, Justice Khalid Mahmood Khan remarked that a contempt notice should be issued to the government first as it had failed to enforce the courts order.Dar replied that the government allowed long marches due to political considerations.

Justice Khan went on to say that the court had no consideration for the nature of the issue. “Heavens would not have fallen if the court’s order was implemented. Everyone is equal before the law. The government itself interpreted the court’s order and allowed both the parties to take out marches and hold Dharnas.” Justice Shahid Hameed Dar remarked that prima facie the government had failed to enforce the court’s order. Would the government accept the responsibility for any casualty during the marches? No one appeared on the behalf of Imran Khan and Tahirul Qadri before the court, and the bench again issued notices to all respondents and adjourned the proceedings till September 22. The petitioner’s counsel, AK Dogar, told the bench that life had been paralysed due to the long marches and Dharnas in the federal capital and the entire system of the country had been hijacked. Kamran Ali, a local citizen, had filed a petition challenging the Dharnas and marches in the larger interest of the country. The full bench had already stopped both the PTI and PAT not to take any long march in the parameters of the Constitution Avenue.

ICJ urges Pakistan to halt execution The Nation, 13th Sep, 2014

ISLAMABAD - International Commission of Jurists (ICJ) has urged the government to halt the imminent execution of Shoaib Sarwar, scheduled to take place on September 18, 2014. In 1998, a Sessions Court had found Shoaib Sarwar guilty of murdering Awais Nawaz. In 2003, the Lahore High Court rejected his appeal, and in 2006, the Supreme Court confirmed the death sentence. The President of Pakistan also rejected Shoaib Sarwar's mercy petition seeking to have the execution commuted. "Pakistan has had an unofficial moratorium on the death penalty since June 2008, with only the exception of Muhammad Hussain's execution in November 2012 following a court martial," said Sam Zarifi, ICJ's Regional Director for Asia and the Pacific, in a statement issued to media on Friday. "Breaking its moratorium on the death penalty will be a major step backward for Pakistan, calling into question the commitment of Prime Minister Nawaz Sharif's government to its human rights obligations". The resumption of the death penalty puts Pakistan in opposition to the global and regional movement towards the abolition of the death penalty. Currently, 150 countries worldwide, including 30 states in the Asia-Pacific region, have abolished the death penalty in law or in practice. "Resuming executions is all the more alarming given that over 8,000 people are currently on death row in Pakistan," added Zarifi. "With the death penalty prescribed for 27 offences, including blasphemy, arms smuggling and offences related to drugs, these numbers are increasing by the day."

The ICJ opposes capital punishment in all cases without exception. The death penalty constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment. In 2007, the UN General Assembly had adopted a resolution emphasizing, "that the use of death penalty undermines human dignity" and calling for the establishment of a moratorium on the use of the death penalty "with a view to abolishing the death penalty". The resolution was reaffirmed in 2008, 2010, and most recently in December 2012, when an overwhelming majority of 110 UN member states voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty. The ICJ urges the Pakistani government to respect UN General Assembly resolutions and immediately halt Shoaib Sarwar's impending execution. In addition, the ICJ calls on the government to instate an official moratorium on the death penalty, with a view to abolishing the death penalty in law and in practice and to acceding to the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of capital punishment. AFP adds: A judge in Rawalpindi has ordered a murderer to be hanged next week, officials said Friday, in what would be the country's first civilian execution in six years. The country has had a de facto moratorium on civilian hangings since 2008. Only one person has been executed since then, a soldier convicted by court martial and hanged in November 2012. "A judge has passed an order that a murder convict be hanged," an official at Adiyala Prison in Rawalpindi, the garrison city adjoining Islamabad, told AFP. "Arrangements for the execution on September 18 are being made," the official said on condition of anonymity.

Shoaib Sarwar was given the death penalty in July 1998 for murdering Awais Nawaz in January 1996. All his appeals in the high court and Supreme Court were rejected, as was a mercy petition


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to the president, the official said. Sarwar is currently being held in a jail in Haripur, some 25 kilometres from Islamabad, but authorities there told AFP they had not yet been informed about the execution. The independent Human Rights Commission of Pakistan (HRCP) said it was dismayed at the news. "HRCP wishes to remind the government that the reasons that have caused the stay of executions since 2008 have not changed," the group said in a statement. "These include the well-documented deficiencies of the law, flaws in administration of justice and investigation methods and chronic corruption." Last June the newly elected government of Prime Minister Nawaz Sharif scrapped the moratorium in a bid to crack down on criminals and militants. But two weeks later it announced a further stay of executions after an outcry from rights groups and the then president Asif Ali Zardari.

As per law, all execution orders must be signed by the president. European Union officials indicated last year that if Pakistan resumed executions, it could jeopardise a highly prized trade deal with the bloc. An EU rights delegation warned it would be seen as a "major setback" if Pakistan restarted hangings. Rights campaign group Amnesty International estimates that Pakistan has more than 8,000 prisoners on death row, most of whom have exhausted the appeals process.

SCBA intends to challenge SC rules on review petition Dawn, 12th Sep, 2014

ISLAMABAD: The Supreme Court Bar Association (SCBA) wants to challenge Supreme Court’s rules which bar change of lawyer in a review petition. This was stated by SCBA President Kamran Murtaza before a five-judge larger bench of the Supreme Court headed by Justice Jawwad S. Khawaja on Thursday. The court had taken up a review petition of Sumaira Malik who lost her seat after she was disqualified. On Oct 28 last year, a three-judge SC bench headed by then Chief Justice Iftikhar Muhammad Chaudhry had slapped a life ban on her becoming a member of parliament for possessing a fake degree. The court held in its judgment that the BA degree of Ms Malik had been a result of impersonation, fraud and falsehood and, therefore, such a person was not qualified to contest for not being sagacious, righteous, non-profligate and honest as ordained by Article 62(1-f) of the Constitution. Ms Malik filed a petition saying the order was based on conjectures and speculations. But instead of Advocate Iftikhar Gillani, who had represented her in the first round of litigation, she appointed rights activist Asma Jehangir to plead her case.

The Supreme Court rules state that the lawyer who had argued the matter earlier will appear before the court on a review petition. Ms Jehangir is of the opinion that Rule 6 of Order 26 of the Supreme Court Rules 1980 barring the change of counsel violates Article 10 A of the Constitution which ensures the right to fair trial. The court had earlier appointed senior lawyer Makhdoom Ali Khan as amicus curiae to assist it in the matter. On Thursday, Kamran Murtaza referred to a resolution adopted by the SCBA on March 29 in Lahore and said that in view of the resolution the association had decided to become a party in the case. The resolution says the SCBA meeting decided to file a petition against the Rule 26 barring the change of counsel. It empowered the SCBA president to meet the chief justice to discuss the rule which the resolution said was against Article 10(A) of the Constitution. Later talking to Dawn, Mr Murtaza said he had met former chief justice Tassaduq Jillani who assured him that he would look into the matter. He said the SCBA case was independent of Sumaira Malik’s review petition because it revolved only around the change of counsel in review. “We believe that the rule sometimes bring difficulty rather become disadvantageous for litigants because they have to rely on the same counsel who failed to bring any relief for the client in the case’s first round,” he said. Since Attorney General Salman Aslam Butt is on a general adjournment until Sept 19 and Asma Jehangir, representing Sumaira Malik, is also not available till Sept 23, the court postponed the hearing for a date to be fixed later. It directed the SCBA president to file an application in the meantime to become a party in the case.

LHC adjourns plea against protest outside ISI offices The News, 12th Sep, 2014

LAHORE: The Lahore High Court (LHC) Thursday deferred hearing of a miscellaneous application filed for early hearing of a case regarding the Jang/Geo administration’s announcement about a protest sit-in outside the ISI offices. Counsel for ISI Aftab Virk took the plea in the court of LHC judge Justice Mamoonur Rashid that the Jang/Geo administration has, once again, launched criticism of the ISI for their personal interests. It has also announced a sit-in outside the ISI offices, which is illegal and unconstitutional. According to the constitution, no protest sit-in could be organised against any national security agency. He prayed the court for an early hearing of the case and initiation of a legal action against the people and organisations concerned. The court adjourned the hearing till Sept 17.

Non-implementation of missing persons law deplorable: PHC The News, 11th Sep, 2014

PESHAWAR: The Peshawar High Court (PHC) on Wednesday declared non-implementation of the law made for the missing persons as deplorable. It said that the court would decide cases of missing persons on available record if the ministries of defence and interior failed to submit replies from the respondent intelligence agencies after three adjournments. A division bench headed by PHC Chief Justice Mazhar Alam Miankhel issued the directives after the agencies failed to submit replies and the cases had to be adjourned several times. The bench also declared that other judges of the high court would also hear the cases of the detainees shifted to different internment centres run under the Khyber Pakhtunkhwa government and additional chief secretary (ACS) Fata. The bench fixed October 22 for final hearing of the case about a missing person, Jehangir Khan,


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the alleged handler of a would-be teenage suicide bomber arrested by the police in the provincial capital. Jehangir was allegedly arrested by the police along with teenage suicide bomber Bilal in the jurisdiction of Sarband Police Station on November 20, 2012. Several television channels had shown the police arresting the bomber with an explosives-filled vest. The vest was later defused by the bomb disposal unit. After the arrest, the police told reporters that Jehangir was the handler of Bilal, but the next day they retracted their statement. They even didn’t name Jehangir in the FIR.Ziaul Haq, lawyer for the petitioner, said both suspects were shown on television after arrest and the alleged bomber was produced before an anti-terrorism court, but Jehangir was yet to be produced before any court of law. He said the anti-terrorism court had taken notice of the issue and sought explanation from the capital city police officer, who claimed that except Bilal, no other suspect over the matter was in police custody.

The PHC chief justice observed that the government should release innocent detainees from the internment centres and try those under the law against whom there were proofs of involvement in the anti-state and terrorism activities. The bench adjourned the missing persons’ cases while giving a last chance to the ministries of defence and interior to submit replies from the agencies concerned before the next hearing in the cases.

Court refuses to make Aziz summary part of case The News, 10th Sep, 2014

ISLAMABAD: The Special Court, hearing the high treason case on Tuesday, declined the request of counsel for Pervez Musharraf to make the letter of former prime minister Shaukat Aziz, advising former dictator to impose an emergency on November 3, 2007, part of the high treason trial proceedings in progress. A three-member bench of the Special Court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali resumed hearing into the Federation’s complaint, seeking initiation of high treason case against Pervez Musharraf for imposing emergency rule on November 3, 2007. Barrister Farogh Nasim, counsel for former presidentGeneral (R) Pervez Musharraf submitted before the court, a copy of the consultative summary sent by the then prime minister Shaukat Aziz to Pervez Musharraf for imposing emergency rule in the country. The court, however, declined to make it part of the instant trial for being unverified.Prosecutor Muhammad Akram Sheikh raised objection on the letter, saying it could not be made part of the trial for being fictitious. The defence counsel however, claimed that the copy of Shaukat Aziz’ letter was available on the Internet, and also published in a newspaper.

Farogh Nasim further submitted that the then prime minister, Shaukat Aziz had not contradicted it. The learned counsel stressed the court to issue directives to the government to submit this document from the record or the court summon Shaukat Aziz for verification of the letter and if he could not come then send a commission to him for the sake of letter’s veracity. Justice Faisal Arab observed that the letter could not be made part of the trial, as it was unattested. However, the court allowed the defence counsel to cross-examine Maqsood-ul-Hassan, head of the FIA investigative team, on the basis of this document.

Meanwhile, Maqsood-ul-Hassan on the question of defence team told that during the investigation, it could not be established that the then cabinet members, governors, corps commanders, chief ministers and the provincial cabinet ministers facilitated, abetted or conspired with former army chief to proclaim emergency in the country. He further said that it was neither in his knowledge that Shaukat Aziz, ex-PM, sent advisory to Musharraf for imposing emergency, nor it was right to state that the prosecution had concealed any summary sent to ex-army chief by the then premier. He said the GHQ was approached through Ministry of Defence regarding the matter but no reply was received. Meantime, Prosecutor Muhammad Akram Sheikh informed the court that he would present his last witness by Wednesday.Later, the court adjourned hearing till today (Wednesday) wherein, the prosecution would present its last witness before the court in the instant trial.

Court orders Pemra to cancel licences of defiant cable operators The News, 10th Sep, 2014

ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Tuesday directed the Pakistan Electronic Media Regulatory Authority (Pemra) to ensure the restoration of Geo TV broadcasts in all parts of the country. The IHC judge said if any cable operator was found violating the directions of the court or Pemra, immediate action should be taken in accordance with the law.The court also asked the Pemra counsel for the compliance of the order by 12:00 (midnight) on Tuesday. Hearing miscellaneous petitions, the IHC bench observed that if Pemra is helpless in restoring the Geo transmission, its officials should express their inability to do so. The court ruled that the licences of those cable operators who are not airing the Geo transmission should be cancelled. “The Geo TV transmission has been stopped by cable operators, while circumstances have been creating doubts about the role of a security agency. The court will protect all the constitutional institutions,” Justice Siddiqui observed. The IHC bench was hearing the writ petition of the Shohada Foundation of Pakistan Trust (SFPT) that it had filed against ARY television for airing defamatory programmes against the superior judges. The IHC bench also heard the contempt of court petition that was moved by the Islamabad District Bar Association (DBA) through its counsel Syed Nayab Hassan Gardezi against ARY television for airing malicious content against the superior judiciary despite the orders of the IHC. In the SFPT petition on June 11, the same court, through an interim order, had directed Pemra to ensure that “Mubashir allowed


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to conduct any programme on any TV channel till final decision of the instant writ petition”. The said order was later vacated by the Supreme Court. Today the IHC bench directed ARY TV anchor Mubashir Lucman “to watch and examine his programme “Khara Sach” and make the statement as to whether it comes within the definition of decency, morality and not as yellow journalism. He was also directed to file his statement as to whether substance aired by him comes within the parameters of code of conduct of Pemra.

Justice Siddiqui directed to issue notices to All Pakistan Newspaper Society (APNS), Council of Pakistan Newspapers Editors (CPNE) and Pakistan Broadcasters Association (PBA) to render assistance with regard to the issue agitated through the petition. During the hearing, Mubashir Lucman undertook to provide contents of the advertisement/other programmes containing the substance violative of code of conduct of Pemra, aired by different TV channels. In the contempt of court petition of DBA IHC, the order reads, “Mr Mubashir Lucman, anchorperson of ARY news channel, has put appearance and submitted his non appearance from the court was not intentional but due to the fact that he was in UK in connection with routine medical check up. He is directed to file reply of contempt petition in writing before next date of hearing. Mr Sabir Shakir, Bureau Chief of ARY News, informed that Mr Salman Iqbal, Chief Executive of ARY News, has reached from USA to Karachi but his health was not permitting him to further travel to Islamabad, therefore, he could not appear before the court. However, he undertakes that Mr Salman Iqbal shall put appearance on the next date of hearing.” Hearing the SFPT application, Justice Siddiqui observed that there is an impression that Mubashir Lucman is being provided with substance of his programme by some security agency. Addressing Mubashir Lucman, Justice Siddiqui said, “Do you see your own programme by yourself? See your own programme and tell whether it does fall in the domain of yellow journalism. It is because of you and some other channels that doubts have been created among general public about judiciary and different other institutions. You people have made judiciary a ping-pong ball.” Justice Siddiqui said Geo TV is not wailing in vain that its transmission is blocked at cable. He said everyone is after the state institution. “Everyone is aiming at Justice Iftikhar Muhammad Chaudhry and Justice Jawwad S Khawaja,” he said. Justice Siddiqui further observed that the Judiciary will protect the sanctity of the state institutions. “We will see how someone would loose talk about the judiciary and the security agencies.”

Justice Siddiqui said the judiciary will inquire from all the journalistic bodies and television anchors whether there exits any code of conduct or not. “Upon misconduct we also take action against our own lawyers,” he further said. The court after issuing notices to the above adjourned the hearing till September 22.Advocate Ahmad Hassan Rana represented Pemra, Kalsoom Akhtar Advocate represented SFPT and Syed Nayab Hassan Gardezi and Naseer Ahmed Kiani represented DBA IHC. APP: The Islamabad High Court (IHC) on Tuesday ordered the cable operators to resume the transmission of a private television network that has been suspended from the last few months by midnight. A single judge bench of Justice Shaukat Aziz Siddiqui ordered the authorities to suspend the license of those cable operators who were not broadcasting the transmission or changed their respective position. The judge remarked that the Pakistan Electronic Media Regulatory Authority (PEMRA) should ensure implementing the court’s orders in its true letter and spirit.

Contempt notices issued to ARY News CEO, anchor Dawn, 10th Sep, 2014

ISLAMABAD: The Supreme Court on Tuesday issued contempt notices to ARY News anchor Mubasher Lucman and chief executive Salman Iqbal for airing a programme that contained defamatory and scandalous allegations against members of the superior judiciary. A three-judge bench, headed by Justice Ejaz Afzal, also regretted the government’s slackness in appointing a full-time head of the media regulatory body. The bench was specially constituted to take up a case pertaining to the ‘Khara Such’ TV show from May 29, 2014, hosted by Mr Lucman, where the anchor had made a “number of slanderous and defamatory allegations against Justice Jawwad S. Khawaja”. In the show, Mr Lucman had alleged that Justice Khawaja had a close personal relationship with Mir Shakeelur Rahman, owner of the Jang Group, and also alleged that Justice Khawaja’s wife had sold a piece of land in Lahore to the Punjab government at higher-than-market rates. The allegations were televised after Justice Khawaja took up a petition, moved by Geo TV, asking for an immediate end to what they called “a hate campaign” against the channel.

At the last hearing on June 4, the Supreme Court had declared that it would proceed “dispassionately and independently” in the matter. The court had also ordered the Supreme Court registrar to submit transcripts of the programme, on the same day. But when the case was taken up on Tuesday, the court noted that no transcripts were produced by the registrar. But another transcript of the show was available on court record. A look at the transcripts on the record shows that the anchorperson of ‘Khara Such’ said many things which were not called for and thus, prima facie, requires the initiation of proceeding under the Contempt of Court Ordinance V of 2003, Justice Ejaz Afzal said in his order and ordered Lucman and the ARY chief executive to appear in court on Sept 15. Also on Tuesday, Deputy Attorney General Khawaja Ahmed Hassan presented a report on behalf of the information ministry, explaining that the prime minister had appointed a committee to review the code of conduct for the electronic media. But Justice Ijaz Chaudhry observed that the court was not concerned with committees but rather wanted action from the


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government, such as the appointment of a new chairman for the Pakistan Electronic Media Regulatory Authority (Pemra) — a post that has been vacant for several months. The government’s tardiness in appointing the head of the regulatory authority has yielded an unregulated and unfettered media, which can run slanderous programmes against anybody but no-one could question them, the judge observed.

We will not compromise on rule of law: CJ The News, 9th Sep, 2014

ISLAMABAD: The judiciary has taken the oath to defend the Constitution and there would be no compromise on the rule of law as the judiciary would not allow any person or institution to undermine it, said Chief Justice Nasirul Mulk in his speech on the eve of the opening of Judicial Year 2014-15 here on Monday. The chief justice said the primary obligation of every judge was to preserve, protect and defend the Constitution which should be undertaken without fear or favour or affection or ill-will.“No consideration or obligation can rise above the loyalty of judges to both the text and the spirit of the Constitution,” he added. “Judges don’t merely interpret the words of the Constitution but they also have the duty to preserve and protect it against any moves designed to defeat the scheme of the Constitution. It has been repeatedly emphasized by this court that no person or institution can elevate themselves above the Constitution.”The chief justice said the judiciary will not only retain its fidelity to the Constitution but also ensure that such fidelity was observed by all the other functionaries of the state. He observed that progress, security and development could not take place in the absence of safeguards provided in the Constitution. “No society can survive in a constitutional vacuum where the fundamental rights of the people are not guaranteed or protected. Restrictions by the state functionaries on the freedom of the people are open and subject to judicial review, which tests the restrictions so imposed upon the bar of constitutionality. However, under no circumstances should it be assumed that the rights granted under the Constitution are absolute as they remain subject to reasonable qualification and reasonable restrictions.”He remarked that rights and duties were like two sides of a coin; one can’t exist without the other. “It should be borne in mind that rights are to be exercised keeping in view the corresponding duties. It is the task of the judiciary to ensure that rights in a democratic society are balanced with counter-imposed duties.

The judiciary has to play a progressive role in the creation of such a peaceful society by endeavouring to promote adherence to the Constitution,” he added. The chief justice held that as the final arbiter of the law, the Supreme Court was charged with ensuring for the people the promise of justice under the law and thereby also functioned as the guardian and interpreter of the Constitution. He said the unique position of the Supreme Court stemmed, in large part, from the deep commitment of our nation to the rule of law and to a constitutional government.Justice Nasirul Mulk said the Supreme Court had demonstrated its determination to preserve and protect the written Constitution, thereby protecting and promoting democracy and good governance in Pakistan. “The Supreme Court and the judiciary shall forever endeavour to dispense justice to all, without being affected by any interest or extrinsic considerations,” he added. The chief justice said a path that deviated from constitutionalism regressed into an age of apathy, where no rule of law exists. “As a democratic society, it is incumbent upon all citizens to collectively promote respect for and obedience to the Constitution,” he stressed.

Police told to produce Musharraf in court Dawn, 9th Sep, 2014

QUETTA: An anti-terrorism court directed police and two guarantors of former president retired Gen Pervez Musharraf on Monday to ensure his presence at the next hearing of the Nawab Akbar Khan Bugti murder case. Judge Nazir Ahmed Lango accepted the medical certificate submitted by Mr Musharraf’s counsel, seeking exemption for his client from appearance on Monday. The counsel informed the court that Mr Musharraf’s doctors had advised him one-month’s bed rest. The court directed police and guarantors Nazir Ahmed and Mumtaz to ensure that Mr Musharraf came to the court at the next hearing on Oct 13.

Next hearing in Akbar Bugti murder case on Oct 13

Other accused in the case, former interior minister Aftab Khan Sherpao and former home minister of Balochistan Mir Shoaib Nausherwani, were present in the court. Counsel for Nawabzada Jamil Akbar Bugti, son of the late Bugti, said the medical certificate was aimed at prolonging the case. Mr Jamil Bugti has nominated Mr Musharraf, former prime minister Shaukat Aziz, former Balochistan governor Owais Ahmed Ghani, former chief minister the late Jam Mohammad Yousuf, Mr Sherpao, Mr Nausherwani and former DCO of Dera Bugti Abdul Samad Lasi in the case.

Not politics, only the Constitution has to be followed: SC Says govt can’t function due to sit-ins; nothing like Nov 3 will happen The News, 6th Sep, 2014

ISLAMABAD: The Supreme Court on Friday observed that it will take decisions according to the Constitution and it has nothing to do with politics. It said the government is unable to carry out its functions due to the sit-ins by the protesting parties. The court ruled that nothing would happen like the November 3, 2007 situation in the country as it had already issued an order restraining all the state functionaries from acting in any manner unwarranted by the Constitution and law. A five-member larger bench of the apex court, headed by Chief Justice Nasirul Mulk, resumed the hearing on identical petitions seeking its direction topetitions seeking its direction to restrain the Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan and Pakistan Awami Tehreek (PAT) chief Dr


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Tahirul Qadri from taking out illegal processions and trespassing prohibited zones including the Constitution Avenue, offices of foreign missions, Pakistan Secretariat offices legally banned for conducting any sort of marches.

During the hearing, Aitzaz Ahsan, counsel for Pakistan People’s Party, Awami National Party, Jamaat-e-Islami and Balochistan National Party in the case, predicted that the current situation appears to be like that of November 3, 2007. Chief Justice Nasirul Mulk said the court had issued directives in the instant matter by restraining the concerned quarters to keep distance from any unconstitutional step. He said nothing would happen like November 2007 in the country. It is pertinent to mention here that the court on August 15, 2014 had issued restraining order on a petition, filed by Supreme Court Bar Association.

President Supreme Court Bar Association (SCBA) Kamran Murtaza had filed a petition in the apex court, seeking its direction that no authority or state functionaries are allowed to take any extra constitutional steps in the prevailing political situation of the country. He had contended that in view of the prevailing political situation of the country, there is reasonable apprehension that someone from the state functionaries or administrative heads or having constitutional responsibilities may deviate from the constitution of Pakistan and take the law in hand to derail the democratic system of the country. On Friday, Sheikh Rashid Ahmed, chief of Awami Muslim League, pleaded before the court to show judicial restraint, saying an important issue relating to ongoing political unrest is coming before the apex court during next week. He appraised the court that dialogue is going on between the PAT/PTI and the government, adding that 80 percent matters have been solved and 20 percent might be settled down very soon.

Justice Mian Saqib Nisar observed that it is the fundamental right of the protesting parties to stage protest for their demands but it has to be decided whether it is also their right to paralyse the Constitution Avenue. Justice Jawwad S Khawaja, another member of the bench, observed that the court will decide as to whether the ongoing protests are happening under the Constitution or not.The court directed Aitzaz Ahsan to submit comprehensive reply in the matter by September 10 and adjourned the hearing.

Stay away from sit-in, PAT asks SC The Nation, 5th Sep, 2014

ISLAMABAD - Asking the Supreme Court to stay away from the present impasse, Pakistan Awami Tehreek (PAT) has said it wants the apex court issue direction to the federal government to fulfill their demands. In a concise statement filed on Thursday through Dr Tahirul Qadri, the PAT asked the court not to involve in the political issue but prayed; "The petition kindly be dismissed with the declaration, if at all, that the federal government should settle the demands of the demonstrators." Shafqat Ali Bhatti, President Rawalpindi District Bar Association, has filed a petition praying that the apex court summon all the political parties and direct them to resolve the present deadlock within the parameters of the Constitution.

The PAT says the petitions are not maintainable as under the Constitution no such role is prescribed or conferred upon the Supreme Court under Article 184(3) to resolve political matters. It maintained that jurisdiction under Article 184(3) arises if there is a question of public importance and the enforcement of fundamental right, but this is not the case in the present situation. "If at all this matter can and should be examined by the court, then it must see that grievances of the people, whose near and dear ones were killed in the Model Town incident, were addressed by the government. Therefore, they were holding sit-ins on Red Zone. According to reports, 14 people were killed and 85 injured in that incident. The PAT statement said it has been carrying out peaceful dharna, in exercise of their fundamental rights under the Constitution. Dharna has a long history interconnected with the Independence of the British India. "Even the Imperial Government did not attempt to alienate limits on Dharna nor did they go to Court for this purpose because they treated it to be peoples right."

It submitted that while examining the matter under Article 184(3), any directions to define and control dharnas generally may not give an unlimited and absolute authority to all the governments in future to suppress all dissents and counter opinions ruthlessly which could do more harm and good for the cause of democracy. If any direction is needed it should be that the federal government should go on the negotiating table with an open mind and bring all issues for discussion so that some solution can be found out. The government can solve this impasse without intervention of the Court by taking a logical and just decision. Any declaration regarding the scope or legality of dharna or any direction in this behalf by the Court may not only affect the right of the PAT but also of any future political protest and hence judicial restraint should be exercised by this Court. "What action the Government would like to take in case of failure of the negotiation, be better left to the Government which has the responsibility to deal with the problem."

The government should shoulder the responsibility of its own action rather than pass on the responsibility to other institutions. The government asked the Chief of Army Staff General Raheel Sharif to facilitate a solution, which the PAT welcomed, but unfortunately the debate whether it is "facilitation", "mediation" or "arbitration" spoiled the solution. The Parliament should have


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formulated their solution to solve the impasse rather than to jump into the same bandwagon of the government. Regarding the question whether the Court can examine the validity of the election, it submitted that it would be in conflict with the Constitutional provisions, which have ensured that the responsibility of this very sensitive and important matter is only and only on the Election Commission. The Election Commission under the Constitution is responsible to see if the election has not been "stolen" and "rigged", which is the plea of PAT and PTI and the hundreds of other individuals who have assembled asking for justice for the last so many days. A five-member bench would resume hearing of the case today.

Justice dispensation facing suspension: SC The News, 4th Sep, 2014

ISLAMABAD: The Supreme Court (SC) on Wednesday observed that dispensation of justice was facing suspension due to the sit-ins as the apex court could not allow anyone to occupy the roads and government property. The SC allowed the Awami Muslim League (AML) Chairman Sheikh Rasheed Ahmed to play a constructive role in getting the premises of the Parliament House and Pakistan Secretariat vacated. A five-member larger bench of the apex court, headed by Chief Justice Nasirul Mulk, resumed hearing in identical petitions, seeking its direction to restrain the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Pakistan Awami Tehreek (PAT) chief Dr Tahirul Qadri from taking out illegal processions and trespassing of prohibited zones, including the Constitution Avenue, offices of foreign missions, Pakistan Secretariat offices, legally banned for conducting every sort of marches and sit-ins by offending public peace in any manner. The court also sought replies from the parliamentary parties giving its suggestions and proposals for resolving the ongoing political standoff.During the hearing, Aitzaz Ahsan represented the Pakistan People’s Party (PPP) and Jamaat-e-Islami (JI), Senator Raza Rabbani represented the Awami National Party (ANP) and Balochistan National Party-Awami (BNP-A), Akhter Shah represented the All Pakistan Muslim League (APML), Iftikhar Gillani represented members of parliament from Fata whereas Barrister Yousaf Khosa represented the PTI in the court.

Pakistan Muslim League-Nawaz (PML-N), Muttahida Qaumi Movement (MQM) and Muslim League-Zia, however, had no representation.Arguing before the court first, Aitzaz Ahsan said the protesters had occupied the premises of parliament and requested the court to issue orders to get the area vacated. He submitted that parliament is as sacred as the Supreme Court, hence he requested the court to order the protesters to move out of parliament’s premises.Aitzaz also demanded a quick solution to the issue as two parties had occupied the Constitution Avenue. Appearing before the court in person, Sheikh Rasheed said they respect the judiciary and democracy; however, they are protesting against the massive rigging made in the last elections.

He said that containers had added to the problems faced by the people. He further said that they wanted an assurance that there will not be a crackdown and they could vacate the area. Chief Justice Nasirul Mulk observed that as long as the protesters were on the Constitution Avenue, no shelling or crackdown would be conducted. “We shall summarise the basic rights in the final decision regarding the extra-constitutional steps,” he added. Justice Jawwad S Khawaja asked Sheikh Rasheed that he should tell the court that the premises occupied by the protesters was right and then the court could pass an appropriate order.Sheikh Rasheed contended that the protesters, including females and children, had no place to sleep and that was why they had entered the premises of the Parliament House, adding that if they are allowed to have a protest on the streets, then they could leave the premises of the Parliament House.

Justice Khawaja told Sheikh Rasheed that the court was given the assurance in writing that none of the protesters would enter any of the government buildings.He further said that lawyers of both the political parties say one thing in the court and do otherwise. “We are unable to understand what’s going on,” he said and added that both the PTI and PAT had admitted that it was now beyond their control. Justice Khawaja said that containers would no longer be needed if the protesters deviated. “It is the responsibility of the government to take ample security measures,” he remarked.Justice Saqib Nisar, another member of the bench, observed that most of the offices, including the FBR, Election Commission, Federal Shariat Court, are not functioning since the protesters had occupied the Red Zone. “When you have a right, then you have also a duty to protect the rights of other people,” Justice Saqib Nisar told Sheikh Rasheed, adding that the court cannot allow the protesters to take over the streets. “Do you have a right to affect the rights of other people,” Justice Saqib Nisar questioned Sheikh Rasheed, adding that the court will not go into political matters but was interested in protecting the fundamental rights of the people. Sheikh Rasheed replied that they could offer some solution after meeting the PTI and PAT heads.“I can play a role for vacating the lawn of the Parliament House,” Sheikh Rasheed submitted.

Justice Anwar Zaheer Jamali, yet another member of the bench, asked Sheikh Rasheed: “If you were the prime minister, then to what extent you could bear the present situation.” Don’t take the situation in an emotional way, Justice Jamali further told Sheikh Rasheed. Justice Jamali then asked Attorney General Salman Aslam Butt to submit before the court details, pertaining to the damages caused so far to public properties in the ongoing protests, expenditure made by the government for controlling the law and order situation as well as loss of lives and injured persons.


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He further asked the AG to inform the court as to what measures the government had taken so far for the resolution of the present political turmoil while rendering its obligations. During the hearing, Raza Rabbani submitted that the federal character of the Constitution was under threat. He said that the National Assembly and provincial assemblies had their own procedure, adding that the National Assembly will be dealt by the prime minister while the provincial assemblies are dealt by their respective chief ministers.

He said that we have to look into all the matters, particularly after the 18th Constitutional Amendment.Justice Asif Saeed Khan Khosa, another member of the bench, observed that apparently the Constitution had no answer to large scale rigging, as claimed by the second largest political party securing 7.6 million votes in the general election. “The root cause of the people protesting relates to alleged rigging and let us go to the jugular vein of the root cause,” Justice Khosa remarked.“Do you think the court can find a legal solution?” Justice Khosa asked Raza Rabbani. Raza Rabbani, however, said that the issue needs to be addressed and parliament is required to make legislation in this regard.Meanwhile, after hearing the arguments of all the parties concerned, the court allowed Sheikh Rasheed to play a constructive role in getting the premises of the Parliament House and the Pakistan Secretariat vacated and adjourned the hearing till Friday.

SC asks parties to suggest way out of impasse Dawn, 4th Sep, 2014

ISLAMABAD: The Pakistan Tehreek-i-Insaf ally Sheikh Rashid Ahmed may have come to the Supreme Court on Wednesday to advise the honourable judges to steer clear of the prevailing political quagmire, but he left the court with orders to find a way to end this impasse, after consulting with the leaders of the protesting parties so that key premises such as parliament and the secretariat could be vacated. Similar directions were issued to the political parties represented in the parliament, whose representatives appeared following notices issued to them on Tuesday. The five-member larger bench headed by Chief Justice Nasirul Mulk was hearing identical petitions challenging the continuing anti-government sit-ins. The political parties were asked to present suggestions and solutions that may help end the over three-week sit-in in their replies to petitions moved by a number of high court bar associations. The case is now expected to be taken up on Friday.

Mian Raza Rabbani, a Pakistan People’s Party senator who appeared on behalf of the Baloch National Party and Awami National Party, told the court that the federal character — a distinct and basic feature of the Constitution after the 18th Amendment — was threatened by the prolonged crisis. “Keeping in mind the demand for the dissolution of the assemblies, we have to consider how far the concept of federalism could be trampled by doing away with the provincial assemblies’ mandate of five years,” the senator mused. During the hearing, Justice Anwar Zaheer Jamali asked Attorney General Salman Aslam Butt to submit details of the economic, diplomatic and legal losses sustained in this period. He was directed to collect figures from the commerce department, as well as finding out how many FIRs had been registered over deaths and injuries, against the storming of buildings such as PTV and the torching of private vehicles and motorcycles.

But Justice Asif Saeed Khosa asked Mr Rabbani to suggest how the Supreme Court could help find a legal way out of this quagmire, when the constitution seemed to offer no recourse on the rigging controversy. “Thus far, we have only discussed the fall-out from this sit-in, which is a side issue. But we are not attending to the root cause,” the judge observed. Mr Rabbani reminded the court that Article 225 of the Constitution stipulated that no-one except an election tribunal could question the results, but agreed that there was a need to legislate on the matter. He hastened to add that he would propose suggestions for a peaceful settlement of the dispute in his reply, expected to be filed on Friday.

At the outset, Aitzaz Ahsan, who appeared on behalf of the PPP, sought an order to vacate the ‘tent village’ that had emerged on the premises of Parliament House. “The parliament is as sacred and a glorified institution, just like the Supreme Court,” he said. But the chief justice observed that the speaker of the National Assembly was the competent authority to pass such an order. Earlier, Sheikh Rashid told the court that the protesters had great respect for the Supreme Court, but that they were adamant in their protest. He also contradicted the contention that parliament was under siege, saying that a joint sitting of both houses was being held in the house. He said the entire nation trusted the Supreme Court and, therefore, it should not interfere in political matters, adding that the protesters were willing to return to the streets if they were assured that there would be no action against them. He said that the real inconvenience to the people was being caused by the placing of containers at key points, hindering free movement in the capital. When asked about the body searches being carried out by the protesters, he apologised and said he would do his best to ensure this did not happen again. However, he maintained that this was a precaution to avoid an untoward incident. Justice Saqib Nisar lamented that despite commitment made to the Supreme Court by the protesting parties that they would abide by the constitution, the secretariat had virtually become non-functional, while the Federal Board of Revenue, Election Commission of Pakistan and Federal Shariat Court had been inaccessible for the past 17 days.


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As SC has given the order, what reason do cable operators have for not showing Geo, asks SHC The News, 3rd Sep, 2014

KARACHI: The Sindh High Court (SHC) on Tuesday observed that the Supreme Court had given an order to cable operators and the Pakistan Electronic Media Regulatory Authority (Pemra) to ensure smooth transmission of TV channels, then what reason cable operators had for not telecasting Geo. The court was hearing a set of identical petitions filed by the Independent Media Corporation and Independent News Corporation against the suspension of Geo News, Geo Tez, Geo Kahani and Geo Entertainment transmission by the cable operators. Petitioner’s counsel Jam Asif submitted that the cable operators had no authority to suspend the transmission of licensed TV channels or change their position. He said private cable operators did not comply with the orders of Pemra and hence the broadcast of Geo News, Geo Entertainment, Geo Tez and Geo Kahani remained suspended for the last four months. He submitted that blocking the transmission of Geo TV channels was a violation of the SC and High Court’s orders that restrained Pemra and cable operators from blocking or interfering with their smooth transmission.

The SHC’s division bench, headed by Justice Aqeel Ahmed Abbasi, asked the counsel for Pemra if the authority could cancel the licence of cable operators who were violating the law and what action had been taken against those who were not complying with the Supreme Court orders. Pemra counsel Kashif Hanif submitted that they had issued show cause notices to cable operators who were not broadcasting the transmission of the Geo TV. He said the cable operators replied that they were not broadcasting the Geo TV transmission as the case was sub judice. He said Pemra would take an appropriate action against the cable operators after the court directive.

The court observed that the Supreme Court had directed the cable operators and Pemra and it should be implemented in letter and spirit. It further said if the orders were not complied with then the aggrieved parties could file contempt of court applications with the Supreme Court. After partly hearing the arguments of the petitioners counsel, the court adjourned the hearing for September 10 with direction to repeat notices to un-served respondents. Ministry of Information, Pemra and cable operators including Syed Imran Haider Abidi of Home Vision Network, Kazim (Acting CEO) of Media Plus Communication, Ghufran Mujtaba of City Communication, Ikhlaq Ahmed of Karachi Cable Service, Mehmood Ahmed of City Communication Cable Network Sukkur, Ahmed Ali of A.A Cable Network Nawabshah, Skyline Cable Network, Mohammad Hussain of Track Communication, Zahir Ali of City Cable Network Hyderabad, Sheikh Asim Rasool of New Asia Communication and Nadir Shahani of Highway Communication were cited as respondents in the petitions.

Chief justice clarifies his position Dawn, 3rd Sep, 2014

ISLAMABAD: On Tuesday, the Supreme Court may have expressed its intention of determining the limits of some of the fundamental rights like freedom of speech and assembly, but the bigger event of the day was the clearing up of his position by Chief Justice Nasir-ul-Mulk. “I want to clarify certain statements appeared in the media that I have some kind of understanding with the leadership (of the Pakistan Tehreek-i-Insaf),” the chief justice said, referring to the allegations levelled by Javed Hashmi who quoted Imran Khan as saying that the new chief justice would be a PTI sympathiser and help throw the PML-N government out of power to form a government of technocrats. Another significant development of the day was issuance of notices to parties on both sides of the political divide, including the PML-N, PPP, PTI, Jamaat-i-Islami, Muttahida Qaumi Movement, Awami National Party, Balochistan National Party, APML and Pakistan Awami Tehreek. They are required to submit their suggestions for an amicable way to end the current political impasse.

Although a larger Supreme Court bench resumed the hearing on a set of petitions against sit-ins by the PTI and PAT on the Constitution Avenue, a sort of clarification by the chief justice was expected because the allegations levelled against the superior judiciary created doubts in the minds of many. “I have met Imran Khan only once and that too along with his counsel Hamid Khan when I was officiating as acting Chief Election Commissioner,” the chief justice said, adding that the two had come to discuss introduction of the biometric system in the local government polls in Khyber Pakhtunkhwa on an election petition. About having an understanding with someone directly or indirectly, he said it was not his position to issue clarifications. Advocate Hamid Khan, who is senior vice president of the PTI but appeared before the court on his own as a senior member of the bar, also endorsed the chief justice’s statement, but regretted that the office of the chief justice had been dragged unnecessarily.

This made Justice Jawwad S. Khawaja to state that the entire bench and, not a single judge, decided matters in the court. Justice Anwar Zaheer Jamali deplored that it had become a tendency to malign institutions by hurling accusations, disregarding consequences. The court asked Hamid Khan to explain what he meant by suggesting to the court to initiate a suo motu notice on the current political situation. The counsel explained that when the court took up a suo motu cognisance it had a wider jurisdiction than the limited scope of a petition before it. Besides, he said, court’s orders were always binding and the court could seek political parties’ views for resolving the standoff. Citing a book titled “Justice” by Indian writer Chakravarti, Justice Saqib Nisar said time had come when the Supreme Court should determine the parameters of the competing fundamental rights enshrined in the Constitution like the freedom of speech. He referred to a


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Monday night’s TV talk show in which a barrister heaped abuses on the judiciary.

At this Advocate Zulfikar Naqvi, representing the High Court Bar Association Rawalpindi drew the court’s attention to his petition in which he had named at least 15 political parties respondents.

But he was reminded by the court that he had missed many parties in the list and should include them as well so that notices could also be issued to them.

Advocate Ali Zafar, representing the PAT, said that as a citizen he was extremely depressed over what was going on. A number of people were killed and injured but politicians failed to resolve the issue. He said he had talked to the PAT leaders who told him to inform the court that they had immense respect for the superior judiciary but would not give any suggestion because the current issue was a political one in which the court should not intervene. But the court observed that it was not fair and explained that this was not a political dispute, but a constitutional one. Justice Khawaja said that like members of parliament, judges had also taken oath under the Constitution, but the oath not taken under the Constitution was the oath of allegiance to Queen of England, obliquely referring to the dual nationality of PAT chief Dr Tahirul Qadri. “What right any individual has to storm the state television and then congratulate for occupying PTV and the parliament,” Justice Jamali said, adding that the court had been exercising patience and restraint despite double face being shown to it.

PHC CJ asked to take action against ADSJ The News, 2nd Sep, 2014

PESHAWAR: A resident of Latifabad locality in the provincial capital on Monday appealed to chief justice of the PHC to take action against the additional district and sessions judge (ADSJ) Mansehra for misusing his powers.Speaking at a press conference here, Mohammad Tariq said he had a property dispute with Additional District and Sessions Judge Munawar Khan, who is his maternal uncle. He alleged that Munawar Khan was misusing his authority. He claimed the additional district and session’s judge got a fake case registered against him in the City Police Station in Mansehra on August 8.

CJ summons all SC judges to Islamabad The News, 2nd Sep, 2014

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Nasirul Mulk on Monday summoned all the judges of the apex court to the federal capital. According to sources, a meeting of the Supreme Court judges is likely to be held with chief justice in the chair.It may be mentioned here that most of the apex court judges were on summer vacations till September 8.

Meanwhile, Justice Faiz Essa has been appointed as a Supreme Court judge. President Mamnoon Hussain appointed him on the recommendation of Prime Minister Muhammad Nawaz Sharif. The Judicial Commission recommended his appointment as a judge of the Supreme Court while the Parliamentary Committee approved it. On Monday, a final notification was also issued.

SC seeks suggestions from PTI and PAT Dawn, 2nd Sep, 2014

ISLAMABAD: The Supreme Court asked the two protesting parties — Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehreek (PAT) — on Monday what proposals they had in their mind about the role the court should play in ending the current political impasse. But when reporters misconstrued it as an offer on part of the court to arbitrate, Chief Justice Nasir-ul-Mulk himself dispelled the impression and explained that the court was not going to mediate or arbitrate in the standoff.

“The Supreme Court is a court of law and adjudicates when something is brought before it and when it gives an order on an issue it is binding on everyone,” he observed. The chief justice, who heads a five-judge bench hearing a set of petitions against sit-ins by the PTI and the PAT on the Constitution Avenue, made the observation against the backdrop of PTI’s counsel Hamid Khan’s earlier request to the court to take a suo motu cognisance for resolution of the crisis, but was told to highlight issues through a petition. Both Hamid Khan and Ali Zafar, representing the PAT, who were absent on Monday are required to appear before the court on Tuesday with suggestions after consulting heads of the two parties. The order was issued after Ahmed Awais, another PTI lawyer, said he needed time because he could not contact the party leadership.

Attorney General Salman Aslam Butt requested the court to invoke Article 190 of the Constitution – a provision which empowers the Supreme Court to summon any executive authority to its aid – but the court explained that the article was used when its directives were not complied with. The AG then requested the court to at least order the protesters to restrain from attacking public buildings, but the court asked him who had the power to stop the protesters from indulging in unlawful acts. Referring to the violent protests on the Constitution Avenue, Justice Jawwad S. Khawaja said he wondered how these were different from an insurgency in Fata. He then cited the written commitments made by the protesting parties that they would abide by the Constitution and said time had come when “we have to come out in the open and let the people say that they are against the country, the Constitution and the entire system. There should be no double face. Let them say they are revolutionaries.”

Justice Khawaja said the discord on the Constitution Avenue could not be accepted as if it were in accord with the Constitution. “Whatever is being said today is becoming a part of history and a day will come soon when historians will tell who was telling the truth and who was lying.” He also took


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exception to the violence against media personnel and asked whether “we are living in a civilised society or not”. At the outset of the proceedings, the attorney general informed the court the PTI and the PAT had accepted 24 conditions in agreements with the Islamabad administration, but they violated these. He read out the conditions in the form of non-objection certificate under which the protesters would not enter the red zone, not storm or damage any private or public property, not bring any infant to the protest, will remain confined to the Parade Ground, not litter the area, restrict the volume of the sound system and avoid sectarian or objectionable speeches. But, the AG regretted, the protesters came with batons, cutters, hammers, daggers and slingshots and used trucks to damage entrance gates of the Parliament House and even tried to uproot the gates of the Presidency. On Monday, they raided the Pakistan Television building and switched off its transmission for half an hour, he recalled.

Balochistan High Court Bar Association President Sajid Tarin informed the court about a reported statement of Taliban leader Mullah Fazlullah that the protesters had shown them the easiest way of making Islamabad hostage. He asked why the three federating units – Balochistan, Khyber Pakhtunkhwa and Sindh – were being punished when they were not complaining of poll rigging. He regretted that an impression was being created as if the real power lay with the gun and not with the Constitution. He cited the use of a term, “third umpire”, by PTI chief Imran Khan. “The only neutral umpire under the Constitution is the Supreme Court,” Justice Saqib Nisar said, adding that the court was the only forum for getting political justice because it was the custodian of fundamental rights. “Tell us how the court can resolve the issue when it is seized with seven petitions highlighting breach of fundamental rights and when the very constitution is under threat,” he said, referring to last night’s attack on his car and his escort. Justice Anwar Zaheer Jamali wondered why there was a complete failure on part of the government and why the law was not taking its course.

Section 144 enforced in Punjab The Nation, 1st Sep, 2014

LAHORE - In anticipation of the current political unrest spreading across Punjab, the provincial government has enforced Section-144 in the entire province.It shall remain in force for 15 days. The provincial Home Department on Sunday issued a notification directing all DCOs to ensure implementation of the said law in their respective districts. Gathering of more than five persons at a place is prohibited when Section-144 is in force. The decision came when the PTI and PAT are planning to widen the spectrum of their protest movement at the district level. The PTI held protest demonstrations in Lahore, Faisalabad, Sargodha and Multan on Thursday and more cities are going to witness sit-ins in the next few days.

FIR registered against Imran The News, 1st Sep, 2014

ISLAMABAD: PTI Chairman Imran Khan has said that the FIR registered against him was nothing but a pack of lies.Addressing the Azadi March participants on Sunday, he said that all the allegations levelled against him were false.He claimed that PTI workers were not involved in violence as the clashes first erupted between PAT workers and police. He said PTI workers were behind the PAT workers. Khan said that police were scared of the PTI workers.


28

HUMANITARIAN INTERVENTION IN LEGAL SECTOR TWO BILLS INTRODUCED IN BALOCHISTAN ASSEMBLY Free and Fair Election Network 24th Sep, 2014

ISLAMABAD, September 24, 2014: The Balochistan Assembly witnessed introduction of two bills during the first sitting of 14th session on Wednesday, says the Free and Fair Election Network (FAFEN). A PkMAP lawmaker introduced both the bills that include the Balochistan University of Information Technology Engineering and Management Sciences (Amendment) Bill 2014 and the Balochistan University of Engineering and Technology (Amendment) Bill 2014. Both bills were referred to the relevant committee.

The PML-N and PML members jointly staged a walkout over alleged discriminatory attitude of the government and complained they are not being taken into confidence over important decisions. A lawmaker of the National Party walked out of the House over deteriorating law and order situation in Kech. The House offered fateha for the departed souls of a PML-N lawmaker’s mother and daughter who passed away in an accident this month. Following are some key observations of the proceedings: Members’ Participation in House Proceedings

The Balochistan Assembly met for an hour and 26 minutes.

The sitting started at 1631 hours against the scheduled time of 1600 hours witnessing a delay of 31 minutes.

Thirty-five lawmakers (54%) were present at the outset and 28 (43%) at the adjournment of the sitting.

The Speaker chaired the entire sitting.

The Leader of the House attended the entire sitting while the Leader of the Opposition was absent.

The parliamentary leaders of PkMAP and NP attended the sitting.

Two minority members attended the sitting.

Seven members applied for leave. Output

A PkMAP lawmaker introduced two bills – the Balochistan University of Information Technology Engineering and Management Sciences (Amendment) Bill 2014 and the Balochistan University of Engineering and Technology (Amendment) Bill 2014 – which were referred to the relevant committee.

Representation and Responsiveness

The House took up two of the three starred questions (requiring oral as well as written replies). Three supplementary questions were also asked.

Order and Institutionalization

The lawmakers raised 12 points of order that consumed 23 minutes of the proceedings’ time.

The PML-N and PML lawmakers jointly staged a walkout over alleged discriminatory attitude of the government and complained they are not being taken into confidence over important decisions.

A National Party lawmaker walked out of the House over deteriorating law & order situation in Kech.

Transparency

‘Orders of the Day’ was available to the legislators, observers and others.

Information on legislators’ attendance was not available to the observers and the public.


29

KHYBER PAKHTUNKHWA LEGAL PROFILE

Profile: 1. Total Area: 74,521 square kilometers. 2. Population (1998 Census): 17,736000 (Urban, 2994000 & Rural, 14,742000) 3. Overall Literacy Rate is 52% in KPK

Introduction: Khyber Pakhtunkhwa (KPK) formerly called North-West Frontier Province is one of the four provinces of Pakistan, located in the north-west of the country. It borders the Federally Administered Tribal Areas to the west and south, Gilgit–Baltistan to the north-east, Azad Kashmir to the east, Punjab and the Islamabad Capital Territory to the south-east, and Afghanistan to the north-west. The province of Baluchistan is located southwards. The provincial capital and largest city is Peshawar. Today Khyber Pakhtunkhwa, spread over 74,521 sq. km, has a population of over 22 million. It comprises of three major administrative parts. One part, composed of settled areas, consists of the districts of Abbottabad, Bannu, Battagram, Charsadda, Dera Ismail Khan, Hangu, Haripur, Kohistan, Kohat, Karak, Lakki Marwat, Mansehra, Mardan, Nowshera, Swabi, Peshawar and Tank. The second known as PATA (Provincially Administered Tribal Areas) has a population of 831 ,000 and consists of Malakand Agency and the districts of Upper Dir, Lower Dir, Chitral, Swat, Buner, Shangla, and the pocket of Kala Dhaka / "Black Mountains", Kohistan (previously part of Swat State) and the State of Amb, now submerged in the Tarbela Dam reservoir The third part, FATA (Federally Administered Tribal Areas), is spread over 27,220 sq. km and has a population of 3,764,000. It comprises of seven Tribal Agencies and six Frontier Regions. The Tribal Agencies are Bajaur, Mohmand, Khyber, Orakzai, Kurram, North Waziristan and South Waziristan. The Frontier Regions include F.R. Bannu, Central Kurram, F.R. Dera Ismail Khan, F.R. Kohat, F.R. Lakki, F.R. Peshawar and F.R. Tank. These are directly controlled by the Governor Khyber Pakhtunkhwa.

Law & Order Situation

KPK is the Province which continues to experience high levels of violence characterized street robbery, burglary, revenge and honor killings, political violence, terrorist attacks, kidnapping, military actions, and civil disturbances are common events especially in Peshawar and northwest Pakistan.

Statistically Crime and Safety Situation

In Khyber Pakhtunkhwa (KPK), overall 658,386 cases were registered during the last 5 years with the average of 131,677 cases – 114,083 in 2008, 114,544 in 2009, 136,212 in 2010, 145,772 in 2011 and 147,775 cases in 2012, the 5-year report said. 64,627 cases of crime against person and property were reported with the average of 12,934 cases every year – 12,627 in 2008, 13,125 in 2009, 13,136 in 2010, 12,884 in 2011 and 12,898 in 2012 – the statistics indicates adding, 117 people committed suicide in five years. 14,764 people were assassinated with the average of 2,953 yearly as 2,896 persons were killed in 2008, 3,119 in 2009, 2,894 in 2010, 2,897 in 2011 and 2,958 in 2012, the crime analysis report said, adding that 24 women were gang raped and 654 were raped in five years. The report said that 557 people were kidnapped for ransom – 129 in 2008, 150 in 2009, 141 in 2010, 77 in 2011 and 60 in 2012 – while, 4,160 persons were kidnapped with the average of 832 every year – 628 in 2008, 814 in 2009, 816 in 2010, 910 in 2011 and 992 people were kidnapped in 2012. Only 3,886 vehicles were stolen or snatched during the last five years, as the KPK was at the receiving end, the report said adding that the crime against property was recorded as 11,652 cases with the average figure of 2,330 every year. However, upward trend of 13.04% was seen as compared to the figures of 2006 and 2007.

Case Ratio: The National Judicial (Policy Making) Committee in a meeting held on 28th April, 2012 was informed that at the time of launching National Judicial Policy the judge case ratio was 1:1860 and now after implementation of Policy and strict monitoring the judge case ratio has been decreased considerably. In the province of KPK the judge case ratio is 1:293, it happens due to better performance of Courts.

Statement showing seniority list of the Honor ‘able judges Peshawar High Court 01.01.2010

S.No Name Date of Birth Appointment as Permanent Judge

Appointment as Chief Justice

Date of Retirement

1 Mr. Justice Ejaz Afzal Khan Chief Justice

08.05.1953 06.09.2001 20.10.2009 07.05.2015

2 Mr. Justice Shah Jehan Khan Judge

03.04.1950 03.02.1998 02.04.2012

3 Mr. Justice Dost Muhammad Khan Judge

20.03.1953 10.09.2003 19.03.2015

4 Mr. Justice Abdul Aziz Kundi Judge

01.01.1949 23.12.2010 31.12.2010

5 Mr. Justice Attaullah Khan Judge

04.06.1950 03.06.2012

6 Mr. Justice Miftah udDin Khan Judge

13.02.1951 12.02.2013

7 Mr. Justice Mian Fasih ul Mulk

08.04.1952 07.04.2014


30

Judge 8 Mr. Justice Mazhar

Alam Khan Miankhel Judge

14.07.1957 13.07.2019

9 Mr. Justice Syed Sajjad Hassan Shah Judge

20.08.1950 19.08.2012

10 Mr. Justice Ziaur Rehman Khan Judge

01.06.1952 31.05.2014

11 Mr. Justice Sardar Shaukat Hayat Judge

10.11.1952 09.11.2014

12 Mr. Justice Abdul Samad Khan Judge

27.03.1953 26.03.2015

13 Mr. Justice Sher Muhammad Khan Judge

04.06.1953 03.06.2015

14 Mr. Justice Imtiaz Ali Judge

16.11.1953 15.11.2015

15 Mr. Justice Yahya Afridi Judge

23.01.1965 22.01.2027

Statement showing monthly, institution and disposal of all categories of cases in Peshawar High Court, Peshawar from 1st January to 31st December 2010:

S.No Category of cases Pending Institution Total for Disposal

Disposed Balance

DB Pesh Pesh Pesh Pesh Pesh 1 Death Appeals 38 49 87 32 55 2 Murder Reference 36 49 85 30 55 3 Life Imprisonment 231 302 533 160 373 4 Criminal Appeals: (Short

Sen.) 33 172 205 150 55

5 Criminal Appeals: (ATC) 46 3 49 3 46 6 Criminal Revisions

(ATC) 6 6 6

7 Acquittal Appeals 699 168 867 158 709 8 Ehtesab Criminal

Appeals 140 51 191 96 95

9 Ehtesab Criminal Revisions

18 18 18

10 Criminal Revisions 41 109 150 46 104 11 Criminal Misc: 60 136 196 145 51 12 Criminal Misc:

Quashment 5 5 1 4

13 R.F.A. 495 294 789 200 589 14 R.S.A. 3 3 3 15 F.A.O. 4 31 35 28 7 16 S.A.O 56 56 14 42 17 Civil Revisions 16 47 63 54 9 18 Civil Misc: 563 270 833 542 291 19 Cross Objection in RFA 27 74 101 11 90 20 Review in C.Rs 21 Review in R.F.A. 2 1 3 3 22 Review in S.A.O 1 1 1 23 I.C.A. 9 4 13 3 10 24 F.A.B. 186 73 259 76 183 25 Cross Objection in FAB 26 Review in F.A.B 7 1 8 8 27 Tax References 69 144 213 93 120 29 Review in Tax

References 12 30 42 24 18

30 Custom References 95 177 272 121 151 31 Writ Petitions 2118 4526 6644 3803 2841 32 Review in Writ Petitions 54 67 121 66 55 33 COC 1 158 159 99 60 33 Subordinate Judiciary

Appeals 93 35 128 78 50

TOTAL 5145 6990 12135 6033 6102 SB 1 Criminal Appeals (Short

Sen) 81 161 242 130 112

2 Acquittal Appeals 173 169 342 120 222 3 ATC Appeals 8 8 1 7 4 Criminal Revisions 39 110 149 121 28 5 Criminal Misc: 326 2126 2452 2384 68 6 Criminal Misc:

Quashment 126 292 418 233 185


31

7 R.F.A. 655 221 876 161 715 8 R.S.A. 4 1 5 5 9 F.A.O. 61 38 99 66 33 10 S.A.O 7 4 11 11 11 Civil Revisions 2341 3896 6237 1832 4405 12 Civil Misc: 205 788 993 991 2 13 Cross Objection in RFA 4 7 11 4 7 14 Cross Objection in CR 15 Review in F.A.O. 2 2 2 16 Review in C.Rs 21 30 51 42 9 17 Review in C.C 12 12 12 18 Execution Petitions 13 13 13 19 Objection Petitions 4 11 15 1 14 20 C.R.C (Original) 2 2 2 21 C.R.C (Execution) 1 1 1 22 Writ Petitions 7 7 1 6 23 Original suit Banking 12 1 13 2 11 24 Civil Misc:Banking 13 2 15 15 25 Company cases. 11 6 17 1 16 26 Labour Appeals 196 748 944 555 389 27 Labour Revisions 4 12 16 2 14 28 Labour Complaints 29 Civil Misc:Labour 33 58 91 61 30 30 Election Petitions 26 26 10 16 31 Civil Misc: Election

Petition 3 3 3

32 COC 30 15 45 32 13 Total 4420 8696 13116 6764 6352 Grand Total of DB+SB Cases 9565 15686 25251 12797 12454

Statement showing monthly, institution and disposal of all categories of cases in Peshawar High Court, Abbottabad Bench from 1st January 31st December 2010:

S.No Category of cases Pending Institution Total for Disposal

Disposed Balance

DB Atd Atd Atd Atd Atd 1 Death Appeals 38 49 87 32 55 2 Murder Reference 36 49 85 30 55 3 Life Imprisonment 231 302 533 160 373 4 Criminal Appeals:(Short

Sen.) 33 172 205 150 55

5 Criminal Appeals:(ATC) 46 3 49 3 46 6 Criminal Revisions (ATC) 6 6 6 7 Acquittal Appeals 699 168 867 158 709 8 Ehtesab Criminal

Appeals 140 51 191 96 95


18 18 18


Quashment 5 5 1 4

13 R.F.A. 495 294 789 200 589 14 R.S.A. 3 3 3 15 F.A.O. 4 31 35 28 7 16 S.A.O 56 56 14 42 17 Civil Revisions 16 47 63 54 9 18 Civil Misc: 563 270 833 542 291 19 Cross Objection in RFA 27 74 101 11 90 20 Review in C.Rs 21 Review in R.F.A. 2 1 3 3 22 Review in S.A.O 1 1 1 23 I.C.A. 9 4 13 3 10 24 F.A.B. 186 73 259 76 183 25 Cross Objection in FAB 26 Review in F.A.B 7 1 8 8 27 Tax References 69 144 213 93 120 29 Review in Tax

References 12 30 42 24 18

30 Custom References 95 177 272 121 151 31 Writ Petitions 2118 4526 6644 3803 2841 32 Review in Writ Petitions 54 67 121 66 55 33 COC 1 158 159 99 60 33 Subordinate Judiciary

Appeals 93 35 128 78 50

Total 5145 6990 12135 6033 6102 SB 1 Criminal Appeals (Short 81 161 242 130 112


32

Sen) 2 Acquittal Appeals 173 169 342 120 222 3 ATC Appeals 8 8 1 7 4 Criminal Revisions 39 110 149 121 28 5 Criminal Misc: 326 2126 2452 2384 68 6 Criminal Misc:

Quashment 126 292 418 233 185

7 R.F.A. 655 221 876 161 715 8 R.S.A. 4 1 5 5 9 F.A.O. 61 38 99 66 33 10 S.A.O 7 4 11 11 11 Civil Revisions 2341 3896 6237 1832 4405 12 Civil Misc: 205 788 993 991 2 13 Cross Objection in RFA 4 7 11 4 7 14 Cross Objection in CR 15 Review in F.A.O. 2 2 2 16 Review in C.Rs 21 30 51 42 9 17 Review in C.C 12 12 12 18 Execution Petitions 13 13 13 19 Objection Petitions 4 11 15 1 14 20 C.R.C (Original) 2 2 2 21 C.R.C (Execution) 1 1 1 22 Writ Petitions 7 7 1 6 23 Original suit Banking 12 1 13 2 11 24 Civil Misc:Banking 13 2 15 15 25 Company cases. 11 6 17 1 16 26 Labour Appeals 196 748 944 555 389 27 Labour Revisions 4 12 16 2 14 28 Labour Complaints 29 Civil Misc:Labour 33 58 91 61 30 30 Election Petitions 26 26 10 16 31 Civil Misc:Election

Petition 3 3 3

32 COC 30 15 45 32 13 TOTAL 4420 8696 13116 6764 6352 Grand Total of DB+SB Cases 9565 15686 25251 12797 12454

Statement showing monthly, institution and disposal of all categories of cases in Peshawar High Court D. I. Khan Bench from 1st Jan 31st Dec 2010:

S. No

Category of cases Pending Institution Total for Disposal Disposed Balance

DB DIK DIK DIK DIK DIK 1 Death Appeals 12 9 21 16 5 2 Murder Reference 15 8 23 18 5 3 Life Imprisonment 128 54 182 83 99 4 Criminal

Appeals:(Short Sen.) 7 18 25 19 6

5 Criminal Appeals:(ATC)

19 17 36 16 20

6 Criminal Revisions (ATC)

7 Acquittal Appeals 172 78 250 68 182 8 Ehtesab Criminal

Appeals



Quashment

13 R.F.A. 58 70 128 22 106 14 R.S.A. 15 F.A.O. 5 5 4 1 16 S.A.O 17 Civil Revisions 4 10 14 8 6 18 Civil Misc: 101 267 368 245 123 19 Cross Objection in

RFA

20 Review in C.Rs 21 Review in R.F.A. 22 Review in S.A.O 23 I.C.A. 24 F.A.B. 33 19 52 19 33 25 Cross Objection in

FAB


33

26 Review in F.A.B 1 1 1 27 Tax References 3 3 3 29 Review in Tax

References

30 Custom Refrences 31 Writ Petitions 411 881 1292 508 784 32 Review in Writ

Petitions 3 13 16 7 9

33 COC 33 Subordinate

Judiciary Appeals

TOTAL 1081 1541 2622 1143 1479 SB 1 Criminal Appeals

(Short Sen) 18 28 46 37 9

2 Acquittal Appeals 33 79 112 104 8 3 ATC Appeals 4 Criminal Revisions 36 45 81 73 8 5 Criminal Misc: 51 539 590 547 43 6 Criminal Misc:

Quashment 22 140 162 132 30

7 R.F.A. 101 128 229 100 129 8 R.S.A. 9 F.A.O. 5 3 8 6 2 10 S.A.O 11 Civil Revisions 1061 468 1529 489 1040 12 Civil Misc: 60 250 310 238 72 13 Cross Objection in

RFA 6 4 10 10

14 Cross Objection in CR

1 1 1

15 Review in F.A.O. 16 Review in C.Rs 4 4 2 2 17 Review in C.C 18 Execution Petitions 19 Objection Petitions 20 C.R.C (Original) 21 C.R.C (Execution) 22 Writ Petitions 2 1 3 1 2 23 Original suit Banking 24 Civil Misc:Banking 25 Company cases. 3 3 3 26 Labour Appeals 9 9 18 7 11 27 Labour Revisions 28 Labour Complaints 29 Civil Misc:Labour 30 Election Petitions 31 Civil Misc:Election

Petition

32 COC TOTAL 1408 1698 3106 1737 1369 Grand Total of DB+SB Cases

2489 3239 5728 2880 2848

Statement showing District Wise data of civil cases in the District Courts of KPK:

S. #

Dis

tric

t

Pend

ing

Influ

x

Inst

itute

d

No.

of c

ases

retu

rned

fr

om "

Non

Pr

ocee

ding

s to

no

rmal

cy

Tran

sfer

in (i

nclu

ding

R

eman

ded

case

s)

Dis

pose

d of

f

Dis

mis

sed

in D

efau

lt

Tran

sfer

out

No.

of "

Non

Pr

ocee

ding

s" c

ases

(P

arch

a Ya

dash

t, St

ay

of P

roce

edin

gs, S

ine

die

adjo

urne

d)

No.

of c

ases

not

di

spos

ed o

f with

in

stip

ulat

ed ti

me

(New

ca

ses

back

log

(influ

x)

Bal

ance

1 Peshawar 726

86 2806 35 259 2598 82 221

3 86 922

2 Nowshera 302

7 653 20 115 872 1 71 7 146

3 Charsadda 383

880 18 112 765 19 106

503

4 Mardan 855

30 1804 26 22 1798 55 82 4 30 768

5 Swabi 349

7 1151 7 90 904 22 35 7 636

6 Malakand 123

2 515 1 45 421 31 2 232

7 Swat 23 3 1925 2 413 1312 13 36 1 3 891


34

9 2

8 Shangla 12 314 89 263 13 12 127

9 Lower Dir 185

534 37 26 444 20 22 12 284

10 Upper Dir 219

4 390 49 351 112

4 195

11 Buner 90 616 9 404 499 224

396

12 Chitral 328

870 1 170 866 1 35 8 459

13 D.I.Khan 933

322

1759 67 645 1743 56 358

9 322 1238

14 Tank 30 157 2 2 162 8 21

15 Bannu 106

26 858 6 126 606 4 181

4 26 301

16 Lakki 275

871 18 118 525 206

551

17 Kohat 227

1 1111 1 160 1011 28 134

10 1 316

18 Hangu 27 130 6 23 143 2 10 31

19 Karak 317

53 1227 57 716 2 227

53 656

20 Haripur 504

1847 11 211 1862 12 117

20 562

21 Abbottabad 820

1648 4 479 1754 5 289

903

22 Mansehra 509

327

1859 3 151 1601 29 123

3 327 766

23 Batagram 86 212 2 13 87 4 52 1 169

24 Kohistan 24 37 4 59 3 3 TOTAL 76

69 868

24174

276 3783 21362

368

3021

75 868 11076

Statement showing District Wise Data of Criminal Cases in the Session Courts of KPK:

S. N

o

Dis

tric

t

Pend

ing

Influ

x

Inst

itute

d

No.

of c

ases

retu

rned

from

"N

on P

roce

edin

gs"

to

norm

alcy

Tran

sfer

in(in

clud

ing

Rem

ande

d ca

ses)

Dis

pose

d of

f

Dis

mis

sed

in D

eafu

lt

Tran

sfer

out

No.

of "

Non

Pro

ceed

ings

" ca

ses

(Par

cha

Yada

sht,

Stay

of

Pro

ceed

ings

, Sin

e di

e ad

jour

ned)

No.

of c

ases

not

dis

pose

d of

w

ith in

stip

ulat

ed ti

me

(New

ca

ses

back

log

(influ

x)

Bal

ance

1 Peshawar 1931 249 4010 15 347 4512 1 221 51 249 1518

2 Nowshera 742 140 1781 1 37 2174 77 140 310

3 Charsadda 667 1484 118 1608 5 159 497

4 Mardan 1235 117 1803 42 2574 1 87 23 117 395

5 Swabi 617 41 1639 137 1639 2 27 41 725

6 Malakand 361 11 546 2 46 743 27 7 11 178

7 Swat 456 965 1 150 1144 2 140 286

8 Shangla 118 282 34 311 26 97

9 Lower Dir 308 3 612 42 13 686 49 3 3 237 10 Upper Dir 325 1 915 1 857 127 4 1 253

11 Buner 102 426 100 386 92 150

12 Chitral 103 269 18 260 6 9 1 114

13 D.I.Khan 663 201 1038 4 287 1216 16

168 1 201 591

14 Tank 213 368 7 453 1 15 119

15 Bannu 680 190 1085 2 338 1049 341 32 190 683

16 Lakki 349 969 1 276 709 343 543

17 Kohat 159 2 1066 10 128 931 90 6 2 336

18 Hangu 285 4 608 7 135 781 61 4 193

19 Karak 433 245 852 58 873 165 245 305 20 Haripur 529 903 15 39 984 35 12 455


36

Freedoms Published on: 24th Sep, 2014 The News Imran and Qadri often quote Articles 15 and 16 of the constitution regarding freedom for movement and assembly for citizens – to justify their right to launch their marches and stage sit-ins at Islamabad. They, however, avoid unravelling the corresponding restrictions on these rights prescribed in the same articles.

Article 15, on the right to free movement, says: “Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof”. Article 16, on the right of assembly, stipulates “Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order”. As is evident, the freedoms guaranteed by the constitution are contingent upon the citizens exercising those rights within the ambit of laws prevalent in the country in a peaceful manner without threatening public order by use of arms or force. Maintenance of public order is accorded top priority in any kind of governing dispensation and nowhere in the world would constitutions allow unbridled freedom for enjoying these rights. Protesting against the policies of the sitting government and taking out rallies to record protest within the ambit of law is ungrudgingly allowed. For the benefit of the readers perhaps it would be pertinent to quote Section 141 of the Pakistan Penal Code that stipulates when an assembly becomes unlawful: “An assembly of five or more persons is designated unlawful assembly if the common object of the persons composing that assembly is to overawe by criminal force, or show of criminal force, the Federal or any provincial government or legislature, or any public servant in the exercise of lawful power of such public servant: “To resist the execution of any law, or of any legal process; to commit any mischief or criminal trespass, or other offence; or by criminal force, or show of criminal force, to any person to take or obtain possession of any property or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment; or by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do” In light of the constitutional clauses and the section of the Pakistan Penal Code, the sit-ins staged by the PTI and PAT, attacks on parliament, the Prime Minister House, the Secretariat, the attack on PTV offices by PAT workers holding spiked clubs, attempts by PTI workers to stop prison vans from carrying their workers to jail after the court had ordered them to be sent on judicial remand, forcible release of PTI workers from police custody by Imran Khan, provocative and inflammatory speeches inciting workers to violence, PAT vigilante guarding Constitution Avenue obstructing the right of way of citizens, attacks on media persons and relentless attacks on Geo’s building by PTI workers, all constitute a serious breach of the constitution and the laws of the land.

The full bench of Lahore High Court in its decision of August 13 had declared their demands and marches as unconstitutional and a three-member bench of the Lahore High Court, now hearing a petition by a private citizen, has permitted filing of contempt proceedings against PTI and PAT leaders for having violated that order and gone ahead with their marches. Our country, no doubt, is long overdue for reforms in the systems of governance and the way we elect our legislature to strengthen democracy. But both Imran and Qadri are preaching anarchy and chaos, all the while hiding behind their proposed agendas of reforms. Their real motives, and the conspiracy that brought these two gentlemen together to create chaotic conditions in the country paving the way for military intervention, have been exposed by none other than Javed Hashmi and the former COAS General (r) Aslam Beg. The revelations by the latter have even added international dimensions to this sordid episode. Speaking to Salim Safi in the programme ‘Jirga’, Beg accused some former generals and associates of Musharraf to have hatched this conspiracy with the backing of the US, Canada and UK – a charge readily denied by these countries. He also categorically stated that this conspiracy had been thwarted by the timely decision of the present COAS General Raheel Sharif. In my articles on the subject, while I went along the conspiracy theory, I invariably maintained that there was very strong circumstantial evidence to refute the involvement of the current army leadership in the current political crisis. General Raheel Sharif and even General Kayani have played a laudable role in the continuation and strengthening of democratic and constitutional rule in the country. But the greater onus lies on the politicians. The political crisis has given them the opportunity to focus on the issues of reforms. The incumbent government is more than willing to facilitate and participate in the process of reforms through consensus among all the political forces. Qadri is a different case but Imran Khan, who is a leader of the masses in his own right and has considerable presence in parliament, needs to realise that it is no more possible to reach the corridors of power through short cuts using unsubstantiated allegations as a whipping horse. All the state institutions, the civil society, lawyers, media, judiciary and the army, have expressed their support for the democratic process and constitutional rule in the country. Khan should become part of the reforms process and try to get his grievances addressed through legal forums. And if there are certain laws and practices that hamper the quick and timely dispensation of justice, they can be changed via parliament. Personal egos and ambitions should not be allowed to sabotage national interests. Both the PTI and the PAT, having failed in implementing their plan, are better advised to end the sit-ins. They must go back to the public, propagate and promote their manifestos and try to win public mandate in the next elections to implement their policies. Any other course would be suicidal for them as well as harmful to the country.


37

The constitutionality of protest Published on 21st Sep, 2014 Express Tribune

On these pages, on September 9, Shehreen Najam wrote an essay, “Jinnah’s politics — a gentleman’s game” about how the current Imran Khan and Tah irul Qadri-led agitations are not what Jinnah would have done. In taking Jinnah’s example – and showing how divergent he was from Gandhi in his politics – she makes a broader point about how reform, and political change in general, ought to be pursued constitutionally rather than via “mobs” and “anarchy”. There are, however, a few problems with that argument. First, it’s factually incorrect. While Jinnah broadly stayed away from Gandhi’s protest movements, he did conduct his own. Direct Action Day — better known as the Great Calcutta Killings — was a day of protests declared by the Muslim League in 1946, and, as alluded to, led to very much the same anarchy & violence Najam decries. Second — and more importantly – if one really does want a revolution it will have to be unconstitutional by definition. A country’s constitution lays out the conditions under which a change of government ought to take place; in most places including Pakistan, constitutions generally specify elections and a government to come in by popular vote. Barring a no-confidence vote, or a nullification of last year’s elections by the Supreme Court, there are very few legal paths left to those that want Nawaz to go. Here’s where revolution comes in. Just because a revolution is extra-legal doesn’t necessarily make it ‘wrong’. After all, dictators from Louis XVI all the way to Ceaucescu and Mubarak have been removed through extra-legal, if popular, means. While it is a stereotypically Pakistani inclination to ignore or admonish Gandhi, his approach is relevant in this case. Choosing not to pay taxes on salt was illegal according to the law imposed on India at the time. By breaking the law, Gandhi highlighted how the law worked against Indians rather than for them. By refusing to sit in a seat designated for black people, Rosa Parks made a similarly powerful statement. There is always space for breaking the law and working against the state while maintaining moral superiority if citizens feel that the laws no longer serve them justly, or at all. That is especially the case when the movement is popular. One can be upset at the freshly washed laundry hanging from the Supreme Court grounds (I’m personally a fan. The state belongs to its people; why shouldn’t ordinary citizens claim what is theirs in a city that they have long been shut out from?) but ‘unruliness’ hardly qualifies as a legitimate complaint against a protest that claims serious grievances against the current government. In fact, to insist on politics being a ‘gentleman’s game’ excludes the very idea of mass protest and the protesters themselves. Even violence can have legitimacy. Nelson Mandela of all people advocated violent resistance to the apartheid regime in South Africa; organizations like the FLN in Algeria, the JKLF in Kashmir, or the Viet Cong in Vietnam have all claimed moral supremacy over the regimes they violently fought. Major religions, including Islam, also allow for armed resistance.

While both PTI and PAT have insisted on keeping their protests peaceful (with occasional lapses), it is hardly out of the ordinary for revolutions to involve violence at some point. But in the cases outlined above, right was always claimed to be on the agitators’ side, even if the law was not. In Qadri and Imran’s case, that case is more difficult to make. In Qadri’s case, he is completely entitled to want a revolution. But it is difficult to lecture politicians and the public in general on the tenets of the Constitution when Qadri’s only aim is to eschew it. As mentioned earlier, inqilab is by definition antithetical to the Constitution. Qadri can, of course, make the argument that the constitution is a limp document that only seeks to the further the interests of entrenched politicians, but he hasn’t. Instead, he has listed time and again the tenets that he claims the current government has broken, and his own allegiance to the very same document (notwithstanding the small inconvenience of his Canadian citizenship). Thus the issue with Qadri’s protests isn’t so much the call for revolution, but the fact that the call is being made from the impossible claim of being in accordance with the constitution. Imran’s case is more complicated because the rhetoric is different. The call is for Nawaz to resign, not for a revolution. The Pakistan Constitution allows for the right to assemble, and Imran has claimed that right, yet he alludes to the Egyptian Revolution in his daily speeches, not least by referring to D-Chowk as ‘Azadi Chowk’. Imran has also chosen an extra-legal route (among others) for his protest in the form of tax avoidance. There ought to be a space for this kind of civil disobedience, regardless of what one thinks of his tactics or complaints. That said, Imran’s own spotty avowal to the constitution is problematic. His statement that called the Musharraf dictatorship better than Nawaz’s democracy – backed by Imran’s own support for Musharraf when he was in power – should not be taken as comment on the quality of governance as was meant. It has greater, more serious implications for what one considers a legitimate government. If Imran truly thinks a dictatorship was better (although I do suspect that he meant it as a compliment to Musharraf) then it implies that he doesn’t have any qualms about how a ruler obtains power, and is more concerned about how the ruler exercises it. That idea directly contradicts the emphasis on his allegations of rigging, and also his own allegiance to the sanctity of the constitution.

In either case, then, the more important question is how seriously do Imran and Qadri take their own rhetoric? Civil disobedience and revolution are both concepts that are universal and time-honoured; but as tactics they require intellectual and moral rigour that, in this current political impasse, has been patchy at best. When it comes to tactics, one can be Gandhi or Jinnah. It’s a lot harder to be both.


38

Deadly silent Published on: Sep 20th, 2014 The News

If we were to accept that our criminal justice system is fair, that the conclusion of guilt across three judicial hierarchies means no mistakes were made, then we would also be presuming that Shoaib’s family had sufficient means to secure adequate legal representation, and that the police investigation was impartial and included defence and prosecution witnesses. We would be wrong on all counts. Here is what we do know about Shoaib Sarwar with no uncertainty: he has spent 18 years in jail for a crime that was never properly investigated. He has spent every single day in what we brutally (and officially) call a ‘death cell’ – roughly 8ftx12ft and shared with anywhere between 4-9 grown men. 1996, 1998, 2003, 2006 and 2014, those are the years that mark the most recent milestones in Shoaib’s life. But these are not your regular teenage to mid-twenties milestones like finished secondary school, got into college, got his first job. In 1996, Shoaib was arrested on a charge of murder. Still an innocent man – if we were to foolishly accept that nobody presumes his guilt until proven, as the law requires – Shoaib had already spent two years in jail when a sentence of death, to be hung until his young neck cracks and he breathes his last breath, was pronounced on him. Not trusting the decision of a lower court where death sentences are concerned, Pakistan’s high courts are required to confirm (or not) a sentence of death before it can be enforced, which came after five more years. Another three long years in jail before the Supreme Court also sentenced him to death. But Shoaib still had one glimmer of hope left. Even though he had spent 12 years in jail already, with impending death looming over him for every day of every week of those 12 years, his execution was suspended in 2008 until further notice. We now jump to 2014. The last, but hopefully not final, milestone is Shoaib’s life. It is a regular day in Shoaib’s life of imprisonment and for his family. They pick up the newspaper and learn that, despite the stay of execution that he has been granted, despite the moratorium the government has unnoticeably announced, a warrant calling for his death has been issued and he has less than two weeks to live.

Never made a party to the petition calling for his sentence to be imposed, Shoaib had no idea that the petition had been accepted and was not given the opportunity to present any evidence to save his life. This then begs the question: what excuse does the federation of Pakistan and the government of Punjab has, both parties to this petition, in not providing the necessary evidence related to the stay granted to Shoaib, or the fact that the government has imposed a moratorium on the death penalty across the country? If Shoaib had not been granted last-minute reprieve through a stay of execution by the Lahore High Court, Rawalpindi Bench, would the government have watched on silently as Shoaib was hung by the neck to his death? Official statements have been made by the Ministry of Interior that the moratorium will continue. How is it that no local government institution is aware of the state’s decision? Even today, two days after a stay of Shoaib’s execution was issued, the government remains silent. This is not the first time that this government has let the lives of not just one, but thousands like Shoaib, hang in the balance. Last year when the moratorium was momentarily lifted because of the indecisiveness of the present government, we saw human rights organisations like Justice Project Pakistan scrambling to save the lives of their mentally ill clients who were amongst those soon to be executed, before the government, realising the severe national and international problems it faced, suspended executions. It made the right call. It is now time for the government to be held up to the promises and policy decisions it made one year ago and to be held accountable for its international obligations as a party to international human rights covenants like ICCPR and CAT. A change in democratic governments should not diminish the scope for justice. This change in government whims could mean the loss of approximately 8,500 lives – the number of people on our death row population.


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Legal Directory

GOVERNMENT DEPARTMENTS Advocate General Punjab Lahore Panjab 0092-42-9212351 9212357

Attorney General of Pakistan Lahore Punjab 0092-42-9212315, 0092-51-92144742

Balochistan High Court [email protected] Www.bhc.gov.pk Queatta Balochistan 0092-81-9202077 009281-9202784

DISTRICT & SESSIONS COURT, LAHORE [email protected] Www.lahore.dc.lhc.gov.pk Lower Mall Road, Lahore Lahore Punjab 0092 42 37354487 0092 42 99210131

DISTRICT & SESSIONS COURT, Karachi Www.districtcourtssindh.gos.pk N5, Malir Karachi Sindh 0092-21 34512424

Deputy Attorney General of Pakistan Lahore Punjab 0092-42-9212345

DISTRICT & SESSIONS COURT, Peshawar [email protected] Www.sessionscourtpeshawar.gov.pk Judicial Complex, opposite PC Hotel, Khyber Road Peshawar KP 0092-91-9210099 0092-91-9212419

Federal Shariat Court of Pakistan [email protected] Www.federalshariatcourt.gov.pk Constitution Avenue G 5/2 Islamabad ICT 0092-51-9203091,9205911 0092-51-9203448

High Court Bar Association Peshawar Www.peshawarhighcourt.gov.pk Law, Parliamentary Affairs & Human Rights Department, Civil Secretariat Peshawar KP 0092-91-9210145

High Court Bar Association Karachi Www.sindhhighcourt.gov.pk Near Passport Office Saddar & Sindh Secretariat Karachi 0092-21-5689589, 5689606

High Court Bar Association Lahore Www.lhc.gov.pk Shahra-e-Quaid-e-Azam Lahore Punjab 0092-42-7235724, 7224734

High Court Bar Association Multan Multan Punjab 0092-61-9201195 0092-61-9201194

High Court Bar Association Bahawalpur Bahawalpur Punjab 0092-62-2887126

High Court Bar Association Rawalpindi Rawalpindi Punjab 0092-51-5522715, 5518432

Human Rights Commission of Pakistan [email protected] Www.hrcp-web.org Aiwan-I-Jamhoor, 107-Tipu Block New Garden Town Lahore 0092 42 35838341 0092 42 35883582

Lahore High Court Www.lhc.gov.pk Shahra-e-Quaid-e-Azam Lahore Punjab 0092 42 99212951-66

Law & Parliamentary Affairs of Balochistan [email protected] Www.balochistan.gov.pk Block No: 11, 2nd Floor, Civil Secretariat Zarghon Road Quetta Balochistan 0092-81-9201020 0092-81-9201867

Law Department of KPK [email protected] Www.khyberpakhtunkhwa.gov Law, Parliamentary Affairs & Human Rights Department, Civil Secretariat Peshawar KP 0092-91-9210023 0092-91-9210044

Law, Justice, Parliamentary Affairs of AJK [email protected] Law.ajk.gov.pk Law, Justice, Parliamentary Affairs Department of AJK,NULL Muzaffarabad Regional 0092-5822-921096 0092-5822-920136

Ministry of Defence [email protected] Www.mod.gov.pk Ministry of Defence Islamabad ICT 0092-51-9271107 0092-51-9271113

Ministry of Law & Justice [email protected] Www.molaw.gov.pk Pak Secretariat- S-Block Islamabad ICT 0092-51-9211278 0092-51-9201722

National Accountability Bureau [email protected] Www.nab.gov.pk National Accountability Bureau (NAB) ATTATURK AVENUE G-5/2 Islamabad ICT 0092-51-111-622-622 0092-51-9214502-03

National Database & Registration Authority Info@nadra,gov.pk Www.nadra.gov.pk NADRA State Bank of Pakistan buildingshahrah-i-Jamhuriat, G-5/2 Islamabad ICT 0092-51-111 786 100 0092-51-9205803

National Trust for Population Welfare [email protected] Www.natpow.org.pk House# 358, Street # 37, F11/3 Islamabad ICT 0092-51-9267004-5 0092-51-9217266

Pakistan Bar Council Islamabad Islamabad ICT 0092-51-9206805 0092-51-9206922

Pakistan Bar Council Lahore Lahore Punjab 0092-42-7322773


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UNIVERSITIES AND COLLEGES Azam Chaudhary Law Associates 0 [email protected] www.acla-law.com Azam Chaudhary Law Associates H.No.5, St. No. 9 F-8/3. Islamabad Federal 0092-51-2253310 0092-51-2260634

Frontier Law College Dera Ismail Khan Frontier Law College Dera Ismail Khan KPK 0092-966710339

Frontier Law College, Peshawar, Pakistan . Affiliated with University of Peshawar. [email protected] www.flc.edu.pk Frontier Law College, Building, Pajaggi road, peshawar city Peshawar KPK 0092- 0300 8583625 0092-91 5273511

Luqman College of Law and Sciences [email protected] www.luqmancollegeoflaw.blogspot.com Castle Nawab ,Allah Nawaz Khan North Circular Road, D.I.Khan KPK 0092-91-9280192

National Defence University [email protected] www.ndu.edu.pk Shaheen Chowk, Service Road E-9 Islamabad ICT 0092 51 9262066-8 0092 51 9263479

Pakistan Institute of Pluralism Peace & [email protected] Institute of Pluralism, Peace & Security 199-A, ST. 50, F-10/4, Islamabad ICT 0092-334-5415044

HUMANITARIAN ORGANIZATIONS Action for Peace and Sustainable Development [email protected] www.apsd.org.pk Bangulow no C-18, Prince Town, Phase II, Qasimabad Hyderabad Sindh 0092-334-3713566

AGHS Legal Aid Cell [email protected] www.aghsblog.wordpress.com/contact-us/ 131 E/1 Gulberg III Lahore Punjab 0092-42-5763234 0092-42-5763236

Awareness on Human Rights, Social Development and Action Society [email protected] www.ahsaspk.org AHSAS-PK Office, Flat No. 108, 1st Floor Muzamil Square, Phase-I Shahbaz Town Quetta Balochistan 0092-812-302042 0092-812-302042

Center for Peace and Development [email protected] www.cpdbalochistan.org B-05, Shahbaz Town Phase II Quetta Balochistan 0092-81-2832839

Centre for Peace and Civil Society Sindh [email protected] A-89/11 gulshan-e-Sahar Wadhu wah Qasimabad Hyderabad Sindh 0092-222-106074 0092-222-652401

Centre for Peace and Justice Pakistan [email protected] www.cpjp.org Block no 12, DHA, Gulistan-e-Johar Karachi Sindh 0092-333-7581238

Child Rights Legal Centre [email protected] www.crlc.info House 112, Street 110, G 11/3, Islamabad Federal 0092 51 2221657 0092 51 2221628

Citizen Legal Aid & Complaint Cell [email protected] M-25, Raffi Shopping Mall, Main National Highway Malir Karachi Sindh 0092-21-35443171

Criminologists' Association for Reform and Education [email protected] 84, F.B.Area Block No.8 Karachi Sindh 0092-21-6329898 0092-21-4968510

Female Human Rights Organization [email protected] www.fehroswatpk.org, www.wbcpk.com House No 1448 st#33 G11/2 Islamabad Federal 0092-301-8054181

Fundamental Human Rights & Rural Development Association [email protected] www.fhrrda.org

Global Peace Pioneers [email protected] www.globalpeace.net.pk

Peshawar High Court [email protected] Www.peshawarhighcourt.gov.pk Khyber Road Peshawar KP 0092-91-9210149-58 0092-91-9210170

Punjab Bar Council Lahore Punjab 0092-42-7244127, 7354344

Society For Enforcement of Rule of Law [email protected] Www.serl.pk Society For Enforcement of Rule of Law Office No.17, 2nd Floor, Masco Plaza, 64-W Blue Area. Islamabad ICT 0092-21-2206222 0092-21-2270961

Sindh High Court [email protected], [email protected] Www.sindhhighcourt.gov.pk Near Passport Office Saddar & Sindh Secretariat Karachi Sindh 0092-21 99203151-9 Ext. 280 0092-21 99203221, 99203224

Sindh Bar Council Karachi Sindh 0092-21-5889183

Standing Council Lahore 0092-427231880

Supreme Court of Pakistan [email protected] Www.supremecourt.gov.pk Constitution Avenue Islamabad ICT 0092-51-9220581-9220600 0092-51-9213452

Supreme Court of Pakistan Bar Association Www.supremecourt.gov.pk Constitution Avenue Islamabad ICT 0092-51-9206247 0092-51-9209390, 9214862


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Mashori house ward no 4, Golrachi Taluka Golrachi Badin Sindh 0092-297-725509 0092-297-853401

House #351, Street #15, Sector G-10/2 Islamabad ICT

HUMAN RIGHTS SOCIETY OF PAKISTAN [email protected] Ahmed Arcade, 161-Ferozepur Rd Lahore Punjab 0092-42 37570257 0092-42 37570256

International Human Rights Observer [email protected] www.ihro.org.pk Central Secretariat House No 921, Street No 80, Sector I-8/3 Islamabad Federal 0092-51 443 0150 0092-51- 443 5861

Iqbalian Commission For Human Rights Iqbalian Commission For Human Rights Chember No.211 Zila kachehri. Sialkot Punjab 0092-432-595070

Just Peace Initiatives [email protected] www.justpeaceint.org T-772 Hassan Street, Backside VIP Guest House, Old Bara Road, University Town, Peshawar KPK 0092-5703785 0092-5845571

Justice & Peace Commission [email protected] Justice & Peace Commission Naqshband Colony, ward No 21,House No1027/D-1,G.P.O.Box No 175. Multan Punjab 0092-61-220493 0092-61-220580

Justice & Peace Commission [email protected] Justice & Peace Commission Naqshband Colony, ward No 21,House No1027/D-1,G.P.O.Box No 175. Multan Punjab 0092-61-220493 0092-61-220580

LAWYERS FOR HUMAN RIGHTS & LEGAL AID #702, 7th Floor, Muhammadi HouseI.I. Chundrigar Road Sindh 0092-21 32412978 0092-21 32417262

LAWYERS FOR HUMAN RIGHTS & LEGAL AID #702, 7th Floor, Muhammadi HouseI.I. Chundrigar Road Karachi Sindh 0092-21 32412978 0092-21 32417262

Manangment And Governance Network Society [email protected] www.magnets.org.pk Milatary Road Bi-pass Near Blue line Bus Stop Bashirabad Sukkur Sindh 0092-71-5633832 0092-715633832

National Commission for Justice and Peace [email protected] E-64/A, St #8, Officers Colony Walton Road Punjab 0092-423-6668692 0092-423-6655549

National Commission for Justice and Peace [email protected] E-64/A, St #8, Officers Colony Walton Road Lahore Punjab 0092-423-6668692 0092-423-6655549

Organization for Development and Peace [email protected] www.odpmpk.org House # 1020/B, Street No :2, Naqshband Colony, Khanewal Road Multan Punjab 0092-61-6018513 0092-61-6521694

Organization for Peace and Development [email protected] www.opdpeace.org House # 100, Street # 10, B-Block, Near Stitch Craft Factory, Youhanabad, Feroze Pur Road Lahore Punjab 0092-42-5270207, 0092-42-5027814 0092-42-5270207

Pakistan International Human Rights Organization [email protected] www.pihro.org/contact.php 12-D, 2nd Floor, Rehmat Plaza, Nizam-ud-Din Road , Blue Area Islamabad Federal 0092-51-2828791 0092-51-2872092

Pakistan International Peace and Human Rights Organization [email protected] www.piphro.org P.O Nindo Shaher Badin Sindh 0092-297-745924

Pakistan International Peace and Human Rights Organization [email protected] www.piphro.org P.O Nindo Shaher Badin Sindh 0092-297-745924

Peace & Development Foundation [email protected] 126-F/ A-1, Gulistan Colony,Old Bahawalpur Road, Multan Punjab 0092 345 727 2269

Peace & Development Foundation KPK [email protected] www.pdfpk.org PDF,Offoc Opp.Deans Apparments Old Bara Road Uniersity Town. Peshawar KPK 0092-91-5701424

Peace and Development Forum [email protected] Thall Road near Degree college (M) Hangu City HANGU KPK 0092-925-525670 0092-925-620230

Peace and Development Organization [email protected] www.pado.org.pk House 15 B(4), Old Jamrud Road, University Town, Peshawar NULL KPK 0092-300-5928964

Peace by Youth Sindh [email protected] www.py.org.pk Mangria Colony, Near Old NIC Office, Sheedi Muhallah Jacobabad Sindh 0092-333-3405055 0092-722-654803

Peace Education and Development [email protected] www.pead.org.pk P.O Box 2524 GPO Islamabad ICT 0092-345-5348018

Peace Foundation [email protected] www.peacefoundation-pak.org House No.151, Pak Colony, Umer Kot Raod Mirpurkhas Sindh\0092-233-876239 0092-233-876239

Peace Heart Foundation [email protected] www.phfpak.com P.O Nindo Shaher, Near Abra House Nindo Shaher Badin Sindh 0092-297-738918 0092-297-738918

Peace Social Welfare and Educational Organization [email protected] www.peacengo.webs.com VIP Road ,Lahori Muhallah Larkana NULL Sindh 0092-74-4040035

Peace Through Prosperity [email protected] www.bringptp.com Ho.No.107 St# 49 F11/3 Islamabad ICT 051 8437489

PEACE WorldWide [email protected] www.pww.org.pk PEACE WorldWide P.O Box # 1835, GP Islamabad ICT 0092 51 410 2021

SAHER Arts For Peace And Sustainable Development Balochistan [email protected] Quetta Road Dera AllahYar Jafferabad Balochistan 0092-838-510938 0092-838-510448

Society for Advocacy, Management and Justice [email protected] www.samajorg.page.tl samaj organization near waqar medical Tahsil Road Dera Allah Yar Jaffarabad Balochistan 00923453821043/ 0838510750

Society for Human Rights and Prisoner's Aid [email protected] www.sharp-pakistan.org H # 279-A Nazim-Ud-Din Road, sector F 10/1 Islamabad ICT 0092-51-221-1621 0092-51-221 2773


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Society for Mobilization, Advocacy and Justice Balochistan [email protected] www.smaajpk.org House No: 9 – C Afzal Banglows Sipiny Road Quetta Balochistan 0092-081-2824670 0092-81-2824670

Society for Peace Building Research and Integration of Normative Gender [email protected] www.spring.btck.co.uk SPRING INTERNATIONAL 53 C-III, Gul Mohar Lane, Opposite to UNHCR Office, University Town, Peshawar KPK 0092-345 6789389

Society for the Advancement of Nature, Justice & Health [email protected] Pakistan Public School, Gurmani Town, Tehsil Kot Addu Muzaffargarh Punjab 0092-66-2040598

South Asia Forum for Human Rights – Pakistan D-3/1, Block 7, KDA Scheme 5, Clifton Karachi Sindh 0092-21-35830418

Sustainable Peace and Development Organization [email protected] www.spado.org.pk PADO (Head Office) House No: 277, Street 6, F 10/3 Islamabad Federal 0092-51-2293658,

Youth Commission for Human Rights [email protected] F-6, Capri Center, Firdos Market, Gulberg-3 / House No.122, St.3, Officers Colony, Cavalry Ground, Lahore Cantonment Lahore Punjab 0092-42-5850104


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د�� رٹ �� ا� � ا� � �ہ3 � �� ؟ � �� ط � �ر� اور ��ن‘ آ� �ر �� ۔ � �� رى �ت �ر� � �ر ا� وہ

وا� � ا��ن � �� روں 9 �ف د�� ا��ت � ء1977 �؟ �� و آ� � � وہ �� ف �ن ا�ب �ل۔�� ا�ں � �

�� و �� ر � �داور �� و� ‘وا� � ر� � ‘وا� � ا�� ن �د � �� اس۔ � � �ن �ان آج � � ��ت � �� ا� اور � �� ا� � �د � ��

ا�ز� � � � �� اس۔ د� �ار �� و آ� � � � �� ف � � � ء1977 � ��ا� �ر� �ڑى � � د� �ار �� و آ� � � �� ن �ان آج۔ � ��

� � �� ا� ا� �ء �ل � �ر �۔ � � � � ا� �ء �ل � آر� ا� �اہ ا� � � � �ا�ات � �� روں9 وہ � اور �� ر � �ا�ات � ��ں

۔��د� �� ء �ر� � ا�ں �� اور �� ا�ات � ا�ار � � �

�� ون ��ر ا� � �� ب � � � � �ر� اور � �� ء �ر� وہ � و� � �� ب اور ر� �ہ � �ر � � ��ت �� را� �ل � �ر اس

� �� آ� � � � �� ن �ان اور ا�درى �� ڈا� � �� را� �ل � آر� � �د � � � در�ا� � �� آر� � �از�� ں � � ر�

� �� ادا �دار � �� ج � � � � � � � �ب ا� اور � �� م � �ج � � �ٹ � ا� �� از�� ں دن ا� � � �وع ��

�ا� �� دار � ��ت �� ج � �� م �� و�� اس � � در�ا� � آر � ا� آ� � �ن �ان اور ا�درى �� ڈا� � � � � در�ا�

� � �� وہ � � �أت ا�� ا� � وا�ں ا�� راگ � ��ن اور آ� ‘�ر�۔ �� از�� ں وز�ا� � � و�� آر � ا� آ� اور � �

�ٰ�� ر� �� زش � �ا� �رال � �ج د� ��ت �زع � وزراء و�� وز�ا� اور د� �� م � آ� ا� آ� اور �ج � اب � ��۔ د� دے ا��

۔� �� وا�ں � ‘� �� وا�ں د� � � � � � � �� ا� ا�ام � � آ� ا� آ� � �� ز �۔ � اور ��ن ‘آ� � ا�س �� ر�

�� و آ� � �ن �ان و ا�درى �� ڈا� �ف �م � � ��ں و د�� اور �� ب � �ہ ا� � �� ‘�ا� �� د��ں � وا� ا�� راگ � �ر�

�ن �ڈل �� ۔ �� د� �اب �� د� �ار �� ا�ف �� درج آر آ� ا� � �ر �رى � �� ف � �� ر� �ج ا� �از�� ں � �راً � ��

�ل �4 � ا�ا�ت � د��ں � �ن �ان �ح ا�۔ � � �ں �� اد� د�� ا�� ت دو�ں � �ل �ے � �� ر اس ��ت � � �� د��

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2014, �20

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2014, �20

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2014, �20

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2014, �26

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2014, �24

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وو�ں � �� ا� ا� وہ � � � � � � � اس �؟ � �ح � �� اس � � � ووٹ � � ا�� وو� ا� � �رم � ووٹ

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2014, �24

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2014, �22


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2014, �30

�� ر � �� در�ا� دا� � �ا� � وز�ا� � � � � � � �رٹ ��) ا�ں+ و� �ا� ��ہ( ��ر+ آ�د ا�م

�ن �ڈل ��ر �� ف �� ز �ں �ب وز�ا� اور �� از � ��ا� ا�ق ر� � ا�ف �� ا� �� ۔ ��

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�ق � د� �ار �ا� � �از�� وز�ا� � �د � ا�ام � �ا� �� ر� � �ر �� رٹ ��ر اد�۔ � � �� د�

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2014, �27

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2014, �26 �ث � �اؤ اور �ڑ �ڑ � �ڑ�ں دوران � �ون �ڈل �� رٹ �� ر: ��ر

� ر� ا� �� د� �ار ��م � �ى � � � � �م �

۔� د� دے � � �� م۔�� ى � � � � � �ا� � �ن �� وز آج �� وى � �ز ڈان

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�ن �� ۔� � � � � � � � � � � �و�ں �� ؟�ا� � � � � � � ا� وا� ��

� �� در�ا� � �ا�۔�� ر� اُ� ور� �� ت � � �ث � � اور � � � ا� � � �� د� ر�ر� �

۔�� آ�ہ � �ر ��ى � � ر�� م � د�

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روز�� ڈان

2014, �26

� وى � �ز ڈان۔� �� ر � � �� در�ا� � � دا� � � �ا� � �� از وز�ا� � ��ن آف �رٹ ��: آ�د ا�م

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۔� � دا� در�ا� � � �ا� � �� از وز�ا� � ��ا� ا�ق ر� � � �ر �) آ� � �( ا�ف �� ن اور وز� در�ا�

�را � �� اور �� آر� � آ� وہ �ا �، �� ٹ � ا� � �� ج � �� از وز�ا� � � � � ا�ر ��

وز�ا� � �ا� � در�ا� ��

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روز�� ڈان

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