May, 2014 - Volume: 2, Issue 5 a c IN THIS BULLETIN HIGHLIGHTS: SC commission records statement of Hamid Mir’s brother 2 English News 2-20 Musharraf withdraws two applications on treason act 2 Completion of term: SC board orders release of foreign 3 inmates Humanitarian Intervention’s 21 IHC, LHC dismiss petitions against Geo News 4 Special court reserves judgment over FIA’s investigation 4 report

PHC chief wants interned militants produced for trial 5 a Articles 22-23 c Judiciary can ask parliament to legislate on sectarian 6 a terrorism: IJC c Maps 24 Judiciary put an end to constitutional deviations: CJP 7 LHC quashes contempt of court plea against PM 8 a c a c a It seems PM held consultation and sent advice to 9 c News 25-38 president: SC SHC orders probe into ‘illegal police force’ 9 SC seeks report on court martial of army officers 10 a c Non-appointment of HEC chairman a slap for judicial 11 a Legal Directory 39-41 c system: IHC Musharraf case proves supremacy of : LHC CJ 12 PHC re-directs GHQ to submit inquiry report in 20 days 13 a c a a c c

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NEWS HEADLINES DETAILS

SC commission records KARACHI: Supreme Court’s three member inquiry commission, constituted to probe attack on Geo TV journalist Hamid Mir, recorded statement of Hamid Mir’s brother in its in-camera proceedings at SC statement of Hamid Mir’s Karachi Registry on Tuesday. The commission headed by Justice , which has to brother ascertain facts, identify culprits and fix responsibility for incident, recorded statement of Hamid Mir’s The News 30th April, 2014 brother Amir Mir, who appeared before the court amid tight security. The commission after recording the statement of Amir Mir adjourned the hearing of the proceedings till May 2. It is pertinent to mention that following attack of Geo TV journalist Hamid Mir, Prime Minister requested Chief Justice of Pakistan to constitute judicial inquiry commission to probe the incident. The other members of commission included Justice Ejaz Afzal Khan and Justice Iqbal Hameedur Rehman. The commission shall also make recommendations to avoid such incidents in future. The commission had also publish advertisement in newspaper that any person who is aware of the facts regarding Hamid Mir attack incident could give evidence before the commission and his identity would not be disclosed. Home Secretary, IG Sindh, Additional IG Karachi, DG Rangers Sindh, Joint Director Intelligence Bureau, DIG East, DIG Special Branch, SSP Traffic and other police officers had appeared before the Commission on Monday along with relevant record of the incident and submitted their confidential reports. The commission was briefed by the IG Sindh Iqbal Mehmood about the firing incident on Geo TV journalist Hamid Mir, who was injured in armed attack on April 19 at Shahra-e-Faisal.

Musharraf withdraws two ISLAMABAD: Former president General (retd) on Monday through his counsel withdrew two petitions relating to Section 6-A of the Special Court Act 1976. The Special Court hearing applications on treason act the high treason case will announce on May 8, 2014 its decision on the application filed by former The News 29th April, 2014 president General (retd) Pervez Musharraf seeking copies of inquiry and investigation report, conducted by the Federal Investigation Agency (FIA) regarding the actions taken on November 3, 2007. A three- member special court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali resumed hearing on Monday into the Federation complaint for initiating the high treason case against former president General (retd) Pervez Musharraf for imposing the emergency rule on Nov 3, 2007. The court allowed conditional withdrawal of Criminal Miscellaneous Applications No 14 and 17 of 2014 after counsel for Pervez Musharraf, Farogh Naseem contended that the court’s order that was to be passed on the Criminal Miscellaneous Application No 14, seeking copies of inquiry and investigation report, conducted by the Federal Investigation Agency (FIA) regarding the actions taken on Nov 3, 2007 might have an impact on the right of the accused to move a similar application. “Be that as it may, we allow the withdrawal of the Criminal Miscellaneous Applications No14 and 17 of 2014 with a clear stipulation that in case an application of similar nature is moved by the accused, the court would consider the same on its own merit,” the court announced in its short order. The court ruled that the decision on the Criminal Miscellaneous Applications No12 of 2014 shall be announced on May 8, 2014. Earlier, at the start of the hearing, Farogh Naseem, counsel for Pervez Musharraf, requested the court to announce its reserved decision on their application, seeking copies of the application filed by General (retd) Pervez Musharraf seeking copies of the FIA inquiry and investigation report. He contended that this application was much important and might have an impact on the right of the accused to move a similar application.The learned counsel filed an application seeking conditional withdrawal of CMA No14 and 17 but wanted to submit oral arguments pertaining to their apprehensions. Prosecutor Muhammad Akram Sheikh, however, while objecting to the defence plea submitted that on the one hand, the defence counsel was withdrawing the application and on the other hand, he wanted to submit oral arguments. “This is a new technique, introduced by the defence counsel just to prolong the proceedings,” Akram Sheikh contended.Justice Faisal Arab, while interrupting, asked the prosecutor to let the legal procedure take its course as required under the law. “Once an advocate starts his arguments, let him complete and the court than decide the matter,” Justice Faisal Arab told the prosecutor, adding that nothing was above the law and fair trial. Farogh Naseem told the court that Section 6 (1) (a) was not alive in the Criminal Law Amendment (Special Court) Act 1976.He contended that Section 6 (1) (a) of the Special Court Act- 1976 was amended time to time as the court was to read out the charges to the accused on appearance. He further pointed out that it was defined through the amendment that the Special Court had the same powers as the high courts exercise under provisions of the Criminal Procedure Code.Hence, he submitted that these amendments had been repealed through the federal statute (Revision and Dissolution) Ordinance 1981 so under the current legal position of the Special Court Act 1976, the court lacked powers to hold the trial. The defence counsel requested the court to allow withdrawal of the said applications saying he would advance arguments verbally in the case regarding reservation over the Special Court Act 1976. It is pertinent to mention here that Section 6 (1) relates to the powers and procedure of the Special Court while sub clause (a) states that as soon as the accused appears or are brought before the special court, the formal charges referred to in section 5 shall be read and explained to them, and each one of them shall be asked whether he is guilty. The accused, Pervez Musharraf, was indicted by the Special Court on March 31 after he appeared before the court but he pleaded not guilty to all charges.

Commission starts in- KARACHI: The three-member judicial commission, constituted by the Supreme Court to investigate the murder attempt on Geo News senior anchor Hamid Mir, on Monday initiated in-camera proceedings at camera proceedings in the Karachi Registry of the apex court. Headed by Justice Anwar Zaheer Jamali, the commission, which Hamid Mir case has to ascertain the facts, identify culprits and fix responsibility for the incident, was briefed by senior The News 29th April, 2014 government, police and Rangers officials. The home secretary, IG Sindh, Additional IG Karachi, DG Rangers Sindh, Joint Director Intelligence Bureau, DIG East, DIG Special Branch, SSP Traffic and other police officers appeared before the commission along with the relevant record and submitted their confidential reports on the incident. Statements will be recorded from today (Tuesday). The IGP Sindh,

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Iqbal Mehmood, briefed the commission about the incident.It is pertinent to mention that following the attack on Hamid Mir, Prime Minister Nawaz Sharif had requested the Chief Justice of Pakistan to constitute a judicial commission to probe the incident. The other members of commission are Justice Ejaz Afzal Khan and Justice Iqbal Hameedur Rehman. The commission shall also make recommendations to avoid such incidents in future.

Completion of term: SC LAHORE: The Supreme Court on Saturday ordered to release all those foreign inmates who had completed their jail terms. An SC review board, headed by Justice , heard the case. As board orders release of proceedings started, the officials of the home department produced 46 foreign national inmates, who had foreign inmates been convicted for various crimes including illegal border crossing, smuggling and narcotics smuggling in Express Tribune 27th April, 2014 the country. The officials told the court that the inmates belonged to different countries such as India, and Kenya. They said the prisoners had completed the sentence terms. After hearing the submission of the home department’s officials, the review board ordered the government to release all those foreign national inmates. The board also directed the government to provide basic necessities of life and health services in jail.

Request for restraint: ISLAMABAD: Keeping in view the overuse of the contempt of court power by former chief justice Iftikhar Chaudhry, the Human Rights Commission of Pakistan (HRCP) on Saturday urged the top judiciary that Judiciary urged to use the law should be used sparingly. In its annual report, the HRCP said there is a need to reinforce the contempt law sparingly principal that a judge speaks only through judgments and there is a pressing need to determine the Express Tribune 27th April, 2014 principles and priorities for the use of suo motu powers. “Taking up suo motu or giving attention to cases against the executive must not come at the cost of other pending cases,” it said. Since March 23, 2009, contempt of court proceedings remained dominant in the apex court, as Chaudhry initiated contempt proceedings against judges, politicians, journalists, civil servants and others. The incumbent chief justice, , however, has shown restraint in this regard and has not issued a contempt notice. The commission further recommends that the number of judicial officers needs to be raised without further delay and the court infrastructure strengthened. “Effective steps should be taken to facilitate the litigants by making the administration of justice expeditious, affordable and accessible,” it adds.Giving further comments on the role of the judiciary in 2013, the HRCP says that the top court has continued to win applause for reining in the executive and that the critics of former chief justice Chaudhry say that he kept an eye on tickers on TV channels and newspaper headlines with an obsession for glory. The report reiterates that the blasphemy law is in urgent need of reform to prevent its abuse. The HRCP has also urged the government to maka the Exit Control List (ECL) public and refrain from arbitrarily adding citizens to the list. The report says that since 2009, the authorities have executed only one death row prisoner as there are around 8,000 prisoners on death row in prisons across the country. It is also stated that the courts continued to award capital punishment as 227 people were sentenced to death in 2013.

IHC, LHC dismiss pleas for ISLAMABAD: Justice Riaz Ahmad Khan of the (IHC) here on Friday dismissed the petition of a local journalist, seeking ban on Geo television. The petitioner named the Federation of ban on Geo, Jang Group Pakistan through secretary Ministry of Defence, Pakistan Electronic Media Regulatory Authority (Pemra) The News 26th April, 2014 Mir Ibrahim Rehman, chief executive officer Geo TV, Mir Shakil-ur-Rehman, Amir Mir, Ansar Abbasi, Imtiaz Alam, Najam Sethi, Muneeb Farooq, Idrees Bakhtiar, Umar Cheema, Iftikhar Ahmad, Asma Shirazi and Dr Amir Liaquat as respondents. The petitioner through his counsel adopted before the court that it is necessary for the safety and security of the country that the spy agencies keep working in an efficient way. That the functioning of electronic media is very important due to the fact that most people in this country are illiterate and cannot read newspapers. He said that according to Pemra rules the judiciary and armed forces could not be criticised over television networks.The petitioner alleged that Geo Television has violated Pemra rules while criticising the armed forces of Pakistan after an attack over its anchor person Hamid Mir. He prayed to the court to cancel Geo TV’s licence. The court however dismissed the petition without hearing.Our correspondent from Lahore ads: The (LHC) on Friday dismissed a petition filed by anchorperson Mubashar Lucman for high treason proceedings against the administration of Geo and Jang Group. The judge remarked if the petitioner wanted to initiate proceedings against the respondents under Article 6 of the Constitution, he should approach the federal government because under the relevant law, only the federal government was competent to start treason proceedings. Lucman had also sought cancellation of declaration of the Jang and The News and cancellation of licence of Geo TV for leveling baseless allegations against ‘the most respectful and credible institution of the country’.

Special court reserves ISLAMABAD: The Special Court hearing the high treason case on Friday reserved the decision on the accused Pervez Musharraf’s plea seeking copies of the inquiry and investigation report of the Federal judgment on Musharraf’s Investigation Agency (FIA) regarding the action taken on November 3, 2007. A three-member Special plea seeking FIA inquiry Court, headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali, report resumed hearing in the high treason case against former military dictator General (retd) Pervez Musharaf th for imposing the emergency rule in the country on November 3, 2007. Continuing his arguments in The News 26 April, 2014 rebuttal to the prosecution, Farogh Naseem, counsel for Pervez Musharraf, questioned as to whether the court and prosecution did not want that the instant trial should be conducted in a fair manner, adding that in order to ensure a fair trial, all the material including inquiry and investigation report of the Federal Investigation Agency had to be provided to the accused so that he could plead his case effectively. The learned counsel contended that if all this material was not provided to the accused, then the trial could be restarted. He further submitted that the investigation report of FIA does not fall in the ambit of the Official Secrets Act that could be concealed from the defence. At this, Dr Tariq Hassan from the prosecution side told the court that the investigation report of FIA does fall in the ambit of the Official Secrets Act and that was why it was being kept secret. Justice Faisal Arab, however, observed

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that if the investigation report was secret, it would not have been released to the media.Farogh Naseem further contended that he was not asking the investigation report of FIA only but also seeking the whole record pertaining to the instant case, adding that without these, there would not be a fair trial. He requested the court to issue directives for providing all the record pertaining to the case to the accused so that he could plead the case in an effective manner.Meanwhile, the court reserved the decision on the application and adjourned the hearing till April 28. The court ruled that it would take up other two applications, filed by the accused including seeking the trial of other persons under Article 6 of the Constitution who advised the accused to impose the emergency rule on November 3, 2007.

IHC, LHC dismiss petitions ISLAMABAD/LAHORE- The Islamabad High Court (IHC) and Lahore High Court (LHC) dismissed petitions against Geo News and the channels senior anchors today. The IHC dismissed a petition which against Geo News called for a treason case against Geo News and its senior anchors and the cancelation of the channels The Nation 25th April, 2014 license. The IHC stated that the petition was non-maintainable. The petition called for the federation, PEMRA, Geo management, Ansar Abbasi, Najam Sethi, Idrees Bakhtiar, Muneeb Farooq, Imtiaz Alam, Iftikhar Ahmad, Umar Cheema, Dr. Aamir Liaquat Hussain, Asma Shirazi and Amir Mir to become parties in the case.The petition filed by a local journalist maintained that Geo management, Geo anchors, Amir Mir and private channel anchor Asma Shirazi disgraced the army during a transmission and should be tried for high-treason. The petition also called for the cancellation of Geo’s license. Meanwhile, the LHC also dismissed a petition against the Jang/Geo group filed by the anchor of a private news channel. During proceedings Justice Ejazul Hasan remarked that the petitioner had not read article 6 of the constitution which states that the petition should be submitted to the federal government. The constitution outlines procedures for a treason case, Justice Ejaz remarked. He further said that this court was not the appropriate forum for these charges. Justice Ejaz told the petitioner that he was not an affected party as the allegations had been leveled against the ISI in the case, adding that the Defence Minister and federal government had already taken notice. Justice Ejaz further said that a judicial commission had been formed and its report should be waited for.

Special court reserves ISLAMABAD: The special court on Thursday in treason case against the former military ruler Gen (retd) Pervez Musharraf reserved its judgment related to the handing over of Federal Investigation Agency’s judgment over FIA’s (FIA) investigation report to the defence lawyers while adjourning the hearing until April 28, DawnNews investigation report reported. The three-judge court, headed by Justice Faisal Arab of the , heard the case Dawn 25th April, 2014 pertaining to treason charges against the former president. During the hearing, lawyer of the defence team Barrister Farogh Nasim said that the trial should be fair otherwise it should not take place at all. Nasim in continuation of his arguments demanded that along with the investigation report revealing the outcome of the investigation process, all the documents pertaining to the case should be also provided. The defence lawyer said that a secret act existed in the country but the investigation report did not fall under the domain of the official act to justify the report’s classification. Justice Arab replied that if it were a case of classification then the media would not have broadcast the report. Nasim said that he had given references of the court orders and today would provide their summary. He also questioned the initiation of the trial under Article 6 of the Constitution and said that the process would be challenged. The defence counsel sought not only the investigations report but all documents pertaining to the case. Addressing the court, Nasim also expressed his reservations regarding the safety and preservation of the documents saying that it was common knowledge as to how records were maintained in Pakistan. The court subsequently adjourned the hearing of the case until April 28 while reserving its judgment related to the handing over of the FIA report. Nasim had earlier leveled allegation that the non-provision of the FIA report by the federal government was based on 'malintention.

PHC restrains lower court PESHAWAR: The (PHC) on Thursday restrained the district and sessions judge Peshawar from a final decision on the damages suit of Rs1 billion against Pakistan Tehreek-e-Insaf chief from final decision . A two-member bench comprising Justice Yahya Afridi and Justice Musarrat Hilali admitted The News 25th April, 2014 an appeal against the decision of Peshawar district and sessions judge Shaibar Khan for an early hearing and restrained him from announcement of a final decision in the defamation suit against the Pakistan Tehreek-e-Insaf chairman. On April 1, 2014 the district and sessions judge of Peshawar had turned down Imran Khan’s application seeking dismissal of the defamation suit against him.The Pakistan Tehreek-e-Insaf chief had moved the PHC against the decision. The bench also issued notice to the sacked provincial minister and (QWP) leader Bakht Baidar Khan in the case, asking him to defend his stance at the next hearing.Qazi Muhammad Anwar, legal counsel for the PTI chief, submitted that the subordinate court had erred in the decision as the defamation suit against his client was non-maintainable. He contended that the plaintiff was removed as minister by the provincial chief minister and not by his client and, therefore, the lawsuit was not maintainable. He argued the Pakistan Tehreek-e-Insaf had won election because of its manifesto which was against corruption. He stressed that its government in the province had earlier warned the plaintiff to refrain from irregularities but he continued to do so and was sacked from the cabinet. He said Imran Khan had also levelled several allegations against the plaintiff in his written statement submitted in reply to the lawsuit.

Treason case: Musharraf's ISLAMABAD: Lawyer of former president Pervez Musharraf, Farogh Nasim, requested the Special Court on Thursday to order the government to provide him with the Federal Investigation Agency (FIA) report lawyer requests court to which was the basis of treason case, Express News reported. A three-member bench – headed by order govt to provide FIA Justice Faisal Arab – heard the case today. During the hearing, Nasim reiterated his earlier request to report get access to the FIA report. The prosecution had, however, said such request should not be granted as th it was an attempt to complicate the case. While speaking to the media outside the court, Nasim said that Express Tribune 24 April, 2014 the former president had always argued that all his orders were issued on the advice of then prime minister and parliament. The lawyer said he wants all those documents to prove Musharraf did not act alone and that his moves were sanctioned by then lawmakers. He claimed that prosecutor Akram Sheikh

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had himself said that the case against Musharraf was technically not about treason but taking unconstitutional steps. “Unconstitutional measures are wrong but invoking Article 6 in this case is equally incorrect,” Nasim added. On March 31, Musharraf was formally charged for subverting and circumventing the Constitution by imposing emergency on November 3, 2007. Musharraf had rejected the charges levelled against him

PHC chief wants interned PESHAWAR: The Peshawar High Court (PHC) observed on Wednesday that the government should bring militants in the courts for trial as their years-long captivity at the detention centres without any militants produced for trial charges is unlawful. “The law-enforcing agencies should lodge cases against those involved in militant The News 24th April, 2014 activities languishing in their custody for years. The courts would strictly deal with militants’ cases. No relief would be given to them,” Chief Justice Peshawar High Court Mazhar Alam Miankhel observed while heading a two-member bench in the missing persons’ cases. He argued that detention of citizens for years without any charges was even against the Actions (in Aid of Civil Power) Regulation, 2011 for Fata and Pata for dealing with the militants. The chief justice observed the court had given time to the intelligence agencies during several hearings in the missing persons’ cases to carry out the ground check, but they failed to come up with satisfactory results.Turning down the request of the ministries of interior and defence seeking three weeks time to furnish reply in the missing persons’ cases, the bench observed that this has become a routine matter and is unacceptable. The bench put on notice the secretaries defence and interior in 12 missing persons cases and directed them to appear in person on May 21 to explain as to why the court order were not complied with in these cases. The same bench consisting of the chief justice and Justice Ikramullah Khan also issued non-bailable arrest warrant for the station house officer (SHO) Sarband Police Station, Safdar Khan, for non-compliance with the court orders to submit reply on affidavit in the case of a missing person. The bench issued show-cause notice to the SHO asking him to appear in the court. “Why not your case should be referred to the provincial police chief for departmental action for ignoring the court’s order,” the notice read.At the previous hearing, the court had directed the SHO concerned to submit reply on affidavit regarding his ignorance about the whereabouts of the missing person Jehangir Khan, but he remained absent from court. The station house officer (SHO) later attended the court, but the bench maintained its order against him.

Court summons SHO for MANSEHRA: Additional District and Sessions Judge Munawar Khan has summoned the station house officer (SHO) of City Police Station to appear on April 26 after the president of Mansehra Press Club non-registration of case moved the court seeking the registration of a case against the district police officer (DPO). Lawyer Waqar The News 22nd April, 2014 Ahmad Khan submitted the application in the court on behalf of Shahzad Jahangiri, president of Mansehra Press Club, demanding registration of the first information report (FIR) against District Police Officer (DPO) Khurram Rashid. Shahzad Jahangiri stated in the application that the DPO Mansehra had personal vendetta against him. He alleged the police officer in question raided his office through his personal police squad and the raiding cops took away Rs150, 000 in cash, a digital camera and a cellphone. He said the DPO had developed personal enmity with the local journalists when they demanded the registration of FIR against him after secretary general of Mansehra Press Club Ibrar Tanoli was gunned down. “The DPO had withdrawn security from Ibrar Tanoli. We had asked him time and again to provide him security but to an avail. Ibrar Tanoli was killed in broad daylight on March 2,” he added. Shahzad Jahangiri stated that he had visited the City Police Station for the registration of the FIR against the DPO after the police raided his office earlier this week, but the cops turned down his application by saying they couldn’t register the case against their boss. He added that before registration of the FIR against him, another local journalist Ikram Qureshi was also arrested in a fake case and the police severely tortured him for the whole night on the orders of the DPO Mansehra. The city police had registered an FIR against Shahzad Jahangiri on the written complaint of a police constable Raja Sajid who had alleged that the journalist attacked a police party and broke his arm.

CJP names 3 judges for KARACHI: On the the request of the government, Chief Justice of Pakistan (CJP) Justice Tassaduq Hussain Jillani has forwarded the names of three sitting Supreme Court judges to the Ministry of Law for judicial commission to probe the formation of the judicial commission to probe the armed attack on senior journalist Hamid Mir in Hamid Mir attack Karachi, as prime minister Nawaz Sharif paid a visit to the still recovering television anchor. Supreme Express Tribune 21st April, 2014 Court registrar Tahir Shahbaz, while speaking to The Express Tribune, confirmed the above. The three judges are Justice Anwar Zaheer Jamali, Justice Ejaz Afzal Khan and Justice Iqbal Hameedur Rehman. The Interior Ministry on Sunday submitted a letter to the CJP, seeking the names of three Supreme Court judges to constitute the commission, including one judge who will be the president of the commission. The request directed the commission to submit a report “within 21 days”. Nawaz’s visit Earlier in the day, the Prime Minister payed a visit to journalist and TV anchor Hamid Mir to inquire about is health. Speaking to the media after the visit, Prime Minister Nawaz Sharif said that the government is making an all-out effort to deal with the issue of terrorism and restore peace in the country,Radio Pakistan reported. The prime minister vowed to bring the culprits involved in the attack on Hamid Mir to justice, adding that a judicial inquiry had already been ordered to unmask the perpetrators. He condemned the attack. Senate resolution: The Senate on Monday unanimously passed a resolution condemning the attack on Hamid Mir, expressing great concern over attacks on media persons and media houses, and demanded the government to take appropriate measures for the protection of journalists. Speaking on different points of orders during ‘Zero Hour’, the members urged the government that the report of the judicial commission being constituted to probe the incident must be made public and presented before the House. Earlier, the journalists covering the proceedings of the Senate staged a walkout from the press gallery as a protest against the attack on Hamid Mir. Leader of the House Raja Zafarul Haq and leader of the opposition held a meeting with the protesting journalists and convinced them to end their boycott after assurance of protection of their rights. A five-member committee of the House was constituted to address

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the grievances of journalists. Hamid Mir’s condition stable: Pakistani journalist and TV anchor Hamid Mir, who was shot three times in an attack in Karachi, is conscious and in stable condition, the hospital said Monday. The government has announced a special commission to investigate the attack and offered a $100,000 reward for information leading to the arrest of those responsible. A spokesperson for Aga Khan University Hospital said Mir was “conscious and stable”. The shooting came less than a month after gunmen tried to murder another journalist, Raza Rumi, who is known for criticising the Taliban. Mir has survived previous attempts on his life including a bomb under his car last year which police defused before it could go off. He has long been a critic of the country’s powerful intelligence agencies and military for their alleged role in the abduction of thousands of people in the restive southwestern province of Balochistan. Imran Aslam, the president of Geo, said Mir himself would lodge the official police complaint about the attack as soon as he is able. “We are waiting for Hamid’s early recovery so that he could himself lodge the FIR,” Aslam told AFP. He said Mir’s condition was stable but he was “not in a position to lodge the FIR”. “Let’s hope he gets better and back to work with renewed vigour.” Last month Pakistan announced it would set up a special commission to protect journalists and would include press freedom as part of peace talks with the Taliban. Rights groups have called Pakistan one of the world’s most dangerous countries for journalists. Media watchdog Reporters Without Borders says seven reporters lost their lives in Pakistan last year.

Judiciary can ask parliament ISLAMABAD: Emphasising effective legislation to overcome sectarian terrorism in Pakistan, the participants of the two-day International Judicial Conference (IJC) 2014 on Saturday opined that to legislate on sectarian implementing the Constitution and the law was not only the responsibility of judges and lawyers, but also terrorism: IJC of all state institution and citizens. The two-day conference concluded here with the adoption of the The News 20th April, 2014 ‘Islamabad Declaration’ through several recommendations. Stressing the need for promotion of equality, accommodation and restraint in society, Scottish judge Sheriff Tom Will said incidents of sectarian terrorism in Pakistan were a source of concern and the judiciary could ask parliament to make proper legislation in this regard. During the concluding session of the conference, Chief Justice Tassaduq Hussain Jillani announced the declaration, prepared by four groups, and declared that in respect of the judicial review of administrative actions, the judiciary not only in Pakistan, but also all over the world, strives to establish ‘constitutionalism’ by exercising the power of judicial review. It was declared that this places a rational limit on the decisions and actions of other organs of the state and this spirit must be maintained and kept alive. The document further stated that the power of judicial review may be exercised to preserve the Constitution as a living and organic text by recognising and enforcing emerging contemporary human rights such as the right to health, food, shelter and other amenities of life. The declaration added that the power of judicial review may also be exercised for the eradication of rent seeking behaviour and encouragement of the FDI and other economic activities within the country. “To complement the exercise of the power of judicial review by the superior courts, the district judiciary and other judicial forums may also be strengthened so that people have access to justice on their doorstep,” the declaration added. It maintained that exercise of suo-moto jurisdiction by the Supreme Court of Pakistan may be duly structured and regulated by the court and the principle of tri-chotomy of powers enshrined in the Constitution be respected so that the exercise of judicial powers neither hampers nor stunts the executive policies. “Finally, the sanctity of the people’s trust in the legislature to legislate must be kept in mind while seeking judicial review of legislative instruments,” the declaration concluded. Chief Justice Jillani also declared that the subject of role of judiciary in protecting human rights, the superior courts may not exercise a roving and supervisory role to ensure fundamental rights are complied with. He declared that the superior courts shall exercise their jurisdiction in such a way that they are not overburdened with civil and political claims. Accordingly, the subordinate judiciary may also play a pivotal role in safeguarding the fundamental rights of citizens, he said, adding that it is suggested that the judiciary must ensure access of speedy justice and abridge the lengthy legal procedures and hurdles faced by litigants. He said it is further suggested that a court of sessions be designated as a human rights court for a particular district. It is recommended that legal aid facilities may also be made available to the marginalized sections of society. “It is further recommended that social, cultural and economic rights should be identified as inalienable to help foster social justice. It is also recommended that the legislature should identify structural issues resulting from social and economic disparities which pose an obstacle to the fulfillment of constitutionally guaranteed fundamental rights,” the CJ said. He said it is also recommended that the judiciary should remain conversant with human rights challenges being raised and addressed all over the world. It is strongly recommended that the right of fair trial and due process of law be guaranteed. While pointing out other group on the subject of Access to Justice in the Context of Constitutional Requirements, the chief justice declared that an empirical study in order to examine the causes of maladministration in various jurisdictions of Pakistan’s judicial system be conducted. “This study should focus on identifying the primary causes of delay; means of supplementing human resource and infrastructural capacity of courts; current public perception of fairness of the judicial process; ideal service structure for judges and court staff; litigant’s ability to pay for litigation costs; sufficiency of the powers of the district judiciary for the purpose of providing proper/effective oversight of executive authorities as well as legislative, judicial and administrative measures which may be taken to provide greater access to justice to the citizens of the country,” the chief justice added. He further said that by following such study, suitable changes to the rules and culture of the Bar may be introduced in order to ensure that legal aid is provided to deserving litigants. While letting the participants know over recommendations on the subject of “Role of the judiciary in the promotion of a culture of tolerance”, the chief justice said it is imperative that courts must promote tolerance and be sensitive to the social, ethnic, racial and gender background of the parties and demonstrate empathy towards these considerations. He maintained that dedicated people who share a strong commitment to the dispensation of justice be appointed as judges and suggested that judicial training be imparted to judicial officers to sensitize them

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to the biases and prejudices plaguing the society. “Finally, it is recommended that rights for protection of minorities must be effectively and meaningfully enforced,” the chief justice said.

Judiciary put an end to ISLAMABAD - Chief Justice of Pakistan Justice Tasadduq Hussain Jillani Friday said judiciary has put an end to constitutional deviations and upheld rule of law. Addressing the inaugural session of two-day constitutional deviations: International Judicial Conference, he said judiciary has created awareness among people about values CJP of democracy. He said the judiciary has also created awareness among people about the true meaning The Nation 19th April, 2014 of fundamental rights. Justice Jillani pointed out that the judiciary was performing its duties while upholding the respect and independence of other pillars of state. He said the Supreme Court was exercising its power of judicial review of administrative actions to safeguard rights of individuals against excesses of the executive. The chief justice said good governance was possible if every organ and institution of the state including the courts, function within the parameters of the Constitution. He welcomed foreign delegates and hoped that deliberations would help address a number of legal issues. He said the International Judicial Conference, which now has become almost a regular feature, primarily served three key purposes, which were crucial to the proper administration of justice in the country and it provided an invaluable platform to lawyers and judges for the sharing of ideas across different aspects of the law. He said that IJC promotes communication and understanding between the bench and the bar and indeed throughout the legal community in a comfortable and congenial environment away from the adversarial norm of the courts. He said it also allowed for the generation of new ideas and approaches to tackle the myriad legal issues that are faced not only in country today but are also relevant to nations throughout the world. Justice Jillani said that the Supreme Court was proud to spearhead and support this initiative with the support of the Law and Justice Commission of Pakistan, and "we hope that each one of you will participate fully to take advantage of the tremendous and manifold opportunities that an event such as this has on offer." I would also like to take this opportunity to underscore the fact that it was the collective determination and effort of the superior judiciary in the post-2007 period that transformed this court from a formal constitutional court to a Supreme Court with a human rights face." In this avatar, the Supreme Court has time and again affirmed that the essence of constitutional interpretation is, and has to be, the betterment of the people whilst still remaining within the bounds of the law." He said this resolve of the Supreme Court was also reflected in official court anthem, 'Justice for All' which "I had the honour of penning on eve of the first International Judicial Conference held in 2006 and which was presented before you by the chorus of young children a short while earlier".He said that the insight and greater wisdom gained by the judiciary in the post-2007 period, which continued to inform its actions and decisions to date has facets that mere formal constitutional legitimacy based on constitutional textual protections cannot protect judicial independence and power and it is, in fact legitimacy of the Supreme Court in the eyes of the public as the guardian of the values of justice that guarantees its true independence and sustained prestige. He said the Supreme Court was not merely mandated by the Constitution, but in fact, bound by the spirit of its office, to exercise its independence in order to provide a much necessary check on the actions of the legislature and the executive. "We are proud to state that the Supreme Court is now fulfilling this role with an appropriate zeal and enthusiasm but not without regard to the importance of upholding and respecting the independence of the other pillars of the State and the authority of the Supreme Court, especially under its judicial review jurisdiction may be usefully extended to a number of areas from which the Supreme Court had historically maintained a distance." "In accordance with this realization the Supreme Court has increasingly exercised its power of judicial review of administrative actions to safeguard the rights of individuals against excesses of the executive rather than to bow down to the will of the executive", he said.

Legalised: SC rejects plea ISLAMABAD: The Supreme Court on Friday rejected two petitions, including that of Pakistan Tehreek-i- Insaf (PTI) Chairman Imran Khan, against the appointment of Qamar Zaman Chaudhry as chairman of against NAB chairman’s the National Accountability Bureau (NAB). Two NAB chairmen – Justice (retd) Deedar Hussain Shah appointment and Admiral (retd) Fasih Bukhari – were sacked by the top court during former chief justice Iftikhar Express Tribune 19th April, 2014 Chaudhry’s tenure. Then leader of opposition Chaudhry Nisar Ali Khan had challenged their appointments. On October 29, 2013, the PTI chief moved a petition through his counsel Hamid Khan underArticle 184(3) of the Constitution against the incumbent NAB chairman’s appointment, saying that it is the result of a ‘muk muka’ (understanding) between the PPP and PML-N. A three-judge bench of the apex court, headed by Justice Nasirul Mulk, took up the matter and dismissed the petitions of Imran and Mahmood Akhtar Naqvi after hearing arguments for three days. Imran contended that Qamar Zaman Chaudhry’s appointment is illegal and without justification against the provision of Section 6 of the NAB Ordinance 1999 and the consultation over that slot was mala fide; a fraud upon the law and Constitution. Imran further submitted that the consensus ought to have been among all opposition parties in parliament as there is a strong public perception that the appointment of the incumbent chairman of NAB was the result of complicity between these two parties. He pointed out that a person could not be appointed chairman unless he was a retired federal government officer in BPS-22 of equivalent. The petition also pointed out that it was a matter of record that contempt proceedings were pending against the bureau’s chairman and a show-cause notice was issued to him by the apex court. “Propriety demanded that name of such a person should have not even been considered at all because his conduct was not above-board, as he by his conduct has shown that he has no respect for the rule of law and the judiciary.” Meanwhile, leader of the opposition in the National Assembly Syed Khursheed Shah moved an application to become party to the case against the appointment of the incumbent NAB chairman. He rejected the petitioner’s stance and stated that all opposition parties, including PTI, was consulted before the appointment was made despite no constitutional or legal requirement to do so. Aitzaz Ahsan, counsel for the opposition leader, strongly defended the appointment of the NAB chairman. Aitzaz pleaded that it was wrong that the name of a civil servant could not be considered for the office of NAB chairman before his/her retirement, as there was no bar in law. Qamar Zaman was appointed NAB chairman after his retirement, he added. Regarding the appointment of chairman NAB, he said the prime minister has two

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roles; first as a consultant, under Section 6 of the National Accountability Ordinance (NAO) 1999; second, to advise the president under Article 48 of the Constitution. He contended that the president is bound to act upon the advice of the prime minister after the passage of the 18th Amendment. He also raised questions over the court’s jurisdiction to entertain petitions under Article 184 as it restricts one’s right to appeal. Justice Amir Hani Muslim said that the Constitution has given this right to the court. “If there is any review petition, it should be turned into an appeal. I had given this proposal to former chief justice also,” Aitzaz said. He added that Imran should legislate if he had objections to the process of appointment of NAB chairman. At the end, Khawaja Haris argued on behalf of the government and defended the appointment.

LHC quashes contempt of LAHORE: Lahore High Court (LHC) on Friday dismissed a contempt of court petition against the prime minister on grounds of immunity under Article 248 of the Constitution. A citizen named Syed Iqtidar court plea against PM Haider filed an application with the LHC contending that Pakistan gained independence on Ramazan 27, Dawn 18th April, 2014 adding that that should be celebrated as the official Independence Day instead of August 14. In this regard, the court had directed the premier on Dec 5, 2012 to meet the citizen to assuage his complain. However, the petitioner said he could not meet the premier despite making several visits to the Prime Minister House. Later in Feb 2014, the petitioner again submitted a plea to the LHC following which the court once again ruled that the premier should meet the citizen and that addressing such a complaint was part of his domain. Despite two court orders and several visits, the applicant could not hold a meeting with the premier on the matter. Haider then submitted another application with the LHC stating that the prime minister had disregarded the court’s orders and contempt of court proceedings should be initiated against him. During today’s hearing of the petition, the court rejected the plea stating that the prime minister enjoyed constitutional immunity under Article 248. The ruling comes despite the fact that in recent years, the country has seen a prime minister being disqualified on contempt of court charges.The Supreme Court had declared Yousuf Raza Gilani guilty for committing contempt of court on April 26, 2012.

SC declares appointment of ISLAMABAD: The Supreme Court Friday declared the appointment of Qamar Zaman Chaudhry as Chairman National Accountability Bureau (NAB) as legal. A three-member bench of the apex court, NAB chief legal headed by Justice Nasirul Mulk disposed of a petition, filed by Pakistan Tehreek-i-Insaf (PTI) chief Imran Dawn 18th April, 2014 Khan against appointment of Chaudhry as chairman NAB. During the course of proceeding, Barrister Aitzaz Ahsan, counsel for Leader of the Opposition in the National Assembly, apprised that the petition against appointment of Major (retd) Chaudhry Qamar Zaman as chairman of the anti-graft body, was inadmissible.The Supreme Court had allowed the (PPP) to become party in the case last month. After getting a clean chit from the bureau on an inquiry into the Rs6 billion National Insurance Company (NICL) scam case for his alleged involvement, Qamar Zaman Chaudhry was reinstated as the chairman of Pakistan’s top anti-corruption watchdog in December last year. Aitzaz Ahsan said that Imran Khan filed the petition in personal capacity and not as a political leader and Qamar Zaman was appointed with the consent of the government and the opposition. Leader of the Opposition in the National Assembly Syed Khrusheed Ahmed Shah had agreed to the name of Zaman as the chairman of NAB, Ahsan added. He said that the was bound to act on the advice of the Prime Minister after the 18th Constitutional Amendment. Advocate Khawaja Haris, amicus curiae, informed the court that consultation between the Prime Minister and the leader of the opposition is mandatory for the appointment of chairman NAB under NAB's . The court asked about the selection process of leader of the opposition in the lower house of Parliament, on which Aitzaz Ahsan replied that leader of the opposition was the one who enjoyed support of maximum opposition members in the house. The court after hearing arguments termed the appointment of Chairman NAB legal, and disposed of the petition.

HC sets aside termination of ISLAMABAD: Justice Noorul Haq N Qureshi of the Islamabad High Court (IHC) here Thursday suspended the termination notification of a member scrutiny committee PCB Arbab Altaf Hussain and PCB official issued notices to the PCB. The petitioner Arbab Altaf Hussain while naming the federation of Pakistan, The News 18th April, 2014 through secretary sports board, patron in chief PCB, ministry of inter provincial coordination (IPC), PCB through its chairman Interim Management Committee (IMC), Najam Aziz Sethi and members of IMC as respondents adopted before the court that he was politically victimised. He said he was appointed as PCB member scrutiny committee on January 22, 2014 and was removed from service on March 28, 2014 without lawful authority and against the principles of natural justice as no one could be condemned unheard. The petitioner told the court that he has rendered services in WAPDA cricket sports for more than 25 years and based on his experience he was selected for the said post.He alleged that the termination notice is discriminatory and it has been issued as a result of political victimisation. The petitioner has also challenged the federal government’s notification dissolving the PCB governing board and appointing Najam Sethi as chairman IMC.The petitioner prayed to the court to set aside his termination orders and also declare illegal the February 10, 2014 notification and appointment of IMC and its chairman. The court issuing the above order put off hearing with short date

PHC orders federal, PESHAWAR: The Peshawar High Court (PHC) on Thursday directed the federal and provincial governments to submit separate lists of the missing persons, including a list regarding deaths, in the provincial govts to submit custody of law-enforcing agencies. A two-member bench comprising Chief Justice Mazhar Alam separate lists of missing Miankhel and Justice Malik Manzoor Hussain directed the federal government through ministries of persons defence and interior and the government through secretary Home and Tribal th Affairs Department to submit separate lists of missing persons, including those interned at the internment The News 18 April, 2014 centres, those charged in criminal cases, list of those released by the law-enforcing agencies and those who died a natural death and in extrajudicial killings as the court would pass appropriate orders on these cases. The chief justice observed that there were cases of missing persons pending in the court [who

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have been] killed in extrajudicial killings. The bench issued the directives after the ministries concerned and the provincial government failed to submit the progress report in 301 missing persons cases. The bench also asked the law-officers to submit the progress report of detained missing persons’ cases in the internment centres prepared by the oversight board. It said the court wanted to know when the missing persons were shifted to these centres and for how long they had been in custody. It seems PM held ISLAMABAD: The Supreme Court (SC) observed on Thursday it appeared the prime minister held consulatation on his own and sent advice to the president on the appointment of the National consultation and sent advice Accountability Bureau (NAB) chairman. A three-member bench of the apex court, headed by Justice to president: SC Nasirul Mulk heard Pakistan Tehreek-i-Insaaf (PTI) Chairman Imran Khan’s petition, challenging the The News 18th April, 2014 appointment of Qamar Zaman as the NAB chairman. Concluding his arguments, Hamid Khan, counsel for Imran Khan, submitted before the court when Qamar Zaman Chaudhry was a government servant, the government started consultation for his appointment as the NAB chairman, which was unconstitutional. He contended that as per the law, the president is a competent authority to start consultation process for the appointment of NAB chairman but here an opposite method was adopted and the prime minister held consultation. Hamid Khan submitted that the NAB chairman could not render his functions independently as the head of the anti-graft body as he would be under direct influence of the government and would take instructions. Chaudhry Aitzaz Ahsan, the counsel for opposition leader in the National Assembly Syed Khursheed Shah, however, submitted when Qamar Zaman Chaudhry was appointed as the NAB chairman, he was a retired person, hence there was no bar on a retired person to be appointed as the NAB chairman. Aitzaz Ahsan contended that the government of Khyber Pukhtunkhwa where the PTI is in power had appointed Azmat Hanif Orakzai as chief commissioner of the Khyber Pukhtunkhwa Right to Public Service Commission from the date of his entering upon the office. He said that Azmat Hanif Orakzai would get premature retirement before joining the Public Service Commission as Chief Commissioner. Aitzaz said that Hamid Khan’s party, PTI, had set this example and why he was opposing the appointment of NAB chairman. Moreover, Aitzaz contended that the Supreme Court in one of its decisions had issued contempt of court notices to Qamar Zaman Chaudhry and Abdur Rauf Chaudhry, however on a direction of the Supreme Court, Adbur Rauf Chaudhry was appointed as Federal Selection Commission for Public Sector chairman. The court asked Aitzaz as to whether such order was given by the court. Aitzaz replied that he was appointed as chairman after a court decision and a report in this regard had been submitted in the court.At this, the court directed that report pertaining to the appointment of Abdur Rauf as chairman be submitted before it. Aitzaz Ahsen said that the prime minister’s consultation with the opposition leader was right pertaining to the appointment of NAB chairman. The learned counsel referring to the petitioner’s counsel plea that PTI chairman should have also been consulted over the issue submitted that consultation with the third party on the issue could not be made as he said that in Sindh High Court Bar case, the Supreme Court had declared the appointment of those judges as unconstitutional who were appointed in consultation with former Chief Justice . Therefore, Aitzaz submitted if consultation was made with PTI chairman, the appointment of NAB chairman could have been declared illegal and unconstitutional. SHC orders probe into KARACHI: The Sindh High Court (SHC) directed Karachi’s police chief on Wednesday to conduct an inquiry into allegations that suspended Mochko SHO Shafiq Tanoli was running a parallel and illegal ‘illegal police force’ police force in the city. The direction came during a hearing on identical petitions of citizens, who The News 17th April, 2014 accused Tanoli of illegally detaining their relatives and releasing them after receiving bribes. One of the petitioners, Kifayatullah, submitted that Tanoli and other police personnel raided his and his relatives’ houses in Masroor Colony and whisked away 12 people on February 19. His counsel informed the court that the suspended police officer released Ghulamullah, Rafiullah, Saeedur Rehman, Aftab and Khawaja Alam after receiving a bribe of Rs550, 000, while Saeed, Fareedullah, Balam Khan, Humayon, Saeed, Umer Farooq and Meraj were still in his custody. Tanoli was also accused of detaining a man and his two sons unlawfully and torturing them before releasing them. The third detainee was released after a court officer raided the Anti-Violent Crime Cell in Garden and submitted a report declaring him innocent. The counsel alleged that Tanoli had his own private force, which kept people in illegal detention for bribes. He further charged that despite being suspected, Tanoli was working as SHO of the Mochko and Mauripur police stations. A man who was also kept in unlawful confinement alleged that the suspended SHO released him after taking his two houses in Musharaf Colony. A division bench, headed by Justice Sajjad Ali Shah, took notice of the complaints, and told the city police chief to conduct an inquiry under his personal supervision through an honest police officer. The court directed that the SHOs of Maripur and Mochko should also be questioned along with their SSPs. It directed Additional IG Legal Ali Sher Jakhrani to either assign a police officer of his confidence or personally inspect the two Musharaf Colony houses to ascertain whether they had been transferred to some other person. Hayat was told to submit a report by May 6. Missing persons: Case ISLAMABAD: The Supreme Court heard on Wednesday that owing to an overlap of jurisdiction, the Khyber-Pakhtunkhwa administration had closed a case against army officials allegedly involved in the against army officer illegal removal of 35 undeclared inmates from an internment centre in Malakand two years ago, before transferred to military transferring it to relevant military authorities for prosecution. Deputy Attorney General (DAG) for Pakistan authorities, SC told Waqas Dar submitted the defence ministry’s one page report before the three judge bench of the apex th court, headed by Justice Jawwad S Khawaja, stating that the case has been shifted to army authorities Express Tribune 16 April, 2014 for further investigation and subsequent trail under the Pakistan Army Act of 1952. The defence minister had on March 21 lodged an FIR, under Section 346, against army officials including Naib Subedar Amanullah Baig for allegedly removing 35 undeclared inmates from an internment centre in Malakand. The defence ministry in its report stated that “the person accused in the 35 missing persons case is a serving Army personnel and is subject to Pakistan Army Act 1952, therefore, being a case of concurrent jurisdiction, the competent military authority under section 94 of Pakistan Army Act, section 549 of the criminal procedure code and rule cognizance of the said case and decided that accused person’s case be dealt with under Pakistan Army Act” The DCO Malakand was then reportedly approached to close the

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criminal case registered against Naib Subedar Baig and other officers. Subsequently, the DCO closed the matter in Levy Post Malakand and transferred it to the relevant army authorities for investigation and subsequent trail under Pakistan Army Act 1952. The report further stated that an inquiry has already been ordered on March 10, 2014 to determine the facts in the case, adding that action will be taken against the accused based on that investigation and progress will be communicated for the police record under Rule 374 of the Army Regulations. Earlier, during the hearing, Additional Advocate General K-P requested the bench to give sometime for filing a comprehensive reply regarding the trail of accused officials in view of defence minister’s FIR. On learning that the case has been transferred, the bench asked the AAG of his stance. “What is your stance now and whether it is not the prerogative of civilian authority to accept the army’s request or not”, Justice Jawwad asked. When the DAG submitted that army has made a request through proper channel, Justice Jawwad expressed his annoyance over it and asked why the military authorities’ request was accepted by DCO Malakand. The court further said they will ask the AGP to assist in this matter. The bench, while adjourning the hearing for a week, said in the event law does not permit transferring the case to the military, they will deliver a judgment in this regard.

SC seeks report on court ISLAMABAD: The Supreme Court (SC) on Tuesday sought a report from the Ministry of Defence on the proceedings being initiated against military officers under the Army Act for their involvement in enforced martial of army officers disappearances. The court summoned by May 6 the DNA test report from the Punjab government The News 16th April, 2014 forensic laboratory of the bodies recovered from the Khuzdar mass grave.Justice Nasirul Mulk remarked: “Why is a long period of time being spent on the DNA tests of the bodies? Maintaining law and order in the province is the legal and constitutional obligation of the state. The occurrence of such incidents daily is alarming and these cannot be overlooked. We cannot see the chaos in Balochistan. The elements involved in enforced disappearances should be punished as per the law.” Justice Anwar Zaheer Jamali remarked: “The recovery of bodies from mass graves is a matter of grave concern. The problems will not be solved unless the rule of law and Constitution prevails in the country. Balochistan is burning and no one cares for it.” A two-member SC bench, led by Justice Nasirul Mulk, took up the Balochistan violence case for hearing on Tuesday.The court was told that the government had decided to try under the Army Act the FC and army officers found involved in enforced disappearances in Balochistan. The court inquired what action had been taken so far. “Details in this regard be presented before us,” the court remarked.The report on the recovery of bodies from mass graves in Khuzdar was presented before the court wherein it was said that the DNA test could take four to five months as 7 to 8 weeks were required for DNA test of one body. The court showed its annoyance and asked why such a long period was needed for the purpose. “Present the DNA test report by May 6 and the court be apprised about the army officers who are being tried under the Army Act.”The court adjourned the hearing till May 6. Musharraf asks court to also ISLAMABAD: Former military dictator Pervez Musharraf’s counsel Barrister Farogh Naseem on Tuesday requested the Special Court to also try the associates of his client for assisting him in declaring the state try his associates of emergency on November 3, 2007. The three-member Special Court, headed by Justice Faisal Arab The News 16th April, 2014 and comprising Justice Tahira Safdar and Justice Yawar, resumed hearing into the Federation’s complaint for initiating the treason case against Musharraf for abrogating the Constitution and declaring the state of emergency in the country on Nov 3, 2007. Justice Faisal Arab told the defence counsels that the court could not open all the cases of abrogation of the Constitution since 1956, as its mandate was limited to hearing the instant case. The remarks came when Musharraf’s defence counsel Dr. Farogh Naseem argued that in terms of international jurisprudence, there could be no selective prosecution of Musharraf and quoted Article 12(2) of the Constitution requiring a trial under Article 6 with effect from 23.3.1956. Dr Naseem said the reference had been made in passing for the purposes of the main case and for the time being for the purpose of arguments on the application seeking the disclosure of FIA report Article 12(2) was not relevant and therefore this question should be kept open. He also requested the courtto take up application (No. 12 of 2014) in which a request had been made for the disclosure and supply of copies of inquiries/investigation report of the FIA, which was the foundational basis of the complaint itself. He said vide order dated March 7. 2014 the court had clearly held that as and when evidence on material was brought on record that the accused was aided, abetted and collaborated by others, it would decide the issue in that regard. He said in order to bring such evidence on record, the first step was to require the prosecution to file the FIA report, which clearly contained a dissenting note by one Hussain Asghar that Musharraf alone should not be tried and that his aides and abettors should also be made co-accused. The defense counsel contended that in the proclamation of emergency the prime minister, all governors and members of the military leadership were disclosed to be the consultees.He submitted that the proclamation of emergency was a public document, duly gazetted and published in the law reports, in view whereof, as per the Qanun-e-Shahadat a presumption of truth of contents of the said gazette was in the field. Therefore, he said the accused had sufficiently discharged the tactical or prima facie burden of proof and the ultimate or legal burden to disprove the same now rested upon the prosecution. “In terms of the mandate of the court order of March 7, 2014, sufficient material was now on record for the court to pass orders implicating the co-accused,” Farogh Naseem said.The defense counsel further contended that there had been violation of Article 265 © of CrPC that relates to supply of documents to the accused. He cited case wherein it was stressed in the interest of justice. Prosecutor Akram Sheikh however submitted that the law does not require him to disclose the FIA’s report and therefore he would not disclose the same to the accused unless otherwise directed by the court. “I cannot hand a Kalashnikov and a hand grenade and your lordship has to order me in this regard and I will hand it over to the court”, Sheikh contended. He recalled that the court had ruled earlier that it will cross the bridge when it comes. “So let things come at the proper stage as it is not a case of oral evidence but a case of documentary evidence,” Sheikh submitted adding, “let cross the bridge when it comes.” He submitted that the court gave its verdict on March 7 on the trial of others involved in Nov 3 decision according to which if evidences were found against anyone in the records then the court would consider it. He further recalled to the court that the copies of the complaint in the instant case had already been handed over to Anwar Mansoor Khan. He said the application was

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filed three-months earlier and the court had already decided it as well. He further submitted that Article 265 © of CrPC as referred to by the defense counsel was not applicable in this case adding that Article 265 © of CrPC and section 5 of Special Court (Amendment) Act 1976 are different. “Just throw the CrPC,” Sheikh contended. “Is it your argument that Sections 5 and 6 of the Special Court Act 1976 oust the application of Section 265 ©”, Justice Faisal Arab asked Akram Sheikh. Yes, Sheikh replied. He contended that under Section 5 of the Special Court Act, the federal government was obligated to provide only three documents which included details of the crime, complaint and list of witnesses. He further said that as the special court was not a high court, it could not apply Section 561 of the military law to this case. Akram Sheikh contended that the government was not obligated to present the joint investigation report (JIT) and the officer who gave the dissenting note was also a witness. Akram Sheikh submitted that he would submit his reply overnight in the application and the learned defense counsel could cross-examine him then. Sheikh said that he will continue his arguments today (Wednesday). During the hearing Akram Sheikh asked Farogh Naseem to give him his email address for sending his reply.When Farogh Naseem told Sheikh to send it to Chaudhry Faisal Hussain, his team member, Sheikh in a light tone replied that he was scared of Chaudhry Faisal.In response, Farogh Naseem told Sheikh that he could give him the email address of Rana Ejaz. Meanwhile, the Special Court ruled that the decision on appointment of prosecutor in the instant case challenged by the defense counsel would be announced on April 18.Dr. Farogh Naseem pointed out that orders on an application pertaining to the disqualification of Akram Shaikh as prosecutor had been reserved for March 26, 2014 and the court observe that before the evidence was to be recorded the application in respect of the prosecutor would be decided. Justice Faisal Arab however observed that orders on the matter of appointment of prosecutor would be announced on Friday, April 18.The court adjourned the hearing till today (Wednesday).

Non-appointment of HEC ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) observed on Monday that the failure to appoint the Higher Education Commission (HEC) chairman was a slap on the face of chairman a slap for judicial the judicial system. He issued an order to appoint the HEC chairman in 15 days. “If the government fails system: IHC to appoint the chairman within the stipulated time, a Pandora’s box about a rift between ministers will The News 15th April, 2014 open up in the court,” the judge stated. “The names of those who are presently behind the curtains will be revealed.” The secretary education told the court that the prime minister, after rejecting the summary for the appointment of HEC chairman, had formed a new committee. The IHC remarked that the HEC chairman couldn’t be appointed in nine months despite an assurance from the government, and the situation posed a challenge to the judicial system. He further said the treatment meted out to the country’s largest educational body reflected the pathetic state of affairs of national institutions.

People are dying of hunger: ISLAMABAD: The Supreme Court (SC) has asked what kind of Islamic welfare state Pakistan is where people are dying of hunger and they are made to pay for even breathing. The observation came during SC the course of the hearing of a petition filed by the Jamaat-i-Islami (JI) Secretary General Liaquat Baloch The News 15th April, 2014 against the increase in flour (atta) price.A two-member bench of the apex court, comprising Justice Jawwad S Khawaja and Justice Mushir Alam, took up the case on Monday. The apex court constituted four committees to ascertain the price and availability of flour (atta) across the country in the context of the fundamental rights of the masses.During the course of the hearing, Taufique Asif, the counsel for the petitioner, suggested a sound basis for on-the-spot determination of flour and its availability in various parts of the country. The court termed the suggestion of the counsel reasonable having the support of all counsel and law officers in the matter, and constituted four committees comprising Syed Attique Shah, Additional Attorney General for Pakistan, Taufique Asif, counsel for the petitioner, and the law officer of each province respectively. The committees will ensure on-the-spot checks to assist the court in ascertaining the price and availability of flour in the context of fundamental rights enforcement.The court also directed the federal government to convene a meeting of the Federation and officials of provincial food ministries, who would propose possible ways and means through which the fundamental rights under articles 9 and 14 of the Constitution could be assured to citizens. Rafique Rajwana, who has been appointed amicus curie (friend of the court) in the case, submitted that it was the state’s responsibility to provide essential food items at reasonable prices to citizens. He proposed to the court to direct the federal government to convene a meeting of the responsible government functionaries of the Federation and the provinces to inform the court about the possible ways and means through which the fundamental rights could be ensured to citizens. He contended that the procurement procedure was very difficult as the middlemen directly contacted the growers and after buying wheat from farmers exported it to Afghanistan. He informed the court that the government also bought wheat from the farmers hence, there was a need to check the attitude of flour mills. Additional Attorney General Attique Shah said that a total of Rs40.1 billion subsidy on wheat was given by the federal and provincial governments to citizens. The AAG submitted the report which contained the input of the advocate general of all the provinces. The court, however, termed the instant report incomplete and observed that it did not contain the relevant information and statistics to enable the court to ascertain whether the fundamental rights were indeed being ensured to citizens or not. The court directed the law officers to submit a complete consolidated report which should also include the relevant statistical data showing that the fundamental rights had been ensured to the people. During the hearing, Dr Shakeelur Rehman, Food Security Commissioner, Ministry of National Food Security and Research, said that a person in Pakistan required a minimum of 2,350 calories per day, which come from wheat. The government had made sure that wheat was supplied to every part of the country adding that in the whole year there was no wheat problem. The court, in its order, recalled that on the previous date of hearing, it had noted that the minimum wage of an unskilled worker in the four provinces was Rs7,000 to Rs9,000 a month. Therefore, Dr Shakeel was asked to prepare a table to show as to how a family comprising two adults and two minors would be able to survive with dignity as per Article 14 of the Constitution within the minimum wage.Later, the court adjourned the hearing till April 22.

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Musharraf case proves LAHORE: Lahore High Court Chief Justice Umar Ata Bandial has said the judiciary is committed to dispensing justice to the affected people. He was addressing a seminar on the topic of ‘Court Reporting supremacy of law: LHC CJ and Dispensation of Justice’, organised at the Punjab Judicial Academy by the Press Council of Pakistan The News 13th April, 2014 (PCP) here on Saturday. About the Pervez Musharraf issue, the LHC CJ said he did not want to comment on the case as it was a sub judice matter. But, he added, he would like to say one thing that the developments in the Musharraf case had proven the supremacy of the law. Justice Muhammad Anwarul Haq, Justice Ali Baqar Najfi, Justice Abdus Sami Khan, Raja Muhammad Shafqat Abbasi, Chairman PCP, Muhammad Ramzan, Mujeebur Rehman Shami, President CPNE, and journalist Saeed Aasi were also present on the occasion. The CJ said justice could not be judged by the number of verdicts but by the authenticity of the verdicts. He said the services of the legal fraternity would be remembered for long. Pakistan was created by a lawyer, Quaid-e-Azam Muhammad Ali Jinnah, its idea was presented by another lawyer, Allama Muhammad Iqbal, and a number of other prominent lawyer leaders of the Pakistan Movement had struggled for the creation of this homeland. The CJ recalled that the lawyers’ movement of 2007 wasunique in the sense that not a leaf was disturbed or any public property damaged as the movement was totally peaceful, pursuing its cause through talks, the most trusted weapon of the lawyers. The LHC CJ hoped that in the future too the judiciary, lawyers, civil society and the media would jointly ensure the supremacy of the rule of law. The LHC chief justice said the role of the media was very important for the rule of law in the country and the restoration of constitutional rights of the public. He said the contempt of court law was used as a tool in the past to intimidate the journalist community, but the present judiciary has the courage to face positive and constructive criticism and it has not invoked the draconian law in the near past. He said the language of law was more difficult than ordinary language and it requires vast knowledge and expertise to fully comprehend legal terminology. We, the judges, also go through law books while dictating judgements; therefore, journalists should also take extra care while reporting judicial matters so that their news may not prejudice court proceedings. He further said judges could not decide cases without assistance from the legal fraternity and the role of the lawyers in the dispensation of justice could not be undermined. At the end, the chief justice lauded court reporting in the Lahore High Court and saluted media persons for their responsible reporting. Speaking on the occasion, PCP Chairman Raja Muhammad Shafqat Abbasi said the era of press releases was over and now the media was an independent entity, like other state institutions, and it was a need of the hour that it should be self-accountable now. Each institution should endeavour for more services to the masses, he added. The Pakistan Bar Council vice chairman asked media persons to curtail the fashion of tickers on the electronic media.Agencies add: LHC Chief Justice Umar Ata Bandial said the judiciary was a vibrant institution and its verdicts should not be made controversial. Justice Bandial said the accused were freed by the courts due to poor investigation by the police, but the courts are accused of freeing culprits. He said the judiciary wanted to reform society. ISLAMABAD: The Chief Justice of Pakistan (CJP), Tassaduq Hussain Jillani, on Friday said citizens’ Freedom of citizens can’t be freedom could not be allowed to be seized in the name of national security. The chief justice was usurped in name of security: addressing a full court reference held here at the Supreme Court on the eve of retirement of Justice Khilji CJ Arif Hussain.The chief justice said: “While fighting terrorism and protecting democracy, we need to strike th a proper balance between the conflicting values and principles i.e. the value of security of the state and The News 12 April, 2014 individual rights.” He said such rights could not justify undermining the national security. He said the court, in its endeavour to strike a balance between the conflicting values, often attracted criticism from both sides.“Those standing for human rights may contend that the court gives too much protection to security and ignores human rights; those who speak of security concerns may allege that the court is tilted towards human rights rather than security. These comments should not deter us from upholding the rule of law and the canons of democracy,” the CJ maintained. He said as the country faced a multitude of battles against terrorism, against sectarian violence and ethnic cleansing of minorities and on weakened rights for women and children, it is their duty as a pillar of the state to hold fast to belief in the seminal values of the rule of law, of human dignity, of tolerance and of compassion. Justice Jillani further said the Constitution makers wanted to implement social, economic and political justice for which vision had been embedded in the Constitution through fundamental rights and the principles of policy. “To ensure that these goals are pursued by each organ of the state; that no organ acts beyond the role assigned to it under the Constitution and the law, as also to protect people from arbitrary rule, the judiciary has been entrusted with the sacred task to arbiter between the state and the individual, between the individuals inter se, and to issue appropriate directions, where the rights or the laws are being violated.” He further said the constitutional pledge of independence of judiciary and the constitutional command that all state institutions shall comply with the orders passed by the Supreme Court are all means towards the ultimate goal of dispensing said social, economic and political justice—(Article 189). Paying rich tribute to Justice Khilji Arif Hussain, he said as could be seen from his legal opinions, judgments and general demeanour as a judge throughout the course of his career, Justice Arif Khilji had devoted his prudent insight, legal acumen and insightful mind to the development of the rule of law in the country. His judgments have reiterated the importance of several constitutional principles of the utmost value to the judiciary such as that of the tri-chotomy of powers and the independence of the judiciary,” the CJ said. Justice Khilji Arif Hussain said today the Supreme Court was an inevitable institution for the common man, independent in action and free in thoughts, showing strength, excellence and courage under most demanding circumstances. Justice Khilji said it had been through the most difficult and turbulent periods in the history of Pakistan and ultimately acquired the reputation of protector of the Constitution, democracy, rule of law and guardian of fundamental rights of the people of Pakistan. “Let me assure you that the aims and objectives of every judgment of this court are to enforce the Constitution and to protect the fundamental rights of the people of Pakistan,” he added.He said whenever he got depressed while looking at the institutions his colleagues gave him the courage saying that leaves of autumn sprinkle fragrance, giving a message of green leaves. Justice Khilji expressed thanks and gratitude to the Chief Justice of Pakistan Justice Tassaduq Hussain Jillani and his colleague judges for their inspirational support while he was at the bench. He said he was also thankful for their generosity, which enabled him

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to cherish many useful experiences.Kamran Murtaza, Supreme Court Bar Association (SCBA) President, also addressed the full court reference. PESHAWAR: The Peshawar High Court (PHC) on Wednesday redirected the General Headquarters PHC re-directs GHQ to (GHQ) and the Khyber Pakhtunkhwa government to produce reports of their respective inquiries into the submit inquiry report in 20 killing of a ‘missing person’ in an alleged encounter when he was trying to escape from the custody of an days intelligence agency. A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice th Ikramullah Khan asked Deputy Attorney General (DAG), Kifayatullah, who was representing the defence The News 11 April, 2014 ministry and intelligence agencies, as to why Colonel Imran, a representative of the Judge Advocate General (JAG) branch of the Pakistan Army, had failed to produce the inquiry report. On the previous hearing held on March 25, Colonel Imran had told the bench that he would produce the inquiry report as the probe had been completed and was with the GHQ. DAG Kifayatullah informed the bench that he had received a call from Colonel Imran who asked him to seek more time from the court for submission of the report as he was busy somewhere in operation commitment in Dera Ismail Khan. The bench re-issued directives to the GHQ to submit the inquiry report within 20 days. Deputy Superintendent of Police (DSP) Legal, Khyber Pakhtunkhwa police department, Qazi Sajid, informed the bench that as per the high court directives, an investigation committee was formed on April 7 and report about the killing of the missing person would be submitted within two days. At this point, the chief justice observed that the court’s orders were being deliberately ignored as it had asked both the GHQ and provincial government to submit the inquiry reports, but they failed to comply with the orders despite lapse of eight months. “It is very interesting that the KP government formed committee on April 7 and prepared investigation report to be submitted within two days. Would that mean the police and agencies were quick in complying with the court orders,” the chief justice remarked. The petition was filed by senior lawyer Haji Mir Rehman against the detention of his son, Abdul Samad.The petitioner alleged that his son was taken into custody by the intelligence agencies in the jurisdiction of East Cantonment Police Station on Oct 3, 2011. He said a few months after his disappearance the petition was filed with the high court bench but on August 2012 his body was handed over to the family.The bench read out the high court order, passed on December 11, 2012 in which it directed the principal staff officer at the GHQ to constitute an inquiry board for looking into the alleged encounter and punish the military personnel found guilty in the killing of the missing person through the military court. The counsel for the petitioner Razaullah Khan claimed the deceased was in the custody of the intelligence agencies but they denied holding him.The first information report of the incident was registered at the West Cantonment Police Station on August 6, 2012 on the complaint of Captain Tahir Hafeez of Intelligence Battalion, who said Mohammad Haroon, Waliur Rehman and Abdul Samad were kept in temporary detention for their onward transportation to the notified internment centre. Captain Tahir alleged that three detainees snatched rifle from the guard and resorted to firing. He said during the encounter, two guards, Nadir Ali and Sajid Farooq, and the three detainees were killed in the exchange of fire. Taking notice of the fact that no progress report in the cases of suspected militants in the government notified internment centres languishing there for years had been prepared, the bench directed the provincial government to produce the report of the oversight board of each detained person in the internment centres. The bench also directed the oversight boards of internment centres to release the detainees against whom cases had not been proved. The bench asked the authorities of internment centres that from now they would have to first notify the suspected person’s shifting to the internment centres and then categorize them into white, grey or black categories.The court fixed April 30 for the next hearing of the cases. ISLAMABAD: The Pakistani government is facing a battle to enact a tough anti-terror law that rights Government faces fight over activists and opposition parties have attacked as repressive. The Protection of Pakistan Ordinance tough anti-terror law allows security forces to detain suspects for up to 90 days without disclosing their whereabouts or the th allegations against them. Anyone arrested under the new law must prove their innocence -- reversing the The News 11 April, 2014 usual legal burden of proof -- and satisfy courts they are not engaged in terror activities. The government of Prime Minister Nawaz Sharif introduced the legislation in a bid to curb the violence and instability blighting the nuclear-armed state. Pakistan has been in the grip of a homegrown Taliban insurgency since 2007, with more than 6,800 people killed in bomb and gun attacks according to an AFP tally. Law enforcement agencies and the sclerotic courts system have struggled to make any impact on the violence. The lower house of parliament approved the new bill earlier this week. But the main opposition Pakistan People’s Party (PPP) says it will fight to block it in the upper house, where it holds sway. "Pakistan will become a police state," senior PPP senator Farhatullah Babar told on Friday. He warned the law effectively legitimises enforced disappearances -- an issue on which rights groups routinely criticise Pakistan. Campaigners say up to 2,000 people have disappeared into custody of the security services, many from Balochistan. "It also legitimises extrajudicial killings, because the law authorises the police and the military to shoot anybody on the basis of reasonable suspicion, without evidence," Babar said. Human Rights Watch (HRW) urged the Pakistani Senate to reject the law in its current form and send it back to the National Assembly for amendments. "The Protection of Pakistan Ordinance as drafted runs roughshod over rights provided under international law as well as Pakistan´s constitution," HRW’s Brad Adams said in a statement. Mushahid Hussain, the chairman of the Senate defence committee, said he did not think the bill could be passed in its current form. "There is unlimited authority given to the security forces and police for shoot-to-kill orders. This authority can be abuse. So we find this unacceptable," he told. Usurping people's freedom ISLAMABAD: Chief Justice Tassaduq Hussain Jillani said usurping the freedom of people could not be allowed in the war against terrorism on the pretext of national security and preservation of democracy. in garb of security, Addressing a full court reference in honour of Justice Khilji Arif, Chief Justice Jillani said human rights democracy cannot be could not be ignored at any cost. The chief justice added that Pakistan was plagued by several wars allowed: CJP besides terrorism and sectarianism. He said the country was also waging a war against the abuse of th minorities, women and children. The country’s top judge further said it was our responsibility to stand The News 11 April, 2014 united for Pakistan.

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SC issues detailed verdict ISLAMABAD: The Supreme Court of Pakistan on Thursday issued its detailed verdict over the disposal of the petition filed by former military ruler General (retd) Pervez Musharraf, against the apex court's over discarding of Musharraf earlier decision, saying the matter was time -barred, DawnNews reported. Former president Musharraf petition had challenged the court's earlier judgment which had declared the military dictator's Nov 3, 2007 Dawn 10th April, 2014 emergency, and most of the actions under taken it, as illegal and unconstitutional. The 42-page verdict was drafted by Chief Justice Tasadduq Hussain Jillani whereas Justice Jawwad S. Khawaja attached 12 pages of additional notes to the verdict. The court while issuing its judgement said that the arguements of the former president's lawyers were heard to fulfil the requirements of justice but the plea had to be discarded as it was time-barred. The apex court’s 14-member larger bench, headed by Chief Justice Tassaduq Hussain Jilani, on Jan 30, 2014, disposed of the petition, citing that the plea contained irrelevant precedence and was also time-barred. There is a limited time after the announcement of a court judgment during which an appeal can be filed to challenge the court's decision and upon its expiry the case is considered as time-barred. On Dec 23, 2013, Musharraf had filed a petition after a delay of over four years, seeking review of the landmark July 31, 2009, decision but the review petition was returned by the court office by raising eight objections, against which an appeal was preferred. The review petition had pleaded that Musharraf was facing trial before the special court for the offence of high treason on the basis of July 31, 2009, verdict of the apex court, also accepting for the first time that the constitutional deviation by clamping Nov 3, 2007, emergency was for public good and to get rid of former Chief Justice Iftikhar Mohammad Chaudhry as well as some judges since their removal had then become impossible under the normal legal procedures. The review petition argued that former elected Prime Minister Shaukat Aziz had recommended taking extra-constitutional measures of proclaiming Nov 3 emergency.

Lawyer shot dead in Karachi KARACHI: A day after incidents of violence claimed 12 lives in Karachi, a lawyer belonging to the Pakistan Muslim League – Nawaz (PML-N) was shot dead in the Gulshan-e-Iqbal area Thursday th Express Tribune 10 April, 2014 morning, Express News reported. Identified as Waqar Shah, the lawyer was targeted when unidentified men riding motorbikes opened fire on his car, injuring him critically. He later succumbed to his injuries on the way to hospital. Sindh High Court Chief Justice (CJ) Maqbool Baqar took notice of the killing and asked the Inspector General Sindh to submit a report on the incident. Police claimed this was a planned attack and that the lawyer was shot three times. Nadeem had left his house in a black Toyota Corolla and was on his way to the high court when the incident occurred. SC moved against Pakistan ISLAMABAD: A constitutional petition was filed on Wednesday in the Supreme Court (SC) praying for annulling the Protection of Pakistan (Amendment) Bill as being ultra vires to the Constitution. Mahmood Protection Bill Akhtar Naqvi, a social worker, has filed the petition under Article 184(3) of the Constitution, making The News 10th April, 2014 Secretary Ministry of Law, Justice and Parliamentary Affairs, Leader of the House in the National Assembly through Secretary National Assembly, Leader of the Opposition in the National Assembly, Speaker National Assembly and Federal Minister for Science and Technology Zahid Hamid as respondents. The petitioner prayed to the apex court to annul the Protection of Pakistan (Amendment) Bill 2013-14 being ultra vires to the Constitution. He further prayed to the apex court to initiate contempt of court proceedings against the respondents under Article 204 and Contempt of Court Ordinance 2003. He requested the court to summon the whole record of the said bill, tabled on the floor of the National Assembly on April 7, 2014 besides summoning Secretary Law in-person.He submitted that the bill was against the 1996 verdict of the Supreme Court as well as violation of the Constitution as fundamental rights of the citizens would likely to be affected through the said Bill. He said that through this law, the citizens and litigants had been deprived of fair trial in the cases.The National Assembly, the other day, approved the Bill amid strong and noisy protest and walkout by the opposition parties, during which the opposition parties also tore the copies of the bill into pieces and tried to access speaker’s dais, only to be blocked by the parliamentarians from government benches shielding the speaker. The Pakistan Protection Bill 2013, Ordinance No 9 was presented in the National Assembly by Federal Minister for Science and Technology, Zahid Hamid. The opposition parties, including government’s coalition partner Jamiat-e-Ulema Islam-F (JUI-F) also opposed the bill and walked out of the assembly. Under the Bill, special courts would be constituted to ensure the speedy trial of terrorism-related cases, and any person convicted could be kept in any jail across the country and, joint interrogation team would investigate terrorism-related cases.It is pertinent to mention here that Pakistan Tehrik-e-Insaf (PTI) Chief Imran Khan has also announced the other day to challenge the Bill in the Supreme Court. Senior officials involved in ISLAMABAD: The Supreme Court (SC) on Wednesday observed that senior officials were involved in the Employees Old-Age Benefit Institution (EOBI) and criminal proceedings should be initiated against EOBI scam, says SC them. A two-member apex court bench led by Justice Anwar Zahir Jamali took up the EOBI corruption The News 10th April, 2014 case for hearing on Wednesday.The SC gave two weeks to the EOBI chairman to decide finally about the agreements reached with the Defence Housing Authority (DHA) and other parties on the sale of land, fresh bidding on land and other matters, otherwise the court would declare its verdict. Justice Anwar Zahir Jamali remarked, “EOBI’s own top officers were involved in the scandal. There is a need to initiate civil and criminal proceedings against them. No other person has to endure the consequences of mistakes of EOBI officers. No one is ready to buy the property involving litigation no matter how attractive it is. If there is any complaint against the rival party, the amount can be taken back by returning the land. Price of the land was paid several times higher than the market rate. The EOBI authorities are not innocent in this matter.” Justice Ejaz Chaudhry said, “Corruption is galore in the EOBI. We don’t want to open this Pandora’s box and we will make it part of the decision. What was the compulsion that EOBI struck such a major deal?” The EOBI chairman told the court that he had given advertisement in connection with bidding of this land but no one had come for bidding. “We want to review this matter afresh. Please give the time. All parties are responsible for non-transparent deal,” he said. Counsel for Eden Garden, Tariq Mehmood, told the court that they were ready to pay the amount as the pay orders had been prepared. “EOBI has sought excessive amount from us. Property has not been handed over to

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us but our names have been put on ECL and FIA is harassing us,” he said. Justice Anwar Zahir Jamali remarked, “We are giving you option either to pay the amount or return the property.”Tariq Mehmood advocate said he had filed points in writing and the court could give decision by reviewing them as the value of the property was higher at the time when it was purchased. Justice Anwar Zahir Jamali said if officers of any institution had committed corruption, it was a criminal matter and they would deal it as such as they could give them relief.S A Rehman advocate said that deal was a settled matter as its expenses were illegal. Justice Anwar Zahir Jamali remarked, “You had declared transaction correct. Money has gone to whom.”Justice Anwar Zahir Jamali remarked “We are not sitting here for doing injustice with any one. SC clears all appeals ISLAMABAD: The Supreme Court has cleared the appeals against acquittal pending since 1999, while the court decided 4,570 cases in a short period of less than three months. A Full Court meeting was held pending since 1999 here in the Supreme Court on Wednesday under the chairmanship of the Chief Justice of Pakistan, The News 10th April, 2014 Justice Tassaduq Hussain Jillani. The meeting took stock of the performance of the Supreme Court in terms of dispensation of justice and disposal of cases for redressal of grievances of litigant public. Deliberating over the issue of institution, disposal and pendency of cases in the Supreme Court, the full court meeting noted that as against institution figure of 4,604 for the period from 11.01.2014 to 04.04.2014 in the Supreme Court, the court decided 4,570 cases during the said period. It was noted that there was rising trend in the institution of cases; however, the court noted with satisfaction that almost as many cases were decided as were filed. This success was due to the untiring efforts of the judges who worked hard and worked beyond the working hours. On this occasion, Justice Asif Saeed Khan Khosa informed the full court that appeals against acquittal were pending since 1999, but recently almost the entire backlog has been cleared and soon the appeals against acquittal instituted in 2014 will be decided. The Full Court meeting also lauded the services of Justice Khilji Arif Hussain jillani for judiciary, rule of law and supremacy of the Constitution, both as a lawyer and as a judge.The meeting was convened with a view to appreciate the services rendered by Justice Khilji Arif Hussain, who is going to lay down the robes of office after a few days. Praising the services of Justice Khilji Arif Hussain for judiciary, rule of law and supremacy of the Constitution, Chief Justice Tassaduq Hussain Jillani said that the brother judge worked very hard to perform his constitutional duties, adding that he did his job with full commitment, dedication and honesty. The chief justice paid glowing tributes to the outstanding legal career of Justice Khilji Arif Hussain, both as a lawyer and as a judge. The CJ thanked the other judges for making it convenient to attend the full court meeting which is being traditionally convened to say goodbye to a member of the apex court on his retirement. The other judges of the Supreme Court also recalled the services of Justice Khilji Arif Hussain for strengthening the institution of judiciary as a lawyer, as a Judge and as a person endowed with rare qualities of head and heart, and the ability to write quality judgments and dispense justice freely and fairly to all and sundry. The Full Court meeting was attended by Justice Nasirul Mulk, Justice Jawwad S Khawaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice , Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice , Justice Sh Azmat Saeed, Justice Iqbal Hameedur Rahman, Justice Mushir Alam and Justice Dost Muhammad Khan. Syed Tahir Shahbaz, Registrar, Supreme Court of Pakistan, also attended the meeting.

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Tuesday announced to challenge the Protection of PTI to challenge PPO in SC Pakistan (Amendment) Ordinance 2014 (PPO) in the Supreme Court after consultation with all the The News 9th April, 2014 opposition parties. Talking to media persons outside the Parliament House, PTI Vice Chairman Shah Mehmood Qureshi said that all the opposition parties of parliament had protested against the bill and walked out. The Protection of Pakistan Bill was passed late on Monday amid protests from members of parliament and condemnation from international rights groups such as Amnesty International. The law grants sweeping powers of arrest and detention to Pakistan’s already powerful security forces. “This law will turn Pakistan into a police state,” Shah Mehmood Qureshi said. “We have decided to take this law to court and challenge its anti-human rights stance.”The government approved the bill in the absence of the opposition parties. He said they had already got support of the Muttahida Qaumi Movement (MQM) and Jamaat-e-Islami (JI) to challenge the PPO in the apex court. “You are now giving legal cover for things security forces are already doing, like detaining people for long periods of time with no attention to rights and declaring them terrorists with little or no proof,” said senior MQM member Haider Abbas Rizvi. Senior leader of Muttahida Qaumi Movement (MQM) Dr Farooq Sattar said that Pakistan Protection Ordinance was a black law which reminded the country of martial law.Speaking to a private TV channel, Sattar said if the PPO was introduced during the martial law, then we could say that a military dictator was dictating its terms on power but the ordinance cannot be accepted during a democratic regime. He also said that there is a difference between a strict law and a black law. “Our suggested amendments in the PPO were rejected,” he added. The MQM leader further said that no culture and democratic system allows shoot-at-sight orders. Meanwhile, former president Supreme Court Bar Association and Human Rights activist Asma Jehangir termed the Protection of Pakistan Act as a draconian law.In a press statement, she said the government must reflect on its policies towards counter terror. On the one hand, the government has released persons arrested on charges of terrorism and on the other hand it has passed a draconian law, the Protection of Pakistan Act 2014. Asma said the law denies basic rights to anyone suspected of crimes given in the schedule, which include acts of terrorism. Eventually, by both these actions, the ordinary people of Pakistan will suffer the most and the rule of law will gradually give way to the rule of guns. ISLAMABAD: Securities and Exchange Commission of Pakistan (SECP) Chairman Tahir Mahmood has Reform: SECP reviews rules said that the SECP is reviewing and amending a number of regulations and rules such as the Insurance to change regulatory culture Ordinance 2000, Securities Act 1969, SECP Act 1997, Companies Ordinance 1984 and the rules for Express Tribune 8th April, 2014 Real Estate Investment Trusts (REITs). The goal behind this is to introduce smooth, efficient and speedy processes and to lay down a scheme of regulation that is fair, open and transparent. Mahmood stated this during a meeting with a delegation of the Pakistan Business Council (PBC), led by its Chairman

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Bashir Ali Muhammad. He briefed the PBC delegates about future roadmap of the SECP, especially with regard to legal, fiscal and regulatory reforms. Under the new companies’ ordinance, smaller companies will be encouraged through less cumbersome regulations while making it easier for larger ones to raise and maintain capital. The SECP is considering doing away with many archaic concepts such as authorised capital, restrictions on raising capital and also considering introducing the concept of no par value shares, treasury shares, share warrants and partly paid shares. Once approved, this will be a major step in liberalisation pertaining to how companies raise the capital. The commission is also focusing on issues related to protection of minority shareholders, minority buyout and representation of minority shareholders on the boards of companies. The SECP chairman expressed the hope that the proposed amendments to the regulatory laws would help promote economic growth and prosperity in the country. He also sought suggestions of PBC members on the proposed amendments. SECP Commissioner for Securities Market Division Zafar Abdullah and Commissioner Insurance Asif Arif were also present in the meeting.

PHC wants amendment to PESHAWAR: Declaring sub-article 7 of Article 247 of the Constitution inconsistent with articles related to fundamental rights, the Peshawar High Court (PHC) on Monday advised the federal government to sub-article 7 of Article 247 submit a reference in the parliament for suitable amendments to the said article. A five-member larger The News 8th April, 2014 bench comprising PHC Chief Justice Mian Fasihul Mulk, Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaisar Rasheed and Justice Malik Manzoor Hussain issued the advice to the federal government through the Law and Justice Division. “Sub-article 7 of Article 247 has restricted people of Fata to invoke the jurisdiction of superior courts for obtaining their fundamental rights guaranteed by the Constitution,” the PHC verdict said. “We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-article 7 of Article 247 of the Constitution. People of Fata are citizens of Pakistan, but imposing restriction through this article of the Constitution against tribal people to get fundamental rights is discrimination against them,” the PHC ruled. Sub-article 7 of Article 247 states that, “Neither the Supreme Court, nor a high court shall exercise any jurisdiction under the Constitution in relation to a tribal area, unless Majlis-e-Shura (Parliament) by law otherwise provides.” The bench also directed the PHC registrar to fax copies of the judgment to federal government through secretary Ministry of Law and Justice Division, Speaker National Assembly and Chairman Senate. About jurisdiction of the high court over matters related to illegal detentions and government servants, the PHC chief justice observed that the court had given its findings about all these questions in the detailed judgment. However, due to the signature and additional note of one of the judges of the full bench the detailed judgment was not released to media and parties on Monday.After hearing arguments of the additional attorney general for Pakistan, Attique Shah, an amicus curiae in around 60 writ petitions, the full bench on April 4 reserved judgment until Monday about its jurisdiction in the tribal areas over matters related to illegal detentions and government servants. However, the Fata Lawyers Forum (FLF) president Muhammad Ijaz Mohmand and other members hailed the PHC decision and advised the federal government to file a reference for making amendments to sub-article 7. He said that hopefully the federal government would soon submit a reference in the parliament to mitigate sufferings of tribal people. Senior lawyers, including Barrister Zahoorul Haq, Imtiaz Ali, Qazi Muhammad Anwar, Tariq Afridi, Wali Khan Afridi, Abdul Lateef Afridi, Advocate General Abdul Lateef Yousafzai and Additional Advocate General Waqar Ahmad Khan assisted the court as amicus curiae in the case.

First female SHO appointed KARACHI: In an unprecedented development, one of the police stations of the provincial capital witnessed appointment of a female as Station House Officer (SHO) on Tuesday. Ghazala Syed made in Karachi history, as she achieved the distinction of becoming the first female SHO of the metropolis. Ghazala The News 8th April, 2014 assumed charge of the SHO of a police station in the Clifton area of the city. Ironic as it may seem, hours after Ghazala Syed’s taking charge of her office a shop located in Zamazama area of Clifton came under a grenade attacked. However, no harm transpired from the attack.

Bugti murder: ATC to issue QUETTA: The Anti-Terrorism Court (ATC) here on Monday again ordered that former president Pervez Musharraf be presented before the bench hearing the Nawab Akbar Bugti murder case, Geo News arrest warrant, if Musharraf reported. The court has ordered that if Pervez Musharraf does not appear on the next hearing to be held fails to apppear on April 21 on April 21, a warrant for his arrest would be issued, terminating his bail. ATC Judge Tariq Anwar Kasi The News 7th April, 2014 was hearing the Akbar Bugti murder case here. During proceedings former federal interior minister, Aftab Sherpao and former provincial home minister, Shoaib Nausherwani were present in the court, however, the main accused in the case, Pervez Musharraf did not. The bench has also ordered Pervez Musharraf’s guarantors to appear in court on the next hearing. It may be noted that the court has issued production orders five times. Additionally on the previous hearing the bench had ordered issuing arrest warrants for Musharraf’s guarantorsas well.

Arrest warrants for two cops LAHORE: An Additional District and Sessions Court on Saturday issued arrest warrants for two police officials of Ravi Road Police Station for not complying with the court orders. The court directed the th The News 6 April,2014 authorities concerned to make sure the arrest of both officials and produce them before the court by April 8. Constables including Kalim Butt and Abdul Qadeer were not appearing before the court as prosecution witnesses. Due to their nonappearance, a narcotics case was lingering on. Previously, the court had issued a show-cause notice against them but they did not appear before the court, which forced the judge to issue arrest warrants for them.

Cleric murder: Musharraf's ISLAMABAD: Hearing the Ghazi Rasheed murder case against former military ruler Pervez Musharraf, an additional district and sessions’ judge in Islamabad rejected the retired general's application seeking plea for permanent permanent exemption from appearance during proceedings, DawnNews reported. Additional district and exemption rejected sessions Judge Wajid Ali was hearing the case against Musharraf. During the hearing, Musharraf’s Dawn 5th April, 2014 counsel presented his arguments saying that the former army chief faced death threats, adding that he was targeted in an attack two days earlier as a result of which he could not appear in court. He said

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Musharraf sought exemption from appearing in court. The court granted him exemption from appearance for today’s hearing and adjourned the case to three months. Whereas, the former president's request seeking permanent exemption from attendance during the case's hearings was dismissed. Ghazi Rasheed was killed during the Lal Masjid operation which was a 2007 government crackdown on the controversial pro-Taliban mosque in Islamabad. The operation had ended in a bloody eight-day siege killing at least 58 Pakistani troops and seminary students. The operation, ordered by Musharraf, followed a week-long standoff between the mosque's supporters and security forces.

Name on ECL: Musharraf ISLAMABAD: Former military ruler General (retd) Pervez Musharraf may approach Sindh High Court against the federal government’s decision to reject his application seeking removal of his name from the may challenge govt’s exit control list. Sources privy to the matter told The Express Tribune that Musharraf’s legal team has decision in SHC decided to file a petition in SHC against the interior ministry’s refusal seeking an explanation. The petition Express Tribune 5th April, 2014 in this regard will be moved in the next few days. They further revealed that Musharraf’s legal aides are reluctant to directly approach the Supreme Court and therefore have decided to first submit an application in the high court. “The (legal) team is still undecided whether to file the petition in IHC or SHC since most of the members believe that the IHC’s behaviour has been hostile with their client in the past and they should challenge the federal government’s decision in SHC,” the sources added. The interior ministry, while responding to Musharraf’s request on April 2 had refused to remove his name from the ECL. Meanwhile, it was also learnt that one of Musharraf’s senior legal counsel, Khalid Ranjha, is reluctant to argue before the Special Court. “Though he along with another active legal team member Chaudhry Faisal Hussain met with Pervez Musharraf on Friday and discussed their future plan of action but from now Farogh Nasim will take the lead and present arguments before the special court during the treason tria,l” the sources added. Farogh Nasim’s appointment may have also caused internal friction among the legal team members as Sharifuddin Peerzada has been inactive in the case after Nasim was taken on board. Likewise, Anwar Mansoor has also expressed his dismay over the engagement of the new counsel, the sources added. Musharraf is expected to file the petition through Nasim. Speaking to The Express Tribune Nasim said that the legal counsels have not decided where to challenge the interior ministry’s decision and are still discussing the matter. Another legal aide, Faisal Hussain argued that the government was only aiming to embarrass the army. Meanwhile, senior prosecution team member, Ikram Chaudhry was of the opinion that the petition should be filed in the IHC instead of SHC. It is pertinent to note that General (retd) Pervez Musharraf sought protective bail from the Sindh High Court, moved an application for removal of his name from ECL, but the request was declined on December 23, 2013.

SC restores PTI leader as ISLAMABAD - The Supreme Court on Thursday restored National Assembly membership of Pakistan Tehreek-e-Insaf (PTI) and sent a request to the Chief Justice of Pakistan to decide the scope and extent MNA of suo moto jurisdiction. Ghulam Sarwar Khan, the PTI leader, had defeated Interior Minister Chaudhry The Nation 4th April, 2014 Nisar Ali Khan from NA-53 Rawalpindi on May 11 general elections, but his membership was suspended by a three-member bench of the Supreme Court headed by former Chief Justice Iftikhar Muhammad Chaudhry in August 2013 over allegedly holding a fake degree. The interim order was passed following the hearings of petitions pertaining to fake degrees of some parliamentarians after the Higher Education Commission (HEC) submitted a report on the case. The interim order of the Court was, however, was conditional to the Lahore High Court judgment on the verification of his academic qualification. The LHC in December 2013 had declared the academic degree of Ghulam Sarwar legal. The LHC order said: "Ghulam Sarwar's degree is legal and genuine as well as pronounced him eligible for the National Assembly post." A three-member bench headed by Justice Anwar Zaheer Jamali, and comprising Justice Saqib Nisar and Justice Dost Muhammad, heard the election matter of the PTI leader. Abdul Hafiz Pirzada, who represented Ghulam Sarwar, told the court that his client had been contesting elections since 1980 and was a Punjab minister and the federal minister, but as a result of suo moto proceedings his membership was suspended. He requested the bench that as the LHC has passed judgment in favour of his client, therefore, his membership be restored. Justice Saqib inquired from the learned counsel in what jurisdiction the Supreme Court had passed the suspension order. He replied it was suo moto jurisdiction, adding unless there was adjudication in the court of competent jurisdiction the apex court should not pass order in such way. Justice Jamali said but that the order was conditional to the LHC order on his client's degree issue. Justice Saqib said if the suspension order could be passed on the suo moto then it could be recalled as well. PML-N Senator Rafiq Rajwana, appearing on behalf of Ghulam Qamar, opposed Hafiz Pirzada's plea to restore PTI leader's NA membership. The court inquired from him who is his client. The counsel said he is a voter of that constituency (NA-53). Justice Saqib said that constituency is left unrepresented for the last so many months and he as parliament must realise it. Justice Jamali said if they would encourage this kind of trend then people would file petitions against the winning candidate during his tenure. He said his application was neither leave to appeal against the High Court order nor under co-warranto. The court asked him under what law the Court could bypass the legal process. Justice Saqib remarked, "No, the time has ended to mess up the things." He said if the Court withdraws the order in suo moto then it would be appropriate. The law should follow its own course. Justice Jamali agreeing with him said the order could be vacated and they could send request to the chief justice of Pakistan to constitute a larger bench to decide the extent and scope of suo moto jurisdiction. "Wider or restrict the scope under which compulsion the court crosses the barriers." He said in one of the missing person cases they had also said that this court has its limitation. The SC office was directed to place the file before the Chief Justice for constituting a larger bench on suo moto jurisdiction. Murder FIR against nine- LAHORE: How far police inefficiency and malice can go in Pakistan sometimes is hard to guess, as it nominated a nine-month-old infant as one of the accused of planning a murder, threatening a police team month-old and interfering in state affairs. The interesting yet shocking development in how police works was The News 4th April, 2014 unveiled on Thursday as an additional district and sessions judge, Rafaqat Ali Qamar, granted post- arrest bail to a nine-month old infant, Muhammad Mosa, on charges of planning the murder, threatening

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of a police team and interfering in state affairs. The court granted bail to the accused on submission of surety bonds of Rs. 50000 and summoned police in this regard by April 12. The ‘accused’ appeared before the said court while he was sitting in lap of his father, Ami. The judge while seeing the minor showed his disappointment over the attitude and performance of police and, in no time, confirmed the bail of Mosa and other nominated accused in the case. The counsel Chaudhary Irfan Sadiq Tarar of the accused argued before the court that, under PPC section 82 (Act of a child under seven years of age: Nothing is an offence, which is done by a child under seven years of age), Mosa khan can not be nominated in the case. He said that his little client is innocent and his nomination in the case shows bad intentions of the police department. He implored the court to grant bail to Mosa. However, the judge did not dismiss case against the toddler as it does not lie in his jurisdiction. The local magistrate has powers to quash the case against the child. Muslim Town assistant sub inspector (ASI) Kashif booked nine- month old Muhammad Mosa Khan, his father Ami, Irfan, Imran, Tariq and thirty other persons. The police booked nine month old under Pakistan Penal Code (PPC) sections 324 (Attempt to commit qatl-i-amd: trying to murder with intention or knowledge) and section 353 (assault or criminal force to deter public servant from discharge of his duty). The ASI in his FIR stated that he along with department officials of Sui Norher Gas raided the area namely ‘Ahta Thane-daran’ located in the area of Muslim Town to arrest people involved in gas theft. He said that, during the course of raid, Mosa Khan along with his 35 other co-accused tried to murder police party in terms of an assassination attempt by stoning them and interfered in state affairs. Meanwhile, Punjab Chief Minister Muhammad Shahbaz Sharif also took notice of registration of a case against the nine-month-old baby’s nomination in the case and sought a report from the Inspector General Police, Punjab. The chief minister also issued directions to take stern action as per law against those police officials who registered the case. The News has also learnt that the police authorities, while following the orders of Chief Minister Shahbaz Sharif and in a bid to avoid further shame, has suspended ASI Kashf and constituted an inquiry committee to look into the matter.

SC suggests review of suo ISLAMABAD: A three-judge bench of the Supreme Court has recommended a review of the top court’s suo motu powers under Article 184(3) of the Constitution. After restoring Pakistan Tehreek-e-Insaf (PTI) motu powers lawmaker Ghulam Sarwar Khan as a member of the National Assembly on Thursday, the bench led by Express Tribune 4th April, 2014 Justice Anwar Zaheer Jamali advised Chief Justice Tassaduq Hussain Jillani to constitute a larger bench for setting parameters over the use of the Supreme Court’s suo motu powers under the aforementioned article. Article 184(3) of the Constitution allows the top court to pass a ruling over any matter it deems to be of ‘public importance’, either through suo motu notice or by admitting a petition invoking the article. “The time has come to correct the mistakes made while taking suo motu notices,” Justice Mian Saqib Nisar observed during the hearing of a petition filed by the now-reinstated PTI MNA. “An endless process will start if parliamentarians are disqualified on voters’ complaints,” observed Justice Jamali. Ghulam Sarwar Khan’s membership of the lower house of Parliament was suspended by a three-judge bench of the Supreme Court, led by then chief justice Iftikhar Muhammad Chaudhry, on July 18, 2013 over a fake degree case. His academic credentials had been challenged in court by a petitioner, Raja Qamar, who moved an application under Article 184(3). Sarwar’s counsel Abdul Hafeez Peerzada pointed this fact out while requesting the bench to recall its interim order against his client during Thursday’s proceedings. He said the Supreme Court would open itself up to criticism by disqualifying parliamentarians when the Constitution already provided voters a proper forum to raise complaints against their representatives. Peerzada added that the court must also examine the credentials of any petitioner who moves an application under Article 184(3). Justice Nasir also expressed shock over how the Supreme Court could pass an interim ruling over a petition that was not maintainable. “It is the duty of election tribunals to decide whether parliamentarians should be disqualified. It is not the Supreme Court’s job to intervene in these matters,” he observed. Justice Jamali, meanwhile, called for reviewing the extent of the top court’s jurisdiction under Article 184(3) and said the matter should be reviewed by a larger bench. “We have made it clear through the missing persons cases that all institutions, including the judiciary, should follow the Constitution while exercising their power,” he said. Speaking on the eve of the Supreme Court’s full court reference in honour of former chief justice Chaudhry on December 11 last year, Chief Justice Jillani had said: “In the process of re-thinking and re-evaluation of our role as judges I may like to share… there is a perception shared by many that the thin line of distinction between the requirements of Article 199 and 184(3) is being blurred. There is need to consider/determine the limits and contours of jurisdiction under Article 184(3) of the constitution with a view to discourage frivolous petitions and to prevent the misuse of jurisdiction by vested interests.” During his tenure as chief justice, Chaudhry disqualified several other parliamentarians as well – over fake degrees and dual nationalities – while entertaining petitions filed by professional litigants.

Petition filed in Supreme ISLAMABAD: Advocate Shah Jahan filed a petition in the Supreme Court requesting it to remove the name of former military ruler General (retd) Pervez Musharraf from the Exit Control List (ECL), Express Court to remove Musharraf's News reported on Thursday. The request stated that the former president wanted to visit his ailing name from ECL mother and therefore his name should be removed from the ECL. On March 29, it was reported that Express Tribune 3rd April, 2014 Musharraf’s mother, Zahra Musharrfa, who has been ill for some time now, was shifted from Dubai to Sharjah’s W Wilson hospital after her condition suddenly worsened. Earlier, Musharraf had requested permission to visit his mother in Dubai despite having to be in court on March 31, 2014 for a hearing – but this request was dismissed. Last year, the Sindh High Court (SHC) had put Musharraf’s name on the ECL, asking him not to leave the country without seeking prior permission from the courts concerned over his alleged involvement in several cases. Shifting the ball in each other’s court On April 2, the government had responded to Musharraf’s request to remove his travel restrictions with an ambiguously worded communiqué, shifting the burden of responsibility on the courts. The interior ministry had informed the former president that the government was “unable to accede to his request” of

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removing his name from the ECL “on the basis of record pronouncements of the superior courts.” After the Special Court had read out charges to him on March 31 in the treason case for subverting and circumventing the by imposing emergency on November 3, 2007, Musharraf had filed an application seeking removal of his name from the ECL so that he could travel abroad to seek medical treatment and see his ailing mother. The court, however, had said it did not have jurisdiction over the matter and it was for thegovernment to decide.

DG ISI’s non-appearance ISLAMABAD: The Islamabad High Court (IHC) on Wednesday expressed its annoyance over the non- appearance of Director General (DG) Inter-Services Intelligence (ISI) in a case pertaining to a missing angers court person, Muhammad Arif. The IHC’s Justice Riaz Ahmad Khan disposed of the petition seeking the The News 3rd April, 2014 recovery of Muhammad Arif after the additional attorney general informed the court that the matter had been referred to the Commission of Inquiry on Enforced Disappearances. The IHC bench, however, expressed its displeasure over the ISI’s attitude towards the court.The same IHC bench on the last date of hearing on March 24 had directed the DG ISI to appear before the court in person. The DG ISI, however, submitted an affidavit intimating the court that Muhammad Arif was not in the ISI’s custody. The court, while expressing its annoyance over the spy agency that was seeking six-week adjournment into the matter, observed, “It was not our desire to summon the DG ISI but the conduct of the dealing official was tantamount to making amockery of the court. A person files a petition for the recovery of his relative and the dealing official, instead of submitting a report, suggests to the court for adjourning the proceedings for six weeks. It was an insult to the judiciary.” Colonel Fayyaz, Deputy Director Legal of the ISI, tendered an apology before the court in response to the court’s observations.Muhammad Arif, a former activist of Jamaat-i-Islami (JI), was running a printing press and private schools in Rawalpindi. Parveen Bibi, the wife of Muhammad Arif, a resident of Peshawar Road, Rawalpindi, registered an FIR and later filed a petition for the recovery of her husband in February this year. The petitioner had told the court that on December 17, 2013 her husband along with the General Secretary of Pakistan Railways, Mazdoor Union, Ishtiaq Ahmed Aasi, Dr Azizul Hassan and Hafiz Abdul Rauf was going to Khushab when all the four were allegedly picked up by the spy agency. An FIR was registered in the Mitha Tiwana police of district Khushab. After the four persons had gone missing on December 17, two weeks later, two of them, Ishtiaq Aasi and Dr Azizul Hassan, returned to their homes while Hafiz Abdul Rauf and Muhammad Arif are still missing. An additional attorney general, however, informed the court that an application for the recovery of Muhammad Arif had been filed with the missing person commission, which was the relevant forum. The legal counsel for the petitioner, Zafarul Hassan Joya, argued before the court that the commission for the recovery of missing persons would take years to decide the case of his client. He requested the court to pass directions to the commission for an expeditious disposal of the case. Justice Khan remarked that the commission was being headed by a former judge of the Supreme Court, therefore, instead of passing directions he could request the commission for an early disposal of the matter.

NA body approves ISLAMABAD: The National Assembly’s Standing Committee for Interior approved the Protection of Pakistan (Amendment) Bill 2014 by a majority on Tuesday. The bill was jointly opposed by the PPP, PTI, Protection of Pakistan MQM, JI and JUI-F. The in-camera session of the committee, convened by Rana Shamim on Tuesday, Amendment Bill also witnessed spats between PML-N’s Tehmina Daultana and MQM’s parliamentarians. Tehmina The News 2nd April, 2014 reacted angrily to MQM’s reservations, citing equal sufferings by the PML-N, while other members intervened timely to ward off any escalation of the conflict. The JUI-F’s opposition of the bill stemmed from reservations about the government not taking Maulana Fazl into confidence; while the PTI’s Arif Alvi had reservations over numerous sections of the bill, promising many amendments, at the time of debating the bill in parliament. Alvi was critical of the armed forces being given the right to arrest citizens who were subject to civil arrests only. He was also critical of the section according to which the government had the right to relocate a case from regular courts to special courts. Talking to the media, State Minister for Interior Baleegh-ur-Rehman said a few amendments had been introduced after a consensus with the opposition, in order to enhance the effectiveness of the bill. Replying to a question, he quoted the Article 10 according to which every citizen had been provided full security and safety; assuring that no legislation contrary to the Constitution would be carried out. He brushed off fears of abduction of citizens and relocation of any cases to anti-terrorism and special courts without any profound logical reasons. — OnlineOur correspondent ads: Meanwhile, the Senate Committee on Interior has deferred four bills presented on the agenda in its meeting on Tuesday. The four bills include Private Member Bill, Criminal Law (Amendment) Bill, 2014, Anti-terrorism (Amendment) Bill and Honour Killings (Amendment) Bill with directions. The meeting of the committee was chaired by Chairman Senator Talha Mehmood. While deferring the Private Member Bill for two weeks, Senator Talha directed the activists of Private Member Bill to give briefing on the bill by participating in the meeting. The chairman has formed a three-member committee on Criminal Law (Amendment) Bill 2014 after former Interior Minister Rehman Malik pointed out theft of electricity and corruption in Wapda. The committee would present its recommendations within two weeks. The senators had opposed the Anti-terrorism (Amendment) Bill 2014 and second Anti-drug (Amendment) Bill, which were passed in National Assembly on February 7 and referred to the Senate’s Standing Committee. The Senate chairman has directed the Interior Ministry to present comparative analysis of clauses in the bill and prepare a report in this regard within one week and send it to the standing committee.While deferring the bill on honour killings for two weeks, the meeting directed the activists of the bill to give briefing by attending the meeting about the bill.

Musharraf indicted, pleads ISLAMABAD: The Special Court on Monday indicted the former military dictator, General Pervez Musharraf, on five counts of high treason, a charge that potentially carries death penalty. The not guilty development marks the first time that an acting or former army chief has been indicted for treason. The News 1st April, 2014 Paramilitary Rangers and the police took up positions inside the courtroom to ensure foolproof security for the judges and the accused.A three-member bench of the court, led by Justice Faisal Arab, resumed

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the hearing of the high treason case. The two other judges were Justice Tahira Safdar and Justice Yawar Ali. The court summoned Musharraf to the rostrum where Justice Tahira Safdar read out the charge- sheet.The first charge was that Musharraf abrogated the Constitution by slapping emergency on November, 3, 2007 and trampled fundamental human rights. The accused denied the charge and pleaded not guilty. Justice Tahira Safdar read out the second charge: “You introduced illegal amendments to the Constitution between November 20, 2007 and December 14, 2007 which was an unconstitutional act.” Musharraf denied the charge, standing straight as a ramrod. The third charge was that he issued the PCO illegally, forced the superior court judges to take oath under it and removed those who did not take oath. The accused refused to accept the charge. The fourth charge was that the accused removed those judges who did not take oath under the PCO and put them under house arrest. The fifth charge related to the imposition of the November 3, 2007 emergency and holding the Constitution in abeyance. Musharraf repeated his remarks: “I plead not guilty.” After having been charge- sheeted, Musharraf said he wanted to explain who was a traitor. Justice Faisal Arab asked him who was a traitor in his eyes. “I honour this court and the prosecution. I strongly believe in the law; I don’t have ego problems. I have appeared in the court 16 times this year in Karachi, Islamabad and Rawalpindi,” said the 70-year-old former president. “I am being called a traitor. I have been chief of army staff for nine years and I have served this army for 45 years. I have fought two wars. Is that ‘treason’? “I am not a traitor. For me traitors are those who loot public money and empty the treasury,” he added, in a veiled reference to civilian politicians long accused of feathering their own nests while in power. The former president said in his view a traitor sells the secrets of his country, puts the country’s defence at stake and lays down arms before the enemy.“I took no such step and I defended the country in the three different wars of 1965, 1971 and Kargil. I never took bribes nor did anyone dare to offer bribes to me. Seventeen billion dollars were left in the national exchequer when I left the government but I don’t know how this amount plunged to three or four billion dollars. “During my stint, foreign loans stood at 37 billion dollars but now they have swollen to above 70 billion dollars. The national kitty was plundered badly. “I put the country on the 70 billion dollars. The national kitty was plundered badly.” “I put the country on the path of progress after 1999 when the country was being called a failed and a defaulted state. Is this the way to reward someone for being loyal to the country and for loving the country?” He further said: “I gave all to the country and took nothing. I contained inflation. The national economy was fortified. During my tenure the rate of development remained higher in Balochistan than in other provinces.” Akram Sheikh said: “I pray for the recovery of Pervez Musharraf’ health. No one has called him a traitor nor has anyone leveled charges of corruption or looting of national exchequer against him. The case of abrogation of the Constitution stands against him. However, it is up to Pervez Musharraf to provide evidence against the persons who have been named by him with reference to November 3, 2007 step. We will bring them on record and include them in investigation if evidences are provided, but as per official documents no evidence has been found against anyone except Pervez Musharraf. There is only one point before the court and that is the abrogation of the Constitution.” Opposing the petition filed by Musharraf seeking his removal form the ECL, Akram Sheikh said the SC had ruled in its previous decision that they will have to approach the court under whose orders his name had been placed on the ECL. This court is not entitled to delete the name of Musharraf from the ECL; therefore, this petition be struck down.” Justice Faisal Arab inquired if the federal government had no authority to put Musharraf’s name off the ECL. Akram Sheikh replied that he will have to give an application directly to the government or the Ministry of Interior. Sheikh said Musharraf’s main defence rested on the claim that he acted on the advice of the then Prime Minister Shaukat Aziz and the cabinet to suspend the Constitution. “He has taken the defence that he did not take these steps independently. On this I have submitted before the court that it is now for him to prove that he has done this on the advice of the prime minister and the cabinet,” ,” Sheikh added. After the proceedings were over, Sheikh who has often been part of testy exchanges between the prosecutions and defense, walked up to Musharraf, greeted him warmly and the two chatted briefly as dozens of security personnel, lawyers and journalists looked on. Farogh Nasim said the courts had disposed of the previous matter pertaining to the ECL and now the SC wields power to give orders for the removal of his client’s name from the ECL. Barrister Farogh Naseem requested the court to let Musharraf go to the US for treatment. He also requested the court to allow the accused to visit his ailing mother abroad. “His mother is dying, for God´s sake,” said Naseem. “He will come back. He wants to face the trial. He wants his name to be cleared.” Meanwhile, Musharraf’s legal team has decided to boycott the court proceedings and refused to recognise the court arguing that the court stood dissolved after Justice Faisal Arab’s refusal to further hear the case during the previous hearing. The legal counsel said Justice Faisal Arab had decided to dissociate himself from the hearing but later in a written order he decided not to disassociate himself from the bench. They said Justice Faisal Arab’s remarks against Anwar Mansoor were unnecessary and against the facts. Musharraf’s lawyer Ahmad Raza Kasuri told the media that defence lawyers would not appear in court as the case was of political nature. The court exempted Musharraf from personal appearance, saying that it could not restrict one’s free movement until the accused was arrested. Later, the court adjourned the hearing till April 4. Barrister Farogh Naseem submitted his power of attorney to represent Musharraf in the case.Tight security: Three different routes were set up by the capital police before Musharraf’s departure from the Armed Forces Institute of Cardiology (AFIC). A police squad and commandos had reached the AFIC early in the morning. Three thousand police and Rangers personnel were deployed on the routes. The police squad was headed by Superintendent Police Islamabad Mustanser Feroz. Entry to Red Zone of the federal capital was closed from all directions. However, reports said the judges who were coming to the Special Court reached the court 10-15 minutes late due to restrictions. On receipt of information, senior officials of Islamabad police removed the hurdles. Meanwhile, about one dozen supporters of the former president who managed to reach near the venue of the hearing raised slogans in support of their leader and against the government. Police and rangers however persuaded them to leave the area.

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HUMENITARIAN INTERVENTION IN LEGAL SECTOR

HR activists protest ISLAMABAD: Human rights activists and civil society representatives have protested here against against CII remarks on the recent remarks of the Council of Islamic Ideology (CII) about child marriages. Gathered at the CII child marriage building on Monday, the protesters asked the government to abolish the CII to save the taxpayers’ st money. They said that the CII is going beyond its jurisdiction and mandate. “The CII members must The News 1 April, 2014 realise that it is not a constitution-making body so it would be better to stop giving views on legislation. The CII is making a mockery of Islam, said human rights activist Farzana Bari. She said that CII is a political body dominated by members of orthodox religious political parties who lack religious knowledge. “Only parliament has the right to legislate and eminent scholars with the highest degree of education in religion can assist it in making laws,” she added. Farzana said the CII is not only creating a sense of insecurity amongst half of the female population of the country but also defaming Islam and shaming us among the international community with whom our government has signed several women’s and children’s rights international conventions and covenants. HR activist Fatima Atif said that government organisations and departments should protect women and children that are already struggling for their basic rights. “Islam gives tremendous rights to women and the CII should focus on ensuring those rights to women so that they can feel protected,” she said. Executive Director of a civil society organisation Saleem Malik opined that such a comment from the CII would hinder the progress on pending bills at the federal and provincial levels about increasing the minimum marriageable age for girls. “The legislation is waiting to come on the agenda in the Sindh Assembly whereas in Punjab, the draft is ready. Such comments at this stage will have negative impact on the legislation meant to protect girls,” he said. A statement issued by protesters said that the list of CII’s retrogressive stances in the name of Islam is fairly long. The council opposed family planning. It declared the Women’s Protection Act 2006 as un-Islamic that provides relief to rape victims and opposed DNA as primary evidence in rape cases. It challenges the Family Law Ordinance that make mandatory for men to seek permission from the first wife in case of second marriage. “We wish to make it clear to the government that people of Pakistan who believe in gender equality and HR will not allow anyone to play with the lives of our children and women in the name of Islam. We urge all those who believe in the vision of Quaid-i-Azam’s progressive and democratic Pakistan that it is high time that we play our role by rising to challenge the decadent version of Shirani’s Islam that threatens the health and lives of our children and women.”

©2014 www.alhasan.com 22

A Justice that is Juvenile By Saad Rasool The Nation April 6th, 2014

Under common law – the system of legal dispensation followed deemed capable of possessing the necessary mens rea for an in most countries around the world, including Pakistan – there offence, unless it is established that such child “has not are two basic ingredients necessary to prove the commission of attained sufficient maturity of understanding to judge the nature a criminal offence: 1) actus Reus, and 2) mens rea. In general and consequences of his conduct.” A Full Bench judgment of terms, the first of these two – the actus Reus – is the physical the honorable Lahore High Court, in the case of Farooq Ahmed act (or omission) of committing the offence. The second – v. Federation of Pakistan (PLD 2005 Lahore 15), struck down mens rea – is the corresponding requisite intent, necessary for the law as being unreasonable, unconstitutional, and offending proving that the alleged offender had desired to commit the the very fabric of age-old principles of criminal justice. said offence. And in a chain of unbroken precedents, dating The question that begs answering, therefore, is that if our back hundred of years, common law courts have held that only legislative provisions as well as jurisprudential ideology, leaves when the actus reus and the mens rea are both present, can a no doubt as to the correct position in law, how and why was an person be convicted of a criminal offence. FIR registered, and case proceeded, against 9 month old This fundamental idea in the criminal justice system – heck! – Musa? Is our law enforcement, the very instrument through in common sense – did not feature into any consideration, which the criminal justice system is implemented in our land, either with the law enforcement agencies or with the district really as clueless as to the mandate and contours of the law? judiciary when, on 1st February, 2014, the Muslim Town Police Is there any training that the police officer – especially at the Station, registered an FIR against, inter alia, nine-month old Thana level – goes through, in terms of the provisions and Musa, for offences including attempted murder . As it mandate of Criminal Procedure and Penal Code? Do they transpired, Musa was booked with around 30 others co- receive instructions about the due process of investigation? Are accused, for throwing rocks at gas company officials who were they taught the codal formalities of the legal regime, under carrying out an anti-theft inspection in the low-income Ahata which they dispense their uniformed duties? Is the lower Thanedaran neighborhood of Lahore. Inspector Kashif judiciary really so ignorant about how to apply and enforce the Muhammad, who attended the alleged crime scene, wrote in principles of our jurisprudence? Did they learn nothing from his investigation report, that it was a case of “attempted their training in the red-brick building of Punjab Judicial murder.” Musa made his court appearance on Thursday, crying Academy? Or is the curriculum and oversight of the Academy, in the arms of his grandfather, Yasin, who is a 50-year old while operational in name, of no real consequence to the laborer. Additional District and Sessions Judge, Rafaqat Ali improvement and reform of our judicial intellect? Did no one in Qamar, granted “bail” to the child (who could not sign his the police station (at the time of registration of the FIR), or in name, of course, and started to cry as his thumb imprint was the law chambers (at the time of engaging a legal counsel), or taken). The learned judge did not have the wisdom or the in the courtroom (at the time of granting bail to Musa), have the knowledge to dismiss charges against Musa, whose trial, along sense, nay, the humanity to scream and point out the mockery with other co-accused, shall commence on the next date of of the entire process of law? hearing, 12th April, on charges of planning the murder, There can be no doubting the fact that we live in troubled threatening and interfering in affairs of the State. times. As a nation, we are in the clutches of unprecedented Almost all criminal justice systems provide an unqualified violence and terrorism, and the strategy of the state to solve immunity to children below a certain age to be prosecuted for the problem has now been reduced to shaking hands with the criminal offences. The self-evident wisdom behind this murderers. We have a criminal justice system that is not only jurisprudential ethos rests in the consummate belief that inefficient in encountering the surge of violent crimes, but is children (under a certain age) are incapable of formulating the also broken in effectively bringing the perpetrators to justice. mens rea (intent) necessary for the commission of a criminal We have a legal regime that allows minors (Rimsha Masih) to offence. Swearing fidelity to this cardinal principle, the Pakistan be charged with crimes that are punishable by death. We live in Penal Code 1860 (PPC) unequivocally states, in section 82, an age when intelligence agencies live outside the empire of that “nothing is an offence, which is done by a child under law, and our superior judiciary over the past few years (under seven years of age.” Furthermore, section 83 of the PPC the able stewardship of now retired Iftikhar Chaudhary) has declares that nothing is an offence done by a child between been consumed with the headline cases. And in this quagmire seven and twelve years old“who has not attained sufficient of debilitating issues, Musa, Rimsha Masih, the silent victims of maturity of understanding to judge of the nature and acid violence, of karo-kari incidents, and those bearing the consequences of his conduct on that occasion.” The provisions brunt of plain old oppression by the waderas/elites, are slipping of section 82 and 83 of the PPC show that a child, below the deeper into the quicksand of their circumstances. age of seven years, is incapable of committing an offence If there is one issue, just one singular problem, that our State, because he is a doli incapax, incapable of forming or its law enforcement, and perhaps most importantly our possessing the necessary mens rea for any offence. judiciary, must purposefully and immediately address, it is to The superior courts of Pakistan, at numerous instances, have infuse efficiency and confidence into the dispensation of reinforced their commitment to this ideology. A prominent criminal justice. Only a rethinking of our legal paradigm, example of this commitment was demonstrated when the reinvesting in our law enforcement capacity, a retraining of our courts struck down the Juvenile Justice System Ordinance lower judiciary, and a reinforcing of our judicial ethos and (Federal Ordinance No. XXII of 2000), which stipulated that a resolve, can fix the rot in our national soul. And this process, of child between the ages of seven and twelve years shall be crawling back to the light, must start yesterday!

©2014 www.alhasan.com 23

The Musharraf trial By: MAK Lodhi The Nation April 24, 2014

In a democratic polity, difference of opinion is embodied in the and crew was not allowed to land despite its fuel having almost very nature of the system. There are always two or more ways to finished. The life of all the people travelling in the PIA flight was look at an issue or a set of problems. One of the burning issues in real danger. the country faces these days is the trial of former military ruler Gen (r) Pervez Musharraf. He is in the dock and a special court The act amounted to an attempt to murder. The army acted well is holding his trial. But the issue has already rent apart the legal in time to save their boss and other passengers as well. They corridors to become a major irritant between the establishment think the prime minister is indeed empowered to remove an army and the political government.It is indeed true that the head of the chief but could he just kick out an army chief like that? Hundreds democratic government, Prime Minister Nawaz Sharif, was tried of people are removed unjustifiably and courts restore them. by a high court and sentenced to a term in jail during the Musharraf was forced to do what he did, goes the argument on Musharraf rule. Sharif was then pardoned and exiled. The event the other side. Nawaz Sharif was tried in the plane hijacking was just a repeat of an earlier episode of a similar nature. A case, awarded punishment and jailed (the case was reopened previous military ruler, Gen Ziaul Haq, had booted out a civilian later and he was exonerated). Opinion is equally and sharply government but it returned to power after eleven years.. Mian divided on the 2007 emergency as well. As this matter is in a Nawaz Sharif himself was returned to power by the people. And court of law, suffice it to say that both military and civilians hold there we are – history completing circles. Gen Zia died before he divergent views. It is said that if Indira Gandhi could impose could be tried. But Musharraf is in the dock. emergency in India, Musharraf could do so too.

There are three much debated points on which the military The issue swings to and fro. Even the judiciary remained divided, establishment and the civilians differ. First, Musharraf pushed as is the political stratosphere. At least some of the political Pakistan into the Kargil misadventure as COAS and brought an leaders, who shared power under Musharraf’s canopy, are untoward mini-war to Pakistan that Nawaz Sharif had to quell as opposing his trial. And the hapless people remain worried, not prime minister. Second, he arranged a coup against the Nawaz knowing who is right today and who was wrong yesterday. The government, an act of treason. Third, he suspended the question here is not who is more justified, but the truth in this constitution and imposed emergency rule in 2007. All three case is certainly opaque. However, there’s a third path too – allegations seem valid and reasonable at least from the civilian pragmatism. Leaders should be wiser after their earlier failures. viewpoint. Let’s see them from the other side as well. It is said They must realise what made them fall during their previous that in the Kargil episode, the former COAS had briefed the then stints. On compassionate grounds, Musharraf can be allowed to prime minister Nawaz Sharif more than once. The civilian leader go abroad to see his ailing mother. If he doesn’t return after filing had neither given full attention nor prohibited the implementation surety bonds in a court of law, let him be a fugitive in the eyes of of the plan categorically. the law. It would be only fair to say that the civilian government should focus on issues that direly need attention. Civil-military Pakistan could not imagine that the event would blow up on the shifts are part of politics in Pakistan. It is imperative for the prime world stage the way it eventually did. So, the military, whose four minister to remain firm in power as controversies weaken the writ generals were directly involved in the plan, feels that the onus of of the government. As the economic indicators of his the misadventure lay on the shoulders of the then prime minister dispensation show, he can out-perform the Musharraf-era who headed the government. They think Sharif had backed out economic boom. Musharraf will die his own death without a trial. when the event backfired. Let’s examine the second allegation. Ministers shouldn’t meddle in the military’s constituency; it still The unofficial military view is that Musharraf was on an official considers Musharraf a fallen hero. Nawaz Sharif should also be visit to Sri Lanka as army chief and in that position he was aware of political double-speaks like former president Asif Ali travelling back home when he was removed unceremoniously. It Zardari who can lead him up the garden path and ditch him. Not is argued that, as he was mid-air, how could he order a coup? It slogans but deeds of his ministers will make PM Nawaz Sharif is also taken as fact that the civilian plane carrying passengers the ultimate winner.

©2014 www.alhasan.com ca

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ا� و�ق � �رى � � �: ا�ر� �ا� (ا�ں) �ھ �� �رٹ � �ف � �م اى � ا� � �� � در�ا� � �� 7 � � �ى � دى۔ � � � � اور � �ہ �از �رق � � دو ر� � � �ف � �م اى � ا� � �� � در�ا� � �� �۔ ا�ر� �ل �ن ا� � � �� ا�ر � � ا� اس � � � �� ا� روز � � � �ل‘ �ف � �م اى � ا� � �� � � �� وہ �رى � � �، �ا� ا� اس � � د�� د� � � �رہ روز � � دے �� �و� �ف � و� �� �وغ � � �� � �رہ روز � � در�ا� � ��7 � � �ى � � �� � �، �� � دوران � � د� � �ا� اور �ف � و� �� �وغ � اور ا�ر� �ل �ن ا� � � �رہ روز � دو�رہ �� � ا�ق را� � � � � �ھ �� �رٹ � 7� � �� �ى � دى۔ �ت � � آ�ہ �� � ا�ر� �ل �ن ا� � �و� �ف � �م اى � ا� � �� � در�ا� �ا� و� � �ف د�� د� �۔ 24 ا��2014 �ف �ارى �: 'ا� آ� اے � ا�م آ�د: �� �ر �ل (ر) �و� �ف � و� �� �وغ � � �ارى � � د�� د� �� � � �� �رٹ � ا� �ں � �دى �ق � � ��ن � ��� �ار د� �، و�ق � �� � ا� آ� اے � ر�رٹ �ا� � �� �� � � �۔ڈان �ز � �� �و� �ف � �ف �ارى � � �� �ا� � 'ر�رٹ �ا� � �� �� � �� � دوران ان � و� �وغ � � �ا� � ا�� � � �� �ا� � دے � �ا������ �� ا� آ� اے ر�رٹ � د� � �� �۔ا�ں � � � �� �ا� � �� � ��رٹ � ا�رات �� �، �ا� ا� ا�رات ا�ل �� � ر�رٹ � �� � � �رى �ے۔�وغ � � � � � آ� � ڈان �ز � �ف �ا� � �ى � � �، �� �رٹ � ا� �ں � �دى �ق � � ��ن � ��� �ار د� �، و�ق � �� � ا� آ� اے � ر�رٹ �ا� � �� 24 ا��2014 �� � � �، � ر�رٹ � �� � دى � � � وہ �م � �ں �� � ر� �۔�وغ � � � � � � ر�رٹ �� � � � ا�� � �ا�ں � �ح �ر � ��، ا� �ا�ں � �� د� � � � �ا ر�رٹ � ��ہ � �ورى �۔ا�ں � � � و�ق � � �� � � � � د�و�ات �� �دى �، ا� آ� اے � ر�رٹ � � � � � �� � �ن � د�و�ات ر�رڈ � �۔�وغ � � � � ا� آ� اے ر�رٹ � � اب � �� وا� �ا� �� �۔� � �ب � � � � ر�رٹ آ� � � ا�ا�ى ر�رٹ � � � � �� �، ا�ا�ى ر�رٹ �ف � � �� � � �� � �� � � � � �۔�وغ � � � � ا�ا�ى اور � ا� � � � �، ر�رٹ د� � � ا�ازہ �� � � � � �م �ا� �ا� � �� � �� � �؟�وغ � � � � �و������ �� � �ا� د� � �د �م �� �ادى، � ا�ف � � ��� �، د�و�ات � ر� �� � � �روں � �م �ازن � �ادف ��، �ں �ا� � �م �ا� آ� � �ف ورزى �، ا� � �ا� � �ا � �� � � � �� ا� � � از�� �ا� ��۔

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�� � � �ا� � �اہ ِ را� �و� �ف � � � � وہ � � �ے � �� � � � �ب � �م � و� � � � �� ��� �� � � �د ْ � �م �� �� و� �م � ا� � � �ا �� �� � اس � وہ �و� �ف � � � وہ �ے � ��۔ �ف ا� � � �ے �� � � � � � � ��د � � ��ہ �ر � �د ْ ��م �ھ � ْ �� �ا� � �و� �ف � اس �د ْ ��م � اْن � د� � � اور اْ� ا� د�ع � �� � ا�زت دے دى۔ � �ا������ �� ا�م � � � � اْ� �و� �ف � و�دارى � �� � �۔ اْ�ں � �� ا�� � �ف � �و� �ف �� آر� � � ر� �، ا� � �ار � � � � � م � و� اس � �ارى � �� � ر� �۔ ا�م � � � � � �ا� � �� �ارى � � آ� � � �� �۔

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Legal Directory

GOVERNMENT DEPARTMENTS Advocate General Punjab Attorney General of Pakistan Lahore Panjab Lahore Punjab 0092-42-9212351 0092-42-9212315, 9212357 0092-51-92144742 Balochistan High Court DISTRICT & SESSIONS COURT, LAHORE [email protected] [email protected] Www.bhc.gov.pk Www.lahore.dc.lhc.gov.pk Queatta Balochistan Lower Mall Road, Lahore 0092-81-9202077 Lahore Punjab 009281-9202784 0092 42 37354487 0092 42 99210131 DISTRICT & SESSIONS COURT, Karachi Deputy Attorney General of Pakistan Www.districtcourtssindh.gos.pk Lahore Punjab N5, Malir 0092-42-9212345 Karachi Sindh 0092-21 34512424 DISTRICT & SESSIONS COURT, Peshawar Federal Shariat Court of Pakistan [email protected] [email protected] Www.sessionscourtpeshawar.gov.pk Www.federalshariatcourt.gov.pk Judicial Complex, opposite PC Hotel, Khyber Road Peshawar KP Constitution Avenue G 5/2 0092-91-9210099 Islamabad ICT 0092-91-9212419 0092-51-9203091,9205911 0092-51-9203448 High Court Bar Association Peshawar High Court Bar Association Karachi Www.peshawarhighcourt.gov.pk Www.sindhhighcourt.gov.pk Law, Parliamentary Affairs & Human Rights Department, Civil Secretariat Near Passport Office Saddar & Sindh Secretariat Karachi Peshawar KP 0092-21-5689589, 5689606 0092-91-9210145

High Court Bar Association Lahore High Court Bar Association Multan Www.lhc.gov.pk Multan Punjab Shahra-e-Quaid-e-Azam 0092-61-9201195 Lahore Punjab 0092-61-9201194 0092-42-7235724, 7224734 High Court Bar Association Bahawalpur High Court Bar Association Rawalpindi Bahawalpur Punjab Rawalpindi Punjab 0092-62-2887126 0092-51-5522715, 5518432

Human Rights Commission of Pakistan Lahore High Court [email protected] Www.lhc.gov.pk Www.hrcp-web.org Shahra-e-Quaid-e-Azam Aiwan-I-Jamhoor, 107-Tipu Block New Garden Town Lahore Lahore Punjab 0092 42 99212951-66 0092 42 35838341 0092 42 35883582 Law & Parliamentary Affairs of Balochistan Law Department of KPK [email protected] [email protected] Www.balochistan.gov.pk Www.khyberpakhtunkhwa.gov Block No: 11, 2nd Floor, Civil Secretariat Zarghon Road Quetta Law, Parliamentary Affairs & Human Rights Department, Civil Secretariat Balochistan Peshawar KP 0092-81-9201020 0092-91-9210023 0092-81-9201867 0092-91-9210044 Law, Justice, Parliamentary Affairs of AJK Ministry of Defence [email protected] [email protected] Law.ajk.gov.pk Www.mod.gov.pk Law, Justice, Parliamentary Affairs Department of AJK,NULL Ministry of Defence Muzaffarabad Regional Islamabad ICT 0092-5822-921096 0092-51-9271107 0092-5822-920136 0092-51-9271113 Ministry of Law & Justice National Accountability Bureau [email protected] [email protected] Www.molaw.gov.pk Www.nab.gov.pk Pak Secretariat- S-Block National Accountability Bureau (NAB) ATTATURK AVENUE G-5/2 Islamabad Islamabad ICT ICT 0092-51-9211278 0092-51-111-622-622 0092-51-9201722 0092-51-9214502-03 National Database & Registration Authority National Trust for Population Welfare Info@nadra,gov.pk [email protected] Www.nadra.gov.pk Www.natpow.org.pk NADRA State Bank of Pakistan buildingshahrah-i-Jamhuriat, G-5/2 House# 358, Street # 37, F11/3 Islamabad ICT Islamabad ICT 0092-51-9267004-5 0092-51-111 786 100 0092-51-9217266 0092-51-9205803 Pakistan Bar Council Islamabad Pakistan Bar Council Lahore Islamabad ICT Lahore Punjab 0092-51-9206805 0092-42-7322773 0092-51-9206922

Peshawar High Court Punjab Bar Council [email protected] Lahore Punjab Www.peshawarhighcourt.gov.pk 0092-42-7244127, Khyber Road Peshawar KP 7354344

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0092-91-9210149-58 0092-91-9210170 Society For Enforcement of Rule of Law Sindh High Court [email protected] [email protected], [email protected] Www.serl.pk Www.sindhhighcourt.gov.pk Near Passport Office Saddar & Sindh Society For Enforcement of Rule of Law Office No.17, 2nd Floor, Masco Secretariat Plaza, 64-W Blue Area. Islamabad ICT Karachi Sindh 0092-21-2206222 0092-21 99203151-9 0092-21-2270961 Ext. 280 0092-21 99203221, 99203224 Sindh Bar Council Standing Council Lahore Karachi Sindh 0092-427231880 0092-21-5889183 Supreme Court of Pakistan Supreme Court of Pakistan Bar Association [email protected] Www.supremecourt.gov.pk Www.supremecourt.gov.pk Constitution Avenue Constitution Avenue Islamabad ICT Islamabad ICT 0092-51-9220581-9220600 0092-51-9206247 0092-51-9213452 0092-51-9209390, 9214862

UNIVERSITIES AND COLLEGES Azam Chaudhary Law Associates 0 Frontier Law College Dera Ismail Khan [email protected] Frontier Law College Dera Ismail Khan KPK www.acla-law.com 0092-966710339 Azam Chaudhary Law Associates H.No.5, St. No. 9 F-8/3. Islamabad Federal 0092-51-2253310 0092-51-2260634 Frontier Law College, Peshawar, Pakistan . Luqman College of Law and Sciences Affiliated with . [email protected] [email protected] www.luqmancollegeoflaw.blogspot.com www.flc.edu.pk Castle Nawab ,Allah Nawaz Khan North Circular Road, Frontier Law College, Building, Pajaggi road, peshawar city D.I.Khan KPK 0092-91-9280192 Peshawar KPK 0092- 0300 8583625 0092-91 5273511 National Defence University Pakistan Institute of Pluralism [email protected] Peace & [email protected] Institute of Pluralism, www.ndu.edu.pk Peace & Security 199-A, ST. 50, F-10/4, Shaheen Chowk, Service Road E-9 Islamabad ICT Islamabad ICT 0092-334-5415044 0092 51 9262066-8 0092 51 9263479 HUMANITARIAN ORGANIZATIONS Action for Peace and Sustainable Development AGHS Legal Aid Cell [email protected] [email protected] www.apsd.org.pk www.aghsblog.wordpress.com/contact-us/ Bangulow no C-18, Prince Town, Phase II, Qasimabad Hyderabad Sindh 131 E/1 Gulberg III Lahore Punjab 0092-334-3713566 0092-42-5763234 0092-42-5763236 Awareness on Human Rights, Social Development and Action Society Center for Peace and Development [email protected] [email protected] www.ahsaspk.org www.cpdbalochistan.org AHSAS-PK Office, Flat No. 108, 1st Floor Muzamil Square, Phase-I B-05, Shahbaz Town Phase II Quetta Balochistan Shahbaz Town Quetta Balochistan 0092-81-2832839 0092-812-302042 0092-812-302042 Centre for Peace and Civil Society Sindh Centre for Peace and Justice Pakistan [email protected] [email protected] A-89/11 gulshan-e-Sahar Wadhu wah Qasimabad Hyderabad www.cpjp.org Sindh Block no 12, DHA, Gulistan-e-Johar Karachi Sindh 0092-222-106074 0092-222-652401 0092-333-7581238 Child Rights Legal Centre Citizen Legal Aid & Complaint Cell [email protected] [email protected] www.crlc.info M-25, Raffi Shopping Mall, Main National Highway Malir Karachi Sindh House 112, Street 110, G 11/3, Islamabad Federal 0092-21-35443171 0092 51 2221657 0092 51 2221628 Criminologists' Association for Reform and Education Female Human Rights Organization [email protected] [email protected] 84, F.B.Area Block No.8 Karachi Sindh www.fehroswatpk.org, 0092-21-6329898 0092-21-4968510 www.wbcpk.com House No 1448 st#33 G11/2 Islamabad Federal 0092-301-8054181 Fundamental Human Rights & Rural Development Association Global Peace Pioneers [email protected] [email protected] www.fhrrda.org www.globalpeace.net.pk Mashori house ward no 4, Golrachi Taluka Golrachi House #351, Street #15, Sector G-10/2 Islamabad ICT Badin Sindh 0092-297-725509 0092-297-853401 HUMAN RIGHTS SOCIETY OF PAKISTAN International Human Rights Observer [email protected] [email protected] Ahmed Arcade, 161-Ferozepur Rd Lahore Punjab www.ihro.org.pk 0092-42 37570257 0092-42 37570256 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 Just Peace Initiatives Iqbalian Commission For Human Rights Chember No.211 Zila kachehri. [email protected] Sialkot Punjab www.justpeaceint.org 0092-432-595070 T-772 Hassan Street, Backside VIP Guest House, Old Bara Road, University

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Town, Peshawar KPK 0092-5703785 0092-5845571 Justice & Peace Commission Justice & Peace Commission [email protected] [email protected] Justice & Peace Commission Naqshband Colony, ward No 21,House Justice & Peace Commission Naqshband Colony, ward No 21,House No1027/D-1,G.P.O.Box No 175. Multan Punjab No1027/D-1,G.P.O.Box No 175. Multan Punjab 0092-61-220493 0092-61-220580 0092-61-220493 0092-61-220580 LAWYERS FOR HUMAN RIGHTS & LEGAL AID LAWYERS FOR HUMAN RIGHTS & LEGAL AID #702, 7th Floor, Muhammadi HouseI.I. Chundrigar Road Sindh #702, 7th Floor, Muhammadi HouseI.I. Chundrigar Road Karachi Sindh 0092-21 0092-21 32412978 0092-21 32417262 32412978 0092-21 32417262 Manangment And Governance Network Society National Commission for Justice and Peace [email protected] [email protected] www.magnets.org.pk E-64/A, St #8, Officers Colony Walton Road Punjab Milatary Road Bi-pass Near Blue line Bus Stop Bashirabad Sukkur 0092-423-6668692 0092-423-6655549 Sindh 0092-71-5633832 0092-715633832 National Commission for Justice and Peace Organization for Development and Peace [email protected] [email protected] E-64/A, St #8, Officers Colony Walton Road Lahore Punjab www.odpmpk.org 0092-423-6668692 0092-423-6655549 House # 1020/B, Street No :2, Naqshband Colony, Khanewal Road Multan Punjab 0092-61-6018513 0092-61-6521694 Organization for Peace and Development Pakistan International Human Rights Organization [email protected] [email protected] www.opdpeace.org www.pihro.org/contact.php House # 100, Street # 10, B-Block, Near Stitch Craft Factory, 12-D, 2nd Floor, Rehmat Plaza, Nizam-ud-Din Road , Blue Area Islamabad Youhanabad, Feroze Pur Road Lahore Punjab Federal 0092-42-5270207, 0092-42-5027814 0092-42-5270207 0092-51-2828791 0092-51-2872092 Pakistan International Peace and Human Rights Organization Pakistan International Peace and Human Rights Organization [email protected] [email protected] www.piphro.org www.piphro.org P.O Nindo Shaher Badin Sindh P.O Nindo Shaher Badin Sindh 0092-297-745924 0092-297-745924 Peace & Development Foundation Peace & Development Foundation KPK [email protected] [email protected] 126-F/ A-1, Gulistan Colony,Old Bahawalpur Road, Multan Punjab www.pdfpk.org 0092 345 727 2269 PDF,Offoc Opp.Deans Apparments Old Bara Road Uniersity Town. Peshawar KPK 0092-91-5701424 Peace and Development Forum Peace and Development Organization [email protected] [email protected] Thall Road near Degree college (M) Hangu City HANGU KPK www.pado.org.pk 0092-925-525670 0092-925-620230 House 15 B(4), Old Jamrud Road, University Town, Peshawar NULL KPK 0092-300-5928964 Peace by Youth Sindh Peace Education and Development [email protected] [email protected] www.py.org.pk www.pead.org.pk Mangria Colony, Near Old NIC Office, Sheedi Muhallah P.O Box 2524 GPO Islamabad ICT Jacobabad Sindh 0092-345-5348018 0092-333-3405055 0092-722-654803 Peace Foundation Peace Heart Foundation [email protected] [email protected] www.peacefoundation-pak.org www.phfpak.com House No.151, Pak Colony, Umer Kot Raod Mirpurkhas Sindh\0092-233- P.O Nindo Shaher, Near Abra House Nindo Shaher Badin Sindh 876239 0092-233-876239 0092-297-738918 0092-297-738918 Peace Social Welfare and Educational Organization Peace Through Prosperity [email protected] [email protected] www.peacengo.webs.com www.bringptp.com VIP Road ,Lahori Muhallah Larkana NULL Sindh Ho.No.107 St# 49 F11/3 Islamabad ICT 0092-74-4040035 051 8437489 PEACE WorldWide SAHER Arts For Peace And Sustainable Development Balochistan [email protected] [email protected] www.pww.org.pk Quetta Road Dera AllahYar PEACE WorldWide P.O Box # 1835, GP Jafferabad Balochistan Islamabad ICT 0092-838-510938 0092-838-510448 0092 51 410 2021 Society for Advocacy, Management and Justice Society for Human Rights and Prisoner's Aid [email protected] [email protected] www.samajorg.page.tl www.sharp-pakistan.org samaj organization near waqar medical Tahsil Road Dera Allah Yar H # 279-A Nazim-Ud-Din Road, sector F 10/1 Jaffarabad Balochistan Islamabad ICT 00923453821043/ 0838510750 0092-51-221-1621 0092-51-221 2773 Society for Mobilization, Advocacy and Justice Balochistan Society for Peace Building Research and Integration of Normative Gender [email protected] www.smaajpk.org [email protected] House No: 9 – C Afzal Banglows Sipiny Road Quetta Balochistan www.spring.btck.co.uk 0092-081-2824670 0092-81-2824670 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 South Asia Forum for Human Rights – Pakistan [email protected] D-3/1, Block 7, KDA Scheme 5, Clifton Karachi Sindh Pakistan Public School, Gurmani Town, Tehsil Kot Addu 0092-21-35830418 Muzaffargarh Punjab 0092-66-2040598 Sustainable Peace and Development Organization Youth Commission for Human Rights [email protected] [email protected] www.spado.org.pk F-6, Capri Center, Firdos Market, Gulberg-3 / House No.122, St.3, PADO (Head Office) House No: 277, Street 6, F 10/3 Officers Colony, Cavalry Ground, Lahore Cantonment Lahore Punjab Islamabad Federal 0092-42-5850104 0092-51-2293658,

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