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Posts Tagged ‘2009’

Is Government planning another dirty game?

October 16, 2010 6 comments

We have seen some interesting developments in last 4-5 days including NRO case and government deceptions, government sponsored rifts between lawyers and we also need to look at this in Supreme Court Bar elections and now the notification issue.

PPP leaders including PM gillani have given statements in the past regarding the March 2009 restoration notification . Circles in PPP have been talking about it as a possible card to counter the judiciary. PM also hinted this in parliament when he said that the restoration order is still needed to be endorsed by the parliament.

Its good to see that media , civil society and judiciary are alert on this issue. SC has clearly said that a move like this will be termed as high treason and will be dealt with according to Article 6 of the constitution.

Our ruling elite doesn’t want Supremacy of Law and Constitution based on justice and equality. They want a rule of elite including feudal-corporatist politicans and military establishment. They only know how to serve their greed and the will of their imperialist masters.

It seems our government is planning another game. They want to come out of this situation as victims as they are not able to government properly. It will be on judiciary, media and civil society to ensure accountability and justice to prevail.

We as civil society should keep ourselves ready for any attempt to again create a constitutional crisis. The struggle for Rule of Law must go on all grounds. We all need to play our part and the least thing can be done is not to support the evil.

Also there is a planning of North Waziristan Operation going on . The decision will further damage the federation and will result in more terrorism as we have seen in the past.

PAKISTAN: Zarina Marri has been missing along with 429 persons since December 2005;The life of a disappeared student leader is in danger–>AHRC

February 8, 2010 2 comments

After the 18th February 2008 elections it was expected that the newly elected government would try to improve the human rights situation and give some relief to the families of victims. But this proved to be another shattered dream of people blinded by their faith and hope, which soon turned into disbelief on the system for many.

It is amazing that in the time of elected government with new army chief and intelligence chiefs no actions were taken against those involved in these illegal and inhuman activities during the former dictator’s rule.

The statements by the Asian Human Rights Commission given below raises more questions about the seriousness of our government to solve the issue of missing persons.

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PAKISTAN: Zarina Marri has been missing along with 429 persons since December 2005

Source : http://www.ahrchk.net/statements/mainfile.php/2009statements/1855/

FOR IMMEDIATE RELEASE
AHRC-STM-020-2009
January 23, 2009

A Statement by the Asian Human Rights Commission

PAKISTAN: Zarina Marri has been missing along with 429 persons since December 2005

The Asian Human Rights Commission has received further details in the case of Ms. Zarina Marri, a 23-year-old schoolteacher from Balochistan province, who has been held incommunicado in an army torture cell at Karachi, the capital of Sindh province and used as a sex slave, please see our statement; http://www.ahrchk.net/statements/mainfile.php/2009statements/1843/

The officials of the education department of Kahan have disclosed that Ms. Marri was a teacher at a government middle school in Kahan, Kohlu district, she was registered as Zarina Bi Bi and she was trained as a Junior Vocational Teacher. She was among those people who were transferred from Kohlu, Kahan, Sibi, Hernai, Much, Kohlo, Dera Bugti, Sabsilla, Bhambhoor, Loti, Dhaman, Pir Koh, Spin, Tangi, Babar Kach, Tandori and Sangan of the Balochistan province during December 2005 and July 2006 when the military government of the then President/General Musharraf was using aerial bombardments to defuse the nationalist movement of Balochistan against the construction of cantonment areas. On 14 December 2005, paramilitary troops accused the people of the area of firing eight rockets at a paramilitary base on the outskirts of the town of Kohlu, a stronghold of the Marri tribe, while President Pervez Musharraf was visiting it. After the visit of President/General Musharraf, within three days of the rocket firing incident, the paramilitary forces began attacking vast areas including the Kahan. It is reported in the media that the military government used the Pakistan air force for bombarding the area. During the fighting between local nationalist militants and the government forces particularly, due to the aerial bombardments, the local population started migrating to other places including to Punjab and Sindh provinces. Please also see urgent appeal of AHRC;
http://www.ahrchk.net/ua/mainfile.php/2006/1872/ dated July 21, 2006.

After some days around 429 persons left the Kahan, district Kohlu, and migrated towards Dera Ghazi Khan district, Punjab province, Zarina Marri and her parents were also among the caravan. Since then there is no trace of the caravan of 429 persons. After some months people tried to search the missing people and some army officers deputed at the Kohlu district told the people of the area that so many persons were killed in the fighting between the government forces and militants and also in aerial bombardments. But after the revelation from Mr. Munir Mengal, managing director of Baloch language television channel, to Reporters without Frontiers (RSF) that Zarina Baloch was in military torture cell at Karachi and was forced in to sexual slavery, the concern of the people of Kohlu, Kahan, and Dera Bugti has risen about the people of the 429 persons which includes more than 70 women, including many young women, who may be used as sex slaves by the Pakistan military.

The government of Pakistan has still not initiated any serious efforts to investigate the case of Ms. Zarina Marri, despite, of continuous demonstrations in several parts of the country including, Islamabad, capital of country for the recovery of Zarina Marri from the military torture cell at Karachi and halting the business of making young Baloch women work as sex slaves by the Pakistan army. The government’s ignorance of the serious crimes by the military officers during Musharraf’s regime is evidence for the people in the country that the present government still does not have the power to investigate the military misdoings.
The case of Miss Zarina Marri has ignited the narrow nationalist and secessionist feelings of the ethnic Baloch nation which can easily turn into a bloody mutiny against the state if the cases of sex slavery by the military torture cells are not investigated. The Asian Human Rights Commission urges the government to initiate a probe for the recovery of 429 people who are missing since December 2005. The government should also bring the persons who made Marina Marri work as a sex slave before the law regardless of how powerful they are or whether they are military persons.

For further information please see:

http://www.ahrchk.net/statements/mainfile.php/2006statements/708/

http://www.ahrchk.net/statements/mainfile.php/2006statements/715/
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PAKISTAN: The life of a disappeared student leader is in danger
Source : http://www.ahrchk.net/statements/mainfile.php/2009statements/2400/
FOR IMMEDIATE RELEASE
AHRC-STM-022-2010
February 4, 2010

A Statement by the Asian Human Rights Commission

PAKISTAN: The life of a disappeared student leader is in danger

The life of a student leader who was arrested by state intelligence officials is in danger. It is apprehended that he might have been killed. The government of Balochistan says that he was released on January 22, 2010, but his family members have said that he has not yet returned home. They have inquired after him at all local police stations, asking if he was booked under another case, but have not been able to find him.

Mr. Zakir Majeed, a student leader, was allegedly abducted by state intelligence agents on June 8, 2009 from Mastung, near Quetta. Majeed is the senior vice chairperson of the Baloch Student Organization, Azad. His alleged abductors drove up in two cars without number plates and asked the young man a few questions, saying that they were intelligence agents.They took Majeed away with them in their cars without making any charges. One car was a Toyota Vego, the other a Toyota Surf SSR. After UN Special Rapporteurs on Disappearances wrote letters about Mr. Majeed’s disappearance, his release was announced by the National Crisis Management Cell (NCMC) For more details of the case, please see the following link, dated June 10, 2009; http://www.ahrchk.net/ua/mainfile.php/2009/3175/.

The UN Working Group on Enforced or Involuntary Disappearances (WGEID) has taken up Mr. Majeed’s case after the submission of the WGEID form by the AHRC. After an intervention was made by the WGEID, the government announced on January 22, 2010 that Mr. Majeed had been released. The Balochistan High Court also ordered that an FIR (First Investigation Report – a legal document for police investigation) be filed for Mr. Majeed. Until this point, the police refused to register the young man’s disappearance, and a case of habeas corpus was up for regular hearing before the High Court of Balochistan. On January 27, 2010, a police official at Khuzdar Police Station of Balochistan, asked the younger brother of the victim, Mr. Waheed Majeed, to file the FIR before the Mastung Police Station. He did so, but the FIR was not entertained. After an intervention was made by higher-ranked police officers, the FIR was finally lodged. On February 2, 2010 Mr. Aslam Bizenjo, Provincial Minister for Irrigation telephoned Mr. Waheed to inform him that according to the list provided by the NCMC, his brother had been released. The Provincial Minister then asked him to speak with Mr. Akbar Durrani, the Home Secretary of the Balochistan government for further details. The Home Secretary confirmed that Mr. Zakir Majeed had been released on January 22, according to the NCMC list published on its website.

These conflicting pieces of information about Mr. Zakir Majeed’s disappearance have created a great deal of confusion in the minds of Mr. Majeed’s family and the human rights activists who are working for his release. In many past cases, the bodies of the disappeared have been found abandoned on roadsides after courts have ordered for their release, or family members of the disappeared person in question testified in courts that the arrest was done by intelligence agents.

The Asian Human Rights Commission urges the provincial government of Balochistan and federal government of Pakistan to secure the safe release of Mr. Zakir Majeed immediately. Since government officials have already confirmed Mr. Majeed’s safe release, we call upon these officials to be held accountable for these confirmations of safety, and urge these officials to take direct action to reunite Mr. Majeed with his family.

Enforced disappearances of civilians and the perpetual lack of thorough investigation by state officials has become so common that the sanctity and dignity of each human life is being ruthlessly compromised in the name of personal or professional gain. The AHRC calls upon the government of Pakistan to take a strong stand against corruption at all levels of its justice system and take steps towards rebuilding the rule of law in the country.

Human Rights, Missing Persons And The Elected Government

January 12, 2010 1 comment

Justice Javed Iqbal in his statement few days ago rightly pointed out to the fact that cases like missing persons pose real threat to democracy not the verdicts of Independent judiciary.  In his statements he further criticized the performance of the government institutions. He said no government institution is working properly and the system is on the verge of disaster. He further said someone had to intervene to save the system and huge cry was raised every time when court does it.

The issue of missing persons is considered as the main reason behind the attempted removal of CJP Iftikhar Chaudhary twice by Musharraf’s government. According to HRCP estimates there are 198 reported missing persons since 2007 out of which 66 are from the deprived province of Baluchistan. The estimated figure of unreported cases is much higher. In a talk show recently Asma Jehangir, Chairperson of  HRCP told that in 2009 there were 30 new cases of missing persons came to their knowledge.

After the 18th February 2008 elections it was expected that the newly elected government would try to improve the human rights situation and give some relief to the victim families. But this proved to be another shattered dream of people blinded by their faith and hope which soon turned into disbelief on the system for many.

Not only that all the people missing are not recovered but this heinous crime of illegally abducting the people is going on and hurdles are being created to trace the already missing. In a recent television interview Dr. Fawzia Siddiqi , sister of Dr. Aafia Siddiqi said the real danger from the release of Dr. Aafia is felt by those who are part of this evil network which kidnaps people and sell them. It is amazing that in the time of elected government with new army chief and intelligence chiefs no actions were taken against those involved in these illegal and inhuman activities during the former dictators rule. Government is using delaying tactics in Dr. Aafia case and has showed it’s inability to take the case in International Court of Justice.

In war hit areas of NWFP the situation is probably worse than other areas as there is no free media access and also judicial authority is almost none in many areas due to military control. Not only young but old and aged are being picked up by the security institutions in the name of war against terror. In a case filed by Syed Iqbal Kazmi, representative in Pakistan of Human Right Commission South Asia (HRCSA), an eighty years old man Wazir was picked up by Mohmand Rifles on September 2, 2009.Mohmand Rifles personnel picked up Wazir alleging that his son was involved in terrorist activities. In another case police and intelligence agencies in a joint raid picked up Usman Ali on January 29, 2009 from his house on suspicion of having relations with Taliban. Baluchistan is also facing similar situation though 20 of missing persons were released on political pressure  But still there are many including people like Pasand Khan Mandai from Baluchistan Worker’s Party were picked up by agencies during 2009 and their cases are still pending.

The statement by Justice Javed Iqbal clearly reflects the growing sentiments in Pakistani Society about the current democracy. Justice Javed Iqball said,” What type of democracy do we have wherein fundamental rights of the people could not be ensured?” The remarks were given while he was heading a three-member bench of the apex court, hearing petitions of the Human Rights Commission of Pakistan (HRCP) and others.

It seems that current so called democratic government has completely failed to protect the rights of our people. The situation demands real seriousness and sincerity, it is already too late. People are already fed up with inflation, corruption, load shedding and same old deceptions and lies. Government needs to take some real measures to rectify it’s mistakes and the mistakes committed during the time of the former dictator Musharraf otherwise things will go to the point of no return.

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Over Rs193b loans written off in 12 years, SC told–>The Nation

December 27, 2009 Leave a comment

Source:http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/23-Dec-2009/Over-Rs193b-loans-written-off-in-12-years-SC-told

The Nation

By Zahid Gishkori

ISLAMABAD – The big guns of Pakistan got their over Rs 193.403 billion bank loans written off on the decisions taken by the financial teams of various governments from 1997 to 2009.
This shocking revelation was made in a report of State Bank of Pakistan (SBP) submitted before the Supreme Court. The report mentioned the names of those individuals and organisations who had got billion of rupees waived off causing a massive loss to the public exchequer and facilitating the privileged of the previous governments.
According to the list consisting bank-wise summary of written-off loans of 37 banks, that is also available with TheNation, the loans of around 19,711 individuals were written off within the period of last 12 years.
A three-member bench of SCP headed by Chief Justice Iftikhar Muhammad Chaudhry heard a suo moto case of Rs 54 billion written off loans case that has been pending in the apex court since November 2007.
“Over Rs 300 billion have been waived off by influential persons in the state as the arguments were being presented by the lawyers before the apex court,” the bench observed.
The SC started proceedings of the case on the request of a few citizens for public interest here on Tuesday. Chief Justice in his remarks said, “How will the looted money be recovered from the big guns of the country? Through which device can the public wealth be returned from the babus?” he questioned.
Criticising the government on failure of recovery from defaulters, he said the list of loans must be prepared at provincial levels so that cases of waiving off the loans in each province could be listed. He said court is ready to take on any resistance.
The court has directed the Governor SBP to sort out recovery mechanism of the loans waived off. It directed to hold conference with the presidents of other 37 banks to inquire about the loans written off during 1971 till date.
Dr Ishratul Hussain would be summoned to guide the court while taking u

Sanih e Mashriqi Pakistan–>Dr. AQ Khan on 1971 in Jang

December 23, 2009 6 comments

Dr. Abdul Qadeer Khan has written a must read thought provoking article on 1971 Independence of Bangladesh.

Monitoring by SC going on for years–>Ansar Abbasi report in The News

December 20, 2009 Leave a comment

Source: http://www.thenews.com.pk/top_story_detail.asp?Id=26187

By Ansar Abbasi

ISLAMABAD: The monitoring mechanism reflected in the Supreme Court’s landmark judgment for the accountability courts is well within the parameters of judicial functions of the Supreme Court and a practice that is going on for years.

However, the judgment has been grossly misinterpreted by some to show that it amounts to interference in the functions of the executive branch.

Independent sources in the Law Ministry confided to The News that all the special courts, set up in the past or are functioning right now in Pakistan, have been and are being monitored and supervised by the apex court, which adopts such monitoring mechanism to ensure that cases pending before the courts concerned do not get delayed unnecessarily.

The sources believe that those feeling uneasy with the monitoring mechanism announced in the Dec 16 judgment for the accountability courts are deliberately creating confusion to prove this judgment as a move by judiciary to interfere in the executive functions.

These sources said such elements are said to be oblivious of the fact that a similar monitoring mechanism is working in the apex court for anti-terrorist courts.

Even for high courts and the subordinate judiciary, a comprehensive monitoring mechanism is presently in place as part of the national judicial policy to ensure quick disposal of cases and to clear the backlog.

Following the government’s complaint that the terrorism cases are not timely pursued and result in increase in terrorism, the present Supreme Court under Chief Justice Iftikhar Muhammad Chaudhry had set up an effective monitoring system to keep a vigilant eye on the anti-terrorist courts so that no unnecessary delay could occur in such cases.

Under this monitoring scheme, Justice Javed Iqbal serves as a monitor for anti-terrorism courts of Sindh; Justice Khalilur Rehman Ramday oversees the ATCs in Frontier; Justice Nasirul Mulk supervises the Balochistan ATCs; and Justice Sardar Raza Khan is monitoring the performance of the Punjab ATCs.

Neither anyone had objected to this monitoring mechanism for the ATCs nor was any objection raised for such overseeing strategies adopted in the past for the special courts during the last three decades. However, the sources said a vested interest group is deliberately trying to create confusion for the monitoring mechanism evolved for the accountability courts by the Supreme Court.

In its latest judgment, which has unnerved many powerful and mighty in the government, the Supreme Court clearly said this mechanism is evolved to “monitor the progress and the proceedings in (NAB) cases”.

Since the NRO beneficiaries and their sympathisers were generally complaining that the cases terminated under the condemned NRO remained undecided for over 10 years, this mechanism was evolved to address these complaints and ensure the NAB accused get quick justice.

The NAB has been condemned by the NRO beneficiaries while the Supreme Court also found its incumbent chairman, the prosecutor general and the deputy prosecutor general incompetent. Therefore, the apex court judgment directed the Bureau to transmit periodical reports of the actions taken by them with regard to NAB cases to the Monitoring Cell of the apex court set up following the same order.

Interestingly, similar directions were given to all the provincial governments under the national judicial policy to ensure that the challans in criminal cases, pending before the lower or superior judiciary, are submitted by prosecution within the stipulated time period to avoid unnecessary delays in dispensing justice.

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NRO Trashed By Supreme Court

December 17, 2009 1 comment

In a remarkable judgment by 17 member bench headed by Iftikhar Chaudhary, Supreme Court of Pakistan has declared NRO as unconstitutional from the day of issuance.

As a result of this judgment all the cases closed by NRO are reinstated on the positions of 5th October, the day General (R) Musharraf issued the order of National Reconciliation Ordnance (NRO).

According to the judgment of SC 17 member bench the NRO is contrary to the equality of all citizens in front of the law guaranteed by the 1973 Constitution of Pakistan.

The historic judgment also says:

1) All the High Courts will make sure that cases reopened by this judgment get a fair trial, proper investigation and proper legal procedure.

2) Government is responsible to pursue the cases in Swiss court against Asif Ali Zardari and team.

3) NAB Chairman, Prosecutor General and Deputy Prosecutor General to be sacked and replaced by some other persons.

4) Government needs to take action against former Attorney General, Justice (R) Malik Qayum for writing unauthorized letter to Swiss court to withdraw cases against Asif Zardari.

During the proceedings Chief Justice also made clear that even parliament has no right to change the basic structure of the constitution.

The court has also shown displeasure on Acting Attorney General Shah Khawar and said he hide the truth.

The judgment is welcomed by a majority of legal community and civil society considering it another milestone towards to goal of real independent judiciary and rule of law.

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