A lot is being said about the Imran Khan contempt of court issue.
First thing which shouldn’t be done is to make the issue Imran Khan vs CJP Iftikhar Chaudhary or Supreme Court vs Pakistan Tehreek e Insaf. The main issue is rigging which is creating frustration and so the frustrated remarks. Second thing is that criticizing bad performance is our right as we also appreciate good acts and support judiciary or anyone when they are on the right side. Even if they give some bad decision in this case then it will be our right to criticize the decision or judges but at the same time we will not allow any 3rd November type thing by army against judiciary or constitution if they decided to exploit the situation.
The emerging scenario seems to be a dream scenario for Army,ISI, PPP,PML and NRO gang. I hope things will not go ugly and sanity will prevail. We all know what happened on the election day and how ROs and polling agents worked. If judiciary takes election rigging issue on merit then it will increase their respect and if they go with status-quo forces then same status-quo forces will exploit the issue for their benefits.
We need to stand with justice and not mere individuals. I hope sanity will prevail.
ISLAMABAD: Top bosses of the NAB have simply vanished to respond to the media queries pertaining to the alleged extreme coercive measures that were said to have been used during the last days on Kamran Faisal that may have led to his sudden death, either by suicide or murder.
Chairman NAB Fasih Bukhari and Director General Financial Crime Wing Kausar Malik, who are alleged to have held an insulting meeting with Kamran Faisal on the night of Jan 16, are neither responding on their mobile phones nor have replied to the SMS messages sent to them.
After repeated efforts the NAB spokesman Zafar Iqbal was, however, helpful to the extent of responding to an SMS message, conveying: “Sorry for late response. In fact I’m still with some guests. As far as you question is concerned, it is totally untrue.”
The spokesman was asked if he could confirm whether Kamran Faisal was brought to Chairman’s office by Kausar Malik where the officer was alleged to have been pressurised to change his report in favour of the prime minister in the RPPs case.
A NAB official, speaking on the condition of full confidentiality, confided to The News that Kamran Faisal was under extreme duress to change his investigation report that had become the basis for the SC’s recent order to get Prime Minister Raja Pervaiz Ashraf and over 20 others arrested in the RPPs case.
The source said that in the evening of Jan 16 Kamran Faisal, who was an assistant director of NAB Rawalpindi, was sitting with his colleagues in the office of Rawalpindi NAB Additional Director Staff officer Shafqat, when he received a phone call from NAB Islamabad headquarter to rush there. Besides others, it is said, assistant director Shahzad was also present.
It is said that the phone call from the Bureau’s headquarter had come from Director General Financial Crime Wing Kausar Malik. After the phone call, Kamran is said to have shared with his colleagues that he was being summoned to Islamabad HQs. On this the NAB Rawalpindi additional director staff officer provided to Kamran the official vehicle Kia Registration No. 4242 to attend this urgently called meeting in Islamabad. The name of the vehicle’s driver was said to be Tariq.
When approached by The News Shafqat refused to discuss anything regarding this mysterious death. However, the source claimed that Kamran reached NAB’s headquarters and went to Kausar Malik’s office where he was told that he should change his report for the sake of the institution’s respect as on the next day (Jan 17) the Supreme Court was to hear the PM’s arrest case.
The source added that Kamran was reluctant to change his report on the wishes of his superior. Later, it is said, Kausar Malik took him to the office of Chairman NAB Fasih Bukhari who was also accompanied by one of the key prosecutors of the Bureau.
In the Chairman NAB’s office, the source said, all the three again pressed him to change his report and suggested to him that he could give the reason that for being upset he had wrongly included the name of Prime Minister Raja Pervaiz Ashraf in the RPPs corruption case. It is said that he was also asked to sign a blank stamp paper.
The source claimed that after his refusal he was asked to leave. Kamran later got back to Kausar Malik’s office and shared with some of his Rawalpindi colleagues what had happened to him. On Jan 17 hearing of the RPPs case, it is said that Kamran was also present in the SC.
Fasih Bukhari was contacted several times but he did not pick up his mobile. Bukhari also did not respond to The News query forwarded to him through SMS mobile message.
Kausar Malik also did not respond to The News. An SMS message sent to him on Friday evening was responded in the midnight conveying that his mobile phone battery got exhausted so “just saw” the message. He promised to coordinate with The News on Saturday but it did not happen despite repeated efforts. Kausar Malik even did not bother to respond to the questions sent to him.
These questions included: a) Will you please explain why did you call Kamran to your office on 16th evening? B) Why did you take him to the Chairman NAB? c) Did you and the chairman pressurise him to change his report?
Meanwhile an unidentified caller from an official number starting with 924 figure had called this correspondent on Friday evening claiming that late on the evening of Jan 17 Kamran was badly scolded by his senior in the Rawalpindi NAB office for refusing to change his investigation report. The caller claimed to be a young officer of the NAB. However, this fact has also not been officially confirmed.
Arsalan to be punished in accordance with the law if proved guilty: Chief Justice–> Great to hear that in Pakistan
Just went through some of the remarks during the case proceedings in Arsalan Iftikhar and Malik Riaz case, shared by Nadeem Malik and Umar Cheema on facebook.
Here are few of the remarks:
Arsalan to be punished in accordance with the law if proved guilty: Chief Justice
We’re the followers of Muhammd (PBUH) who said he won’t spare if his daughter Fatima (RA) found guilty: Justice Khilji.
We’ll not spare anybody who tried to ruin the institution of judiciary, be he’s my son: Chief Justice
If Arsalan found guilty, law will take its course: Chief Justice
Great to see that happening in Pakistan.
In a historic and remarkable decision today, Supreme Court of Pakistan declared PM Gilani as guilty in Contempt of Court case against him for disobeying court orders in NRO case.
A seven-member bench, headed by Justice Nasirul Mulk announced the conviction violating article 63 (1) (g) of the Constitution and for ridiculing the court. Gilani is punished for the duration of the court sitting time for the case today. “For reasons to be recorded later, the prime minister is found guilty of contempt for wilfully flouting the direction of the Supreme Court,” said Justice Nasirul Mulk (according to Express Tribune).
Punishment to Gillani seems to be minor but it will be enough to disqualify him and it has also limited his chances of becoming a political martyr or jail hero. I would say with a bit reservation that its not a bad decision but a bit wise one.
Hopefully, things will improve in the country and Rule of Law based on equality and justice will find its way in the country.
ISLAMABAD: A five member bench of the Supreme Court has decided to refer the six options relating to the NRO implementation case to the Chief Justice for constitution of a larger bench for hearing of these options.
Announcing the verdict on NRO implementation case‚ the bench headed by Justice Asif Saeed Khosa said the six options are being handed over to the Attorney General.
01: To initiate the contempt of court proceedings against the Chief Executive and the Secretary Law for not implementing the NRO verdict.
02: To declare the chief executive ineligible from the membership of the Parliament.
03: The court may form a commission to get the verdict implemented.
04: The people themselves decide on the issue and the court exhibit patience.
05: Contempt proceedings against Chairman Nab may be initiated.
06: The action may be taken against President for violating the Constitution.
The Supreme Court said in its order in NRO implementation case that the government has failed to implement the verdict.’The government is not taking interest to observe the order for the last two years. We knew that the actions we are about to take they may be unpleasant.’
‘The court has taken oath to defend the Constitution. The prime minister respected the party over the Constitution.’
‘The president in an interview to Geo News said his government would not implement one part of NRO verdict.’
As per Article 189 and 190 all institutions are bound to help the apex court, the order said.
‘Prima Facie the prime minister is not an honest man and violated his oath.’
The court recommended the case to the chief justice to form a larger bench to hear the case on January 16.
A Five-member bench of Supreme Court (SC) headed by Justice Asif Saeed Khosa resumed the hearing of the case pertaining to the implementation of National Reconciliation Ordinance (NRO) verdict today.
It was not just a case of murder. Raymond Davis was violating his contract with Pakistan i.e. visa conditions. He was spying and working for agencies and there were indications of involvement in terrorist activities in Pakistan, so Deet cannot apply in this case.
Shame on ISI,Army,Federal and Provincial Government. It’s also disappointing to see judiciary surrendering to the pressure in this case. One also can say that prosecution was biased and planned from government but still I think judiciary could have been more active as this was not a simple murder case. Even if judiciary has surrendered for so-called national interests and security, this is wrong because no good interest can be served by denying justice. There are reports of family being pressurized and lawyers been forced to sign papers. I think Pakistan has missed the chance to see what these mercenaries are doing in the country.
We also need to see how CIA through Pakistani slaves brought this war on terror in Pakistan by invoking sectarian and ethnic clashes.
But this case should at least open few eyes and should remind us that a lot is needed to be done.
Bone headed and selfish decisions like these are damaging the concept of justice and as a result extremism is increasing.
CIA touts healthy Pak ties as spy freed : The News
A Pakistan court on Wednesday released the CIA contractor, Raymond Davis, who was accused of double murder, after $2 million in blood money was paid to the families of the dead.
The case had prompted protests in Pakistan and aggravated strained relations between Washington and Islamabad, which had faced calls to stand up to its superpower ally and try Davis for murder.
The Central Intelligence Agency, however, said relations between the spy services remained strong, amid speculation that the case was a result of a machinations between the CIA and Pakistan’s Inter-Services Intelligence agency.
“The agency and our Pakistani counterparts have had a strong relationship for years. When issues arise, it’s our standing practice to work through them,” CIA spokesman George Little said in an email.
“That’s the sign of a healthy partnership — one that’s vital to both countries, especially as we face a common set of terrorist enemies.”
A senior Democratic senator, John Kerry, hailed the release of Davis as a “necessary step” to ensure solid relations between the two countries.
“As I said last month in my visits to Lahore and Islamabad, we deeply regret the loss of life that led to this difficulty in our relationship and the demonstrations on Pakistan’s streets, but neither country could afford for this tragedy to derail our vital relationship,” Kerry, chairman of the Senate Foreign Relations Committee, said in a statement.
US authorities said Davis was protected by full diplomatic immunity, a claim rejected by the Pakistani government, and a decision on his status was on Monday deferred by the Lahore high court for criminal judges to decide.
A third Pakistani was struck down and killed by a US diplomatic vehicle that raced to Davis’ assistance in the incident.
US officials have been frustrated at Pakistan’s reluctance to go after some Islamist groups on the Afghan border, including the Haqqani network which is blamed for attacks on NATO-led troops in Afghanistan.
Pakistan sees the Haqqani group as a hedge to fend off arch-foe India in Afghanistan, analysts say.
The chair of the US Senate Intelligence Committee, Dianne Feinstein, has reportedly described CIA ties with Pakistan intelligence as “something less than wholehearted partnership” and that the ISI is “walking both sides of the street.” (AFP)
By Sohail Khan – The News
ISLAMABAD: The Supreme Court (SC) on Monday directed the government to submit a reply to the report of the Judicial Commission on missing persons.
A three-member bench of the apex court, headed by Justice Javed Iqbal, resumed hearing into the case of missing persons, allegedly taken for interrogation by the intelligence agencies on their alleged links with militant groups. Their relatives claimed that they were picked up by intelligence agencies but were never brought before the court.
During the course of hearing, Justice Javed Iqbal observed that 2011 would be the year of missing persons’ recovery. Additional Attorney General K K Agha submitted before the court that the judicial commission had recovered 134 missing people so far, adding that the contents of the report were classified; therefore, it should not be made public.
K K Agha further said that as instructions were being taken from the government on the report of the commission, therefore, it should not be made public. Hashmat Habib, the counsel for one of the petitioners, submitted that there were missing persons whose heirs were not coming to the forefront. At this, Justice Raja Fayyaz Ahmed observed that these people were reluctant due to the fear factor.
Justice Javed Iqbal observed that as the apex court had traced the missing prisoners of Adiala Jail, it would also trace out the missing persons in the case as well. He observed that there should be a tribunal for the hearing of missing persons’ cases as recommended by the commission.
Amina Masood Janjua, the spouse of missing Masood Janjua, while appearing before the court, submitted that since April 2010, 100 more people had gone missing. She further said that relatives of the missing persons had been subjected to mental torture as they had not yet been informed about the whereabouts of their near and dear ones. Meanwhile, the court, after seeking a reply from the government on the report of the commission, adjourned the hearing till next Monday.
By Shaheen Sehbai
WASHINGTON: The mystery of Reko Diq gold mines deepened on Tuesday as the Supreme Court prepared to hear the case on Wednesday, when Tethyan Copper Company (TCC), the Canadian-Chilean giant working in Balochistan, issued a long statement which coincided with a stinging attack on TCC by a US company which has eight exploration licences in Pakistan,
including two in Reko Diq. The official statement by TCC (reported separately in these columns) came 20 days after the original story by The News on how Reko Diq was being sold for a song by the Pakistani government but the statement by Benway Corporation of New York was a stunner as its president and CEO accused TCC and its principals of playing games with Pakistan.
He levelled serious allegations against TCC and Barrick Gold Corporation and announced his company will soon request the Supreme Court of Pakistan to become a party in the Reko Diq case. The company said Reko Diq deposits had not been fully declared to the government of Balochistan by its sponsors.
“They are playing games with their government of Balochistan partners,” CEO and president of Benway Corporation, Sheikh Tanvir, a Pakistani-American, said in the statement. The TCC statement added further confusion to the already complicated situation about the original size of the deposits at Reko Diq, the share of Pakistan and whether laws were followed or twisted.
TCC claimed that the mineral resource at Reko Diq was estimated at 5.9 billion tons. “From this resource, an estimated 2.2 billion tons of economically mine-able ore, with an average copper grade of 0.5 per cent and an average gold grade of 0.3 gms per ton will be processed to produce 2.2 billion pounds of copper (10 million tons) and 13 million ounces of gold in form of payable metal in about 56 years of mine life.”
But this statement militates directly against what the Barrick Gold of Canada told the Canadian and American Mines Handbook, 2009-2010, a bible of the mining industry. It shows Barrick’s 37.5 per cent share of measured and indicated resources in Reko Diq was equal to 1,125,071,000 tons average 0.008 opt gold, for 8,487,000 ounces of gold and 11.5 billion lbs of copper. Inferred resource was shown as 895,089,000 tons average 0.009 opt gold, for 8,398,000 ounces of gold and 8.5 billion pounds of copper.
If this estimate is the share of Barrick, then the Chilean share is exactly the same and Pakistan’s share would be slightly less as Pakistan has 25 per cent stake as against 37.5 per cent each of the two big companies. Experts have to calculate the worth in the present bullish gold and copper market.
The confusion gets further confounded as a 2008 study conducted by both these companies involving top experts of Geology and mining reported much larger deposits. This study was published in “Economic Geology”, a bulletin of the Society of Economic Geologists (Vol. 103 December 2008 No. 8), written by Jose Perello of Antofagasta of Chile, Abdul Razique and Asad-ur-Rehman of Tethyan Copper Company, Pakistan and John Schloderer of Albidon Ltd of Australia.
These experts concluded that the 300-km-long Chagai porphyry copper belt had 48 deposits and prospects containing porphyry-type alteration and mineralisation. “Three medium-sized porphyry copper deposits are present in the belt at Saindak and Tanjeel and H8 at Reko Diq, the former currently providing small scale production. The H14-H15 copper-gold deposit at Reko Diq, currently at the feasibility stage, is world-class and contains open pittable resources of approximately 18 million tons of copper and 32 million Oz of gold.”
So while on Tuesday TCC claimed that Reko Diq had only 2.2 billion pounds of “mine-able” copper (10 million tons), these experts hired by TCC in 2008 had found the deposit of copper to be 18 million tons. Likewise while TCC today says gold deposits are only 13 million ounces of “payable” metal, the experts had estimated it to be 32 million ounces.
What is the difference between a “mine-able” and “payable” ore and by using “ton” and “tonne” in the same statement is not evident to ordinary people but the US company, also working in Reko Diq, in its statement on Tuesday said TCC was twisting words.
“For some 15-20 days we hear TCC keeps saying they are doing everything according to Balochistan Mining Rules of 2002. They say they are doing everything lawful in Pakistan. We disagree with most of what they are telling Pakistani people and the media. They are not fully telling the truth. They twist words,” the Benway statement said.
Sheikh Tanvir heads Benway, a privately held corporation incorporated in New York State since 1998 with 38 shareholders, mostly US citizens, a Canadian, an Australian, a Turk and three 3 Pakistanis. Its business is mining and works to discover copper and gold deposits.
His statement revealed that Barrick Gold Corporation went to Benway in 2007 to go into a joint venture with Benway on EL-24 in Chagai Balochistan, owned by Benway, located south of Reko Diq with a 30 km long common border.
“Barrick in 2007 offered us a package of $10.6 million. We refused that very very low offer. Then Barrick and Antofagasta’s front company TCC invited Balochistan officials to Toronto and Chile and ended up building an airport on EL-24 instead of their EL-5. We went to Balochistan High Court against 3 international companies and their front company, TCC Pakistan,” the statement said.
Benway accused Barrick Gold of playing games “with your partners and host country.” “They please officials of GoB and GoP and convince those officials to play games for the sponsors. We believe business must be done truthfully and ethically. Reko Diq was found in 17 years and we believe we have similar deposits and we found this in 3 years. These mining companies are stifling the competition and pushing fair competition laws of US and Pakistan.”
The US company claimed that Barrick Gold had broken Canadian laws. “They have broken Australian laws and they have criminally broken US laws of Foreign Corrupt Practices Act. They have broken Pakistani and Balochistani laws by their tangible actions in Balochistan and Pakistan. We believe that highest officials of these corporations are involved, some of them hold the highest civilian awards of Canada.”
The company said now that the Supreme Court of Pakistan was hearing the matter, we are happy that truth will emerge soon. “We are in BHC since May 2008 and we will approach the SC soon to allow us to be disposed in BHC in a speedy manner and/or kindly enter us as the main injured party in SC.”
“We are against the law breaker mining companies. We believe Pakistan and Balochistan are not dependent on a few bad eggs of the mining industry. There are 150 major mining and over 3000 junior mining companies in the world. Pakistan has 1000 choices. It is not because of terrorism that mining companies are not coming to Pakistan. It is because of corruption of officials, politicians and Pakistanis not following Pakistan’s own rules and laws. We will show Pakistan who is right and who is wrong,” the statement concluded.
By Sohail Khan
ISLAMABAD: The Supreme Court on Friday issued notices to the heads of secret agencies, directing them to submit a report by November 25 pertaining to 11 prisoners who had gone missing from the Adiala Jail, Rawalpindi.
A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Ghulam Rabbani, was hearing a case of 11 missing prisoners of the Adiala Jail, allegedly handed over to secret agencies by the jail authorities.
The court issued notices to the heads of secret agencies, including the Inter Services Intelligence (ISI), Intelligence Bureau (IB) and Military Intelligence (MI), seeking their comments on the disappearance of the 11 prisoners.
Attorney General Maulvi Anwarul Haq again told the court that the whereabouts of the 11 missing prisoners could not be found. He informed the court that he had approached the concerned authorities, including the Interior Ministry, but they denied having any information about the whereabouts of the missing prisoners.
Online adds: It may be recalled that it is for the first time in history that notices have been issued to heads of intelligence agencies in a case.The AG said that intelligence agencies personnel wanted to tell the court something secretly.
“The case is in open court. No talks can be held with the intelligence agencies in separation. Evidences are available under whose custody the prisoners are kept. The court should not be forced to go to extreme end. If matter proceeds further, more complications will arise. The country cannot afford a clash among the institutions. Action will be taken against all the persons involved in this incident indiscriminately. All will have to appear after the reply is received. It can lead to dire consequences if the matter is not resolved soon,” the CJP remarked.
The chief justice noted that it was not appropriate for him aswell as other judges to meet them in chamber and observed that everyone should respect the court and avoid disharmony. He said the apex court was responsible for safeguarding its constitutional obligations, keeping in view Articles 9,25,4 and 10-A of the Constitution.
The CJP asked the AG, “You are Amicus Curiae of the court, therefore, you should play your role for resolution of this problem.” When the court resumed the hearing after the intermission, the AG said the intelligence agencies were holding the same stance that these prisoners were not in their custody.Meanwhile, the court adjourned the hearing till November 25 after issuing notices to heads of the intelligence agencies.
By Ansar Abbasi
ISLAMABAD: The case of newly discovered 11 missing persons, presently being heard by the Supreme Court, is yet another reminder of how callously intelligence agencies of the country operate without showing any respect to rule of law.
The saga of missing persons seems to be getting more and more complicated with every passing day as the governments, whether federal or provincial, political parties and parliament are simply incapable or indifferent to providing the needed support to the Supreme Court to keep intelligence agencies under check and to make them behave as per the law of the land.
Illyas Siddiqui, the attorney of these 11 persons, insists that the Lahore High Court had ordered the release of these 11 persons on July 21, and on July 28, the orders of the court were received by the Adiyala Jail’s superintendent but instead of releasing them, the jail authorities handed them over to intelligence agencies on July 29, from the main gate of the jail. He also referred to a video evidence to prove his point.
Siddiqui did not precisely name as to which intelligence agency had abducted these persons, all of whom were acquitted in terrorism cases, including rocket attack on the Pakistan Aeronautical Complex, Kamra, anti-aircraft shots fired at a plane carrying former President Pervez Musharraf and suicide attacks on the bus of an intelligence agency in Rawalpindi and at the main entrance of the GHQ.
A deputy attorney general told the apex court that none of the three leading intelligence agencies — ISI, MI and IB — have in their custody any of these missing persons. The Punjab government authorities also don’t admit that the acquitted persons were handed over to any of the intelligence agencies but say that all the persons were released as per the high court’s order.
The then Home Secretary, Nadeem Hasan Asif, said that after their acquittal by the court in terrorism cases, the Punjab government, on the recommendation of CID, kept them under detention, initially under Maintenance of Public Order (MPO) and later by invoking the Anti-Terrorism Act.
But when the LHC set aside these detention orders, Nadeem told The News, the jail authorities were asked to release all the acquitted persons. When asked, Nadeem said that none of the intelligence agencies, including ISI, MI and IB, had approached him either to keep these persons under detention or hand them over to the spy agencies.
On the files of the provincial government, all these detainees were released from the Adiyala Jail. However, when they were to be released, quite a reasonable number of their relatives were waiting outside the Adiyala Jail to receive their acquitted relatives. The superintendent and the deputy superintendent of Adiyala Jail have already been arrested from the Supreme Court following the court’s order.
No matter what the government files read, some of the provincial government authorities do believe that these 11 persons would have been in the illegal custody of the intelligence agencies.
Six out of these 11 persons are those who were acquitted in a case of attack on the ISI bus near Hamza Camp on the morning of November 24, 2007, killing 17 persons and injuring 35 others. According to media reports, the Punjab Police had held the intelligence agencies responsible for their acquittal on grounds of non-cooperation and mishandling of the case.
The report said that these six people were first picked up by intelligence agencies and were latter handed over to the Punjab Police after almost nine months of detention with not a single evidence provided to police and the spy agencies even refused to share any information gathered from the illegal detainees. These reports were carried by the national press in June this year and neither the Punjab Police nor the ISPR or any intelligence agency had rebutted the news.