Supreme Court has ordered to public lal masjid commission report and told the government to give it to anyone requesting for it. In the report the commission has put the blame of innocent loss of lives on General (R) Pervaiz Musharraf and his team at that time including former Prime Minister Shaukat Aziz.
There were some issues in the report which are still a subject of great like the body count and who died. Reportedly, according to the commission report some 103 people were killed in the operation including 92 civilians and 11 security personnel. They also said that no woman was killed in the operation.
However, according to several accounts from lal masjid students, prominent journalists and religious leaders, there were much casualties including women and children. Those who were killed, also allegedly included mother of Abdur Rasheed Ghazi and Abdul Aziz.
Before jumping on any conclusion, we need to take this report very carefully and in full context.
There are two parts of the issue:
a) circumstances in which the operation happened:
The commission interviewed people involved in negotiations and from establishment. based on that they put the blame on government for unnecessary loss of innocent lives. they have recommended DIYAT for the victims and also mentioned that they can go for QISAS as well.
b) ground evidence and number count of bodies and who died:
They had to rely on people sitting in ISI, MI or IB to get ground intelligence on that.
A good thing Supreme Court has done is that they have told the government to make the report public and so it will be a good chance for victim families and supporters to come forward and challenge the given figures based on possible lies of ISI, IB and MI or other govt. agencies. We need to know that most of the relevant ground evidence was destroyed by Army when they shut down the area.
Dr Fauzia Siddiqui, in an exclusive chat with The News from Karachi, said that Davis was a killer and after meeting the heirs of the deceased youth, Aafia’s family can never imagine to forgive the blood of Pakistanis against repatriation of Aafia.
She mentioned that first Aafia should be brought home with respect then the government should think of dealing the case of Davis with the Americans. “Aafia has not killed anyone; therefore, we can not demand exchange of an innocent lady with a double murderer,” said Dr Fauzia, adding that it was the time for government to negotiate with Americans regarding respectful repatriation of Dr Aafia.
She said that Aafia has been jailed for a falsely carved crime in Afghanistan whereas Davis was a daylight killer, so we should not compare the crimes of both of them. “Government should bring Americans on negotiating terms regarding Aafia; otherwise, these rulers will be kicked off from their palaces by the people of Pakistan if they handed over Davis to America.”
Dr Fauzia said that she has met the families of the three deceased youths of Lahore and after looking at the condition of mothers of those three boys, she could not demand for forgiving the blood of Pak nationals rather David should be punished under the penal law of the country for the crime which the has committed. On the other hand, a few parliamentarians have raised their voice for exchange of Davis for Dr Aafia and Pakistan Tehrik-e-Insaf vows to establish a fund for the legal heirs of the three youths who were killed by American so that those families should not compromise on money with US. Fakhar Chathha, President PTI Traders-Wing, while talking to this correspondent said that Pakistan should make a simple deal with US: “Give us our innocent Aafia and take your double murderer Davis.” He mentioned that time has come for Pakistan to take a stand before the Americans, otherwise, world will curse on us.
He said that his party is ready to establish a fund for the heirs of three deceased youths of Lahore so that they should not accept American offer of money against blood rather ask for the extradition of Dr Aafia from America in return of Davis. It is worth mentioning here that the PTI is the only political party in the country, which has stage protests regarding American killing in Lahore. Even the protesters were baton charged in Islamabad when they tried to enter the red zone to get their protest registered in front of US embassy.
The Human Rights Commission of Pakistan’s ex-Chairman Iqbal Haider on Geo TV said that Dr Aafia has not killed any person, and the way she was produced before the American court was also condemnable. “On the other hand Davis has killed three people in broad daylight, yet immunity is being sought for the killer,” the lawyer said. He mentioned that Aafia has been sentenced for 86 years, which was again cruel whereas America wants a killer to be free. On the other hand, an SMS campaign to exchange Aafia for Davis has already started, and cyber groups, like OSAPK, have launched campaigns for Davis for Aafia.
On the other hand, the family of Dr Aafia Saddiqui has closed the debate of her nationality once for ever. Mother of Dr Aafia showed three Pakistani passports of her daughter in Capital Talk of Geo News on Monday night and claimed that Dr Aafia did not have even a US green card. Rana Sanaullah and mother of Aafia were talking to Hamid Mir in Capital Talk.
Hamid Mir asked question about the possibility of double nationality of Dr Aafia, but her mother Ismat Saddiqui showed a US visa on the last passport of Dr Aafia which was expired on February 3, 2008. She said that US visa can only be issued to a non-US citizen.
Sister of Dr Aafia read some parts of the US court verdict against Dr Aafia, in which it was clearly said that Dr Aafia is a 38 years old Pakistani citizen. Dr Fauzia Saddiqui said that the arrest of her sister from Afghanistan was also a violation of international law because Dr Aafia was not provided any consular access.
The Executive Director of the South Asia Strategic Stability Institute, Maria Sultan, said that US violated international law by arresting a Pakistani citizen Aafia from Afghanistan because the two countries have no extradition treaty.
Former Foreign Secretary Riaz Khokhar said that Raymond Davis is a killer; he does not enjoy any diplomatic immunity. Riaz Khokhar said that arrival of suspicious US citizens in Pakistan was started in Musharraf era. Once Riaz Khokhar objected to the arrival of a secret US flight in Pakistan. The ISI also endorsed the view of Foreign Office, but President Musharraf over ruled their objections.
Host of Capital Talk aired the last statement of Shamaila, who committed suicide on Sunday in protest of VIP status given to Raymond Davis. Human Rights activist Tahira Abdullah said that nobody in the government will listen to the last plea of Shamaila because US dollars will work, but Rana Sanaullah disagreed. He said that days of military dictators have passed now, and only the courts will decide the fate of Raymond Davis.
Supreme Court is proving again and again that at least there is one institution in the country on which we can trust.
RPPs return Rs 2b on SC orders
ISLAMABAD – The counsels for Guddu and Naudero projects assured the Supreme Court on Wednesday that Rs 2 billion taken in advance would be returned with the mark-up.
Chief Justice Iftikhar Muhammad Chaudhry heading a three-member bench comprising Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday said, “Everybody should follow suit on matters of the national exchequer.”
Justice Ramday remarked that many problems of the society could be solved with the cooperation of bar and bench.
Dr Pervez Hassan, counsel for Pakistan Power Resources (PPR), and Shahid Hamid representing Walter Power International (WPI) informed the court that money had been arranged and would be returned to Central Power General Company Ltd (CPGCL) during the course of the day, which, according to the media reports, was paid by Wednesday evening.
The court directed Abdul Malik Memon, CEO GENCO, to conduct an inquiry into the case and submit a report, fixing responsibility upon the officers or the persons on whose instructions GENCO agreed to make the payment to both the companies without keeping facts and circumstances of the case in front of them, in the next date of hearing, and adjourned the case till December 14, 2010.
The bench heard fraud in payment of Rental Power Projects detected by NEPRA (Human Rights Case No.56712 of 2010) and alleged corruption in Rental Power Projects (Human Rights Case Nos. 7734-G/2009 & 1003-G/2010). Syed Najamul Hassan Kazmi appeared on behalf of NEPRA.
According to the statements, PPR and Walters Power International had paid Rs 405.9 million (Rs 405,992,246) earlier and the balance amount of Rs 301 million (Rs 301,058,766) today (Wednesday).
Further RPP is paying Rs 120 million (Rs 120,000,000) on account of interest/mark-up on advance payment, while WPI submitted that an advance payment of US $10.1 million (US $11,036,666) and interest amount of US$ 0.18 million (US$ 180,753) are being paid.
NEPRA has declined to approve a fresh tariff for Naudero-II after discovering that the project’s equipment belonged to Guddu rental power project, which had been dismantled illegally.
The Government paid 14 per cent advance of US $11.28 million to Pakistan Power Resources (PPR) in April 2010 for Naudero-II, while the same company was paid 14 per cent advance payment of $10.15 million for the same machines for Guddu rental power plant having a capacity of 110 MW.
Intelligence agencies confirm custody of 11 missing prisoners – The Nation
Pakistan intelligence agencies have confirmed before a bench of the Supreme Court that eleven missing prisoners of Adiala Jail have been in their custody. Raja Irshad, the counsel of the agencies, during hearing of the missing persons case confirmed before a three-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry that the missing prisoners are alive and have been in custody of the Military Intelligence (MI) and Inter Services Intelligence (ISI). The counsel further said that these persons were arrested under military act during various operations and more people are being arrested. He further said that the military, ISI and MI are subordinate to the judiciary under the constitution and law.
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.