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.
PPP and Zardari especially have shown their incapability to run their country and hide their corruption.
In order to overshadow their weaknesses they are trying to go in a clash with institutions and other forces especially judiciary so that they can come out as victims.
The recent notification of President Zardari is also an attempt in this direction.
Supreme Court has rightly suspended the unconstitutional notification of Zardari to appoint the judges against the advice of Chief Justice.
In cases where president or governor or anyone requires consultancy means they need to consult the office whose consent is required for must. And the office being consulted needs to agree with the position otherwise the decision will not be implemented.
However in case of an advice given by the office whose consultancy is required for must, the advice needs to be implemented. It not only happens in SC CJ but also for PM advice to President, CM advice to governor and Provincial HC advice to government.
The office which needs consultancy (here presidency) cannot take the decision on their own on the matters where consultancy is required.
SC also has the duty (not only right) to interpret the wordings of the constitution. This
is not only in case of Pakistan but in most part of the world including so-called mother of
In this case which comes under article 177 the situation is same. Article says:
“177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day). “
The role of president here again is of just giving Presidential approval.
This is adapted from British system where in issues like these “Royal Assent” is required and even if it is not given due to some reason it is assumed that it is given after some given period but in this case formal approval is required.
According to the interpretation in Judges Case or Al-Jihad Case,in the appointment of the Supreme Court Chief Justice seniority principle will prevail and senior most will be made the Chief Justice (This was done to ensure judicial independence from executive discretion).
The issue currently is of new appointments in Supreme Court as Justice where the
consultation is binding on the president not the seniority principle.
Similarly in appointments of the High Court judges the consultation from CJ is binding on the president according to article 193.
SC once again proved their independence and their will to strengthen the judiciary by stopping the PLUTOCRATS to damage the federation for their evil goals.
Delaying the appointments of judiciary in High Courts is also an attempt by government to not only undermine judiciary but also to frustrate the common man from judiciary.
Another motive is to start a seniority issue between judges to break their strength but this also has failed.
For once we need to go for across the board accountability without becoming a prey of illusions created by the players of National Security Card, Democracy Card, Shaheed Card, Ethnic Card, Sectarian or any other Card.
Anyone who wants strong Pakistan instead of few faces ruling the country cannot afford a weak judiciary.
Also, the commitment for free judiciary shown by Justice Saqib Nisar and Justice Khwaja Shareef is appreciable.
5 Pakistanis still in Gitmo,Dr. Aafia still waiting for justice–>Hail Ya Nobel Peace Prize Committee
According to Foreign Minister Shah Mehmood Qureshi , there are still 5 Pakistanis in Guantanamo Bay prison which Nobel Peace Prize winner President of USA promised to close around a year ago but as he got the prize on the bases of pure expectations not achievement so you can understand what liability he holds.
There is still no good news for Dr. Aafia despite Governments drama of making some good efforts, it’s a real shame for USA system of justice, Pakistani system of justice and security, international community and the civil society of world that they are not able to provide justice to an innocent women and her children (2 of which are reported to be killed under USA custody).
HAIL YA NOBEL PEACE PRIZE COMMITTEE FOR MAKING MOCKERY OF THE CONCEPTS OF PEACE AND HUMANITY!
Do watch Yvonne Ridley address on Dr. Aafia Siddiqi case at the end of this post.
Five Pakistanis still in Gitmo, Qureshi tells National Assembly
Five Pakistanis are still imprisoned in Guantanamo Bay, Foreign Minister Shah Mehmood Qureshi told the National Assembly (NA) on Friday. In a written reply, the foreign minister told the House that the men are: Balochi Amar Ali, Khan Majid, Abu Rehman Abdul Rabbani, Rabbani Muhammad Ahmad Ghulam and Paracha Saifullah. Qureshi also told the House that the government was taking all possible measures for the repatriation of Dr Aafia Siddiqui from the US. The House was further told that total number of polio cases for the period from January 2007 to December 2008 is 117. Speaking on a point of order, PML-N MNA Faiz Muhammad Khan said funds allocated for the rehabilitation of earthquake affectees had been embezzled. He said the loans of the earthquake affectees were not written off and demanded an inquiry into the funds. The National assembly was informed that the government is concentrating on promotion of research in the agriculture sector with an objective to give boost to agricultural products. Parliamentary Secretary for Health Mehreen Razaq Bhutto said efforts have been made to control TB and 5,000 centres were working all over the country. Railways Minister Ghulam Ahmed Bilour told the House Pakistan Railways had planned to dualise the railway track between Lodhran and Peshawar. He said work on Lodhran-Raiwind section would be completed by December.
Aafia case adjourned–> The News
Wednesday, October 14, 2009
THE Lahore High Court has been informed that Dr Aafia Siddiqui’s case cannot be taken to the International Court of Justice (ICJ) without the consent of America and Afghanistan.
A deputy attorney general, appearing on behalf of the Interior Ministry, said this on Tuesday in reply to a petition, filed by Barrister Iqbal Jafferry, seeking the court’s directions for invoking jurisdiction of the ICJ for recovery of Dr Aafia from the US detention.
The petitioner’s lawyer insisted that there was no need to get the consent of the US or Afghanistan as there was a treaty which allowed Pakistan to move the ICJ on its own.
However, the court adjourned hearing till October 30 and asked the petitioner to file his written reply in this regard.
Dr Aafia was reportedly arrested from Karachi on March 30, 2003, from outside her house to be taken to Afghanistan.
Later, she was transported to the US, where she was being tried under terrorism charges for attempting to kill two American investigators.
Two of her American national children were still missing while one of her child had been handed over to her sister by the Interior Ministry.
Video of Yvonne Ridley Speaking on Dr. Aafia Case
After his illegal actions against the judiciary and the constitution of Pakistan, the dictator almost daily give baseless statements justifying his illegal actions against the judiciary of Pakistan.
One of his allegation is tha judiciary was interfering in the executive and government
powers so to find the truth about the allegations I decided to consult the constitution
to see what it says about the responsibilities of a judiciary:
Below are the words of Oath a judge takes
(from schedule 3 of the “Constitution of Islamic Republic of Pakistan).
[Articles 178 and 194]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces of ____________) I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law:
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.
May Allah Almighty heap and guide me (A’meen.)
Now if Musharraf says the judiciary was interfering then he should also think what the government and the executive
authorities were doing weren’t they violating the basic human rights?
(given by the constitution, with special reference to missing person’s case),
how about Musharraf’s elections?(the candidates eligibility in the constitution) and also in the cases of steelmills,
Now lets look at what promises an armed force personnel has to do in his oath(The oath which Musharraf also took as an army officer).
Members Of The Armed Forces
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.
May Allah Almighty help and guide me (A’meen)
You have the right to judge.
Judiciary was just doing there job(infact after a long time), whereas the dictator has violated the constitution and his oath.