Tag Archives: conduct

Arsalan Iftikhar case: Asma voices concern over one-man commission

LAHORE: Former president of the Supreme Court Bar, Asma Jahangir on Monday said that the officer tasked by the SC to investigate the Arsalan Iftikhar case has close ties with the chief justice’s son and cannot be trusted to conduct a transparent investigation, DawnNews reported.

Speaking to media representatives at the Lahore High Court (LHC), Jahangir remarked that the UK’s Scotland Yard should be called in to probe the Arsalan Iftikhar case if Pakistani institutions are deemed unreliable.

Jahangir alleged that Shoaib Suddle, the investigating officer, is also known to regularly attend Arsalan Iftikhar’s events, she said, adding that he could not be expected to conduct a transparent investigation into the case.

Pakistan’s apex court is investigating allegations of a Rs342 million business deal between Dr Arsalan, son of Chief Justice Iftikhar Mohammad Chaudhry, and business tycoon Malik Riaz.

On Aug 30, the Supreme Court had accepted a review petition against its own earlier order, appointing Federal Tax Ombudsman Dr Mohammad Shoaib Suddle as the one man-commission to probe the controversial case. The commission is required to complete the task in a month.

Criticising the court’s decision, Jahangir said that if there were any questions over the National Accountability Bureau’s (NAB) investigating team, then the team could have been changed instead of changing the whole verdict.

Continue reading Arsalan Iftikhar case: Asma voices concern over one-man commission

Rough justice

By Asad Jamal

June 2012 will go down in the legal and political history of Pakistan as a watershed month as the Supreme Court (SC) of Pakistan intruded not only the domain of other state institutions and violated the code of conduct for the superior judiciary but also disregarded some of its own recent and not-so recent pronouncements.

It was the June 19 decision to disqualify Yousuf Raza Gilani as a member of the National Assembly (NA) and as Prime Minister of Pakistan that really stole the limelight. The decision, delivered through a short order which states that the reasons for disqualification will be recorded later, has been criticised on various grounds. The critics of the verdict variously call it legally infirm, an encroachment upon the domain of parliament and other constitutional offices, lacking impartiality and being potentially detrimental to democracy in Pakistan.

On the lack of impartiality first: while the decisions of a court may be debated and questioned, the judges should never lose the appearance of impartiality. In a 2006 speech during the Golden Jubilee celebrations of the SC, Justice Asif Saeed Khosa had said “… independence of judiciary is not an end in itself; it is only a means to the end, and the end for sure is impartiality of judiciary.” Unfortunately, the order for Gilani’s disqualification is a glaring example of the court’s transgression into the jurisdiction of other constitutional offices, if not outright bias.

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Parliament cannot discuss SC judges’ conduct: SC

Supreme Court has said PAC cannot carry out audit of apex judiciary as per Article 58.

According to a report presented to the Public Accounts Committee (PAC) on Tuesday morning three existing and twelve retired judges of the Supreme Court received two residential plots each worth millions of rupees in expensive sectors of the federal capital.

The Supreme Court (SC) refused to provide audit report details to the Public Accounts Committee (PAC) saying the Parliament cannot review judges conduct.

This was said in a reply written by Registrar Supreme Court to the Chairman Public Accounts Committee with the consent of full court bench of the Supreme Court in which it is mentioned that constitution prohibits PAC to call any official including Registrar of the apex judiciary, however President, being head of the state has the authority to decide about the consultative sphere of the Supreme Court, so the committee should consult President of Pakistan

If the committee is interested in a formal court order, it should approach the president , the letter said

The letter referred to Article 68 which said: “No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties”.

It is worth mentioning here that on the orders of former Chairman PAC Chaudhary Nisar Ali Khan, a letter was written to the Registrar Supreme Court for presenting its accounts before the committee, however it was not dispatched at that time. But new chairman Nadeem Afzal Chan ordered to dispatch it.

Courtesy: Dunya News Tv

http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9ODgxMzc=

Via – twitter

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More detials » BBC urdu

http://www.bbc.co.uk/urdu/pakistan/2012/07/120703_pac_judges_sa.shtml

Dangerous self-destruction Disease – Origin of our national mindset

By Khaled Ahmed

Origin of our national mindset

The Army is composed of Punjabis up to 80 percent. Even the Navy, which should normally absorb coastal populations, is composed almost exclusively of Punjabis.

The ‘vitality’ and ‘dynamism’ of the middle class in Pakistan are channeled into ideological aspirations that negate the modern state

The economist says the middle class anywhere in the world is a factor of dynamic growth: a growing middle class means the country will post good growth rates. But for the non-economist, no two middle classes may be alike. In Pakistan, the middle class is conservative, just like India’s; but unlike India, it is ideological, anti-American and pro-Taliban.

The Indian Constitution informs the attitude of the Indian middle class, which is tolerant of secularism. In Pakistan, the Constitution inclines the middle class to desire sharia and consequently prefer the ‘harder’ sharia of al Qaeda to state ideology. It is the sentinel of the unchanging character of the medieval state presented as a utopia by state ideology.

Continue reading Dangerous self-destruction Disease – Origin of our national mindset

Editorial – BSF Brutality on the border

New Delhi needs to make an unreserved apology to Bangladesh for the brutal conduct of its Border Security Force personnel who were seen in a recent video torturing a Bangladeshi man. Not surprisingly, the telltale video has caused widespread outrage in Bangladesh. A remark by Finance Minister Pranab Mukherjee that the incident must not be hyped, echoed by a Bangladeshi Minister, seems only to have provoked more anger and fuelled opposition allegations against the Sheikh Hasina government for being “pro-India”. With the Bangladesh Army claiming the other day that it averted a coup against the government by an “anti-India” section of officers, New Delhi needs to guard against becoming an unwitting cause for political instability in its eastern neighbour. Anti-India sentiment has been high in Bangladesh since the killing of three of its nationals by the BSF in two separate incidents on the border last month. A March 2011 agreement between the two countries not to use firearms in dealing with illegal activities on the border has brought down the number of such incidents, but the video is evidence that the guards feel free to use other forms of violence. It underlines the fact that such bilateral agreements on the management of their complex boundary are worth nothing unless accompanied by a change in the mindset of those responsible for it on the ground.

The distressing 11.56 minute footage, circulated through YouTube, is quite evidently a trophy video, the guards happy to pose as they strip their victim, tie his hands and feet, and beat him mercilessly while discussing among themselves other severe options of dealing with him. …..

Read more » The Hindu

http://www.thehindu.com/opinion/editorial/article2826161.ece

Conduct Unbecoming – Brig (Rtd) F.B Ali

Brigadier F.B. Ali (Retd.), who fought in the ’71 war, gives his account of the events that resulted in the dismemberment of Pakistan and left behind a legacy of shame. The Supplementary Report of the 1971 War Inquiry Commission (headed by Chief Justice Hamoodur Rahman) has recently been published in the magazine India Today. There is little doubt that this is a genuine document. It is unfortunate that, even though 30 years have passed, the Commission’s report has not been made public in Pakistan, and we are forced to depend on foreign sources to learn of its contents in dribs and drabs.

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Pakistan: Lies, lies and more lies

Lies, lies and more lies

By: Nazir Naji

We are gullible. We lap up any tosh that is fed to us. We were told in 1965 that India attacked us and we defeated it. The reality was that we were the ones who attacked and India attacked Lahore and Sialkot in retaliation. In 1971, we were told that Indian-trained Mukti Bahini is carrying out terrorist activities. The reality was that we launched an offensive on East Pakistan. We were also told that Mujeeb-ur-Rehman is a traitor and that he wanted to break the country with his 6 points. The reality was that he was ready to pass the constitution of joint Pakistan in collusion with Bhutto. He himself told me in a meeting, “Am I crazy? Why would I want to break the country and rule a province when I instead rule the whole of Pakistan?” We were also told that we were conducting guerrilla resistance or “jihad” against the Soviets because their expansionist plans extend to Karachi and Gwadar. In actuality, we were America’s proxy in a war between two superpowers. The Russians left but the motley crew assembled in the name of Jihad played, and is still playing, an unholy game of bloodshed unabated. We were also told that the mujahideen had conquered Kargil but the reality was that our jawans [army] were sent there in civilian garb for conquest but the Indian army apprehended them and our prime minister had to flatter the US to facilitate their return.

We weren’t really interested in Osama bin Laden. Many lunatics in our midst consider him a warrior of Islam but the world views him as a deadly terrorist. The deluded class of people doesn’t consider him the architect of 9/11 even though he himself praised the perpetrators initially and then eventually 4 years later accepted the responsibility for planning 9/11. But this particular group of people will not even be dissuaded by his own admission of guilt. They are mourning openly in newspapers. But the people who wrote obituaries in columns did not have the daring to attend his funeral prayers conducted in absentia in Rawalpindi and Lahore.

Anyhow, our military rulers milked the US and Britain for fighting terrorism and maintained that Osama Bin Laden (OBL) was not in Pakistan whereas America insisted the opposite was true according to its reports. But we kept denying it in the strongest terms. But we Pakistanis kept believing what our protectors were telling us. We always do, but what to do when the world refuses to believe them as easily as we do. The Americans kept searching on their own. And the day our protectors and guardians were slumbering, American helicopters in flagrant violation of Pakistan’s airspace flew to Abbottabad and smoked out OBL. They got their man and took him back to Afghanistan with ease.

President Obama addressed his nation to inform them of this victory. At 11 am PST, the Afghan President, Hamid Karzai, also conducted a press conference and clarified his stance and stated clearly that the world’s most wanted man had been found in Pakistan and our contestation that Pakistan is the hub of terrorism has been proved. But the keepers of our defence kept their lips sealed till 12 pm. Why? The only reason was that their lies had been indubitably exposed and there was no room left for denials or cover-ups.

Finally, the Foreign Office’s spokesman issued a loose and meaningless statement which stated that Americans have conducted an operation as they have stated against OBL. The horrifying fact that Pakistan had been aerially attacked was not even alluded to. Our borders and airspaces violated. An operation was carried out a mere kilometre away from the country’s biggest military academy but our defence systems remained dormant. We neither stopped the helis from entering our borders, nor condemned the aggression committed. The statement was drafted with such nonchalance as if informing of a routine matter. As if the occurrence had taken place elsewhere. As if it did not concern us in the least bit.

The Pakistanis who remember 1971 will relate that while a full-fledged war was raging in East Pakistan, we were being told some Bengali terrorist were merely disturbing law and order and the situation would soon be under control. On 16th December, a table was set up in the battle-grounds of Dhaka on which the commanders of our military sat down with the enemy commander-in-chief and signed the deal to surrender. But we were told by our Commander-in-Chief that it was a “temporary ceasefire.” His words did not belie at all that the ignominy of the world’s biggest military defeat had befallen us. That united Pakistan was no more. We learnt of the reality when the radios across the world were announcing that India had captured East Pakistan.

The events of 2nd May were no ordinary events. They exposed the hypocrisy of the people who are supposedly our guardians and exposed the discrepancies in their words and actions. Our lie had been called out. We denied for eight years that OBL was in Pakistan but he was caught here. We kept calling the world mendacious when we ourselves were liars. Because of this lie, our defence system was reduced to tatters but our government was pretending as if our sovereignty and defence remained unscathed.

On the evening of 2nd May, some people caught their wits and then it was thrown around that we had “aided” the US and our help is what led the US to bin Laden. But what the world really wanted to ask was that why did we repeatedly lie to them? The CIA Chief, Leon Panetta, told the representative of Congress that Pakistan had either willfully hid OBL or it was incompetent. The army’s own retired general, Talat Masood, said that the presence of Osama in Pakistan was due to the incompetence of our institutions and if they knew, that was an even graver mistake than incompetence. Whether it was collusion or incompetence, our defence system and the people responsible for it have failed unequivocally at their professional obligations and national duties. A failure in defence responsibilities is unpardonable. If court-martials had been conducted when necessary, we would never have seen this day. It’s the mistake of a few people; but the humiliation and disgrace is the lot of the entire nation. How much longer will we have to take this? How many times will we pay for the crimes of others?

The writer is one of Pakistan’s most widely read columnists.

Courtesy: PAKISTAN TODAY

http://www.pakistantoday.com.pk/2011/05/lies-lies-and-more-lies/

The health minister of Punjab, Dr Tahir Ali Javed, who practiced in America from 1989 to 2002 is facing 30 law suits in the state of Nebraska U.S. in connection with the largest known outbreak of Hepatitis C infection

Pakistan minister faces US court

A provincial health minister in northern Pakistan is facing 30 law suits in the United States in connection with the largest known outbreak there of Hepatitis C infection.

The health minister of Punjab, Dr Tahir Ali Javed, who practiced in America from 1989 to 2002, has been formally accused by the state of Nebraska in connection with the Hepatitis outbreak which has been linked to his former clinic.

Vowing to defend himself in the US court, he told the BBC that he did not receive any legal notice while he was in the United States and that the cases date back some four years.

Read more : BBC

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More details : South Asia TribuneNebraska State Announcement

Most of Pakistani diplomats are peeing in their pants, as to what kind of precedent is being set by their government in Lahore!

Sex, Rhetoric And Diplomatic Impunity

Islamabad is hard pressed to withdraw its ‘diplo-basher’. New Delhi is only too relieved.

by Seema Sirohi , Amir Mir

Even at the best of times, he is known to be acerbic and pungent as they come, his anti-India vitriol alarming to the uninitiated. But last month, Pakistan’s UN envoy, Munir Akram, directed his bile at his live-in girlfriend and in the process earned a big, black eye for his country. His dreadful conduct took the wind out of Pakistani sails as Islamabad began its tenure as a non-permanent member of the Security Council—and just as it was gearing to deliver some good rhetorical punches there on behalf of the world’s Muslims.

What could be more un-Islamic than a relationship outside wedlock which under Shariah is punishable by Taliban-style retribution?

Akram’s stars plunged precipitously as New York’s tabloids screamed details of Pakistan’s “diplo-basher” and “abuser”. The US State Department asked Islamabad to withdraw his diplomatic immunity so he could face criminal prosecution as a common man. The Pakistani establishment didn’t know what hit them, struggling, as they were, with other difficult aspects of their tortuous relationship with Uncle Sam—border shootings and bombs dropping from American planes. They didn’t need a new complication from one of their own. The famed corridors of the United Nations were suddenly abuzz with talk of Akram’s physical, not verbal, violence. …

Read more : OutLook