Tag Archives: powers

Excerpt of Naseer Memon oped published in Sindhi Daily Kawish on the issue of controversail local govt. law

Creation of Metropolitan Corporations

· Government will create Divisional Head Quarter of Karachi, Hyderabad , Sukkur, Larkano and Mirpurkhas as Metropolitan Corporations But Karachi Metropolitan will be consist of five districts [Note: only Karachi is different from all other Metropolitan all other metro will be consists of only one district while Karachi five]

According to 1998 census MQM has only majority in two districts out of five. If Karachi Metro consists of five District Councils then MQM can have control on only two district councils and they cannot even win mayor ship of Karachi Metro! So MQM knowingly using this Ordinance created Karachi Metro based on five districts instead of 18 towns.

· Union Council boundaries with in the Metro area cannot stretch into any Talku or town

Please note that this doesn’t apply to Town boundaries, there are 5 districts and 18 towns are in Karachi. 18 towns were created in dictator Gen. Musharaf period gerrymandering so that MQM elect their Mayor. It was not possible before since out five districts MQM can only elect two districts only.

This also shows that Karachi is different from other Metro areas.

· Through this ordinance Mayor and Chairman have authority to remove encroachment and maintain peace using Criminal Procedure Code 109, 133, 143, 144 and 145 under the Police act of 1861 and under section 30A-34B. Also they have section 144 under their authority.

Using this authority MQM Bulldoze any Sindhi area, do not allow any political rally and activity, remove any flood relief camps etc.

· Using their financial resources councils have authority to create any new department

Obviously only Karachi and Hyderabad has revenue to create any new department. We already had seen how MQM created city police by recruiting its entire party worker. Rest assured how will these departments server the city.

· Using this ordinance Deputy Commissioner office becomes irrelevant and all the powers are transferred to Chief Officer, who reports to Metro Government. Only revenue matters left to DC office but Karachi will be different again.

Now you can imagine how MQM will utilize Chief Officer Office.

· Financial grant of Metro based on its financial needs, revenue potential and revenue generation

In other words since Karachi and Hyderabad generate most the revenue hence they need more money and rest of Sindh will go to hell. There is no parity for poverty which considers in federal divisible pool.

· Using this Ordinance there are many departments moved to Metro area but most consequential are primary education and fisheries

If Karachi metro can regulate primary education it means the small number of Sindhi medium school running will be closed and there will be no new sindhi medium school will open. Also fisheries department transferred to Karachi Metro mean they will regulate all the harbors where majority of Balochs and Sindhi currently works. They will also not allow any new fishermen housing society in future.

· Military dictator Gen. Musharaf police Ordinance only reactivated in Karachi only, rest of Sindh will still in 1861 act

Courtesy: Sindhi daily Kawish, 05 October, 2012

Via – World Sindh Congress (WSC) facebook wall.

Questions Surround New Supreme Court Order Disqualifying Prime Minister

The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.

On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.

The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.

Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”

This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.

Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?

While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.

Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.

This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?

Courtesy: http://americansforpakistan.com/2012/06/19/questions-surround-new-supreme-court-order-disqualifying-prime-minister/

Via – Twitter

Pakistan Splits: The birth of Bangladesh – By J R Saigal

About the Book

Description: Hard Bound, It is for the first time that a book has come out by a senior officer of the 1 Corps in the Western Sector, Shakargarh Region, where the Strike Corps of Indian Army fought its war. As a participant of war, Col. Saigal, analyses 1971 Indo Pak war in his book, and indirectly enables one to have the reasons for Kargil misadventure of the Pak Army. We get a good factual knowledge of Pakistan Army and why it is in the present shape. This book is unique in so far as it gives the insight into Sam Manekshaw’s personality- a fine soldier who has been misunderstood as also of the real liberator of Bangladesh, Lt.Gen. Sagat Singh, about whom very little is known. While narrating the facts of 1971 Indio-Pak war he very rightly spells out a question-Pakistan was spilt while the country had a General at the helm of state of affairs. Will the country be split again with a General at the helm of affairs-a pointer, he argues-as it is not in the interest of Pakistan and India both If a further split occurs, It will be in the interest of foreign powers.

Courtesy: http://www.abebooks.com/servlet/BookDetailsPL?bi=182036138&cm_ven=Twitter&cm_cat=TYShare&cm_pla=link&cm_ite=TYShare

East Pakistan, Balochistan, and now Sindh – Mohammad Ali Mahar

Not learning a lesson from the debacle of East Pakistan has brought Balochistan to the point where it is at the brink of ending its ties with the rest of the country, and the blame is being put on the ‘foreign element’ and the ‘misguided’ Baloch. If the real powers running the country refuse to hear the cries of Sindhis at this time, they would have no one to blame but themselves.

The PPP was always seen as a ray of hope for the Sindhis for a long time. A kind of last refuge. This administration has brought a common Sindhi to the point where he feels robbed of this hope. If ever there existed a Sindh card, the government has already sold it to its coalition partners for a few years in power

Continue reading East Pakistan, Balochistan, and now Sindh – Mohammad Ali Mahar

Brahamdagh : No talks with government, We welcome if US, NATO or India intervene, says BRP chief

Baloch Republican Party chief Brahamdagh Bugti living in exile claimed Wednesday Baloch movement did not enjoy any foreign support, saying but they would welcome it, be it from the US, NATO or the India.

‘We know foreign powers have their own interests; we think of our own greater interests”, he said in a telephonic press conference at Quetta Press Club.

Mr. Bugti said Baloch women, leaders, activists, students, writers, poets, and intellectuals were being picked up and eventually being disappeared and eventually turning up dead. Under such circumstances, we would welcome the support of foreign countries for independence, he said.

Bugti backed the US resolution on Balochistan and justified it was not against the sovereignty of Pakistan as every country possessed right to intervene in another country’s affairs if that state was involved in human rights violations ….

Read more » The Point

More details » BBC urdu

The supreme court on the army and ISI chiefs’ removal

By Nasim Zehra

Excerpt;

….. The prime minister is within his constitutional authority to remove the two chiefs, and therefore under what law would the Chief Justice of Pakistan interfere in the prime minister’s authority and ask for a no-removal guarantee by the latter? Giving such a guarantee would clearly restrict the constitutional powers given to the elected prime minister. Was the CJP overstepping his constitutional mandate? The CJP can re-interpret or use his own discretion, but not without undermining the Constitution.

Such an action by the CJP could set a dangerous precedent and could undermine the recent thawing of government-army tensions. The Chief Justice of Pakistan is humbly advised to re-trace his missteps on this matter. Meanwhile, the government would be ill-advised to give in writing that it will not remove the army and the ISI chiefs.

Courtesy: The Express Tribune, January 25th, 2012.

The constructive approach shown by Pakistan and India at a meeting between their prime ministers in Maldives

Pakistan-India cooperation win-win for region: US

By APP

WASHINGTON: Applauding the constructive approach shown by Pakistan and India at a meeting between their prime ministers in Maldives on Thursday, the United States has said cooperation between the two regional powers would be a win-win for the entire region. …

Read more » The Express Tribune

Clinton: U.S. must put economics at center of foreign policy

By CNN Foreign Affairs Correspondent Jill Dougherty

(CNN) — The United States must position itself to lead in a world “where security is shaped in boardrooms and on trading floors — as well as on battlefields,” U.S. Secretary of State Hillary Clinton will say Friday in a major economics and foreign policy speech in New York.

Economic forces, Clinton will say, are transforming foreign policy realities around the globe.

“We have seen governments toppled by economic crisis,” a text of the Secretary’s remarks released by the State Department on the eve of the speech reads. “Revolutions born in a Tunisian marketplace have swept across an entire region. Europe faces its strongest test in a generation, thanks to recession and debt. And everywhere I travel, I see countries gaining influence not because of the size of their armies, but because of the growth of their economies.”

Clinton will say she is updating U.S. foreign policy priorities to include economics “every step of the way,” suggesting the United States should take a cue from the leaders of emerging powers like India and Brazil who put economics at the center of their foreign policies.

“When their leaders approach a foreign policy challenge — just as when they approach a domestic challenge — one of the first questions they ask is, ‘how will this affect our economic growth?'” the text of the speech says. “We need to be asking the same question — not because the answer will dictate our foreign policy choices, but because it must be a significant part of the equation.”

In the address before the Economic Club of New York, the fourth in a series of speeches Secretary Clinton is giving on economics and foreign policy, she will say the world’s “strategic and economic center of gravity is shifting east” and the United States is focusing more on the Asia-Pacific region.

“One of America’s great successes of the past century was to build a strong network of relationships and institutions across the Atlantic,” she says. “One of our great projects in this century will be to do the same across the Pacific.”

The United States should help other countries find economic solutions to strategic challenges, especially in the Middle East and North Africa, she says. “We need a sophisticated effort to integrate the region’s economies, promote investment and assist in economic modernization. The Arab political Awakening must also be an economic awakening.”

Clinton takes aim at Americans who would turn inward, arguing “you can’t call ‘time out’ in the global economy. Our competitors aren’t taking a time out, and neither can we.”

Increasingly, the United States is focusing on “tracking and thwarting” the financiers of terrorism, using sanctions and other economic tools to cut repressive regimes off from insurance, banking and shipping, Clinton says.

Finally, Clinton says, the United States is “modernizing (its) agenda on trade, investment and commercial diplomacy to deliver jobs and growth for the American people.”

But the United States cannot compete, she says, if it is frozen in domestic political fights.

“Washington has to end the culture of political brinksmanship — which, I can tell you, is raising questions around the world about our leadership.”

Courtesy: CNN

Army wants Rangers’ operation to continue

– By Shamim-ur-Rahman and Baqir Sajjad Syed

KARACHI/ISLAMABAD: Chief of Army Staff Gen Ashfaq Parvez Kayani was briefed on Wednesday on the overall security situation in Karachi, an ISPR press release said.

The COAS, who visited the Corps Headquarters here, was also briefed on the flood situation in Sindh and the rescue and relief efforts being undertaken by the army.

A delegation of notables from the business community of Karachi also called on Gen Kayani and apprised him of their concern over effects of the law and order situation on business and industrial activities in the city.

Corps Commander Lieutenant General Muhammad Zahir ul Islam also attended the meeting.

Anticipating an early end to Karachi operation, the army has cautioned the government that the city could once again descend into lawlessness if special powers for Rangers were withdrawn.

“Progress in Karachi is reversible and operation being conducted by Rangers must continue,” a military official told Dawn on Wednesday.

He was speaking after Gen Kayani attended a briefing in Karachi on the ongoing Rangers’ operation against target killers, extortionists and terrorist groups.

The government has already said it will not extend the operation beyond the mandated period. It appeared from conversation with some military officers, who attended the briefing, that the government could end the operation prematurely and again hand over the responsibility of maintaining peace in the city to police, citing improvement in situation.

The army is, however, not ready to trust the city’s police, which is considered to be highly politicised and lacking the capacity to effectively act against all terrorists. …

Read more → DAWN.COM

New York Times – Pakistan Spies on Its Diaspora, Spreading Fear

By MARK MAZZETTI, ERIC SCHMITT and CHARLIE SAVAGE

WASHINGTON — F.B.I. agents hunting for Pakistani spies in the United States last year began tracking Mohammed Tasleem, an attaché in the Pakistani Consulate in New York and a clandestine operative of Pakistan’s military spy agency, the Directorate for Inter-Services Intelligence.

Mr. Tasleem, they discovered, had been posing as an F.B.I. agent to extract information from Pakistanis living in the United States and was issuing threats to keep them from speaking openly about Pakistan’s government. His activities were part of what government officials in Washington, along with a range of Pakistani journalists and scholars, say is a systematic ISI campaign to keep tabs on the Pakistani diaspora inside the United States.

The F.B.I. brought Mr. Tasleem’s activities to Leon E. Panetta, then the director of the Central Intelligence Agency, and last April, Mr. Panetta had a tense conversation with Pakistan’s spymaster, Lt. Gen. Ahmed Shuja Pasha.

Within days, Mr. Tasleem was spirited out of the United States — a quiet resolution typical of the spy games among the world’s powers.

But some of the secrets of that hidden world became public last week when two Pakistani-Americans working for a charity that the F.B.I. believes is a front for Pakistan’s spy service were indicted. Only one was arrested; the other is still in Pakistan.

The investigation exposed one part of what American officials say is a broader campaign by the Pakistani spy agency, known as the ISI, to exert influence over lawmakers, stifle public dialogue critical of Pakistan’s military and blunt the influence of India, Pakistan’s longtime adversary.

American officials said that compared with countries like China and Russia — whose spies have long tried to steal American government and business secrets — the ISI’s operations here are less extensive and less sophisticated. And they are certainly far more limited than the C.I.A.’s activities inside Pakistan.

Even so, officials and scholars say the ISI campaign extends to issuing both tacit and overt threats against those who speak critically about the military.

The ISI is widely feared inside Pakistan because of these very tactics. For example, American intelligence officials believe that some ISI operatives ordered the recent killing of a Pakistani journalist, Saleem Shahzad. ….

Read more → The New York Times

Possibility of “revolution” in Pakistan?

Ripe for revolution? – By Mahreen Khan

…. Despite a wave of public protests, Egypt is unlikely to emulate Tunisia, due to factors also present in Pakistan. Egypt has a sharp religious divide between Coptics and Muslims as well as numerous Islamic groups pitted against each other. Arab analysts cite low levels of literacy and a general feeling of apathy and defeatism in the population as further reasons that Egypt will continue to fester rather than revolt. Pakistan has these and additional factors which militate against a revolution: deep and multiple ethnic, linguistic, tribal and sectarian fault lines; a paucity of alternative intellectual narratives, radical leaders or strong unions; and an elected government and freedom of speech. Ironically, democratic elections and free speech help perpetuate the corrupt, unjust stranglehold of the feudal-industrial power elite. Revolutionary forces require a moral impetus that illegitimate dictatorship provides but elected government does not. Secondly, frustration needs to simmer under a repressive regime until it reaches the temperature for mass revolt. Pakistan’s free media allows an outlet for public dissatisfaction. The often harsh treatment of politicians and police officials at the hands of journalists and judges ameliorates public anger. Vocal opposition parties, unhindered street protests and strikes allow a regular release of fury, draining the momentum necessary for the emotional surge that revolutionary zeal requires. …

Read more : The Express Tribune

‘Parliament with unlimited powers can secularise state’

ISLAMABAD: The Supreme Court was hearing petitions challenging the 18th Amendment on Monday, DawnNews reported.

A 17-judge full court, headed by Chief Justice Iftikhar Mohammad Chaudhry, was hearing petitions challenging certain clauses in the Amendment.

During the hearing, the federation lawyer said that the parliament’s powers were limitless.

Responding to that, Chief Justice Iftikhar said that limitless powers could secularise the country.

Read more >> DAWN