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India-Pakistan

Jirga rulings on criminal cases 'against fundamental human rights': CJP

2018-08-31

[DAWN] Chief Justice of Pakistain Mian Saqib Nisar on Thursday deemed the jirga system "against fundamental human rights ...which often include carefully measured allowances of freedom at the convenience of the state... " and recommended that its scope be limited to civil cases only. The incumbent chief justice made those remarks while hearing a vani and sawara (marriage of underage girls against their will to settle murder and tribal disputes) case first taken up in 2005 during former chief justice Iftikhar Mohammad Chaudhry's tenure. "The jirga system is against fundamental human rights," Justice Nisar said. "Jirga and panchayat (tribal councils) cannot have the right to vani girls and award capital punishments. "Some people take their disputes to Jamaat-ud-Dawa ...the front organization of Lashkar-e-Taiba... , which then imposes heavy fines. This is illegal," the top judge warned. The chief justice defined the limit of a jirga's legal powers and jurisdiction, saying: "Jirga and panchayat can only settle minor civil disputes. If they are approached in such cases then that's fine. However, ars longa, vita brevis... jirga rulings on criminal cases intrude on the legal jurisdiction of Pak courts." Justice Nisar asked the advocate generals whether any legislation in this regard had been done at the provincial level. The chief justice also urged the federal government to take remedial action, "draft a law and send it to parliament. "Only parliament [then] can pass or reject such a law," he added. An additional advocate general told the chief justice that "the Sindh High Court has already declared the jirga system as illegal." At this, Justice Ijazul Ahsan added: "KP and Balochistan...the Pak province bordering Kandahar and Uruzgun provinces in Afghanistan and Sistan Baluchistan in Iran. Its native Baloch propulation is being displaced by Pashtuns and Punjabis and they aren't happy about it... have the most number of jirgas."

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India-Pakistan

Lal Masjid cleric asks SC to 'impose' Sharia

2015-12-12

[DAWN] Maulana Abdul Aziz ...nutball holy man who runs the Lal Masjid in the heart of Pakistain's capital. After instigating a rebellion against the state in 2007, he was caught trying to sneak away dressed in a burka. He rejects democracy as un-Islamic, which it probably is... , former khateeb of the Lal Masjid ...literally the Red Mosque, located in Islamabad and frequented by all sorts of high govt officials. The proprietors, Ghazi Abdul Rasheed and Maulana Abdul Aziz Ghazi, unleashed their Islamic storm troopers on the city, shutting down whorehouses and beating people up who weren't devout enough. The Musharraf govt put an end to the nonsense by besieging the place. Abdul Aziz Ghazi was nabbed while he was trying to escape dressed up like a girl. BBC reported that the corpse count at 173, but other claims, usually hysterical, say there were up to 1000 titzup. Among their number was Abdul Rashid Ghazi. Everyone then said tut-tut and what a nice guy he had been... , has made no secret of his vision regarding the complete enforcement of Sharia in the country. After failing to whip up a popular movement that would demand the imposition of Sharia law, the holy man turned to the Supreme Court on Thursday, submitting a petition asking the government to furnish reports listing the steps taken in this regard. Maulana Aziz, who has a penchant for stirring up controversy, had also made an impassioned appeal before a Supreme Court bench headed by then-Chief Justice Iftikhar Mohammad Chaudhry on March 27, 2012, asking him to invoke suo motu ...a legal term, from the Latin. Roughly translated it means I saw what you did, you bastard... jurisdiction and order parliament to enforce Sharia and shun English law. "Otherwise, Allah Almighty will initiate a suo motu," Maulana Aziz had cautioned the court when he appeared before it during the hearing of petitions moved against the alleged extra-judicial killings of innocent people in the wake of the Lal Masjid operation in 2007. The latest petition asks the top court to order the federal and provincial governments to take steps under the constitution that will enable Muslims to live in accordance with the teachings and the requirements of Islam, as set out in the Holy Koran and Sunnah. The petition names President Mamnoon Hussain, the four governors, National Assembly Speaker Sardar Ayaz Sadiq, the federal government and the chairman of the Council of Islamic Ideology (CII), as respondents. The petition also asked the court to direct the president and the four governors to order that reports on the observance of Sharia be placed before the national and provincial assemblies, and that provisions be made in the rules of these legislatures to provide for discussion on such reports. The petition also sought directions for the CII to make recommendations to parliament for adopting laws that would enable and encourage Muslims to bring their lives, individually as well as collectively, in accordance with the principles and concepts of Islam. The petition contended that the court should direct respondents to take proper steps under Article 31(1, 2a and b) of the Constitution to make the teachings of the Holy Koran and Islamiat compulsory; enable and facilitate the learning of Arabic language; ensure the correct and exact printing and publication of the Holy Koran and promote unity and the observance of the Islamic moral standards in the country. The petition also seek a declaration for the provision of free and compulsory education to all children aged five to sixteen, as well directions to obey Article 5 of the constitution and the their oath that asks for strive to preserve Islamic Ideology, which is the basis of the creation of Pakistain. Maulana Abdul Aziz is not the official khabteeb of Lal Masjid, despite having been associated with the mosque for many years now. The title of khateeb was withdrawn by the Islamabad Capital Territory (ICT) administration in 2004.

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India-Pakistan

Lawyers seek arrest of May 12 carnage culprits

2015-05-14

[DAWN] KARACHI: A large number of lawyers on Tuesday staged a protest demonstration on M.A. Jinnah Road to mark the eighth anniversary of the May 12 carnage in Bloody Karachi ...formerly the capital of Pakistain, now merely its most important port and financial center. It is among the largest cities in the world, with a population of 18 million, most of whom hate each other and many of whom are armed and dangerous... More than 45 people were killed and dozens others maimed on May 12, 2007 when the then deposed Chief Justice of Pakistain Iftikhar Mohammad Chaudhry arrived in Karachi to address a meeting of the Sindh High Court Bar Association on their golden jubilee while the Muttahida Qaumi Movement ...English: United National Movement, generally known as MQM, is the 3rd largest political party and the largest secular political party in Pakistain with particular strength in Sindh. From 1992 to 1999, the MQM was the target of the Pak Army's Operation Cleanup leaving thousands of urdu speaking civilians dead... staged a rally to protest against the politicisation of the judge's suspension. The lawyers also staged a sit-in on M.A. Jinnah Road where their leaders including presidents of the SHCBA and the Karachi Bar Association spoke. They deplored that the authorities were still unable to arrest the culprits behind the May 12 mayhem and demanded their arrest.

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India-Pakistan

May 12: 90-day detention for MQM suspect

2015-02-10

[DAWN] The Rangers on Monday apprised an anti-terrorism court that suspect Abdul Rafiq ‐ Muttahida Qaumi Movement ...English: United National Movement, generally known as MQM, is the 3rd largest political party and the largest secular political party in Pakistain with particular strength in Sindh. From 1992 to 1999, the MQM was the target of the Pak Army's Operation Cleanup leaving thousands of urdu speaking civilians dead... 's in-charge of the Mehmoodabad sector ‐ would be held in preventive detention for a period of 90 days. Rafiq, who the Rangers claimed not only ran a team of 'hit men' but was also involved in the May 12, 2007 carnage in the city, will be interrogated during his detention. On May 12, 2007, over 45 people were killed and dozens maimed when the MQM held a rally the day then deposed Chief Justice of Pakistain Iftikhar Mohammad Chaudhry landed at Bloody Karachi ...formerly the capital of Pakistain, now merely its most important port and financial center. It is among the largest cities in the world, with a population of 18 million, most of whom hate each other and many of whom are armed and dangerous... airport to address the Karachi Bar Association. Also read: Rangers arrest MQM worker for May 12 carnage Personnel of the paramilitary forces along with their legal team produced Rafiq alias Kaiyan in the chamber of the judge of ATC-IIl today with a detention order and a jail warrant. They informed the judge that the suspect was picked up during a targeted operation in Karachi's Mehmoodabad area. The legal team added that they had credible information about Rafiq's involvement in the May 12 violence and other terrorism-related activities.

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India-Pakistan

SC wants draft of Hindu marriage bill approved in 2 weeks

2015-01-14

[DAWN] The Supreme Court ordered the federal government on Tuesday to ensure that the draft of the proposed Hindu Marriage Registration Bill was laid before the cabinet for final approval in two weeks. The directions were issued when the attention of a three-judge Supreme Court bench, headed by Chief Justice Nasirul Mulk, was drawn to the issue by Dr Ramesh Kumar Vankwani, patron-in-chief of the Pakistain Hindu Council. The court had taken up a case relating to the implementation of a set of guidelines handed down in a June 19 judgment on minority rights. The issue relating to the absence of a Hindu marriage registration law has been highlighted before the Supreme Court more than once. In 2012, a bench headed by then chief justice Iftikhar Mohammad Chaudhry had taken up a similar issue over a newspaper column that pointed out problems faced by Hindus living in Pakistain in obtaining Computerised National Identity Cards and passports.

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India-Pakistan

Missing city lawyer reportedly hiding in North Waziristan

2014-12-12

[DAWN] City lawyer Zaheer Ahmed Gondal, missing for almost 18 months, had links with terrorist organizations and currently is in North Wazoo, the Rawalpindi police reported to the Supreme Court on Wednesday. "Therefore the case of Zaheer Gondal does not fall in the category of enforced disappearance," said the report submitted to the apex court on behalf of City Police Officer (CPO) Humayun Bashir Tarar. Zaheer Gondal's case cropped up during a suo motu ...a legal term, from the Latin. Roughly translated it means I saw what you did, you bastard... hearing in the Supreme Court of the March 3 terrorist attack on district courts complex in F-8 sector of Islamabad this year in which 11 people including an additional sessions judge were killed. After receiving the police report, Chief Justice Nasirul Mulk, heading the three-judge bench seized with the issue, separated the case of Zaheer Gondal and set it for hearing on Jan 13, 2015. Zaheer Gondal's alleged kidnapping by unidentified persons from Rawalpindi in July 2013 had also come up before a bench headed by the former Chief Justice Iftikhar Mohammad Chaudhry in October 2013 when the Punjab government had told the court that the cellular data recovery (CDR) of the missing person led the police to a safe house owned by the ISI. In the report the police explained that the ground check of the missing lawyer and his family history revealed that he, and his brother Tanveer Gondal, had links with terrorist organizations.

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India-Pakistan

Bogus degree lands former MNA Nahra in jail

2014-03-01

[DAWN] GUJRANWALA: The police on Friday sent former MNA Mudassar Qayyum Nahra behind the bars moments after District and Sessions Judge Tariq Iftikhar sentenced him to one-year imprisonment in a bogus degree case. The verdict (including a minor fine) sent the former MNA's supporters in frenzy. Nahra contested the 2007 general elections for an NA-100 seat as an independent candidate and defeated PML-Q's Rana Bilal Ijaz, son of former MNA Rana Ijaz Ahmad, with a huge margin. Later, he expressed his confidence in the leadership of the PML-N. His electoral rival challenged his graduation degree in an election tribunal of the Lahore High Court. Justice Nasir Saeed Sheikh on June 21, 2010 disqualified him and ordered by-election in the constituency. Nahra filed an appeal in the Supreme Court a three-member bench (led by Chief Justice Iftikhar Mohammad Chaudhry) of which upheld the election tribunal's decision. The court also ordered registration of a case against him. On the advice of the Election Commission of Pakistain, the Civil Lines police started the paperwork but haven't done much else against him on Aug 11, 2012 and also submitted charge-sheet in the sessions court. The D&SJ recorded the statements of several witnesses during a year and a half and reserved the verdict two days ago after hearing arguments of both sides. Friday's verdict created uproar in court as the police locked away Drop the rosco, Muggsy, or you're one with the ages! the convict amid resistance by his supporters who rolled their eyes, jumped up and down, and hollered poorly rhymed slogans real loud against the law enforcers and rival politicians. The PML-N had awarded ticket to his brother, Azhar Qayyum Nahra, for the same seat in the 2013 general elections and he defeated former PPP MNA Tassadaq Masood and other aspirants. Nahra said he would move the Lahore High Court against the verdict.

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India-Pakistan

Pakistan Supreme Court gets new Chief Justice

2013-11-28

[The Hindu] The President of Pakistain on Wednesday approved the appointment of Justice Tassaduq Jillani as the next Chief Justice of the Supreme Court, according to official sources. Justice Jillani who is acting Chief Election Commissioner, will take over on December 12, 2013 from Chief Justice Iftikhar Mohammad Chaudhry when he retires after a tenure of eight years. A Supreme Court judge since 2004 he too was sacked like many others after General Pervez Perv Musharraf ... former dictator of Pakistain, who was less dictatorial and corrupt than any Pak civilian government to date ... imposed an emergency in 2007.

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India-Pakistan

Commission formed to probe gunman's drama

2013-10-02

[Dawn] Six weeks after the event, the federal government on Monday constituted a judicial commission to probe last month's hairy standoff between a cornered gunman and the police in the heart of Islamabad. Additional Attorney General Shah Khawar announced the formation of the three-member commission to a bench of the Supreme Court, headed by Chief Justice Iftikhar Mohammad Chaudhry, which is hearing a private petition that questioned the role of the media and the police in the high drama. Live coverage of the afternoon drama by television channels on August 15 had kept the nation on tenterhooks. It ended with the police shooting and capturing the gunman Malik Sikandar, in the wake of unwanted, and controversial, bravado shown by an opposition politician to overpower him. Petitioner Tariq Asad had requested the Supreme Court to direct the media to act responsibly and appoint a commission "under a reputed retired military officer to probe and discover the conspiracy behind incident". Ex-judge Shahid Saeed of the Lahore High Court heads the commission announced by the federal government, with Additional Secretary Capital Administration and Development Division (CADD) Javed Akhtar and Director (Investigations) FIA Dr Usman Anwar as members. They have been given three weeks to find out any mishandling of the August 15 crisis and suggest procedures to avoid such a situation in the capital in future. Television footage of the entire drama could be a great help to the commission in its task. Armed with two assault rifles and carrying his wife Kanwal and their two kids in a car, Malik Sikandar crossed several police check points in the city centre undetected but was stopped at one point that denies entry into the Red Zone of the federal capital. That angered him and he drove off firing in the air. Police cars gave him chase, knocked down the fender of his car and cornered him in a shopping area. Instructions to police to catch him alive produced a primetime live drama for the television channels. Interspersed with commentaries and discussions, the channels showed police negotiating with Sikandar, first through his wife and then directly, and the botched attempt by local PPP leader Zamarud Khan to grab him that made police shoot at him and capture him. AAG Shah Khawar informed the court that the notification forming the commission under the Pakistain Commission of Inquiry Act 1956 had been issued on Monday. About its terms of reference (ToR), the law officer said the commission would consider in depth the capacity of the Islamabad Capital Territory (ICT) police to handle hostage situations and point out shortcomings in the police force. It will also probe into the Islamabad police failing in cordoning off, and ensuring effective control, at the hot spot, "resulting in uncalled for intrusion". Similarly, the commission will probe the failure of the Islamabad administration and police to respond as a coherent unit. The role of the administration was incorporated in the ToR in the light of a Supreme Court observation. In its August 23 hearing, the court had expressed disappointment over the failure of the magisterial administrative system of governance and held that the district magistrates were equally responsible in controlling the law and order situation as head of the district administration. Then the court had suggested Secretary Interior Qamar Zaman to consider incorporating the role of the district magistrate in the terms of reference of a committee being set up on the orders of Interior Minister Chaudhry Nisar Ali Khan to probe into the incident.

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India-Pakistan

CJ says God's name being used to evade justice

2013-09-14

[Dawn] Chief Justice Iftikhar Mohammad Chaudhry on Friday said pardoning in God's name someone convicted of murder by a court of law was tantamount to evading the law, DawnNews reported. The chief justice's remarks come days after the parents and two sisters of Shahzeb Khan, who was murdered in cold blood by a business tycoon's son and his three accomplices, approached the Sindh High Court to seek acquittal of the convicts after pardoning them "in the name of Allah". The pardon of the men convicted of Shahzeb's murder triggered a widespread debate over whether the country's elite could be held accountable for crimes they committed as the prime accused belonged to powerful feudal families. Today, Chief Justice Iftikhar was speaking on the matter during the hearing of another murder case. The chief justice stated that it was wrong to use Koranic verses and religion for personal gains. He said most suffering individuals and families were usually pressured into pardoning the convict, adding that it was the responsibility of the court(s) to prevent acts that harm not only certain people and families, but society on the lam from occurring. Chief Justice Iftikhar declared that if an agreement between the parties fails to bring peace to either of the two, it could not be regarded as such. The agreement between the parties has to be valid for a court of law to allow the pardon for the convict(s). The chief justice has asked Attornery General Munir A. Malik, all four provincial prosecutor generals and Advocate Shahid Hamid, who is representing a party in the case heard today, for their opinions on the issue relating to pardon in murder cases by September 23.

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India-Pakistan

DG Rangers reveals facts behind Karachi weapons smuggling

2013-08-31

[Dawn] The Director General of the Sindh Rangers Maj-Gen Rizwan Akhtar on Friday informed the Supreme Court that around 19,000 shipping containers containing weapons and vehicles had gone missing during the tenure of the former minister for ports and shipping. Um. That seems a great deal, but perhaps they're only small containers. A five-member bench of the apex court headed by Chief Justice Iftikhar Mohammad Chaudhry, and comprising of Justices Jawwad S. Khawaja, Gulzar Ahmed, Athar Saeed and Azmat Saeed, was hearing the implementation of its judgment in the Bloody Karachi ...formerly the capital of Pakistain, now merely its most important port and financial center. It is among the largest cities in the world, with a population of 18 million, most of whom hate each other and many of whom are armed and dangerous... law and order case. The chief justice directed authorities to submit a report on the illegal smuggling and theft of duty at Karachi's seaports within the next seven days. The chief justice also formed a one-member commission, comprising former Curtoms Collector Ramzan Bhatti, and ordered the Federal Bureau of Revenue (FBR) to fully cooperate with the commission in investigating smuggling activities at the ports. The court also ordered Nadra to complete its task of weapons registration in the shortest possible time. Friday's hearing -- the third consecutive hearing of the case held at the Karachi registry --was attended by top government officials including the Inspector General Sindh, Additional IG, three Zonal IGs, DG Rangers Sindh Rizwan Akhtar and the Chief Secretary, along with other top official of the Sindh government. During the previous day's proceedings, the chief justice had noted that a large quantity of arms and ammunition were being smuggled into Karachi through ports and supplied throughout the country. He had also pointed towards reports of about 19,000 containers containing weapons and vehicles that had gone missing, and had asked DG Rangers Rizwan Akhtar to submit further details on the disappearance. Presenting his report, Akhtar informed the bench today that the matter of the missing containers was now a few years old and that they had disappeared during the tenure of the former minister for ports and shipping. Akhtar said that the weapons were taken to the tribal areas and then brought back to the port city. He said that National and Super highways and Hub routes were used in their transportation. He informed the bench that there were 'hundreds of routes' between Sindh and Balochistan ...the Pak province bordering Kandahar and Uruzgun provinces in Afghanistan and Sistan Baluchistan in Iran. Its native Baloch propulation is being displaced by Pashtuns and Punjabis and they aren't happy about it... where there were several security check-posts but no law enforcement personnel to man them. The DG Rangers said that illegally smuggled weapons previously of the US military troops in Afghanistan were also recovered in Wazoo when he was serving in the restive tribal region. The DG Rangers also told the court that 78 per cent of the illegal weapons being used in Karachi were foreign-manufactured. He said these included AK-47s and 9mm guns, which were mainly used in murder crimes in the city. Akhtar also pointed to the lack of proper monitoring at the ports. He said that there was need for scanners as properly scanning thousands of containers was a very difficult task. The bench had also summoned the Chief Secretary to the court. When asked how many CCTV cameras were presently installed in the city, the Chief Secretary told the bench that 1200 cameras were currently placed in different parts of Karachi. However, there is a theory which states that if ever anybody discovers exactly what the Universe is for and why it is here, it will instantly disappear and be replaced by something even more bizarre and inexplicable. There is another theory which states that this has already happened... of these, a majority were in need of repair while the rest have been put up in such a way that they are unable to show any clear footage of the area.

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India-Pakistan

Chief justice will not hear Perv's bail case

2013-07-10

Hell hath no fury like a Chaudhry jugged... The Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry, has recused himself from the bench hearing an appeal against post-arrest bail granted to General (retd) Pervez Musharraf by the Islamabad High Court (IHC) in a case relating to detention of judges after the proclamation of emergency on November 3, 2007. “I shall not hear the plea for cancelling the bail granted by the high court,” the chief justice said and directed the Supreme Court’s office to send the case filed by advocate Aslam Ghumman to another bench. The court office had placed the appeal before a bench headed by the chief justice who had also remained in detention until his reinstatement in March 2009. On June 11, the IHC had granted bail to the former president on a surety bond of Rs500,000. A division bench of the high court held there was no record to determine Musharraf’s role in placing over 60 judges in detention. Ghumman filed the petition, challenging the IHC’s order of granting bail to Musharraf after removing terrorism from the charge-sheet and requesting the apex court to set aside the decision and order his arrest.

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