Tribune  Tue, 07 Feb 2012 07:44:32 +0000

ISLAMABAD: The Supreme Court on Tuesday admitted a petition asking the court to stop the sacking of Chief of Army Staff General Ashfaq Parvez Kayani and Director-General Inter-Services Intelligence Chief Shuja Ahmed Pasha for regular hearing.

Hearing the petition filed by lawyer Fazal Karim Butt, Chief Justice Iftikhar Muhammad Chaudhry observed that a judicial bench will be constituted to hear the plea.

Rebuffing the registrar’s earlier objection on the the petition’s maintainability, the chief justice said that the registrar “cannot raise such objections.”

The chief justice asked Attorney General Maulvi Anwarul Haq to take directives from the government and inform the court if the government had any reservations on the plea. AG Haq replied to the court saying that the court can admit the petition for regular hearing as per its rules and if the government has any reservations on the maintainability of the petition, it will be informed to the court.

The Supreme Court directed the registrar to present the plea to a judicial bench.

Chief Justice Chaudhry also remarked that the petition could be heard in a chamber, but that the court wanted to keep the public aware of the court’s proceedings in the case.

In the last hearing, the government had told the Supreme Court that it had no intention of sacking the army and ISI chiefs for their ‘unconstitutional and illegal’ replies in the Memogate hearing.

Butt had based his petition on media reports that the government was planning to sack General Kayani and Lt General Pasha over their stance in the Memogate scandal. In Butt’s view, the court would have to ‘restrain’ the government to protect the military heads.

However, the AG had dismissed the claims as media speculation.

Tribune  Tue, 07 Feb 2012 01:44:25 +0000

One of the more interesting topics is when to set up the caretaker government.

Sources in the PML-N told The Express Tribune that Prime Minister Yousaf Raza Gilani assured opposition parties that he would announce the caretaker set up in May, right after the verification of the voter list would be completed.

Sources in PPP and PML-Q also told The Express Tribune something similar – and took it a step further: They said that the PPP and PML-Q have suggested that the next budget be presented by the caretaker set up. The argument was that an elected political government could not afford to announce a non-peoples friendly budget, which was the need of the hour given the state of Pakistan’s economy. Drastic steps would be required to tackle debt issues and other expenditure cuts – and an interim set up would be perfect to do this.

Sources said that, when this was brought up, opposition parties expressed their reservations, saying that government wanted to pawn off its baggage. Opposition parties have not yet agreed to this proposal – however, they said that all have agreed that this issue would be discussed in May.

Meanwhile, other breakthroughs are said to have been reached during Monday’s talks.

According to sources, it has been decided that the current four members should be awarded five-year terms.  However, PPP’s demand of an extension in the tenure of incumbent Chief Election Commissioner (CEC) Justice (retd) Hamid Ali Mirza has been rejected and it has been decided to appoint a new consensus CEC.

It has been decided that the removal of the existing members of ECP should be made as difficult as the removal of judges of superior courts – i.e. references have to be sent to the Supreme Judicial Council.

Sources further said that PPP has almost agreed to the PML-N’s proposal that a commission should be formed for the new provinces issue.

Published in The Express Tribune, February 7^th, 2012. 

Tribune  Tue, 07 Feb 2012 07:06:46 +0000

KARACHI: Officials in the United States Department of State are said to have been supporting a proposal circulating in the administration for the US to issue a formal apology over the deaths of Pakistani soldiers in the November 26 Nato airstrike, The New York Times reported on Tuesday.

The daily quoted a US official, briefed on the State Department’s view, as saying, “We’ve felt an apology would be helpful in creating some space.”

Earlier, the White House had said that US President Barack Obama will not issue a formal apology or condolences on the deaths.

Additionally, as a first step towards thawing frosty strategic ties between United States and Pakistan by the Obama administration, the head of United States military’s Central Command (Centcom) General James N Mattis is scheduled to arrive in Pakistan this month to meet Chief of Army Staff General Ashfaq Parvez Kayani.

The New York Times reported that General Mattis is likely to discuss investigations of the November 26 attack by Nato forces that killed 24 Pakistani soldiers, along with new border coordination procedures to avoid such incidents in the future.

US Department of State spokesperson Mark Toner had earlier countered a report that General Mattis’ trip to brief Pakistan over the Nato-Isaf investigation report of the attack had been cancelled, saying that the trip had postponed due to internal political dynamics of Pakistan.

Officials in the US and Pakistan think that the talks between General Mattis and General Kayani will set off a sequence of negotiations and engagements that will revive the tattered relationships between the two countries.

Pakistan, hours after the Nato-Isaf report was launched had rejected it, calling it “short on facts” and also had declined US’ offer to become a part of the joint probe. While the US inquiry places major blame on Nato, it maintains that Pakistani soldiers fired first.

The US, through back channels, has hinted at coming up with a clear stance on the Nato attacks in order to pacify resentment in Pakistan.

Pakistan has also recently hinted at resuming Nato supply lines which have been closed down for over a period of two months.

Pakistan Ambassador to US Sherry Rehman had met with General Mattis in Washington. In the meeting, Rehman had stressed the need for both countries to work together to build a relationship that is “equitable, transparent and predictable.”

Rehman had added that Pakistan endured the most sacrifices out of any country in the war against terror, and that they had also contributed the most towards successes in the war.

The Centcom Commander had acknowledged Pakistan’s contribution, especially the close cooperation of Pakistani military with Nato/Isaf forces stationed in Afghanistan. General Mattis had also stressed the importance of continued collaboration between both countries at all levels.

Tribune  Tue, 07 Feb 2012 06:29:28 +0000

WASHINGTON: The decision to grant US citizenship to Dr Shakil Afridi, the man who allegedly helped the US in tracking down Osama bin Laden, has not been finalised, said US State Department Spokesperson Victoria Nuland on Monday.

A US Congressman had tabled a bill on Sunday to the House of Representatives asking that Dr Afridi be ranted citizenship, calling for the doctor to be deemed “a naturalised citizen of the United States.”

Afridi is under arrest in Pakistan and had allegedly organised a polio vaccination campaign in Abbottabad for the Central Intelligence Agency, in order to collect DNA sample to prove that the al Qaeda leader was present in the Abbottabad compound.

Nuland, in the daily press briefing, said: “Congress resolution which is moving through the Congress now, it is not finalised yet. But generally, these kinds of moves on behalf of individuals… don’t have force of law. It’s a recommendation.”

When asked about a ‘Pakistani lobbyist’ in the US who allegedly wrote a letter to the US officials to apologise on behalf of Pakistan on the November 26 Nato attack, Nuland clarified that there were no lobbyists being used for communication between the two states.

“We do our business with Pakistan through our representatives in Islamabad and throughout the country as well as through the Pakistani Embassy here,” she said.

Tribune  Tue, 07 Feb 2012 04:43:01 +0000

“Polls for these 10 vacant seats will take place as per the schedule that has already been announced by the ECP,” said Khan. “The Supreme Court has allowed the ECP to conduct by-elections on the condition that they must be held on the basis of verified and fair electoral rolls,” he said, adding that “the ECP has been able to arrange fresh and verified voters’ lists exclusively meant for those 10 seats from NADRA.”

A fresh voters’ list has been prepared on the urgent request of the ECP, which had asked NADRA last month to prepare the verified electoral rolls of the 10 constituencies within 10 days on an emergency basis. Accepting the request, NADRA promised to prepare the required lists within the time frame fixed by ECP.

“The ECP has received fresh, authentic and error free electoral rolls from NADRA on Sunday,” the spokesman said. “The Supreme Court had forbidden the ECP to hold the said by-elections on the basis of the old voters’ lists, as those were found to be polluted and unverified.”

The ECP was about to postpone the by-elections, but the registrar of the apex court had asked the commission in a clarification that the ultimate focus should be on verified/valid electoral lists, in order to meet the requirement of the Constitution under Article 218 (3), which stipulates that the elections should be conducted honestly, fairly and in accordance with the law. The election commission is now free to hold the by-elections subject to what has been observed by the Supreme Court in its order, the clarification added.

The clarification from the court’s registrar came when the Election Commission’s secretary gave the impression that the court had stayed the holding of by-elections. Polling for the six National Assembly and four provincial assembly seats will be conducted on the basis of these fresh lists.

Published in The Express Tribune, February 7^th, 2012.

Tribune  Tue, 07 Feb 2012 00:51:44 +0000

Unable to secure the two-thirds majority needed for approval of a constitutional amendment in the National Assembly, the government once again shied away from presenting the 20th Amendment Bill on Monday and deferred the matter without giving an alternative time frame.

The 20th Amendment Bill is intended to provide legal cover to the actions of the chief election commissioner (CEC) during the time when the Election Commission of Pakistan (ECP) was incomplete, as defined by the 18th Amendment.

The bill suggests an amendment to Article 219 of the Constitution that relates to “duties of  the commission” through insertion of a new proviso: “Provided always that till such time the members of the commission are appointed in accordance with Article 218(2), the commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this article.”

Negotiations continued outside the parliament.

Meeting hours after the court’s decision earlier in the day, top leaders from across the political spectrum held a marathon meeting to discuss how to reach at some common ground on the amendment.

The PML-N had also called for appointing a new chief of the ECP to replace what it considers a ‘handpicked’ choice of President Asif Ali Zardari.

Furthermore, the opposition party wanted the government to enhance the tenure of ECP members from current two to five years.

Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan told the media after the meeting that talks had stalled because the government was not forthcoming in meeting the PML-N’s demands.

He said the government was trying to give extension to the current chief election commissioner which was not acceptable to the opposition. Chaudhry Nisar said his party wanted the appointment of election body chief after a “consensus” between the prime minister and opposition leader – and that mere “consultation” was not acceptable.

Religious Affairs Minister Syed Khurshid Ahmed Shah, who led the government negotiators, made an attempt to play down differences, claiming that talks were moving ahead positively and a breakthrough was expected shortly.

“Democracy flourishes with differences and such negotiations to overcome them … it is part of the game,” said Shah, painting a picture totally different from what Nisar portrayed.

Syed Naveed Qamar and Senator Raza Rabbani from the PPP and Senator Ishaq Dar and Khawja Asif from PML-N were also present in the meeting.

Published in The Express Tribune, February 7^th, 2012. 

Tribune  Mon, 06 Feb 2012 17:51:01 +0000

ISLAMABAD: Water and Power Minister Naveed Qamar said in the National Assembly that there will be no loadshedding in Pakistan from Monday onwards.

He made this announcement in response to a question related to power outages by MNA Sardar Saleem Haider.

“We have taken steps to produce more electricity to overcome the dilemma of power outage,” Qamar said on floor of the House.

He, however, could not explain how the government will succeed in its claim that there will be no loadshedding from Tuesday.

Private Power and Infrastructure Board Bill- 2011

Earlier, the Senate passed the Private Power and Infrastructure Board Bill- 2011 despite opposition from the Awami National Party (ANP).

The bill, aimed at attracting and facilitating private investment in the power sector, was already passed by the National Assembly. The bill will now be sent to President Asif Ali Zardari for final approval.

The Private Power Infrastructure Board was established in 1994 by the federal government through a notification and later was given legal cover through legislation.

Power minister Qamar had highlighted the benefits of the bill, saying it would help the federal government implement its power policy fully, award projects and facilitate private power companies.

According to the minister, the bill will empower the concerned ministry to coordinate with provincial governments, including Azad Kashmir, Gilgit-Baltistan and other regulatory bodies over the implementation of power policies.

Tribune  Tue, 07 Feb 2012 04:55:14 +0000

Uzma’s brother Zafran told The Express Tribune that his niece, Zeba, who was born on January 20, fell seriously ill and was rushed to the Lady Reading Hospital (LRH) in Peshawar.

Zeba’s mother Uzma was allegedly picked from her house in 2009 and was missing for a year. She has accused 13 people, including three police officials, for allegedly gang-raping her.

Uzma is reported to have been kept by one group of men for nine months, which later handed her over to another group who kept her for four months. In September last year, she was finally recovered, and returned home – pregnant.

She decided to keep her child, who she hoped could be used to prove her innocence.

The Peshawar High Court, which took suo motu notice of the case, had ordered DNA tests of both Uzma and Zeba to ascertain the parentage.

Earlier, SSP Kohat Attiq Wazir informed The Express Tribune that Uzma and Zeba’s blood samples had been sent to the Armed Forces Institute in Rawalpindi as per the instruction of the PHC.

Uzma’s brother Alamzeb, who had been actively fighting for his sister’s rights, was killed last month outside a district court in Karak.

Published in The Express Tribune, February 7^th, 2012.

Tribune  Tue, 07 Feb 2012 04:49:38 +0000

Khan told iMediaEthics, a website which advocates for fair journalism, by phone that the report in The Atlantic “is totally rubbish and based on lies by William Langewiesche, who is a liar.” The Bani Gala house in sight of Rawal Lake “is totally a legal construction and there are dozens of houses in the row of my house.”

“The court has requested me not to indulge in such interviews and conflicting debates,” Khan said, “but despite this I would like to say that the writer, William Langewiesche, has been involved for a long time in my character assassination campaign.”

Langewiesche’s story sets up a dramatic opposition: the wealthy Khan, with the large country home, against Islamabad’s poor, who ultimately drink water polluted by development near the lake.

Khan did not just build a weekend house, according to Langewiesche. He (and soon his rich, powerful friends) defied zoning laws in his choice of location. Langewiesche wrote: “The attraction was not in the setting on the lake (there are prettier lakes nearby) but, rather, in the open defiance of the law – an opportunity for the display of personal power.”

iMediaEthics found that Langewiesche and The Atlantic fact checkers failed to square that account against the zoning laws and English-language court records that in fact show Khan’s home is perfectly legal.

On June 25, 1992, Pakistan’s Capital Development Authority and Islamabad police launched an operation against residents of Bani Gala to confront supposed encroachment on the lake. Police arrested more than 70 Bani Gala residents, and during a seven-hour standoff, crossfire between the police and the villagers killed two men. The lake development gained instant infamy.

In 1998, Dr Khan was among villagers who filed suits against the CDA, asking for an end to the construction ban or for separate land on which they could build. On June 25, 1999, Justice Muhammad Nawaz Abbassi found in favor of Dr Khan and other petitioners. An order to bulldoze Khan’s and other villagers’ homes was dismissed.

iMediaEthics spoke with SM Zaffar, a senior lawyer and senator, who fought the case in the Islamabad High Court . He confirmed that “the government cleared the position that there is no issue and problem with the house of Khan in Bani Gala” in the case.

When contacted by iMediaEthics, Malik Farukh Nadeem was the teshildar – the senior revenue officer on the sale, purchase and transfer of land, he’s now Islamabad’s city magistrate. “The house of Dr A Q Khan is totally legal,” he said. “… The verdict of the court has legalised this whole area for all kinds of construction.”

Why did Langewiesche accuse Khan of illegality in Bani Gala? Khan told iMediaEthics that the author “never approached me to take my version” before publication – a basic practice of ethical journalism. In the same November 2005 report, Langewiesche also insinuated – by recounting a question to a source – that Khan may have “frequented prostitutes” while working in the Netherlands.

To add insult to the injury, Khan’s full name is misspelled throughout the 13,400-word report as Abdul Quadeer Khan instead of Abdul Qadeer Khan. Langewiesche corrected the spelling in The Atomic Bazaar, a 2007 book. Online, in The Atlantic’s archives, the error persists.

For its part, The Atlantic has stood by the 2005 article and also emphasised the impossibility of hearing Khan’s side of the story.

Natalie Raabe, spokesperson for The Atlantic said: “This article was carefully researched, reported, and fact-checked, and we stand by it. In reporting the story, Mr Langewiesche naturally attempted to interview Dr Khan. Dr Khan, however, was under house arrest and security services denied all access to him. To this point, Langewiesche writes in the article that Dr Khan was ‘…surrounded by guards and security agents, cut off from contact with the outside world, not allowed to read the newspapers or watch television, let alone to use the telephone or the Internet, and held beyond the reach of even the intelligence services of the United States.’ ”

Published in The Express Tribune, February 7^th, 2012.

Tribune  Tue, 07 Feb 2012 01:46:52 +0000

The order came on Monday as Chief Justice Iftikhar Muhammad Chaudhry resumed hearings of a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan, requesting the apex court to block by-elections until the Election Commission of Pakistan (ECP) prepares corrected electoral rolls that do not contain unverified voters.

The issue stems from the 18th Amendment, which directed the government to reconstitute the ECP, and appoint a permanent body comprising the chief election commissioner (CEC) and one retired high court judge from each of the four provinces. The government did eventually appoint four retired high court judges as members of the ECP last year.

However, the posts were vacant from April 2010, when the amendment was passed, till their appointment in June 2011. During this period, by-elections were held for a number of parliamentary seats, despite the ECP being incomplete.

This has resulted in Monday’s suspension.

“We are disappointed,” the CJ said. “The parliamentarians should themselves have refused the perks and privileges, saying the parliament was yet to legitimise their election.”

“The suspension is for all legal consequences, as they cannot vote in the upcoming Senate election or to attend the official meetings,” the court stated in its written order.

Justice Chaudhry added that the court had shown much restraint in the matter as, considering that it had pointed out the constitutional irregularities ever since the 18th Amendment was passed.

Some big names are among those who – at least temporarily – are in a state of electoral limbo.

Among the suspended members are 16 provincial assembly members, nine National Assembly members and three senators.

A couple of suspended parliamentarians, who were also federal ministers, were made advisors, so they could continue their jobs.  Finance Minister Dr Abdul Hafeez Sheikh and Petroleum Minister Dr Asim Hussain, both senators from the PPP, lost their portfolios.

After the Supreme Court judgment, Dr Shaikh had to cancel a joint press conference scheduled in the evening with the visiting Iranian Vice President for International Affairs.

Meanwhile, the court rejected Imran’s appeal to the court to stop by-elections until new rolls are provided by the ECP.

Published in The Express Tribune, February 7^th, 2012. 

Tribune  Tue, 07 Feb 2012 04:48:11 +0000

The move to expedite work on the project came at the meeting of the Pakistan-Iran bilateral talks led by visiting Iranian International Affairs Vice President Ali Saeedlou and Finance Minister Abdul Hafeez Shaikh.

“Work on the gas pipeline will be intensified in a bid to complete the project as soon as possible,” asserted Shaikh. The Iranian vice president also expressed his commitment to the project and vowed to complete the pending work at the earliest.

“Both sides reviewed the progress on the IP project and we are confident that it will be completed by the end of 2014,” Petroleum Secretary Ijaz Chaudhry told The Express Tribune.

However, the announcement is bound to draw a strong reaction from Washington, which has recently delivered its toughest warning yet to Pakistan regarding the plan to import gas from Iran.

Last week, a senior US diplomat conveyed to Islamabad that any attempt to go ahead with the gas pipeline would be considered as ‘furthering Iran’s nuclear programme’, sources said.

An US diplomat has also confirmed the development saying that Washington has serious reservations over the Iran-Pakistan (IP) gas project.

“Pakistan will be in for serious trouble if it does not abandon the project,” the American diplomat warned, while talking to The Express Tribune.

“Any country, any bank or any financial institution which tries to work with Iran, will certainly be slapped with sanctions,” he maintained saying Washington was offering alternatives to Islamabad to meet its energy needs.

Islamabad and Tehran also discussed ways to enhance banking cooperation and strike a currency swap arrangement to promote bilateral trade.

Published in The Express Tribune, February 7^th, 2012.

Tribune  Tue, 07 Feb 2012 01:23:13 +0000

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry had taken a suo motu notice of the killings on Sunday.

Domki’s wife, daughter and driver were gunned down early morning on January 31 near the Gizri Bridge in Karachi’s upscale Defence Housing Authority area.

The victims were also related to Baloch Republican Party (BRP) chief Brahamdagh Bugti.

Hearing a petition filed earlier by the Balochistan High Court Bar, the apex court directed the Inter-Services Intelligence (ISI) and the Military Intelligence (MI) to submit a comprehensive report about the security situation of Balochistan within the given deadline.

The court ordered that the ISI and MI reports should not only entail the findings of the missing persons’ case but also incidents of target killings.

The chief justice also ordered Sindh’s police chief, Inspector General Mushtaq Shah, to appear before the court in person during the next hearing.

Shah told the court that investigations are under way and said that the police feared that personal enmity could be behind the incident. However, the chief justice remarked that the killings cannot be the result of an enmity.

Shah also said that the family members were not giving any statement on the incident and that the only survivor of the attack – the maid – has refused to record her statement.

Shah told the court that President Asif Ali Zardari phoned him twice to ask about the progress of the case.

The chief justice expressed dissatisfaction over the progress of the investigations, and reminded the IG that it was the duty of the agencies to determine the cause of the attack.

When Attorney General Maulvi Anwarul Haq requested an extension for the case, the court said that the investigations should have been compiled “within 24 hours” given the sensitivity of the case.

The chief justice remarked that the ISI and MI should work together in order to catch the culprits responsible for the attack. He added that the case has had its “repercussions”, as seen by a three-day shutter-down strike throughout Balochistan.

Written order of the court

The court, in its written order, stated: “…It is one of the most sensitive incidents, having its own repercussions on the situation prevailing in the province of Balochistan, which is becoming worse day-by-day. In our view, the Inspector General of Police Sindh should have taken all necessary steps in tracing the offenders and causing their arrest.”

The attorney general stated that he could not procure reports from the MI and ISI regarding the situation in the Balochistan; however, he requested for more time.

Minister resigns in protest

Provincial Minister Nasreen Khetran announced her resignation from the ministry on Monday to protest the murder of Domki’s wife and daughter, reported Express News.

During a press conference at the Quetta Press Club, Pakistan Muslim League-Quaid’s Khetran said that the incident was deplorable and that, in Baloch culture, women were never killed in cases of personal enmity.

Published in The Express Tribune, February 7^th, 2012. 

Tribune  Mon, 06 Feb 2012 23:26:11 +0000

DOHA, QATAR: Pakistan and Qatar on Monday signed agreements to collaborate in multiple areas, mainly the import of Liquefied Natural Gas (LNG) from the Gulf state and cooperation between the two governments on security.

Prime Minister Syed Yousaf Raza Gilani and his Qatari counterpart Sheikh Hamad bin Jassim bin Jabor Al Thani witnessed the signing ceremony of two Agreements and four Memoranda of Understanding (MoUs) as the representatives of Pakistan and Qatar’s respective Petroleum ministries inked the documents, at the Amiri Diwan here.

Minister for Petroleum and Natural Resources Dr Asim Hussain and Qatar’s minister for energy Dr Muhammad bin Saleh Al Saada signed the MoU on import of LNG.

Pakistan is interested in importing 500 million cubic feet per day of LNG from Qatar that produces 77 million tonnes per annum of LNG. The imported LNG will be initially provided to the power houses in the country to generate 2,500 mega watt of electricity.

The Qatar’s minister for energy will be visiting Pakistan later this month to hold talks with the respective ministers to evolve the mechanism of undertaking investment in various sectors which according to the Qatari Prime Minister could go upto five billion dollars.

The MoU on security cooperation between the Interior ministries of Pakistan and Qatar was signed by Foreign Minister Hina Rabbani Khar and Qatar’s minister of state for Interior. Both also inked an agreement on cooperation in legal field between the two governments.

The agreement in the field of Auqaf and Islamic Affairs was signed by Minister for Professional and Technical Training Riaz Pirzada.

The two countries signed an MoU between Pakistan’s Ministry of Water and Power and Qatar’s Ministry of Energy for cooperation in hydropower development.

Chairman Water and Power Development Authority (WAPDA) Shakil Durrani and Qatar’s energy minister Muhammad Al Saleh Al Saada signed the document.

A bilateral agreement was signed on Mutual Administrative Assistance for the Proper Application of Customs Law and Repression, Investigation and Enforcement of Customs Offenses between the governments of Pakistan and Qatar.

Pakistan’s ambassador to Qatar Muhammad Sarfraz Ahmed Khanzada signed the document. Both also signed an MoU to cooperate in the field of organizing exhibitions between the two countries.