Supreme Court cracksdown on corrupt Politicians

[A1Kaid]

Pakistan Ministers Are Called Before the Courts

By JANE PERLEZ and SALMAN MASOOD
Published: December 18, 2009

ISLAMABAD, Pakistan — A sweeping Supreme Court decision that reopened corruption cases against thousands of politicians, including President Asif Ali Zardari, reverberated through the government Friday as important ministers were barred from leaving the country and ordered to appear before the courts in the coming weeks.

Among those immediately affected were the interior minister, Rehman Malik, who is considered particularly close to the United States, and the Defense Minister, Ahmed Mukhtar, raising concerns about how effectively the Zardari government, under pressure from a violent Islamic insurgency, could continue to function.

The two men were among 247 officials, also including Salman Farooki, the chief of staff to Mr. Zardari, placed on what is known as an exit control list, barring them from leaving Pakistan, a measure Pakistan authorities often use to ensure those under criminal investigation do not abscond.

At least 52 politicians were called to appear before corruption courts, according to the National Accountability Bureau, the anticorruption unit that was ordered by the Supreme Court on Wednesday to act expeditiously in reopening the cases.

By the end of Friday, Mr. Farooki had won an interim bail order from the Sindh High Court, a measure that would prevent him from being arrested, legal experts said.

Mr. Malik had also been ordered to appear before the Sindh High Court, according to a report on Express television. Attempts to reach a spokesman for Mr. Malik were unsuccessful.

The Constitution allows President Zardari enjoys immunity under the Constitution from prosecution. He remained defiant Friday against calls from the main opposition party that he step down.

Moreover, he had no intention to ask cabinet ministers or colleagues facing corruption charges to quit either, a media adviser, Farahnaz Ispahani, said Friday.

“The president is fighting fit,” Ms. Ispahani said. “The president was clear that our Pakistan Peoples Party ministers would not be asked to resign merely on the basis of accusation.”

A cabinet reshuffle in which “some people will be out and some will be moved,” would be the main response to the revocation of the amnesty by the Supreme Court, Ms. Ispahani said.

But as Mr. Zardari and his party, the Pakistan Peoples Party, the biggest in Pakistan, battled to survive, a groundswell of media and public opinion seemed to exult in the decisiveness of the Supreme Court decision, which suggested there would no longer be a tolerant attitude toward corruption among politicians in Pakistan.

“We’ve never seen the mighty in this country held accountable,” said Babar Sattar, a Harvard-trained constitutional lawyer.

Now that the court, backed by public opinion, had come down hard on corruption in a way not seen before in Pakistan, the affected politicians were not sure how to react, Mr. Sattar said.

There was no sign Friday that the army, which has been increasingly at odds with Mr. Zardari, was aiming to take control.

Behind the scenes, the army has been critical of Mr. Zardari, in part because of the president’s early move to put a civilian in charge of the country’ premier spy agency, the powerful Inter-Services Intelligence agency, and in part because of his gestures of conciliation toward India, Pakistan’s archenemy.

The army has also grown increasingly wary of Mr. Zardari as an aura of corruption has continued to mount around his government.

The reputation of the army, stained after the president and military chief at the time, Gen. Pervez Musharraf, imposed emergency rule in November 2007, has grown in the past few months as it fights Taliban militants, and it would benefit further because of the severity of the Supreme Court decision against the civilian government, analysts said.

Many of the corruption cases that the Supreme Court said must be reopened originate from the 1990s, including cases against Mr. Zardari, who served 11 years in jail. Mr. Zardari contends he was never convicted, a signal he and his supporters say shows his innocence.

Lawyers affiliated with the opposition party Pakistan Muslim League and some legal experts dispute Mr. Zardari’s insistence that he was not convicted, citing a conviction in Switzerland that Mr. Zardari appealed.

That case was withdrawn by the Pakistani government in 2007 under the provisions of the amnesty against corruption cases imposed by General Musharraf, who later resigned his military post. Lawyers affiliated with the Muslim League also insist that Mr. Zardari carries a conviction for failing to appear when ordered to do so by the Lahore High Court after he left the country in 2004.

In its ruling Wednesday, the Supreme Court said the Musharraf government had acted improperly in withdrawing the case in Switzerland. It asked the Swiss authorities to resume the proceedings. Swiss officials backed away from the Supreme Court’s demand, saying Thursday the case would not be reopened unless Pakistan started proceedings against Mr. Zardari.

In tackling the issue of corruption, the Supreme Court, led by Chief Justice Iftikhar Muhammad Chaudhry, who likes to see himself as the “people’s judge” has gone beyond rolling back the amnesty on individual corruption cases.

This week, the court also took exception to the government removing the chief of the country’s main investigative agency.

In a separate ruling from lifting the amnesty, the court ordered the government to reinstate, the head of the Federal Investigations Agency, Tariq Khosa, who had been dismissed by Prime Minister Yousaf Raza Gilani .

Mr. Khosa, who was described in the Pakistani press as the country’s toughest corruption fighter, was removed from his job earlier this month while he was in the midst of investigating why the government-run Pakistan Steel Mill had suddenly lost large amounts of money during the first 15 months of Mr. Zardari’s tenure.

The mill, the biggest in the country, had made steady profits in the previous eight years.

Source: http://www.nytimes.com/2009/12/19/wo...a/19pstan.html



This is perhaps a turning point for Pakistan, an independent judicial system/Supreme Court holding corrupt politicians accountable, the essence of every great nation. This is what many Pakistanis have been waiting for...

[A1Kaid]

Arrest warrant for Pakistan interior minister

ISLAMABAD (Press TV) – A court in Pakistan has issued an arrest warrant for Interior Minister Rehman Malik amid growing political turmoil in the nuclear-armed country.

Arrest warrants have been issued against 52 individuals including federal ministers and some of the persons sitting on key government positions.

Earlier, Pakistan's anti-corruption agency stopped Defense Minister Chaudhry Ahmad Mukhtar at Islamabad International Airport on his way to China for an official visit.

Nearly 250 other top officials are also barred from leaving the country as political turmoil deepens following a Supreme Court on revoking an amnesty deal which shields President Asif Ali Zardari and many other government officials from prosecution.

The 2007 National Reconciliation Ordinance allowed Zardari and his late wife Benazir Bhutto, a former prime minister, to return from self-exile without facing corruption charges.

Revoking the amnesty could challenge the legality of Zardari's presidency and raise corruption cases against some of his close associates.

The developments have plunged the country into political turmoil amid rising militancy.

Source: tehran times : Arrest warrant for Pakistan interior minister

ISLAMABAD (Press TV) – A court in Pakistan has issued an arrest warrant for Interior Minister Rehman Malik amid growing political turmoil in the nuclear-armed country.

I disagree with referring to the latest actions by the Supreme Court to hold corrupt politicians accountable as "political turmoil" as if it were a bad thing. What we see here is actually quite healthy for the livelihood for Pakistan, the corrupt practices and "business as usual" attitude of shameful and misguided Politicians is now being held accountable by the Pakistan Supreme Court. It is essential this be done, the culture of corruption and clout of illegality and black-hand dealings must end, if the nation is to ever succeed in achieving it's potential.

[Neo]

And the real winner is... independent judiciary

EDITORIAL (December 18 2009): An historic wrong to the cause of justice in Pakistan has been corrected, but it is just that, for those who nurtured the hope that by striking down the notorious NRO the Supreme Court would be showing the door to President Zardari are obviously disappointed. The fact is that the immunity available to him as the head of state, under Article 248, did not come under discussion in the court.

The President of Pakistan enjoys immunity from "criminal proceedings" under Article 248 of the Constitution, but this immunity is there only as long as he holds that office. Is he also immune from criminal proceedings in case a foreign court finds him guilty, the question was neither raised before the court, nor replied?

With the NRO given the kiss of death, all the cases that were under adjudication but were closed in the wake of amnesty granted by former president General Musharraf, will get revived in the form and condition they were on October 5, 2007. This would be applicable to the president also; all his cases which were wrapped under the NRO will reopen to be decided in line with normal court procedure.

But that is only the legal aspect of the Supreme Court verdict. To it, there is also a moral dimension. By declaring the said law void ab initio, being ultra vires and violative of some eight Articles of the Constitution, the apex court tends to bring under public focus the moral dimension of President Zardari's legitimacy as Head of State. One of these is Article 62 (f), which lays down that a person shall not be qualified to be a member of the National Assembly unless he is "sagacious, righteous and non-profligate and honest and ameen".

Since a presidential candidate is required also to come up to the same standard of moral fitness, many would like to see President Zardari through the prism of this constitutional provision. But this challenge lies in the realm of the future, depending how the cases pending or revived against him are decided by the courts. The same should hold for other members of his team whose candidature may also become an issue of public debate.

As we discuss the expected fallout of the verdict of the Supreme Court on the NRO, a flash-back to the circumstances that gave birth to this law is in order. The only viable anti-thesis to General Musharraf's one-man rule was general elections. But all the political stakeholders could not be invited to the game because quite a few of them faced police and court cases, which inhibited them from returning home and undertaking election campaigning.

It was then that the NRO was conceived as an instrument to secure a compact for accommodation between the PPP and the GHQ under the garb of national reconciliation. Given that nations beset with similar conditions do resort to such acts of amnesty, it was not surprising that the principal political stakeholders, with the active blessings of the powers that be and our friends abroad, helped clinch a broad-based accord to open the road to a democratic future for Pakistan.

But the mischief lies in the details; the text of the NRO was so worded that the relief that was expected to unchain the democratic forces in the country became handy to thousands who had nothing to do with politics. As thousands charged with crimes ranging from murder to larceny to corruption were given the clean chit, it provoked a vehement public reaction against the NRO - so much so that it was disowned by the parliament, even when quite a few of its members are NRO beneficiaries.

Of course the scars the NRO leaves behind would take time to heal. So, first of all, it is important that President Zardari gets a clean chit from a competent court of law in the myriad cases against him - for his status as Head of State demands of him to be not only legally qualified for the country's highest office, but also morally acceptable to the people. And what he should be, some of the requirements are listed in Article 62.

At the same time, the ministers, advisors and officials who have lost cover provided by the erstwhile NRO should step down from their present positions and submit themselves before the law and go to the courts. As for the cases in Switzerland and elsewhere abroad, the Supreme Court's landmark verdict is bound to receive due respect and recognition and thus help revive those cases.

Isn't it diabolical that the then AG Malik Qayyum withdrew the cases in the foreign courts without lawful authority from the Pakistan government? Hopefully, with the Supreme Court's monitoring of the progress that these cases make in the courts on a regular basis, such pranksters would be put out of action. As to who is the net winner from this verdict it would be only fair that the credit should go to where it belongs and that is the Supreme Court.

As for the political players they kept changing their stance. The PPP moved it in the parliament but then withdrew and left it at the mercy of the court, where too the PPP's position was tentative. The PML-N's attitude, though more discreet, but was also essentially shifty, as it too is, although indirectly, one of the principal beneficiaries of the NRO, for Nawaz returned home only because Benazir came home.

But now that the Supreme Court has pronounced its judgement, there is the need to turn the page and move on, leaving behind the nightmarish landscape that obtained courtesy the NRO. Given that so many of these cases were politically motivated, there is no reason that those wrongly implicated will not get justice. We expect that those who had benefited from the NRO would submit themselves before the law and trust the courts would deliver justice.

[DarkStar]

Nusrat, Badar summoned by accountability courts
By Wajih Ahmad Sheikh
Saturday, 19 Dec, 2009


The NAB had in 2002 filed a reference against Jahangir Badar for acquiring assets beyond his known sources of income.—File photo by APP

LAHORE: Accountability courts here on Friday summoned PPP secretary general Jahangir Badar, former provincial minister Malik Mushtaq Awan, Begum Nusrat Bhutto and 32 others who had got their cases cleared under the National Reconciliation Ordinance.

Mr Badar was asked to appear in court on Dec 23, Nusrat Bhutto on Jan 12 and Mushtaq Awan on Jan 6.

An accountability court had on May 30 last year acquitted Nusrat Bhutto in a $1.5 billion illegal assets reference. She had never appeared before the court and was awarded a three-year imprisonment in absentia on Nov 18, 2000.

Mr Badar and Mr Awan were acquitted in NAB references on March 10 last year under the NRO.

Among others asked to appear in court were: Ahmad Sadiq, former principal secretary to Benazir Bhutto; Chaudhry Zulfiqar, former chairman of the Lahore District Council; Chaudhry Shaukat Ali, former MNA and chairman of the Lahore District Council; Haji Kabir, former MNA; and Javed Qureshi, former Punjab chief secretary.

The NAB had in 2002 filed a reference against Jahangir Badar for acquiring assets beyond his known sources of income.

Illegal assets of Mr Badar, according to the bureau, include shares in Bakhtawar Hotel, Dubai Hotel, International Hotel and National Tourism Hostel in Lahore, hotels in Dubai, London and Toronto, a petrol pump in Virginia (USA), shares in a Kamani factory on the Bund Road, Usman Plaza, Lahore Hotel on McLeod Road and Butt Plaza in Badami Bagh, two houses in Lahore’s Allama Iqbal Town (Rs20 million), an under-construction house in Ali Town, on Raiwind Road, and a commercial plot near Thokar Niaz Beg, Lahore.

According to the second reference filed in 2001, Mr Badar had illegally allowed setting up of 61 petrol stations when he was federal minister for petroleum.

A NAB appeal against Mr Badar’s acquittal is pending with the Lahore High Court.

The NAB had in 2002 filed a reference against Mushtaq Awan for illegally awarding an octroi contract which caused losses totalling Rs75 million to the Sheikhupura District Council. His brother, Ishtiaq Awan, was co-accused in the reference.

In the district council reference, Chaudhry Shaukat Ali, Riaz and others had allegedly purchased 321 kanals of land in 1991 for Rs20 million by forging documents and then selling it to the rural development authority.

The NAB accused Ameer Nawaz, Javed Qureshi and Shaukat Ali of embezzling Rs350 million from Lahore District Council’s fund and transferring the money to one Haji Kabir’s bank accounts. Chaudhry Zulfiqar was co-accused in the reference.

Ameer Nawaz was released after an out-of-court settlement with the NAB.

Ahmad Sadiq was accused of acquiring assets beyond his known sources of income. According to NAB, he had joined government service in 1957 and retired on Dec 31, 1984.

He was later appointed as principal secretary to the prime minister from 1985 to 1996. During this period, Sadiq’s income was Rs13.015 million a year whereas expenditure was Rs32.413 million.

The other accused who were summoned by accountability courts include former MPAs Rana Nazir, Mian Rasheed and Mian Tariq Mehmood, industrialist Seth Nisar, Amjad Hussain Sandal, Chaudhry Mohammad Siddique, Asad Lali, Mirza Sher Mohammad, Sardar Mohammad Nasim, Tariq Anees and Haji Nawaz Khokhar.

DAWN.COM | National | Nusrat, Badar summoned by accountability courts

[DarkStar]

HRCP concerned at misuse of ECL

Saturday, 19 Dec, 2009


Asma Jehangir has expressed concern at the restrictions placed on certain people to travel abroad by putting them on the ECL.—Photo by APP Coalition partners meet at Presidency

LAHORE: The Human Rights Commission of Pakistan (HRCP) has expressed concern at the restrictions placed on certain people to travel abroad by putting them on the exit control list (ECL).

HRCP Chairperson Asma Jehangir said, in a statement on Friday, the commission was perturbed that the authorities had invoked the Exit Control List Ordinance which had never been accepted as a just measure.

The HRCP thinks the practice of restraining people from traveling abroad without issuing them prior notice and adequately explaining the reasons why the extreme measure was required which was a breach of the fundamental right of freedom of movement, as duly provided for in the Constitution.

She said the HRCP believed that even those facing trial in the court could not necessarily be barred from travelling to other countries and to prevent their escape the court might seek lawful assurance. The ECL had been used as a tool of political harassment in the past and has not served any purpose of bringing perpetrators of crime to justice. Any arbitrary use of the ECL under the cover of a judicial ruling would be no small a calamity. While legal course should be taken against those who plundered national wealth, the authorities should not commit excesses in their misplaced zeal for what they perceive as justice.

DAWN.COM | National | HRCP concerned at misuse of ECL

[ajpirzada]

these human rights ppl... are they ever happy? all i see them doin is bitchin about everythin

[Neo]

All Eyes on CJP

Thursday December 24, 2009

Ever since the landmark judgment of December 16th, annulling the most unconstitutional NRO the jubilant nation has pinned still greater hopes on the Supreme Judiciary of the country. The Honourable Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry is being looked up to be the saviour of the nation and the deliverer of the poor which makes his task still more onerous. The judgment has come but it has yet to be implemented. Not only that, ways and means to hamper the implementation are already being mulled over behind the closed doors by all those having sleepless nights by the sudden disappearance of the huge shelter from over their heads provided by the NRO.

Though the ostensible stance of the affected is an otherwise respectful obedience to the apex court authority and acceptance of its verdict but in reality it is a very bitter pill for them to swallow. Encouraged by the non-implementation of an earlier verdict of the SC ordering sale of sugar at Rs. 40/= per kilo, some of the NRO-ed politicians, bureaucrats and businessmen are trying to put up a bold face in not showing the degree of concern warranted by the verdict. Though there is no appeal against the apex court yet, joint strategies are being thought out and planned to fight out the decision legally in the courts. The LHC has already been moved in one such case. Some of the statements emanating from the ruling quarters are not encouraging either. Many an analyst, therefore, apprehends a confrontation between the two most important pillars of the state – the executive and the judiciary – which, to say the least, would be catastrophic for the country.

The most eagerly awaited action by the entire nation is the return of the plundered and looted wealth from the corrupt, rich, mighty, influential bureaucrats and about 34 politicians—some of whom hold key positions in the present government. The total number of such beneficiaries is 8041, who are to be proceeded against in the NAB and other courts. The legal proceedings for such a large number of accused, and where the delaying tactics by them and their smart lawyers for prolonging the cases cannot be altogether ruled out, are bound to take quite some time. The proceedings, notwithstanding the Monitor ing Cell headed by Justice Ghulam Rabbani to oversee the prompt hearing of cases, may run into years and cost the national exchequer more than it could hope to recover from the looters. Again, how much influence would such Monitoring Cell wield over the foreign courts (Swiss, Spanish and the British) is any body’s guess. Would it, therefore, be not prudent to enter into a plea bargain with the accused to settle the matter expeditiously and costing much lesser in time, effort and money to the nation? However, it should be made absolutely clear to the accused that if the ‘plea bargain’ is not to the satisfaction of the court, normal court proceedings shall be instituted and if the accused is found guilty there shall be no mercy and an exemplary and very sever punishment shall be meted out to him. Choice is yours!!

There is yet another disconcerting note to this sorry episode – the SC verdict being tainted to be “based on morality”. The Human Rights Commission of Pakistan (HRCP) Chairperson Asma Jahangir said “The judiciary has crossed its limits and it is a dangerous precedent that the Supreme Court passed a verdict on the parliamentarians’ morality”. This has further abated the attitude of the ruling elite not to relinquish their seats and portfolios, as they were expected to do till they were cleared of the charges by the courts, and as is the norm in the democracies the world over.

As a matter of fact they would rathe r hold on to the power than denude themselves of it, to ‘fight out’ the cases against them using all their political and ministerial influence and power. An ordinary citizen Rehman Malik would not have been that exuberant and cheerful while attending the SHC for getting a bail when summoned by it. Incidentally, I hope he appeared before the court in his private capacity and not in the public capacity entitling him to all the perks and TA/DAs etc. The presidential immunity is seen by some for the President Zardari in seeking the second, third and who knows life long presidency term– just to keep himself out of the courts.

Such are the facts stranger than fiction that the Honourable Chief Justice of Pakistan is faced with and the nation expects of him to prove equal to the task. All eyes are on him.

[Neo]

A call to save the system, a call of sanity

Wednesday December 23, 2009

I am bit puzzled at the SC orders verbally to replace a head of federal investigating agency Mr. Khosa as I was puzzled when judiciary tried to set rate of sugar, tried to sort out traffic in Karachi and vegetable prices. I am afraid despite a staunch supporter of independent judiciary and being the petitioner for chief justice against a military dictator, If or once cannot see the wisdom, and logical reason in undermining the corruption free executive authority if it is coupled with good governance. I feel it must not be challenged and interfered by any other institution except Parliament.

It`s not judiciary`s function to appoint or recommend executive organ`s heads or to cover the main holes or determine sugar or vegetable prices, it`s the job of the Chief executive, and units executives who are answerable to their cabinet and in return the Parliament. If Prime Minister cannot assert his legal authority, he must go home. No one is a smart lamp jinni who can in this situation deliver if judiciary on the whole sale basis issues verbal directives and expects chief executive to act upon it over night without consulting his cabinet colleagues, allies and in this case his party head.

It`s a rightful job of the SC to interpret the constitution and law, and settle major disputes between provinces and remove a dead lock, but Supreme court must be careful in their use of suo moto powers` as no limits have been set yet on this deadly weapon directly pointed against executive. Currently the use of this power is prima facie disabling the smooth function of the executive and at least on each notice a 3 month period must be given to executive to muster their administrative actions and matter must be looked at by provincial chief justices to start with whereby appeal rights against those orders and directives remain intact.These are matters for the parliament to look at but currently, this useful item though is aiding greatly in some cases to public at large who are resource less with limited access to justice but is a cause of anxiety formany who feel ready to appear in court on hourly notice.

Supreme Court judgement is a difficult challenge and its politicians internal weakness that matter came to judges, they have voluntarily given their tale in the hands of hunters. Govt`s failure to erect consensus and their obstinacy to get it approved as it is a non sensical behaviour unworthy of their parliamentary positions. They should have capped NRO in the parliament and replaced it with new Accountability commission as was chartered by both former premiers, with a new law to curb corrupt practices whilst at public office and set up a truth and reconciliation commission separately to filter all backlog of cases addressing the anxiety of public and grievances of the accused, some of whom have served sentence for years, and presumption of innocence must be maintained untilproven guilty by a court of law.

Constitution is clear that Chief Justice cannot be tried except by Supreme Judicial Council, Army chief by his peers through court martial recommended by Corpse commander, premier by his members of national assembly voters in the parliament through vote of no confidence and President through his peers in parliament via impeachment. Ousting president via court petitions will be not only dangerous but against the spirit of constitution and will set a undesirable and dangerous trend for the newly born democracy as all of them are guilty as charged by allowing him to be elected at the first place where an opportunity was lost to check his election preaching common sense to him that head of state must remain a personal of integrity, without baggage and a fatherly figure. Now resignation is a different ball game altogether, its his choice but Pakistani tradition is different to that of UK, Europe and USA , If Chief Justice does not resign after allegations levelled against him believing he is innocent until proven guilty by his peers, and he through out maintained that he is chief justice until removed accordingly, similarly forcing president to resign or his ouster otherwise will be a difficult demand and his legal exit is only possible through impeachment by Parliament. Still Justice Ramdey`s detailed judgement of 20 July 2007 is not out yet and it must be published in order to regulate future actions under Article 209, as law still is not clear.

I think political settlement is way out saving the system, democracy and retaining balance of power between institutions. Despite President`s obstinate behaviour in the past, his broken promises, its Still not late and it must be expected that Prime Minister Nawaz Sharif will offer a hand of cooperation to effect consensus to address all issues through 18th amendment in the parliament, and restart where he left with Mr.Zardari, a way out to save democracy and constitutionalism in the country.

Otherwise, if we are little late, an other General will be emerging out of this crises telling the nation how corrupt these politicians are, and he will promise to hold true accountability this time, and we will be back to square one, not a desirable scenario and all the blame will be of politicians who left politicking whilst consultations and remained stuck in their small egos. They must allow the parliament a chance to function at least for once and a club carrying collective wisdom of the nation will emerge as victor out of the mother of crisis. Lets have faith for once on our Parliament only if it shows its muscles.