PCO judges swore allegiance to Musharraf, SC told
ISLAMABAD: The Supreme Court was told on Thursday that the absence of parliamentary approval to Nov 3 actions of the imposition of emergency has led the superior court judges to cease as judges, since taking oath under the Provision Constitution Order (PCO) meant swearing allegiance to a military commander and not the constitution.
'Any judge who breaks his faith and takes oath under the military commander means he renounces the constitution and commits direct contravention of Article 178 of the constitution as well as the basic principles of the independence of the judiciary and thus ceases to be a judge,' Advocate A. K. Dogar, the legal counsel of Shakil Baig (the seconder of Nawaz Sharif in the elections) argued to convince a three-member bench to consider referring the matter to the chief justice to form a larger bench.
The bench comprising Justice Mohammad Moosa K. Leghari, Justice Syed Sakhi Hussain Bukhari and Justice Sheikh Hakim Ali had taken up the appeals of the federal government against June 23, 2008 Lahore High Court (LHC) order of disqualifying twice-elected prime minister and PML-N chief Nawaz Sharif from the by-election for being convicted under the plane conspiracy case.
In the same ruling the high court had also kept pending its decision against the candidature of Chief Minister Punjab Shahbaz Sharif until an election tribunal decided about his nomination.
The Supreme Court has already stayed by-elections in NA-123 (Lahore) on June 25, 2008, until it disposes the federation’s petition against the verdict of the LHC.
Earlier PCO of January 2000 promulgated by former President Pervez Musharraf after the Oct 12 military coup was sanctified by the then parliament through the 17th constitutional amendment by introducing Article 270 AA but the Nov 3 oath has not been ratified by any parliament, the counsel emphasised.
Elaborating Article 178 (judges' oath of office), A. K. Dogar explained that every adjudicator under this provision solemnly swears allegiance to the country and vows to discharge his duties honestly, to the best of his abilities and faithfully in accordance with the constitution. While taking oath, the judge also swears to preserve, protect and defend the constitution.
Examination of the PCO would expose, he said, that it was not a provisional constitution order but unconstitutional order in which the judges confessed that they would dispense justice in a way that the army chief commands.
It would also mean that the judge is not performing dishonestly, Mr Dogar explained.
While promulgating the Oath of Office (Judges) Order 2007, Mr Dogar noted, the constitution was held in abeyance, requiring the judges to take oath of their offices under the PCO.
Promulgating the PCO means asking judges to quit office if they failed to take oath as prescribed by the army chief within a stipulated period, he said adding this was not the end as judges were also required to remain faithful to the provisions of the PCO.
'Would it be comprehensible if the present Army Chief General Ashfaq Pervez Kayani orders the firing of the Supreme Court judges?' he rhetorically asked.
Citing examples from the life of Imam Abu Hanifah (founder of Sunni Hanafi school of Islamic jurisprudence), he said, Abu Hanifah chose to go jail because he was not ready to follow the dictate of the then ruler after being elevated as a judge.
At this Justice Leghari asked the counsel to give authentic citation of the facts instead of making someone’s passing remarks as arguments and observed that the counsel was building his arguments on surmises.
'Please do not proceed on hypothesis,' Justice Leghari observed reiterating that all the judges have taken oath under the constitution.
At one time when Justice Leghari observed that the counsel wanted to say that we were not qualified to be here, A. K. Dogar replied that it was for the judges to decide.
Justice Leghari suggested to conclude the proceedings in an honourable way and adjourned the proceedings for Monday next.
Dawn

IHC issues detailed verdict in Farah Dogar case

ISLAMABAD: Islamabad High Court (IHC) today disposed off Farah Dogar case. In its verdict, the court termed the reassessment and rechecking of Farah’s marks correct. In its detailed 14 pages verdict, Justice Sardar Muhammad Aslam has stated that examiners did not make any mistake while re-evaluating Farah Hameed Dogar’s marks and that the history of higher courts was replete with verdicts allowing the reassessment of awarded marks.

The court also directed the government and ministry of education to determine a well-defined procedure of awarding additional marks and re-evaluation of marks awarded. Earlier, Chief Justice IHC, Justice Sardar Muhammad Aslam had reserved verdict in Farah Hameed Dogar case after completing the hearing of legal challenge to the jacking up of her marks in FSc annual examination.

IHC gave the verdict after thoroughly reviewing all relevant record of Farah Hameed Dogar which includes answer sheets, rechecking and reassessing of her marks. During the final hearing of the issue before the IHC, petitioner Azam Khan Sultanpuri, who is one of the challengers of extra 21 marks awarded to Farah Hameed Dogar, argued that the Chairman, Federal Board of Intermediate and Secondary Education (FBISE) acted in gross violation of the rules while awarding extra marks to the daughter of CJP.

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Attari, Jan 27 (PTI) About 14 kgs of heroin being smuggled from Pakistan in the trans-border Samjhauta Express were seized and four passengers of the train arrested for allegedly carrying the contraband, having a street value of Rs 70 crore, officials said here today.
Acting on a tip-off, Indian customs officials carried out special frisking of some suspected passengers when the train arrived from Pakistan at the Attari railway station last evening.

During the frisking, the officials seized 14 kg of heroin from four Indian passengers, including two women.

The women were identified as Saddiqiquan, a resident of Mazaffarnagar in Uttar Pradesh and Bundila while their male co-passengers were Akhtar Abbas and Ali Baksh, residents of Bulandshahr. All of them went to Pakistan on January 19.

During the interrogation, they said that the consignment of heroin was given to them at the Lahore railway station to deliver to a person who would contact to them on reaching India, according to customs officials.

The four are being questioned to extract information about the persons who were to collect the consignment on the Indian side, they said.

After the November 26 terror attacks in Mumbai, Indian security agencies have enhanced frisking at the Attari railway station and the Attari check post on the land transit route. PTI

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PM dismissed three ambassadors at large including Pirzada

ISLAMABAD: Prime Minister Yusuf Raza Gilani has dismissed three ambassadors at large on Wednesday. Geo News correspondent Rauf Kalasara quoting well placed sources said that Prime Minister Gilani has dismissed three ambassadors at large on immediate basis and a notification has been issued in this connection. The dismissed ambassadors at large are Hameed Qidwai, renowned lawyer Sharifuddin Pirzada and Ehsanullah.

http://www.geo.tv/2-11-2009/34933.htm

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Swat peace rally reporter killed


There was no miltary presence for the Mingora rally


A Pakistani TV journalist has been shot dead after covering a peace mission by a radical Taleban cleric in Swat in the country's north-west.
Musa Khan Khel, who worked for Geo TV, was shot in the head but it was not known who carried out the attack.
Hundreds of people earlier marched in Swat in support of a deal that will bring Sharia law in return for an end to Taleban insurgency.
They were backing Sufi Mohammad, who sealed the deal with the government.
The details surrounding Mr Khel's death were unclear but a number of reporters have previously been killed or kidnapped in the north-west.
Local police official Khaista Khan told AFP news agency: "Musa Khan Khel was shot dead by unknown gunmen near Matta town."
Geo TV managing director Azhar Abbas said: "Musa's brother Essa Khan Khel called us and confirmed that Musa is dead."
'Justice'
Meanwhile Sufi Mohammad is expected to meet his son-in-law Maulana Fazlullah, the current head of the Taleban in Swat, to finalise details of the deal.
The government says the Taleban must now lay down their arms.


Our condition for accepting [the Taleban's] demand was that they establish peace


Bashir Bilor,
senior provincial minister



Diary: 'End of violence'
Analysis: Will law bring order?


The deal sparked celebration among many in the region who have been caught in the crossfire of the army's battle with Taleban militants.
However, critics inside and outside Pakistan have condemned the deal, saying that it constitutes appeasement of the Taleban.
Sufi Mohammad addressed a crowd in Mingora, the main town in Swat, telling them: "I have come here to establish peace and I will not leave until this mission is achieved.
"People will soon start getting justice and there will be a durable peace."
Hundreds carried black and white flags as they rallied alongside the cleric, with residents lining the roads. There was no military presence.
'Positive manner'
Sufi Mohammad later left Mingora for the nearby town of Matta, where he was expected to meet Maulana Fazlullah and other Taleban leaders. However, the cleric's spokesman said no time had been fixed for the meeting.
The Taleban have fought a violent campaign to bring their own system of government to Swat, a campaign that has included beheadings and the destruction of hundreds of schools.

Tens of thousands of people have fled the former tourist haven.
Residents have also heavily criticised the military for failing to avoid civilian casualties.
The BBC's M Ilyas Khan says it remains to be seen how much influence Sufi Mohammad carries, as he has been away from the region for a long time and his repeated denunciation of armed violence has had little effect on the insurgency.
However, our correspondent says there is considerable war fatigue in Swat and people would be happy to live under any system provided there was peace.
US officials have reportedly privately expressed dismay over the Sharia deal.
However, the Pakistani government insists it should be seen in a "positive manner".
Senior provincial minister Bashir Bilor said: "Our condition for accepting their demand was that they establish peace. We are hopeful, with the cooperation of Sufi Mohammad, we will restore peace." Information Minister Sherry Rehman said the deal was "the public will of the population of the Swat region".

Updated at: 1057 PST, Friday, February 20, 2009
DERA ISMAIL KHAN: Ten people were killed and 15 injured in an explosion near Shobra hotel on Friday.

According to police sources, the blast occurred when hundreds of people were attending the funeral prayer of a person Sher Zaman, who was shot dead in a target killing incident yesterday.

Eyewitnesses said it was a suicide blast. The injured were shifted to district headquarter hospital. Situation become tense in the city and all markets have been closed after the blast.

Prime Minister Yousuf Raza Gilani has strongly condemned the explosion.

http://www.geo.tv/

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Pakistan court bars opposition leader from office




ISLAMABAD (AP) — Pakistan's Supreme Court on Wednesday barred opposition leader Nawaz Sharif from elected office, pushing the country toward renewed political crisis as it struggles against rising Islamist militancy.

The decision is likely to deepen a growing rift between Sharif, who is the country's most popular politician, and the pro-Western government under President Asif Ali Zardari.

"Asif Ali Zardari had a hand in the disqualification of Nawaz Sharif, and today's decision is also according to his wishes," Akram Sheikh, a lawyer for Sharif, told reporters after the verdict.

Zardari's year-old coalition government is not directly threatened by Sharif's increasingly vocal opposition.

However, the ruling could trigger a destabilizing power struggle in the country's richest and most populous province, Punjab, where Sharif's party currently governs in coalition with that of Zardari.

Top Pakistani officials, including the foreign minister and army chief, are currently in Washington as part of the Obama administration's efforts to draw up a new strategy for Pakistan and Afghanistan.

Presiding judge Musa Leghari dismissed appeals against a ruling in a lower court that disqualified Sharif from contesting Pakistan's 2008 elections because of a prior conviction.

It also upheld a challenge against the election of Sharif's brother, Shahbaz Sharif, to a seat in the Punjab Assembly. That means Shahbaz Sharif cannot continue as head of the provincial government.

The brothers appear unlikely to ask the Supreme Court to review its decision. They have refused to appear before it in person and cast doubt on its legitimacy to hear the case.

Sharif has already announced his support for a massive rally next month by lawyers whose protests over the past two years helped drive former President Pervez Musharraf from power.


AP


Election ban for Sharif brothers

Pakistan's Supreme Court has upheld bans on former prime minister and opposition leader Nawaz Sharif and his brother, Shahbaz, from elected office.

Nawaz Sharif's PML-N party holds power in Punjab province. His brother is chief minister but must now step down.

Last June, the high court in the city of Lahore upheld an earlier ruling that barred Nawaz Sharif from running in a parliamentary by-election.

The court said he was ineligible to stand because of a 1999 conviction.

The BBC's Barbara Plett in Islamabad says that the court order will deepen the rift between the Sharifs and the federal government and increase the chances of political instability in the country.

Falling out

One of the Sharif lawyers, Akram Sheikh, confirmed that their appeal in the Supreme Court against the earlier ruling had been dismissed.

He said: "[President] Asif Ali Zardari had a hand in the disqualification of Nawaz Sharif and today's decision is also according to his wishes."


President Zardari had a hand in the decision, Nawaz Sharif believes

Nawaz Sharif is not an MP at the moment, but analysts say the court order will force Shahbaz Sharif to step down from the post of Punjab's chief minister.

Nawaz Sharif had been convicted in connection with the 1999 hijacking of a plane carrying then army chief Gen Pervez Musharraf.

The event led to Gen Musharraf ousting Mr Sharif in a coup and going on to become president.

Nawaz Sharif had returned from exile, hoping his ban from office would be lifted by a democratically elected government.

The PML-N and Pakistan's ruling party PPP then emerged as the two biggest parties after last year's elections, trouncing allies of Pervez Musharraf.

They formed a fragile coalition and managed to force Mr Musharraf out of office.

But soon after, Mr Sharif fell out with the PPP leader, Mr Zardari, and they split over the issue of the reinstatement of judges sacked by Mr Musharraf.

Anticipating Wednesday's court's decision, Mr Sharif at the weekend blamed Mr Zardari for deliberately trying to undercut him.

Our correspondent says this raises fears of a return to the bitter political infighting that characterised elected governments in the 1990s, now though, at a time when Pakistan is facing security and economic crises.

BBC News

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Lahore: Attack on Sri Lankan cricket team, 5 security men killed

LAHORE: Five security men have been killed and two injured when unknown persons attacked Sri Lankan cricket team here on Tuesday.

According to sources, unknown attackers riding on motorbikes opened fire on Sri Lankan cricket team bus near Gaddafi Stadium.

Intense trade of fire occurred between police and unknown attackers after the attack. Five security men have been killed and two injured who were shifted to hospital. Police have cordoned off the area.

Several Sri Lankan players reportedly sustained injuries in the incident. Pakistan team has directed to stay in the hotel whereas Sri Lankan team has been shifted to Gaddafi Stadium.

Manager cricket team told Geo News that Pakistan cricket team will go to stadium after getting the security clearance.

Meanwhile, Sri Lankan sports minister has confirmed that two Sri Lankan player wounded in the attack whereas government of Punjab said firing incident is aftermath of rivalry between two land grabber groups.

http://www.geo.tv/3-3-2009/36375.htm

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Sri Lankan cricketers under fire


At least five members of the Sri Lankan cricket team have been injured in a shooting incident in the Pakistani city of Lahore, a Sri Lankan minister says.

Sports Minister Gamini Lokuge told the BBC that early reports indicated that the injuries to five players and a coach were minor.

The incident happened when unidentified gunmen fired on a convoy carrying Sri Lankan and Pakistani cricketers.

At least five policemen have been killed in the attack, police say.


Sri Lankan media reports said two of the players including Thilan Samaraweera, who scored a double century in the ongoing Test match, have been taken to hospital.

The BBC's Barbara Plett in Islamabad says the gunmen opened fire on the Sri Lankan team bus which was on its way to the Gaddafi stadium, venue for a Test match between the two sides.

The third day of play in the Second Test was scheduled to begin, but officials said the match has now been cancelled.


"It appears that our team bus was targeted on the way to the match. It appears that four of our cricketers have been injured and taken to the hospital," a Sri Lankan cricket official told an Indian TV channel from Colombo.

TV pictures showed two gunmen with backpacks on the road where the incident happened.

The police said grenades and rocket launchers had been found at the site of the incident.

An eyewitness told Reuters news agency that three policemen and a traffic warden had been killed in the incident.

Shop owner Ahmed Ali said two policemen had been driving behind the team bus when the attack happened.

"It was a very heavy firing and I heard at least two explosions at the time," an eyewitness told Reuters.

Pakistani invited Sri Lanka to tour after India's cricket team pulled out of a scheduled cricket tour following the deadly November attacks in the western Indian city of Mumbai.

Our correspondent says the incident will come as a big blow to Pakistan cricket. India and Australia have pulled out of cricket tours to the country in the recent past citing security concerns.

Source:
http://news.bbc.co.uk/1/hi/world/south_asia/7920260.stm

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NEW DELHI: Indian Sikhs urged the government on Wednesday to ask France to withdraw a ban on wearing turbans in public schools, officials said.

The Sikh religion requires followers to grow their hair and wear a turban, while children must wear traditional Sikh headgear called the “patka” or “dastaar” in school.

France banned wearing turbans and Muslim headscarves in its public schools in 2004, saying it was aimed at checking what they said was the rising influence of radical Islam among France’s large Muslim population. Indian Sikhs say the ban denies them religious freedom.

On Wednesday, the government in the northern Sikh-dominated state of Punjab passed a resolution in the state assembly, demanding France lift the ban there.

“This house unanimously and strongly recommends to the Government of India to take up with the highest French authorities the matter pertaining to the imposition of a ban by the Government of France,” the resolution read.

Last year, Hindu parents at a school in Punjab protested after a school’s Sikh authorities asked all students to wear traditional Sikh headgear to school.




HAGUE: The International Criminal Court issued an arrest warrant for Sudanese President Omar Hassan al-Bashir on Wednesday for war crimes in Darfur, a decision that could spark more regional turmoil. The warrant is the first issued against a sitting head of state by the Hague-based court, which stopped short of including a count of genocide over a conflict that UN officials say has killed as many as 300,000 people since 2003. The court, which was set up in 2002, indicted the 65-year-old Bashir on seven counts of war crimes and crimes against humanity, which include murder, rape and torture. The three-judge panel said it had insufficient grounds for genocide.

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