CJ CASE DETAIL

Easily exposed to naked eye

By Ansar Abbasi ISLAMABAD: Some serious discrepancies in the government affidavits filed with the Supreme Court's 13-member full court are too obvious to the naked eye. The most hilarious affidavit is the one submitted by an Information Ministry official, whose statement dated March 8, 2007 addresses the chief justice as "ineffective" and talks of the events that actually unfolded only after March 9 when the reference was filed by the president against Justice Iftikhar before the Supreme Judicial Council. Such serious discrepancies might just be the result of human errors but these are too scandalous to be ignored by even an ordinary eye and that in such a high profile case. Signed by Deputy Director PID Khalid Bilal on March 8, 2007 -- a day before the reference was filed against the chief justice --, the affidavit said towards its conclusion, "Being the interpreter of Law, the ineffective Chief Justice knowing well that his status & law demands that he should not address the bar councils, public rallies, media or conveying through his lawyers the comments, once the reference is subjudice with Supreme Judicial Council." The pre-March 9 affidavit of Khalid Bilal also said, "The ineffective Chief Justice Mr. Iftikhar Muhammad Chaudhry infringed my rights under section 10 of the constitution of Islamic Republic of Pakistan and elevated his son ignoring more capable officers than his son. The detail of which is tabulated in the charge sheet served to him by President of Pakistan." Bilal, who served as PRO to the chief justice, said that during his short tenure with the "ineffective chief justice" he experienced and observed some unusual incidents prejudice to the decorum of the apex court. Bilal ended his statement by saying, "The statement has been prepared and submitted without any external pressure, duress or fear but on the internal pressure from my conscious (sic)." The affidavit of Jahangir Mirza, IG Sindh Police, was dated March 1, 2007 -- meaning thereby that it was prepared eight days before the filing of the reference against the Chief Justice. Mirza's affidavit used past tense giving the impression as if it was too prepared after March 9. For example, the affidavit said, "Mr Justice Iftikhar Muhammad Chaudhry generally had a coercive, intimidating and humiliating attitude towards the police officers including the undersigned, while hearing cases in court...." At a later part of his affidavit, he added, "Mr Justice Iftikhar Muhammad Chaudhry was extremely fond of pomp and show....." Former IG Punjab Ziaul Hassan Khan's statement had scrapped words (not readable). These scrapped (blackened) words were used before "Chief Justice of Pakistan". The details show that at least six of the affidavits were signed before the March 9 action while one does not carry any date. The affidavit by Lt-Col Saeedullah, Military Secretary to the Governor NWFP, was undated. The affidavit by Khushnood Akhtar Lashari, former Additional Chief Secretary Punjab, is dated March 3rd, 2007; affidavit by Ali Junejo, district police officer, is dated March 8, 2007; affidavit by Khalid Bilal, former public relation officer, Supreme Court of Pakistan dated March 8, 2007; affidavit by Mudassir Iqbal, Director General (Protocol) Sindh along with details March 8, 2007; affidavit by Zia ul Hasan Khan, former IG Punjab dated March 7, 2007; and affidavit by Jehangir Mirza, former IG Sindh dated March 1, 2007. According to the affidavit of the Lt-Gen (retd) Hamid Javaid, the details of the draft reference and the code of conduct for judges were brought to the notice of the president by the prime minister on 7 March in his presence. On March 8, 2007, he said, the President Secretariat received a summary containing advice of the prime minister to the president to make a reference against the chief justice of Pakistan to the Supreme Judicial Council under Article 209 of the constitution. The affidavits that were not annexed with the CoS's bulky affidavit, available to the press, but partially reportedly included those of Balochistan Chief Minister Jam Yousaf, Interior Minister Aftab Ahmad Khan Sherpao, Interior Secretary Syed Kamal Shah, Establishment Secretary Syed Tariq Ali Bukhari, Director-General FIA Tariq Pervaiz, and former Chief Secretary Sindh Fazl-ur-Rehman etc. The Establishment Secretary's affidavit is dated March 6, 2007 i.e three days prior to the filing of the reference and exactly three days after Bukhari was given controversial re-employment contract for the third consecutive year. Fazl-ur-Rehman's affidavit was also dated March 6. Meanwhile, it is learnt that with regard to Thursday's story of The News about one of the signatories of the affidavits, who was claiming not to have signed any affidavit, the government is of the view that this correspondent had pressurized and also offered rewards to him to make him ready to say this. One is constrained to clarify that such tactics are alien to journalistic professional ethics and that the officer, whose name was withheld by us on his request, had voluntarily said more than once that he did not sign any affidavit. However, he was invited to give his statement on the record if he was sure of what he was stating but he declined, adding that he, being a civil servant, was too weak to fight against the powerful. The officer was doubtful not only about the signatures on "his" affidavit but also its contents. At one point, he categorically said that the affidavit was never signed by him. At another stage he said that the signatures appearing on the affidavit were not his but these do resemble to his initials.

 

 

 

Not beyond a reasonable doubt!

By Ansar Abbasi ISLAMABAD: Will the signatories to the affidavits, filed with the sworn statement of the chief of staff to the president, submitted to the full court, depose before the judges about the authenticity and veracity of their statements? At least, one of them is now uncertain not only about the signatures on "his" affidavit but also its contents. At one point, he categorically said that the affidavit was never signed by him. At another stage, he said that the signatures appearing on the affidavit were not his but these did resemble his initials. Talking to The News on the assurance that his name would not be disclosed, the concerned signatory was apprehensive and shy of going to the court for being a government servant. Since the filing of an absolutely "fake" affidavit does not make sense, the officer was asked to come on the record but he did not oblige. The officer hails from the Punjab. Well over a dozen affidavits of government servants, both from the Centre and the provinces, are attached to the affidavit of Lt-Gen (retd) Hamid Javaid, the Chief of the Staff. The CoS's affidavit includes the sworn statements of Chairman Central Board of Revenue Abdullah Yousaf; Lt-Col Saeedullah, MS to the NWFP Governor; Khushnood Akhtar Lashari, former Punjab additional chief secretary and, at present, the Health Secretary; Ali Ahmad Junejo, Hyderabad District Police Officer; Amil Shameen Wyne, former Pishin DPO; Khalid Bilal, former Public Relations Officer of the Supreme Court of Pakistan; Mudassir Iqbal, Director-General (Protocol), Sindh; Ziaul Hasan Khan, former IGP Punjab, and, at present, Commandant, National Police Academy; Mushtaq Hussain Hamdani, Director-General (Protocol) Punjab; Jehangir Mirza, former IGP, Sindh; Safdar Ali, Constable; Muhammad Naeem, Assistant In-charge (security guard); Javed Sadiq Malik, former principal secretary to the prime minister, and, at present, the Federal Ombudsman. Among those present in the Army House, Rawalpindi on March 9 — as claimed by the Chief Justice Iftikhar Muhammad Chaudhry in his affidavit submitted before the full court earlier — three, including the CoS to the president, Director-General Military Intelligence Maj-Gen Nadeem Ijaz and Director-General Intelligence Bureau Brig (retd) Ijaz Shah have submitted their affidavits. The Director-General Inter Services Intelligence (DG ISI) Lt-Gen Ashfaq Kiani, who was also present in the Army House on March 9, did not submit his affidavit. A senior government legal aide, when asked about the reason for this conspicuous miss, said that there was no need for all to submit their affidavits. The chief justice, in his affidavit, had said that after he declined to resign before the president, the DG ISI and the DG MI pressurized him to quit but he refused to do so. The DG MI, in his affidavit, however, denied to have exerted any pressure on the CJ to resign. Meanwhile, it has been learnt that the Chief of Staff to President Lt Gen (retd) Hamid Javaid's part of the affidavit was included after much indecisiveness because of the fear that it might lead to supplement the judicial crisis. According to sources, in a high-level meeting, it was no less than the president's top legal aide, Sharifuddin Pirzada, who advised the government to ignore the inclusion of the said evidence. Pirzada, these sources said, insisted that if the said evidence is produced against the chief justice, then two other senior "authorities" falling in the same category of "corruption" should also be proceeded against by the government. The CoS, in his affidavit, said, "The CJP submitted numerous claims and received cash worth hundred of thousands of rupees for reimbursement of petrol for car No. CIA-9 on the basis of receipts, purportedly issued by a Shell Pump (Abdullah & Sons) at Sumungly Road, Quetta. All the receipts are bogus. The pump, at all material times, only sold diesel, it did not sell petrol. The amounts were reimbursed to the CJP against these fake receipts." According to the sources, it was revealed to the official investigators during the probe that it was not the chief justice alone but also two other respected authorities, who were getting reimbursement of petrol on the basis of receipts issued by the same Shell pump, which the CoS affidavit claims does not sell petrol and only deals with diesel. These disclosures upset the decision makers for the reason that if the said evidence was produced against the chief justice, then how could the other two be spared.

 

 

Redrawing battle lines By Ansar Abbasi ISLAMABAD: Battle lines against the media are likely to be drawn afresh amid a pitched war between the government and the private broadcasters with strong opposition to the just promulgated amendments to the Pemra law being dubbed as a black law even in senior official echelons. While some hidden forces are dictating the government's media policy, the recent promulgation of the draconian Pemra Ordinance seemed to be part of a greater strategy evolved to keep a check on the pro-chief justice press-public sentiments. The media and the political parties-sponsored public rallies in support of the chief justice, according to government sources, are influencing the 13-member full court of the Supreme Court currently hearing the constitution petition of Chief Justice Iftikhar Muhammad Chaudhry. The Punjab government has already launched a crackdown against opposition activists, who are being arrested for 30 days under the Maintenance of Public Order.Background interviews reveal that the government has recently evolved a strategy to defeat the ongoing judicial crisis, according to the expectations of the top rulers. The crackdown against the political activists and the media is part of the same strategy, which, however, in case of the media has not so far worked so productively. It is believed that the arrest of the political activists under the MPO for one month would effectively harm the pro-chief justice demonstrations, while the move to put the media, particularly, the private television channels, under pressure would minimise what the government sources call "pro-CJ" propaganda. Such "propaganda" in the government's view influences the 13-member full court that is hearing Chief Justice Iftikhar Muhammad Chaudhry's petition. The government through its aggressive strategy wants to "free the full court from external influences". As against the government worries for the Supreme Court, the full court has recently declared that they are not being influenced by what is happening outside the courtroom. It is learnt that the new strategy has been adopted by the government following its failure in its earlier endeavour to "seek accommodation" from the judiciary. Using different tactics, the government has assigned different players to win the sympathy of the Supreme Court judges for the government. However, the move did not work. A source said that in a recent briefing, the rulers were told that the objective of winning the sympathies of the Supreme Court judges could not be achieved. Rather, it was said that the things are seemed to be getting out of the government's hand. The failure of the background manoeuvres led to the evolution of the latest strategy. It is said that the government wants to come down hard on the media as well as the opposition parties for another few weeks time, considered extremely crucial for the judicial crisis. Meanwhile, it is not yet clear as to who is the author of the new media policy as the top bosses of the Information Ministry were heard distancing themselves from the lately promulgated Pemra Ordinance. It is rather said that both Information Minister Muhammad Ali Durrani, and Information Secretary Anwar Mehmood were unaware of the promulgation of the Pemra Ordinance. The two, it is said, were sitting with members of the Pakistan Broadcasting Association (PBA) at a five-star hotel in Islamabad on Monday to discuss the recent closure of the television channels — Geo, ARY-One and Aaj — when they were informed about the promulgation of the new ordinance. The Information Ministry, it is claimed, was also not consulted when an FIR was registered against 250 journalists by the Islamabad police on Tuesday for staging the protest demonstration on Monday in violation of section 144. While some hidden forces are said to be behind this media-centric official assault, apparently it was the Pemra that had sought the draconian changes in the Pemra law. The draft amendments, it is said, were prepared and moved by Pemra and were promulgated through an ordinance bypassing the federal cabinet to take on the electronic media sternly. Those who have been interacting with Pemra Chairman Iftikhar Rashid, during the last few years are of the view that the kind of amendments introduced to the Pemra ordinance were not in line with the temperament of Rashid. The chairman, these sources said, has always been showing his media-friendly posture. However, an official source said that in the official meetings he has been seeking "concrete" powers to effectively tame the electronic media. The latest amendments introduced to the Pemra Act were also rejected by the Law Ministry, which had clearly said, "In Section 29 and 30 certain powers are proposed to be conferred on the Authority or the Chairman to take certain actions without giving show cause notice to the affected party. No action adverse to a party can be given without giving the affected party an opportunity of being heard. The proposed provision being violative of the principles of natural justice enshrined in maxim audi alteram partem." Although the Pemra ordinance was promulgated in an indecent haste, following the strong reaction from national and international media and member of civil society now the authorities are prepared to redraw battle lines against the media through give and take. The government is even prepared to undo the latest Pemra ordinance but only after some sound assurances to "balance" the reporting on judicial crisis.

 

 

 

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