Nadeem Malik

Monday, August 27, 2007

"None of you chaps asked me"

"EXCLUSIVE FROM PAKISTAN"
By Watson Sims
          I was shaving at home in New Delhi when a bulletin on All India Radio said the government had been dismissed and martial law declared in Pakistan.  Leaving the shave unfinished, I ran for the morning flight to Karachi.
         Pakistan was a volatile part of my territory as Associated Press bureau chief in New Delhi.  Months earlier, a chair thrown during violent debate had killed the Speaker of the East Pakistan Assembly, and there was widespread talk of revolution.
         But who would lead a revolution?  And where did Pakistan's Army stand?  Those were burning questions on October 7, 1958, and I hoped to find the answers in Karachi.
         The city was forbiddingly quiet.  A clerk at the Metropole Hotel knew the government had been dismissed, but he did not know why or by whom.  Finding the Foreign Office closed; I went to the presidential palace and asked for an interview with President Iskander Mirza. I was told my request would be considered.
 Returning to the Metropole Hotel, I met Elie Abel of the New York Times and Charles Wheeler of the BBC, who told me that Karachi's airport had been closed.  No more correspondents would be arriving.
A day dragged past with no further information, and then came an electrifying call from the president's office: The president would see me at 5pm.
            "God," said Elie Abel. "I'd love to go with you."
  For several reasons, I invited him to come.  His predecessor as Times Correspondent, Abe Rosenthal, had been helpful when I arrived in India.  Unlike United Press International, the Times did not serve other newspapers.  And on such a vital and sensitive assignment, I welcomed the company of a non-competitive witness.
  At the presidential palace, I found I was expected, and Abel was accepted without challenge. We were escorted to a large office where President Mirza, a swarthy man in his late 50s, was waiting.  As we began talking, we could hear someone pacing, up and down, behind curtained doors at one side of the office.
  Mirza, visibly ill at ease, said the government was dismissed because it had been unable to control the country's widespread lawlessness.  There would be new elections, he said, but important issues had to be resolved before a date could be chosen.
  Suddenly, the doors to the balcony were thrown open, and a strapping, mustached man in the khaki uniform of the Pakistan Army entered the room.  Quickly, Gen. Mohammad Ayub Khan took command of the meeting.
  The fact was, he said, that Pakistan had drifted into disorder under its civilian government, and the Army offered its only hope for stability and peace.  The country had many good public servants, but they suffered for lack of direction and purpose. 
  "We will get some of these good chaps and put them in charge," he said.  "Once the situation is under control there will be new elections."
  The situation was now clear, and I asked whether I might leave and send my story..
  "Oh, no," said President Mirza, glancing at Ayub. "What you have been told is off the record."
  "No," said the general.  "You may send your story, but first have it read by my assistant, Gen. Yahya Khan."
  Within a half-hour, I handed my story to Gen. Mohammad Yahya Khan. He challenged only one word:  "Why do you say this is a luxurious palace?  It is not nearly so luxurious as your White House."
  Relieved of the offending word, the story became a worldwide AP exclusive on a momentous change in Pakistan, with Abel's story in the Times coming one day later.
  When Ayub Khan, who was to rule Pakistan until 1969, held his first news conference, a Pakistani journalist asked why the country had been forced to learn of its change of government from a foreign news agency.
  "Well," said the general, "none of you chaps asked me."                                      



-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Messenger Café — open for fun 24/7. Hot games, cool activities served daily. Visit now.

"None of you chaps asked me"

"EXCLUSIVE FROM PAKISTAN"
By Watson Sims
          I was shaving at home in New Delhi when a bulletin on All India Radio said the government had been dismissed and martial law declared in Pakistan.  Leaving the shave unfinished, I ran for the morning flight to Karachi.
         Pakistan was a volatile part of my territory as Associated Press bureau chief in New Delhi.  Months earlier, a chair thrown during violent debate had killed the Speaker of the East Pakistan Assembly, and there was widespread talk of revolution.
         But who would lead a revolution?  And where did Pakistan's Army stand?  Those were burning questions on October 7, 1958, and I hoped to find the answers in Karachi.
         The city was forbiddingly quiet.  A clerk at the Metropole Hotel knew the government had been dismissed, but he did not know why or by whom.  Finding the Foreign Office closed; I went to the presidential palace and asked for an interview with President Iskander Mirza. I was told my request would be considered.
 Returning to the Metropole Hotel, I met Elie Abel of the New York Times and Charles Wheeler of the BBC, who told me that Karachi's airport had been closed.  No more correspondents would be arriving.
A day dragged past with no further information, and then came an electrifying call from the president's office: The president would see me at 5pm.
            "God," said Elie Abel. "I'd love to go with you."
  For several reasons, I invited him to come.  His predecessor as Times Correspondent, Abe Rosenthal, had been helpful when I arrived in India.  Unlike United Press International, the Times did not serve other newspapers.  And on such a vital and sensitive assignment, I welcomed the company of a non-competitive witness.
  At the presidential palace, I found I was expected, and Abel was accepted without challenge. We were escorted to a large office where President Mirza, a swarthy man in his late 50s, was waiting.  As we began talking, we could hear someone pacing, up and down, behind curtained doors at one side of the office.
  Mirza, visibly ill at ease, said the government was dismissed because it had been unable to control the country's widespread lawlessness.  There would be new elections, he said, but important issues had to be resolved before a date could be chosen.
  Suddenly, the doors to the balcony were thrown open, and a strapping, mustached man in the khaki uniform of the Pakistan Army entered the room.  Quickly, Gen. Mohammad Ayub Khan took command of the meeting.
  The fact was, he said, that Pakistan had drifted into disorder under its civilian government, and the Army offered its only hope for stability and peace.  The country had many good public servants, but they suffered for lack of direction and purpose. 
  "We will get some of these good chaps and put them in charge," he said.  "Once the situation is under control there will be new elections."
  The situation was now clear, and I asked whether I might leave and send my story..
  "Oh, no," said President Mirza, glancing at Ayub. "What you have been told is off the record."
  "No," said the general.  "You may send your story, but first have it read by my assistant, Gen. Yahya Khan."
  Within a half-hour, I handed my story to Gen. Mohammad Yahya Khan. He challenged only one word:  "Why do you say this is a luxurious palace?  It is not nearly so luxurious as your White House."
  Relieved of the offending word, the story became a worldwide AP exclusive on a momentous change in Pakistan, with Abel's story in the Times coming one day later.
  When Ayub Khan, who was to rule Pakistan until 1969, held his first news conference, a Pakistani journalist asked why the country had been forced to learn of its change of government from a foreign news agency.
  "Well," said the general, "none of you chaps asked me."                                      



-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



FREE pop-up blocking with the new MSN Toolbar MSN Toolbar Get it now!

President Pervez Musharraf's TIMELINE October 1999 to August 23, 2007

President Pervez Musharraf's

TIMELINE


October 12, 1999
• General Pervez Musharraf became the de facto Head of the State, using the title 'Chief Executive', and assumed enormous powers, following a bloodless coup d'etat in which elected prime minister Nawaz Sharif was overthrown
 
October 15, 1999
• In response to the court petitions filed by the people challenging his assumption of power, Musharraf issued the Provisional Constitutional Order (PCO) that required the judges of the superior judiciary to swear allegiance to his military rule
 
May 12, 2000
• The Supreme Court of Pakistan, now comprising only those judges who had re-taken their oaths under the PCO ordered Musharraf to hold general elections by October 12, 2002
 
June 20, 2001
• Musharraf assumed the office of the 12th president of Pakistan, a few days before his scheduled visit to Agra for talks with the then Indian prime minister Atal Bihari Vajpayee
 
September 19, 2001
• Musharraf addressed the people of Pakistan and stated that while he supported the Taliban, unless the country reversed its position, it risked being endangered by an alliance of India and the US
 
July 2001
• Direct elections were held in five phases for members of union councils, including nazims and naib nazims, during 2000-2001. On the basis of these direct elections, indirect elections were held in July 2001 for zila nazims and naib nazims and also for tehsil/town nazims and naib nazims
 
August 14, 2001
• The new Local Government System was finally installed
January 12, 2002
• Musharraf delivered a landmark speech against extremism, condemning all acts of terrorism, including those carried out in the name of freeing the Held Kashmir's Muslim majority from the Indian rule. He also pledged to combat extremism and lawlessness within Pakistan
 
April 30, 2002
• In order to secure a legal cover for holding the office of the president, and to ensure its continuation for five more years in the wake of the then-approaching elections, Musharraf held a presidential referendum. Amidst incidents of boycott and political groups' complaints of massive rigging, and despite voter turnout being less than 30 per cent, Musharraf was declared victorious
 
July 10, 2002
• Musharraf went live on TV and apologised to the nation for "irregularities" committed during the referendum
October 12, 2002
• General elections were held, with the pro-Musharraf Pakistan Muslim League-Quaid (PML-Q) emerging as the majority party at the national level. The Benazir-Bhutto-led Pakistan People's Party Parliamentarians (PPPP), however, secured the maximum votes
 
November 21, 2002
• Musharraf handed over certain powers to the newly-elected Parliament. The National Assembly elected Mir Zafarullah Khan Jamali as the prime minister who, in turn, appointed his Cabinet
 
December 14, 2003
• Musharraf survived an assassination attempt when a powerful bomb went off minutes after his highly-guarded convoy crossed a bridge in Rawalpindi. The president was apparently saved by a jamming device in his limousine
December 25, 2003
• Two suicide bombers failed in their attempt to assassinate Musharraf, although 16 others standing nearby were killed. The president escaped with only a cracked windscreen on his car. Militant Amjad Farooqi was said to be the mastermind behind both attempts, and was killed by Pakistani forces in 2004 after an extensive manhunt
 
December 2003
• Musharraf struck a deal with the Muttahida Majlis-e-Amal (MMA), a coalition of six religious parties, in an attempt to end the deadlock with the opposition in the National Assembly that had lasted for more than 14 months. As per the deal, Musharraf promised to doff the uniform by December 31, 2004. Thanks to MMA's support, the pro-Musharraf legislators were able to muster the two-thirds majority required to get the 17th Amendment passed in the National Assembly
January 1, 2004
• In a vote of confidence, Musharraf secured 658 out of the total 1,170 votes and, according to Article 41(8) of the Constitution of Pakistan, was 'deemed to be elected' to the office of president until October 2007
 
June 26, 2004
• Prime Minister Zafarullah Jamali resigned, after he lost the support of the ruling PML-Q. According to rumours, his resignation was triggered by growing differences with PML-Q President Chaudhry Shujaat Hussain and it happened at the behest of Musharraf. Jamali was replaced by Shaukat Aziz, the then finance minister, after he won two National Assembly seats. Meanwhile, Shujaat Hussain served as the interim prime minister for about three months
 
February 18, 2004
• Musharraf began series of talks with India to resolve the Kashmir dispute
September 23, 2005
• Musharraf's remarks on rape courted a lot of controversy. In a tape-recorded, 50-minute interview with The Washington Post, he said that rape had become 'a moneymaking concern' in Pakistan. He later denied the statement
 
September 24, 2006
• In an interview with CBS News, Musharraf described how the then-US deputy secretary of state Richard Armitage had called Pakistan's intelligence director soon after the September-11 (2001) attacks, and threatened military action if Pakistan did not support the US-led 'war on terror'
 
March 9, 2007
• Musharraf suspended Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry through a presidential reference, accusing the latter of abuse of office. Another senior judge, Justice Javaid Iqbal, was appointed as the Acting Chief Justice of the Supreme Court
March 12, 2007
• The CJP's suspension sparked countrywide protests by lawyers. In Islamabad, Lahore, Karachi, and Quetta, hundreds of lawyers, dressed in black suits, attended protest rallies and condemned Musharraf's move which they termed 'unconstitutional'. More than 20 lawyers were injured in clashes with police during demonstrations in Lahore
 
May 12, 2007
• Clashes between the Muttahida Qaumi Movement (MQM) and other political parties left more than 40 people dead in firefights on the streets of Karachi. The office of Aaj TV was also damaged in a crossfire
 
July 6, 2007
• An anti-aircraft gun was fired by an unknown group at Musharraf's plane as it took off from Rawalpindi. At least 39 people were arrested, detained, and then taken to an undisclosed location by a joint team of the Punjab Police and intelligence agencies
July 8, 2007
• The standoff between the government and the clerics of Lal Masjid in Islamabad finally erupted into full scale violence when a delegation, led by Shujaat Hussain, declared that the negotiations with the militants holed up in the mosque had failed. Troops were given the go-ahead to storm the complex in an operation code-named 'Operation Silence', whose objective was to capture or kill the militants if they resisted, and to rescue the students held hostage inside the mosque
 
July 20, 2007
• The Supreme Court reinstated Iftikhar Muhammad Chaudhry as the CJP, dismissing all misconduct charges filed by Musharraf through the presidential reference
 
August 8, 2007
• A rumour spread across Pakistan that a state of emergency was going to be imposed in the country. Government ministers confirmed that the option was being considered due to 'internal and external threats' faced by the country
 
August 9, 2007
• Musharraf denied that emergency was being imposed in the country. This was followed by a statement by US President George W Bush that the imposition of emergency in Pakistan was not a reality
 
August 22, 2007
• A survey by the US-based International Republican Institute (IPR) showed that 62 per cent of the Pakistanis did not want another term to be granted to Musharraf as president of the country
• In an effort to give his image a kiss of life, Musharraf announced that he would appear as a regular guest star on state television's Q&A show titled 'Aiwan-e-Sadar Sey'. The show is aired weekly on PTV
 
August 23, 2007
• The Supreme Court allowed Mian Nawaz Sharif and his brother Mian Shahbaz Sharif to return to Pakistan



-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Express yourself instantly with MSN Messenger! MSN Messenger Download today it's FREE!

President Pervez Musharraf's TIMELINE October 1999 to August 23, 2007

President Pervez Musharraf's

TIMELINE


October 12, 1999
• General Pervez Musharraf became the de facto Head of the State, using the title 'Chief Executive', and assumed enormous powers, following a bloodless coup d'etat in which elected prime minister Nawaz Sharif was overthrown
 
October 15, 1999
• In response to the court petitions filed by the people challenging his assumption of power, Musharraf issued the Provisional Constitutional Order (PCO) that required the judges of the superior judiciary to swear allegiance to his military rule
 
May 12, 2000
• The Supreme Court of Pakistan, now comprising only those judges who had re-taken their oaths under the PCO ordered Musharraf to hold general elections by October 12, 2002
 
June 20, 2001
• Musharraf assumed the office of the 12th president of Pakistan, a few days before his scheduled visit to Agra for talks with the then Indian prime minister Atal Bihari Vajpayee
 
September 19, 2001
• Musharraf addressed the people of Pakistan and stated that while he supported the Taliban, unless the country reversed its position, it risked being endangered by an alliance of India and the US
 
July 2001
• Direct elections were held in five phases for members of union councils, including nazims and naib nazims, during 2000-2001. On the basis of these direct elections, indirect elections were held in July 2001 for zila nazims and naib nazims and also for tehsil/town nazims and naib nazims
 
August 14, 2001
• The new Local Government System was finally installed
January 12, 2002
• Musharraf delivered a landmark speech against extremism, condemning all acts of terrorism, including those carried out in the name of freeing the Held Kashmir's Muslim majority from the Indian rule. He also pledged to combat extremism and lawlessness within Pakistan
 
April 30, 2002
• In order to secure a legal cover for holding the office of the president, and to ensure its continuation for five more years in the wake of the then-approaching elections, Musharraf held a presidential referendum. Amidst incidents of boycott and political groups' complaints of massive rigging, and despite voter turnout being less than 30 per cent, Musharraf was declared victorious
 
July 10, 2002
• Musharraf went live on TV and apologised to the nation for "irregularities" committed during the referendum
October 12, 2002
• General elections were held, with the pro-Musharraf Pakistan Muslim League-Quaid (PML-Q) emerging as the majority party at the national level. The Benazir-Bhutto-led Pakistan People's Party Parliamentarians (PPPP), however, secured the maximum votes
 
November 21, 2002
• Musharraf handed over certain powers to the newly-elected Parliament. The National Assembly elected Mir Zafarullah Khan Jamali as the prime minister who, in turn, appointed his Cabinet
 
December 14, 2003
• Musharraf survived an assassination attempt when a powerful bomb went off minutes after his highly-guarded convoy crossed a bridge in Rawalpindi. The president was apparently saved by a jamming device in his limousine
December 25, 2003
• Two suicide bombers failed in their attempt to assassinate Musharraf, although 16 others standing nearby were killed. The president escaped with only a cracked windscreen on his car. Militant Amjad Farooqi was said to be the mastermind behind both attempts, and was killed by Pakistani forces in 2004 after an extensive manhunt
 
December 2003
• Musharraf struck a deal with the Muttahida Majlis-e-Amal (MMA), a coalition of six religious parties, in an attempt to end the deadlock with the opposition in the National Assembly that had lasted for more than 14 months. As per the deal, Musharraf promised to doff the uniform by December 31, 2004. Thanks to MMA's support, the pro-Musharraf legislators were able to muster the two-thirds majority required to get the 17th Amendment passed in the National Assembly
January 1, 2004
• In a vote of confidence, Musharraf secured 658 out of the total 1,170 votes and, according to Article 41(8) of the Constitution of Pakistan, was 'deemed to be elected' to the office of president until October 2007
 
June 26, 2004
• Prime Minister Zafarullah Jamali resigned, after he lost the support of the ruling PML-Q. According to rumours, his resignation was triggered by growing differences with PML-Q President Chaudhry Shujaat Hussain and it happened at the behest of Musharraf. Jamali was replaced by Shaukat Aziz, the then finance minister, after he won two National Assembly seats. Meanwhile, Shujaat Hussain served as the interim prime minister for about three months
 
February 18, 2004
• Musharraf began series of talks with India to resolve the Kashmir dispute
September 23, 2005
• Musharraf's remarks on rape courted a lot of controversy. In a tape-recorded, 50-minute interview with The Washington Post, he said that rape had become 'a moneymaking concern' in Pakistan. He later denied the statement
 
September 24, 2006
• In an interview with CBS News, Musharraf described how the then-US deputy secretary of state Richard Armitage had called Pakistan's intelligence director soon after the September-11 (2001) attacks, and threatened military action if Pakistan did not support the US-led 'war on terror'
 
March 9, 2007
• Musharraf suspended Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry through a presidential reference, accusing the latter of abuse of office. Another senior judge, Justice Javaid Iqbal, was appointed as the Acting Chief Justice of the Supreme Court
March 12, 2007
• The CJP's suspension sparked countrywide protests by lawyers. In Islamabad, Lahore, Karachi, and Quetta, hundreds of lawyers, dressed in black suits, attended protest rallies and condemned Musharraf's move which they termed 'unconstitutional'. More than 20 lawyers were injured in clashes with police during demonstrations in Lahore
 
May 12, 2007
• Clashes between the Muttahida Qaumi Movement (MQM) and other political parties left more than 40 people dead in firefights on the streets of Karachi. The office of Aaj TV was also damaged in a crossfire
 
July 6, 2007
• An anti-aircraft gun was fired by an unknown group at Musharraf's plane as it took off from Rawalpindi. At least 39 people were arrested, detained, and then taken to an undisclosed location by a joint team of the Punjab Police and intelligence agencies
July 8, 2007
• The standoff between the government and the clerics of Lal Masjid in Islamabad finally erupted into full scale violence when a delegation, led by Shujaat Hussain, declared that the negotiations with the militants holed up in the mosque had failed. Troops were given the go-ahead to storm the complex in an operation code-named 'Operation Silence', whose objective was to capture or kill the militants if they resisted, and to rescue the students held hostage inside the mosque
 
July 20, 2007
• The Supreme Court reinstated Iftikhar Muhammad Chaudhry as the CJP, dismissing all misconduct charges filed by Musharraf through the presidential reference
 
August 8, 2007
• A rumour spread across Pakistan that a state of emergency was going to be imposed in the country. Government ministers confirmed that the option was being considered due to 'internal and external threats' faced by the country
 
August 9, 2007
• Musharraf denied that emergency was being imposed in the country. This was followed by a statement by US President George W Bush that the imposition of emergency in Pakistan was not a reality
 
August 22, 2007
• A survey by the US-based International Republican Institute (IPR) showed that 62 per cent of the Pakistanis did not want another term to be granted to Musharraf as president of the country
• In an effort to give his image a kiss of life, Musharraf announced that he would appear as a regular guest star on state television's Q&A show titled 'Aiwan-e-Sadar Sey'. The show is aired weekly on PTV
 
August 23, 2007
• The Supreme Court allowed Mian Nawaz Sharif and his brother Mian Shahbaz Sharif to return to Pakistan



-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Express yourself instantly with MSN Messenger! MSN Messenger Download today it's FREE!

Friday, August 24, 2007

THE NATIVES’ RIGHT TO RETURN BY Dr. Tariq Hassan

THE NATIVES' RIGHT TO RETURN

 

With the controversial and much awaited general elections drawing nearer, three political exiles—Benazir Bhutto, Nawaz Sharif and Shahbaz Sharif—are seeking to return to Pakistan to lead their respective political parties. However, instead of allowing them to exercise their right to return and to participate in the electoral process, General Musharraf has publicly declared that they should stay away from Pakistan. The absence of the leaders of Pakistan's two mainstream political parties will destroy any hope of a free, fair and transparent election. The General will have a free hand in rigging the election on the strength of his army uniform to ensure the return of his pliable, rubber-stamping parliamentarians and to secure his position at the helm of affairs for the next five years.

 

While Benazir is trying to re-enter the country and the political arena through the back door by making a political deal with the General, the Sharif brothers have knocked at the doors of the judiciary to come in defiantly through the front door, even though it may mean breaking their alleged deal with the General. The disparity in the manner in which Benazir and the Sharif brothers are seeking to return is commensurate with the difference in the status of their exile. While Benazir lives abroad in a self-imposed exile to avoid prosecution for corruption as much as political persecution, the Sharif brothers were deported from the country by way of punishment, ironically for preventing General Musharraf from returning to Pakistan in 1999. Whatever the reason for living in external exile, Benazir and the Sharif brothers are anxious to return for of the impending elections but are not being allowed to do so by an explicit threat of imprisonment.

 

Nawaz Sharif has filed a petition before the Supreme Court of Pakistan for his and Shahbaz Sharif's return, where the matter is pending adjudication before an especially constituted seven-member bench. This is not the first time that the Sharif brothers have approached the Court. Shahbaz Sharif had petitioned the Supreme Court as early as 2003 (Constitution Petition Number 55 of 2003) in which he had expressly stated that "in December 2000, while the petitioner was in custody, he was forced to board an airplane along with his other family members and was deported to Saudi Arabia. … It is alleged that Government of Pakistan to date continues to insist that some sort of a deal exists under which the petitioner and his family members opted to live in exile, but the same is denied by him with assertion that no such document supporting such deal has ever been produced by the government."

 

In a strange twist of fate, Shahbaz Sharif had been represented in this case by Malik Muhammad Qayyum, the present Attorney General, who had contended: "The petitioner, being a citizen of Pakistan, has a natural and inherent right to enter and return to the country, which is guaranteed under Article 15 of the Constitution…." Hearing his arguments the Supreme Court had observed: "It is not denied by learned Attorney General for Pakistan and Advocate General Punjab nor so could be denied that Article 15 of the Constitution bestows a right on every citizen of Pakistan to enter or move freely throughout the country and to reside and settle in any part thereof. It is a settled proposition of law that the right to enter in the country cannot be denied but a citizen can be restrained from going out of the country. The petitioner is a citizen of Pakistan and has a constitutional right to enter and remain in the country."

 

In rendering its judgment in that matter, the Supreme Court noted that "neither in the comments nor during the course of arguments the Federal Government/ Government of Punjab has disputed the right of the petitioner being a citizen of Pakistan to come back to the country nor referred nor brought on record any agreement/document permitting the government to force the petitioner to live in exile." However, in considering the relief sought by Shahbaz Sharif, the Supreme Court observed that "the petitioner in Const. Petition No.55/2003 has not raised any question of public importance. It appears that he left the country on his own and nothing material has been brought on record to substantiate the assertion that he was forced to live in exile. The petitioner has prayed for a relief, which, in fact, always remained available to him and he himself was solely responsible for not availing it earlier. Const. Petition No. 55 of 2003 is not maintainable." The petition was accordingly dismissed but it was made clear that it was the inherent and fundamental right of Shahbaz Sharif to return to his country and that this right had not been taken away by an alleged deal with the Government.

 

Indeed, every citizen has the right to remain in, enter and move freely throughout the country and to reside and settle in any part thereof. Article 15 of the Pakistan Constitution guarantees this fundamental right. Whereas the right to remain in the country is an absolute right, the right to enter and move freely is subject to any reasonable restriction that may be imposed by law in the public interest. No reasonable restrictions have been imposed on the Sharif brothers by law in the public interest. Any restrictions imposed on the Sharif brothers through an alleged deal made at the behest of and to protect the interests of a military usurper cannot be equated with legal restrictions that may be imposed in the public interest.

 

The fundamental right granted by Article 15 of the Pakistan Constitution is backed by international norms. Article 9 of the Universal Declaration of Human Rights declares: "No one shall be subjected to arbitrary arrest, detention or exile." Furthermore, Article 13 states: "Everyone has the right to leave any country, including his own, and to return to his country." The Human Rights Declaration itself draws its inspiration in this regard from the Magna Carta, which, as early as 1215, proclaimed: "No … man shall be outlawed or exiled … except by the lawful judgment of his equals or by the law of the land". Although the Human Rights Declaration is not a legally binding treaty, its provisions are considered customary international law and binding, as such, on all member states of the United Nations and therefore on Pakistan.

 

Although the International Covenant on Civil and Political Rights (ICCPR), the treaty that gives legal force to many of the rights proclaimed in the Human Rights Declaration, does not expressly prohibit exile, it codifies the right to return. It states in Article 12(4) "No one shall be arbitrarily deprived of the right to enter his own country." The substance of Article 12(4) implicitly prohibits forcible exile, since an order that would force a person to leave his country would in effect restrict his return to the country and therefore would be in violation of this Article.

 

It is evident that both national and international law forbid forcible exile. For whatever reason, a Government cannot force individuals to leave their own country or prohibit their return. The international community has repeatedly called for the recognition of the right of the forcibly exiled to return to their country. International law grants individuals the right to return to their own country, and thereby provides an effective remedy to those in exile.

 

Notwithstanding national and international efforts to outlaw political exile, the practice persists in authoritarian and politically under-developed societies as an undesirable legacy of ancient times. Even though some trace the practice of exile to biblical times when Adam and Eve were banished from the Garden of Eden as punishment for not following divine dictates, the Greeks are known to have initiated this practice in Athens in 509 B.C. as a means of defeating political rivals who were perceived to be dangerous. The Romans adopted this practice by giving the Roman Senate the power to exile individuals along with their entire families. This practice has continued through the ages: the French Emperor Napoleon Bonaparte, rather than being tried or executed, was exiled from France to Elba and later to St. Helena after his defeat at Waterloo in 1815; Bahadur Shah Zafar, the last Mughal King, was exiled to Rangoon after his defeat at the hands of the English in 1857. In more recent times, a number of kings and dictators have been granted sanctuary abroad in return for relinquishing power: Mohammad Zahir Shah was exiled from Afghanistan to Italy; Ferdinand Marcos fled the Philippines for Hawaii; Baby Doc Duvalier fled Haiti for France; Mengisthu Haile Miriam fled Ethiopia for Zimbabwe; Charles Taylor fled Liberia for exile in Nigeria; and Idi Amin fled Uganda for Libya and later settled in Saudi Arabia.

 

The Supreme Court has allowed the Government until the 23rd of this month to produce the alleged deal with the Sharif brothers. The nation watches with interest to see whether the Attorney General, who in a different role had advocated the Sharif brothers right to return to Pakistan, is now able to conjure up a deal, with the help of General Musharraf's cohorts, in a vain attempt to save the day. The General's loyalists may however better serve their leader by reminding him of the age-old adage that one reaps what one sows: having exiled the Sharif brothers, the General is likely to suffer the same fate and end up in Saudi Arabia himself and, like Idi Amin and other dictators before him, spend his remaining days in ignominy and isolation. Allowing the return of the Sharif brothers and holding free, fair and transparent elections may be his only chance to mitigate the harshness of the fate that, in all likelihood, awaits him.

 



Ó The author, an international lawyer based in Islamabad, was the former Chairman of the Securities and Exchange Commission of Pakistan. Email: thassan@ijurist.org.




-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Express yourself instantly with MSN Messenger! MSN Messenger Download today it's FREE!

Friday, August 17, 2007

ADB points to poor governance: Pakistan’s social indicators among worst in Asia

ADB points to poor governance: Pakistan's social indicators among worst in Asia




ISLAMABAD, Aug 14: The Asian Development Bank (ADB) in a special evaluation on Pakistan's 60th independence anniversary describes it as a country with "poor governance, endemic corruption and social indicators that are among the worst in Asia".

In the first evaluation report in 22 years 'Learning Curves: What role for ADB in Pakistan?', the bank says that 'Pakistan has provided a challenging context in which to implement a programme of development assistance', although it was a major client of the bank.

Wars and cross-border conflicts with its neighbours, strong ethnic and cultural divisions, continued existence of feudal social relations in some parts and a complex structure of government comprising federal, provincial, district, tehsil or taluka and union levels, each with an elected body since 2002 have marked Pakistan's modern history.

The bank plans to reduce the number of sectors and sub-sectors in which it is involved on the basis of a detailed Country Assistance Programme Evaluation (CAPE). This restructuring, however, is not because the country did not fare well but for the reason that ADB's public sector loan portfolio was unfocused and its staff overburdened.

The Asian Bank says that three periods of military rules, 10 changes in the leadership of civilian governments during 1988-1999, erratic economic growth, with periods of faster growth neither sustained nor translated into better social outcomes, rising poverty rates throughout the 1990s were important developments in Pakistan over the years.

The report said the ADB's performance in none of the ten sectors was rated 'highly successful' while the programmes in health, nutrition and social protection, water supply, sanitation and waste management were rated 'unsuccessful'.

Only two sectors -- energy and transport -- were rated as 'successful' and in agriculture and natural resources, education, finance, law, economic management and public policy the performance was ranked 'partly successful'.

The evaluation concluded that the ADB has too many loans in too many sectors and sub-sectors, given staff and technical resources and the requirement of its business processes.

The study recommended that in the absence of a major increase in the number assigned to support operation in Pakistan, the bank should reduce the number of sectors and sub-sectors it is involved in. An appropriate scenario would be four core lending and two core non-lending sectors with a more focused approach and hence the number of active public sector projects in the portfolio should be reduced.

The bank would consider a new approach towards preparation of a new country partnership strategy with key elements of sector prioritisation, pro-poor approaches, private sector operations, capacity building, delegation of authority, project processing and client perceptions.

The ADB said the balance would need to be adjusted between lending and economic, thematic work and policy dialogue.

The second element would be to ensure that operations are underpinned by more rigorous analysis and that it becomes recognised as a leading source of ideas in its sectors of core focus.

The study recommended that in addition to higher staff resources and analyst level support, greater authority should be devolved to Pakistan Resident Mission, with the country director empowered to act on most matters.

The report also says that to complement the within-project focus on corruption, the ADB should ensure that it understands the nature, extent and drivers of corruption in each sector in which it engages to ensure that project design and separate initiatives incorporate effective anti-corruption measures at the sector or country level.

The report also recommends that if the Asian Bank increases resident missions staff resources significantly, greater efforts are needed to ensure compliance with the policy for their full staff involvement in project processing.

Similarly, the delegation of project administration should be accelerated and projects should be delegated as soon as possible after approval before they run into implementation problems.



-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Express yourself instantly with MSN Messenger! MSN Messenger Download today it's FREE!

Friday, August 10, 2007

NewsGuru on New Pakistan Specific US Law--9/11 Commission Act

Implementing Recommendations of the 9/11 Commission Act of 2007

 

 

A democratic, stable, and prosperous Pakistan that is a full and reliable partner in the struggle against the Taliban, al Qaeda, and other terrorist groups, and is a responsible steward of its nuclear weapons and technology, is vital to the national security of the United States.

 

 

POLICY GOALS:

 

Curbing the proliferation of nuclear weapons technology;

 

Combating poverty and corruption;

 

Enabling effective government institutions, including public education;

 

Promoting democracy and the rule of law, particularly at the national level;

 

Addressing the continued presence of Taliban and other violent extremist forces throughout the country;

 

Maintaining the authority of the Government of Pakistan in all parts of its national territory;

 

Securing the borders of Pakistan to prevent the movement of militants and terrorists into other countries and territories; and

 

Effectively dealing with violent extremism.

 

 

 

 

How to achieve?

 

 

Statements of Policy- The following shall be the policy of the United States:

 

(1) To maintain and deepen its friendship and long-term strategic relationship with Pakistan.

 

(2) To work with the Government of Pakistan to combat international terrorism, especially in the frontier provinces of Pakistan, and to end the use of Pakistan as a safe haven for terrorist groups, including those associated with al Qaeda or the Taliban.

 

(3) To support robust funding for programs of the United States Agency for International Development and the Department of State that assist the Government of Pakistan in working toward the goals described in subsection (a)(4), as the Government of Pakistan demonstrates a clear commitment to building a moderate, democratic state.

 

(4) To work with the international community to secure additional financial and political support to effectively implement the policies set forth in this subsection.

 

(5) To facilitate a just resolution of the dispute over the territory of Kashmir, to the extent that such facilitation is invited and welcomed by the Governments of Pakistan and India and by the people of Kashmir.

 

(6) To facilitate greater communication and cooperation between the Governments of Afghanistan and Pakistan for the improvement of bilateral relations and cooperation in combating terrorism in both countries.

 

(7) To work with the Government of Pakistan to dismantle existing proliferation networks and prevent the proliferation of nuclear technology.

 

 

REQUIREMENT FOR REPORT ON STRATEGY

Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report that describes the long-term strategy of the United States to engage with the Government of Pakistan to achieve the goals.

 

 

 

 

Limitation on US Security Assistance

 

For fiscal year 2008, United States assistance under Foreign Assistance Act, Arms Export Control Act may not be provided to, and a license for any item controlled under the Arms Export Control Act may not be approved for, Pakistan until the President transmits to the appropriate congressional committees a report that contains a determination of the President that the Government of Pakistan--

 

(A) is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or any successor, engaged in military, insurgent, or terrorist activities in Afghanistan;

 

(B) is undertaking a comprehensive military, legal, economic, and political campaign to achieving the goal described in subparagraph (A); and

 

(C) is currently making demonstrated, significant, and sustained progress toward eliminating support or safe haven for terrorists.

 

 

 

NUCLEAR ISSUE

Congress finds that the maintenance by any country of a procurement or supply network for the illicit proliferation of nuclear and missile technologies would be inconsistent with that country being considered an ally of the United States.

It is the sense of Congress that the national security interest of the United States will best be served if the United States develops and implements a long-term strategy to improve the United States relationship with Pakistan and works with the Government of Pakistan to stop nuclear proliferation.

 

 

 

DECLARATION OF POLICY

Congress declares that the amount of funds appropriated shall be determined by the extent to which the Government of Pakistan displays demonstrable progress in--

 

(A) preventing al Qaeda and other terrorist organizations from operating in the territory of Pakistan, including eliminating terrorist training camps or facilities, arresting members and leaders of terrorist organizations, and countering recruitment efforts;

 

(B) preventing the Taliban from using the territory of Pakistan as a sanctuary from which to launch attacks within Afghanistan, including by arresting Taliban leaders, stopping cross-border incursions, and countering recruitment efforts; and

 

(C) implementing democratic reforms, including allowing free, fair, and inclusive elections at all levels of government in accordance with internationally-recognized democratic norms, and respecting the independence of the press and judiciary.

 

 

The Secretary of State shall submit to the appropriate congressional committees a biannual report describing in detail the extent to which the Government of Pakistan has displayed demonstrable progress in meeting the goals

 

 

Any US action inside Pakistan unacceptable- Khurshid Kasuri

 

There were no safe havens in Pakistan- Kasuri

 

Terrorists were on the run and in hiding- Kasuri

 

Pakistan disappointed with new US Bill- Kasuri

 

Linkage between assistance and counter-terrorism counter productive- Kasuri

 

Pakistan not to accept discriminatory treatment on nuclear issue- Kasuri

 

 

 

US National Intelliegence Estimates reports are not always correct- Tasnim Aslam

 

NATO has committed violations in the past in few cases- Tasnim Aslam

 

Pakistan needs civilian nuclear deal to meet its energy requirements- Tasnim Aslam

 

Pakistan lost 1000 soldiers in counter terrorism operations in FATA- Kasuri

 

 

 

 




-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Express yourself instantly with MSN Messenger! MSN Messenger Download today it's FREE!

Wednesday, August 08, 2007

No bar on Nawaz Sharifs’ return

No bar on Sharifs' return




By Ansar Abbasi



ISLAMABAD: No "deal" exists between the exiled Sharif brothers and the government that speaks of any bar on them from participating in politics for any length of time, their return timeframe or sending them into exile.

A four-page document signed by Nawaz Sharif, his brothers Shahbaz Sharif and Abbas Sharif, and his son Hussain Nawaz contained no conditions attached to their "deportation" to Jeddah on December 10, 2000.



They had, however, sought that the sentences of imprisonment awarded to Nawaz by the anti-terrorist court be "waived" to enable him to proceed abroad for medical treatment. It was also stated, "...the petitioners may not be prosecuted in respect of any alleged past conduct."



On the basis of this document, which was a petition addressed to the president, the then Chief Executive General Pervez Musharraf advised the-then President Muhammad Rafiq Tarar on December 9, 2000 to remit the sentences given to Nawaz Sharif.



The former president, according to the official documents, approved the same on December 10. On the same night, the Sharif family flew to Saudi Arabia. Except this document, there is no other paper containing the signatures of Sharifs and reflecting any accord between the two sides.



However, sources confirmed that the Saudi government through a mediator – Saeedul Harriri, who was brother of Rafiq Harriri – convinced the Sharifs to sign the document. There is, however, no clue of any written agreement reached between Jeddah and Islamabad to the effect.



Tarar – who remained president till June 2001 – when approached confirmed that there was no other document available with the government except the four-page "petition" of the Sharifs. He also denied that any written agreement was signed by Jeddah and Islamabad, adding that under the Constitution, any agreement with a foreign state is required to be ratified by the president. However, he did never ratify any such agreement.

The government spokesman and Federal Information Minister Muhammad Ali Durrani when approached said, "I don't have anything to say in this regard." A leading federal minister, who has been defending the "deal" in the media, told this correspondent on condition of anonymity that he never saw any agreement between the Sharifs and the government or between Islamabad and Jeddah. He also said that he was not even in the knowledge of the four-page document or its contents.



The following is the text of the four-page petition signed by four Sharifs:

"To, The President of the Islamic Republic of Pakistan. Dear Sir, That petitioner No 1 (Nawaz Sharif) along with others was tried for offences under sections 120B, 212, 121A, 123, 365, 402B, 109 and 324 of Pakistan Penal code and section 6/7 of the Anti-terrorism Act 1997 by the Anti-terrorism Court No-1 Karachi.

The other co-accused of petitioner No. 1 were acquitted but petitioner No 1 was, by the judgment dated 6 April 2000 of the said court, convicted for offences under section 402 P.P.C read with Section 7 of the Anti-terrorism Act 1997 and sentenced as under.



Offence under Section 402B PPC. (i) Rigorous imprisonment for life. (ii) Fine of Rs 500,000 (in case of non-payment of fine R.I of 5 years). (iii) Confiscation of entire property.



Offence under Section 7 of Anti-terrorism Act. (i) Imprisonment for life. (ii) Fine of Rs 500,000 (in case of non payment of fine R.I for 5 years). (iii) To pay Rs 2,900,000 as compensation to all passengers of flight PK-805 in equal shares.

That on appeal by petitioner No.1 against the judgment has maintained conviction under Section 402B PPC read with Section 7 of the Anti-Terrorism Act and modified the sentences as under:- (i) Imprisonment for life. (ii) Fine of Rs 500,000 (in case of non payment of fine R.I for five years). (iii) Forfeiture of property (movable and immovable to the extent of the value of Rs 500 million).

That on a reference filed by the National Accountability Bureau under the NAB Ordinance 1999, petitioner No 1 has been tried by Accountability Court Attock Fort and convicted for an offence under section 9(a)(v) of the NAB Ordinance and sentenced as under:- (i) R.I for 14 years. (ii) Fine of Rs 20,000,000 (in case of non-payment of fine R.I for 3 years). (iii) Disqualification for 21 years for seeking or from being elected, chosen, appointed or nominated as member or representative of any public office or any statutory or local authority of the government of Pakistan.


That the petitioner No 1 has developed serious health problems.


That certain inquiries and investigations against conduct of petitioner No. 1 and petitioners No 2 to 4 are pending with the investigating agencies and investigations may culminate into the petitioners' prosecution.

In view of the above it is requested that the sentences of imprisonment of petitioner No 1 may be waived to enable him to proceed abroad for medical treatment and the petitioners may not be prosecuted in respect of any alleged past conduct.



(Signed) 9.12.2000. Mian Muhammad Nawaz Sharif- petitioner No 1. (signed) Mian Shabaz Sharif- petitioner No. 2. (signed) Mian Abbas Sharif- petitioner No. 3. (signed) Hussain Nawaz- petitioner No. 4."

On December 9, 2000, the-then Chief Executive Secretariat wrote to the President: "Subject: Grant of Pardon. In terms of Article 45 of the Constitution of Islamic Republic of Pakistan the president is advised to:- (a) Remit the sentence of imprisonment for life awarded to Mian Muhammad Nawaz Sharif by the High Court of Sindh in its judgment dated October 30, 2000 in Special Appeal No 43 of 2000 under Section 402B of the Pakistan Penal Code read with section 7(ii) of the Anti-Terrorism Act, 1997 and (b) Remit the sentence of R.I for 14 years awarded to Mian Muhammad Nawaz Sharif by the Accountability Court Attock Fort in its judgment dated July 22, 2000 in reference No 2 of 2000 under Section 9(a)(v) of the National Accountability Bureau Ordinance 1999. (signed) Pervez Musharraf, Chief Executive of Pakistan and Chairman Joint Chiefs of Staff and Chief of Army Staff. 9 Dec 2000."



On this the-then president wrote, "approved. Sentences remitted. (signed)."




-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD

0321-5117511

nadeem.malik@hotmail.com

16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118

 



Don't just search. Find. MSN Search Check out the new MSN Search!

NADEEM MALIK LIVE

NADEEM MALIK LIVE

Nadeem Malik Live is the flagship current affairs programme of Pakistan. The programme gives independent news analysis of the key events shaping future of Pakistan. A fast paced, well rounded programme covers almost every aspect, which should be a core element of a current affairs programme. Discussion with the most influential personalities in the federal capital and other leading lights of the country provides something to audience to help them come out with their own hard hitting opinions.

http://youtube.com/NadeemMalikLive