DAWN/The News International, KARACHI
03 January 1999, Sunday, 14 Ramzan 1419
KARACHI: President Muhammad Rafiq Tarar has rejected the mercy petition of the condemned prisoner Muhammad Rafi alias Babli, who was awarded death sentence by Military Court No: 1 on December 14. According to prosecution Muhammad Rafi along with his accomplices had abducted an 18-year old girl student of intermediate, Syeda Ambarin Fazal and demanded ransom money of Rs0.5 million. The girl was also allegedly raped by the accused persons.
Muttahida accuses governor of changing jail manualKARACHI: The amendment made by the Sindh Governor in the jail manual to hang Ashraf Chachar is an open murder of law. This was stated by members of Sindh Assembly belonging to Muttahida Qaumi Movement Assembly in a statement on Saturday. They said according to jail manual hanging of prisoners cannot take place in Ramazan. They appealed the international agencies and human rights organisations to raise voice on the gross human rights violations. The MPA termed the hanging as 'murder of democracy and law and said it was highly condemnable. The alleged that Ashraf Chachar was fasting when he was hanged early morning. Referring to establishment of military courts the asked: "If the objective of the military courts is to curb terrorism then why such courts are not being established in Punjab?"
One shot dead, two stabbedKARACHI: Unidentified assailants shot dead a man at his home Korangi, a labourer drowned in the sea while a cop and his friend were in a street fight in Kalakot on Saturday. Abdul Salam, 38, of K Area, Korangi was sleeping in his home when three armed assailants barged into his house and shot him dead on the spot. Police, on information rushed to the spot and shifted the corpse to Jinnah Postgraduate Medical Center. They registered a case on the complaint of Salam's cousin and were investigating. In an street fight in Kalakot police limits two people, including a cop, were injured. Constable Abdul Rasheed had come to the area from Shah Faisal to see his friend Basheer. They indulged into a quarrel with an unknown man who stabbed both of them and fled. They were taken to Civil Hospital for medical aid. Meanwhile, a young labourer Tahir was working at a Taiwan flag ship moored at Berth 15 of the port and suddenly slipped and drowned. Police rushed to the scene on information and shifted the body to Civil Hospital.
Drive against MQM workers in Punjab soonISLAMABAD: Law-enforcement agencies are all set to launch a drive against MQM workers who have taken refuge in Punjab after the imposition of the governor's rule in Sindh.
Officials deputed on the clean-up operation in Punjab believe that over 1,200 MQM workers wanted in different cases of serious crimes have reached Punjab to escape arrest. Sources told The News that arrangements for launching a drive against them had been finalised and a swift operation against them was expected within a couple of days.
According to them, most of these workers have been provided shelter by influential persons in Punjab. The government agencies consider the presence of these men as a serious threat to law and order in the province. An official source said they had found a clue to MQM workers' involvement in the murder of a Chinese woman in Islamabad. He apprehended more crimes in Punjab in case of delay in clean-up operation.
Giving details about MQM workers' presence in Punjab, the source said they are scattered all over the province from Sadiqabad to Rawalpindi. The districts where raids are expected include Multan, Dera Ghazi Khan, Gujranwala, Lahore, Sialkot and Rawalpindi.
In Islamabad and Rawalpindi, the presence of MQM workers has been reported in I-9, Khyaban Sir Syed and Satellite Town. In Lahore, they have chosen to stay in the walled city and Anarkali areas. Besides, a large number of MQM workers are also working at the stone crushing plant of an important Baloch tribesman.
10 more murder cases sent to military courts
KARACHI, Jan 2: The police on Saturday sent 10 high-profile murder cases to the concerned wing of military courts to be tried next week.
According to police sources, these cases include those of Hakim Mohammad Said, Maulana Salahuddin, KESC chief Shahid Hamid, MQM leader Azim Ahmed Tariq and former MNA Zuhair Akram Nadeem.
At least three Muttahida Qaumi Movement MPAs - Zulfikar Haider, Qazi Khalid and Liaquat Qureshi - and a number of party activists, in absentia, along with scores of under-custody party workers, will be tried by military courts in these cases.
The under-custody activists will be the first hard-core Muttahida activists to face trial by military courts since the government introduced the tribunals early last month.
Only recently, a military court had sentenced two low-key MQM workers in a abduction and gang-rape case.
Chief Of Army Staff to visit military courts
KARACHI, Jan 2: General Pervaiz Musharraf, the Chief of Army Staff, will be visiting the military courts in Malir Garrison on Monday morning.
The general will have meetings with the corps commander and officers of the courts, who have been functioning since Dec 7, where he will assess the progress of the courts' proceedings and discuss suggestions for improving law and order in Karachi.
The role of the police in dealing with criminal gangs has not been found satisfactory by the military authorities and this point as to how to deal with such elements in the police force will be highlighted in the meetings.
Because of the visit of the COAS, the courts on Monday will assemble at 1pm.
Altaf demands abolition
of military courts
KARACHI: Chief of Muttahida Qaumi Movement (MQM) Altaf Hussain has demanded of President Rafiq Tarar, Chief of Army Staff General Pervaiz Musharraf and heads of all other armed forces to abolish the military courts, withdraw army from Sindh and stop using the army 'against' the people.
Addressing a joint meeting of the MQM's elders and women wings in Azizabad on Saturday, Altaf said neither in the past, nor in the present Mohajirs went against the army. He urged the top brass not to underestimate the 'hatred' developing amongst the people against the army and not to repeat the tragedy of East Pakistan.
Altaf said for murder, abduction, rape and other crimes, military courts were set up in Karachi, but no military courts were set up for those who disintegrated the country, plundered the national wealth, siphoned off the money and pushed the country to economic collapse, accepted kickbacks and commissions even in defence purchases.
"Military courts have been established on the basis of political vengeance and cases," he said. Altaf asked why the cases of thousands of MQM workers' murders and extrajudicial killings were not being referred to the military courts for trial and justice. Altaf Hussain said the law and order situation in Karachi had deteriorated following the operation against Karachi people on 19, June 1992. "Since then, thousands of MQM workers have been murdered by state agencies, police and others," he said.
"If a citizen violates the law of the country, he is liable to be punished. Similarly, if the president, prime minister or heads of armed forces violate the law of the land, they are also liable to be punished without any discrimination," Altaf said. "As per article 245, the army is under the control of the government, but this does not mean that they should obey the illegal orders of government and victimise a particular section of the society," he said. The MQM chief said according to the figures issued by the government, last year 1070 people were killed in acts of terrorism, and various other crimes in Lahore alone, whereas in Karachi, 861 persons became victims of crimes. "The population of Lahore is almost half the population of Karachi, but neither the governor's rule was imposed in the Punjab, nor military courts were set up there."
"If people found guilty of murder, rape and kidnappings are sentenced to death in Karachi, then the common people would be justified in demanding similar punishments through military courts in Lahore as well, where the crime rate is much higher," he said. Altaf Hussain appealed to the COAS to foil the conspiracy of the PML to flare up confrontation between the army and the poor masses of Karachi. Referring to the murder of Fasih Ahmad, he demanded that a case be registered against Prime Minister Nawaz Sharif and he be tried in the military court. Altaf Hussain also made an appeal to the chief of the armed forces to take an initiative and visit different areas of Karachi, along with the corps commander, to meet the people and see the real situation.
18 vehicles snatchedKARACHI: Bandits looted cash, jewellery and other valuables on Saturday while 18 vehicles were snatched. Robbers looted Rs 15,000 from a passerby Javed Sultan in Arambagh; cash, jewellery and other valuables from the house of Ghulam Arif in Taimuria; Rs 17,000 from Muhammad Tahir in Liaquatabad; cash, jewellery and other valuables from the house of Aziza in Landhi; 130 tins of ghee from the store of Haroon Rasheed in Orangi Town; Rs 18,000 from a passerby Muhammad Ismail, and Rs 99,500 from Ghaffar in Sukkun.
Govt accused of unleashing state terrorism in SindhTHATTA: Chairman Sindh Taraqi Pasand Party (STPP) Dr. Qadir Magsi said that Punjabi rulers had unleashed state terrorism against Sindh by constituting military courts. Speaking at an iftar party at Press Club Thatta on Saturday, he said the rulers wanted to keep Sindh under their control. "Sindhis have been kept as slaves for over fifty years and now Punjabi rulers have imposed semi-martial law in Sindh", he said. Magsi said there was more lawlessness in Punjab as compared to Sindh. "Then why the military courts were not set up there?" he asked. He also criticised the government for involving the Army in Wapda's affairs. The STPP chairman said that after Eid, his party would launch a campaign against the government. He said that other nationalist parties would be contacted and urged to join the STPP to remove the government.
References against PM: Mirza says he is not bound to send cases to Ehtesab Cell
ISLAMABAD, Jan 2: Chief Ehtesab Commissioner Justice Mujaddid Mirza ruled on Saturday that he was not bound to refer every case to the Ehtesab Cell for investigation, and that he enjoyed the power to refer those cases
which were against the prime minister or chief of the Ehtesab Cell to any other investigation agency.
In his order on the four separate references filed by Munir Ahmed, deputy secretary, information, PPP, against the prime minister, Punjab chief minister and chairman of the Ehtesab Cell, the CEC held that, under Section 15 of the Ehtesab Act, he was not bound to refer every case to the Ehtesab Cell.
"It would be a mockery of justice in case I was to mark the reference/complaints to the chairman, Ehtesab Cell, for inquiry or investigation which were against him. This will offend the rule of natural justice because no one can be judge in his own cause," the CEC observed in his 15-page order.
After a long discussion on the use of word "shall" in Section 15 of the Ehtesab Act, Justice Mirza observed he was clear in his mind that the word" shall" in sub-section (3) of Section 15 was not mandatory and was to be interpreted as directory and discretionary.
He stated that the principle of natural justice hardly needed any ruling or authority of the superior courts and was a well-accepted principle from time immemorial. "It is basic rule of natural justice and common sense without any exception."
Justice Mirza further stated that other principle of natural justice which was to be pressed into service was " justice must not only be done, but it must be seen to have been done."
He said that, unfortunately, corruption was rampant and had reached the stage where it had been converted into "legal demand" where a law-abiding citizen could not get his legal rights enforced without meeting the ubiquitous demand for illegal gratification. He said that as matter of fact, corruption was nowadays an order of the day.
The CEC stated that in such state of affairs, the compliance with the rules of natural justice must be kept in view. " That is the only way of salvation and that is how law and order can be maintained and a citizen could get justice and thereby repose confidence in the administration of justice and truth. These two factors are extremely essential for a welfare state."
He, however, noted that since the enforcement of the Ehtesab Act, there had been some check on "free-for-all culture of corruption."
The CEC stated he was clear in his mind that the word "shall" in sub-section (3) of Section 15 (Ehtesab Act) was not mandatory and was to be interpreted as directory and discretionary." It authorised the CEC to mark cases to any other agency than the Ehtesab Cell."
He further stated that his view that he was not bound to refer every case to the Ehtesab Cell was fortified by the views expressed by the Lahore High Court in the writ petition No 11 of 1997 (Haji Nawaz Khokar vs the Federation of Pakistan).
The CEC clarified that cases would be referred to the Ehtesab Cell after this order. He stated: "Cases shall continue to be marked to the Ehtesab Cell for inquiry/investigation, as envisaged by Section 15 of the Act, with the exception of those cases where the rules of natural justice were violated and it would be awkward and inconvenient for the Ehtesab Cell to deal with such type of cases."
Mohammad Akram Shaikh, Syed Sharif Hussain Bukhari and Advocate Babar Awan appeared on behalf of Munir Hussain, the complainant.
The references on which he passed the order were as follows:
1) Complaint against Nawaz Sharif, Shahbaz Sharif and others for misusing official resources and causing loss to the national exchequer to the tune of Rs620 million through developing 1,800 acres of land in Raiwind on state expenses.
2) Complaint against Nawaz Sharif and Shahbaz Sharif for whitening of black money during their tenure in 1990-93 and causing loss of Rs180 million to the national exchequer by evading income/wealth tax.
3) Complaint against Nawaz Sharif, Senator Saifur Rehman and others for reduction of import duty from 325 per cent to 125 per cent on import of luxury cars, causing loss to the national exchequer to the tune of Rs1.98 billion.
4) Complaint against Nawaz Sharif, Senator Saifur Rehman and others for leaking secrecy about imposition of emergency and freezing of foreign currency accounts, and withdrawal/smuggling of $500 million.
Hangu dispute not
sectarian: TJP leader
PESHAWAR: Tehrik-e-Jafria Pakistan (TJP) has alleged that certain elements are trying to make the ongoing tribal clashes between the Sunni tribesmen of Orakzai Agency and Shia residents of Hangu district a sectarian rift.
Addressing a press conference here on Friday, TJP provincial president Maulana Khurshid Anwar Jawadi said certain officials in the political authorities were supporting the attackers against Shia population in Kachai Valley, about 10 kilometres north of Hangu. He said the ongoing clashes between the Orakzai tribesmen and residents of Kachai Valley were due to the ownership of a mountain which originally belonged to the latter. However, he said, the Shia population of six villages in Kachai valley was ready to negotiate with the tribesmen over the ownership of the mountain.
Seven people were reported to have been killed and scores of other injured in an armed clash between the tribesmen from Sheikhan area in Orakzai Agency and residents of Kachai Valley in Hangu district. Starting on Thursday, the clashes are said to be still continuing.
Flanked by about a dozen Shia elders from Kachai Valley, Hangu and Kohat, the TJP leader asked the higher authorities in Islamabad and Peshawar to look into the matter. He alleged that certain officials in Orakzai Agency were providing help to the attackers (Sunni tribesmen) against the Shias which could covert the entire episode a sectarian-based event. "Though it is not a sectarian problem, we think it may become so," said the TJP leader. Jawadi said that the Nawaz government wanted to divert the masses' attention from the real issue, with scarcity of flour being on top of the list.
The TJP president demanded of the government to make public the judicial inquiry report of Hangu incident, give severe punishment to those involved, put a permanent end to tribal lashkars, action against the government officials responsible for the same and ensure law of the land in settled districts instead of going for jirgas, etc.
DPRK exported missiles to PakistanTOKYO: North Korea appears to have built 30 of its first-generation ballistic Rodong missiles and exported some of them to Iran and Pakistan, the Japan Broadcasting Corp (NHK) reported on Saturday. The Stalinist state is also believed to have deployed some of the missiles, which have an estimated range of more than 1,000 kilometres, in a combat-ready posture at a military base in the northwest, the report said. North Korea has agitated the United States and its allies by launching what it called a satellite over Japan on August 31, using a longer-range Taepo-Dong-1 rocket.