DAWN / NEWS International, Karachi 18 November 1997 Tuesday 17 Rajab 1418 Altaf urges Nawaz to help recover missing MQM men KARACHI: Chief of MQM Altaf Hussain has demanded of prime minister Nawaz Sharif to take concrete step and to order concerned authorities to recover 28 missing MQM workers. In a statement issued on Monday he said from June 19, 1992 to November 5, 1996 about 28 party workers were arrested by LEA and police, but none of the family member of them has any information about them though they are witness of arrests. He said that not a single case was registered neither any one was produced before the court. He said cases of missing MQM workers had not been brought on the floor of Senate despite constitution of four- member committee of Senate headed by Senator Aqil Shah. He said ,however ,there was slight headway in the matter but it did not reach to take any decision so far. He demanded of the prime minister to take interest on personal ground besides meeting the parents of the missing members to acquire first hand knowledge. ---------------------------------- Steps suggested to impeach judges ISLAMABAD, Nov 17: The PML and its allied parties on Monday approved, in principle, a comprehensive constitutional amendment package aimed at giving the parliament powers to assert its supremacy and impeach a judge, if found guilty of contempt of the parliament. The package was debated, argued for and against and approved for necessary legislation in the parliamentary party meeting summoned urgently by the Prime Minister Nawaz Sharif ahead of National Assembly's session Monday evening. The government plans to table the constitutional amendment package in either house of parliament within the next two days, possibly on Tuesday if nothing else disturbs the schedule, informed sources told Dawn. Soon after the package was approved in the parliamentary party meeting, Prime Minister Nawaz Sharif and some of his key colleagues went into a cabinet session around 10:30pm to give final touches to the proposed amendments. The heads of allied parties of the PML met for a last-minute discussion on the package with the prime minister immediately after the parliamentary party meeting. Informed sources told Dawn that the constitutional amendment package was considered by the parliamentary party, the cabinet and at the meeting of the PML and heads of its allied party. They reportedly said it was the sole way out to "deliver the nation of this period of turmoil, forced upon them unnecessarily." According to the proposed constitutional amendment package, any constitutional amendment, when approved by the parliament, would not be challenged in any court including the Supreme Court of Pakistan. Further, the package confers on the parliament the powers to issue a show-cause notice to any judge, if he is found guilty of contempt of parliament. Moreover, the parliament will have the powers to impeach the judge. The package adds that no court - and that includes the Supreme Court - would have the powers to suspend the amendments adopted by the parliament. According to the bill, if any court had already suspended any constitutional amendment as carried by the parliament, that particular amendment would stand restored with the passage of the constitutional amendment package. The PML sources said while the MNAs were still engaged in discussion, the prime minister left the Parliament House for a final meeting with the heads of allied parties and the cabinet colleagues. He remained busy in the discussions for half an hour. As he came out of the parliamentary meeting, the prime minister hinted at the possibility of the parliament asserting its authority to take control of the prevailing situation. When asked if the government would use its heavy mandate and assert its authority to calm down the current situation, the prime minister said, "We have been using our heavy mandate for the good of the country and we will use it again whenever needed." Prime Minister Nawaz Sharif, in his brief press talk, said with reference to the government-judiciary row: "We have been using our mandate for constructive and positive purposes but the attention of the government has unfortunately 'shifted' to other problems." He sounded deeply concerned over the setback to Pakistan's economy owing to the prevailing situation when he said, "This has jolted the economy and is continuing to further knock it." Prime Minister Nawaz Sharif said the government wanted to solve the ongoing problem through mutual understanding as was indicated by his statement in the Supreme Court on Monday. He said he had briefed the parliamentary party on the latest situation and the future line of action. Asked if he planned to bring changes in his legal team, the prime minister said this was not the issue in question at present. ---------------------------------- National Assembly amends Contempt Act Midnight bill to preempt SC verdict against PM; bill to be enforced from Nov 1; opposition, independents walk out ISLAMABAD: Just after 01:00 am early Tuesday morning, the National Assembly adopted a government sponsored bill to amend the Contempt of Court Act (1976), with retrospective effect. The move is being seen as an attempt to preempt any adverse Supreme Court judgement against Prime Minister Nawaz Sharif and others in a contempt of court case. The new law, titled Contempt of Court (Amendment), Act, 1997, provides for an intra-court appeal before a "larger bench consisting of all the remaining available judges of the court within the country." This right of intra-court appeal relates to "issuance of a show-cause notice or an original order including an interim order passed by a bench of the Supreme Court in any case" as well as all pending cases of similar nature. The new law is very clear when it says that the bench will consist of all available judges except those who had passed the contempt order. The bill says if "the impugned show-cause notice or order has been passed by half or more of the judges of the court, the matter shall, on the application of an aggrieved person, be put up for re-appraisal before the full court." The bill further adds that "the operation of the impugned show-cause notice or order shall remain suspended until the final disposal of the matter in the manner hereinbefore provided." The law was passed in the National Assembly by simple majority and came only hours after Prime Minister Nawaz Sharif declined to tender an apology in the Supreme Court in a contempt case against him and others on Monday. The bill was moved by Minister for Parliamentary Affairs Yasin Wattoo. The Bill will be enforced from a retrospective date of Nov.1. Opposition leader Benazir Bhutto opposed the bill saying that this would lead to further division of the higher judiciary. Doubting the intentions of the treasury, Bhutto termed the bill mala fide and all her party members voiced against the passage of the amendment in the act. The officials, however, claimed that they had taken the leader of opposition in confidence about the legislation. A group of independent MNAs, led by Ch Danyal Aziz who criticised the bill on the floor of the house, staged a walk-out against the amendment. Several drafts of the new law were prepared and NA proceedings had to be delayed for several hours till the government was able to at last table the final draft which was adopted by the house soon after midnight. The bill will now go to Senate on Tuesday (today) before being sent to the president for his assent. This legislation relates Article 204 (3) of the Constitution which deals with contempt of high courts and Supreme Court. A senior lawyer told The News that the bill is aimed at removing anomalies in the existing law. "An anomaly in the old law was that if contempt was committed with respect to a high court, there was room for an intra- court appeal. But if the contempt was against the Supreme Court then the person did not have the right of appeal--as the prime minister also soon realised." Citing another example, he said,"In 1989, in a Secretary Ministry of Defence versus General Public case, it was realised that there was no constitutional right of appeal under the Military Act. This aspect of the act was challenged before the Federal Shariat Court in 1988 which declared that the said law ultra vires and against the injunctions and principles of Islam. "This decision was challenged before the Shariat Appeal Bench in 1989 and a five-member Supreme Court bench had ordered necessary amendments to be carried out by a specific date." Some of the treasury members told The News that it was about time that the parliamentarians took precautionary measures to protect themselves. "After all, the president, the governors (who are indirectly elected) and the militarymen, all enjoy immunity from court appearances. This law will not only benefit parliamentarians but also the people at large who have been charged with contempt," explained a cabinet member. ---------------------------------- Police, PML-N workers clash outside SC ISLAMABAD: Hundreds of PML-N enthusiastic workers and activists accorded a warm welcome to Prime Minister Nawaz Sharif as he came out of the Supreme Court after attending the hearing of contempt of court case on Monday. Slogan-chanting PML-N workers raised the prime minister on shoulders, clapped and shouted slogans in his favour. He got out of his car and thanked them. After the departure of the prime minister the riot police had to resort to baton charge on the crowd outside the court as a result of which at least 10 workers suffered injuries and bruises. Sardar Nasim, a local PML-N MPA who was among the workers, suffered bruises when they were pushed back by the police. Nasim condemned the police action and later he registered his complaint to the prime minister. ---------------------------------- Scuffle during tea-break ISLAMABAD, Nov 18: Mr Akram Sheikh, out-going president of SCBA, appearing in this case as a 'friend of the court' (amicus curiae) was beaten up in the Supreme Court premises by Khawaja Asif, Chairman, Privatisation Commission, who is one of the accused in this case. At tea break (11.30 am) Khwaja Asif and Akram Sheikh exchanged harsh words which got converted into a full fledged fight. According to eye witnesses, Kh. Asif retaliated when Mr Sheikh started abusing him. Later it transpired that Kh. Asif had dubbed Mr. Sheikh as a tout of the Chief Justice of Pakistan. Akram Sheikh, however, informed the court that he had forgiven Kh. Asif and would not file any case against him. The court however asked him to provide, in writing, what had transpired. ---------------------------------- Allied parties vow support for Nawaz ISLAMABAD: The allied parties of the government in the parliament have reiterated their support to the government for the supremacy of the parliament. This assurance was given by the allied parties during the joint parliamentary meeting of the PML and its allies here at the Parliament House on Monday, which was presided over by Prime Minister Nawaz Sharif. The meeting was attended by 174 MNAs and more than 58 senators, sources said. The joint parliamentary meeting was also attended by Nawab Akbar Bugti (JWP), Abdul Rahman of FATA, Syed Jawad Hadi (TJP), Ajmal Khattak and Asfandyar Wali (ANP), Maulana Abdus Sattar Khan Niazi (JUP), Prof. Sajid Mir (Jamiat Ahle Hadith), Nasreen Jalil (MQM), Hasil Bizenjo (BNP) and all the four provincial chief ministers. According to sources, the prime minister took the parliamentarians into confidence about his statement in the Supreme Court. The prime minister, while addressing the meeting, said that he respected the judiciary and that was the reason he had appeared before the apex court on Monday. The parliamentarians praised the prime minister for his statement in the Supreme Court and re-assured him of their support. The prime minister, according to the sources, stressed that legislation was the responsibility of the parliament. Under the Constitution, the parliament could introduce any amendment and bring any law for the betterment of the people and the country, he remarked. He reiterated that all the allied parties were united to defend the supremacy of the parliament. Nawaz said that if the parliament was not strong enough then it would weaken the country. The parliamentarians who could not attend the meeting on Monday owing to various reasons are likely to reach the capital today (Tuesday). ---------------------------------- Sectarian booklet proscribed KARACHI: Sindh Home Department announced on Monday that it had banned a booklet titled 'Hakikat Mazhab Shia' published by Sipah-e-Sahaba Pakistan for containing highly objectionable sectarianism material. ---------------------------------- 'Ex-govt never used education funds allocated for Sindh' NAWABSHAH: Sindh Education Minister Qazi Khalid Ali has said that priority of the present government and department of education was ''ulitization of all available resources and funds available for the promotion of education in the province.'' He said this while addressing a big gathering of professors, lecturers and prominent citizens at a dinner arranged in his honour by the Principal Sachal Sarmast College Nawabshah, Professor M Bukhsh, on Sunday evening at a local hotel. Qazi Khalid claimed that one of the main reasons for deterioration of education was that the past government never tried to use funds allocated for Sindh in the education sector in a justified manner. "They tried to create urban-rural differences among the masses so as to spread hatred." He said during the past funds allocated for one place were unnecessarily utilised for other places on political grounds without assessing their benefit. "Hence education suffered a lot in the province." He said that under his ministership, resources and allocation, though very limited, were being used in a justified manner without any discrimination of any sort. Earlier during the day at Sakrand, Qazi Khalid Ali, while addressing as a chief guest in the NCC passing out parade of the Government Girls College, said that Rs. 50 crores were available for purchasing furniture for government educational institutions. He said that 1,270 vacant posts of lecturers in the Education Department would be filled up through the Sindh Public Service Commission very soon. ---------------------------------- Child killed in accident, body found KARACHI: A child died in a traffic accident in Sharifabad police precinct on Monday. Danish Khalid (8) was hit by a hit- and-run minibus while crossing a road in Sharifabad and died instantly. The police shifted the corpse to Abbasi Shaheed Hospital for autopsy and registered a case. Corpse found: Corpse of an unidentified man, tortured to death, was found in Korangi on Monday. Sources in Korangi police said they were informed by area residents that unidentified men threw a corpse from a car near house no: 216, 36-C Area, Korangi. Reaching the spot police team recovered the body wrapped in a sheet of cloth. Police said the deceased appeared to be about 30 and was brutally tortured by unidentified killers. Police held that the deceased seemed to be killed by an electric shock after the torture and shifted the corpse to the JPMC. ---------------------------------- One shot dead, another injured KARACHI: A man was shot dead while another was injured in different incidents on Monday. Muhammad Sarfaraz, 31, a denter by profession, was shot dead in the jurisdiction of Korangi Industrial Area police. The deceased was working at his shop in Bilal Colony when two unidentified culprits came to him and took him with them. On reaching some distance, the accused took out their weapons, shot him dead and fled away. Upon hearing the gunshots, his colleagues rushed him to the JPMC where he was pronounced dead. The police were investigating the matter. Meanwhile, Allah Bukhsh was fired upon and injured by four unknown culprits while he was going somewhere, in the Orangi Town police limits. He was rushed to the Abbasi Shaheed Hospital for medical aid. The police suspected that the incident was a result of old enmity. ---------------------------------- 15 vehicles snatched KARACHI: Cash, jewellery and other valuables were looted by armed robbers in various incidents of robberies in city on Monday while carjackers snatched 15 vehicles. Sources said armed men barged into house 56-A in Mithadar and looted Rs5,000, VCR, TV and other valuables and fled. Armed bandits looted Rs40,000 from Shakeel's medical store in New Karachi while Rs21,600 were looted by from Muhammad Imran in Baldia Town. In other incidents, 15 vehicles, including five motorbikes were snatched from different parts of the city. ---------------------------------- Police transfers and postings KARACHI: The DIG Police Karachi Range issued orders regarding transfers and postings of some inspectors on Monday. SI Iftikhar Ahmed of District West Police Lines was transferred and posted as SHO Pak Colony police station, Inspector Haji Nadeem Muhammad of Karachi Police Range was transferred and posted in CIA District Malir and Inspector Mukhtar Ahmed Khaskheli from Traffic and Highways to District South. The DIG also suspended SI Muhammad Nadeem of CIA West on the charges of negligence of his duties in case No 184/97 registered in Orangi Town police station regarding a rape. He was ordered to report to Police Lines West for further orders. ---------------------------------- Tenders invited for repair of non-existent school KARACHI, Nov 17: The education department has invited tenders for the maintenance and repair of a school which does not exist. According to an advertisement, the office of executive engineer, education works division (West), invited on Nov 7 tenders for 40 schools' maintenance and repairs. The same tender also invited offers for two colleges and three technical institutions. In this list there is a school - G.S.S.S. Intelligence Colony on Tamizuddin Khan Road - for which applications have been invited for maintenance work of Rs200,000. The tenders for the construction of this school were floated in July 1995. The total estimated amount of the project was Rs3 million and a period of 24 months was given to the prospective contractors for its completion. A provincial minister in May last year laid the foundation stone of the project. But, a visit to the project on Sunday showed that hardly plinth work of the project had so far been completed when the education department has invited tenders for the maintenance and repair of the project. In the premises where the new school is being constructed, there are already two schools for girls: a primary and a lower secondary. A number of students have to sit in verandas because of shortage of classrooms. This school, set up in the sixties, has been functioning in this settlement of over 100,000 residents for around 30 years, according to the residents present at the school site. They said there was no college, nor a secondary school for boys and girls in the area. Only one middle school is available for girls and one for boys. The middle school for girls was upgraded in 1992-93, but no building has so far been constructed. "Our children, particularly girls, suffer badly. Many of them stop their education because of non-availability of high schools and a college in this area," the residents said and added that those who wanted to pursue further studies had to go to other city areas. According to a Sultanabad Mutahidda Welfare Society official, only Rs0.193million had been released during 1995-96 on the construction of this school. It said former provincial minister Lal Bux Bhutto, who laid the foundation stone for the project last year, had announced that the remaining funds would be released soon. But, since then no further construction could take place, nor more funds were released for the project, he said. ---------------------------------- Gohar Shahi, chief of Anjuman-e-Sarferoshan-e-Islam, granted pre-arrest bail HYDERABAD: Justice Rasheed A. Razvi, the judge of Sindh High Court Hyderabad Circuit, has grated interim bail before arrest to Riaz Gohar Shahi, Chief of Anjuman-e-Sarferoshan-e-Islam (ASI) against a sum of Rs 500,000. A pandemonium was created when Riaz Gohar Shahi appeared before the single bench of the SHC for his pre-arrest bail on Monday. A large number of his followers and disciples had gathered at the court premises. He has been booked on the alleged charges of murdering a woman, Ms Amina Khatoon, who had come to him for spiritual treatment. Talking to The News, Riaz Gohar Shahi denied the charges that he was working for 'secret agencies' in the country. The ASI chief had recently toured the world and had also visited the United States. He also claims to have met Hazrat Essa (AS) and the "moon carries his picture on its surface." When asked about the party's sources of income, he said that philanthropists and his disciples bear all the expenses incurred in preaching the godly religion. He denied the rumors that he (Riaz Shahi) was Hazrat Imam Mehdi (AS) and said that the "only justification to be Hazrat Imam Mehdi was the mark on his back which can only prove his existence." To a question, Riaz Shahi said that he hated politics and termed the politicians as people working against the religion. ---------------------------------- Badr-2 to be launched next year KARACHI: Pakistan would send its second experimental satellite Badr-2 in space in the mid-1998 from a launch centre in Russia, said Dr Abdul Majid, Chairman SUPARCO. He was talking to The News, after a seminar on use of satellite remote sensing data, organised by the Pakistan Space and Upper Atmosphere Research Commission (SUPARCO) on Monday. Dr Abdul Majid said that Badr-2 had undergone its completion stages and the SUPARCO was now carrying out relevant routine tests and updating the artificial satellite. He said that a deal had been struck with the authorities in Russia for launching the Pakistani satellite in the orbit. Presently, according to an estimate, over 2050 artificial satellites are orbiting in space, hunting for vital information of scientific, economic, technical, commercial and political significance. Pakistan launched its first experimental satellite from Xichang Satellite Launch Centre in the People Republic of China on July 16, 1990, but it lost contact with the ground stations just within one month after the lift-off. About the delay in launching of Badr-2, the chairman said that due to certain unavoidable circumstances, including the non-availability of the launch vehicle, the operation had been delayed. About capability to launch satellites indigenously, Dr Majid said that it would need another $20 million. ----------------------------------