DAWN / NEWS International, Karachi 27 November 1997 Thursday 26 Rajab 1418 Altaf seeks recovery of missing workers KARACHI, Nov 26: Muttahida Qaumi Movement's chief Altaf Hussain said on Wednesday: "How can a government, which is busy day and night trying to save itself, find the missing workers?" Altaf said the party workers were arrested more than five years ago but non of them was produced in any court neither the arrest shown in official records. Addressing the family members of the missing MQM workers in the Khursheed Begum Memorial Hall via telephone from London, Mr Hussain said he could understand the pain and anguish of those whose loved ones had been missing for years. "Having gone through the excruciating experience of losing my elder brother and nephew, I can very well understand your feelings and emotions," Mr Hussain said. Replying to a child's question as to when her father would return home, the MQM chief could not control his emotions and cried while saying "If it was in my control, I would bring back your father right now." Many such moving scenes were witnessed at the emotionally charged gathering. According to a press release, Mr Hussain demanded that Prime Minister Nawaz Sharif and Chairman Senate Wasim Sajjad pay special attention for recovering the 28 missing workers. Praising the efforts undertaken by the MQM for locating and recovering the missing workers, their family members assured Mr Hussain that despite their ordeal, they had not lost courage and would continue to render sacrifices for the MQM. ---------------------------------- Petition filed against CJ for 'treason' ISLAMABAD, Nov 26: The Supreme Court on Wednesday received a petition asking the court to send a reference against Chief Justice Sajjad Ali Shah to the Supreme Judicial Council for "having committed high treason," the Registrar of the Supreme Court confirmed. A well-drafted petition filed by an unknown lawyer, Mr Asad Tariq, asked the court to void the Judicial Officers Protection Act of 1850 or any other law giving immunity to a judicial officer for being inconsistent with Article 25 of the Constitution. He further asked the court to direct the federal government to file a complaint against the chief justice for "having committed high treason." He contended that the executive-judiciary row had halted economic progress and that the initiation of contempt of court proceedings against Prime Minister Nawaz Sharif were aimed at ruining the economy. ----------------------------------------------- Supreme Court's 4-1 verdict: CJP's order upheld ISLAMABAD, Nov 27: The five member bench of the Supreme Court of Pakistan began hearing shortly before midday, a telephonic message from a senior constitutional lawyer said. The bench is headed by Chief Justice Mr. Justice Sajjad Ali Shah. It is believed that the bench was first taking up the matter arising out from an order of the Quetta bench of the Supreme Court about CJP's own status and CJP's subsequent order to suspend the operation of the said order of the Quetta bench. Earlier reports said There was no official statement about the delay in the court proceedings while various versions circulated in legal and political circles. Choudhry Mohammad Farooq, Attorney General of Pakistan, told The STAR on telephone that he was in his office but none of the judges had arrived. This was at about 10 am. He did not say anything on the subject except that the proceedings could start as soon as the judges desired. Another report said that the Chief Justice Syed Sajjad Ali Shah reached the Supreme Court building at about 11 am, which is usually tea-break, and therefore it was assumed that the court and its various benches may be in session any time after 11.30 am. Most of the leading advocates including Mr S.M. Zafar, who is representing the prime minister in the Contempt Case, could not be reached and Pakistani and foreign correspondents did not know much for certainty. According to the Cause List notified last week, the court as to take up the hearing of the petition on the 13th Amendment which the Supreme Court bench, headed by Chief Justice Sajjad Ali Shah, had earlier ordered to be suspended on the eve of the National Assembly session. The other matter, according to reports in the newspapers this morning, was about the dramatic events yesterday when the Quetta bench of the Supreme Court suspended Justice Sajjad Ali Shah from functioning as Chief Justice followed by CJP Sajjad Ali Shah's order to suspend the operation of the order of the Quetta bench on the plea that it was not even competent to register a case of that nature. The newspapers also carried other reports inter-alia stating that the government had sent a summary to the president to name Mr Justice Ajmal Mian as the Acting Chief Justice of Pakistan; President Farooq Leghari refusing to approve the summary and not passing the desired notification; and the Quetta bench likely to continue hearing of the main petition despite the CJP's order. Sources in Islamabad told The STAR that the whole situation seems to be extremely complicated, complex and ticklish and that it now seems that the truce brokered by COAS Jehangir Keramat last week had collapsed and the conflict had emerged even more strongly with a much bitter end in sight. Every single moment is critical and anything could happen, one senior parliamentarian said. However, Prime Minister Nawaz Sharif kept his official engagements and inaugurated the two-day convention of Overseas Pakistanis. In fact, he went beyond the announced scheduled and did not depart after the speech. He said he whould like to stay with the participants until the lunch break and exchange ideas with them. He did it. ---------------------------------- Leghari refuses to appoint Ajmal as acting CJ Rejects PM's advice; constitutional crisis deepens; special cabinet meeting considers situation; law ministry says Sajjad no more CJ ISLAMABAD: The constitutional crisis that began on Wednesday afternoon with the suspension order of the Quetta bench took another turn later at night when the president rejected prime minister's advice to appoint an acting Chief Justice. The prime minister had advised the president to appoint Supreme Court's Mr Justice Ajmal Mian as the acting Chief Justice. He is the senior most judge of the Supreme Court. President Farooq Leghari turned down the advice, saying he needed more time to consider it, sources in the Presidency said. The two moves followed intense lobbying in the twin cities as important people were seen visiting key offices in both Islamabad and Rawalpindi. Among them was the National Assembly Speaker who spent part of his evening in Rawalpindi. According to sources , he met the COAS. Prime Minister Nawaz Sharif returned to Islamabad late in the evening and immediately called a cabinet meeting to consider the situation. The meeting continued till late at night. PML sources said the cabinet was considering several proposals to deal with the fast unfolding situation. Now that both the Presidency and the PM House have made their moves, the initiative has again gone back to the Supreme Court. President's refusal to accept prime minister's advice to appoint acting Chief Justice has once again left the government groping for new options. Prime minister's advice to the president to appoint Mr Justice Ajmal Mian the acting Chief Justice of Pakistan came soon after the Chief Justice rejected the suspension order. A spokesman for the Law Ministry said Prime Minister Nawaz Sharif issued the advice under Article 144 of the Constitution. The prime minister was on the motorway when the Quetta bench announced its order. He heard the news at 5:30 in the afternoon and immediately called a high-level meeting. Law Minister Khalid Anwar, Minister for Provincial Coordination Chaudhry Nisar Ali Khan, a prominent lawyer Awsaf Ali, Secretary Law Mian Saquib Nisar and other legal experts attended the meeting. The advice for the appointment of acting Chief Justice was prepared at this meeting. Officials at the Law Ministry said after the suspension order of the Supreme Court's Quetta bench, Mr Justice Sajjad Ali Shah was no more the Chief Justice of Pakistan. The appointment of a new Chief Justice was now a legal requirement. The Law Ministry did not receive the copy of the CJ's order against the Quetta bench as the messenger found the offices of the ministry closed. Commenting on the Quetta bench's order, they said only the same bench and the judge who issued the original order can review it. No other bench can be formed to review it. They said the Supreme Court rules 1980 stipulate that no other judge, including the Chief Justice, has the authority to review the order. Referring to application for enforcement of fundamental rights under Article 184(3), the experts made the following points: Any registry can accept a petition under this article for hearing. This petition will have to be heard by a bench of not less than two judges. The petition can't be presented before a High Court. This article gives the same powers to the Supreme Court that a High Court enjoys under Article 199. Officials at the Law Ministry said the president has already received a copy of the order of the Quetta bench and it is now obligatory for the president to appoint an acting Chief Justice. They said that the Supreme Court's verdict of March 20, 1996, calls for the appointment of the senior most judge. Meanwhile, the National Assembly session will be held today in the evening to discuss the situation and take steps to deal with it. ---------------------------------- PM announces loan scheme for jobless youth ISLAMABAD, Nov 26: Prime Minister Nawaz Sharif on Wednesday announced a loan scheme for unemployed youth after inaugurating the motorway. The scheme entitles every unemployed youth to borrow Rs 100,000 on a personal bond. Addressing rallies at different points on the route to Lahore, the prime minister said a time had come when the nation should join hands with him to foil "all kinds of conspiracies" against the government and the country. "Important projects like motorway can only be completed if the government is allowed to work unhamperedand conspiracies are buried once and for all", he added. ---------------------------------- Nurse raped MIRPURKHAS: A trainee nurse of Civil Hospital Mirpurkhas is in a critical condition after being raped by a member of a religious party. The 20-year-old trainee nurse had gone with one Atiq-ur-Rehman who raped her and left the victim injured at the Nursing Hostel 24 hours later. Sources said in the light of victim's statement the Town Police had arrested the accused but later released him under immense pressure from the party office-bearers. SDM Mirpurkhas has recorded the statement of Civil Surgeon, RMO, and hostel incharge. ---------------------------------- Customs officer's wife shot dead KARACHI: Wife of a Customs Preventive Officer was killed while he himself and his minor son were injured in an ambush at Clifton in Darakhshan on Wednesday. Two armed men, riding a white car, intercepted and opened fire at the vehicle (GP-3974) of Sultan Mehmood, a Customs Preventive Officer, at Street 26, Khayabana-e-Mahfaz in Darakshan. The fire left Sultan's 35-year-old wife Kishwar, Sultan himself and his four-year-old son Shahzeb injured. Area people took the injured to the nearest hospital in critical condition, however, Kishwar succumbed to her wounds, while the others were being treated at the hospital. Police said the injured Sultan Mehmood stated that Nadeem Dad, Badshah Khan had attacked his vehicle due to an old enmity. He also said that Nadeem Dad, Badshah Khan, Pir Rahman and others had killed his father and uncle and injured his cousin a few years back. ---------------------------------- Lady doctor commits suicide KARACHI: A newly married lady doctor committed suicide at her residence in Defence on Wednesday. Dr Khalda Naseem, 35, after an exchange of hot words with her husband locked herself in a room of her residence C/165, Old Sunset Boulevard in Defence and hanged herself to death with ceiling fan. Her body was brought to JPMC by her husband and the area police. While revealing that Khalida had got married one month back, the police said they were ascertaining the reasons behind the suicide. ---------------------------------- New officer to probe woman's torture case KARACHI, Nov 26: The Sindh government on Wednesday appointed a new investigation officer in the Almas Khwaja case, allegedly involved in the murder of Dr Tariq Shahani, who was found dead in his Defence Garden's flat in the DHA a few weeks back. After the torture on Almas in police custody, the case has been transferred from Aarib Mahar, DSP of Airport, to Amanat Javed, DSP of Arambagh. Almas was arrested on Nov 12 at her flat (A-28) in Bhayani Heights, Gulshan-i-Iqbal, from where she was taken to the women's lockup in Quaidabad, but she was detained in the airport police station. The DSP of airport started investigation into the case. On Nov 17, Almas was produced by sub-inspector Ayaz Hussain in the court of judicial magistrate Asadullah for police remand. Instead of giving further remand the court sent her on judicial custody. Ayaz Hussain, allegedly snatched the court record from Abdul Waseh, court reader, and sought further remand from Hakim Ali Abbasi, special judge of the Anti-Terrorist Court and took Almas with him to the police station. On Nov 21, the City Courts police registered a case (70/97) on a complaint by Abdul Waseh under Sections 372, 186 and 204 PPC, but the police did not arrest Ayaz Hussain. The Pasban organization filed a petition against the police officials and Mr Abbasi in the High Court of Sindh, alleging torture of Almas and challenging the police remand given by the special judge. The coordinator of the War Against Rape has condemned the humiliation of Almas by the police. In a statement, WAR's leader said: "She was brutally tortured, scars of which are visible on her arms and face". ---------------------------------- Teenager killed by cop KARACHI: A constable fired at and killed an 18-year-old boy in the jurisdiction of Kalri police station on Wednesday. According to details, the youngster, Habib-ur-Rahman Tanoli, received two critical bullet wounds, when constable Zahid Hussain opened fire on him in Kalri police station limits after exchanging hot words. Later, the constable fled from the scene leaving him in pool of blood. Habib-ur-Rahman was being rushed to the Civil Hospital for medical aid, however, he succumbed to his wounds on his way to the hospital. Kalri police later nabbed the constable and recovered the pistol from him which was used in the incident. ---------------------------------- One injured, 15 vehicles snatched KARACHI: Armed men looted thousands of rupees, gold ornaments, electrical appliances and snatched 15 vehicles from various parts of the city on Wednesday. Besides, the bandits snatched a motorcycle and injured a man on his resistance. Two armed men barged into Tahir Raza Malik's house near Data Chowk, Sector 11-1/2, Orangi Town and on gun point ordered him to hand-over all his cash. They opened fire when Malik resisted and fled on his motorcycle (KAN-4313) leaving him in pool of blood. Armed men looted Rs11,988 in Al-Falaah; Rs30,000, gold ornaments and electrical appliances from a house in Saudabad; Rs94,000, jewellery, pistol and other valuables from a house in Orangi Town; Rs200,000 in Tipu Sultan; Rs7,500, gold ornaments, electrical appliances and a motorcycle from a house in Gulbarg; cash, jewellery and other valuables from a house in Gulshan-e-Iqbal; Rs10,000, jewellery and other valuables from a house in Jauharabad; Rs8,500 from the shop of Haider Abbas in Liaquatabad; cash, gold ornaments from another shop of Muhammad Ismail in Saudabad and cash and electrical appliances from yet another shop of Nadeem in Buffer Zone. Meanwhile, three armed men kidnapped the driver with a Honda Civic (AAV-170) car of daily Khabrain. The Resident Director of daily Khabrain, Chaudhry Muhammad Shabbir and his wife were shopping at Gul Plaza when hree armed men forced entry into the car and took away the car with the driver. ---------------------------------- BSE grants recognition to 46 schools KARACHI: The Board of Secondary Education (BSE), Karachi, granted recognition and renewal of recognition to the following 46 secondary schools of the city: New Green Academy; Muhammadi Public School; Habib Model School; Imam Hasan Askari Public School; Mount Sinai Sec School; Five Star Children Elementary Academy; Daisy Folks Sec School, Azizabad; Dawn Sec School, New Karachi; Al-Habib Sec School, FB Area; Islamia Sec School, North Karachi; Mighty Minds Academy, FB Area; Zeeshan Sec School, North Karachi; Ghazali Public Grammar School, North Karachi; Little Folk's Paradise Sec School; La-Canadian Children Academy; Rahmat Grammar Sec School; New Wood Land Sec School, Nazimabad No 2; Farah Sec School, Liaquatabad; New St Marys Foundation; Guide Line Academy, Dastagir; Muhammadi Girls Sec School; SMH Rahman High School, Orangi; Orangi Star School, Metroville; Fountain English High School, Metroville SITE; Gosha-e-Gul Public School; Meridian Comprehensive Sec School, Baldia Town; Foster Children Sec School, Orangi; Bakhshi Polaris High School, Orangi Town; Sky Hawk Public Sec School, Manghopir Road; Pakistan Secondary School; Gulistan-e-Islamia Sec School; Hill Side Public High School, Orangi; Al-Hamd Children Academy, Sher Shah Colony; Happy Children Academy, Sher Shah; Eden Park Grammar High School, SITE; Pak Bolan Public School, Hawkes Bay; Jinnah Cambridge High School, Baldia; UDC Council Sec School; All Baldia Memon Sec School, Baldia Town; Modern Public High School, Baldia Town; Children Paradise Academy, Metroville SITE; New Little Stars Boys/Girls High School, Sher Shah; Occident Grammar School, Orangi Town; Arshi Public School, Surjani Town; Ali Educational Sec School, Orangi Town; King Public School. ---------------------------------- Khatoon-i-Pakistan College to be made campus of Adamjee KARACHI, Nov 26: Khatoon-i-Pakistan Government Degree College for Women will be made a campus of the Adamjee Science College, along with some other city colleges including Lyari Degree College once the Adamjee Science College acquires the status of a university. This was stated by education minister Qazi Khalid at the annual prize distribution function of Khatoon-i-Pakistan Government Degree College on Wednesday. He criticised the role of University Grants Commission for not granting charter to Adamjee Science College. Earlier, principal of the college Tahseen Ara Rafi gave a resume of her institution's activities. She said results for arts and science faculties remained 79 and 86 per cent, respectively, during 199-97. Those who received prizes were Uzam Jabeen, Saira Ahmad, Saima Bano, Ambreen Khanum, Sayyeda Benish, Aneesa Tabusam, Sobia Usman, Faiza Farooqi and Sheeba Wajid. ---------------------------------- Job quota case SHC hears council's arguments KARACHI, Nov 26: The two petitions filed by Dr Irfan Tahir and Dr Raza Haider and 10 other doctors of the Jinnah Postgraduate Medical Centre challenging the recruitment policy of the federal government and the FPSC regarding the appointment of 50 doctors on the basis of quota system came up for hearing before a division bench of the High Court of Sindh. The bench comprising Chief Justice Wajihuddin Ahmad and Justice Raja Qureshi heard the case on Wednesday. K. M. Nadeem, counsel for the petitioners, submitted that the appointment of medical officers was being made in the JPMC through the FPSC on the basis of quota and in violation of Article 27 of the Constitution and reported judgments of the two superior courts - the Federal Shariat Court and the Supreme Court. In the petition, the petitioners have referred to an advertisement issued by the FPSC in 1995 and 1996 for the appointment of medical officers and ad hoc medical officers in the JPMC in accordance following quota assigned to different provinces. The 50 seats had been split reserving 26 vacancies for Punjab, four for Sindh (Urban) and five for Sindh (rural), six for the NWFP and one for Balochistan, two for FATA and one for Azad Kashmir. The petitioners have urged in the petition that they are already working in the JPMC with higher qualifications and experience but have been deprived of their legitimate expectations to be absorbed in the cadre of medical officers. Mushir Alam, standing counsel for the government of Pakistan filed his comments on behalf of the FPSC wherein the commission has stated that on the request of the federal government, the recruitment as per quota advertised was expedited on priority basis to overcome the shortage in the federal hospitals in Karachi and in response to the request from the ministry of health, the commission decided to finalise appointment cases on urgent basis by conducting interviews, dispensing with the requisite written tests. Abdul Baqi, counsel for the JPMC, filed his counter affidavit wherein controverting the entitlement of the petitioners to be appointed medical officers admitted that 15 such vacancies of medical officers were still available in the JPMC. Mahmoodul Hasan, counsel for some private respondents objected to the maintainability of the petitions on the ground that there was latches in filing the petitions. The federal government did not file any comment to the petitions. The court after hearing the counsel adjourned the petition to a later date simultaneously extending ad-interim order for maintaining the status quo till such a date. ----------------------------------