DAWN / NEWS International, Karachi 01 September 1997 Monday 27 Rabi-us-Saani 1418 Suo motu action integral part of judicial set-up, says SHC judge KARACHI, Aug 31: Justice Wajihuddin Ahmed, senior puisne judge of the High Court of Sindh, said on Sunday that suo motu and public interest litigation's initiated by the superior courts are the hallmark of our judicial activism. Speaking at the concluding session of the two-day seminar on "Quaid's Pakistan and the Role of the Judiciary", the senior judge said that despite the courts being overburdened with cases, suo motu and public interest litigation cases are epoch-making decision which was initiated by former chief justice Mohammad Afzal Zullah to deal with the day to day problems of the people. He said it is absolutely necessary for the curtailment of unnecessary litigation which is entirely in conformity on both sides of the bar. Justice Wajihuddin said irrespective of the consequence, even if heaven falls, it is the duty of the judiciary to administer justice according to law and the constitution. He said that one cannot conceive of any judicial system without the con-commitant presence of the bar. Pakistan he said had succeeded to a judicial system, where the superior courts in the country, unlike in Britain, did not enjoy any jurisdiction for entertaining and issuing writs. Justice Wajihuddin said while the judiciary in the country cannot be said to have fully lived up to the ideal of the Father of the Nation, it has, in a large measure, held the structure of the state together. "I have often said and face no hesitation in repeating that no judiciary in a modern state has had to combat greater adversity and more trials and tribulations than the judiciary in Pakistan", he said. The 50th anniversary of the founding of the State does not call for rituals, but is time for stock-taking of the past and resolutely gearing up energies for the future. He called upon the people to assess what they had learnt during the day and "if every one of us makes his habit, not merely on daily basis but at the end of even month, then at the end of the year and finally when one is coming to the life's end itself and see what has been lost and found, perhaps we would be better human beings." The senior judge said that a time has come when lawyers also should fashion their legal pursuits according to their convictions and convictions surely, do not change with the times and tides. "Our hopes lie in this small minority of lawyers. It is they, who will make or mar the judiciary of tomorrow and for senior lawyers, there is a corresponding duty to bring up the best from this raw talent." He emphasised that the entire judicial system owes its existence and continuity to lawyers. For its faults, if any, they are responsible as much as credit for its achievement, such as there may be, should also be their yours." Speaking on the occasion, another judge of the Sindh High Court, Justice Sabihuddin Ahmed said that the high profile cases relating to assumption of political power such as Maulvi Tamizuddin, Dosso case or any other case are not adequate yardstick for evaluating the role of the judiciary. The judge said that in Tamizuddin Khan's case, Ghulam Mohammad, the then governor general, dissolved the Constituent Assembly which was not certainly justified but the Assembly's own performance doesn't show that it was interested in protecting its own interest. He said the Assembly had become unrepresentative after elections were held in all the provinces, because it had been indirectly elected by assemblies which ceased to exist after a five-year-term. The judge said the then Constituent Assembly had amended the Government of India Act of 1935 fixing its tenure and thereby acquire perpetual power and therefore the state of democracy would not have been any different in case the federal court's ruling in favour of the Assembly or the governor general. Judiciary, Justice Sabihuddin said has given far more important decisions which were important to the people such as the administrative authority must give reasons for its decision, the court have also ruled that no body should be condemned unheard and the superior courts must have power to review administrative decisions not only on the ground that the persons deciding had no jurisdiction, but also when such decision is unjust, unfair or not in public interest. It is important for the bar, he said to identify such decisions where the parties may not be significant but the issues decided have a long term effect. Justice Haziqul Khairi, a retired judge of the SHC, in his speech criticised the appointment of judges to the Federal Shariat Court, because "there was no criteria laid down with regards to qualification and experience and also to the appellate courts." He said the Supreme Court's credibility will rest on its effectiveness on the findings on extra judicial killings and other mass killings under Article 183 (3) of the constitution. Justice Nazim Hussain Siddiqui and Justice M. L. Shahani were among those present at the seminar besides the secretary and joint secretary of the Bar Association, Mohammad Survery and Abid Zuberi. Others who spoke on the occasion were Barrister Shahida Jamil, Yawar Faruqui, Riffat Usmani, Masood Shariar, Barrister Rashid Tariq, Abdul Qadir Khan and De Cruz. -------------------------------- PPP perpetrated worst HR violations: Junaid KARACHI: Those who violated the human rights most are talking of them and 'rubbing salt into the wounds of the people' said Junaid Soomro, who heads PPP (SB) Sindh. Commenting on the constitution of Human Rights Commission by Pakistan Peoples Party in his statement on Sunday Soomro said the PPP perpetrated the worst violations of human rights in the country. Only the year 1995 witnessed the killings of 2,000 innocent people while 54 women and 40 children were engulfed by strife in the city. Soomro stated the PPP govt had awarded capital punishment to 130 prisoners in 1995 alone. "The PPP victimised its opponents at the expense of judiciary. Its govt even made the chief justice a target of its victimisation and fired his son-in-law from a govt job," he said adding: "Many prisoners lost their lives in jails, newspapers were banned and journalists were harassed. Extra-judicial killings became the order of the day and police earned millions." Counting on the misdeeds of PPP govt Soomro said: "GM Syed, Ali Hingoro and Ghulam Husain Unnar were the target of govt sponsored victimisation." He maintained that the PPP suspended the rights of minorities and churches were burnt down. The issue of women seats hanged in balance while municipal bodies remained suspended during the PPP tenure, he added. "If you are sincere with the people then start raising the curtain from the atrocities and injustice committed by Naseerullah Babar," he remarked reminding the PPP to look at its own deeds before pointing finger at others. "Talking of human rights from PPP is just like deputing wolves to guard meat," the PPP (SB) concluded. -------------------------------- FIA's jurisdiction slashed, says Shujaat LAHORE, Aug 31: Interior Minister Chaudhry Shujaat Husain said on Sunday the government had slashed the powers of the Federal Investigation Agency to save people from blackmailing and harassment at the hands of the organisation. Speaking at a press conference here, Chaudhry Shujaat said that out of the 38 functions falling within the jurisdiction of the FIA, 19 had been excluded from its purview with immediate effect. In case the performance of the agency did not show any improvement, he said he would urge the prime minister to disband it altogether. The minister said he was in favour of winding up the FIA because it had become incorrigible. But, he said, in the absence of an alternative agency to perform the functions meant for the FIA and because of certain legal hindrances, he had deferred the idea for the time being. He said the anti-corruption establishment and the Ehtesab cell of the prime minister's secretariat could take cognisance of the corruption charges against various FIA officials. The minister said the subjects withdrawn from the jurisdiction of the FIA would be given to various provincial agencies. Some of them, he said, had already outlived their utility and thus had become redundant. About the fate of the pending cases registered under the acts excluded from the FIA's domain, the interior minister said a decision in this regard would be taken by the law ministry. About the reforms to be introduced in the FIA, the minister said that in future, a team of senior officers with integrity would be posted on supervisory posts of the agency. Officers from the rank of deputy director to director-general would be held responsible for the conduct, efficiency and discipline of their sub-ordinates, he said. Chaudhry Shujaat said that in order to curb and completely eliminate the instances of harassment and blackmailing by the FIA people, the government had decided not to initiate any inquiry on the basis of some secret report by any junior FIA Officer. Similarly, anonymous complaints would not be entertained at all and only genuine complaints from identified sources would be taken up for inquiry. The minister said FIA officers would be required to fix responsibility and initiate legal action against the supervisory officers of any government department under whose control a public servant was caught by FIA on charges of corruption. In the past, only clerks, line superintendents, accountants, customs inspectors were arrested and their supervisory officers were questioned. According to Chaudhry Shujaat Husain, the FIA director general would be responsible for submitting quarterly performance report to the interior secretary about disposal of inquiries in a month. Efficient and honest officers would be encouraged through promotions and commendable services certificates. But those found involved in corruption, inefficiency and blackmailing would be subjected to severe punishment, demotion, and dismissal from service. "FIA officers found using powers for instituting criminal proceedings against public servants, businessmen or politicians by misuse of authority would be booked under the same law and put on trial". The minister said any citizen being harassed by FIA staff at any level could inform him through a letter. "People going abroad face harassment from the immigration staff. To check this malpractice, all passengers leaving any port shall be given printed one page cards in Urdu and English asking them to report any hardship faced by them, its nature and its brief description. The passengers would be requested to give the name of FIA/Immigration staff as this staff has to put on the name plates while on duty. Action shall be taken against officials for being impolite or for asking any favour". Chaudhry Shujaat said procedure was being worked out whereby inquiries against citizens would not be possible unless approval from local director was obtained. The minister said the acts excluded from the jurisdiction of FIA were: Offences punishable under the Improper Acquisition of Property Regulations, 1969; offences punishable under the Registration of Foreigners Act, 1939 (XVI of 1939); offences punishable under the Withdrawal of Currency Notes (High Denomination) Regulation, 1971; offences punishable under the Federal Investigation Agency Act, 1974 (III of 1974); offences punishable under Central Excise and Salt Act, 1944 (1 of 1944); offences punishable under the Newsprint Control Ordinance, 1971 (IX of 1971); offences punishable under section 25, 25-A, 25-C and 25-D of the Telegraph Act, 1885 (XIII of 1885); offences punishable under Arms Act, 1878 (XI of 1878); offences punishable under Section 115 of the Merchant Shipping Act, 1923 (XXI of 1923); offences punishable under the Dangerous Drugs Act, 1930 (II of 1930); offences punishable under the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. No. 4 of 1979); offences punishable under the Land Regulations, 1972; offences punishable under the Land Reforms Act, 1977 (II of 1977); offences punishable under the Holders of Representative Offices (Punishment for Misconduct) Order, 1977 (President Post Proclamation Order 16 of 1977); offences punishable under MLRs or MLOs issued by the CMLA on or after 05-07-1977); offences punishable under the Representation of the Peoples Act, 1796 LXXXV of 1976); offences punishable under the West Pakistan Publication of Books (Registration and Control) Ordinance, 1969 (West Pakistan Ordinance No. XV of 1969); offences punishable under 126, 127 and 128 of the Railway act 1890 (IX of 1890); offences punishable under the Price Control and Prevention Profiteering and Hoarding Act, 1977 (XXIX of 1977) Added by SRO 1205 (1)/95, dated 05-11-1995. Chaudhry Shujaat said the acts to be retained by the FIA would be: Offences punishable under the High Treason (Punishment Act, 1973 (LXVIII of 1973); offences punishable under the Prevention of Anti-National Activities Act, 1974 (VII of 1974); offences punishable under the Explosive Substances Act, 1908 (VI of 1908); offences punishable under the Drugs Act, 1976 (XXXIX of 1976); offences punishable under the Official Secret Act, 1923 (KLI of 1923); offences punishable under the Prevention of Corruption Act, 1947 (II of 1947); offences punishable under Section 156 of the Customs Act, 1969 (IV of 1969); offences punishable under the Imports and Exports (Control) Act, 1950 (XXXIX of 1950); offences punishable under Passport Act, 1974; offences punishable under the Exit from Pakistan (Control) Ordinance, 1981 (XLNI of 1981); offences punishable under the Emigration Ordinance, 1979 (Ordinance XVIII of 1979); offences punishable under the Banking Companies Ordinance, 1962 (LVII of 1962); offences punishable under the National Registration Act, 1973 (LVI of 1973); offences punishable under the West Pakistan Arms Ordinance, 1965, (West Pakistan Ordinance XX of 1965); offences punishable under the Foreign Exchange Act, 1947 (VII of 1947); offences punishable under the Banks (Nationalisation) Act, 1975 (XIX of 1975); offences punishable under the Foreigners Act, 1946. (XXXI of 1946); offences punishable under the Foreign Exchange Repatriation Regulation, 1972; and offences punishable under the Foreign Assets (Declaration) Regulation, 1972. -------------------------------- Airport robbery: Rs 2.7m more recovered KARACHI: The Anti-Burglary and Dacoity Cell (ABDC) on Sunday arrested another accused of the airport robbery case and recovered Rs 2.7 million from him.According to reports, on a secret information, the police party raided a hideout and arrested Mazhar Shah. On his disclosure, the police recovered the looted Rs 2.7 million from him. It may be mentioned here that the police have already arrested five people in this connection and recovered Rs 3,88,15,329 in cash, 125 tolas of gold and a car, besides a cattle pen and a flat bought with the looted money. Armed men had looted Rs 55 million, including foreign currency and gold, from money changers earlier this year at the Karachi airport. -------------------------------- Two die in road mishaps KARACHI: Two men were killed and one was injured in two road accidents on Sunday. Muhammad Ashraf (25) and Rahmat (30) were injured by a hit-and-run truck on Drigh Road in Sharae Faisal police limits while they were going on a motorcycle. They were rushed to the JPMC in critical condition, however, Muhammad Ashraf died on the way. Another motorcyclist, Muhammad Room (30), was injured by a hit-and-run vehicle in Gadap. He was rushed to Abbasi Shaheed Hospital in serious condition but succumbed to his injuries. Meanwhile, Shazia (17), who had received burn wounds when a kerosine stove burst at her residence in Irani Camp in Orangi Town and admitted to Civil Hospital, succumbed to her wounds. -------------------------------- Four houses robbed, 10 vehicles snatched KARACHI: Armed men looted thousands of rupees, gold ornaments, electrical appliances and snatched 10 vehicles on Sunday. Bandits looted Rs 100,000, jewellery and valuables from a house in Darakhshan; cash, gold ornaments and electrical appliances from a house in Gulshan-e-Iqbal; Rs 50,000, jewellery and valuables from a residence in PIB Colony and Rs 160,000, gold ornaments and electrical appliances from a residence in North Nazimabad. -------------------------------- Three held after encounter KARACHI: The Mominabad police on Sunday arrested three people, after a brief encounter, allegedly involved in robbery cases. Police claimed that they recovered looted thread, worth Rs 445,000, one truck, two TT pistols and a revolver from their possessions. According to details four armed men riding a truck (KB-1592) barged into a factory at Orangi Town in Mominabad and on gun point locked all the employees in a room and looted thread and fled towards the Hawaks Bay. The employee informed the area police about the incidents, the police mobile of Mominabad chased the truck and at Hawks Bay Road after exchange of fire arrested three armed men, while an accomplice managed to escape. During the interrogation accused disclosed their name as Shair Rehman, Zubair Ali and Akhter Ali, while the identification of the escapee was not disclosed by the police. -------------------------------- Six held: jeep, cars, pistols recovered KARACHI: The Crime Investigation Agency (CIA) South police on Sunday arrested five people, allegedly involved in robbery and vehicle snatching cases. Police also claimed recovery of a Pajero jeep, four cars, gold ornaments, electrical appliances and two TT pistols from them. Having received information that some people, involved in robbery and other heinous crimes, were hiding in a house at Shirin Jinnah Colony, police of CIA South raided the place and arrested five armed men. During interrogation they said their names were Pervez, Ilyas, Muhammad Ramzan, Meraj Gul and Rahman Khan. One their disclosure police raided their hideouts and recovered a Pajero jeep, four cars, jewellery and other valuables. The Sachal police also arrested a man, allegedly involved in vehicle snatching cases and recovered a snatched jeep and a TT pistol from him. Police had spotted two people roaming in a Potohar jeep near Cattle Colony and signalled them to stop but the jeep sped away at which police chased it and arrested one of the two. The held man disclosed his name as Sikandar Ali Soomro while police did not identify the other. Police claimed that the accused admitted of having snatched the jeep from Khalil Ahmad in Defence a few days earlier. -------------------------------- 'Anti-Terrorism Act framed for victimisation' HYDERABAD: Syed Munawar Hassan, the Naib Amir Jamaat-e-Islami, said that the Anti-Terrorism Act '97 had been framed only for victimizing political opponents. "Through this Act, the law enforcers had been given a license to kill the innocent." He said this while addressing a seminar on "Who did what in the 50 years of Pakistan's independence" at the Press Club Hyderabad on Saturday night. He claimed, "Former prime minister Benazir Bhutto had handed over a list of Sikh separatists to India on the instigation of the US, and now the Pakistani Yasir Arafat (i.e. Nawaz Sharif) is going to the US to hand over a list of Kashmiri Mujahideen to Clinton. But Nawaz Sharif must remember that the masses will foil all such conspiracies."Referring to Asif Ali Zardari, he said: "The man who plundered the nation's wealth with both hands is enjoying all facilities in prison at the government's expense." Regarding the law and order situation in Karachi, Hassan said, "The culture of finding bodies in gunny bags flourishes in Karachi, but the government keeps saying 'Everything is okay'." -------------------------------- SAVE seminar: collective efforts to curb violence stressed KARACHI: Collective efforts should be launched, particularly in Karachi, to eliminate violence which leaves psychological and social effects on the victim's family and society. This was observed by the speakers at the inaugural seminar of Struggle Against Violent Environment (SAVE) held at Karachi Press Club on Sunday. The topic of the seminar was 'Murder and its consequences for individual, family and society'. Justice Rasheed Ahmed Rizvi, the chief guest, said violence and murder were highly condemnable and the youth should be apprised of their effects on society as currently mostly youth are the perpetrators and victims of violence. Rizvi pointed out that violence was increasing and criminals apprehend that they could manipulate the judiciary in their favour after committing a crime. He stressed for awarding stern punishment to the criminals but referring to public hanging, he said the Supreme Court had already declared it as inhuman. He said to eliminate violence, investigations should be made on the scientific lines as nowadays criminals were highly trained and well-equipped. Rizvi said there was no protection to the witnesses due to which no one was prepared to come forward to help the judiciary. He said the criminals were acquitted due to lack of evidence which was not the fault of the court in any way. Punishments should be given with an aim to rehabilitate the criminals but due to the system the criminals became habitual offenders, he added. He also stressed to improve the judicial system and the number of judges should be increased so that judgment could be delivered within the shortest possible time. Senior journalist Ghazi Salahuddin said the violence in Karachi had been institutionalised and its seeds had been sown by the government. He said to eliminate and check violence, tolerance and leniency should be evolved in the society. It was wrong to say that violence could be eliminated by hanging people, violence could only be controlled by educating people to tolerate criticism from each other, he observed. Referring to the extra-judicial killings, Ghazi said a Truth and Reconciliation Commission should be constituted as had been done in South Africa through which people spoke of their sins. He stressed the need to involve the youth in constructive activities so that a new culture could be evolved which would reject violence at all levels. Karamat Ali stressed on sharing the sorrows of the victim's family and collective efforts to identify the killers. He said one should examine the reasons of violence as only then one would be in a position to eliminate or control violence. President KPC Habib Khan Ghouri, City Editor The News Iqbal Jaffery, Dr Haroon Siddiqi and Abid Ali Syed, founder of SAVE, also spoke on the occasion. ----------------------------- MULTAN: Victim of doctor's negligence dies MULTAN, Aug 31: Safia Bibi, the victim of a doctor's negligence who left a piece of towel in her belly during an operation, died at the Nishtar Hospital late on Saturday night. Earlier on Saturday, the woman was operated upon by surgeons of the Nishtar who removed the towel. Ghulam Nabi, husband of the deceased, said that her wife underwent a caesarean section in the Al-Karim Clinic of Dr Zubair Malik in November last. She gave birth to a girl who could not survive. After two months, she complained of severe pain in the abdomen. Different doctors were consulted. Some diagnosed tumour and cancer. She was admitted to Nishtar Hospital where she was operated upon on Saturday. Doctors said although the towel was removed, it caused cancer in Safia's abdomen, leading to her death at the intensive care unit late on Saturday night. Meanwhile, people of Sharifpura and relatives of Safia on Sunday staged a demonstration after her burial and demanded that the doctor concerned and owner of the private clinic be arrested. Ghulam Nabi's elder brother Muhammad Younas told newsmen that Dr Zubair, owner of the Al-Karim Clinic, Shah Rukn-i-Alam Colony, had offered them Rs 20,000 to keep silent. -------------------------- Fatima's 'Whisper from the Desert' to be launched KARACHI: The Oxford University Press will market 'Whisper from the Desert' -- the first collection of poems by Fatima Bhutto -- by the end of September just after the first death anniversary of her father Murtaza Bhutto. Fatima, 14-year-old student of tenth grade at the American School in Karachi, started writing poems when she was six. Touched by the death of her affectionate uncle Shahnawaz Bhutto, Fatima remembered him in crude verse form which was corrected by her father. He also encouraged her to write poetry when she was in Syria. Murtaza was killed in a controversial police shootout near his residence in Clifton on September 20, 1996. The tragic death haunted his only daughter who once again turned her feelings and immense loss into poetry. The first death anniversary of Murtaza will be marked with different programmes in Larkana, where he was buried, and Karachi. The PPP (SB), the party he founded, has also planned to bring out 'The Life and Struggle of Murtaza Bhutto' -- a book on Murtaza's speeches and sayings. -----------------------