------------------------------------------------------------------- DAWN WIRE SERVICE ------------------------------------------------------------------- Week Ending : 10 August 2002 Issue : 08/32 -------------------------------------------------------------------
Contents | National News | Business & Economy | Editorials & Features | Sports
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CONTENTS ===================================================================
NATIONAL NEWS + Pakistan signs anti-terrorism conventions + Observers welcome, not supervisors: CEC + Serious error found in Political Parties Order + Politicians' views on package to be considered: Musharraf + EC invites parties to apply for symbols + Govt persisting with no-election offers: Benazir + No deal with Benazir, Shahbaz, says Nisar + Over 30 political parties submit papers to EC + PPP Parliamentarians set up to contest polls + Ministers must quit before polls: CEC + Consultations on packages from today + SJC not to be reconstituted + Shahbaz Sharif's return ruled out: Nisar + Shahbaz co-accused in 2 cases, says NAB + Sharifs among registered voters + Pre-poll rigging plan 'exposed' + PPP leaders claim pre-polls rigging + Govt accused of pre-poll rigging + Benazir vows to contest polls + Benazir firm to return: report + Nawaz to guide PML-N + Shahbaz elected PML-N president + Mian Azhar re-elected PML-QA president + Framework for transfer of convicts spelt out + State appeal in Pearl case being prepared + Pearl case: govt fears retrial if 4 suspects' name made public + Pearl case convicts seek transfer to Karachi + Gang-rape accused plead not guilty + Defence cross-examines Jatoi SDPO, ex-SHO: Meerwala gang-rape + Defence counsel cross-examine gang-rape victim + Chief juror also guilty, says gang-rape victim + Inquiry begins into banned groups' finances + Mansur's one deal cost $50m to exchequer + Three nurses killed in Taxila chapel attack + 3 suspects in school attack kill themselves + Six killed in attack on Murree school + Consulate reopening linked to security + US consulate in Karachi closed + Wattoo still not eligible to contest elections: Acquittal by LHC + Wattoo acquitted in two references --------------------------------- BUSINESS & ECONOMY + Bullish activity pushes index higher by 14 points + SECP, KSE row keeps market under siege --------------------------------------- EDITORIALS & FEATURES + We never learn from history-2 Ardeshir Cowasjee + Creative anarchy Pakistani style Ayaz Amir + The murder of Haji Qadir Eric S. Margolis ----------- SPORTS + PCB chief backs down on threat to Australia + Dalmiya reacts cautiously

Pakistan signs anti-terrorism conventions
By Our Correspondent

WASHINGTON, Aug 7: Pakistan has decided to sign two international 
conventions on combating terrorism that will further increase its 
commitment to fight global terror, the Pakistan embassy in 
Washington announced.

Relevant documents, signed by President Musharraf, have been sent 
to its mission in New York for signing the International Convention 
on the Suppression of Terrorist Bombings of Jan 12, 1998. Similar 
documents were also sent to the Pakistan mission in Jeddah for 
signing the OIC Convention on Combating International Terrorism.

Pakistan has taken another step towards expediting its fight 
against terrorism, says Mohammad Sadiq, the deputy chief of mission 
who is looking after the embassy in the absence of an ambassador. 
We stand by the international community in fighting this menace.

Observers say that by signing the two conventions, Pakistan has 
further committed itself to curbing cross-border militant attacks 
in the disputed Kashmir region.

It will now be bound to act against any group that uses bombing as 
a strategy to promote its political or religious goals and will 
also have to catch those who use other violent tactics for this 

Since several Kashmiri groups use such tactics, they will 
automatically become outlaws, the observers said.

The documents containing Pakistan's willingness to join the 
international convention against terrorist bombings will be 
deposited with the UN Secretary-General and those concerning OIC 
will be submitted at the General Secretariat of the Organization of 
the Islamic Conference in Jeddah. With this decision, Pakistan is 
now a party to 10 out of the 12 international instruments and the 
OIC convention on terrorism.

Observers welcome, not supervisors: CEC
By Rafaqat Ali

ISLAMABAD, Aug 7: Chief Election Commissioner Irshad Hasan Khan 
made it abundantly clear to a delegation of observers from the 
European Union that they would be welcome to observe but not 
supervise the forthcoming general elections.

"Their (observers') function is not to supervise but to observe the 
process as a whole and to form their judgement accordingly," the 
CEC told John Cushnahan, Chief Observer, European Union Electoral 
Mission to Pakistan.

The CEC said that because a large number of observers would be 
streaming in, it would not be possible for the government to 
provide any special and individual security and protocol to them, 
as the whole government machinery would be busy performing election 

The Election Commission, however, will be "very happy" to provide 
them free access to witness the election process.

The Election Commission of Pakistan was committed to acting with 
neutrality, objectivity and independence at every stage of the 
electoral process, the CEC said.

He said that electoral rolls were verified through house to house 
enumeration by a staff of more than 94,000. He said with the 
lowering of age limit for eligible voters from 21 years to 18 
years, the Commission had to undertake the exercise of registering 
voters between 18 and 21 years of age afresh.

He said the electoral rolls had already been published and made 
available in every area from August 5.

The CEC said that an Allocation of Symbols Order had been finalized 
after seeking proposals for amendments from the political parties 
and general public.

The CEC said that EC would soon formulate a Code of Conduct for the 
government-controlled electronic media - the PTV and Pakistan 
Broadcasting Corporation - to ensure that the election coverage was 
not biased in favour of any particular political party, candidate 
or leader. The proposed code, he said, would also ensure that the 
coverage on television was balanced and fair and no political party 
or leader was discriminated against.

The Election Commission, he said, was of the view that the 
incumbent governors and ministers, desirous of contesting 
elections, should leave the office before filing their nomination 

The observers for elections to the parliament and the provincial 
assemblies were normally required to pay three visits to the 

The observers, the CEC said, had a crucial role at the time of 
counting of votes. The observers shall be in a position to 
effectively determine, in their own independent judgement, whether 
the elections were free, fair and transparent, and whether the 
results reflected the wishes of the people.

Serious error found in Political Parties Order
By Arshad Sharif 

ISLAMABAD, Aug 7: A serious "typo" in the Political Parties 
Order(PPO), which was discovered only recently, is causing a lot of 
embarrassment to the government, and the "affected" parties seem to 
be sharpening their legal knives to turn the PPO on its head.

The Chief Executive Order No 18 2002 issued by President Gen Pervez 
Musharraf under the PCO 1 on June 28, 2002 says: "Whereas it is 
expedient to provide for deformation and regulation of political 
parties....the Chief Executive of the Islamic Republic of Pakistan 
is pleased to make the following (Political Parties Order, 2002) 

The order, which was drafted by the National Reconstruction Bureau 
(NRB), bears the president's signatures.

When contacted, senior NRB officials said the use of the word 
"deformation" was a typographical error, and the entire spirit of 
the order to reform the political system should be kept in mind 
while going through it. They did not say what was the word they had 
wanted to use in place of "deformation". Two of the senior 
officials who said it was a typographical error requested not to be 

The glaring "typo" in the Political Parties Order 2002, was missed 
even by the law ministry while vetting the NRB draft and then by 
the president secretariat.

(New Webster's Dictionary of the English Language Deluxe 
Encyclopaedic Edition defines deformation as a change in form, 
especially one for the worse!)

The Political Parties Order 2002, has hit the two major political 
parties for the worse. PML-N was forced to elect brother of former 
prime minister Nawaz Sharif as head of the party. As a consequence 
of the same order, the PPP formed the PPP Parliamentary Group with 
Makhdoom Amin Fahim as its head, and the self-exiled former prime 
minister Benazir Bhutto continues as PPP chairperson.

Both the parties changed their party leaders to avoid en bloc 
disqualification from the October elections under the same order.

When contacted, senior vice-president PML-N and advocate of Supreme 
Court, Syed Zafar Ali Shah told Dawn that the use of the word 
"deformation" in the order to revise, consolidate and re-enact the 
law relating to political parties amounts to an admission of pre-
election rigging in a Presidential Order and spells out the 
government's intent in very clear words.

Project Coordinator of a German donor NGO doing political advocacy 
in Pakistan, Friedrich Naumman Stiftung, Zafarullah Khan, 
questioned if the word "deformation" in the Order is a Freudian 
Slip or a confession of reality by the government. "I don't think 
it's a Freudian Slip. It is a confession of reality," he said.

An advocate of Supreme Court and Pakistan Peoples Party leader, Dr 
Babar Awan said an idea of the extent of the government's pre-poll 
rigging could be gathered from the targeted legislation which he 
added was aimed at hunting down specific political parties and 
their leaders, as also from the massive transfers in Punjab and 

Dr Awan said, unfortunately, the Supreme Court has not taken note 
of this. He said the government by doing retrospective legislation 
has violated the Constitution and the fundamental rights enshrined 
in it, according to which any law, usage, custom or tradition 
abridging or offending it is "void ab initio" and ultra-

Dr Awan said the government was adopting measures of temporary 
legislation to oust the popular leadership and to bring its own 
cronies into power.

Politicians' views on package to be considered: Musharraf
Staff Reporter

ISLAMABAD, Aug 6: President Gen Pervez Musharraf has said the views 
of constitutional experts, intelligentsia and political leaders 
will be given due consideration before proposed amendments are 

However, according to informed sources, the president told a joint 
meeting of the cabinet and the National Security Council here on 
Tuesday that major proposals like the restoration of Article 
58(2)(b) and the creation of the NSC, would not be withdrawn.

The president said he would make sure that political and economic 
reforms agenda that had been carried out during the last two-and-a-
half years was not undone by the future government.

National Reconstruction Bureau Chairman Tanvir Naqvi gave a 
briefing to the meeting about the package in the context of views, 
comments and suggestions received from various segments of society.

The meeting lasted more than six hours during which participants 
also asked questions both from the president and the NRB chairman.

The participants were of the view that bare minimum amendments 
should be incorporated in the Constitution. It was said that the 
government would withdraw many of the proposed amendments, 
including those empowering the president to appoint the prime 
minister and reducing the terms of the National Assembly and the 

The president commended the NRB authorities for formulating the 
proposals and said that without amending the Constitution, there 
was no hope of strengthening democratic institutions.

Sources said the government had not rejected the idea of including 
ministers for interior, foreign affairs and defence in the National 
Security Council.  "Since many people are talking about it, it 
could be considered to have the three ministers in the NSC," a 
source said.

The president is expected to announce the finalization of the 
amendments shortly.

The joint meeting was attended by members of the NSC, particularly 
the chairman of the Joint Chiefs of Staff Committee, the three 
services chiefs, provincial governors, special adviser to the 
president, Syed Sharifuddin Pirzada, and the attorney-general.

EC invites parties to apply for symbols
By Rafaqat Ali

ISLAMABAD, Aug 6: The Election Commission on Tuesday asked the 
political parties to apply for allocation of symbols till August 

An announcement by the EC said the political parties, which have 
held intra-party elections in accordance with the provisions of the 
PPO, are invited to make applications for the allocation of one of 
the symbols prescribed under Rule 9 of the Representation of the 
People (Conduct of Elections) Rules, 1977.

The applications shall be signed by the party leader, and they must 
reach the Secretary, EC, on or before August 12, 2002, the EC 
release said.

The application shall contain information whether the political 
party has conducted the intra-party elections as required under 
Article 12 of the PPO, 2002, and such other particulars or 
information from the party as the commission might deem necessary.

The incomplete applications or telegraphic requests would not be 
entertained. The EC stated that all those parties which had sent 
applications for allotment of symbols earlier would have to do so 

The EC made it clear that applications received after August 12, 
2002, would not be entertained.

The EC said it had finalised the Allocation of Symbols Order, 2002, 
after soliciting opinion from the political parties. It has been 
published in the official gazette on August 5. It said the 
applications for allocation of symbols shall contain the following 

(i) The list of symbols applied for in order of preference; (ii) 
symbol or symbols, if any, allocated to the political party during 
the previous elections.

Every such application shall be signed by the party leader, by 
whatever name designated, address of the head office of the 
political party, the name of its president, secretary-general and 
other office-bearers of the CEC, the numerical strength of its 
members, a copy of election manifesto, and a copy of the party 

The application shall also contain the information whether the 
party was represented by a member or members in the national 
assembly or a provincial assembly in the past. If so, the name and 
other particulars of such member(s).

Govt persisting with no-election offers: Benazir
By Ashraf Mumtaz

LAHORE, Aug 7: Former prime minister Benazir Bhutto says the 
military regime is still in contact with her and pressing the 
proposal that she should stay away from elections.

She insisted, however, that her leadership was necessary for peace 
within and peace without. "I have the experience and the team, as 
well as the popular support [needed] to build a prosperous and 
progressive Pakistan."

In an e-mail interview with Dawn, she said there had been "many 
contacts, same offer: I should stay out of the electoral contest." 
She was asked if the government had contacted her recently and 
whether there had been a new offer.

"This is the one objective they are seeking to achieve through 
legal changes and new decrees. It is making a mockery of the 
promise of fair elections by [Gen Pervez] Musharraf. More 
importantly, it is increasing the miseries of ordinary Pakistanis. 
Utility prices keep going up. Inflation is hurting the middle 
classes and unemployment is harming the youth. Democracy and 
development go together."

Ms Bhutto was asked what would be the fate of the PPP founded by 
Zulfikar Ali Bhutto after the formation of the PPP-
Parliamentarians. She said the PPP founded by Zulfikar Ali Bhutto 
continued to exist as a non-PPO party of which she remained the 
chairperson. Its role, she said, would remain the same as before: 
to build a federal, democratic and egalitarian Pakistan.

The four Ps, she said, derived power from the three Ps which would 
support the former in the general elections. The PPP, she said, had 
done its best to qualify for registration but the regime had kept 
changing the laws.

How can you contest the election for the office of the president, 
she was asked, as you are reportedly aspiring if you are not 
allowed to become prime minister for a third term, not even to 
become member of the National Assembly or Senate, the PPP 
chairperson was asked. "I am qualified under Pakistan's laws," she 
answered. "The Musharraf laws seeking my disqualification are 
violative of Pakistan's constitution."

Asked how could an election for the office of the president be held 
when there was no vacancy since the general had already got himself 
another five years, she said: "Let the issue of the parliament be 
settled first. Then, I will answer this question."

When it was pointed out that only recently she was reported to have 
said in an interview that she would be ready to share power with 
Gen Musharraf, and that her candidacy for the office of president 
seemed to be in conflict with that position, the PPP chairperson 
said: "I am asked questions by journalists and I answer them. My 
answers are consistent although the context can be different."

What, in your opinion, will be the impact on the Alliance for 
Restoration of Democracy of Shahbaz Sharif's election as president 
of the PML? How will the development affect the PPP's relationship 
with the party? she was asked.

Ms Bhutto said: "The [Sharif] family has taken a decision which the 
party has supported. We are working with the PML in the ARD and 
would continue to do so."

About the future of the ARD, she said the alliance had been formed 
to restore the democratic process in the country and would continue 
to work towards that end.

Asked who would be the PPPP's allies and rivals in the elections, 
Ms Bhutto said the military hardliners who had created the Al-
Qaeda, the Jaish-i-Muhammad and other such groups were the ones who 
had destabilized her government and would be her rivals in the 
elections. "They choose different persons and parties as a front at 
different times. Let's see who they choose now. As far as the army 
and its chiefs are concerned, I had good relations with them and 
continue to do so. It's some of the intelligence operatives and 
political class which worked with Gen Zia during the Afghan Jihad 
that oppose my leadership."

Replying to a question, she said the regime had stated it would 
hold elections and unless they stated otherwise, she would expect 
them to hold the polls on schedule.

When do you plan to return to Pakistan? she was asked, your critics 
say you will not return without a deal with the military regime.

Ms Bhutto said: "My critics have their point of view. I have 
another. I plan to contest the elections and return irrespective of 
what the regime has to say."

No deal with Benazir, Shahbaz, says Nisar
ISLAMABAD, Aug 6: Information Minister Nisar A. Memon rejected 
outright reports of any deal with Benazir Bhutto and Shahbaz Sharif 
and dismissed the impression that the government had any 
"favourites" for the October 10 polls.

"The government of President Musharraf does not believe in any 
deals," the minister stated while talking to reporters at a book 
launching ceremony here. "The government has not made any deal with 
Benazir Bhutto or Shahbaz Sharif," he said.

Memon said Benazir Bhutto and Shahbaz Sharif could return any time 
they wanted as they were citizens of this country. He, however, 
pointed out that government did not force Benazir Bhutto to leave 
the country, she went into exile on her own will. Similarly, the 
minister said, corruption cases against her were registered during 
the previous regime.

The information minister made it clear that Ms Bhutto would have to 
face cases registered against her, when she returns. "Law will take 
its own course".

About Shahbaz Sharif, the minister said he was sent abroad under an 
'arrangement' and hinted that government would take action if he 
violates that arrangement.

The minister observed that "everyone was allowed to return but the 
rule of law remains supreme and no one was above it." He also 
dispelled the impression that government had any "favourites" for 
the upcoming elections.

The minister said those holding such views might be referring to 
people who were supporting the government's policies. He said 
supporting or opposing government's policies was part of any 
political system.

To a question he said the special joint meeting of the Cabinet and 
National Security Council, presided over by the president, was held 
to review the feedback on the proposed constitutional amendments.

The meeting, he said, took stock of the views that have emerged 
after the consultative meetings the president held with political 
parties, intellectuals, academia, and others.

These proposed amendments would now be reviewed and finalized in 
the light of the feedback; the president himself would announce the 
decision. Answering a question, the minister said the political 
process continued during the three-years of the present 

Over 30 political parties submit papers to EC
By Rafaqat Ali

ISLAMABAD, Aug 5: The Election Commission received documents from 
more than 30 political parties for registration.

The parties were informed by the Election Commission officials that 
under the rules, they could submit the required documents, 
including certificates of intra-party polls, amended party 
constitutions in the light of the Political Parties Order 2002, and 
audited reports, showing their expenses, by August 12.

Secretary Election Commission, Hasan Muhammad, received the 
documents from party office-holders.

The EC, under the rules framed recently after the promulgation of 
Political Parties Order, has to be satisfied whether the 
certificates submitted by the parties, fulfilled the requirement of 
Articles 11, and 12 of the PPO. The documents would be published in 
the official gazette.

The Election Commission, under the rules, is empowered to return 
the documents if found not in conformity with the PPO's provisions.

As the office of Election Commission opened on Monday, a large 
number of office-holders of the political parties began pouring in 
to submit their party documents.

It is for the first time that the Election Commission was 
conducting such an exercise to get complete information about the 
political parties. General Ziaul Haq had attempted to register the 
political parties, but failed. The attempt was thwarted by Pakistan 
People's Party with the help of Supreme Court.

The apex court on the constitutional petition of Benazir Bhutto had 
held that asking a political party to get itself registered was 
violative of the fundamental rights of the people who were ultimate 
judge to accept or reject any party.

The parties which submitted papers on Monday, included Muttahida 
Qaumi Movement (MQM). The documents were submitted to the Secretary 
Election Commission by Aftab Sheikh, Deputy Convenor MQM, and 
Shoaib Bukhari, also deputy convenor.

Aftab Sheikh told Dawn that MQM had already submitted the amended 
party constitution, and on Monday they handed in audited report of 
its finances and intra-party polls. Dr Imran Farooq, who is in 
London, said he was the head of MQM. (Under the PPO, an absconder 
or convict could be an office bearer of any party).

Pakistan Muslim League (N) submitted documents, sans intra-party 
polls certificate, through Chaudhry Jaffar Iqbal, and Ahsan Iqbal. 
They informed the reporters outside the Election Commission House 
that intra-party polls certificate would be submitted sometime 
before August 12.

The other parties, which submitted documents for registration, are 
Pakistan Awami Tehrik-i-Inqilab, Pakistan Progressive Party, 
Mohajir Ittehad Tehrik Pakistan, Progressive Democratic Party 
Balochistan, Sindh National Front, Muttahida Majlis-i-Amal, 
Pakistan Pashthoonkhwa Milli Awami Party, Pakistan Ittehad Tehreek, 
Jamiat Ulema-i-Islam Pakistan, Balochistan National Party, Punjab 
National Front, Jamhoori Watan Party, Sunni Tehreek, Pakistan 
Muslim League (Qayyum Group), Pakistan Peoples Party (Shaheed 
Bhutto), Afghan National Party, Pakistan Worker Party, Pakistan 
Muslim League (Nazriyat Group), Jamiat-i- Ulema Pakistan (Niazi 
Group), Pakistan Muslim League (Qasim), Pakistan Jamhoori Aman 
Party, Pakistan Gharib Party, Balochistan National Democratic 
Party, Awami Hamayat Tehreek Pakistan, Tehreek-i-Jamhoriat 
Pakistan, Pakistan Workers Party, Pakistan Mazdoor Kisan Party, 
Pakistan Saraiki Party, and Musawat Party headed by film actress 
Musarrat Shaheen.

The Election Commission official was receiving the papers from the 
parties until 9 pm.

PPP Parliamentarians set up to contest polls
Staff Reporter

ISLAMABAD, Aug 5: Pakistan People's Party formed a new political 
entity, PPP Parliamentarians, in a bid to avert the imminent threat 
of losing the chance for contesting election.

The new group, which vowed to continue to seek guidance from 
Benazir Bhutto, would be headed by Makhdoom Amin Fahim. A 
relatively junior PPP member, Raja Pervez Ashraf, was elected 
PPPP's secretary-general.

The decision, which came like a bolt from the blue even for most of 
the party members, was taken at an informal meeting of some 
selected party leaders here at the PPP's central secretariat after 
receiving an e-mail message from Dubai, party sources said.

Those of the PPP leaders who were gathered here to submit a 
certificate of intra-party polls to the Election Commission were 
unaware of the move contemplated at Dubai till it was communicated 
to them at 12 noon, a source said.

It is a tactical move to avoid PPP's disqualification to contest 
elections on one symbol since the existing legal dispensation does 
not allow PPP chairperson Benazir Bhutto to hold any party office.

A party member said that the PPPP would submit the certificate of 
intra-party elections and accounts to the Election Commission 
before Aug 12, the last date for submitting those details. The 
requirement of holding elections within the party has already been 
fulfilled, he added.

Though a PPP statement reiterated Ms Bhutto's resolve to return to 
the country and contest the elections, the move cast a pall of 
doubt over her comeback in near future.

"The problem is not Benazir's return to the country, but Gen 
Musharraf's exit from politics," Information Secretary Taj Haider 
told Dawn.

Another party leader who was visibly dejected over the decision, 
said the PPP cadres were quite mature and they would accept the 
decision. Requesting anonymity, he said the party would continue 
legal fight to alter the status quo.

A party insider said that Mian Raza Rabbani, the secretary-general, 
had conveyed his inability to participate in elections. Some other 
party leaders, including Raja Shahid Zafar, who held the production 
ministry's portfolio after 1988 elections, was also not interested 
in contesting elections.

"The Pakistan People's Party has formed a separate entity called 
the Pakistan People's Party Parliamentarians to meet the 
requirements of the new decree passed by the military dictatorship. 
This is being done to meet the requirements of the new decree 
passed 48 hours before PPP unanimously elected former premier 
Benazir Bhutto as head of PPP on July 28, 2002."

The party claimed that Gen Pervez Musharraf at a corps commanders' 
meeting in April had admitted that Ms Bhutto would sweep the 
elections and that the referendum was held to avoid asking her for 

It stated that the regime had passed a number of Benazir- specific 
laws to prevent her from contesting the elections. Without 
mentioning whether she would return and when, it said "PPP and 
Mohtarma are determined that she will contest the forthcoming 

The party alleged that since the chief justice and half of the 
Supreme Court were sacked, judiciary in Pakistan had been operating 
in a "climate of coercion and terror".

The PPP said: "The Musharraf regime passed a second Benazir law 
asking all parties to register before the Election Commission in 
the hope that a new leadership could come up in the PPP. The PPP 
workers bravely resisted this move in a show of unity and 
solidarity unanimously re-elected key central office-bearers. The 
PPP was thus eligible to be registered for election purposes with 
Election Commission.

"The Musharraf regime passed a third law on Aug 2, after PPP 
concluded its elections on Aug 2. Under this law, the regime said 
that it would not register the PPP because of its head was a leader 
against whom its first absentee law was passed even if the party 
had under existing laws passed hurdle of the second decree ordering 

"The People's Party will challenge this new law before the high 
court as violative of the Constitution and the Supreme Court order.

"A group of leaders met in Islamabad today to form the PPP 
Parliamentarians. The aim of PPP Parliamentarians is to build a 
progressive and democratic society in accordance with the 
principles, philosophies and politics of Quaid-i-Azam Mohammad Ali 
Jinnah, Quaid-i-Awam Zulfikar Ali Bhutto and Quaid-i-Jamhooriyat 
Mohtarma Benazir Bhutto. Mohtarma Benazir Bhutto will the political 
guide of this new grouping although she will not hold an elective 
office in it."

Under section 5 of the Political Parties Order 2002, Ms Bhutto is 
not eligible for holding office of any political party. The 
relevant section reads: "Provided that a person shall not be 
appointed or serve as an office-bearer of a political party if he 
or she is not qualified to be, or is disqualified from being 
elected or chosen as a member of the Majlis-e-Shoora (Parliament) 
under Article 63 of the Constitution of the Islamic Republic of 
Pakistan or under any other law for the time being in force."

Ms Bhutto was convicted under section 31 of the National 
Accountability Bureau Ordinance twice on the charge that she had 
failed to appear before the accountability court, where four 
corruption cases are pending.

Ministers must quit before polls: CEC
Staff Reporter

ISLAMABAD, Aug 5: Chief Election Commissioner, Irshad Hasan Khan, 
reiterated that the sitting ministers desiring to contest the 
upcoming general elections must relinquish their offices before 
they file nomination papers.

"The principle of neutrality and impartiality demands that 
incumbent ministers seeking to contest forthcoming elections should 
relinquish their offices or they be asked to resign by the 
president well before the election day," the CEC said.

The CEC had first asked the sitting ministers to resign from the 
cabinet on July 10, after the statement of federal law minister Dr 
Khalid Ranjha that incumbent ministers aspiring to contest polls, 
were not required to resign from cabinet. The CEC repeated the same 
on Monday.

The Election Commissioner said that an incumbent minister 
contesting election would enjoy "inherent advantages" which would 
not be fair to the opposing candidate.

Consultations on packages from today
Staff Reporter

ISLAMABAD, Aug 4: President Gen Pervez Musharraf will begin 
consultations with his legal aides on Monday to take final decision 
about the proposed constitutional amendments.

The indications are that except for proposals about discretionary 
powers to dissolve the parliament, appoint the services chiefs and 
establishment of the National Security Council, majority of the 
remaining proposals would be left for the next parliament to 

Official sources told Dawn that the president would meet his legal 
aides, led by Syed Sharifuddin Pirzada, and discuss the proposed 
amendments prepared by the National Reconstruction Bureau (NRB).

It is learnt that upper hierarchy of the government was having 
second thoughts after receiving the reaction on the proposed 
amendments, which was least expected by it.

The government, sources said, had been advised by its top legal 
advisers, Syed Sharifuddin Pirzada and Attorney-General Makhdoom 
Ali Khan, that it should go for minimum possible amendments and 
should not attempt to rewrite the Constitution.

The government was also advised that the whole NRB plan of 
strengthening the federation was a flawed one, and it could not be 
attained by tampering with the consensus document.

It was pointed out that 1973 Constitution was valued not for its 
provisions, but for being a consensus document on which all the 
federating units agreed. "The 1973 constitution has attained the 
value of a covenant between the federating units," the source said.

The official sources, however, ruled out the possibility of the 
idea of the National Security Council being dropped as the 
president believes that by formalising the role of military, 
sustainable democracy could be achieved.

The proposals to change Senate's character have already been taken 
back as the old electoral college has been revived.

The sources said except for the revival of 58(2)(B), powers to 
appoint services chiefs, formation of the National Security 
Council, increase in the number of seats in the national and 
provincial assemblies, increase in the number of seats in the 
Senate, reserved seats for women and minorities to be part of joint 
electorate and some minor changes to improve the working of 
existing constitutional bodies like the Council of Common Interest, 
the National Economic Council, the remaining proposed amendments 
would be left for the next parliament.

The government was soft on the minimum educational qualification, a 
brainchild of the NRB chief Lt-Gen Tanvir Naqvi (retired), was in 
quandary as the Supreme Court had given a decision approving it.

The government, sources said, would not like to embarrass the 
Supreme Court by taking it back, which delivered the verdict on 
"merits" and not on "technical grounds."

SJC not to be reconstituted
Staff Reporter

ISLAMABAD, Aug 4: The government has decided to drop the proposal 
for the reconstitution of the Supreme Judicial Council (SJC) with 
all the chief justices of the high courts as its members, but would 
stick to the proposal allowing suo motu powers to the council to 
initiate proceedings against any judge, Dawn learnt from judicial 

The government in its second constitutional package had proposed 
that article 209 of the Constitution dealing with the SJC be 
amended to provide that instead of the two most senior chief 
justices of high courts the chief justices of all high courts be 
members of the council.

The proposal, however, was not well received by the judiciary at 
highest level, arguing that if the proposed amendment in article 
209 was carried the balance of the SJC will tilt in favour of the 
high court and the apex court would be outnumbered.

The SJC's existing Constitution is that it is headed by the Chief 
Justice of the Supreme Court, two senior most judges of the Supreme 
Court and also two senior most chief justices of high courts as its 

The proposal for empowering the SJC, to inquire into any matter 
relating to corruption or incapacity of a judge to perform his 
functions properly, at its own accord, were welcomed by all the 
relevant quarters, including the judiciary, the source said.

The third proposal that the SJC's recommendations be binding for 
action by the president was also received well.

The SJC has been part of every Constitution of Pakistan, but only 
four cases have been referred to it in the last 55 years. These are 
of Justice Shaukat Ali of Lahore High Court, Justice Ikhlaq of LHC, 
Justice Fazale Ghani and Justice Safdar Shah of the Supreme Court.

Those who have seen the judiciary closely, are of the view that the 
exception of Justice Shaukat Ali, who was accused of holding two 
offices of profit, all the remaining cases were clearly motivated 
and the purpose was not to take to clean the institution of the 
sullen faces but to target the uncompromising judges which were not 
liked by those on the helm of affairs.

The Supreme Court, in its number of judgments, held that the 
president "alone," on the advice of prime minister or the cabinet, 
could refer a case of a judge to the Supreme Judicial Council for 
holding an inquiry against him.

The Supreme Court, repeatedly turned down the requests to interpret 
article 209, which says that the president on information received 
from the "Supreme Judicial Council or from any other source," shall 
direct the SJC to inquire into the matter.

Shahbaz Sharif's return ruled out: Nisar
Staff Reporter

ISLAMABAD, July 8: Information and Media Development Minister Nisar 
Memon has ruled out the possibility of Shahbaz Sharif's return to 
the country.

"He has gone to Saudi Arabia along with about 25 other members of 
the Sharif family under an arrangement made on their request for a 
period of 10 years. "Therefore, the question of anybody's return 
from that country simply does not arise," he said.

The minister observed that in case Shahbaz Sharif chose to return 
in violation of the arrangement, he would not be allowed to enter 
the country. He recalled that sometime back Shahbaz Sharif's wife 
had come to Pakistan but she had been immediately sent back to 
Saudi Arabia.

He said there were two cases of money laundering and loan default 
against the Sharif family and added that in one case alone, 
involving Rs1.7 billion default, Shahbaz Sharif was a co-accused.

The minister said that political activities were not allowed in 
Saudi Arabia and recent statements by Shahbaz Sharif were 
indicative of the fact that he was violating the Saudi law of which 
the Saudi government would take notice. These statements, he said, 
were apparently made in desperation to secure political survival.

The minister hoped that the announcement would put to rest all 
speculations about Shahbaz Sharif's return to the country.

Benazir Bhutto, the minister pointed out, had gone abroad in self-
exile and thus could return home any time.

"She went out with the permission of the court but subsequently, 
(she) did not appear in the court proceedings despite summons, and 
thus has been declared convicted by the court," he maintained.

The minister made it clear that in case Ms Bhutto opted to return, 
she would be arrested and proceeded against in accordance with the 
law of land.

Shahbaz co-accused in 2 cases, says NAB
Staff Reporter

ISLAMABAD, Aug 6: The newly elected president of Pakistan Muslim 
League (N) Mian Shahbaz Sharif is co-accused in two cases of money 
laundering and bank default of over Rs two billion, National 
Accountability Bureau said on Tuesday.

In these two references pending at the accountability court, 
Attock, Mian Nawaz Sharif is the principal accused and all the 
directors of Hudabiya Sugar Mills and Ittefaq Foundry are co- 
accused, Prosecutor General Raja Bashir told a press conference.

In the case of Hudabiya Sugar Mills, the charge is of money 
laundering to the tune of over Rs600 million whereas in the case 
against Ittefaq Foundry, the directors are accused of bank loans 
default involving a total sum of Rs1.6 billion.

"The law will take its course," Prosecutor General Raja Bashir said 
on a question about fate of Shabaz Sharif if he returned.

A key legal functionary of the government expressed his complete 
ignorance about the agreement which the government claims it had 
signed with the Sharif family for allowing them to leave the 

"I have no knowledge about the agreement," he said on a question 
whether he was privy to the deal reportedly signed between the 
Sharif family and the government.

Raja Bashir did not rule out the possibility of Shahbaz Sharif 
being arrested in case he returned for contesting the elections.

Former prime minister Nawaz Sharif had left the country along with 
18 other family members in December, 2000, after striking a deal 
with the military government.

Sharifs among registered voters
By Ashraf Mumtaz

LAHORE, Aug 5: Can someone duly enrolled with the Election 
Commission of Pakistan be prevented from exercising his right to 
vote in the elections? In normal circumstances the answer to this 
question is in the negative.

But the answer is quite different when the voters in question are 
members of the former ruling family, of which Mian Muhammad Sharif 
is the head.

Deposed prime minister Mian Nawaz Sharif, brothers Shahbaz Sharif 
and Abbas Sharif, wife Kulsoom Nawaz, sons Husain and Hasan and 
father Mian Sharif were not enrolled in the draft lists. However, 
they were registered as voters by the revising authority. But as 
they are in exile, and the government has repeatedly stated they 
will not be allowed to come back before the completion of a term of 
10 years, they will not be able to cast their votes in the Oct 10 
elections. And since the government has already decided not to 
allow the overseas Pakistanis to cast their votes in the elections, 
the Sharifs will not be able to use their right even from Saudi 

As many as 18 members of the family were banished to the kingdom in 
December 2000 and a majority of them are eligible voters.

According to lists displayed by the Election Commission, people 
mentioned above plus Nusrat Shahbaz and capt (retd) Muhammad Safdar 
are registered voters. But the names of the mother and daughters of 
the deposed prime minister could not be traced from the lists.

Assistant Election Commissioner Khaleequr Rehman says the lists 
were put on display at various places on Monday and they could be 
seen for a week.

There are over 72 million eligible voters in the country. Of them 
more than 5.2 million were registered after the government lowered 
the voter age from 20 years to 18.

In various elections held in the past, the turnout has been varying 
between 34 and 52 per cent.

Pre-poll rigging plan 'exposed'
Staff Reporter

LAHORE, Aug 9: Munir Ahmad Khan of the Pakistan Peoples Party wrote 
a letter to the chief election commissioner, exposing what he 
called a pre-poll rigging plan.

In the Punjab, the Musharraf government had planned to support the 
king's party and provincial ministers had been allocated 34 
districts, the letter said. Copies of the letter had also been sent 
to the Common Wealth secretary-general and chief election observer 
of the European Union at Islamabad.

The ministers had been assigned different duties to ensure the 
success of government-sponsored candidates and the Punjab chief 
secretary would monitor the whole operation. The district Nazimeen 
and district coordination officers had been directed to obey the 
directions of the ministers and the chief secretary.

The letter also detailed district-wise allocation and maintained 
that education minister Akhtar Saeed had been told to look after 
Multan, Muzaffargarh, Khanewal and Rajanpur districts. Similarly, 
local government minister Hamid Saeed Akhtar would be overseeing 
Gujranawala, Sialkot, Narowal and Mandi Bahauddin districts.

Auqaf minister Mufti Ghulam Sarwar had been given Lahore, Kasur and 
Vehari districts. Agriculture minister Khurshid Zaman Qureshi had 
been assigned Lodhran, Bahawalnagar, Rahim Yar Khan and Bahawalpur. 
C&W minister Mohammad Tariq would be overseeing Okara, Sahiwal and 

Revenue minister Malik Mohammad Aslam had been told to ensure 
results in Sargodha, Mianwali, Bhakkar and Khushab whereas social 
welfare minister Shaheen Attiqur Rehman would visit Jhelum, Chakwal 
and Attock for results. Health minister Dr Mahmood Ahmad would go 
to Toba Tek Singh, Faisalabad and Jhang.

Law minister Rana Ejaz Ahmad would ensure results in Gujrat, 
Sheikhupura and Hafizabad and finance minister Tariq Hameed would 
work in Layyah, D G Khan and Rawalpindi districts.

These ministers had been assigned the duties to support candidates 
of the king's party, pressure strong candidates to join the party, 
ensure the use of development funds through the government-
sponsored candidates, ensure the working of police in the area for 
these candidates and to withdraw candidates in favour of official 

The letter further alleged that the Punjab chief secretary was 
presiding over meetings of political people in all the districts 
and pressuring district Nazimeen to join or cooperate with these 
candidates. One example was the Sargodha district Nazim who refused 
to cooperate and was summoned by the chief secretary in Islamabad.

The chief secretary was so involved that he directed his family to 
publicly announce joining the PML-Q.

In the light of the above submissions, the ARD felt that the dream 
of fair elections would not come true if the ministers and the 
chief secretary were not stopped. It was, therefore, requested that 
directions be issued to them to stop political activities. The 
chief secretary may be suspended to ensure fair elections and the 
ministers be asked to resign if they were interested in political 

PPP leaders claim pre-polls rigging
staff Reporter

ISLAMABAD, Aug 8: The European Union electoral observation mission, 
headed by John Cushnahan, called on PPP acting secretary-general 
Mian Raza Rabbani and the party's finance secretary, Ehsanul Haq 
Paracha, at the PPP central secretariat.

The PPP delegation apprised the EU mission on its apprehension that 
the forthcoming elections will not be free, fair and transparent, 
says a party press release.

In this regard, they stated that the process of pre-poll rigging 
can be categorised into three categories: rigging through politics, 
rigging through law and rigging through administration.

They cited the specific examples like rigging through politics, 
they said repeated statements of the president that Benazir Bhutto 
will not be allowed in politics, creation of the SDA, creation of 
the National Alliance, support to the PML(Q) particularly in the 
Punjab, appointment of ministers in the Sindh cabinet belonging to 
political parties, sending of non-entities as envoys of the regime, 
sitting governors and ministers contesting polls.

The PPP leaders said application of the NAB law to the mainstream 
political party, PPP, promulgation of Benazir Bhutto-specific laws, 
to prevent her from taking part in politics are examples of rigging 
through law.

They said the following Benazir-specific laws have been 
promulgated: (a) Amendment to Section 31 of NAB Ordinance whereby 
non- appearance before a court has been made a convictable offence. 
(b) Conviction by Special Courts for her non-appearance, although 
her attorney was present. (c) The qualification to Hold Public 
Office Order, 2002, restricting any person from becoming the prime 
minister more than two times. (d) Amend to the Representation of 
Peoples Act, 1976, wherein conviction for non-appearance in a Court 
has been much a disqualification for contesting elections. (e) The 
promulgation of the Political Parties Order, 2002. Proposed 
Constitutional Amendments to Article 63 that a person convicted for 
non-appearance in court cannot contest the elections.

They said that the returning officers have been empowered to reject 
candidate papers; and voter lists are being made by Nadra and not 
by the Election Commission.

Govt accused of pre-poll rigging
Staff Reporter

KARACHI, Aug 3: A former deputy-speaker of the National Assembly 
and Pakistan People's Party leader from Naushehro Feroz accused the 
government of indulging in pre-election rigging to marginalize the 

Speaking at a news conference, Syed Zafar Ali Shah said he did not 
expect the forthcoming elections to be fair and transparent because 
the government was indulging in pre-election rigging by setting up 
polling stations in the far-flung areas and away from the voters.

"It reflects the mala fide intentions of the regime and amounts to 
doctoring election results, even before they are held," he 
maintained. He alleged that despite ban on transfers and postings 
of government officials by the chief election commissioner, the 
practice was continuing.

He said the government's package and other actions were focused on 
keeping two persons - Benazir Bhutto and Nawaz Sharif - out of 
political dispensation.

He said attempt to prevent Benazir Bhutto from taking part in the 
elections because of her conviction for being absent from court 
proceedings was unfair and a mockery when Sherpao and Liaquat Jatoi 
have been allowed to take part in elections. Same is the case with 
SDA and NDA, he alleged.

He said the intention of the regime was evident from the fact that 
a person who had been disqualified for seven years has now been 
made a minister in the Sindh cabinet.

Asked if he had lost hope to win the upcoming elections, he said 
the PPP, which has the backing of the people, will not be deterred 
by such tactics and it will not leave the field open for the regime 
to subvert the will of the masses.

Syed Ghulam Mustafa Shah of Merhabpur said the regime has shifted 
polling stations in remote and the far-flung areas. In some cases, 
he added, polling station for one Deh has been set up for another.

Polling stations for women and men for the same deh have been 
located in different places, which would result in keeping the 
voters away on the polling day.

He said polling stations have been set up outside the populous 
areas with the same intentions. He also alleged that delimitation 
of constituencies was also being used to facilitate the government 
proxies and to keep the PPP out. But he said the regime's efforts 
would not be successful.

Benazir vows to contest polls
ISLAMABAD, Aug 6: The former Prime Minister Benazir Bhutto said she 
would defy a ban on her participation and contest Pakistan's 
general elections in October - even if it meant doing so from a 
prison cell.

In a telephone interview from self-imposed exile in London, the 49-
year-old told Reuters: "I am returning to contest the next 

"I would like to contend. My party wants me to contend. The people 
want me to contend. But I am being stopped by a general who seized 
power in a coup who happens to be a key ally to the West."

President Pervez Musharraf has decreed that prime ministers who 
have served twice cannot run for a third term, a move that excludes 
both ex-premiers from resuming power. They are also both 
disqualified under a rule banning people convicted of crimes.

Ms Bhutto argues that the charges of corruption against her are 
pending, and that a third hurdle - banning anyone who failed to 
turn up in court to face charges as she did earlier this year - was 
also illegal, as she was represented by her lawyer.

"He promised a fair election and he's done everything in his power 
to ensure a pre-determined result."

The Pakistan People's Party (PPP) of which Ms Bhutto is head, 
formed a new group called PPP Parliamentarians on Monday, just in 
time to meet the deadline by which parties had to complete internal 
elections to qualify for the parliamentary polls.

Benazir firm to return: report
Staff Correspondent

NEW YORK, Aug 4: Former prime minister Benazir Bhutto has 
reaffirmed her determination to return to Pakistan and participate 
in the October elections even if she is jailed by "the country's 
military dictator."

In a telephonic interview with the New York Times on Sunday, she 
said she did not think of losing in the elections, asserting: "I 
only think of winning."

Bhutto, who first revealed her decision to return earlier this year 
in an interview with Dawn, has caught the attention of 
international media, many of whose members have sought to travel 
with her to Pakistan when she returns.

The Pakistan People's Party Chairperson told the NYT that she did 
not fear returning to the country and would go back in the next few 

"Under the Constitution I can contest the election, and I plan to 
go back and contest it," she said. "He is trying to ban my 
participation in the election because most analysts say my party 
will win the new elections," she added, referring to President Gen 

As a matter of fact many Pakistani experts and writers believe that 
Bhutto's party will get a comfortable majority to head some sort of 
coalition government in Pakistan.

While she has said time and again that she was willing to share 
power with military strongman Musharraf, her overtures have been 
spurned by him.

Besides Bhutto's convictions in Pakistani courts in absentia, the 
government has promulgated ordinances which bar anyone for holding 
prime minister's office for more than two terms.

While noting noted that Bhutto might simply be bluffing, the NYT, 
however, said: "But if she does return, her arrival could put 
General Musharraf and the United States in an awkward position. Her 
Pakistan People's Party has been emerging as the most powerful 
opposition force in the coming elections."

Nawaz to guide PML-N
Staff Reporter

ISLAMABAD, Aug 4: Shahbaz Sharif, talking to the party leaders on 
Sunday here by telephone, has expressed his determination to work 
under the guidance of his elder brother Nawaz Sharif together with 
the workers of the PML-N for the safeguard and glory of Pakistan.

Shahbaz, the newly-elected party chief, told PML-N Coordinator 
Ahsan Iqbal and Secretary Information Siddiqul Farooq that the 
presidentship of the party was the custody of Nawaz Sharif, and he 
would continue to take guidance from him in running the party 
affairs and would hand this office back as soon as things turn 

Referring to the reports of Captain Safdar along with his spouse 
Maryam Nawaz's arrival in London from Jeddah en-route Pakistan, the 
sources said they were not political leaders but members of the 
family who could go anywhere and return home at their will.

So far as any plan of their accompanying Shahbaz Sharif to Pakistan 
was concerned, the sources said it was "premature" to comment on. 
However, Shahbaz Sharif during his conversation assured the leaders 
that the "nation should be ready for good news in the near future".

The party sources said the replacement of Nawaz Sharif was merely a 
formality to fulfil the requirement of the Political Parties Act 
2002 which the party was doing as a protest.

Information Secretary Siddiqul Farooq said the party had decided 
not to leave election arena for the rivals, and thus it took steps 
to fit for the registration and taking party symbol.

Shahbaz elected PML-N president
Staff Reporter

ISLAMABAD, Aug 3: Pakistan Muslim League (N) on Saturday elected 
Mian Shahbaz Sharif new party president and elevated his elder 
brother and former prime minister Mian Nawaz Sharif to a ceremonial 
position of "Quaid-i-Muslim League".

Contrary to the announcement made by the party's central working 
committee on Friday, Mian Shahbaz Sharif was elected unopposed at 
the general council meeting held at a farm house in a remote corner 
of the federal capital.

In the sweltering heat and humidity party members gathered from all 
over the country only to endorse the move planned by the party 
leaders in complete secrecy.

The overnight change in the decision of the central working 
committee is being viewed with keen interest by the political 
circles here who suspect behind-the-scene "hobnobbing," by party 
leaders with powers that be.

"Technically speaking, the position of Quaid-i-Muslim League is a 
ceremonial one, but it has much political significance," Syed Zafar 
Ali Shah told Dawn after the ballot.

Through this move the PML(N) has given a clear message to the 
military government that Nawaz Sharif and his family are still 
relevant in our politics, he said.

The forces that had been enacting black laws to eliminate PML(N) 
and Sharif family from the political arena would get the message 
loud and clear that every move aimed at ousting Nawaz Sharif or 
Sharif family from the national politics was bound to fail, he 

The message given to the government and other political forces was 
that the PML(N) was fully united under the leadership of Nawaz 
Sharif to contest the elections, he added.

Zafar Ali Shah said that provincial organizations of the party and 
the CWC expressed their full faith and confidence in the leadership 
of Nawaz Sharif and gave him the mandate to nominate anyone from 
amongst the party new president.

Raja Zafarul Haq proposed the name of Shahbaz Sharif for the post 
of president, while Saranjam Khan seconded the proposal. No other 
member submitted papers for the post hence Shahbaz Sharif was 
elected unopposed.

Earlier, Syed Zafar Ali Shah placed a number of amendments, 
including the creation of the post of Quaid-i-Muslim League, before 
the general council, which were unanimously approved by the house.

The party constitution has been amended with a view to bringing it 
in line with the Political Parties Order, 2002, Mr Shah said.

The general council also retained Raja Zafarul Haq, Saranjam Khan 
and Javed Hashmi as the chairman, secretary-general and senior 
vice-president respectively. They were also elected unopposed.

Mian Azhar re-elected PML-QA president
Staff Reporter

ISLAMABAD, Aug 3: Mian Azhar was re-elected as PML-QA president 
with an overwhelming majority in the intra-party elections marred 
by the allegations of irregularities in the preparation of general 
council members' list.

Ijazul Haq, the only challenger, did not turn up at the polling 
venue nor any of his supporters came to attend the event.

When asked about boycott from Ijazul Haq, party Chief Election 
Commissioner Chaudhry Shujaat Hussain said: "He had promised in his 
conversation by telephone to reach by 11am, but he never came for 
unknown reasons".

Against the backdrop of controversy emerging on Ijazul Haq's 
candidature and fears of disruption or disorder, the polling went 
smooth as no untoward incident took place.

There were complaints of irregularities in the list of voters as 
many of those present in the PML House were allowed to cast their 
votes irrespective of his name on the list, eye witnesses said.

Chaudhry Shujaat said Azhar polled 493 votes as against his arch 
rival Ijazul Haq's 17 votes out of 523 total polled from a list of 
706 members of the general council with 13 having been rejected.

The new entrant Iftikhar Gilani was elected senior vice-president 
along with Majeed Malik. The party also elected Zafarullah Jamali 
unopposed from Blochistan as party secretary-general with 29 vice-
presidents and 21 joint secretaries while Syeda Abida Hussain 
retained the office of information secretary.

Tariq Badruddin Banday was elected as the finance secretary, Azeem 
Chaudhry as organising secretary, Sikandar Hayat Malhi as secretary 
overseas with an 80-member central executive committee.

Framework for transfer of convicts spelt out
By Faraz Hashmi

ISLAMABAD, Aug 3: The government promulgated an ordinance laying a 
legal framework for repatriation of foreign nationals convicted in 
Pakistan and Pakistani citizens convicted abroad.

The ordinance issued laid down a procedure for filing of a request 
by foreign convicts imprisoned in Pakistan and Pakistani citizens 
serving sentences in other countries, which have an agreement with 
Pakistan for the mutual transfer of offenders.

The new law would facilitate transfer of several hundred foreign 
citizens recently taken into custody while entering Pakistan from 
Afghanistan in the wake of US-led operations against terrorism.

Pakistan's border security agencies have reportedly arrested over 
300 foreign nationals mainly from Pakistan-Afghanistan border since 
the launching of war against terrorism.

Under the new law, a competent authority which would be secretary 
interior can make a request for the repatriation of foreign 
convicts to their respective governments.

The foreigners imprisoned in Pakistani jails can also make a 
request through the competent authority for their transfer to their 
respective country.

Before the transfer of any foreign criminal back to his country of 
origin, the government would inform him in writing, in his own 
language or a language he understands of the effects and 
consequences of such transfer.

The competent authority after completing the procedure would issue 
a warrant to the respective provincial inspector general of prisons 
for handing over the offender to the person authorized to receive 
and deliver him to the specified country.

The ordinance provides that any Pakistani citizen convicted abroad 
on his transfer would have to complete his term as imposed on him 
by the court of the country where he had committed the crime.

The law has not limited the powers of the president to grant pardon 
or remission of sentence to any offender under Article 45 of the 
Constitution or by any other authority under any law of Pakistan. 
However, the offender of Pakistani citizenship on his return cannot 
file any appeal or revision against the sentence awarded to him in 
the foreign court.

State appeal in Pearl case being prepared
Staff Reporter

KARACHI, Aug 5: The Advocate-General Sindh, Raja Qureshi, said on 
Monday that "at the appellate stage we have a good case to defend 
against conviction of Ahmed Omar Shaikh and in favour of 
enhancement of sentence of his three accomplices" in the Daniel 
Pearl case.

He said: "Despite attempts to nullify what the prosecution achieved 
at the trial stage, as a chief law officer of the province, I am 
back on the opening day of the High Court to prepare for the 
appeals which are fixed for pre- admission hearing on Aug 13."

He said being aggrieved and dissatisfied with the judgment 
pronounced by the ATC judge at Hyderabad in Special Case No 26/02, 
the state had filed the appeal in the Sindh High Court for 
enhancement of sentence of Fahad Naseem, Syed Salman Saqib and 
Shaikh Muhammad Adil, who were convicted and sentenced under 
section 7 of the Anti-terrorism Act of 1997 to suffer imprisonment 
for life.

Mr Qureshi claims that "overwhelming incriminating evidence has 
actually come on record" in respect of the above-mentioned three 
persons who have been awarded a lesser punishment than what is 
prescribed by law being normal punishment.

It is the case of the state that the case set up by the prosecution 
against the four accused was and is based on conspiracy, in 
furtherance of which separate acts were committed by all the four 
accused with the common intention as well as the meeting of minds, 
falling within the concept of criminal conspiracy. "Hence the 
accused would not in any manner deserve a punishment lesser to what 
has been awarded to the principal accused, Ahmed Omer Saeed 
Shaikh," the advocate-general said.

He contended that "there is evidence which establishes criminal 
conspiracy, there is evidence to establish murder in furtherance of 
the said criminal conspiracy obtained through modern devices and is 
admissible under the provisions of article 164 of the Qanoon-i-

Pearl case: govt fears retrial if 4 suspects' name made public
By Anwar Iqbal

WASHINGTON, Aug 4: Authorities in Pakistan are reluctant to 
announce the arrest of four suspects who they believe killed 
American journalist Daniel Pearl because they fear the disclosure 
at this stage may force the retrial of an earlier case in which 
four others have already been convicted, Pakistani security 
officials told Dawn.

They said all four suspects belong to the Akram Lahori group of a 
sectarian organization, Lashkar-i-Jhangvi. Their leader, Akram 
Lahori, was also arrested last month from Karachi.

"We know that they killed Pearl but we do not want to say so yet. 
We do not want a retrial of the earlier case," said a senior 
security official.

On July 15, an anti-terrorism court in Hyderabad convicted four men 
for kidnapping and murdering Pearl. Chief suspect Ahmad Omar Saeed 
Shaikh, better known as Shaikh Omar, was sentenced to death while 
three others were sent to jail for life.

According to the Pakistani anti-terrorism laws, kidnapping, helping 
kidnappers or involvement in similar terrorist activities is also 
punishable with death or life imprisonment.

"That's why we do not believe that the conviction of Omar and his 
three accomplices is unjust," another security official said. "But 
a major disclosure, like the arrest of four suspects for the 
murder, is bound to cause a retrial and we want to avoid this," he 

"The trial was already a nightmare. Throughout the trial the 
suspects kept on threatening our officers. We do not want to go 
through this again."

He said the police have collected enough evidence to prove that the 
four new suspects are responsible for killing Pearl while Omar and 
his gang carried out the abduction.

The officials described Omar and another convict, Shaikh Adil, as 
"hardened militants" but said that the two others - Salman Saquib 
and Fahad Nasim - got involved because they were related to Adil.

Now the police believe that Omar masterminded and carried out the 
abduction while Lahori and another accomplice Ataur Rahman - who is 
also in police custody now - carried out the assassination.

Police officials in Pakistan say that Lahori and his gang, which is 
also blamed for scores of targeted sectarian killings, have been 
linked to the Taliban and Osama bin Laden's Al Qaeda network.

Pearl case convicts seek transfer to Karachi
Staff Correspondent

HYDERABAD, Aug 4: The four convicts of the Daniel Pearl kidnapping-
cum- murder case have appealed the Sindh Home Department to shift 
them to the Karachi Central Prison.

The DIG, Prisons, Nawaz Hussain, confirmed that the appeals were 
received from Ahmed Omar Saeed Shaikh, Syed Salman Saqib, Fahad 
Naseem and Sheikh Adil and sent to the IG, Prisons, Sindh, Nisar 

Shaikh, Naseem and Adil have requested for their shifting on the 
ground that their appeals were in the Sindh High Court and their 
relatives had to come to Hyderabad from Karachi to see them. Saqib 
stated that he was a patient of hepatitis and was, earlier, being 
treated at the Agha Khan Hospital, Karachi. 

Gang-rape accused plead not guilty
Staff Correspondent

MULTAN, Aug 9: The defence in Meerwala gang-rape case will submit a 
list of people to whom it wants to call as witnesses before the DG 
Khan anti-terrorism court.

On the completion of statements of the prosecution witnesses (PWs), 
the judge, Malik Zulfiqar Ali, asked the defence counsel to present 
the list of witnesses if they wanted to produce them before court.

Senior defence counsel Malik Saleem requested court to give them 
(the defence) time to finalize the list. At this, the judge 
adjourned proceedings for Saturday.

Earlier, special public prosecutor Ramzan Khalid Joiya formally 
informed court that the prosecution had presented its case with the 
conclusion of the statement of Dr Fazal Hussain, SMO, Jatoi RHC, on 
Friday. This was his second appearance. Earlier, he appeared as PW1 
to verify his report regarding the potency of the four alleged 
rapists. However, he was recalled by court on the request of 
prosecution to testify his medical examination report regarding the 
Shakoor sodomy case.

Dr Fazal stated that on July 3 last he medically examined Shakoor 
at about 11:15 am at the RHC. He said though the behaviour of the 
victim was normal, there were marks of external violence on his 
body. He said signs and symptoms from external and internal 
examination of the body parts revealed that Shakoor was subjected 
to sodomy. He told court that the chemical examiner's report on 
this account (sodomy) was also positive.

When the prosecution completed its witnesses, the judge posed 
questions to the accused under section 342 CrPC, including why they 
were accused by the complainants and that why the PWs deposed 
against them.

Ten of the 14 accused, including chief juror Faiz Muhammad, pleaded 
not guilty in their replies saying they were named by the 
complainant only because they were from the Mastoi clan. Among rest 
of the accused, Fayyaz Hussain said he was arrested wrongly instead 
of the actual Fayyaz Hussain accused by the complainant who was a 
cousin of accused Abdul Khaliq.

Accused Ghulam Farid also took the same plea while claiming not 
guilty. He said he had been implicated in the case instead of 
actual accused Ghulam Farid (s/o Mehmood Mastoi) because Maulvi 
Abdul Razzaq (PW) had personal enmity with him.

Accused Ramzan Pachaar (arbitrator) said he was entrapped by Maulvi 
Razzaq whom he (Pachaar) had got expelled from the 'imamat' 
(leadership) of an area mosque for his links with the banned Sipah-
i-Sahaba Pakistan.

The main accused, Abdul Khaliq, told court in his defence through 
his counsel that after a settlement between his Mastoi family and 
Shakoor's Gujjar, his sharae nikah was solemnized with Mukhtaran 
Mai while the hand of his sister Salma had to be given to Shakoor. 
But when they (Mastois) backed out from the agreement, the Gujjar 
family lodged cases of gang-rape and sodomy against them.

Meanwhile, the judge allowed the prosecution to exhibit the July 23 
last issue of a local Urdu daily in its file. The request of the 
defence to recall Jatoi area magistrate Rana Muhammad Ashfaq was, 
however, turned down by court. The magistrate had earlier appeared 
in the court as PW7.

On the other hand, six of the seven officials of the subordinate 
staff of the judge applied for two-day leave on Friday and did not 
come to their place of duty. The judge carried out most of court 
work on Friday on his own with the assistance of a stenographer 
provided by the DCO office.

It may be mentioned that the staff of the judge had announced a 
strike for an indefinite period against what they claimed the 
'rude' attitude of the judge.

Defence cross-examines Jatoi SDPO, ex-SHO: Meerwala gang-rape
By Nadeem Saeed

MULTAN, Aug 7: Replying to defence queries, former Jatoi SHO, 
suspended inspector Nazir Babber (PW16) said he had remained 
unaware of the 'Meerwala gang-rape incident' till June 30 last when 
he came across with Mukhtaran Mai, her father Ghulam Fareed and 
others at the Jhugiwala Chowk when they were on way to the police 
station to lodge the FIR.

He said on June 22 last, the day of the incident, he had appeared 
before a court in Jampur tehsil of the Rajanpur district and 
returned to Jatoi police station at about 11pm. He claimed that 
though he had inquired about the events of the day from his sub-
ordinates, none brought to his knowledge the matter of Abdul 
Shakoor (that he was in the police station at that time).

He said ASI Iqbal was not present at the police station at the time 
of his arrival from Jampur. He said though beat incharge of 
Meerwala area SI Imam Bakhsh had paid visit to the area as part of 
his anti-dacoity patrolling, even he did not bring to his (PW16) 
notice the matter.

He said the victim had herself pointed out names of the accused 
persons to him while recording her statement. He said when he read 
out to her the statement she had recorded, Mukhtaran Mai admitted 
it correct. She only pointed out that the father name of accused 
Ghulam Farid (juror-rapist) had been recorded incorrect as Mehmood 
instead of Allah Bakhsh.

He said, however, the objection raised by Mukhtaran Mai regarding 
the father's name of accused Ghulam Farid was not recorded in 
'police karwai' (case documentation). He said he did not disclose 
the names of the persons accused by the victim to the PWs.

The PW16 gave out that Muktharan Mai had revealed that Abdul 
Khaliq, the accused, was armed with pistol but he missed to record 
this fact. But, later on he duly recorded the fact in the police 
report. The cross-examination of the statement of PW16 was under 
way when judge Malik Zulfiqar Ali put off the proceedings till 
Thursday (today).

Earlier, Jatoi SDPO Muhammad Saeed Awan deposed his statement 
before court as PW15. He said he was appointed as the investigation 
officer of the Meerwala gang-rape case on July 3 by the Dera Range 
DIG. However, later on the investigation was handed over to 
Muzaffargarh City DSP Shaukat Murtaza Malhi.

Replying to defence queries, he also claimed that no body had 
informed him about the Meerwala incident till June 30, the day when 
the case was lodged by Mukhtaran Mai after eight days of the 

He said along with the gang-rape incident he had also come to know 
about the occurrence of sodomy with Shakoor on the same date of 
June 30. He said he had directed the SHO to register a case to this 
effect (sodomy) also. He said he admitted that the sodomy was a 
heinous crime which was cognizable and non-bailable offence. He 
said when he visited the Jatoi police station on July 1, the SHO 
had yet to register the sodomy case. He said he did not bring the 
matter of the non-compliance of his orders to the notice of his 

He admitted that the address of accused Fayyaz Hussain (alleged 
rapists) was recorded by police as 'resident of Meerwala'. He said 
he did not know that whether accused Fayyaz was a resident of 
Meerwala or Rampur. He denied that the complainant had raised voice 
through press that the police had arrested an innocent person for 
having the same name.

He said it was correct that the government and the apex court had 
given the police a deadline to arrest the accused in Meerwala case. 
But, he said, it was incorrect to suggest that to comply with the 
deadline police rounded up people having identical names with the 
accused persons.

It may be mentioned that at the start of the Meerwala gang-rape 
case hearing, the prosecution had announced a list of 27 witnesses. 
However, later on the prosecution on two different occasions 
requested court to drop some 11 PWs from the list of witnesses.

The judge gave up six PWs, including victim's father, but the 
remaining five witnesses including Muzaffargarh district Nazim 
Sultan Hinjra could not be allowed to be dropped and instead their 
statements were recorded and cross-examined as court witnesses.

Meanwhile, defence lawyers - Malik Saleem, Yaqoob Khan and Yasir 
Khosa - had filed an application under Section 540 CrPC for the re-
examination of area magistrate Rana Ashfaq who recorded statements 
of the complainants under section 164 CrPC. The judge will decide 
the matter on Thursday (today).

The ATC judge also issued bailable warrants of the Jatoi police 
station incharge, inspector Abdul Lateef Chandia, on Wednesday for 
his absence from court despite being directed to remain present 
during the proceedings.

Defence counsel cross-examine gang-rape victim
By Nadeem Saeed

DERA GHAZI KHAN, Aug 5: The defence in the Meerwala gang-rape 
cross-examined the victim at the DG Khan anti-terrorism court. 

Mukhtaran Mai, the victim, had recorded her brief statement with 
the court on Saturday.

Replying to defence counsel, she said that she did not say to the 
police that arbitrators of both sides had unanimously decided to 
settle the matter between her Gujjar family and the Mastois through 
'exchange marriages'.

She said she told the police that arbitrators from her side 
(Gujjars) had proposed 'exchange marriages'. She denied telling 
police that it was the 'akath' (gathering) representing both sides.

She said in fact it was the 'akath' of Mastois where the 
arbitrators from her (Gujjar) side had gone to propose the 
'exchange marriages'. Here defence counsel Malik Muhammad Saleem 
urged court to take on record the word 'akath'. The judge, Malik 
Zulfiqar Ali, observed that the FIR was the basis of the case and 
that importance of each sentence would be discussed clearly.

The defence counsel argued that the FIR was not a substantive piece 
of evidence and had no evidentiary value in itself except 
confrontations, contradictions and omissions.

Mukhtaran Mai maintained that Abdul Khaliq, Ramzan Pachaar and 
Ghulam Farid had cast away the proposal of 'exchange marriages' and 
demanded 'a rape for a rape'. She said she did not tell the police 
that the rest of 'akath's participants had opposed the demand of 'a 
rape for a rape'. She said there was no truth in it that she did 
not mention before the area magistrate (while recording her 
statement under section 164 of CrPC) the 'siasi' (political) and 
'duniavi' (ostentatious) attitude of Faiz Muhammad (the chief 

Mukhtaran said she informed the police that Ramzan Pachaar 
(arbitrator), Faiz Mastoi and her uncle Sabir Hussain had brought 
her brother Shakoor back from the police station.

She said her brother Shakoor was 11 or 12-year-old while her one 
sister was one-and-a-half-year older than him (Shakoor) and the 
remaining two were younger than him. She said on June 22 afternoon, 
hues of Shakoor had emanated from the house of Abdul Khaliq. At 
this, she along with her mother and other womenfolk of her family 
rushed out. In the street, they came across five or six Mastois who 
alleged they had caught Shakoor red-handed committing 'ziadti' 
(rape) with Salma.

Mukhtaran Mai said later on she and her mother had brought 'Quran 
Pak' from their house and proceeded to the house of Abdul Khaliq. 
She said Khaliq along with 15/20 people was present outside his 
house. She said they begged mercy for Shakoor for the sake of the 
holy book but instead Khaliq and others hurled abuses and threats 
at them. She said Khaliq and others did not try to either drag or 
take her to his house when she and her mother were begging for 

She said she had not asked Khaliq and others to let them meet 
Shakoor to ascertain veracity of the allegation. She said, however, 
when they called their men she asked her uncle Sabir to inquire 
from Shakoor that whether he had committed 'ziadti'. But, the uncle 
told her that the police had taken Shakoor to the police station. 
At this, her mother insisted for the release of Shakoor, but, the 
uncle said he was trying to first settle the matter with the 
Mastois. At this point, the judge put off the proceedings for 
Tuesday (today).

Earlier, the defence counsel raised the issue of whether Fayyaz 
Hussain (alleged rapist) was the actual accused the complainant had 
alleged for the crime. The defence counsel told court that the 
complainant family had reportedly told the Punjab governor during 
his visit to Meerwala on July 13 last that the police had arrested 
an innocent (Fayyaz Hussain) instead of the actual accused who was 
the first cousin of accused Abdul Khaliq. But Mukhtaran Mai refuted 
that neither she nor any of her family member had ever complained 
to the governor or to the press on this account.

The judge had summoned Jatoi SDPO Saeed Awan and its former SHO 
Nazeer Baber to appear before court on Tuesday (today). The two 
police officials are on the list of prosecution witnesses.

Chief juror also guilty, says gang-rape victim
By Nadeem Saeed

DERA GHAZI KHAN, Aug 3: Mukhtaran Mai, the Meerwala gang-rape 
victim, on Saturday told the anti-terrorism court that the conduct 
of the Panchayat chief was 'siasi' and 'duniavi'.

Deposing as PW14, she was referring to the reported remarks of Faiz 
Muhammad Mastoi alias Faiza, the chief juror, which he made when 
she approached the Panchayat to seek pardon for the act of her 

She said their neighbours Abdul Khaliq and brothers suspected that 
her younger brother Abdul Shakoor had illicit relations with their 
sister, Salma. On June 22, Jamil, Punnu and Manzoor abducted 
Shakoor at noon when he was asleep under a shady tree just outside 
their house. They took him to a nearby sugar cane field and 
sodomized him.

She said her family started searching him on finding him missing. 
Soon they came to know that the Mastois had confined him in a room 
of their house along with Salma in a bid to cover their crime of 
sodomy. The matter was reported to the police who took Shakoor to 
the Jatoi police station without registering any case.

On the same day, the Mastois called a Panchayat. Maulvi Razzaq and 
Manzoor Jatoi were representing her Gujjar family while Faiza 
Mastoi, Ramzan Pachaar and Ghulam Farid were the arbitrators from 
the other side. Her elders, she said, proposed that if Shakoor had 
committed 'ziadti' (rape) then he be married to Salma and in 
exchange her hand be given to Abdul Khaliq.

She said Abdul Khaliq, Ramzan Pachaar and Ghulam Farid did not 
agree to the proposal and instead they demanded 'a rape for a 
rape'. At this, arbitrators from her family side left the 'akath' 
(Panchayat). Soon after, Ramzan Pachaar and Ghulam Farid came to 
the small gathering of her family in a mosque. They said that Fiaza 
Mastoi wanted that if Shakoor's sister came to the Panchayat to 
seek apology from the Mastois for the act of her brother the 
Gujjars would be pardoned.

On this assurance, her maternal uncle Sabir Hussain, father Ghulam 
Farid, Ghulam Nabi and Haji Altaf escorted her to the Panchayat. On 
her arrival, Abdul Khaliq caught her hand which she got released 
with a jerk. Here, Faiza Mastoi stated that the girl had come and 
now should be forgiven. But his statement was 'siasi' (political) 
and 'duniavi' (ostentatious).

Thereafter, Abdul Khaliq, Allah Ditta, Fayyaz Hussain and Ghulam 
Farid (all Mastois) dragged her to a room of accused Khaliq's house 
situated nearby and raped her in turns.

She said she cried for help and made entreaties to her tormentors 
but neither anyone from the 'akath' had come to her rescue nor the 
perpetrators showed any mercy. She was later thrown out of the 
house half-naked with only a tore shirt on her body. The 
perpetrators later threw her remaining clothes on her.

The outlaws hurled threats that if anyone tried to report the case 
he would be murdered and due to this her family could not lodge the 
case till June 30. She said there were about 200 to 250 people 
present in the Panchayat (of Mastois). She said accused Aslam, 
Allah Ditta, Ghulam Rasool, Hazoor Bakhsh, Qasim, Khalil, Nazar 
Hussain and Ghulam Hussain were also present in the Panchayat.

Aslam and others were arrested by the police for being part of the 
Mastois' Panchayat. But in the challan the police placed them in 
column two 'for want of evidence' against them. They along with the 
main accused were present in court on Saturday and the victim 
identified them.

When she completed her statement, the defence counsel - Malik 
Saleem, Yaqoob Khan and Yasser Ali Khosa - sought adjournment. The 
judge, therefore, adjourned the proceedings for Aug 5. The defence 
is likely to cross-examine her statement on the next date of 

Earlier, when court assembled to restart hearing of the Meerwala 
case at about 10.30am, the defence resumed cross-examination of 
Sabir Hussain (PW13), maternal uncle of the victim.

The PW13 said his father Ghulam Fareed and brother Hazoor Bakhsh 
had expressed no objection to the Mastois' demand that any of their 
women should come to the Panchayat to seek apology for the act of 
Shakoor. He said he did not disclose to Mukhtaran Mai that (some of 
the) Mastois were also demanding 'a rape for a rape'.

He said she was a purdah-observing lady but she was not supposed to 
be clad in 'burqa' before the Panchayat because she was seeking 
pardon (this reflects the helplessness of a family seeking pardon 
according to the Balochi custom). He said when he and Mukhtaran 
appeared before the Panchayat he pronounced that here she was to 
seek pardon from the Mastois.

He said when the perpetrators were dragging her they (males of her 
family) could not rescue her because accused Abdul Khaliq was 
hurling threats with a pistol in his hand that any body tried to 
follow them would be killed. He said even then they tried to rescue 
her, but the gathering of 200 to 250 people had held them back. He 
said he had stated this fact to the police and the area magistrate. 
He admitted that he preferred his life to his honour.

The security arrangement in and outside the ATC court were beefed 
up from Saturday as the Meerwala case entered its crucial stage 
with the recording of the statement of Mukhtaran Mai. It is learnt 
that all the security personnel had been replaced.

The judge put off the decision till Monday on the prosecution 
request to drop three more witnesses - Ghulam Farid (father of the 
victim), Ghulam Nabi and Haji Manzoor - from the list of PWs. The 
prosecution had moved the application on Friday last.

Inquiry begins into banned groups' finances
By Tahir Siddiqui

KARACHI, Aug 4: The Federal Investigation Agency is learnt to have 
initiated a thorough investigation into the financial affairs of 
all banned organisations and the Taliban across the country.

Sources in the interior ministry told Dawn that while other 
intelligence agencies were already gathering the details of bank 
accounts of the banned sectarian and Jihadi organisations, the FIA 
was assigned to locate and identify the financiers and donors of 
these organisations.

They said the FIA had started gathering details of the accounts 
maintained by Lashkar-i-Taiba, Sipah-i-Sahaba Pakistan, Harkatul 
Mujahideen, Al-Rashid Trust, Al-Badar, Saif-ul-Mujahideen, Tehreek-
i-Jafferia Pakistan and Jaish Mohammed.

The sources said each proscribed organisation had been maintaining 
several local and foreign currencies accounts with different 
nationalised and commercial banks, including Habib Bank, National 
Bank, Allied Bank, Muslim Commercial Bank and Faysal Bank.

The sources said the new assignment to the FIA, reportedly given on 
the insistence of the Federal Bureau of Intelligence (FBI) of the 
United States, was also aimed at cross-checking the data so far 
collected by other intelligence agencies in this regard.

An official of the interior ministry said the FIA was the only 
agency which had trained expert investigators to detect the 
financial and economic crime. The FIA detectives are well-versed in 
the entire local and foreign banking procedures and are capable to 
gather the micro details of the financial transactions, he said.

The official said the commercial banks circles of the FIA, which 
mainly deal with the offences in the banks and financial 
institutions, had been assigned to gather the details of the 
accounts, maintained by the proscribed outfits.

Meanwhile, the sources in the FIA said the letters, seeking 
information about the accounts, had already been dispatched to the 
concerned banks and the investigators were still waiting for the 
banks' replies.

They said the investigators had sought from the banks the 
information on the account opening forms along with the specimen 
signature cards of those operating these accounts on behalf of 
their respective organisations during a period between Feb 2000 and 
June 2002.

The sources said the photocopies of all bank instruments, such as 
checks, pay orders, demand draft and telex transfer, were also 
sought from the banks to detect the funds generating sources of the 
banned sectarian and Jihadi organisations.

Meanwhile, banking sources told Dawn some sensitive agencies had 
already obtained the information on the financial transactions of 
the banned organisations through the top officials of the concerned 
banks. At that time, the banks were told by the authorities that it 
was a policy matter and they must release the information.

They said now the banks would be reluctant to provide the required 
information to the FIA investigators, who would eventually have no 
legal cover for seeking such information from the banks.

The investigation officer can issue such order requiring production 
of any document or other thing which is in the custody of a bank or 
banker as defined in the Bankers' Books Evidence Act, 1891, and 
relates, or might disclose any information which relates to the 
bank account of any person only for the purpose of investigating an 
offence under sections 403, 406, 408 and 409 and section 421 to 424 
and section 465 to 477-A of the PPC either with prior permission in 
writing of a sessions court or a high court.

Mansur's one deal cost $50m to exchequer
By Faraz Hashmi

ISLAMABAD, Aug 6: Mansur-ul-Haq, who has been stripped of his rank 
of admiral in a single deal of purchase of three cargo ships for 
the Shipping Corporation of Pakistan caused a loss of over $50 
million to the government exchequer. These ships, which were 
purchased at a total cost of $47.14 million, higher by at least $19 
million of their market value never came to Pakistan and scrapped, 
NAB officials said on Tuesday.

NAB has so far not traced the money received by Mansur-ul- Haq and 
two other officials Javaid Ali and Mirza Ashfaq Beg of Pakistan 
Navy. "Who received what, we are still investigating," he said.

The investigations were still going on but NAB had concrete 
evidence of kickbacks and commissions in this purchase, Prosecutor 
General Raja Bashir told a press conference.

Mr Bashir said that there was no evidence of Benazir Bhutto's 
involvement who was the prime minister at that time in the ship 
purchase case.

Apart from the loss sustained by the government through the 
purchase of obsolete ships, the PNSC had to spend huge amounts on 
their repairs subsequently, he said.

In the purchase of Apolonia, which was later renamed as Sawat, the 
total estimated loss was of Rs690 million. Similarly, in the 
purchase of Ora Bhum renamed as Shalamar, the loss was of Rs677m 
and in Independent Voyager renamed as Lalazar the country suffered 
a loss of Rs483m.

He said the investigation revealed that in 1994 principal accused 
Mansur-ul-Haq, as chairman PNSC manipulated approval for the 
purchase of three ships for the corporation. Subsequently on his 
appointment as chief of Naval Staff he continued supervision of the 
purchase process of said ships and got appointed Javid Ali as the 
acting chairman of PNSC and Mirza Ashfaq Beg as director ship 

Three nurses killed in Taxila chapel attack 
By Mohammad Asghar

RAWALPINDI, Aug 9: Three nurses - and an attacker - were killed 
while 25 others injured in a terrorist attack on a chapel in the 
Taxila Christian Hospital, police and eyewitnesses said.

Some 70 to 80 worshippers, including the families of the Christian 
Hospital staff, were coming out of the chapel after taking part in 
the prayer services when two of the terrorists threw hand-grenades 
on them at 7:45am, police said.

Quoting eyewitnesses, the police said three unidentified persons, 
clad in Shalwar and Kameez and carrying handbags, were stopped by 
the security guard at the gate of the hospital.

The three men were allowed to go in after they convinced the guard 
that they wanted to see their "patient" admitted in the hospital. 
Once they had a look inside the wards, they came out and started 
moving towards the chapel. On seeing this, the guard intercepted 
them, but he was overpowered and held hostage at gunpoint by one of 
the attackers.

"One of the assailants stumbled while throwing the hand-grenades 
and was killed on the spot. His two accomplices made good their 
escape," District Nazim Raja Tariq Kiani told newsmen at the scene 
of attack.

Kiani said the worshippers, including women nurses, were stepping 
out of the chapel after the prayer services when the terrorists 

The body parts of those killed were scattered all over the place. 
The attack also caused considerable damage to the chapel building, 
with its as well as that of hospital building's windowpanes 

Aghast at hearing the grenades explode, the people from the 
surrounding areas rushed to the scene. The atmosphere was tense as 
some people, who were anxious about the welfare of their near and 
dear ones admitted to the hospital, exchanged hot words with the 
police, eyewitnesses said.

No one has so far claimed responsibility for the ghastly strike.

A police source said that one live hand-grenade, Rs20 and a packet 
of Naswar had been recovered from the body of the suspected 
terrorist. The police said it assumed that the terrorist was killed 
due to the firing by his accomplices when they were fleeing.

It is too early to say who was behind the attack, the police said. 
Security in the twin cities has been tightened after the attack.

It was the second terrorist attack on Christian community in a week 
and the fourth on a place of worship in Pakistan since the Sept 11 
terror blitz in the US. The police have started a manhunt to catch 
the culprits.

3 suspects in school attack kill themselves 
By Tariq Naqash & Zia Abbasi

MUZAFFARABAD/MURREE, Aug 6: Three persons, whom the officials 
suspected could be involved in Murree terrorist attack, blew 
themselves up with grenades in an Azad Jammu and Kashmir village on 
Tuesday after being intercepted by the locals and the police 
because of their "suspicious movements," official sources said.

The three persons, who were stated to be in late twenties or early 
thirties, were walking on the road near a small village, Khapadar, 
located along the River Jhelum, some 12kms ahead of Kohala and 
50kms south of the AJK capital, at about 2pm, the sources said.

Khapadar faces the town of Phagwari in Murree hills on the other 
side of the river. A suspension bridge over the river links the two 
sides with each other. The village has a small police post, where 
four constables and a head constable are posted.

Alarmed in the wake of Monday's terrorist attack in their 
neighbouring area, residents of the village asked the suspects to 
identify themselves, the sources told Dawn. But, they added, 
instead of doing so, the suspects ran towards the river and went 
several feet inside the water where they positioned themselves on a 

In the meanwhile, two policemen also arrived at the scene after 
being informed of the happening by the villagers. The suspects, 
speaking Urdu, had earlier been asking the villagers to let them go 
towards Muzaffarabad. But as the police arrived, they got panicky 
and suddenly took out hand-grenades from their pockets and blew 
themselves up.

Two of them were swept away by the river while the body of the 
third was recovered by a local, the sources said. However, a police 
officer claimed that the three suspects were first intercepted by 
two constables near the post who also recovered a hand-grenade from 
one of them following which they ran towards the river and blew 
themselves up there with the remaining devices in their possession.

According to DIG, Muzzafarababd police, Tahir Qayyum, the villagers 
of Khabader saw the three in suspicious condition and surrounded 
them. The villagers quoted the terrorists as saying that they had 
hand-grenades with them and that they had already accomplished an 
operation in Murree Christian School (MCS) and if they were 
hindered they will kill them also.

The villagers approached a nearby police checkpoint and narrowed 
their circle around the suspects. On sensing the danger, the three 
fastened the grenades on their bodies and blew themselves up, the 
DIG said.

The body of the third suspect was brought to Dhirkot hospital at 
9pm and a source at the hospital told this correspondent that the 
clean-shaven man was wearing a shirt, tracksuit pyjamas and 
joggers, but his face had been badly mutilated.

Senior police officials were of the view that these men could have 
connection with the terrorist attack on the Christian school in 
Murree, but avoided giving any statement without completing the 

Our Islamabad Correspondent adds: Police have taken into custody 
five persons - one of them a suspected Al Qaeda member - in 
connection with Monday's terrorist attack on Murree Christian 
School which left six persons dead and four others injured, an 
official source said.

Iftikhar Ahmed, a spokesman for Interior Ministry, when contacted, 
disclosed that the Rawalpindi police have taken five persons into 
custody from Pirwadhi in connection with the missionary school 
attack and they are being questioned.

The spokesman said: "None of the arrested persons are Arab 
nationals. However, one of them is a suspected Al Qaeda member." A 
joint army and police team aided by sniffer dogs and helicopters 
continued combing the green woods of Murree Hills on Tuesday to 
track down the terrorists who disappeared after the attack on the 

The spokesman said they had not asked any foreign agency to help 
the local law enforcement agencies in the case so far and added 
that the killing of three "terrorists" in an AJK village has 
apparently no link with Monday's terrorist attack in Murree.

Six killed in attack on Murree school
JHIKA GALI, Aug 5: Six people were killed and at least three 
wounded on Monday when masked men burst into the compound of a 
Christian missionary school in Murree and opened fire.

The Australian principal of Murree Christian School, Russell 
Morton, told Reuters two security guards, a cook and a carpenter 
were among the dead.

A receptionist, who was badly wounded in the crossfire, may also 
have died of his wounds, he said, adding that a Filipino woman, who 
was visiting her children, had been hit in the hand.

"This is a disaster for the foreign missionary community," he said 
in Jhika Gali, where the school is located just outside Murree. 
"They wanted to hit at the missionary community. What better way 
than to hit at their kids?"

THIRD STRIKE: Police said it was too soon to say who was behind the 
shooting, but it was at least the third fatal strike against a 
Christian minority target since the country began supporting the 
US-led war on terror after the Sept 11 attacks.

Reverend Saeed Javed, a pastor and father of one of the victims and 
the uncle of another, blamed terrorists. "Personally, I think this 
is a terrorist attack," he told Reuters. "Good Muslims could not do 

Khurseed Abbassi, the Mayor of Murree, told Reuters that six 
Pakistanis died - two of them Christians and four Muslims.

Blood stains could be seen in the sentry box just outside the 
school compound and around the church within its walls. Three 
guards exchanged fire for 10-15 minutes with the three intruders 
before they escaped apparently unharmed.

The assailants fired indiscriminately, hitting an empty boarding 
house, but according to witnesses, had walked past the school 
building where children were in class.

Around 150 missionary children aged six to 18 study there, 
including about 30 Americans.

CRISIS MEETING: Morton said the school was holding a crisis meeting 
to decide whether to continue classes or close down temporarily. 
The children have all been sent home.

Dozens of heavily armed soldiers milled around the scene of the 
incident and an army helicopter hovered overhead.

The gunmen opened fire just after the children had returned to 
classes after a morning break at 11.00am, Morton said.

"It is my opinion that this attack was designed to cause trouble 
for the Pakistan authorities," he said. "The school has been 
operating for 46 years and we have never had any problems with the 
local community in the past."

President Musharraf's support for the US-led campaign against Al 
Qaeda and the Taliban in Afghanistan has angered militant groups, 
who have been blamed for a string of attacks on foreign targets in 
recent months. The violence has also targeted the Christian 

A grenade attack in March killed five people in a church in 
Islamabad mainly used by foreign nationals.-Reuters

Consulate reopening linked to security
By Faraz Hashmi

ISLAMABAD, Aug 9: The United States consulate general in Karachi 
will not reopen until a "mutually agreeable" settlement on the 
consulate's security is reached.

"The US consulate general in Karachi is closed until the consulate 
and Sindh government can arrive at a mutually agreeable way to 
address the consulate's security needs without causing 
inconvenience to Karachi motorists," the secretary for cultural 
affairs, Linda Cheatham, told Dawn.

The US authorities had closed down the consulate on Monday, 
following a decision of the Sindh government to allow traffic on 
the Abdullah Haroon Road which had been partially closed after a 
car-bomb attack near the consulate on June 14.

The issue came up at the State Department's briefing in Washington 
on Monday.

The deputy spokesperson of the State Department, Philip Reeker, had 
said that the consulate closure was linked to the opening of two-
way traffic on the Abdullah Haroon Road.

Mr Reeker had said that the northbound lanes of that road had been 
closed following the June 14 car-bomb attack that had wounded many 
consulate employees and killed many innocent Pakistani bystanders.

He had also said that talks with the Sindh government had been 
going on but the consulate would remain closed until a mutually 
accepted agreement could be reached with the provincial government 
to provide security measures that would be sufficient for the 

US consulate in Karachi closed
By Qudssia Akhlaque

ISLAMABAD, Aug 5: In a sudden move the US authorities announced the 
closure of their Consulate-General in Karachi.

"The US Consulate-General in Karachi has been closed due to 
security reasons," said Linda Cheatham, the US Acting Public 
Affairs Officer, when contacted by Dawn. She did not indicate if it 
had been closed for an indefinite period.

When asked if the decision was linked to the incident in Murree she 
said: "I can't tell you more at this point." She gave a similar 
response to a question whether the instructions to shut down the 
consulate had been received from Washington.

Interestingly, the Ministry of Foreign Affairs was unaware of the 
closure till Monday afternoon. At the weekly news briefing the 
Foreign office spokesman, Aziz Ahmed Khan, when asked about it, 
said the Ministry had not been informed about it yet.

Well-placed diplomatic sources maintained that the decision to 
close the Consulate had been taken prior to the Murree incident and 
it had been prompted by some threatening calls.

"We got the news of the consulate closure before we heard of the 
Murree incident," a US embassy official told Dawn.

The US Consulate, sources said, had opened as usual in the morning 
and staff reported to work. A little later, the staff was abruptly 
asked to leave and told not to return until further instructions, 
they added.

Meanwhile, the US embassy in Islamabad and the US Consulates in 
Lahore and Peshawar would function normally, a senior embassy 
official told Dawn.

The consulate in Karachi was earlier closed in June after a car 
bomb exploded just outside it. However, it re-opened after a few 

Wattoo still not eligible to contest elections: Acquittal by LHC
Staff Reporter

LAHORE, Aug 9: The acquittal of Mian Manzoor Wattoo by the Lahore 
High Court in two references does not enable him to contest October 

The former chief minister had opted for plea bargain in May last in 
three references pertaining to the misuse of Baitul Maal funds to 
the tune of Rs10.07 million. Allowing the bargain, the court had 
imposed a 10-year disqualification on him and his five accomplices 
under section 15 of NAB Ordinance for contesting elections for a 
public office. Wattoo's appeal against his disqualification is 
still pending for adjudication with the LHC.

Wattoo acquitted in two references
Staff Reporter

LAHORE, Aug 8: A division bench of the Lahore High Court set aside 
two judgments of accountability courts convicting Mian Manzoor 
Ahmad Wattoo on corruption charges.

Comprising Justice Tassadaq Hussain Jilani and Mian Saqib Nisar, 
the bench ordered the release of former Punjab chief minister 
forthwith if he was not required in any other case. It observed the 
prosecution had failed in establishing charges in the two 
references filed under Ehtesab Act, 1997.

The first reference pertained to violation of chief minister's 
discretionary grant rules while second is related to illegal 
allotment of 110 plots.

In the first reference decided by accountability court judge 
Mahmood Akhtar Siddiqui on Jan 6, 2001, Wattoo was awarded three 
years RI and fined Rs10 million for having misused his authority as 
chief minister. He was charged with having provided financial 
assistance of Rs1,061,125 to a commercial enterprise, Design Tex, 
out of the chief minister's discretionary grant without any legal 
authority against pecuniary advantage.

According to the prosecution the amount was drawn through a PLA 
cheque in March 1995 for furnishing 90 Shahra-i-Quaid-e-Azam. As 
alleged by the prosecution, chief minister's discretionary grant 
rules 1988 did not provide for any such sanction. The trial court 
had convicted Wattoo also on the grounds that ordered furniture was 
never supplied and had been misappropriated.

The bench while deciding the appeal filed against the conviction in 
this reference, observed that charges of obtaining pecuniary 
advantage against the accused had not been established by the 
prosecution and he could not be convicted under section 3 (1) (d) 
of Ehtesab Act 1997 in this regard.

It was further observed that trial court had travelled beyond its 
jurisdiction by ordering for the collection of additional evidence 
against accused.

In the last portion of the judgment, the LHC observed that the 
decision of Manzoor Wattoo for the renovation and furnishing of 90-
Shahrah-i-Quaid-e-Azam was not based on dishonesty and intention of 

In the second reference, Wattoo had been sentenced to four years RI 
and fined Rs four million by AC judge Sheikh Rafique Goreja on 
April 4, 2000, for allotting state owned to 110 people in different 
schemes of LDA on the last date of his tenure as Punjab chief 
minister. As alleged by the prosecution, 63 of the plots in 
question were allotted by the accused without obtaining any formal 
applications. The LHC bench ruled that Wattoo as CM had the 
discretionary quota under a policy which was valid and in force 
when the allotments were made by him.

Bullish activity pushes index higher by 14 points
Staff Reporter

KARACHI, Aug 9: The KSE 100-share index managed to finish with an 
extended gain of 14.29 points at 1,815.76 as most of the leading 
base shares rose further.

Leading gainers were led by Noon Sugar, Treet Corporation, Anwar 
Textiles, Shell Pakistan and Wyeth Pakistan Shell Pakistan, which 
rose by Rs2.75 to Rs20. The largest rise of Rs8.10 and Rs20 being 
in Shell Pakistan and Wyeth Pakistan.

They were followed by 4th ICP, Paramount Spinning, Crescent 
Textiles, Noon Sugar, Babri Cotton, PSO, Hilal Flour mills, Al-
Ghazi and Millat Tractors, Noon Pakistan and Elite Publishers, up 
Rs1.20 to Rs3.70.

Losers included Wah-Noble Chemicals, Glaxo-Wellcome Pakistan and 
Dawood Hercules, off Rs1.25 to Rs1.60, while others fell 

Trading volume rose to 95m shares from the previous 74m shares as 
gainers maintained a strong lead over the losers at 134 to 87, with 
70 shares holding on to the last levels.

Hub-Power topped the list of actives, up 45 paisa at Rs25.20 on 39m 
shares followed by PSO, higher by Rs2.30 at Rs142.80 on 13m shares, 
PTCL, firm by 15 paisa at Rs18.25 on 11m shares, Sui Northern Gas, 
up 20 paisa at Rs14.60 on 6m shares and MCB, higher 30 paisa at 
Rs24.90 on 6m shares.

Other actives were led by ICI Pakistan, lower 15 paisa on 4m 
shares, Engro Chemical, up 30 paisa on 2m shares, Adamjee 
Insurance, firm by 10 paisa on 1.624m shares, National Bank, 
unchanged on 1.434m shares and FFC-Jordan Fertilizer, steady by 15 
paisa on 1.356m shares.

CLEARED LIST: Sharp rise of Rs2.45 in PSO featured the trading on 
this counter where other leading shares also rose. It finished at 
Rs143.25 on 3.826m shares.

Hub-Power rose by 45 paisa at Rs25.35 on 8.948m shares followed by 
PTCL, up 20 paisa at Rs18.30 on 2.510m shares, while all others 
were modestly traded.

DEFAULTER COMPANIES: Allied Motors came in for active profit-
selling and finished with a modest fall of 15 paisa at Rs11.25 on 
16,000 shares. Mehran Jute fell by 10 paisa at Rs0.65 on 5,00 
shares and Suzuki Motorcycle suffered a decline of 15 paisa at 
Rs3.40 on 2,000 shares. All others lacked normal trading interest.

BOARD MEETINGS: United Insurance on Aug 12, Century Insurance on 
Aug 13, New Jubilee Insurance and Meezan Bank of Aug 15 and 
Commercial Union Assurance Pakistan on Aug 16.

SECP, KSE row keeps market under siege
By Muhammad Aslam

The KSE 100-share index moved within a narrow groove of nine 
points, touching the highest at 1,788 and the lowest at 1,779 
points as the leading base shares, including the PTCL and the Hub-
Power known for their large daily volumes, failed to lure the 
investors back into the market, even at lower levels.

The interesting feature was the dividend-related buying in some of 
the pivotals, - including 30 per cent second interim dividend by 
the Fauji Fertiliser, 20 per cent interim by the Engro Chemical, 
and a final 55 per cent by the Sitara Chemical, and 40 per cent by 
the Security Papers, all of which failed in generating fresh buying 
owing to late selling.The market is performing in an atmosphere of 
uncertainty caused apparently by the fears about the general 
elections to be held amid a terrible political polarization, and 
fears of a showdown bid. However, the chief reason behind the 
dullness continues to be slack demand, most dealers believe.

Floor brokers said there are reasons to believe that the protracted 
bearish spell, and the sluggishness appears beyond the market's 
technical demand and mandate, but the cash-heavy institutional 
traders are watching the situation and appear in no mood to reverse 
the trend.

"Staying out of the arena for such a long period demonstrate that 
big ones are out to browbeat the immediate contenders of power", 
says a leading stock analyst, "but what about the small investors".

Except in the war-like conditions, the market has never been so 
sluggish and cheerless as it has been since the beginning of the 
new fiscal and the extended bearish spell worries everyone.

"I fear the market has been terribly politicized by the moneyed 
people having strong links with major political parties", he fears. 
"In similar conditions as the prevailing financial institutions 
play their assigned role to support the market". But some others 
say the current reported tussle between the stock exchanges and 
their apex body, on some procedural matters, has driven the 
investors out of the market, or perhaps they prefer to keep to the 
sidelines awaiting some favourable decision.

Much worried ought to be the brokerage houses as low volumes signal 
a sharp decline in their daily margins, they say.

"The continued absence of the notorious big ones for weeks together 
speaks of planned move", says a leading analyst "the apex body must 
find the reasons behind the captive market, a virtual hostage to 
the whims of a few".

Prominent gainers were led by the Security Papers, Dawood Hercules, 
Mehmood Textiles, Fauji Fertiliser after the announcement of second 
interim at the rate of 30 per cent, Lever Brothers, Bannu Woollen, 
Island Textiles, Noon Sugar, Clariant Pakistan, the BOC Pakistan, 
International Industries and several others.

Losers were led by the Bhanero Textiles, Shafiq Textiles, Shell 
Gas, Colgate Pakistan, Pak Reinsurance, Spencers Pakistan, Wyeth 
Pakistan Tri-Pack Films, and the Shell Pakistan.

Trading volume fell to 163 million shares from the previous 291 
million as the volume leaders failed to make bigger showing in the 
absence of strong demand from any quarter.

The PTCL, the Hub-Power, the PSO, the ICI Pakistan, Southern 
Electric, Dewan Salman, Sui Northern, Engro Chemical, the MCB, 
National Bank, the KESC, Pak PTA, Chakwal Cement and the ICP SEMF 
and some others led the list of most actives.

FORWARD COUNTER: Speculative issues on cleared list also followed 
the lead of their counterparts in the ready section and the on-
balance finished lower under the lead of the PSO and the Engro 
Chemical, which fell sharply. The latter on selling after the 
announcement of below market interim dividend of 20 per cent.

Back to the top
We never learn from history-2
By Ardeshir Cowasjee

Now, as we approach the promised October elections, our press 
carries many a story about how the intelligence agencies are 
transferring and 'placing' officials all over the country, and how 
the agencies are harassing certain individuals for not toeing the 
official line. We also read reports about how the 'placed' aspiring 
legislators and their 'supporters', all renowned as shady 
characters, are even managing to 'influence' men in uniform to gain 

On July 3, the governor of Sindh, Mohammadmian Soomro (my 'nephew' 
- he very respectuflly addresses me as 'uncle'), transformed his 
learned and efficient education minister, Professor Anita Ghulam 
Ali, into an 'adviser' and also sent home his irrigation minister, 
Ali Mir Shah. He then swore in Syed Ejaz Ali Shah Shirazi as 
irrigation minister and Sardar Muqeem Khan Khoso as agriculture 
minister (water tap and land ownership/transfer controllers), Khan 
Mohammad Dahri as education minister (organizing teachers at 
polling stations), Mian Abdul Baqi as auqaf minister (money to 
spend and distribute), and Dr Arbab Ghulam Rahim as minister of 
local government (the works). My 'nephew' could not explain who 
chose these 'fixers', who ordered him to swear them in, and who is 
their 'godfather'.

Nothing new. On April 25, 1994, this newspaper carried an editorial 
entitled 'Our secret godfathers', which opened up : "Two basic 
points emerge from General Aslam Beg's admission that in 1990 he 
took Rs 14 crores from the banker Younus Habib and that part of 
this money was spent by the ISI during the elections that year . . 
. . . ". And closed, saying ". . . it is time now for some sort of 
check on the rogue political activities of our intelligence 
agencies . . .". It was not time, and apparently it is still not 

In 1996, Air Marshal Asghar Khan filed a human rights petition in 
the Supreme Court against General Mirza Aslam Beg, former chief of 
army staff, Lt General Asad Durrani, former chief of the Inter-
Services Intelligence, and Younus Habib of Habib Bank and then 
Mehran Bank, concerning the criminal distribution of the people's 
money for political purposes (HRC 19/96). In this case, Lt General 
Naseerullah Babar filed an affidavit in court supported by copies 
of various documents and a photocopy of a letter dated June 7, 
1994, addressed by Durrani to the then prime minister, Benazir 
Bhutto, who, during her second term in office, appointed him as her 
ambassador to Germany, which reads:

"My dear Prime Minister," A few points I could not include in my 
'confessional statement' handed over to the director, FIA. These 
could be embarrassing or sensitive. (a) The recipients included 
Khar 2 million, Hafeez Pirzada 3 million, Sarwar Cheema 0.5 million 
and Mairaj Khalid 0.2 million. The last . . . . . . . [illegible] 
someone's soft corner that benefited them. (b) The remaining 80 
million were either deposited in the ISI's 'K' fund (60 m) or given 
to director external intelligence for special operations (perhaps 
the saving grace of this disgraceful exercise. But it is delicate 
information.) [Noted in the margin of this paragraph, by the writer 
in his own hand: "This is false. The amount was pocketed by Beg 

"The operation not only had the 'blessings' of the president 
[Ghulam Ishaq Khan] and the wholehearted participation of the 
caretaker PM [Ghulam Mustafa Jatoi], but was also in the knowledge 
of the army high command. The last mentioned will be the defence of 
many of us, including Gen Beg (who took his colleagues into 
'confidence' but that is the name that we have to protect).

"The point that I have 'wargamed' in my mind very often is : what 
is the object of this exercise? (a) If it is to target the 
opposition, it might be their legitimate right to take donations, 
especially if they come through 'secret channels'. Some 
embarrassment is possible, but a few millions are peanuts nowadays. 
(b) If the idea is to put Gen Beg on the mat : he was merely 
providing 'logistic support' to donations made by a community 
'under instructions' from the government and with the 'consent' of 
the military high command. In any case; I understand he is 
implicated in some other deals in the same case. (c) GIK will 
pretend ignorance, as indeed he never involved himself directly. 
(d) Of course, one has to meet the genuine ends of law. In that 
case let us take care of the sensitivities like special operations 
and possibly that of the army.

"It was for these reasons that I desperately wanted to see you 
before leaving. I also wanted to talk about my farewell meeting 
with the COAS [General Waheed Kakar]. In the meantime you must have 
met often enough and worked out what is in the best interest of the 

I keep praying that all these natural and man-made calamities are 
only to strengthen us in our resolve and not in any way reflective 
of our collective sins. With best regards and respects

Yours sincerely, Asad" Filed also in the court is a note, attached 
to Durrani's letter written in his own hand, reading: "YH TT 
Peshawar A/C Sherpao For Election 5,00,000; Anwar Saifullah for MBL 
deposit 15,00,000; Farooq Leghari PO Issued 1,50,00,000. Another 
1,50,00,000 paid through Bank. There are a host of other political 
figures who received funds like Liaquat Jatoi, Imtiaz Sheikh."

Naseerullah Babar also filed in court a copy of a bank account 
sheet headed "G/L Account. Activity Report. Account 12110101 G. 
Baig (sic.)" The column heads read "Transaction, Date, Particulars, 
Debit, Credit." The numbered transactions took place between 
October 23, 1991, and December 12, 1993. The first transaction 
listed was "Cash-P.O. Karachi Bar Association A/C Gen. Baig (sic.), 
debit, 5,05,680" (advocate Mirza Adil Beg, Aslam Beg's nephew, the 
then president of the KBA, confirms that the KBA received the 

In January 1992 USD 20,000 was sold @ 26.50 and 5,30,000 was 
credited to the account. Thereafter all debits: "Arshi c/o Gen. 
Baig (sic.) 2,90,000; Cash paid to Gen. Shab 2,40,000 ; Cash 
Friends 1,00,000 [Aslam Beg's organization, FRIENDS, Foundation for 
Research on National Development and Security] ; Cash TT to Yamin 
to pay Gen. Shab 3,00,000 ; Cash TT to Yamin Habib 12,00,000 ; Cash 
Friends 1,00,000 ; Cash Friends 1,00,000 ; Cash paid through YH 
10,00,000 ; Cash Friends TT to Salim Khan 2,00,000 ; Cash 1,00,000 
; Cash Towards Friends 5,00,000 ; Cash Asif Shah for Benglow 35,000 
; Cash Friends 1,00,000 ; Cash Friends 1,00,000 ; Cash TT through 
Yamin for Friends 1,00.000 ; Cash paid to Fakhruddin G. Ebrahim 
2,00,000 [he confirms having received the money from General Beg as 
fees and expenses for defending him in the contempt of court charge 
brought against him - PLD 1993 SC310] ; Cash paid through TT to 
Yamin for Friends ; Cash paid to Fakhruddin G Ebrahim 1,28,640 [he 
confirms receipt for fees/expenses for contempt case] ; Cash Guards 
at 11-A 10,500 ; Cash TT for USD 240,000 Fav. Riaz Malik to City 
Bank (sic.) New York 68,76,000 ; Cash Friends 1,00,000; Cash Guards 
at 11-A 10,500 ; Cash Mjr. Kiyani 10,000; Cash mobile phone for 
Col. Mashadi 28,911 ; Cash TT fav. Qazi Iqbal and M Guddul 3,00,000 
; Cash Mjr. Kiyani 10,000 ; Cash TT to Peshawar 3,00,000 ; Cash 
deposited at Karachi A/C EC [Election Commission] 3,00,000 ; Cash 
Guards 24,000 ; Cash TT to Quetta 7,00,000 ; Cash mobile bill of 
Col. Mashadi 3,237 ; Cash TT to Peshawar Br. 4,00,000 ; Cash 
deposited at Karachi Br. 4,00,000 ; Cash Guards 11,520 ; Cash TT to 
Peshawar for EC 2,00,000 ; Cash TT to Quetta for EC 2,00,000 ; Cash 
Guards 5,760 ; Cash Mjr. Kiyani 5,000 ; Cash A/C Guards 8,640 ; 
Cash th. YH 2,00,000 ; Cash A/C Guards 5,760 ; Cash TT to Salim 
Khan 1,00,000."

The "host of other political figures who received funds" from an 
ISI account were revealed in the Supreme Court when Air Marshal 
Asghar Khan's petition was being heard. Inter alia, Nawaz Sharif 
received (in rupees) 3.5 million, Lt General Rafaqat [GIK's 
election cell] 5.6 million, Mir Afzal 10 million, Ghulam Mustafa 
Jatoi 5 million, Jam Sadiq Ali 5 million, Mohammed Khan Junejo 2.5 
million, Pir Pagaro 2 million, Abdul Hafeez Pirzada 3 million, 
Yusuf Haroon 5 million [he confirms having received this for Altaf 
Hussain of the MQM], Muzaffar Hussain Shah 0.3 million, Abida 
Hussain 1 million, Humayun Marri 5.4 million. During the hearing of 
the case, Aslam Beg, under oath, revealed the existence of a 
political cell within the ISI, whilst clarifying that though he was 
aware of the distribution of funds he was never personally 

These documents and many others, filed in the Supreme Court, are a 
matter of public record. In this regard, reference should be made 
to paragraph 111, 'Corruption', of the judgment of the Supreme 
Court of Pakistan on the Proclamation of Emergency dated 14th, 
October, 1999 (approved for reporting), delivered by Chief Justice 
Irshad Hassan Khan and his eleven Brothers, sanctifying General 
Pervez Musharraf's takeover. It is a list presented by Attorney-
General Aziz Munshi listing cases of corruption, some dating back 
to 1990, the lists of ISI payments, Babar's and Durrani's 
affidavits being amongst them.

Should not all these corrupt, bribed political people who 
shamelessly accepted the people's money for their own political 
ends, and who have never denied having received such payoffs, not 
stand disqualified for life?

Air Marshal Asghar Khan is still waiting to have his petition 
challenging the corrupt and clandestine use of public funds 
(pending since 1996) heard by the Supreme Court, as is also General 
Naseerullah Babar. They both have much to reveal. They are prepared 
to face the judiciary.

Creative anarchy Pakistani style
By Ayaz Amir

When we shed tears over our history - and let's not forget we 
remain among the world's most accomplished mourners - many of us 
forget how far we have come in many things. The openness of the 
press and even the gradual opening up of that ancient concubine, 
state television, is taken for granted nowadays. This too in a 
military government. But only a few years ago this would have been 

True, General Musharraf stretches a point when he says he is a 
military man who rules democratically. Even so, it is hard not to 
admit that compared to what we've had in the past this has been a 
tolerant dispensation.

Perhaps the tolerance owes less to conscious design than to 
domestic exigency and international pressure. Perhaps this is 
globalization at work, a world where the dissemination of 
information is harder to control. So what? In everyday life facts 
are more important than their underlying causes.

Forget the press, the political parties too over the last three 
years have been free to do as they please except hold rallies in 
the open. If they have sat on their butts and not organized 
themselves properly who is to blame? The military government may 
have had dubious motives in making the political parties go through 
the farce of internal elections. But at least it made them do 
something they would never have done on their own.

Horace Walpole said he would love England if it were not for the 
people in it. Pakistani democracy can trigger much the same 
emotion. I am all for democracy but its practitioners put me off. 
Ten minutes in their company and I find myself turning into a rabid 

General Musharraf's greatest service to Pakistan has been to 
demystify the military. The armed forces still sit on the bulk of 
national resources but their holy cow status which made them immune 
from criticism has come to an end. Thanks to the army being pushed 
into doing things it had no business touching, the halo round its 
head has gone.

The intelligence agencies also stand demystified. During the Zia 
years the words ISI and MI were spoken in hushed tones. Not any 
more. The ISI and MI continue to play their political games, a 
subject on which Mian Azhar and Chaudry Shujaat of the Q League are 
more qualified to speak. But the old dread of these agencies has 
disappeared. The iron curtain around them has fallen.

The young of today are scarcely aware of the repressive atmosphere 
of the Zia regime. For open dissent a harsh price had to be paid 
which many people, to their lasting honour, did. But it's a measure 
of the distance we have travelled that it all seems such a long 
time ago.

I think sufficient credit has not been given to Gen Musharraf or 
the army for this transformation. Which doesn't mean Gen Musharraf 
hasn't done silly or unnecessary things. Only that all said and 
done he has presided over an easy regime.

The argument often trotted out by politicos and journalists that 
the tolerance of the regime is dictated by international necessity 
is at best half true. In a country where ordinary thanedars can get 
away with the most blatant excesses, the army's secret agencies, 
whose reach and power should not be underestimated, can get away 
with a great deal more. If they have desisted from doing so, it is 
another sign that our political culture is improving.

Which is not to say we should close our eyes to the follies or 
political excesses of the present order. On the frozen body of the 
1973 Constitution open-heart surgery is being performed. This is a 
fact. But the new openness in which criticizing the military 
government is no longer considered an act of heresy is also a fact. 
While drawing up a balance sheet of the present both these facts 
should be kept in mind.

The live political discussion on TV is something no government, 
military or political, ever risked. It has become a regular feature 
these days, which means another taboo has been broken. Democracy 
best evolves not merely through strictures or governmental 
commandments but through an accumulation of such small things, 
quite often unintended or inadvertent.

No Pakistani leader has risked being interviewed live on 
television. Granted that Musharraf's TV interviewers have always 
been carefully chosen for their patriotic credentials. And on one 
or two occasions, I suspect, for their looks which of course 
bespeaks an aesthetic approach to such things. But the fact remains 
that in a live interview, however carefully managed, anything can 
go wrong. If Musharraf has taken the risk, he has set a precedent 
for others to follow.

It is another matter that the generalissimo is often forgetful of 
Polonius's advice about brevity being the soul of wit. He has a 
great facility for the long answer, at times the excruciatingly 
long answer. Polonius was a bore but had some useful advice for his 
son. Perhaps a reading of his famous speech could be arranged in 
the presidency.

Another thing to be celebrated is the demise of the CSP or DMG, 
surely not consciously willed by anyone in general headquarters but 
an inadvertent consequence of General Naqvi's devolution plan. In 
its heyday the old civil service had its strengths and uses but by 
the time Naqvi's cruel axe fell on it, it was of no use to man or 
beast. The passing of the village chowkidar is still mourned among 
sections of the rural populace. The demise of the commissioner and 
deputy commissioner, and the meltdown of the once-vaunted steel-
frame of the empire, has gone unnoticed and unwept.

The ISI and MI are justly blamed for installing and dislodging 
civilian prime ministers in the nineties. What is often forgotten 
is that as much to blame are the mandarins of the civil service 
surrounding those two princes of presidential ineptitude, Ghulam 
Ishaq Khan and Farooq Leghari. Their role was as dark and sinister 
as that of any interfering general. The mandarinate had tempted 
fate for a long time. Who could have foreseen that its nemesis 
would come stalking in the shape of Gen Naqvi?

Not that bureaucratic incompetence has been replaced by military 
efficiency. To the sum of national inefficiency the army is making 
its own distinctive contribution. What's more, by turning the 
district nazims into ready instruments of its ambition, the 
government has already managed to give devolution a bad name. But 
this is how progress takes place: one set of incompetents being 
replaced by another until something more solid and good emerges 
from the resulting chaos.

British democracy was not created overnight. Its beginnings can be 
traced to the struggle between king and parliament - the latter 
representing not the people, as political myth would have it, but 
the aristocratic land owning class. From the balance thus created 
came civil liberties and the supremacy of parliament. This process 
took a couple of centuries. Not that we have the same luxury of 
time but it helps to keep things in perspective.

Consider two more things worth celebrating: the abandonment of the 
Taliban and the change of heart over Kashmir. The Taliban were a 
millstone round our neck, jihad in Kashmir a concept which had 
outlived its utility. On our own we wouldn't have had the sense to 
reverse these policies. It was the post-September 11 world which 
knocked the stuffing from our most cherished illusions. We were 
left with no choice except to quickly get in step with the new 

Musharraf must be credited with some deft footwork here. Possibly 
he could have held out for a higher price for services rendered to 
the American cause. But this is quarrelling over tactics not 
strategy. His general approach was correct. So while there is much 
wrong with his political tinkering, some good has also accrued from 
his rule.

We are now embarked upon a new journey. Even if the army tries 
every trick in the book, it can't manage everything about the 
coming elections. Once electioneering is underway and a new 
parliament comes into being a new dynamic will be in place. And 
from it, such being life, a new synthesis will emerge.

So why lose heart? We are not reliving the past. A pale version of 
the past is contending with the future. We have already shed many 
of our skins and cast aside many shibboleths. This is a good enough 
basis to step into the future with hope and promise.

The murder of Haji Qadir	
By Eric S. Margolis

AFGHANISTAN's deputy president, Haji Abdul Qadir, was gunned down 
recently by unknown assailants in the centre of supposedly secure 
Kabul. After recovering from the shock of losing an old friend and 
benefactor, I vividly recalled Abdul Qadir warning me a decade ago: 
'Never travel without two jeeps with guards, one behind you and one 
in front. That's the only way to prevent an ambush.'

In the early 1990s, civil war was raging across Afghanistan 
following the Soviet pullout. I had just come from a fierce battle 
against communist Afghan forces at Jalalabad. Haji Qadir, one of 
southern Afghanistan's most important warlord, gave me the 
hospitality of his large, walled tribal compound near Jalalabad. I 
stayed with him as an honoured guest and joined him in audiences 
with tribal elders and mujihadin fighters. As governor of one of 
the nation's richest provinces - thanks to legal and illegal trade 
- Qadir commanded great influence and large numbers of tribal 

To protect me during my forays in the countryside, which was 
completely lawless and afflicted by roving bands of communists, 
mujihadin, bandits, smugglers and heroin traders, Qadir sent two 
jeeps filled with heavily armed gunmen to accompany the Land 
Cruiser in which I was travelling through the war zone. Thanks to 
his timely aid, I survived unscathed.

Ironically, when Qadir was assassinated in Kabul, he appears to 
have been either riding alone in his trademark Toyota Land Cruiser 
- the vehicle of choice of all Third World warriors - or with only 
a single vehicle carrying bodyguards.

Qadir's murder, staged in the very midst of western troops 
protecting the US-installed Kabul regime, underlined Afghanistan's 
continuing instability and lethal internal politics.

Haji Qadir was a leading figure in the anti-Soviet struggle during 
the 1980s and a close ally of both Pakistan's ISI and the CIA. 
Qadir and his younger brother, Abdul Haq, an old comrade of mine 
from Peshawar and the anti-Soviet jihad, were both renowned Pakhtun 
warriors. Abdul Qadir was quiet, thoughtful, and dignified; his 
younger brother was hot-blooded and a born fighter. Both aspired to 
become leader of Afghanistan. Abdul Haq was captured and killed 
last fall by Taliban in the course of an abortive CIA-mounted 

When Taliban seized control of Afghanistan in 1996, Haji Qadir 
joined the Northern Alliance, which is armed, financed, and 
directed by Russia's intelligence services. Qadir was considered a 
turncoat by fellow Pakhtuns, who detest the Northern Alliance. He 
was a foe of Al Qaeda. The US had considered making Qadir leader of 
the post-Taliban regime it installed in Kabul, but chose Hamid 
Karzai, another Pakhtun, because the latter spoke far better 
English than Qadir, an essential quality in the media war for 
foreign public opinion. But Qadir remained a threat to Karzai and 
the Northern Alliance.

Among the many suspects in Qadir's murder must be counted drug 
runners. According to the UN's drug office, the Taliban managed to 
almost totally suppress cultivation of opium poppies, Afghanistan's 
premier cash crop, except in areas controlled by the Northern 
Alliance. Since the overthrow of the Taliban, the US and Russian-
backed Northern Alliance revived and now controls most of the drug 
trade, which provides 65 per cent of Europe's heroin and a growing 
share of America's imports. 

Drug money has become the fuel on which Afghanistan now runs. 
America's Drug Enforcement Agency has been ordered to shut its eyes 
and freeze activities in Afghanistan and Pakistan so as not to 
interfere with the drug business of Washington's local allies.

President George Bush's War Against Drugs collided head-on with his 
War Against Terrorism - and the drug crusade has lost. Washington's 
complicity with drug dealers brings back nasty memories of Central 
America and Vietnam, where the US allied itself with Saigon river 
pirates and drug-dealing army officers, even providing air service 
to opium-morphine-heroin gangs. 

Like Indochina and Central America, drugs are the real currency in 
Afghanistan. Getting involved in narcotics seems an inevitable 
byproduct of politics and covert operations in such nations.

Haji Qadir's murder is a heavy blow to the Karzai regime and its 
American protectors. His death came soon after a US C-130 gunship 
massacred at least 44 people and wounded 150 - mostly women and 
children - at an Afghan wedding. The attack, shrugged off as a 
'tragic mistake' by US officials, was another example of the 
Pentagon's shoot-first, look later policy in Afghanistan, in which 
crushing air power is used to intimidate or terrorize into 
submission anyone who dares resist - including, lately, tribesmen 
and politicians who do not cooperate with the Karzai regime.

PCB chief backs down on threat to Australia
Sports Reporter

KARACHI, Aug 3: Pakistan Cricket Board (PCB) made a U-turn on its 
stand on Australia's refusal to tour this October but maintained 
that it had various options available which it could exercise.

The chairman of the Pakistan Cricket Board (PCB) Lt Gen Tauqir Zia 
told a news conference that he never intended to directly threaten 
a boycott of the Australian Cricket Board (ACB).

"I continue to enjoy excellent relations with the ACB ever- since I 
took over as PCB chairman. All I meant was that we have options 
available to exercise," he said.

Tauqir earlier this week threatened that he might reconsider the 
decision to send his team to Australia in 2004 if Australian 
Cricket Board (ACB) refuses to tour inspite of President Gen Pervez 
Musharraf's guarantees of players security. He had said he would 
activate and motivate the Asian Cricket Council (ACC) which passed 
a resolution in April at Sharjah that all the members would boycott 
the country that refuses to tour the coalition partner.

"Activating and enforcing are two different things. I never said I 
would pursue the enforcement of the resolution. But prior to going 
to ACC, I will contact the International Cricket Council (ICC) to 
brief them and take their advice," he said.

He said that if ACB refused to send its team for three Tests, he 
would take fresh guidance from President Musharraf. "Now that the 
President is directly involved, it is no more a matter between the 
two boards. If ACB refuses to come, I will inform the President and 
seek his advice. Whatever he says will be implemented. "If he says 
go and play at a neutral venue so that cricket is not suffered, I 
will go ahead. He has returned Friday from foreign tour and I will 
talk to him shortly," he said.

Tauqir said he hasn't talked to the ACB or ICC officials yet but 
promised to get in touch with them in the coming week.

"ACB chairman Bob Merriman tried to contact me but because of line 
disturbance, I couldn't talk to him. I will soon make a return 
call," he said.

Tauqir called for a quick solution to the tour and repeated that 
Australian boycott remained one of the several options.

"I would like to put the pressure on the Australian through the ICC 
which is the supreme body. I would like Malcolm Gray to intervene 
and persuade Australia to tour Pakistan," he said.

Asked if Australia doesn't tour Pakistan what would be the fate of 
the Future Tours Programme, the general said it was already a dead 
issue. He said most of the countries have not signed on the FTP but 
still cricket was being played.

Dalmiya reacts cautiously 
By Samiul Hasan

KARACHI, Aug 3: Indian cricket supremo, Jaghmohan Dalmiya, reacted 
cautiously in case Australia refuses to tour Pakistan this October.

The president of the Board of Control for Cricket in India (BCCI), 
Jaghmohan Dalmiya, told Dawn from Kolkata that he would refrain 
from issuing any hard-hitting statement and would instead prefer to 
follow the wait-and-see policy.

"We are not afraid of pleading our case but we should refrain from 
issuing any statement that may aggravate the situation," Dalmiya 

"We should not jump to conclusions and let the time take its 
course. There is still enough time to talk," the former chairman of 
the International Cricket Council (ICC) and now regarded as the 
most powerful individual in world of cricket.

"The prime objective is that cricket should not suffer," he added.

India and Pakistan, along with Sri Lanka and India, have signed a 
resolution on the Asian Cricket Council (ACC) platform that all the 
members would boycott the countries that refuses to tour the ACC 
member countries.

India, during that meeting in February at Sharjah, had threatened 
to cancel this year's tour to New Zealand if the Kiwis didn't tour 
Pakistan later that month. The warning had an immediate impact when 
New Zealand Cricket (NZC) confirmed the tour that was later 
curtailed because of May 8 bomb blast just outside the team hotel 
that left more than a dozen Frenchmen killed.

In return, the ACC as well as Pakistan helped India to force 
suspension of the referees commission that was set-up by the 
International Cricket Council (ICC) to probe into the penalties 
imposed on six Indian cricketers by Englishman Mike Denness during 
a tour to South Africa late last year.

When informed that Australian Prime Minister John Howard has said 
in Sydney that he would not impose his decision on the Australian 
Cricket Board (ACB) to tour Pakistan, Dalmiya said: "Now the ball 
is now back in the court of the ACB. Let's wait patiently and see 
how things unfold."

India's cautious and carefully worded statement might increase 
anxiety in the Pakistan Cricket Board (PCB), particularly after Lt 
Gen Tauqir Zia was questioned if BCCI could be trusted, if 

"India has signed a resolution and is definitely part of the 
agreement," the PCB chairman told reporters at the National 
Stadium. But when told India didn't support Pakistan's compensation 
case, Tauqir played down the issue, saying: "Probably because every 
(ICC) member country would have ended up paying to the affected 
board from its World Cup profits."

Pakistan suffered more than $25million losses last year, around 
$15million alone from India's withdrawal to cross borders for a 
three-Test and five-match one-day series.

Australia, by not touring Pakistan, might find itself on tricky 
wicket if the ACC stands united and determined to honour its 
Sharjah pledge. That is because it is upto host Sri Lanka later 
this year in the tri-nation one-day series that starts Dec 13 and 
also involves England besides the host nation. Sri Lanka, it is an 
open secret, has emerged as the most trusted partner by showing 
shown admiration and support towards Pakistan in difficult times.

It was Sri Lanka who broke the ice and became the first team to 
visit Pakistan earlier this year after New Zealand and the West 
Indies had stayed away because of security concerns arising from 
Sept 11 terrorists attack on the United States.

Prior to that, Sri Lanka had also offered to send its team for a 
five-match one-day series in October in an effort to help the PCB, 
in response to the support Pakistan had shown during the 1996 World 
Cup after Australia and the West Indies refused to play league 
matches in Colombo citing players safety.

Sri Lanka is again available when required when it agreed to send 
its `A' team to Pakistan for a full tour next month.

According to ICC's Future Tours Program, India's tour to Australia 
is scheduled in December-January 2003-2004 while Australia's return 
visit is in Sept 2004.

Pakistan has already indicated that it would take a decision to 
send its team to Australia in 200 after the ACB confirms its tour 
scheduled between Oct 1 and 24.

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