------------------------------------------------------------------- DAWN WIRE SERVICE ------------------------------------------------------------------- Week Ending : 24 August 2002 Issue : 08/34 -------------------------------------------------------------------
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CONTENTS =================================================================== NATIONAL NEWS + Indian land, air attack repulsed + Agosta being launched today + Benazir's counsel files amended petition + LFO aims to keep Benazir out: counsel + 'Amendments to give Martial Law permanence' + Benazir files papers for 2 NA seats + Muttahida threatens boycott + Amendments irreversible: Musharraf + NSC set up; powers to sack govt restored + PPP rejects constitutional amendments + Incursions might be going on into Valley: Musharraf + Benazir's return to end in prison + CEC asks government to amend law + Kashmiri leaders never ignored Pakistan: FO + Allotment of election symbols complete + ARD demands caretaker set-up for fair polls + Parties, lawyers reject packages of amendments + EC asked to disqualify 99 ex-MNAs, senators + CEC takes notice of PPP leaders' complaint + PPP urges CEC to reconsider decision + Musharraf reuniting turncoats: PML-N + Musharraf assures Fahim of fair polls + EC rejects PML(Z) documents + Benazir firm on contesting polls + LHC rejects plea against Benazir's conviction + Benazir's plea to be reheard on 21st + Asif's petition dismissed + Cases against Benazir, Asif: NAB viewpoint + Arguments continue: Meerwala case + Defence raises qualms about case registration: Meerwala case + Meerwala: defence starts arguments today + Meerwala: ATC accepts plea for re-examination of PWs + Evidentiary record misplaced, ATC told: Meerwala gang-rape case + Defence wants rape victim re-examined + Rape victim won't face punishment, rules Shariat Court + Four Harkat men indicted in car bomb case + CPNE urges govt to promulgate legislation --------------------------------- BUSINESS & ECONOMY + $10m loan accord with WB signed + US refixes $3bn debt repayment dates + Marked improvement in economic indicators, says IMF + Judicial reforms plan hits snags + $5bn debt rescheduling arrangements finalized + Weekend selling clips gains on stock market + Despite official spat financial market behaves modestly --------------------------------------- EDITORIALS & FEATURES + We never learn from history-4 Ardeshir Cowasjee + The abiding tragedy of reformers Ayaz Amir ----------- SPORTS + Waqar offers no excuses for Pakistan's exit + Pakistan crash out of Morocco Cup + Sri Lanka beat Pakistan + Shoaib back, Saqlain not considered + Inzamam bitterly disappointed + PCB's shabby treatment of Saqlain and Saeed + Jansher refused wild card for not appearing in trials + Jansher looks to Europe for comeback
DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS =================================================================== NATIONAL NEWS 20020824 ------------------------------------------------------------------- Indian land, air attack repulsed ------------------------------------------------------------------- By Faraz Hashmi ISLAMABAD, Aug 23: Indian army, backed by Mirage-2000 fighter planes, launched an attack on Thursday night on Pakistan army positions in the Gultari sector, 30km from Skardu. "Vigilant Pakistani troops engaged Indian troops and caused heavy casualties running into dozens of personnel," ISPR Director-General Maj-Gen Rashid Qureshi told a press conference. The Indians' attempts to reinforce the attack failed because of accurate fire by the Pakistani troops, he added. "Unable to make any headway, despite losing dozens of personnel, the Indians in their frustration resorted to a highly escalatory act by bombing the area using the air force." The Inter-Service Public Relations chief said that Indian planes had carried out four to five sorties to bomb Pakistani positions at an altitude of 16,900 feet. Describing the use of India air force to target Pakistani positions as a highly escalatory act, Maj-Gen Qureshi did not rule out the possibility of the clash spilling over to other areas. Last time the Indians used their air power during the Kargil conflict in 1999, losing two fighter planes. The ISPR chief did not give details of Pakistan's response to the air attack and violation of its airspace. "They moved in and moved out," he said. About the exact number of casualties suffered by the Indian army Maj-Gen Qureshi said it was in two digits. In reply to a question about the number of troops used by the Indian army, he said 70 soldiers were involved in the attack. Giving the latest situation in the area, he said an intermittent exchange of fire was going on and the Indians were unable to retrieve their bodies. Pakistan army, he said, did not suffer any causality. Reflecting on the causes of the attack, the ISPR chief said India perhaps wanted to show the world that the situation was still tense thereby creating an excuse for keeping its troops on border. Maj-Gen Qureshi recalled a similar incident in July when India had initially admitted little casualties. But, later they had sacked one of their commanding officers for conducting a highly grievous operation. On the deployment of troops by India, he said a frustration was setting in among the Indian soldiers and added that the number of incidents where Indian troops had revolted against their commanders was increasing. The ISPR chief said that the Indian army was under tremendous pressure for having failed to have any face saving. On India's denial of any such attack, he said it was their pattern to refuse or conceal an incident where they got beating. He agreed that the timing of the attack was significant as the US Deputy Secretary of State Richard Armitage had arrived in Delhi. In reply to another question, he said Pakistan had been exercising maximum restraint and trying to avoid any conflict with India. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- Agosta being launched today ------------------------------------------------------------------- KARACHI, Aug 23: The Pakistan Navy will launch its first indigenously built submarine today, a press release said. The launching of this submarine symbolizes an important landmark in the acquisition of the Agosta 90B submarine, which is being indigenously built in Pakistan. Construction of second Agosta 90B started in 1998, as part of the same contract under which DCN International of France had constructed one Agosta 90B at Cherbourg, France, while two are being built locally. The submarine being launched is the second of the series - the first being the PNS/M Khalid, which was commissioned in September, 1999, and is operating successfully since then. The Agosta 90B has been named as a Khalid Class submarine. The two submarines at present being constructed here would progressively replace a part of the submarine fleet. The design of the Agosta 90B is similar to the proven Agosta, built by France in the 70s. The new Agostas have been fitted with modern command and control systems and weapon suites. These subs are capable of launching anti-ship missiles and various types of torpedoes. The Navy's Agosta 90B will be equipped with a 200kW MESMA installation. This air independent propulsion system will significantly increase submerged endurance of the vessel. The first MESMA propulsion unit has been delivered and will be installed in the third of the three Agostas being built in Karachi. The Agosta 90B has been designed for anti-submarine, anti-surface, intelligence gathering and sea patrol operations. -APP DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- Benazir's counsel files amended petition ------------------------------------------------------------------- Staff Reporter KARACHI, Aug 23: Counsel for former prime minister Benazir Bhutto filed amendments in the constitutional petition to impugn the substitution in article 63 (1) (p) of the constitution. A division bench of the Sindh High Court had on Thursday allowed Barrister Kamal Azfar's application for amending the prayers, in view of the situation after the promulgation of the Legal Framework Order 2002 on Aug 21. In the additional ground the petitioner has maintained that "the substitution of paragraph (p) in article 63 (1) of the Constitution of Pakistan by the impugned CEO order/LFO of 2002, is in violation of the Constitution and the judgment of the Supreme Court of Pakistan in Zafar Ali Shah's case." Through the amendment, the petitioner has also prayed for declaring the substitution of paragraph (p) in article 63 (1) of the constitution without lawful authority and of no legal effect. It is the case of the petitioner, whose case is being argued by Barrister Azfar and Farook H. Naek, advocate, that she has never absconded in terms of section 31-A of the NAB Ordinance of 1999, as the petitioner has left the country with the permission of the Lahore High Court. Thus, no question of disqualification under clause 2 (n) of article 8D of CE Order No 7 of 2002, as amended, arises. Even otherwise, article 8D 2 (n) only applies where a person has been "convicted" of absconcion. Under section 31-A, the guilt is determined by operation of law and not as a result of conviction. Thus, the disqualification envisaged under article 8D 2 (n) does not apply in the case of the petitioner. It is her case that section 31-A of the Ordinance of 1999 only applies where a person absconds in order to avoid being served with any process. The very concept of automatic conviction, let alone one without even a trial, is completely subversive of the cardinal principle of due process of law and is inconsistent with the norms of civility and justice. Article 8D 2 (n) of CEO7 of 2002, as inserted by CEO No 21 of 2002, is violative of articles 4 and 9 of the constitution as a person is disqualified from being elected to the parliament against the doctrine of due process of law and the principle of natural justice. It is also the petitioner's case that section 31-A of the NAB Ordinance 1999 is violative of article 175 of the constitution as it interferes with the judicial functions, which the courts are required to perform in accordance with, inter alia, the Criminal Procedure Code, while dealing with cases of absconcion. The legislative fiat reflected by section 31-A of the Ordinance 1999 flouts the independence of judiciary. This section, which automatically convicts a person, is violative of articles 4 and 9 of the constitution which guarantee the right of every citizen to be dealt with in accordance with law and that no action detrimental to liberty shall be taken except in accordance with law. Conviction of a person without any trial whatsoever is a mockery of the due process of law. It is Ms Bhutto's case that section 31-A of the Ordinance 1999 which automatically finds a person guilty for reason of absconcion regardless of the individual circumstances of each case, is manifestly arbitrary and discriminatory. It is her case that the impugned provisions have been enacted by Gen Pervez Musharraf with the declared malafide intent of disqualifying her from the electoral process thereby subverting/frustrating the free exercise of expression of will by the people of Pakistan through ballot. It is her case that article 8D 2 (n) of CEO 21 of 2002, as amended, is inconsistent with article 63 (h) and (l) of the constitution, which already provides for convictions which results in disqualification of a person. Article 8 D 2 (n) of CEO of 21 of 2002, as amended, is outside the parameters of limited power to amend the constitution for the welfare of the people which has been circumscribed in Zafar Ali Shah's case. Besides praying for declaring the modification to article 63 (1) (p) illegal and unconstitutional, the petitioner has also prayed for declaring that section 31-A of the National Accountability Bureau Ordinance of 1999 and article 8D 2 (n) of CEO 7 of 2002 as inserted vide CEO 21 of 2002, is ultra vires of the provisions of the constitution. The petition is fixed on Aug 27 before a division bench of the Sindh High Court. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- LFO aims to keep Benazir out: counsel ------------------------------------------------------------------- Staff Reporter KARACHI, Aug 22: Counsel for Benazir Bhutto termed the Legal Framework Order illegal and contended that amendments to the constitution, especially to article 63 (p), were mala fide and intended to keep the petitioner out of political dispensation. Counsel Barrister Kamal Azfar was arguing before a bench of the Sindh High Court, comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jafferi, on a petition in which the former prime minister has prayed for enforcement of her right to contest election to the National Assembly from NA-207 and has challenged the Musharraf regime's measures to keep her out of the political and electoral process. "These amendments are illegal and mala fide and outside the ambit of powers conferred by the Supreme Court in Zafar Ali Shah's case," argued Barrister Azfar who, along with Farooq H. Naek, represented the former prime minister. The bench also allowed the petitioner's application for filing an amended petition, also questioning amendment to article 63 (p) of the constitution. The petitioner has prayed for declaring this illegal. The counsel sought an interim order from the court, allowing the petitioner to file nomination papers for NA-207, saying that it should be left to the voters once again to decide who should represent them. It was also prayed that the returning officer should be directed not to announce adverse order on scrutiny until her petition was decided. Justice Ahmed observed that "you can always file a nomination paper. The court can always grant you relief if it comes to a conclusion that the amendments are invalid." Attorney-General Makhdoom Ali Khan argued that the question was whether disqualification was constitutional or unconstitutional, whether the amendments were constitutional or unconstitutional? It was his contention that appeal against rejection of nomination papers could be raised at an appropriate forum. He argued that the "court has powers to strike down a constitutional provision, but it cannot suspend a provision of law." Barrister Azfar, however, said that the apprehensions expressed by him on Wednesday that the adjournment was being sought in order to bring an amendment to cover up the illegalities in the CEO No 21 of 2002, which was inconsistent with article 63. He said that the chief executive had no legislative power or jurisdiction to make any change or amendment to the constitution as the power to amend the constitution was the prerogative of a duly elected parliament. He added that the government was motivated by the desire to introduce new faces in the political arena. If such practice was permitted this would be fraught with dangerous consequences. He pointed out that when Hussain Shaheed Suhrawardy was disqualified under the EBDO by Ayub Khan, the leadership of the Awami League was transferred to the "new face" of Shaikh Mujibur Rahman. The AG opposed the maintainability of the petition. He said that appropriate remedy had been provided in the Election Laws. He argued that no interim order could be passed by this court, as in election matters this court could not interfere. He also submitted that the petitioner had not filed nomination papers. If she did so and the same were accepted or rejected, a legal remedy was available in either case to aggrieved parties. If her nomination papers were accepted, other contesting candidates had a right to challenge her candidature. In case nomination papers were rejected, an appeal lay before the Election Tribunal. He pointed out that the returning officer had not yet rejected her nomination papers. Barrister Azfar relied upon the case of Ghulam Mustafa Jatoi in which a constitutional petition was filed and interim relief was given. He submitted that his client had a strong prima-facie case to contest the election and the balance of inconvenience was also in her favour. He said that if interim relief was not allowed, the petitioner would suffer irreparable loss and the voters of NA-207 would be deprived of an opportunity to elect the petitioner. Counsel Farook H. Naek pointed out that in case interim relief was not granted the name of the petitioner would not appear on the ballot paper and she would not be able to challenge the elections even under the election laws, whereas no harm and/or injury would be caused if the petitioner was allowed to contest the election. The court then put off the hearing to Aug 27. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- 'Amendments to give Martial Law permanence' ------------------------------------------------------------------- By Saleem Shahid QUETTA, Aug 22: The senior deputy chairman Pakhtoonkhwa Milli Awami Party, Abdur Rahim Mandokhel, rejected the constitutional amendments announced by President Musharraf on Wednesday and described it a permanent form of Martial Law in the country. Giving reaction over the amendments here on Wednesday, he said that the PMAP had already expressed its apprehension regarding military government's designs regarding imposing permanent military rule in the country. "We are continuously saying, the present government wanted to impose a permanent martial law in the country and it was proved today true when President Musharraf announced constitutional amendments," Mr Mandokhel said adding that the government has now imposed a military constitution in the country. The PMAP leader strongly opposed the formation of Security Council and said that it will be a permanent hanging sword over the head of an elected government and parliament. "There is no need of National Security Council. The parliament itself could play the role of NSC," he added. He said that his party would not accept these illegal constitutional amendments and would resist them. He urged upon all the political parties to get united and resist these amendments with full force. He said that through these amendments military generals would remain involved in the affairs of the civil government. He appealed to all political parties and civil society organizations to take serious notice of these constitutional amendments and evolve a joint strategy for launching struggle against it. Secretary Gen Awami National Party Dr Inayatullah said that the supreme court should review the constitutional amendments announced by the President Musharraf. Sardar Sanaullah Zehri chief of newly formed Balochistan National Democratic Party said that the president has no power to amend the constitution as only an elected parliament could do it. He said that now it depends on the new parliament that would it approve these amendments or reject it. The secretary general of Jamhoori Watan Party Mr. Khuda-i-Noor while committing on the amendments said that people of the country and political parties had already rejected all such amendments proposed or announced by General Musharraf. He said that on one side he was claiming to restore democracy in the country while on the other hand he announced that he would remain President and Chief of Army Staff for five years. The Secretary General of Jamiat Ulema-e-Islam, Maulana Abdul Ghafoor Haideri also rejected the amendments and said that Supreme Court of Pakistan has no power to authorize any person or General to make any amendment in the constitution. He said that General Musharraf should have to present all these amendments before the elected parliament but he ignored all rules and regulations and made amendments by himself. The president of Balochistan National Party, Sardar Akhtar Mengal, while rejecting the amendments said that all political parties should shun their differences and get united for launching a joint struggle against these amendments. He suggested that all political parties should boycott the coming general elections as protest against these illegal constitutional amendments. He said that the new parliament would be just a rubber stamp, as all powers would be with the president. Jamal Khan Jogezai central leader of Pakistan People's Party has also rejected the constitutional amendments and said that president has no powers to take such important decisions which could only take an elected parliament. He demanded that Gen Musharraf should conduct free and fare elections and should hand over the government to the elected representatives of the people. The provincial president PML(Q) Balochistan, Jam Mohammed Yousaf, however, welcomed the constitutional amendments announced by the president and said that it would necessary in the larger interest of nation and promotion of democracy in the country. Committing on the amendments he lauded the minimum required amendments in the constitution and said that President Musharraf by restoring article 58 (2-B) had blocked the way of martial law and in future if the circumstances went worse, president could dissolve the assembly. He also welcomed the amendment authorizing the president for appointing chairman Joint Chiefs of Staff committee and services chiefs and said it would create balance of power between president and prime minister. Regarding the constitution of National Security Council, the PML-QA Balochistan, Jam Yousaf said it would play a role of a bridge between the president and the parliament and termed it beneficial for a better democracy in the country. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- Benazir files papers for 2 NA seats ------------------------------------------------------------------- By M.B. Kalhoro LARKANA, Aug 22: Nomination papers of PPP chairperson Benazir Bhutto for two National Assembly seats were filed on her behalf by some PPP leaders here on Thursday. The former prime minister is a candidate from the constituencies of NA-204 Larkana-I and NA-207 Larkana-IV. Ms Bhutto has attached a copy of her MA degree from Oxford University with the nomination papers. Mohammad Ayaz Soomro, president of the district bar association and senior vice-president of the PPP in Larkana district, and Dr Ashraf Abbasi, a former deputy speaker of the National Assembly, filed Ms Bhutto's papers with the returning officer for NA-204 Larkana-I, Abdul Ghani Soomro. This was the constituency from where Begum Nusrat Bhutto had previously been elected. Later, they went to Ratodero and filed her papers for NA-207 Larkana-IV with Akhlaque Hussain Larik, the additional district and sessions judge. Advocate Zulqarnain Abro and Mazhar Ali Junejo are the proposer and seconder of Ms Bhutto for NA-204, respectively. Aijaz Leghari and Shafique Ahmed Soomro are the proposer and seconder for NA-207, respectively. Mr Soomro said that scrutiny of papers for NA-204 and NA-207 would be held on Aug 26 and Aug 30, respectively. It would only be after the scrutiny that the returning officer would announce the acceptance or rejection of nomination papers, he added. Shamim-ur-Rahman adds from Karachi: Ms Bhutto's petition challenging the government's bid to prevent her from contesting the elections is now fixed for pre-admission hearing on Aug 27. Her counsel's plea for restraining the returning officers from pronouncing order on her nomination papers until her petition is decided, was not accepted by a division bench of the Sindh High Court. Justice Sabihuddin Ahmed observed that "you can always file a nomination paper. The court can always grant you relief if it comes to a conclusion that amendments are invalid". DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- Muttahida threatens boycott ------------------------------------------------------------------- Staff Correspondent HYDERABAD, Aug 22: The deputy convenor of Muttahida Qaumi Movement's coordination committee, Aftab Ahmad Sheikh, hinted at the possibility of boycotting the October elections in case hurdles were created in the way of the party. Talking to a group of newsmen after obtaining nomination form for NA-219, Sheikh, however, said the MQM had not still decided to boycott the polls. However, he did not altogether rule out the possibility of boycotting the polls in case his party was not allowed to enter certain areas where, according to him, the MQM had 12 to 15 provincial assembly and six to seven National assembly seats. "What will be the use of any such election when we are denied permission to contact our voters and attempts are made to forcibly prevent the MQM from winning some seats," Sheikh said. He, however, added his party was making full preparations to contest the polls. He said his party had already brought its complaints with regard to the existence of "no-go areas" on record and it was up to the authorities concerned to take notice of it. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020822 ------------------------------------------------------------------- Amendments irreversible: Musharraf ------------------------------------------------------------------- By Faraz Hashmi ISLAMABAD, Aug 21: President Gen Pervez Musharraf said the constitutional amendments incorporated by his government are irreversible and need no validation by the parliament to be formed after October elections. If the future parliament tried to reverse amendments particularly the one pertaining to the National Security Council either "they will have to quit or I will quit," President Musharraf said at a press conference held here at PTV Chaghi auditorium. "I am here by making it a part of the constitution through the powers given to me by the supreme curt I do not need assembly's approval," Gen Musharraf said in a very categorical terms when newsmen repeatedly asked whether these constitutional amendments were subject to the approval of future parliament. The newsmen were curious as to what would happen in case of a hung parliament and the government failed to muster two- third majority required for validation of the amendments. Gen Musharraf minced no word in making it plain that these amendments would not be required to be ratified or approved by the parliament. The president, who in his opening remarks had made abundantly clear that any body having any objection on these amendments could take legal recourse, said the supreme court had given him the mandate to amend the constitution and they had exercised it 'in the national interest.' When pointed out that some critics had been asserting that the supreme court had no powers to amend the constitution then how it could delegate these to any individual or institution, he said, the matter could be referred to the apex court of the country. The president said that he would continue as the president and the chief of army staff for the next five years and a provision to this effect had already been incorporated in the constitution. He said they had amended the Article 41(7) and he would relinquish the charge of chief executive. He was not sure about the dates on which his fresh tenure of five years would start. He had to consult Gen Tanvir Hussain Naqvi, the author of these controversial constitutional amendments. Mr Naqvi like an efficient sub-ordinate sprang in his seat saying that his fresh term would begin the day he would assume the charge as the president. However, Mr Naqvi did not give any specific date but he was positive that it would not start from the date of the holding of referendum. Replying to a question about the powers of the future prime minister, he said, he would be totally empowered to run day to day affairs of the government and to formulate different policies, including trade policy, financial policies etc. The president rejected an assumption that through the establishment of National Security Council, army's role in the running of the government would be legitimized. "I will not intrude in the running of the government," Gen Musharraf retorted. He expounded that the NSC would be set up to introduce a system of checks and balances. Every army chief had to face tremendous pressure by the public and forced to interfere in the affairs of the government. "I had visited president house for more than 100 times," he said referring to his tenure as the Chief of Army Staff before the military take over of October 1999. "If you want to keep army out you bring them in," the president said giving the rationale behind NSC. "In the presence of this forum the army chief would not take over," he added. "We have included those who can take this rash decision," he remarked later. However, the president repeatedly said that he is not in favour of army rule and believes in democracy. A number of questions were asked about the fate of Sharif family and PPP chairperson Benazir Bhutto. On asking such questions the president even lost his cool. He said: "what is your view that the looters and plunders would be condoned by the people," if they were voted into power. About the Sharif family, he said, they had gone abroad through an agreement between the two governments to which they were also signatory. He disagreed with a suggestion that the agreement should be made public. They (Sharifs) were unnecessarily creating confusion by issuing statements of their arrival knowing fully well that they could not come. When his attention was drawn towards an observation of the LHC he said the court had no knowledge of the agreement. Here the law minister bailed him out by saying that the court's ruling has become infructuous. The president said that no member of the family could return and contest the elections. In an emphatic tone he dispelled the rumours about postponement of elections saying they were determined to hold free, fair and impartial elections. About the lifting of ban on political activities, he said, it would be withdrawn at an appropriate time. However, he said no processions would be allowed and political parties would only have the opportunity to hold public meetings. He said there was no bar on politicians to appear on electronic media. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020822 ------------------------------------------------------------------- NSC set up; powers to sack govt restored ------------------------------------------------------------------- By Ihtasham ul Haque ISLAMABAD, Aug 21: President and Chief Executive Gen Pervez Musharraf issued the Legal Framework Order 2002 interjecting many amendments to the 1973 Constitution, particularly the restoration of Article 58(2-B) to dismiss the government and setting up of the National Security Council. The LFO 2002 shall come into force at once. The president unveiled the much-awaited amendment package at a news conference by saying that all the political and economic reforms introduced by his government as well as the LFO 2002 did not require to be validated by parliament. "We had been allowed by the Supreme Court to make necessary amendments to the Constitution and we have done this job for which I do not need any validation or approval of the future assembly," Gen Musharraf declared. Many proposed amendments, he pointed out, had been withdrawn after consultations with politicians, legal and constitutional experts, intellectuals and journalists. The proposals withdrawn related, among other matters, to the appointment of prime minister by the president and reduction of the term of senators from six to four years and that of the National Assembly from five to four years. The LFO 2002 created the provision of the NSC under Article 152A which says that there shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the state; and matters relating to democracy, governance and inter-provincial harmony. When reminded that Law Minister Khalid Ranjah was on record having stated that the future assembly could undo the new amendments, the president replied: "Yes, the new assembly could discuss them but we will not allow anyone to scrap them". He said there was a strong need for checks and balances for which it was imperative that the president had powers to dissolve the assembly. However, he added, such a decision would be taken with the active participation of the NSC. An amendment has been made to Schedule (Article 3) under which the Chief Executive shall relinquish the office of the CE on such day as he may determine in accordance with the Supreme Court judgement of May 12, 2000, and shall hold the office for a term of five years under the Constitution. The president has been empowered to appoint, in his discretion, the chairman Joint of Chiefs of Staff Committee and all the three service chiefs. Under the LFO 2002, there shall be 342 seats of the National Assembly against the existing 217, and it will include seats reserved for women and non-Muslims. Likewise, the Senate shall consist of 100 members against the present 87. The president said that a decision had been taken to create a Mediation Committee for removing differences between the Senate and the National Assembly. The Mediation Committee has been created by amending Article 71 which says that all the decisions shall be made by a majority of the total number of members of each House in the Mediation Committee. The Mediation Committee will have eight members each from the Senate and the National Assembly. Many amendments, the president said, were dropped and left to the future assembly whether to consider them or not. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020822 ------------------------------------------------------------------- PPP rejects constitutional amendments ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 21: The Pakistan People's Party has rejected President Gen Pervez Musharraf's announcement of constitutional amendments saying no individual has the right to make amendments to the Constitution. The PPP spokesman, Farhatullah Babar, commenting on the Gen Musharraf's news conference on the powers of the president and the setting up of the National Security Council, said: "the PPP rejects constitutional amendments." No individual has the right to make amendments to the Constitution, he maintained. "The PPP rejects the National Security Council as a body of checks and balances over the elected government and institutions of democracy... It is a device to re-write the civil-military equation on the military's terms, which no civil society can accept," Babar said. "The PPP believes that the regime, despite its machinations and massive pre-poll rigging, is mortally afraid of an assertive parliament coming into being which will not accept the amendments being imposed unilaterally by the regime. That is why it has resorted to massive emasculation of the Constitution to load the dice against civil society, political parties, and the institutions of democracy." He said parliament will be free to change the laws, and reject the constitutional amendments of the regime. The spokesman said the PPP was part of the ARD, which has declared that no ARD party, after being elected, would ratify the constitutional amendments as it was beyond the competence of a military general to make changes in the Constitution. The PPP rejects Musharraf's' contention that there was no need of approval for the constitutional changes from parliament. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020821 ------------------------------------------------------------------- Incursions might be going on into Valley: Musharraf ------------------------------------------------------------------- ISLAMABAD, Aug 20: President Pervez Musharraf has said that militants may still be crossing the Line of Control into occupied Kashmir. "The possibility is there...it's like the Afghan border, only much worse," Gen Musharraf told AFP in an exclusive interview at his official residence outside Islamabad. "Militants going across (a possibility)? Yes, sympathizers. A possibility of individual small groups going across is there, because when 700,000 troops of Indians can't block the borders, how can they expect us to block the borders?" However, Gen Musharraf said there had been no large-scale or government-sponsored movement of militants over the LoC since he pledged to halt the incursions earlier this year. OSAMA WHEREABOUTS: President Musharraf said he accepted that Osama bin Laden and Mulla Omar could be hiding in Pakistan's western border tribal belt. But, he observed, it was more likely they were sheltering in Afghanistan. "I won't entirely rule it out," he said of the chances that the two, who have eluded the 10,000-strong coalition of international troops, were being helped by sympathizers in the semi-autonomous tribal belt that borders Afghanistan. He insisted that Osama, if he had survived the US-led coalition offensive in Tora Bora in December and the Shahi Kot Valley in March, would have trouble hiding in Pakistan. "He is not the kind of person that would be moving alone or in a very small group, he would be moving in a very big group," Gen Musharraf said. "He's not an ordinary man. He must be moving with 100 to 200 people around him to give him all the protection, so that kind of group, such a large group, would not be able to hide in Pakistan." The president said there was a chance that Mulla Omar had crossed the porous mountain border. "I wouldn't negate it altogether, the border is very porous, inhospitable country, movement cannot be seen entirely. "Therefore I can't rule it out or say that there's an absolute zero possibility of his coming to this side. He could." However the absence of Afghan government authority beyond Kabul made conditions far more inviting for the fugitive Taliban leader inside his country, Gen Musharraf said. "He's an Afghan. He would be much more comfortable operating, moving within Afghanistan where it is very convenient to his movements because after all the writ (control) of the government is not there. "Why would he come into Pakistan?" "If I was he, I wouldn't come this side. It is much easier to stay there (in Afghanistan)." REGROUPING: The president warned that Al Qaeda may be re-grouping in Afghanistan because of the weakness of the Afghan government. Gen Musharraf said the failure of US-led forces and the Kabul administration to establish control outside the capital despite the massive US military campaign meant conditions were ripe for the militants network to re-emerge. "Taliban-cum-Al-Qaeda groups could be re-grouping because the government does not exercise control everywhere. "The writ of this Afghan government is not spreading all over Afghanistan, which it should have," the president said.-AFP DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020821 ------------------------------------------------------------------- Benazir's return to end in prison ------------------------------------------------------------------- ISLAMABAD, Aug 20: President Pervez Musharraf said that Benazir Bhutto would be arrested immediately if she flew back to Pakistan to contest the Oct 10 elections. "She goes to jail" as a convicted absconder, the president told AFP when asked about Ms Bhutto's much-vaunted plan to head home after four years in self-imposed exile to contest polls. The PPP chairperson has been convicted twice this year of absconding as she failed to return from abroad for two separate graft trials. The convictions disqualify her from the elections under a new electoral law ushered in by the government which bars absconders from running for office or leading political parties. The president said if Ms Bhutto went ahead with her plans he would not prevent her plane landing at Pakistani airports, nor prevent her entering the country through airport immigration. "She goes through in a normal manner and we arrest her and we take her straight to the jail," he said in an interview at his official residence. "Against Benazir there are dozens of cases. She better face them." The general accused both Ms Bhutto and PML leader Nawaz Sharif of ruining the country through corruption. SHAHBAZ SHARIF: Shahbaz Sharif, who has been in exile with Nawaz Sharif for 20 months, would also be stymied in his homecoming bid, the president said. "He'll board the next plane and go back to Saudi Arabia," if he tries to fly into Pakistan. "He can't come back." Gen Musharraf said the Sharifs had signed a "confidential" document agreeing to stay away from Pakistan for 10 years. The Sharifs deny any such pact exists. "They went because of certain assurances from the Saudi government, on their own sweet will," the president said. "They felt very happy leaving this country and going. You should see the photos when they left and when they arrived there, how happy they are, so in this agreement, I know that he won't come." Gen Musharraf said Pakistan needed new faces in its political arena.-AFP DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020821 ------------------------------------------------------------------- CEC asks government to amend law ------------------------------------------------------------------- By Rafaqat Ali ISLAMABAD, Aug 20: Chief Election Commissioner asked the government to amend the Representation of Peoples Act to restore the facility of covering candidates and allow the candidates to submit party certificate till the last date for the withdrawal of the candidatures. The Election Commission had received complaints from the political parties that the amended Representation of People Act had made it difficult for the candidates to file their nomination papers. It was complained that the amended law had made it mandatory that the candidate should file a declaration about his party affiliation at the time of filing of nomination papers along with a certificate from the political party showing that he was a party candidate from the constituency. An announcement by the Election Commission, said that the CEC Justice Irshad Hasan Khan had taken cognizance of the difficulties faced by the political parties and had recommended the president to immediately make appropriate legislation for the redress of the grievances for the political parties so that the requisite certificate might be submitted before the last date fixed for the withdrawal of candidatures. Raja Zafarul Haq of PML(N) had written a letter to the CEC complaining that the new procedure for filing of nomination papers required every candidate to submit certificate from his political party stating that he was the nominee of that particular party. It was further pointed out that previously, the procedure was that the parties used to submit certificate for allocation of party symbol to candidate after acceptance of their nomination papers and before publication of final list of candidates. The complainant said that under the new procedure, if papers of a candidate, whom political party had issued a certificate were rejected then that party loses the opportunity to field a candidate from that constituency. The PML representative had objected to the new procedure and had requested that the previous procedure which was adopted after a long experience of several elections be restored under which parties should be allowed to submit certificate of nomination in respect of candidate till publication of the final list of candidates accepted to contest elections from that constituency. The CEC also took notice of the reported amendment in the Punjab Local Government Ordinance, 2001, allowing Nazims and Naib Nazims to contest elections without tendering resignation from their respective offices. The CEC directed the Punjab government to immediately withdraw the reported legislation to ensure fair and transparent forthcoming elections. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- Kashmiri leaders never ignored Pakistan: FO ------------------------------------------------------------------- By Hasan Akhtar ISLAMABAD, Aug 19: Pakistan on Monday maintained that "genuine" Kashmiri leaders had never excluded Islamabad from any negotiations on the Kashmir dispute with New Delhi. Foreign office spokesman Aziz Ahmad Khan said this when asked about a report from Srinagar suggesting that the All Parties Hurriyat Conference leaders, who held talks last week with a non-official team of Indian interlocutors on the issue, had expressed willingness to go ahead with negotiations with the Indian government. The spokesman pointed out that the "genuine representatives" of Kashmir who had held talks with the Indian team headed by Ram Jethmalani had firmly stated that India, Pakistan and the Kashmiris had to be involved in negotiations to reach any settlement of the dispute. This, he added, was a position which the Hurriyat and Pakistan had always maintained. The spokesman said there were about 58 Pakistanis in the American detention camp in Guantanamo Bay and expressed the belief that almost all of them were innocent. He said the government would take up the question of their release with the American government as soon as it received report from the Pakistani officials who had visited the Cuban island for interrogating the detainees. Referring to a European Union team of elections observers, the spokesman said the team, already in the country, was welcome to Pakistan and it did not require any formal invitation or any Memorandum of Understanding to carry out its assignment. The spokesman assured that the security of the EU observers was being taken care of by the authorities concerned in the same normal manner as that for any other foreign visitors to the country. In reply to a question, he said a misunderstanding had arisen because of a statement attributed to EU team leader John Cushnahan about the electoral process to which the government had sharply reacted. However, he added, after a subsequent statement by Mr Cushnahan that his task was to observe the polls and in no way he intended to interfere with the electoral process the matter had been resolved. But, the spokesman wondered, why did not these foreign teams visit occupied Kashmir to observe farcical elections there and report their findings in the same manner as on events in Pakistan. His comments were sought on a statement by the American general leading the anti-terrorist campaign against Al Qaeda fighters that up to 1,000 of those extremists were operating from adjoining sanctuaries in Pakistan thus making it complicated for him to pursue the Osama supporters. Rejecting the statement by Lt-Gen Dan McNeill, the spokesman recalled that Interior Minister Moinuddin Haider had already refuted the general's assertion. Mr Haider had emphasized that Pakistan's security network was unbreachable and no Al Qaeda terrorist had been able to enter Pakistan. Asked how could one determine the veracity of the two statements, the spokesman said that Mr Haider was the interior minister who should know better about these things in the country. The spokesman said that about 11 Pakistanis detained in Afghanistan had been unfortunately killed recently in an attempted jail-break. He said the Pakistani ambassador in Kabul was in contact with the Afghan officials for the early release of about another 800 Pakistanis detained there. He recalled that President Pervez Musharraf during his visit to Kabul sometime back had been assured by President Hamid Karzai that the Pakistanis would soon be released and repatriated. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- Allotment of election symbols complete ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 19: The Election Commission allotted election symbols to 38 more political parties, including the PPP Parliamentarians and Pakistan Muslim League (N). The Election Commission turned down the request of five parties, including Millat Party of Farooq Leghari, for allotment of separate symbols on the grounds that they were the part political alliances. EC Secretary Hasan Mohammad told Dawn that the process of allotment of symbols was almost complete. The Election Commission would take up the case of those six parties that had resubmitted their documents after those were originally returned for not being in conformity with the Political Parties Order 2002, he said. Pakistan People's Party Parliamentarians headed by Makhdoom Amin Fahim was allotted the symbol of its choice - arrow. Pakistan Muslim League, now headed by Shahbaz Sharif, also got the symbol of its choice, tiger. Pakistan People's Party (Sherpao), which was also a contender for arrow, got lamp. Another faction of the PPP, Shaheed Bhutto, led by Ghinwa Bhutto got 'fist' as election symbol. On Saturday, the Election Commission had allotted Muttahida Qaumi Movement the symbol of its choice - kite. Pakistan Muslim League (Quaid-i-Azam) was allotted 'bicycle' as election symbol. Pakistan Muslim League (J) had also applied for the same symbol and the EC had to draw lots between the PML (QA) and PML (J) for 'bicycle'. The EC stated that on perusal of record "it transpired that PML (J) was part of Grand Democratic Alliance and, therefore, not entitled to a separate symbol. Thus the symbol of 'bicycle' was allotted to PML (QA)". The EC stated that the allotment of 'bus' to the Grand Democratic Alliance was subject to deletion of the name of Pakistan Mazdoor Kissan Party, Islamic Democratic Front and Tehreek Wafaq Pakistan from the list of its component parties, as the request of these parties for registration as parties had been turned down by the EC on the ground that their documents were not in conformity with the provisions of the PPO. The EC said the GDA was required to delete the names of Pakistan Qaumi Pashtoon Tehreek and Jamaat-i-Islami (Modoodi Group) as those parties had not submitted their documents to the Election Commission. Pakistan Humwattan Party, Mohajir Ittehad Tehreek, Markazi Jamaat Ahle Hadis Pakistan, Balochistan National Party (Awami), Pakistan Muslim League (J) and Jamiat Ulema-i-Pakistan (Noorani) were not allotted separate symbols as their being part of the Grand Democratic Alliance and Muttahida Majlis-i-Amal. Following is the list of political parties and the election symbols allotted to them: PPP Parliamentarians, arrow; PPP (Sherpao), lamp; Pakistan Awami Tehreek, truck; Tameer-i-Pakistan Party, hammer; Balochistan National Democratic Party, spade; Balochistan National Party, axe; Pakistan Muslim League (QA), bicycle; Pakistan Muslim League (Jinnah), television; National Alliance, tractor; Nizam-i- Mustafa Party, clock; Muttahida Majlis-i-Amal Pakistan, book; National Awami Party Pakistan, fan; Mohajir Qaumi Movement Pakistan, candle; Qaumi Inqilab Party, boat; PPP (Shaheed Bhutto), fist; Sunni Tehreek, table lamp; Pak Wattan Party, railway engine; Balochistan National Congress, horse; Hazara Qaumi Mahaz, tumbler; Mohib-i-Wattan Nowjwan Inqilabion Ki Anjuman, cap; Sindh Democratic Alliance, dove; Kakar Jamhoori Party Pakistan, stag; Tehreek Hussainia Pakistan, bridge; Pakistan Shia Political Party, hukka; Pakistan Muslim League (F), rose; Ittehad Milli Hazara, bottle; Balochistan National Movement, saw; Labour Party Pakistan, trowel; Qaumi Jamhoori Party, sickle; Istiqlal Party, football; Shan-e- Pakistan Party, flower vase; Pakistan Pakhtoonkhwa Milli Awami Party, tree; Pakistan Muslim League (N), tiger; Grand Democratic Alliance, bus; Pakistan Democratic Party, umbrella; Pakistan Social Democratic Party, wrist-watch; Azmat-i-Islam Movement, spectacles; Pakistan Muslim League (Qasim), handpump. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- ARD demands caretaker setup for fair polls ------------------------------------------------------------------- By Ashraf Mumtaz LAHORE, Aug 19: The Alliance for Restoration of Democracy (ARD), if voted into power, will not act against Gen Pervez Musharraf for subverting the constitution, provided he hands over power to a caretaker government of national complexion to hold free and fair elections, coalition chief Nawabzada Nasrullah Khan declared here on Monday after a meeting of the alliance components. "We are not vindictive. But he (Gen Musharraf) should quit without delay, and hand over power to an interim government", the octogenarian leaders said at a briefing at the residence of Istiqlal Party chief Manzoor Gilani. Rejecting constitutional amendments package (already announced) as well as the 'abridged' one (expected to be enforced any time through a presidential order), the Nawabzada said the ARD parties would try their best to block their approval by the future parliament. No ARD party, after being elected, would ratify any constitutional amendment as it was beyond the competence of a military general to alter the basic law, he pledged. The alliance of over a dozen parties, including the PPP and PML(N), also refused to accept Gen Musharraf as an elected president and declared that if the ARD came to power it would hold fresh elections for the office of the president in accordance with the provisions in the constitution. The ARD chief, who has quitted electoral politics in favour of his sons and grandsons, strongly opposed the Muslim League (F) president Pir Pagara's proposal that general elections should be postponed for a period of six months. "We don't recognize as legitimate the three-year term the general says was mandated by the Supreme Court. The 140 million people of Pakistan should not be punished with an extra- constitutional rule". Despite the announcement of the election schedule, the Nawabzada said the ARD would remain intact. He said a committee had been constituted under his chairmanship for seats adjustment among the alliance components. Doors for adjustments were also open with other parties and alliances striving for the restoration of a democratic rule, he said. (PPP sources say that the time for adjustments was over as the party had almost finalized its candidates for all constituencies). He said that the alliance candidates would not indulge in character-assassination of each other during the election campaign even in those constituencies where adjustments were not possible. About the possibility of returning home of Benazir Bhutto and Nawaz Sharif to contest the elections, the leader from Khangarh said, they had the right to lead their respective parties in the polls. He pointed out that Mian Nawaz Sharif, Mian Shahbaz Sharif and Begum Kulsoom Nawaz would be filing their nomination papers; Ms Bhutto had also declared that she would return to contest the election. He told a questioner that the ARD would not accept the results of the elections, if rigged. He alleged that the government machinery was already involved in pre-poll rigging to get the desired results. He criticized the government for threatening to expel the European Union election observers, saying that they represented their governments and could not be treated as NGOs. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Parties, lawyers reject packages of amendments ------------------------------------------------------------------- By Shujaat Ali Khan LAHORE, Aug 17: An overwhelming majority of political parties which attended a 'joint meeting' sponsored by Pakistan Bar Council, vowed to scrap the constitutional amendments being proposed by the military government and elect a new president in accordance with the constitutional provisions. A joint declaration adopted by the meeting also called for resignation or removal of the Chief Election Commissioner to ensure the impartiality and credibility of the October polls. It also demanded an immediate withdrawal of all curbs on political activities to enable the parties and their candidates to launch their election campaign. PPP, PML(N), Jamaat-i-Islami, Tehrik-i-Insaaf, Muttahida Qaumi Movement, Awami National Party, JUP (Noorani), PDP, Pakistan Awami Tehrik, Jahmoori Watan Party, Pakhtoonkhwa Milli Awami Party and Jiey Sindh Mahaz supported the declaration and voted for it. The representatives of the Mohajir Qaumi Movement, which favoured the declaration, and of the Millat Party and the PPP (Shaheed Bhutto), expressed reservations and left before voting while the PML (QA) man restrained from giving any opinion about the declaration. AMENDMENTS: The meeting declared that amending the Constitution was the exclusive function of parliament and no other individual or institution had any authority to arrogate it or change it. It rejected the presidential referendum held in April and said it conferred no legitimacy on the president. The meeting condemned 'the pre-poll rigging being done through changes in the election laws and rules and through frequent transfers and postings of government officials and by use of intelligence agencies.' It demanded withdrawal of the election orders and ordinances which had virtually amended the Constitution and called for the establishment of an independent and impartial election commission. Elections should be held as scheduled and international observers should not only be allowed but facilitated to perform their job, the declaration said. The meeting, held in the Lahore High Court Bar Association's Shuhada-i-Karachi Hall, lasted for about four hours and was addressed, among others, by Qazi Hussain Ahmad (JI), Dr Mubashir Hasan (PPP-SB), Sardar Assef Ahmed Ali (PML-J), Qasim Zia (PPP), Akram Zaki (PML-N), Sikandar Hayat Malhi (PML-QA), Mairaj Mohammad Khan (TI), Mahmud Khan Achakzai (PKMP), Ehsan Wyne (ANP), Barrister Shahzad Jahangir (Millat Party), Nawab Mirza (Muttahida), K. M. Azhar (JUP-Noorani), Mohammad Nawaz Gondal (PDP), Abdul Khaliq Junejo (JSM), Khadim Husain Qaiser (PAT), Aamar Khan (MQM) and Amanullah Kanrani (JWP). Pakistan Bar Council vice-chairman Ashraf Wahla, PBC executive committee chairman Haleem Pirzada and Supreme Court Bar Association President Hamid Khan conducted the proceedings and read out the declaration. SYSTEM: The JI chief read out a representation made to President Pervez Musharraf by Muttahida Majlis-i-Amal leaders. He stuck to it in his one-to-one meeting with the president. It warned the president that constitutional amendments at this stage were misuse of the restricted power conferred on him by the Supreme Court. There should be no departure from the parliamentary system and separate electorate. He said the need of the hour was to mobilize voters and mount a vigorous election campaign. K. M. Azhar warned that the proposed amendments would convert the form of government into semi-presidential, if not entirely presidential. Dr Mubashir Hasan said the real issue was not any constitutional amendment but empowerment of the people. Unless the real power was transferred to the people, no law or constitution could prevent military take-overs and civilian misrule. Lawyers and the people at large should not pin hopes on those who served and promoted vested interests. He warned of a 'widening gulf' between the citizen and the state. Sardar Assef said the PML-J supported the campaign against the proposed constitutional amendments. The whole Constitution would revolve round the president and the prime minister would only act as an intermediary between the parliament, the president and the national security council. Mr Jahangir said Millat Party would consider the amendments on merit and would not blindly reject or accept them. The new parliament should have no objection to amendments made to introduce checks on arbitrary exercise of power. Those who misappropriated public money or indulged in corruption should have no right to contest elections. POWER TO PEOPLE: Mr Malhi said the PML-QA regarded the people as the source of power but could not close its eyes to realities. He urged the meeting to determine who chained the parliament first. Who got a constitutional amendment adopted within 14 minutes to render the MPs powerless? It was easy to talk in terms of idealism but difficult to practise it. Why political parties made a beeline to register themselves under the new Political Parties Order? He said his party had also made certain compromises in the long-term interest of a workable democracy. Qasim Zia said his party was proud that all political parties were today fighting for restoration of the 1973 Constitution, which was enacted by a government led by the PPP founder. The PPP got itself registered under the PPO but under protest. There should be no compromise on principles. Ehsan Wyne said that 1973 Constitution was made by a truncated parliament but his party joined in its enactment in the interest of democracy and federalism. It did not fulfil its promise because of unilateral amendments and under the new system envisaged by the government, even cities and towns would be under direct central rule. Akram Zaki warned of a constitutional crisis after Oct 12 when the government would lose whatever legal justification it has to rule under the Supreme Court judgement in Zafar Ali Shah's case. The government was more interested in constitutional amendments than a timely transfer of power, he said. CIVILIAN SUPREMACY: Mr Achakzai said the basic issue to be settled was that of civilian supremacy. Was Pakistan created for popular government or for military government? Smaller provinces had suffered more on account of frequent imposition of martial law, he added. Pakistan, he added, was passing through a critical phase of its history and it must be decided once and for all that military would perform the functions assigned to it without dabbling in politics. He appreciated that Lahore, which earlier supported military interventions, was hosting a meeting against a military regime. He said the 1973 Constitution was not the last word and it should be suitably amended to guarantee provincial autonomy. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- EC asked to disqualify 99 ex-MNAs, senators ------------------------------------------------------------------- By Syed Irfan Raza ISLAMABAD, Aug 17: The Capital Development Authority (CDA) has asked the Election Commission to disqualify 99 former parliamentarians from contesting the forthcoming general elections for non-payment of outstanding arrears of parliament lodges and hostels, a well placed source in the CDA told Dawn. The authority has sent a letter to the EC secretary, requesting him to take action against the defaulters so that they could pay their dues amounting to Rs5 million before participating in the polls. The letter said the authority had served several notices to the defaulters but they did not respond. Special senior magistrate of the CDA, Arshad Mehmood Chaudhry, had declared them defaulters under Land and Revenue Act, 1967. The authority has contended that as 100 former MNAs and senators had been declared defaulters, therefore they should not be allowed to contest the elections, the source said. The interior ministry had directed the district coordination officers (DCOs) to recover the outstanding accommodation arrears from the MNAs and senators. However, no DCO could recover the dues from any of the defaulters so far. He said the notices had already been served on the defaulters through the concerned DCOs of their areas. "If they do not pay their dues they should not be able to take part in the elections," he added. He said letters regarding recovery of dues would also be sent to the returning officers who will be appointed for the coming elections, so that the defaulters could not take part in the polls unless they retire their arrears. The source said two of the parliamentarians, Mr Asardas and Choudhry Zafarullah Tarar paid their arrears of Rs10,395 and Rs10,430 respectively. However, 99 former parliamentarians have not yet paid their dues. Of them 77 are stated to be former members of National Assembly and 22 former senators. Following is the list of the defaulters and the amount of their arrears: Mir Baksh Domki, Rs266,475; Malik Muhammad Ali, Rs220,630; Hafiz Fazal Ahmed, Rs202,705; Malik Kabir Khan, Rs196,695; Malik Zulfiqar Chamkani, Rs165,092; Dr Abdul Hai Baloch, Rs106,035; Mian Umar Hayyat, Rs140,987; Babu Ghulam Hussain, Rs103,215; Khawaja Kamaluddin Anwar, Rs164,251; Mian Noor Muhammad Bhapa, Rs128,394; Choudhry Muhammad Ashiq Dehal, Rs119,420; Malik Abdul Wahid, Rs168,386; Maulana Samiul Haq, Rs2,485; Tariq Aziz, Rs8,565; Ghulam Akbar Lasi, Rs18,446; Malik Mushtaq Ahmed Awan, Rs23,290; Iqbal Ahmed Khan, Rs4,080; Malik Mukhtar Ahmed Awan, Rs22,080; Makhdoom Rukan Din, Rs21,267; Sohrab Khan Khoso, Rs1,885; Ghulam Sabir c/o Fakhar Imam, Rs5,285; Haji Amanullah, Rs18,935; Arif Jan Hasni, Rs25,330; Mian Muhammad Shafi, Rs23,220; Malik Waris Khan, Rs10,080; M Adnan c/o M Sultan Gondal, Rs22,300; Ghulam Mustafa Bajwa, Rs18,270; Riaz Hussain Qureshi, Rs12,565; Samandar Razzaq, Rs26,275; Dil Murad Jamali, Rs2,800; Nawab M Yasin, Rs5,545; Ghulam Haider Talpur, 2,100; Khurshid Alam Cheema, Rs21,565; Qamar Zaman Khagga, Rs4,560; Shamim N.D.Khan, Rs5,850; Farid M. Jadoon, Rs21,400; Salim Khan Jalil, Rs24,815; Begum Razia Khanum Sarwar, Rs30,425; Sultan Ahmed Chandio, Rs34,010; Malik Syed Ahmed Khan, Rs46,997; Haji Annayat Jan, Rs25,655, Sobedar Khan Mandukhail, Rs78,135; Mian M. Amjad Joya, Rs4,410; Rao Qaisar Ali Khan, 83,830; Wazir Ali Bhatti, Rs19,679; Dr Ismail, Rs7,725; Nawab Amanullah Sihal, Rs788; Muhammad Ayub Jank, Rs3,360; M Zafar Advocate, Rs2,170; Ghulam Dastagir Khan, Rs2,075; M Ayub c/o Sanaullah Baloch, Rs16,200; Khalid Javed Garki, Rs5,250; Choudhry M. Iqbal Bosal, Rs15,320; Shakeel Ahmed Baloch, Rs50,280; Muhammad Nawaz Ilahi, Rs67,788; Muhammad Raza Khan, Rs41,185; Muhammad Ayub Ilahi, Rs24,214; Manzoor Ali Gichki, Rs31,285; Kamil Ali Agha, Rs8,880; Mian Muhammad Munir Rs12,515; Mian Aslam c/o Tehmina Daultana, Rs9,840; Rai Muhammad Aslam Kharal, Rs115,977; Sardar Younis, Rs14,290; Choudhry Altaf Hussain, Rs17,867; Ghulam Farid Kathia, Rs11,220; Pir Bakhsh Hashmi, Rs1,355; Khalid Maqbool Siddiqui, Rs28,785; Haji Arsalan Khan, Rs7,420; Irshad Amin, Rs16,795; Abdul Latif Afridi, Rs19,050; Syed Jamil Hussain Bukhari, Rs23,040; Syed Muzammil Shah, Rs8,455; Sardar Muhammad Yousaf, Rs18,385; Ali Akbar Wanees, Rs4,285; Qadir Bakhsh Hilla, Rs81,005; Nawabzada Ghazanfar Gul, Rs8,100; Sardar Tariq c/o Raja Muhammad Afzal, Rs8,490; Father Rofen Charles, Rs45,105; Syed Sajjad Haider, Rs28,090; Maulana Muhammad Lakhvi, Rs12,595; Mian Akhtar, Rs28,650; Qasim Ali, Rs36,250; William Naz, Rs30,495; Pir Aftab Shah Jilani, Rs8,060; Jorge Clement, Rs54,850; Arbab Ghulam Rahim, Rs2,590; Syed Javed Shah, Rs1,330; Muhammad Ayub Afridi, Rs4,320; Moti Begum Milani, Rs10,641; Choudhry Sakhi Jan, Rs73,170; Jam Muhammad Yousaf, Rs19,665; Zuhair Akram, Rs2,701; Abdul Waheed, Rs49,680; Shaikh Rashid, Rs11,530; Sardar Asif, Rs54,565; Ishtiaq Ahmed, 2,820; Hafiz Muhammad Taqi, Rs6,930; and Muhammad Iqbal c/o M Akram Ansar, Rs12,880. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020819 ------------------------------------------------------------------- CEC takes notice of PPP leaders' complaint ------------------------------------------------------------------- ISLAMABAD, Aug 18: Chief Election Commissioner Justice Irshad Hasan Khan took serious notice of a complaint from Larkana regarding setting up of polling stations other than previous places and issued directives to set up polling stations in the government- owned buildings such as schools or colleges. On a complaint filed by the PPP leaders from Larkana about setting up of polling stations, the CEC said he took cognizance of the complaint and called for report from the concerned district returning officer. The CEC said: "I have gone through the news item published in a newspaper about the change of polling stations in the constituency of Benazir Bhutto, Chairperson Pakistan People's Party, in district Larkana, and perused the draft list of polling stations received from the election officer, Larkana." The CEC said that according to manual of instructions, the list of polling stations is to be prepared by the concerned returning officer after visiting the site and looking to the convenience of the voters of the area. The chief election commissioner said till today (Sunday) the returning officer concerned had not prepared the final list of polling stations and the same would be prepared by them after proper inspection of the site, and looking to the convenience of the voters of the area. He said if any candidate or voter had objection to the establishment of the polling stations shown in the proposal provided, he may approach the returning officer concerned or the Election Commission and assured that such grievances would be redressed according to law. The CEC said that the provincial Election Commissioner, Sindh, has also stated in his report that the proposals for setting up polling stations will be finalized by the respective returning officers after spot and physical verification and will be finally approved by the district returning officer (district and sessions judge) in accordance with the provisions of the law. -APP DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020819 ------------------------------------------------------------------- PPP urges CEC to reconsider decision ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 18: The Pakistan People's Party has urged the Chief Election Commissioner to reconsider the single identity condition and permit the use of multiple identity condition for voting as it existed in all elections until 1988 when rules were arbitrarily changed. The demand has been contained in a letter by party's acting secretary general Mian Raza Rabbani to Chief Election Commissioner Justice Irshad Hasan Khan (retired). "The Pakistan People's Party's fair election program emphasizes the need for voters to use multi-identity cards. The use of the single identity card gives the state apparatus a massive advantage and puts the voter at a serious disadvantage," Rabbani said. The PPP also forwarded a copy of an article in the South Asia Tribune with the heading, "Is this a grand plan to rig the October elections," saying that is envisaged on the basis of the single identity card, namely the new card prepared by the military regime. According to the South Asia Tribune, Rabbani said, the October polls in Pakistan were in serious trouble as the Musharraf government had failed to provide almost 10 million qualified new voters their computerized National Identity Cards (NICs) "without which they cannot vote. If this NIC condition is waived at the last moment, a new Pandora's Box will open with chances of massive rigging and manipulation by all sides. Almost 1.2 million records are missing, 500,000 applications in Sindh were waiting to get printed which could not be done." He said the report revealed that eight million applications were pending which needed to be disposed before the October polls. "This is an astounding figure which can totally change the complexion of the elections unless the Election Commission intervenes." The South Asia Tribune says: "Although it looks an administrative and management problem, the entire mess smacks of a subtle political game to take away the voting rights of hundreds of thousands of voters, a substantial number from Sindh province; who are likely to support anti-Musharraf parties," the letter said. The PPP urged the CEC to take notice of this report and "restore voter confidence by doing away with single identity card which is in the control of the regime and permitting the multi-identity card with which challenged identities can be confirmed. Pakistanis have many identity cards, including passports, driving licenses," the letter said. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020819 ------------------------------------------------------------------- Musharraf reuniting turncoats: PML-N ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 18: Pakistan Muslim League (N) Chief Coordinator Ahsan Iqbal, for the first time, criticized Jamaat-i-islami chief Qazi Hussain Ahmed, without naming him, for holding 'hours long' meeting with President Gen Pervez Musharraf. In a statement, PML leader said the people were well aware of those leaders who "speak tirelessly against Gen Musharraf and his policies when amongst them (people) but readily go and hold hours long meetings with him whenever a 'whistle' is blown from the president house." He said the PML, under the instructions from Mian Nawaz Sharif and Shahbaz Sharif would be contesting elections from every constituency to bring sincere and capable party workers forward. This, he said, was all the more necessary to enforce revolutionary reforms after coming into power for establishing a system based on social justice. He said the October polls would be contested on issues of moral character and loyalty. He alleged that President Musharraf had relaunched the factory of 'lotas' (turncoats) where the turncoats from both the big parties were being brought together. But, he claimed, they would lose even their securities in the elections as the people abhor disloyalty and 'lotaism.' Iqbal said the procedure of ticket allotment to party candidates as announced by the Election Commission would become a procedure to deter the alternate candidate from getting the ticket allotment. Under the new procedure, the candidates would be required to submit their party tickets along with the nomination forms whereas under the old procedure the political party was required to issue its ticket after admission of the nomination papers of a candidate. Accordingly, the candidate was required to get his party's election symbol after submitting the party ticket with the returning officers. He demanded that the EC should immediately restore the old procedure of tickets allotment, otherwise, it would be deemed "as a way of pre-poll rigging." Iqbal said the people were very keenly viewing the role of political leaders and they were well aware of those who delivered speeches against Musharraf but whenever whistle blew they did not hesitate to hold hours long meeting with him. He said the coming polls would, in fact, be a referendum against Gen Musharraf's policies. The economic policies of Musharraf, he alleged, had turned Pakistan into a village of poverty where the poor were forced to commit suicide and the youth were playing in the hands of terrorists due to grueling unemployment. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Musharraf assures Fahim of fair polls ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 17: President Gen Pervez Musharraf held a one-on-one meeting with the president of the Pakistan People's Party Parliamentarians, Makhdoom Amin Fahim. The meeting, which has created quite a stir in the political circles, lasted for three-and-a-half hours in a very congenial atmosphere, the party sources said. A party press release mentioned only the issues that were raised by Mr Fahim at the meeting without any reference to the replies given by President Musharraf or the purpose for which the PPP Parliamentarians chief was called from Lahore. The meeting was held as part of the ongoing consultation process between the government and the political leaders, the official media said. Earlier this week the president had held a similar meeting with the chief of Jamaat-i-Islami, Qazi Hussain Ahmad. "By rejecting the invitation we do not want to give an impression that we are spoilers or taking a confrontation course with the government," a party source said. President Gen Pervez Musharraf, according to the official media, reiterated that the elections would be held as scheduled in a transparent, free and fair manner. Before accepting the official invitation, Mr Faheem sought permission of Benazir Bhutto in London, the Parliamentarians sources said. Mr Faheem stressed the need for a level-playing field for all political parties and leaders. He apprised the president of the concerns that some parties were being openly and tacitly supported by the government. The issues of the release of political prisoners and Benazir- specific absentee laws with retrospective effect and one-sided application of accountability laws were also raised by Mr Fahim, who, according to the party sources, made it clear that such steps were vitiating the atmosphere for a fair and free election. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- EC rejects PML(Z) documents ------------------------------------------------------------------- ISLAMABAD, Aug 17: The Election Commission rejected the papers of Pakistan Muslim League (Ziaul Haq) on technical grounds and declared the party ineligible to contest elections. This was decided by the Election Commission at a meeting on Saturday. Chief Election Commissioner Irshad Hasan Khan presided over the meeting. The EC rejected the party's documents on the ground that Ejazul Haq was a member of PML(QA) and while formulating new party he did not complete necessary requirements under the PPO 2002. - APP DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Benazir firm on contesting polls ------------------------------------------------------------------- KARACHI, Aug 17: Former prime minister Benazir Bhutto said that she remains determined to contest Oct 10 elections, despite being disqualified from running in the polls by President Pervez Musharraf. The two-time former prime minister said if she remained barred from contesting the forthcoming poll, the elections would lack credibility. "I am sure people will question the credibility of an electoral process where their chosen representative is excluded," she told AFP in an interview from London. "I hope that I can participate and look toward the people ... of Pakistan to support the People's Party Parliamentarians (PPP). I hope to run for premier myself as I am still qualified to contest and I will file my nomination papers by Aug 24," she said referring a deadline set by Electoral Commission. Benazir told AFP earlier this month that she would return to Pakistan in late August or early September to pursue her bid for re-election, despite threats that she would be arrested on her arrival. But she still has to win a legal battle which was adjourned on Friday until Aug 21 to qualify for participation in the Oct 10 polls. She is contesting two laws which have resulted in her disqualification from the elections, the first since President Pervez Musharraf seized power in the take-over in October 1999. Her lawyers are challenging one law introduced last year which requires defendants to be present in person at trials, and another introduced this month which bans "absconders" from running for election. Under the 2001 law, Benazir was convicted twice this year of absconding after she failed to return to Pakistan to appear corruption trials in May and July. Ms Bhutto, who was dismissed on corruption charges in 1990 and 1996, maintains that the laws are "Bhutto-specific" and has accused Musharraf of acting to prevent her returning to politics. "(Now) there is a morally bankrupt and corrupt mafia that has strangled democracy in Pakistan to rob our citizens of their right to freedom and human dignity, equal opportunity and progress," she told AFP on Saturday. Her legal team have told the court in Karachi that only voters should be allowed to decide who can and cannot be elected. "My client has been elected (to parliament) four times, was twice prime minister and has now been subjected to victimization through unconstitutional means," lawyer Kamal Azfar said. Pakistan People's Party (PPP) pulled out of the elections on the basis of her disqualification and formed a separate wing called the People's Party Parliamentarians (PPP) to contest the elections without her. Party leaders say Benazir would be elected Prime Minister by its members should the PPP win the election. Meanwhile, the People's Parliamentarians kick-started its election campaign on Saturday when over 300 party workers went to collect nomination papers for Benazir in Larkana, party leaders said. Veteran party leader, Ashraf Abbasi, was authorized by Benazir to collect nomination papers for registration as a candidate in Larkana, her home constituency, Abbasi's son Munawar Abbasi told AFP by telephone. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- LHC rejects plea against Benazir's conviction ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 19: The Rawalpindi bench of the Lahore High Court refused to entertain a petition challenging the conviction of former prime minister Benazir Bhutto in absentia in three different corruption references, including SGS, ARY and assets case, on the grounds that it was not competently filed. A division bench, comprising Justice Shabbir Akhtar and Justice Mian Jehangir, rejected the petition after upholding its office order that petitioner Sardar Latif Khosa advocate was not competent to file the petition on behalf of Benazir Bhutto. In his petition, Latif Khosa has pleaded that his client (Benazir Bhutto) has been exempted from personal attendance by a competent court and that he has been directed to appear on her behalf, therefore, the accountability court should be directed to recall the orders of declaring Ms Bhutto a proclaimed offender and her conviction for three years under Section 31A of the National Accountability Bureau Ordinance for being ab initio void. The petitioner also stated that the accountability court had rejected his similar application without proper hearing which was against the administration of justice and that Ms Bhutto was condemned unheard. The petitioner stated that the then Ehtesab Bench of the LHC, Rawalpindi bench, while hearing the ARY Gold reference during the Nawaz Sharif government had allowed Benazir Bhutto to leave the country after exempting her from personal appearance. Benazir Bhutto has been awarded three years rigorous imprisonment after being declared proclaimed offender in ARY, SGS and asset case for her failure to appear in the court. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Benazir's plea to be reheard on 21st ------------------------------------------------------------------- Staff Reporter KARACHI, Aug 17: A constitutional petition of former prime minister Benazir Bhutto challenging the legality of a criminal case against her under the Ehtesab Act of 1997 will be reheard on Aug 21. Because of the delay in the announcement of judgement for more than a year, the petition has now been directed to be reheard on Aug 21 for which notices have been issued to all the respondents as well as to law officers of the federal government. Ms Bhutto had filed a constitutional petition before the Sindh High Court on October 16, 1997 challenging the legality/propriety of the criminal cases under the Ehtesab Act of 1997 and her character assassination through alleged media trial during the government of now exiled prime minister Nawaz Sharif. After hearing arguments, a division bench of the SHC, comprising Justice S. Ahmed Sarwana and Justice Mujeebullah Siddiqui, had reserved judgement on May 23, 2001. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- Asif's petition dismissed ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 23: The Lahore High Court, Rawalpindi Bench, has dismissed Asif Ali Zardari's petition, seeking a direction for the accountability court that it should first decide on his application seeking quashment of the case, before starting final arguments in the Steel Mills case. A division bench of the LHC, Rawalpindi Bench, after hearing Abdul Baseer Qureshi, who argued that the petitioner was employing delaying tactics, dismissed the petition. The petitioner had contended that its application under section 265K of CrPC should be decided before starting final arguments in the Steel Mills reference. Under this provision, the court has powers to acquit an accused at any stage of the case, if it, after hearing the prosecutor and the accused it consider the accused had no chance of being convicted. The NAB counsel stated that the case of Asif Ali Zardari was in the final stages and the petitioner was employing delaying tactics to thwart the decision. He said that evidence of both sides have been completed and the high court had fixed Aug 27 for the start of arguments. Asif Ali Zardari, who behind bars since 1996, is carries no conviction so far. His conviction in the pre-shipment case in 1999, was set aside by the supreme court and the matter was remanded to the competent court. There are total of 13 cases against Asif Ali Zardari. Six pertain to his alleged corruption and six others are criminal cases including four murder cases. He has been granted bail by court in 12 cases so far, but the government put up another case against him before his released. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Cases against Benazir, Asif: NAB viewpoint ------------------------------------------------------------------- ISLAMABAD, Aug 17: A spokesman of the National Accountability Bureau dispelled the impression created by news reports that the government was prolonging the accountability cases against former prime minister Benazir Bhutto and Asif Ali Zardari. "It is clarified that several cases pending against the former prime minister and her spouse are being prolonged by them and not by the NAB," the spokesman said. He said a large number of adjournments had been obtained by the defence lawyers on one pretext or the other and cases were not allowed to proceed. "The accountability courts grant adjournment in their own discretion by granting requests of defence counsel in order to provide maximum opportunity to the defence in the interest of justice," he pointed out. The spokesman referred to Steel Mills case in which 14 adjournments were obtained by defence lawyer of Asif Zardari and 22 adjournments in assets case. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- Arguments continue: Meerwala case ------------------------------------------------------------------- Staff Correspondent MULTAN, Aug 23: The rape accused cannot be penalized merely on the statement of a woman (the victim) because this is what God orders. This was claimed by the defence in the Meerwala gang-rape case while giving final arguments. Defence counsel Malik Muhammad Saleem argued that punishment for Zina in Islam is 'stoning to death' and, therefore, at least four Tazkiya Alshahud (eyewitnesses) must testify the occurrence. He said previously the facility of serological test was not available but now this had become possible with the advancement in technology to ascertain who was guilty of the rape. But the police did not bother to get conducted this test in such a high-profile case. Defending accused Ghulam Farid, juror-rapist, the defence counsel said he was implicated in the case because Maulvi Abdul Razzaq (PW11) had an enmity with his father-in-law over the allotment of a piece of land. He argued that the name of Farid's father was given in the FIR as Mehmood which, later on, in a supplementary statement changed as Allah Bakhsh. He said the complainant should have got registered the case with due care because it was being reported after a gap of eight days. He said neither Mukhtaran Mai asked the police to correct the name of Farid's father at the time of case registration nor her father, Ghulam Farid, and uncle Sabir Husain pointed at this at the first instance. While got changing the name of Farid's father in her supplementary statement, she took an excuse that Sabir pointed out to her about the mistake at home. Though Sabir Husain (PW13) was present when the FIR was being written. He pleaded that Farid was not a relative of Abdul Khaliq, and that he was a married person with kids. "Why does he destroy his family life without any justification (by committing rape)." The other accused, Allah Ditta, was the elder brother of Khaliq. He was also a father of four. The defence counsel questioned that how could a person commit rape in a house where he lived with his children. He claimed that brothers could not commit rape in each other's presence. He demanded that the statement of the victim in this regard should not be accepted as true in the light of a Supreme Court ruling (SGMR, 1989, Page No. 1851) that brothers could not join hands in Zina Biljabar. The counsel said Islam has a 'golden principle' that there is no harm in acquitting 10 accused guilty of a crime in order to save one innocent. In defence of chief juror Faiz Muhammad Mastoi, the counsel referred to the FIR which revealed that except Khaliq, Farid and Ramzan Pachaar all the participants of the gathering, including Faiz Muhammad, opposed the idea of 'rape for a rape'. When Khaliq clutched Mukhtaran Mai, Faiz asked him to pardon Ghulam Farid as his daughter had come to beg mercy. He alleged that while deposing before the court she improved her statement by terming Faiz's role as 'Siasi and Duniavi' only to implicate him. Among the PWs, only Sabir Husain had claimed that Faiz Muhammad shouted when Mukhtaran Mai came before the panchayat: "Take her and subject to rape". The defence counsel pleaded that according to the FIR, there were four eyewitnesses - Ghulam Farid, Sabir Husain, Ghulam Nabi and Altaf. He said the prosecution had given up Farid and Ghulam Nabi as the witnesses presented before the court. He said Altaf was an eyewitness but his statement had not been recorded under Section 164 CrPC "because, in fact, he was not present at the time of occurrence." While about Sabir, the victim herself had stated that he was not present in the house of Khaliq where she was raped. He said while Ghulam Nabi in his statement to police had denied that he was there at the time of the crime. "Hence, there is only a solitary statement of the victim which support her claim," the counsel stressed. During his incomplete arguments on Friday, the defence counsel on a number of occasions cited that the police and doctors (who carried out medical examination of the victim and the accused) were under the immense government pressure to give 'positive reports' because the case had been highlighted here and abroad. The defence had yet to complete his arguments when the judge adjourned the proceedings for Saturday. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- Defence raises qualms about case registration: Meerwala case ------------------------------------------------------------------- By A Correspondent MULTAN, Aug 22: The defence in the Meerwala gang-rape case, under trial at Dera Ghazi Khan anti-terrorism court, raised question on the circumstances under which the incident was reported to the police. Defence lawyer Malik Muhammad Saleem broached his arguments as the trial entered the decisive stage after the completion of the statements of both prosecution and defence witnesses on Wednesday. The defence counsel pleaded that in the first place it was doubtful whether complainant Mukhtaran Mai's statement which was recorded at Jhugiwala had reached the police station. The victim had deposed that on June 30 last she and others came across the Jatoi police station in-charge Nazeer Ahmad Babbar at Jhugiwala Chowk when they (complainants) were on their way to the police station to lodge the FIR. The counsel said the prosecution witnesses had given different score in their respective statements recorded under section 164 CrPC regarding the time and space of the registration of the FIR. He quoted Maulvi Abdul Razzaq (PW11) as stating that the victim's statement was recorded on June 29 while Mukhtaran Mai (PW14) stated that she lodged the FIR on June 30. He said the witnesses of the registration of FIR kept reshuffling with the very next statement of her and others. He said, therefore, there were gross inconsistencies as to when, where, how and under whose presence the FIR was lodged. Exploiting the eight-day delay in the registration of the case from the date of occurrence, the defence counsel said everything like fabrication, substitution, deliberations and after thought were possible in a delayed FIR. He said the delay was not as vital in a case where the accused was only one as it could prove 'fatal' in the case having more than one accused. He pleaded that the delay in the registration of FIR in this case was significant in the backdrop of strained relations between the complainants and the accused due to Shakoor-Salma episode. He also pointed out that the FIR contained left thumb mark of the victim instead of right which was legally necessary. He said the Anti-Terrorism Act made the report of an intelligence agency mandatory regarding the under-trial case but in the Meerwala case, there was no mention of any intelligence agency's report in the statement under section 173 CrPC. He said the intelligence agencies were subjected to cross-examination, if their reports had to be relied upon. While bringing into question the conduct of various PWs, he said eyewitnesses to the incident, Altaf and Maulvi Razzaq, were real brothers who lived in the same house but the former did not inform the latter about what had happened after his (Maulvi Razzaq's) departure from the Panchayat. He said it was unnatural that Razzaq did not bother to know the fate of Gujjars (the victim family) whom he represented in the Panchayat. He said even the eyewitnesses to the incident, Altaf and Ghulam Nabi, did not inform the police about the gang-rape, though, they later appeared before the court as PWs. The defence counsel also questioned the conduct of Jatoi police officials who went several times to the Meerwala after the incident. But they claimed no one had informed them about the gang- rape incident, the counsel said. He said Khalil and seven others, challenged for being the part of strong Mastoi gathering that enforced the Panchayat's verdict of the gang-rape, had not been named in the FIR while the police had also placed them in the column two of their challan documents. He said none of the PWs, except Mukhtaran Mai, had given statement against them. "Only the woman (Mukhtaran) had named them," he stressed. He alleged the police had arrested the 'innocent' people to appease the media and the government. He cited the instance of rape accused Fayyaz Husain who he said had been substituted instead of the actual accused. The defence counsel said the PW11, Maulvi Razzaq, had not even once mentioned the word 'zina' (rape) in his statements and instead he used the word 'ziadti' (excesses and abuses). He claimed he did not use the word 'zina' deliberately as he was afraid of 'kazzaf' (punishment of telling a lie). The defence counsel was on legs when the court adjourned proceedings of the case for Friday (today). DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020822 ------------------------------------------------------------------- Meerwala: defence starts arguments today ------------------------------------------------------------------- By A Correspondent MULTAN, Aug 21: Counsel of the accused in the Meerwala gang-rape case, under-trial at the Dera Ghazi Khan anti-terrorism court, closed defence on Wednesday. Both defence and the prosecution had submitted a number of documents to the court to make those a part of the court file. Those were mainly newspapers relating to the incident. The defence is likely to start its arguments from Thursday (today) and will take two days to finish the task. Then the prosecution will offer its arguments. It was the 20th day of the in-camera trial of the Meerwala case. The Supreme Court of Pakistan had taken suo motu notice of the incident and had given three weeks to the trial court to decide the case on July 18 during the hearing of the notice. Earlier, when the court resumed proceedings of the case, the defence counsels requested the court to give up inspector Riaz and head constable Mukhtar Ahmad as the defence witnesses. The two officials were present in the court for being summoned on the application of defence. Subsequently, the defence counsels started re-examination of the statements of Mukhtaran Mai, her uncle Sabir Husain and Maulvi Abdul Razzaq for the alleged statements they recorded to Dera Ghazi Khan range crimes SP Mirza Abbas for a departmental inquiry to point out lapses on the part of Jatoi police. All the three recalled PWs were present in the court. During their separate cross-examination on Wednesday, they said the police had got signed blank papers from them. Mukhtaran Mai (PW14) said when Inspector Riaz read out her statement before the SP, she objected and made it clear that this was not her statement. To the defence queries, she confronted with the details of the incident recorded by inspector Riaz, saying that this was not her statement. It may be added here that when SP Mirza Abbas was in Meerwala in connection with the departmental inquiry, Mukhtaran Mai and her father Ghulam Farid had addressed a press conference at the Jatoi Press Club and alleged that the police were forcing them to give certain statements which they did not want to own as truth. When Maulvi Razzaq (PW11) was brought in the witness box, he said he would first examine the statement attributed to him by the police. He took some time to read the statement which he disowned. He said the police had obtained his signatures on blank papers forcibly. However, he partially owned the contents of the statement. Reappearing before the court, Sabir Husain (PW13) also disowned the contents of his alleged statement during the cross-examination. He confronted most of the defence queries extracted from his alleged statement which was the part of departmental police probe in the incident. The court adjourned proceedings of the case for Thursday (today). Later, talking to journalists, Mukhtaran Mai ruled out possibility of any patch-up with the accused. She said if this would have been the case, then why did she knock the door of court to get justice. She hoped the court would give exemplary punishment to the culprits so that no one in future could dare to repeat it. Answering a question, she said the police got signed blank papers from them assuring that this inquiry (the departmental probe) had nothing to do with the case. She said the police authorities had also assured them that their statements would not be presented at any legal forum. "Under this assurance we signed blank papers to police," she claimed. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020821 ------------------------------------------------------------------- Meerwala: ATC accepts plea for re-examination of PWs ------------------------------------------------------------------- By A Correspondent MULTAN, Aug 20: The Dera Ghazi Khan anti-terrorism court has accepted the plea of defence in the Meerwala gang-rape case for re- examination of three prosecution witnesses, including Mukhtaran Mai. ATC judge Malik Zulfiqar Ali summoned Mukhtaran Mai, her maternal uncle, Sabir Husain, and Maulvi Abdul Razzaq to face further cross- examination of the defence. The defence had earlier grilled all the three PWs for several days. Answering 'crooked' questioning by the defence, the gang-rape victim had burst into tears during the cross-examination of her statement which she deposed before the court on Aug 3 last. The court also summoned inspector Riaz, who had recorded statements of complainants for Dera SP crimes Mirza Abbas, and head-constable Mukhtar Husain, the reader of the SP, for the next date of hearing. Earlier, when the ATC resumed trial of the case, SP (investigations) Nabi Bakhsh Luk informed the court that the misplaced evidentiary record of the case had been recovered. At this, the defence sought examination of the police inquiry file in order to ascertain whether the statements of the complainants attached with were genuine. The prosecution objected to the defence move, saying this would open an infinite series of witnesses in the case which would ultimately cause a delay to the justice. Moreover, the police inquiry file was mainly related to the departmental inquiry against ASI Iqbal. But the defence pleaded that inspection of the police record was vital owing to the importance of the case as this would reveal the circumstances of the incident. The court granted permission to the defence to examine the file. The defence counsel examined the file for half-an-hour. Later, the defence urged the court to exhibit the statements of the complainants with the court record. The judge directed to make statements of Mukhtaran Mai, her father Ghulam Farid, uncle Sabir Husain and Maulvi Razzaq recorded by the police part of the court file. After this, SP Mirza Abbas was brought into the witness box as a defence witness. He said the complainants had not owned their statements recorded to inspector Riaz. He said he had also given a note that the complainants had objected to their statements on July 5. He said he had recorded statements of all the witnesses from the complainants' side except Mukhtaran Mai, Ghulam Farid and Maulvi Razzaq. Here the defence filed an application with the court to declare SP Abbas dissident so that the defence could also cross-examine him. Prosecution objected and the court directed it to give arguments. After a discussion, the court allowed defence to cross-examine the SP. Replying to the defence queries, Mirza Abbas admitted that he was given the task to find facts of the Meerwala incident. He said he was entrusted with a task to point out police inefficiency, corruption and irresponsibility in the delay of the registration of a case and subsequent action. He admitted the importance of the statements of Mukhtaran Mai, Ghulam Farid, Sabir and Maulvi Razzaq in the police inquiry. He denied that he recorded statements of all the complainants at his own, and now he was taking a stance that he had not recorded statements of Mukhtaran Mai, Farid and Razzaq on the recommendation of the public prosecutor. He said representatives of national and international media had thronged Jatoi on July 5 when he was there to record statements. The mediamen surrounded him to get answers of their queries regarding the incident. In the meantime, inspector Riaz recorded the statements of Mukhtaran Mai and two others, he said. He said when he read out the statements of complainants, Mukhtaran, Farid and Razzaq uttered that inspector Riaz had not recorded their statements correctly. The court adjourned proceedings of the case for Wednesday. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- Evidentiary record misplaced, ATC told: Meerwala gang-rape case ------------------------------------------------------------------- Staff Correspondent MULTAN, Aug 19: Some officials of the Dera Ghazi Khan DIG's office have misplaced the evidentiary record in the Meerwala gang-rape case from the police file. This was told to the anti-terrorism court by SP crimes Mirza Muhammad Abbas on Monday while deposing as defence witness. He said Dera DIG Asif Nawaz had ordered a probe into the matter and fixed responsibility on the negligent staff. The SP crimes was summoned by the court on Saturday last on the request of defence counsel Malik Saleem to bring with him the police file of the case. He said he was appointed by the Dera DIG to hold a probe on July 3, 2002, after the publication of news items regarding corruption, negligence and malpractice of the Jatoi police in the investigation of the gang-rape case. He said he visited the Muzaffargrh DSP's office on July 4 and recorded statements of Abdul Shakoor (the sodomy victim), Salma Mai, her mother Taj Mai, inspector Nazir Ahmad and ASI Iqbal on July 5. Statements of Ghulam Husain, Sabir Husain, Manzoor Husain and Ghulam Mustafa were recorded in his presence at the office of the Jatoi SDPO. But the statements of Mukhtaran Mai, her father Ghulam Farid and Maulvi Abdul Razzaq were recorded in his absence by inspector Riaz Husain through his reader. He said all the statements were verified by him. The defence witness said when Mukhtaran Mai, Ghulam Farid and Maulvi Razzaq were called to verify their respective statements, they stated that the statements recorded by the inquiry officer were correct while those recorded by inspector Riaz had variations. Here defence counsel Malik Saleem, Yaqoob Khan and Yasser Khosa requested the witness to produce the original statements of Mukhtaran Mai, Ghulam Farid and Maulvi Razzaq which were verified by him. The SP expressed his inability to do so saying some officials had misplaced the police record. At this, the defence counsel alleged that the statements were verified by the witnesses (Mukhtaran Mai and others) and the police were deliberately hiding them. Hearing this, the court directed the SP to bring the police file, including the statements of Mukhtaran Mai, Ghulam Farid and Maulvi Razzaq within an hour whether it (record) was in his possession or any other official, including the DIG. The SP crime informed the court after the stipulated time that he had brought the matter to the knowledge of the Dera DIG who had appointed SP (investigations) Nabi Bakhsh Luk to probe the matter. While adjourning the proceedings of the case for Tuesday, judge Malik Zulfiqar Ali summoned SP crime Mirza Abbas, SP (I) Nabi Bakhsh and the personal assistant to the DIG for the next date of hearing. Earlier, the prosecution resumed the cross-examination of DW5 Ghulam Husain, the maternal uncle of accused Abdul Khaliq and a witness of the 'nikah' of the latter with Mukhtaran Mai. To a prosecution query, the DW5 denied that the other witness, Fayyaz Husain, of the 'nikah' was being deliberately made away with in order to spoil the prosecution arguments. At this point, the public prosecutor postponed further cross-examination of the DW5 until the production of Fayyaz Husain before the court. On the other hand, the defence gave up Fayyaz as its witness for his being unavailable. However, the judge posed some court questions to the DW5. Replying to the court queries, he said Abdul Khaliq pressed for instant nikah with Mukhtaran Mai because he had no confidence in the Gujjars (the victim's family). He said Khaliq insisted for the registration of nikah, but Maulvi Razzaq refused to do so. He said he did not know whether Maulvi Razzaq was the nikah registrar of the area. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Defence wants rape victim re-examined ------------------------------------------------------------------- Staff Correspondent MULTAN, Aug 17: The defence in Meerwala case sought re-examination of Mukhtaran Mai, the gang-rape victim, and Maulvi Razzaq besides summoning Dera range crime SP Mirza Abbas to appear as defence witness. The Dera Ghazi Khan anti-terrorism court summoned the SP for Monday while decision on the re-examination of Mukhtaran Mai and Razzaq was kept pending. Earlier, defence witness (DW5) Ghulam Husain Mastoi told the court during the in-camera trial on Saturday that the Mastois were Baloch of 'low status' as they did not kill their women caught red-handed with their paramours. Hussain is the maternal uncle of accused Abdul Khaliq. The defence in the Meerwala case presented Ghulam Husain as a witness of the alleged 'nikah' of Mukhtaran Mai, the gang-rape victim, with accused Abdul Khaliq. Recording his statement, the DW5 claimed that on June 22 last, at mid-night, his nephew Abdul Khaliq came to him in Rampur village and said that he had caught red-handed his sister Salma and Abdul Shakoor Tatla while they were committing 'zina' in a sugar cane field. He said Khaliq further informed him that Abdul Shakoor had been taken by Jatoi police while Maulvi Abdul Razzaq and others were pressing for a settlement on the basis of exchange marriages. The proposal was to give hand of Shakoor's sister Mukhtaran Mai to Abdul Khaliq and of Salma to Shakoor. The DW5 said Khaliq told him that he had insisted on solemnizing his nikah with Mukhtaran Mai instantly and that Maulvi Razzaq and others had agreed to do so. He said Khaliq wanted him to become a witness of his nikah. He said when he reached at Khaliq's house, Mukhtaran Mai and others were present there. He said Maulvi Razzaq performed the nikah of Khaliq with Mukhtaran in his (DW5) and Fayyaz Husain's presence. He said thereafter the Tatlas demanded that now Shakoor be brought back from the police station. He said Maulvi Razzaq asked him to come back again on the morning on June 23 when nikah of Shakoor would be performed with Salma. Ghulam Husain said the next morning (when he returned to Meerwala) he found Gujjars and Maulvi Razzaq involved in hot talks with Abdul Khaliq. He said the Gujjars were demanding hand of another girl from the Mastois on account of the sodomy committed to Shakoor while Khaliq was arguing that he would not marry his sister Salma to Shakoor because the Gujjars had accused his brother Punnu of sodomy. The DW5 claimed that at this Maulvi Razzaq threatened with taking legal action against the Mastois besides denouncing the nikah of Khaliq and Mukhtaran. While on June 27 last the nikah of Salma was solemnized with Khaleel in a simple ceremony. It may be added here that Khaleel is among the eight arrested accused in the Meerwala case who are accused of being the part of strong Mastoi assembly that enforced the panchayat verdict of "a rape for a rape". During the cross-examination by the prosecution lawyers Ramzan Khalid Joiya and Iftikhar Arif, the DW5 admitted that the sodomy accused Jamil was his son. He said Maulvi Razzaq had threatened him with dire consequences if he (DW5) deposed against the complainants in the Meerwala case. He said however no report was lodged with the police regarding the threats hurled by Razzaq. He agreed that usually the bridegroom went to the bride's house on the marriage day. Here he volunteered that since Shakoor was confined at the Jatoi police station 'facing' a Hudood case, therefore, Mukhtaran Mai was taken to Khaliq's house under duress. He admitted that no case was registered against Shakoor because of the compromise. Here the prosecution lawyers urged the court to refrain the defence counsel, Malik Saleem, from interfering in the cross-examination time and again. To a prosecution query, he said Mastois were 'shodhey' (Mean) Baloch who were not like Khosas, Shakranis and Jandanis who killed their daughters and their paramours on seeing them in an objectionable condition. The court will resume the trial on Monday. Earlier, Jatoi police station incharge inspector Abdul Lateef Chandia informed the court about police his failure to serve warrants on Fayyaz Husain, who had been named by the defence as the other witness of the Khaliq-Mukhtaran nikah. He further told the court that summons could not be served on Mureed Abbas, correspondent of a local Urdu daily based at Jatoi, because he had left for Murree. The court again issued the warrants of both Fayyaz and Mureed for Aug 19. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- Rape victim won't face punishment, rules Shariat Court ------------------------------------------------------------------- By Rafaqat Ali ISLAMABAD, Aug 19: The Federal Shariat Court has ruled that if a woman is coerced into committing Zina, she shall not be liable to any punishment under Hadd or Tazir. The court, however, said the other party who causes coercion shall be liable to punishment either of Hadd or of Tazir on the basis of evidence as the case might be. A three-judge bench in its landmark judgment on the appeal of Zafran Bibi, a woman from Kohat who had been awarded punishment of stoning to death by a Sessions Court of Kohat, has laid down the rule that no woman could be punished mere for the fact that she was part of the act, though forcibly. The FSC, which had ordered the release of Zafran Bibi through a short order on June 6, 2002, released the detailed judgment on Monday. "The sentence of Hadd is highly severe and deterrent. Therefore, every pre-caution is ordained to be adopted so that no innocent person gets punished," the FSC ruled. The court pointed out that a number of incidents had been reported during the period of holy Prophet (peace be upon him) and in the period of Caliphs that the women who were coerced into committing Zina, were acquitted but the co-accused were convicted and sentenced. The court also ruled that in case of pregnancy of a woman, either unmarried or in case of being married, having no access to her husband, conceived but pleads that it was the result of commission of rape on her, she could not be awarded punishment of Hadd. Justice Dr Fida Mohammad Khan, writing for the bench, stated that the eminent jurists like Hanafis and Shafaees held the view that if a woman was subjected to rape, she was not liable to conviction under Hadd. It was further pointed out that Imam Shafaee had also approved the above-stated position but with the condition that the burden of proving her lack of consent by raising alarm or making complaint, shifted to her. The court ruled that mere pregnancy, in the absence of other evidence to show that it was the result of Zina, was no ground for the imposition of Hadd punishment if she came out with the defence that the pregnancy was the result of the commission of a rape. "This view finds full support from an incident that was reported to the Holy Prophet (peace be upon him) that a woman was raped but the holy Prophet acquitted her of the charge punishable with Hadd," the court said. The FSC, established during the period of Gen Ziaul Haq, quoted two Ahadees of the holy Prophet whose English translation is as under: a) "Avoid enforcing Hudood as much as you can." b) "Keep Hudood away from Muslims as much as possible. If there is any way to spare people from punishment let them go. For it is much better that an Imam (judge) should) err in acquitting someone rather than he should err in punishing someone (who is not guilty)" - Tirmidhi. The FSC bench, comprising Chief Justice Fazal Ellahi Khan, Justice Dr Fida Mohammad Khan and Justice Ijaz Yousaf, said that Zafran Bibi's case was an unfortunate one, which received much publicity in the national and international press. The court held: "On account of disinformation, misunderstanding, lack of knowledge of the facts and circumstances of the case, some organizations resorted to take out processions and demanded repeal of the Hudood laws, without realising that it was not the laws of Hudood (sentences prescribed by holy Quran and Sunnah) but its misapplication that resulted in miscarriage of justice." The court held these time-tested Hudood laws mainly aimed at preservation and protection of life, honour and property of the citizens of an Islamic State and dispensation of justice without any discrimination. It added that like other laws, the prosecution or other components of law-enforcement machinery might err in their application in respect of various facts and circumstances. "However, the ideal nature of these laws in ensuring maintenance of public law and order besides other deterrent and reformative aspects, is admittedly far superior to the man-made laws on account of its highly-balanced approach to individual and public interest." The court stated that some misinformed or disinformed individuals, while looking at the severity and gravity of some of the punishments, raised objections. "Such individuals fail to appreciate the strict standard of evidence required to prove the offences," the court observed. The court said that the depth and wisdom of Hudood laws, was unfathomable. "One can only well realize the far-reaching effects of the wisdom contained in these laws if one could only visualize oneself stepping in the shoes of the aggrieved individuals and families subjected to the heinous offences." The court quoted Sheikh Saddi, saying that "showing mercy to a wolf, in fact, amounts to inflicting cruelty on the sheep." DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020822 ------------------------------------------------------------------- Four Harkat men indicted in car bomb case ------------------------------------------------------------------- Staff Reporter KARACHI, Aug 21: Three leaders of the Harkatul Mujahideen Al-Aalmi denied on Wednesday their involvement in the June 14 car bomb explosion here at the US consulate when an anti-terrorism court formally indicted them in the case. The self-styled chief of his own faction of the Al-Aalmi of the banned organization, Mohammed Imran, his deputy, Mohammed Ashraf, and finance secretary, Mohammed Hanif, pleaded "not guilty" and preferred to be tried in the case as Judge Aley Maqbool Rizvi of the ATC-1 read out the charges to them. The three accused were charged with involvement in the US consulate carbomb blast that killed seven men and five women and injured 43 others. They are facing the charges under sections 302, 324,427 and 109 of PPC, section 3/4 of the Explosives Act and section 7-B of the Anti-terrorism Act. The judge, who is holding the trial of the case inside the Central Prison, Karachi, put off the proceeding of the case to Saturday and ordered the prosecution to produce its witnesses in the court. The Civil Lines police cited as many as 50 prosecution witnesses in the case. The three Al-Aalmi leaders and Inspector Waseem Akhtar of the rangers were not indicted in the case pertaining to the attempt on the life of President Gen Pervez Musharraf. Sources close to the prosecution said the four accused would be indicted after the carbomb blast case concluded. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- CPNE urges govt to promulgate legislation ------------------------------------------------------------------- KARACHI, Aug 23: The standing committee of the Council of Pakistan Newspaper Editors at its meeting urged the federal government to promulgate without any further delay the agreed legislation on newspapers and periodicals since the absence of this legislation was creating tremendous difficulties for member publications even in their day-to-day work. The committee meeting presided over by Mujibur Rehman Shami considered the matter at length. The meeting also considered the draft legislation on Freedom of Information and the draft legislation on Defamation. The various amendments suggested in the two proposed ordinances were also discussed. It was felt that the CPNE should give its reply to the federal ministries on the two draft legislations at the earliest. It was decided to constitute a seven-member committee which will take up the two legislations, consider the amendments received and finalize its stand on the two legislations within a week. The meeting was then briefed on the tripartite meeting held between the CPNE delegation and the ministers of information and religions affairs earlier this month in Islamabad where the subject of avoiding obscenity in the print media and upholding the dignity of women in the pictorial coverage were discussed and agreement reached on ensuring proper observance of the CPNE Code of Ethics by newspapers and periodicals. The meeting decided that the Code of Ethics should be printed and circulated.
BUSINESS & ECONOMY 20020822 ------------------------------------------------------------------- $10m loan accord with WB signed ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 21: The government and the World Bank signed $10.08 million accord for the Global Environment Facility Trust Fund Grant Agreement - Protected Areas management project. To implement this project, Global Environment Facility will provide a grant support of $10.08m, involving no liability on the part of the government. The project reflects government's commitment to protect country's environment and it's continued efforts to protect ecology, bio- diversity and wild habitats, which form a major national asset. It aims to assist the government in achieving sustainable conservation of globally and nationally significant habitats and species through a series of integrated activities aimed at engaging custodial communities in the management of protected areas. The project area comprises Chitral Gol national park (NWFP), the Hingol National park (Balochistan) and Machiara national Park (AJ&K). The main components of the project are: Protected area bio-diversity conversation management, sustainability of park management, human resource development, project coordination and monitoring. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- US refixes $3bn debt repayment dates ------------------------------------------------------------------- By Ihtasham ul Haque ISLAMABAD, Aug 23: The United States rescheduled its $3 billion debt to Pakistan. A bilateral agreement to this effect was signed by the US Ambassador to Pakistan Ms Nancy Powel and Secretary Economic Affairs Division (EAD) Dr Waqar Masood Khan. Of the total $3 billion debt rescheduling, $2.3 billion are official development assistance and will be repayable over a period of 38 years and $700 million non-official development assistance to be repayable over a period of 23 years. Speaking on the occasion, the US ambassador said Washington agreed to provide this relief because of strong economic reforms program that the present government has put in place. She expressed the hope that the recent economic recovery and the debt relief will add to the strength of Pakistan economy. She said the United States in November last year provided a cash assistance of $600 million to Pakistan for budgetary support. Ms Nancy Powel referred to the reopening of USAID office in Pakistan and said they will remain engaged with Pakistan in health sector, family planning, maternal health and fund projects for development of democratic institutions. Her country, she promised, will also encourage investments in Pakistan. Finance Minister Shaukat Aziz, also present on the occasion, said that Pakistan's domestic and foreign debt ratios have gone down significantly when compared with the percentage of GDP, current expenditure and revenue collection over the past couple of years. He said the domestic debt as a percentage of GDP came down from 52 per cent to 47 per cent. The foreign debt has shrunk from $38 billion to $36 billion and hoped this trend will continue. The debt servicing as a percentage of GDP has fallen from 11 per cent to 8.6 per cent at the end of last financial year and will further go down to 7.2 per cent at the end the current financial year, he added. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020821 ------------------------------------------------------------------- Marked improvement in economic indicators, says IMF ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 20: The IMF asked the government to ensure continuity of reforms beyond October, and undertake a thorough accountability in the state enterprises to reduce Pakistan's huge financial losses. "The reforms process initiated by the government must continue after October elections as the efficient running of the economy should not be kept hostage to politics," said Mr Paul Chabrier, Advisor to the IMF Managing Director. "If Pakistan does not stay on course, the fruits of reforms so far achieved will evaporate," he warned. He pointed out that there were no differences between the government and major political parties on the question of how to run the economy. He hoped that whoever came to power would benefit from the experiences of the last few years. Speaking at a joint news conference along with Finance Minister, Shaukat Aziz, and the visiting head of the IMF review mission, Klaus Enders, he said the continuity of reforms was of critical importance for achieving a turn-round in the economy. "The present government has started a very strong reforms program and whosoever comes to power in the wake of October elections, should continue implementing these reforms," he added. "It would be bad politics if fundamentals were changed by the future government," he said, praising the government for improving the foreign exchange reserves, reducing inflation to 3 per cent and increasing exports and foreign remittances. He said except for the revenues, there was a marked improvement in other economic indicators. However, in reply to a question, the head of the mission Klaus Enders said that Pakistan's social delivery system was still very weak and needed to be improved for reducing the social gap among various segments of society. "Then, greater efficiency is required to reduce the losses of the public sector enterprizes and this cannot be done without undertaking strong accountability in these organizations," Enders observed. Mr Paul Chabrier in his opening remarks said that the government needed to achieve good growth rate, roughly about 5 per cent of the GDP. At the same time, he said, efforts should be made to reduce the country's debt. "Your debt is manageable," he remarked. Nevertheless, since there existed a dangerous environment in the region, it was difficult to attract foreign investment, he said. He said he was glad to see that Pakistan's per capita income was increasing and a certain stabilised exchange system was in place and working satisfactorily. Mr Paul rejected the notion that the US, the West and the Paris Club had bailed out Pakistan for various political considerations. "The Paris Club offered rescheduling of loans because the performance of Pakistan's economy was good," he said. He also did not believe that Pakistan would have collapsed 18 months ago had there been no foreign support to the present government. "In fact Pakistan has regained substantial amount of credibility," he said. Mr Klaus Enders said that barring that of revenues, all targets were on track and that his mission had a successful review of the Pakistani economy with officials concerned. He said fiscal deficit had narrowed considerably and hoped that the drought conditions will end this year, allowing the economy to show better performance. Mr Enders stressed the need for carrying out accountability process, especially in Wapda and the KESC to improve the country's growth prospects and ensure debt sustainability. Finance Minister Shaukat Aziz told a reporter that there was no delay in the privatization programme and that a number of entities, including PTCL, KESC, PSO, Habib Bank and United Bank, were ready for sale. Both the banks, he said, will be disinvested before October this year. He also told a reporter that Pakistan would not be requiring any other IMF programme once the ongoing PRGF ended after two years. Aziz also said that the Fund's Executive Board was likely to meet in October to offer the fourth tranche of about $120 million out of the $1.3 billion PRGF. Earlier, in his opening remarks, he said Pakistan was on course to meet various requirements agreed with the IMF. He said there was 20 per cent increase in revenues during the month of July. Similarly, there has been 18 per cent rise in exports and 17 per cent in imports. He said remittances worth $307 million ware received in July and, "if this trend persists, we will be able to get substantial remittances at the end of the current financial year." Reserves, he said, had reached over $7.2 billion and were likely to cross the $8 billion mark over the next few months. "During talks with the IMF, the net conclusion is that we have done fairly good but still lot more is to be done, especially to ensure continuity of policies after October this year," Aziz said. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- Judicial reforms plan hits snags ------------------------------------------------------------------- By Rafaqat Ali ISLAMABAD, Aug 22: The Asian Development Bank-funded judicial reforms project has run into snags as the judicial functionaries, especially those of the Lahore High Court, are not cooperating with the federal government. It is learnt from the federal government officials that the ADB, which had released US $100 million in December, 2001, has withheld the next tranche of US $50 million which was due in June, 2002. The ADB review mission is expected in the last week of August but is unlikely to okay the next tranche as only two out of seven conditionalities have been met so far. The government had agreed that it would promulgate Freedom of Information Act, Defamation Law, Contempt of Court Law, Small Cause Courts, provide powers to the sessions judges to try habeas corpus petitions, change the status of the Law Commission to make policy for the judiciary and make amendments to the Criminal Procedure Code to ensure quick servicing of the process, and the Police Ordinance. The government has so far promulgated Small Cause Courts and Police Ordinances and provided powers to the sessions judges to hear habeas corpus petition. The government had committed to the ADB that it would promulgate the Freedom of Information Act, but there are no signs it would be done soon. An official of the law ministry, where a monitoring cell, headed by a joint secretary, has been created, told Dawn that the ministry was unaware when the freedom of information law would be promulgated. The sources said the judicial reforms project has been opposed mainly by the Lahore High Court Chief Justice Falak Sher who first took the position that Pakistan's judiciary needed no foreign funds for reforms. He was also of the view that it would add to the Pakistan's already huge foreign debt. The federal government, however, accepted the soft-term loan. The sources said the LHC first asked the government to place the funds at its disposal and it would do reforms on its own. When explained that under the procedure, funds would have to be handled by the provincial finance ministry as the judiciary was not trained in fund management, the provincial judiciary has started moving towards reforms, but at a slow pace. The provincial judiciary was told to come up with definite plans for reducing delays, capacity building and also for the buildings which it wanted. The official sources said that under the Access to Justice Programme (AJP), a pilot project on delay reduction was conducted in all the provinces. The results, he said, were so encouraging that the Karachi court showed an increase of 246 per cent in criminal dispositions by applying the methods which are to be enforced throughout the country. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020820 ------------------------------------------------------------------- $5bn debt rescheduling arrangements finalized ------------------------------------------------------------------- Staff Reporter ISLAMABAD, Aug 19: The government has finalized necessary arrangements for rescheduling the $5 billion bilateral debt by October this year. "We have just concluded a debt rescheduling agreement with Finland and accords with remaining eight countries, including the United States and Belgium, for about $5 billion debt will be signed by September/October 2002," Secretary Economic Affairs Division (EAD) Dr Waqar Masood told Dawn. He said a number of bilateral agreements had been signed earlier for $12.5 billion debt rescheduled by the Paris Club for 35 years with a 15-year grace period. "Out of $5 billion, $3 billion debt to be rescheduled belongs to the United States alone," Dr Waqar said, adding the EAD had worked out all the details to complete the job in time. The government considered re-profiling of $12.5 billion debt a big achievement as nearly 50 per cent of this debt was due for payment by 2007. There were also individual creditors who showed their willingness to swap them for social sector funding for up to $1.5 billion. According to the officials of the finance ministry, the full extent of the relief will be measured once the government completes all the agreements with the bilateral creditors. However, based on rescheduling alone, a 30 per cent reduction has been achieved in the net present value of the outstanding stock of debt. With the addition of cancellation, debt swaps and interest rate reduction, this figure is likely to increase to about 40 per cent. The government claims that over the past two and a half years, it had lowered the burden of most expensive foreign debt liabilities by nearly $2 billion from $38 billion to $36 billion as on June 30 this year. This represents a reduction of nearly 5 per cent in foreign liabilities. In addition, the country's external debt has undergone a major re- profiling, whereby the share of expensive debt has declined as compared to soft-term debt. Both these initiatives were made possible through combination of increased supply of foreign exchange and contraction of soft loans. The officials said as far as domestic debt was concerned, the government had managed some success by reducing the outstanding domestic debt by 8 per cent over the last year. This decline was possible primarily due to retirement of market-related treasury bills worth Rs193 billion. Additionally, a combination of lower inflation and interest rate coupled with a favourable exchange rate has resulted in reducing the annual average growth in debt servicing to around 3 per cent over the last three years compared with that of around 20 per cent during the 1990s. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- Weekend selling clips gains on stock market ------------------------------------------------------------------- Staff Reporter KARACHI, Aug 23: The KSE 100-share index finished with a fractional rise of 0.98 points at 1,925.75 as compared to 1,924.77 a day earlier as some of the leading base shares attracted selling under the lead of PTCL. PSO, which celebrated its silver Jubilee year with a record final dividend of 80 per cent plus bonus shares of 20 per cent again came in for strong support and rose further by Rs.9.45 at Rs.179, indicating that it is heading toward its new chart level of Rs.200. Analysts said the future outlook appears bullish as the current run-up could be sustained on the strength of coming corporate announcements by some leading shares during the next couple of weeks also. Prominent gainers were led by National Refinery, Lakson Tobacco, Wyeth Pakistan, PSO and Nestle MilkPak, which posted gains ranging from Rs.4.20 to 14.40. PSO and Nestle MilkPak being leading among them, up Rs.9.45 and 14.50. Other leading gainers included ICP SEMF, Salfi Textiles, Attock Refinery, Ferozsons Lab, BOC Pakistan Glaxo-Wellcome ahead of their board meetings next week and Merit Packaging, up one rupee to Rs.2. Losers were led by Kohinoor Weaving, Pakistan Oilfields, Abbott Lab, Adamjee Insurance and Engro Chemical Sapphire Fibre, and some others falling by one rupee to Rs.2.50. Trading volume rose further to 334m shares but losers managed to force a modest edge over the gainers at 110 to 98, with 52 shares holding on to the last levels. Hub-Power again led the list of most actives, up 10 paisa at Rs.28.65 on 196m shares followed by PTCL, easy, 20 paisa at Rs.19.30 on 50m shares, PSO, sharply higher by Rs.9.45 at Rs.179 on 31m shares, FFC-Jordan Fertilizer, off 60 paisa at Rs.6.20 on 8m shares and Engro Chemicals, lower Rs.2.50 at Rs.63 on 7m shares. Other actives were led by Sui Northern Gas, lower 25 paisa on 6m shares, ICP SEMF, higher by Rs.1.25 on 5m shares, D.G. Khan Cement, up 20 paisa on 4m shares, ICI Pakistan, off 90 paisa also on 4m shares and National Bank, lower 65 paisa on 3m shares. FUTURE CONTRACTS: Heavy speculative buying in Hub-Power in anticipation of higher final dividend again featured the trading on the cleared list where PSO also maintained its upward drive, up Rs.9.95 at Rs.179.90 on 6m shares. PTCL on the other hand ran into selling and was quoted lower by five paisa at Rs.19.40 on 9.265m shares. Hub-Power was marked up by 20 paisa at Rs.28.70 on a record single- session volume of over 33m shares. Engro Chemical on the other hand came in for active selling and was quoted lower by Rs.2.40 at Rs.63.30 on 0.913m shares. MCB also fell by Rs.1.25 at Rs.25.30 on 0.340m shares. DEFAULTER COMPANIES: Suzuki Motorcycles came in for renewed support despite omission of dividend for the last year and was quoted higher by 60 paisa perhaps on reports of higher interim sales at Rs.5.15 on 79,000 shares, followed by Allied Motors, up 45 paisa at Rs.11.45 on 5,000 shares and Automotive Battery, lower 25 paisa at Rs.4.50 on 1,500 shares. DIVIDEND: Pakistan Cables cash 30 per cent, Clariant Pakistan interim at the rate of 25 per cent. BOARD MEETINGS: Bank of Punjab on Aug 27, Smith Kline & French Pakistan on Aug 28, National Security Insurance Aug 29, Arpak International Investments Aug 30, Askari Leasing Aug 31 and Otsuka Pakistan on Sept 3. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020819 ------------------------------------------------------------------- Despite official spat financial market behaves modestly ------------------------------------------------------------------- By Muhammad Aslam The KSE 100-share index reacted to finish around 1,843.26 points from the week's peak level of 1,856 after the daily volume figure soared to a recent peak level of 185 million shares, about a half of which went to the credit of the Hub-Power followed by the market talk of 40 per cent final dividend in addition to an interim of 70 per cent already paid. The market capitalization rose to Rs429.009 billion from the previous Rs422.978 billion, showing an increase of Rs6.0316 billion, as mega issues such as the PTCL, the Hub-Power, the PSO and the ICI Pakistan finished higher. Adamjee Insurance again burst into activity on hostile takeover talk and breached through its circuit breaker at Rs43.10 on strong speculative activity. The board meeting of some of the leading MNCs, including the Shell Pakistan (on Aug 20), and the Hub-Power next month may not allow investors to lay their guards. A long spell of sluggishness has broaden their vision about the future share market outlook and the current lower levels are providing them an attractive bait. The privatization of the ICP Mutual Funds and the oil giant PSO and the Telcom volume leader, the PTCL may not be possible during the current or the next month as officially stated but it certainly is on the agenda of the existing government. "The next political government is expected to be in place after the October 10 elections, "says a broker, "how it views the privatization scenario will take sometime". But most analysts believe the new government may not go all-out to sell all the state-owned units but will think twice before going for the PSO or the PTCL despite a massive offering. However, a loud whispering about their sell-off keeps the market in a good shape and that is not a bad idea to generate speculative activity, they added. "Essentially, the current rally is dividend-driven and the lower levels of most of the blue chips have made it more convincing and how the market behaves after September, or in the pre-election sessions, will demonstrate its relative strength", says a leading stock broker. The big gainers were led by the Adamjee Insurance, which breached through its upward daily ceiling rate, Anwar Textiles, the PSO, the Lever Brothers and the Nestle MilkPak, followed by the Treet Corporation, the Pakistan Refinery, Hilal Flour Mills, the Attock Refinery, the Clover Pakistan, and the Kohinoor Weaving and many others. Losers were led by some of the blue chips, notably the Pakistan Tobacco, the Abbott Lab, Mehmood Textiles, Al-Qaim Textiles, Shafiq Textiles, Johnson and Philips, off Re1 to Rs1.90, Wyeth Pakistan, being the leader. The trading volume rose to 550 million shares after several weeks, thanks to the massive activities in some current favourites, notably the Hub-Power, the PTCL and the PSO ahead of their board meetings. The previous total was modest at 163 million shares. Other actives were led by the Sui Northern, the National Bank, the MCB, Adamjee Insurance, the ICI Pakistan, Fauji Fertiliser, the Engro Chemical, the WorldCall Payphones, the ICP SEMF, the FFC- Jordan Fertilser, the D.G.Khan Cement and several others.Back to the top
EDITORIALS & FEATURES 20020818 ------------------------------------------------------------------- We never learn from history-4 ------------------------------------------------------------------- By Ardeshir Cowasjee Another recipient of the largesse distributed by the ISI, courtesy Mr Yunus Habib of Habib and Mehran Bank fame, has surfaced. This time it is the Tumandar of the Legharis, Farooq Ahmad Khan Leghari, chief of the Millat Party, through his Central Secretary, Information, retired Brigadier Mohammad Yousuf, whose letter to the editor of this paper publication was printed on August 16. In my second column in this series, a handwritten letter and note emanating from retired Lt General Asad Durrani was reproduced in which he had listed Farooq Leghari as having received funds paid out by the ISI to politicians involved in the 1990 elections. Neither in his letter nor note has Durrani indicated that the money originated from the Mehran Bank. However, Brigadier Yousuf goes to some lengths to explain that Mr Leghari never received any funds via the ISI and states that the only amounts received by Mr Leghari from Yunus Habib were by cheque when Habib purchased land from the Leghari family. The Brigadier claims that two and a half years ago, at a press conference at the Karachi Press Club, I testified that Leghari was 'clean' and 'not involved in any such wrongdoing.' This is highly puzzling, for I could never have said that Farooq Leghari is 'clean' in the matter of the land deal with Yunus Habib, or for that matter, in any of the allegations leveled against him relating to other issues. I have maintained, and I have told him, that amongst the leading ranks of our politicians he may be less blemished than the rest. >From a column written in March 2001, I quote: "We have suffered Benazir twice and Nawaz twice. Each in her/his second round, with Leghari as president of the Republic, did far more wrong than in the first. The people surely do not want or need Farooq Leghari in any future position of power. His friends and 'admirers' should advise him to live off his ancestral properties and whatever assets he has gathered unto himself along the way and renounce politics for his own and our good. He should be satisfied with the fact that he at least occupies a fairly notorious place in the history of Pakistan in the 1990s and is not merely a footnote." On to another, dubious, political character, retired General Aslam Beg, who once headed the army, and the matter of the Rs140 million donated by Yunus Habib to the Political Cell of the ISI for 'use' in the 1990 general elections. In the Supreme Court in 1997, during the hearing of Air Marshal Asghar Khan's Human Rights Petition, 19/1996, Beg stated that though he was the army chief at the time, the ISI was then acting under the direction of 'higher authorities'. In this regard reproduced is a rejoinder dated April 21, 1994, issued by Beg (on the letterhead of his organization Friends), after allegations of his involvement had been leveled in the press: "Subsequent to the earlier report published in The News dated April 8, 1994, and its mention in the proceedings of the National Assembly on April 20, 1994, where some of the honorable members made unwarranted remarks, casting aspersions on me and the army, I am constrained to lay down facts which will speak for themselves. "It is correct that the above amounts were donated by Mr Yunus Habib between September and October 1990. He claimed to have collected this amount from his community through his own efforts and that under the directions from 'President's Planning Cell' the amount was being made available. That the donations were meant for elections 1990 and for acquisition of election intelligence. "Such donations had been received earlier also from donors within the country and outside and were placed at the disposal of ISI for the same purpose as stated above. Therefore, the receipt of this amount as donation and its utilization by ISI were in keeping with the prevailing practice. The amount so donated by Mr Yunus Habib was deposited in the account of ISI in instalment's during September and October 1990, totalling Rs140 million. Out of this amount, ISI spent approximately Rs60 million for election purposes and the remaining Rs80 million was placed in Special Funds of ISI. The details of expenditure on various heads and on individuals supported by ISI with this money may be obtained from the DG-ISI for necessary verification. "The then president, Mr Ghulam Ishaq Khan, was in the know of such a donation and utilization. Mr Nawaz Sharif, on taking over in November 1990, was personally briefed by me on the amount donated and its utilization by the ISI. I had also briefed late General Asif Nawaz on his taking over as COAS about this matter. "Subsequently, Mr Yunus Habib donated another Rs5 million for the welfare of troops. I placed this amount at the disposal of Army Welfare Trust for establishing a Rehabilitation Centre for Army Wards. A piece of land measuring approximately 25 kanals near Rawalpindi was purchased out of this fund and the remaining amount was placed in fixed deposit schemes of Army Welfare Trust. I had also briefed late General Asif Nawaz about the purchase of this land and the amount deposited at the time of his taking over as Chief of the Army Staff. "At no stage did I ever suspect that the amount so donated was out of the funds allegedly embezzled by Mr Yunus Habib while serving in the Habib Bank. "The manner in which my involvement is being projected in the print media and the unwarranted comments being passed by some politicians is a crude attempt to tarnish my image since I have entered politics. This is a deliberate machination of vested groups who are against politics of sobriety and consensus and want to undermine my efforts to democratically create new leadership from amongst the poor and the middle classes. "Such sinister designs will ultimately boomerang and expose those very elements who are hatching this conspiracy and feel threatened because of my commitment to a positive change. The process of accountability must take its course with objectivity to punish those who are defaulters but not to make political capital for selfish objectives and vituperative language." Now, all that is being advocated is that Asghar Khan's petition, now resting in the morgue of the Supreme Court on Constitution Avenue in our capital, be taken up before October so that the matter can be heard and finished, and if any of those on the lists of recipients are found to have been guilty of malpractice and corruption, they can be disqualified from standing for election. Imran Khan has conveyed, through his partymen, Dr Arif Alvi, that he is making an application to the Supreme Court requesting that he be made a party to the petition (anyone can apply to join as the matter involves human rights which affect us all). On August 10, 2002, Asghar addressed a letter to the Chief Justice of Pakistan, its subject "HRC No.19/96, Air Marshal (R) Mohammad Asghar Khan versus General (R) Mirza Aslam Beg." It reads: "I should like to draw you attention to my letter MAK/12/5 addressed to your predecessor on April 8, 2000 requesting that the above case may please be reopened. I have received no reply to this letter and elections are due on October 10, 2002. "Many of the people who are guilty of misconduct will, if the case is not heard, be taking part in the elections and the purpose of those elections will thus be defeated. I would request an early hearing and decision in this case." The Chief Justice of Pakistan, Sheikh Riaz Ahmad, upon whom I had the pleasure of calling on Friday, July 16, whilst he was at Karachi, realizes the urgency of the matter and is considering the Air Marshal's request for an early hearing. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- The abiding tragedy of reformers ------------------------------------------------------------------- By Ayaz Amir A curious duality afflicts the national scene. Those worthy souls who write learned articles for newspapers, or who hold forth at seminars and are big names in the NGO trade, are usually irrelevant when it comes to electoral politics. They lack the social roots to contest a union council election, not to mention any wider canvas. This is not a situation conducive to equanimity of mind or temper because while these knights think they have all the answers, they are not players in the political process. This sense of powerlessness is like a canker in their souls, making them restless and embittered. So what do they do? The more timorous or laid-back among them assume an attitude of scornful superiority towards the political class. A club you can't join is best derided. However, the more ambitious amongst this reformist crowd is always on the look out to enter political office through the backdoor. Either by way of the Senate, Pakistan's most distinguished backdoor, or by clinging to the coattails of political parties. No political party is immune to the assault of the determined charlatan. Provided you can put on a brave front and are not overly sensitive to subtle insults, with a bit of effort you can make it to the inner sanctum of the leader. And then of course if you know something of the fawning arts, you can make yourself indispensable to him. Technology may have changed the face of the world but not the way men (and women) pursue power. No wonder, Machiavelli remains a timeless political scientist, his prescriptions for the successful exercise of power relevant even today. Finance men and other 'technocrats' who have made it in the World Bank and the IMF, but who remain unfulfilled for not having exercised raw political power in their homeland, are always more impressed by caretaker regimes and military dictatorships than by anything with a democratic colouring. In a democracy they have no place but through the good graces of an unelected dispensation they can hope to attain high political office. Which is why high-flying members of this tribe can be seen rushing to Pakistan, keen to save the country, whenever a government falls. Military rule is not a function of the military alone. Whole classes of collaborators have flocked to the army's standard whenever it has seized power. From Ayub Khan onwards, no military ruler ever lacked the advice or the services of international bankers able to speak the language of Wall Street or the New York Stock Exchange. Nor the best legal advice. Nor the collaboration of willing judges ready to view everything through the eyes of necessity. Has there ever been a dearth of political turncoats willing, nay eager, to do service under military colours? In the run-up to the present elections it is unfair to castigate beyond a point the stalwarts of the Quaid-i-Azam League (the King's Party) because they are doing no more than following a tradition as old as Pakistan itself. Even so, the fact that the election approaches is something to be welcomed. No matter that the government has tried to queer the pitch. No matter that it is extending subtle and at times not-so- subtle help to its surrogates. No matter that the major political parties, with their two crowd-pulling leaders abroad, will not be able to mount any inspiring or all-embracing election campaign. Compared to the hiatus of the last three years, this is still a quantum advance, a bit of politics being better than no politics at all. Gen Musharraf's own position is ensured. He remains president and, more important, army chief, for the next five years. Moreover, the constitutional amendments he has decreed will not be put up for any kind of parliamentary approval. But no matter. Once elections are held and parliament stands revived a new dynamic will unfold. We are not moving towards any perfect democracy. Far be it from anyone to suggest anything of the kind. But we will be moving away from the kind of 'benign' dictatorship we've had since October '99. For this we should be grateful. Let us thank our stars that for all our problems and all our tendency to folly we remain a pluralist society far removed from the monolithic dullness and tranquillity of the vast majority of Islamic countries. Our vibrant press puts us apart from Arab monarchies and Muslim republics. Long may it remain this way. To be sure, the jihadi culture of the national security establishment, which was a direct offshoot of the military's involvement in Afghanistan in the eighties, was a sinister development leading our country down strange and dangerous paths. But external events forced the nation's planners to mend their ways. But for September 11 they would still have been going down the same road in Afghanistan with Gen Musharraf rather than anyone else continuing to speak glowingly of the advantages of 'strategic depth'. External elements took care of much of this nonsense. Now for a personal reckoning. I come from a rural place and a rural constituency where elections matter and power and prestige depend on elective office. The lure of no election have I been able to resist, as much because of family tradition as because of personal inclination. Even if I have not stood for elective office in every election, in every election, local or general, I have participated in one form or the other, believing strongly with the patricians of Rome that politics was the business of every citizen. One of the problems in Pakistan is that the well-to-do classes which live in towns and contribute to the angst which is a permanent feature of the national condition not only take no part in elective politics but do not even bother to cast their votes. Their concern and anger is confined to a ceaseless mourning about what is wrong with the country. This won't do. Either pay up or shut up. The old ladders for youthful ambition were, firstly, the bureaucracy which took you to high places and into the decision-making process and, secondly, the army which enabled its senior ranks to act as the arbiters of national destiny. The bureaucracy has lost its appeal because, unlike in the past, it is now a junior partner in the decision- making process. The army has lost its mystique and halo because of over-involvement in civilian affairs. Respect is a function of distance and remoteness, not of a proximity which begins to irk and bore, which is what has happened with the army under General Musharraf. There is thus a vacuum in Pakistan which the leashed and muzzled hounds of politics are waiting impatiently to fill. It must be admitted that some of the more egregious constitutional amendments proposed earlier Gen Musharraf has discarded. If, as he claims, he is a good listener, there must be some truth to it. The National Assembly's term is back to five years. The prime minister will be chosen by the assembly and not the president. The president will be able to dismiss the National Assembly and not simply the cabinet and prime minister which would have been a prescription for perpetual instability. Essentially, then, we are back to the Ziaul Haq situation. These were the powers he had armed himself with. He even wanted a national security council which was lost in the give- and-take which accompanied the passing of the Eighth Amendment. But Gen Musharraf has learnt something from the past. He will not be putting his constitutional amendments to any vote in the National Assembly, thus precluding any give-and-take. To the National Assembly he will not be beholden for anything, certainly not for any constitutional validation. But this is merely a reflection of the current situation, of what Marxists used to call the 'balance-of-forces'. The democratic opening we are going for is an act of military voluntarism. It is not being forced upon the military. Thus it is only natural that the terms of this opening should be set by the army leadership rather than the political parties which remain in a state of disarray. The political parties have to rebuild themselves and their credibility. This they will be able to do by putting up a good fight in the coming elections and by assuming an oppositionist (as opposed to a disruptionist) role in the future assembly. The time for politics is not dead. It is only now beginning. It's another matter whether the political class is able to make anything of it.
SPORTS 20020820 ------------------------------------------------------------------- Waqar offers no excuses for Pakistan's exit ------------------------------------------------------------------- Special Representative TANGIERS, Aug 19: Pakistan captain Waqar Younis offered no excuses as his team made an early exit from the Morocco Cup. "I have no excuses to offer. The simple fact is that we played poorly throughout the tournament. The bowling was better but it was the batting that let us down in the competition. We tried our best but things just didn't work," Waqar said in a post-match conference. Pakistan lost three of the four matches after starting the competition as odds-on favourites following their sequence of impressive victories since the tour to England last year that led to triumphs in two tournaments and four one-day series. "We are sad and bitterly disappointed. It was not a result we were expecting. But there is nothing to get panic about as this is the first tournament in over a year that we have lost. We are confident that we will manage to lift ourselves for future assignments though at the moment, the morale of the team is really down," he said. It is hard to believe that with Wasim Akram coming out to bat at No 10, Pakistan failed to get 197 for victory against South Africa the other day after Shahid Afridi had placed them at 92 for two in 18 overs with a whirlwind innings. "We lost the momentum after Shahid's dismissal. I think the turning point was the dismissals of Yousuf Youhana and Younis Khan off successive deliveries. At one stage, we had bonus point in our range but we lost our way with those two wickets and then the unfortunate dismissal of Inzamam-ul-Haq was the final nail in the coffin. "Yousuf played a poor shot but rest of the wickets were due to good bowling by South Africa," Waqar said. He defended the team selection and decision to send Shahid at one- down position after having demoted to No 9 a day earlier against Sri Lanka. "Sending Imran Nazir and Shahid would have led to a chaos because they are hard-hitting batsmen and we were chasing a small total. Saqlain Mushtaq was a touch and go decision and in the end we preferred to include Shoaib Malik to give depth in the batting because we didn't know what total we might have to chase," Waqar said. The pacer, who finished with 11 wickets in the tournament, admitted that so much talent also sometimes becomes a problem in the backdrop of his strategy of rotating the players. "We are rotating players because there is too much cricket ahead and I believe that one-day cricket is now allrounders dominated game. You look at Sri Lanka and South Africa, they have more allrounders than any other team," he argued. Whatever might Waqar feel, the simple fact is that Pakistan got the team composition wrong throughout the tournament. Playing with just five bowlers was always expected to be a gamble that continued to backfire, particularly in the last two matches. Pakistan reduced Sri Lanka to 53 for three but allowed them to reach 242 while against South Africa, Pakistan reduced them to 49 for five but failed to capitalize. "Shoaib Akhtar's return will definitely bring more firepower in our bowling for the upcoming tournaments, Waqar said. After Shahid's onslaught, Youhana and Inzamam got ultra cautious and allowed South Africa to tighten the screws around them. The two batsmen added just 28 runs from 71 balls after Shahid's dismissal instead of rotating the strike. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020819 ------------------------------------------------------------------- Pakistan crash out of Morocco Cup ------------------------------------------------------------------- By Samiul Hasan TANGIERS (Morocco), Aug 18: Pakistan bowed out of the Morocco Cup with a horrendous batting performance against South Africa Sunday. Chasing a modest 197 for victory, Pakistan seemed to have the match in their pockets after Shahid Afridi had plundered a hurricane 62 off 40 deliveries to steer the pre-tournament favourites to 92 for two in 18 overs on a good batting strip. But Afridi's dismissal not only put the brakes on the scoring rate but also saw wickets tumbling at regular intervals with the last seven batsmen falling for the addition of 96 runs. Pakistan were eventually dismissed for 188to suffer their third defeat in four matches. South Africa's victory guaranteed them a place in Wednesday's final against Sri Lanka and also make Monday's clash against the 1996 world champions as dress rehearsal for the big match. Pakistan, who had to win inside 40 overs to ensure the bonus point, were undone by veteran South African fast bowler Allan Donald who ended with four for 43 and the Man-of-the-Match award. Afridi, who slammed six fours and four towering sixes, began with six boundaries - three sixes and as many fours - off Jacques Kallis who went for 33 runs in his opening three overs. It was a pity that Afridi ended up on the losing side because the remaining batsmen failed to capitalise on. The chief culprits were the experienced duo of Inzamam-ul-Haq and Yousuf Youhana. And when Youhana miscued an on-drive to be caught at square-leg, it opened all floodgates as Lance Klusener followed up by trapping Younis Khan LBW on the next delivery and then Nicky Boje picked up Abdul Razzaq to leave Pakistan reeling at 119 for six in the 29th over. Rashid Latif joined Inzamam and did exactly what specialist batsmen were supposed to do - nudge and push the ball in the gaps to keep the scoreboard ticking. Rashid added 36 invaluable runs for the seventh wicket and also dominated the partnership by scoring 22 off 33 balls with three fours. Pakistan suffered the killer blow when Inzamam lost his balance and dislodged the bail with his toe after lifting off-spinner Justin Ontong for a six over deep mid wicket. Inzamam scored a snail-paced 41 from 74 balls with two fours. Wasim Akram and Azhar Mahmood tried to carry the fight. But when Wasim was bowled by Donald with 11 runs needed, the match was all but over. Donald cleaned up Waqar to settle the issue. The toss was expected to be crucial but Waqar, for the fourth successive time, failed to call correctly. But it turned out to be a good toss to lose when Wasim clean bowled Herschelle Gibbs with the very first ball of the match. Pakistan seized the advantage when Waqar snapped up Kallis and added Ontong after Wasim had trapped Graeme Smith in front of the stumps to leave South Africa in tatters at 29 for four which soon became 49 for five when the dangerous Jonty Rhodes was sent back to the dressing room by Azhar. But it was at that stage when Pakistan badly missed Shoaib Akhtar as the support bowlers lacked penetration and bite and allowed Boeta Dippenaar and Mark Boucher to put on 78 off 120 balls for the sixth wicket. Dippenaar was fortunate when Abdul Razzaq failed to hold a regulation catch on his follow through when he was 18 and South Africa 64 for five. Pakistan's decision of including Shoaib Malik, ahead of Saqlain Mushtaq and in place of Mohammad Sami, badly backfired when he went for 15 runs from his only over and then occupied the crease for 42 balls for his 12. Wasim and Waqar proved that they are still jewels in the crown of Pakistan bowling when they shared five wickets between them and most importantly conceded only 27 runs in the last five overs of South African innings. Wasim finished with three for 31 to take his tally of wickets in the tournament to seven while Waqar ended up with two for 48 for tournament haul of 11 wickets. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Sri Lanka beat Pakistan ------------------------------------------------------------------- By Samiul Hasan TANGIERS, Aug 17: Pakistan's hopes of making to the final of the Morocco Cup were left hanging by the thread when Sri Lanka beat them by 39 runs in the fourth match. Chasing a target of 243, Pakistan batsmen committed hara-kiri and gifted their wickets to the Sri Lankans on a surface that, against expectations, had absolutely no demons. A late assault by Shahid Afridi (26 off 16 balls with three sixes) kept Pakistan's slim hopes alive in the competition when he denied Sri Lanka another bonus point. But the pinch-hitter, surprisingly relegated to ninth in batting order, couldn't avert the inevitable as Pakistan were bowled out for 203 with more than six overs to spare. Pakistan can now only reach the final if they secure a bonus point against South Africa Sunday and hope Sri Lanka defeat South Africa Monday. Pakistan had looked down and out when they were reduced to 29 for three in little over 10 overs and then 57 for four in 19.1 overs. But Yousuf Youhana rose to the occasion and together with Abdul Razzaq brought the team back in the game with a 70-run fifth wicket partnership. After Razzaq's (25) departure, Youhana added less than run-a-ball 30 with Wasim Akram. But the dismissal of Youhana in the 37th at 157 over proved to be the killer blow as Pakistan slumped to 179 for nine before Shahid's late but fruitless assault. Earlier, Sanath Jayasuriya won the crucial toss and had little hesitation in batting first. The skipper led from the front when he clobbered 12 boundaries and a six in his 94-ball 97 that later won him the Man-of-the-Match award. Jayasuriya put on 111 runs for the fourth wicket from 117 balls with Mahela Jayawardene (43). DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020818 ------------------------------------------------------------------- Shoaib back, Saqlain not considered ------------------------------------------------------------------- Sports Reporter KARACHI, Aug 17: Shoaib Akhtar was named in Pakistan squads for the Kenyan three-nation and ICC Champions Trophy tournaments. Off- spinner Saqlain Mushtaq, however, was not considered for the events in Nairobi and Colombo at his own request for family reasons. Shoaib, who was instrumental in Pakistan's stunning 2-1 win over world champions Australia in June, chose to skip the ongoing Morocco Cup and instead committed himself to club cricket in England. However, given his unpredictable mannerism and the fact that he is the favorite player of Pakistan Cricket Board, it is hardly a surprise to find Shoaib Akhtar back in the side. Shoaib, ironically, replaces Saqlain in the only change to the squad now playing in Tangiers. But batsman Misbah-ul-Haq has been omitted for the Champions Trophy in Colombo because the tournament rules require teams to have squads of 14 players each. The Pakistan team flies straight from Tangiers to Nairobi where the tournament starts Aug 29 with Waqar Younis' men taking on Kenya. All matches in the double league tournament will be played at Gymkhana Club Ground. Kenya not only stepped in to host the tournament on behalf of the PCB after Australia opted against playing in Pakistan for security reasons but also accepted the invitation after New Zealand pulled out of the event. After the final on Sept 7, all three participating teams depart for Colombo for the Champions Trophy. The 12-nation championship opens with Pakistan playing hosts Sri Lanka at the Premadasa Stadium on Sept 12. Pakistan then play Holland in their final Pool One tie at the SSC Ground nine days later (Sept 21). Only the four pool winners qualify for the semifinals on Sept 25 and 27 respectively. The final is slated for Sept 29. Squad for Nairobi: Waqar Younis (captain), Inzamam-ul-Haq (vice- captain), Saeed Anwar, Imran Nazir, Yousuf Youhana, Younis Khan, Abdul Razzaq, Shahid Afridi, Rashid Latif, Wasim Akram, Azhar Mahmood, Shoaib Akhtar, Shoaib Malik, Mohammad Sami, Misbah-ul-Haq. Squad for Champions Trophy: Waqar Younis (captain), Inzamam-ul-Haq (vice-captain), Saeed Anwar, Imran Nazir, Yousuf Youhana, Younis Khan, Abdul Razzaq, Shahid Afridi, Rashid Latif, Wasim Akram, Azhar Mahmood, Shoaib Akhtar, Shoaib Malik, Mohammad Sami. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020821 ------------------------------------------------------------------- Inzamam bitterly disappointed ------------------------------------------------------------------- Special Representative TANGIERS, Aug 20: Pakistan vice-captain Inzamam-ul-Haq was kicking himself for his unusual dismissal in the game against South Africa Sunday that led to pre-tournament favourites making an early exit from the Morocco Cup. "I am bitterly disappointed. That was the worst possible way to get out. It is still hurting me from inside because my dismissal proved to be the turning point in the game," Inzamam said. Inzamam was out hit wicket for the first time in his 11-year career when he lost his balance and dislodged the bail with his right toe against part-timer Justin Ontong after hitting him for a six. "It was just one of those incidents that one would like to forget as early as possible. But I must admit that it has not been easy to forget it also because Pakistan lost the game and were out of the tournament. As an experienced batsman, you shouldn't make these silly mistakes. But then that's part of the game and I hope I don't make it a habit," Inzamam said. But he believed he was slow in getting back to his full fitness and hoped to be at his best by the ICC Champions Trophy in Sri Lanka. "I did very little training and practice for this competition because I was recovering from the surgery. Therefore, I was lacking match practice and timing. Now this tournament has helped me to assist myself where I stand and I think I will regain my form by the Champions Trophy," he said. The 31-year-old admitted that there was pressure on him because he was the most experienced batsman and the team was largely depending on him. But he refused to admit that his form had dipped this year because he had been unable to hold the pressure. "I think I have handled the pressure well in the past and can still manage that. Yes, I didn't do well in this tournament and let the team down. But I was short of match practice and lacked proper timing. Nevertheless, if you look back at my career, I have always held the innings and the ample example are my runs which I have scored," he defended himself. "The pressure is to perform consistently as all the competitions that lead to the World Cup are prestigious and vitally important to Pakistan's chances. I know I have a big role to play and just can't remain an ordinary player or a liability. Like everyone, I am determined to regain the World Cup for the country because I know that this maybe my last chance," Inzamam said. players to sign contracts Meanwhile, two Pakistan players have signed contracts with the International Cricket Council (ICC) while the team management hopes that the remaining boys will submit their documents in the next 24 hours. Pakistan manager Yawar Saeed said Imran Nazir and Abdul Razzaq returned the contracts Monday evening. "I don't see any problems players signing the contracts because no one has come to me for any clarity on any of the clauses. I briefed the players in detail and have also checked with our sponsors. There is no conflict," Yawar said. Yawar said he had checked the list of the sponsors of the two competitions with the personal contracts of the players. He said his players were absolutely safe. "In fact, I have sent the sponsors names of the cricket bats to the ICC because one of the clauses is that no tobacco is to be promoted. Neither my players have contacts with the tobacco company or any of the rivals of the sponsors of the tournaments," he said. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020824 ------------------------------------------------------------------- PCB's shabby treatment of Saqlain and Saeed ------------------------------------------------------------------- By Ali Kabir The recently concluded Morocco Cup exposed Pakistan Cricket Board's (PCB) policy which has been to project the establishment at the cost of the players. The image of a sports body is reflected by the performance of the players and not the other way round. PCB has a novel method of dealing with the players. Sometimes it supports the players beyond all limits and then it drops them like a hot cake on the slightest pretext. The people at the helm of affairs want to run cricket issues on personal whims which has shaken the confidence of the players and because of this the performance graph of our team has not been consistent. The team's inconsistent performance is the result of board's ad hoc policies manipulated by one of its advisers, a former Pakistan captain, who himself was a mediocre cricketer in his heydays. When the adviser was captain of the Pakistan team he tried to promote off-spinner Arshad Khan and tried every time to run down Saqlain Mushtaq, a world class off-spinner highly acknowledged by all the greats of the game. Somehow, the adviser who has a sort of complex against players like Wasim Akram and Saqlain Mushtaq never gives them the credit they deserve. Wasim Akram and Saqlain Mushtaq were dropped in the final against Sir Lanka in the Asian Cricket Championship at Lahore and Pakistan lost. History repeated itself at Tangiers in the crucial match against South Africa where Saqlain and Saeed Anwar were dropped against South Africa in the do or die tie. Instead of playing them, the tour management committee, preferred Shoaib Malik as for some time the PCB high ups have been projecting him as an all-rounder. He replaced Saeed Anwar as an opener and Saqlain Mushtaq as an off-spinner. The board thought that it will be killing two birds with one stone but its move backfired for the second time. Inclusion of Shoaib Malik in fact exposed the cricket management's wrong policies when he conceded 15 runs in just one over that he bowled. The team captain perhaps on the advice of the dressing room just to save humiliation did not expose him further. When he came to bat, with the departure of Imran Nazir, Shahid Afridi who was sent in the earlier matches at No. 9 was all of a sudden promoted to No. 3, Shahid, in his own style collared the South African bowling and when he seemed to be tearing it apart, he hardly got any support from the other end where Shoaib played couple of maiden overs. This dampened the spirit of the team and sent wrong signals into the dressing room. When he was out the new batsmen came under undue pressure. The theory of rotation of players now being preached by the PCB high-ups just backfired. No doubt the players should be saved from burnout but who should decide when someone has to be rested. The first choice should be of the players themselves and then others come in for their views. The team management on its own cannot and should not take the decision. Secondly, the policy cannot be applied every time. The team situation too has to be taken into consideration. If Saeed Anwar and Saqlain were rested on the policy of rotation, those who took the decision should be taken to task. They have no business to be paid heavily for such nonsense. It was a do or die situation and none of the players would have liked to be rested in such a situation. PCB hired an army of specialists to accompany the team on every tour. There is a analyst, a psychiatrist, a team doctor, a physiotherapist, a manager and a coach. One would just like to know what has been the achievement of the psychiatrist. What wonders has he performed with the players. When the team won the series against Australia, every official was rewarded for his contribution to the team's effort. They were all presented before the President who acknowledged their services and duly rewarded them. It seems that perhaps, victory against Australia was the end of cricket world. The PCB officials jumped to the conclusion that they have found a world beating combination and the World Cup next year is just a formality. It started, in fact blackmailing the players. When wicket-keeper Rashid Latif asked for permission to go to Houston (United States) to play in the double wicket championship last month, the PCB delayed the permission. But later Rashid Latif was allowed to proceed to Houston after some other players were given permission for the same trip. These are dirty tricks and cheap management. Such tricks do more harm to the game and the team spirit than doing any good. The job of dealing with 16 players with different background, and different bloodline requires extraordinary intelligence, patience, farsightedness and perseverance. Shoaib Akhtar is being praised by all the high-ups of the board beyond imagination. No doubt he is rated as the fastest bowler today. But he has to conduct himself in order to remain on top. He should be treated at par with other players of the team. Any preferential treatment will cause heartburn among the players. Wasim Akram though down the hill, is the greatest bowler that Pakistan has produced. He has 400 victims in both the editions of the game. A milestone which, Shoaib, perhaps will never be able to achieve. How come Shoaib was allowed to proceed to United Kingdom when the team was in camp training for the Morocco Cup, Kenya and Sri Lanka tours. He wanted a break. Well if he wanted a break how come he was playing in England? What sort of break is this? Can the PCB chief please explain? Now it has been gathered that Dr Meesaq Rizvi is being sent to England to check on the fitness of Shoaib Akhtar for his inclusion for the Kenya tour. It seems that Dr Rizvi is more qualified than doctors in England. If the board wanted to oblige Dr Rizvi, it could have appointed him as the team doctor. His assignment to test Shoaib is mind-boggling and a sheer waste of money. If Shoaib wanted his inclusion in the team, he should have been asked to come home and report to the PCB which could have arranged a cost free test and put him at one of the academies to gain full fitness if he was really out of action during his absence. The PCB should treat all the players alike. It should not give stepmotherly treatment to some and go out of its way to pamper others. Unless this policy is adopted for all the team members, no one should expect any better performance. Nobody is prepared to believe that a team which has ten centurions in its line up cannot chase a target of 196 runs. It was because of poor policy of the PCB that we have not been able to build a world beating combination. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020823 ------------------------------------------------------------------- Jansher refused wild card for not appearing in trials ------------------------------------------------------------------- Sports Reporter ISLAMABAD, Aug 22: Former champion Jansher Khan was not given a wild card for next month's CNS International Championship in Karachi because he neither appeared in the trials nor was he registered with the Professional Squash Association, a top official told Dawn. "To be eligible for a wild card he had to appear in the trials held in Karachi on Aug 15 to pick one player and also he had to be registered with the PSA, which he wasn't," the official of the Pakistan Squash Federation (PSF) said. Khayal Muhammad earned the wild card for the $25,000 event. Jansher, who announced this month his intentions of returning to the sport which he so effectively dominated for almost a decade, claimed Wednesday he considered appearing in the trials or the qualifying rounds "shameful". The PSF official however said that Jansher could be given the wild card for the CAS International Championship in October. "No decision has yet been taken in this regard but he might be considered." Jansher, 33, has now said he would rather make his comeback in Europe by competing in smaller tournaments for which he was sure to be offered a wild card before moving on to bigger events. The Peshawar-based Jansher won plenty of silverware during his career including eight world titles and six British Open crowns. He quit the sport in 1999. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 20020822 ------------------------------------------------------------------- Jansher looks to Europe for comeback ------------------------------------------------------------------- DUBAI, Aug 21: Former world squash champion Jansher Khan said he aims to be back on court within three months, but not in his homeland of Pakistan, which refused him a wildcard for an upcoming tournament. "I hope to be a member of the Professional Squash Association (PSA) within a week or two ... and back on court within three months at a PSA event," Jansher told a press conference here en route from Pakistan to Europe. Jansher said he was sure he would be offered a wildcard at "any of the 35-40,000 dollar tournaments in Europe." "I need to play three or four (minor) tournaments to get confidence," before challenging the world's top players "within eight months," Jansher said, adding that he thought the standard of squash had come down from his heyday 10 years ago. He also blasted the Pakistan Squash Federation for refusing him a wildcard for the 30,000-dollar September 18-23 Chief of Naval Staff Open in Karachi. "I am quite upset and sad with the decision," Jansher said, stressing that the federation had not given him a reason why an original verbal offer of a wildcard was rescinded. But Jansher, with only two competitive matches under his belt in four years, refused to play in any tournament qualifying rounds: "That would be shameful ... I won't do that." After two knee operations in 1997, Jansher failed to regain full fitness and his last competitive match resulted in a first round defeat to Jonathan Power of Canada in June 1999. "I've been playing every day for the last four months. I don't feel any pain and am gaining confidence every day," Jansher said of his knee and groin injuries.-AFP ------------------------------------------------------------------- You can subscribe to DWS by sending an email to <subscribe.dws@dawn.com>, with the following text in the BODY of your message: subscribe dws To unsubscribe, send an email to <unsubscribe.dws@dawn.com>, with the following in the BODY of you message: unsubscribe dws ------------------------------------------------------------------- Back to the top.
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