‘Defiant’ Musharraf ready to take on Pak SC head-on if summoned

Washington, May 20 (ANI): Accepting the challenge thrown at him by Prime Minister Yousuf Raza Gilani and Pakistan Muslim League-Nawaz Chief (PML-N) Nawaz Sharif, former Pakistan President General Pervez Musharraf has said that he is ready to appear in the Supreme Court if summoned in any case.

“I only hope that justice will be done,” Musharraf said.

Interacting with media persons during a press conference here, Musharraf clarified that he has no regret over any decision taken by him during his eight-year long tenure.

The Lal Masjid operation, Akbar Bugti’s murder, NRO and decisions taken regarding the judiciary, and all other decisions were taken in light of the situation at that time, Musharraf said.

In December last year, Pakistan’s Supreme Court declared the emergency imposed by Musharraf in 2007 as unconstitutional and illegal, and went on to strike down the amnesty law, the National Reconciliation ordinance (NRO), following which several criminal and civil cases were filed against Musharraf.

Responding to a question regarding the United Nations inquiry report, which held his regime responsible for the assassination of former Prime Minister Benazir Bhutto, Musharraf stressed that Bhutto was provided full security cover, and that the then government could not be blamed for the gun and bomb attack on December 27, 2007.

He said Bhutto’s death was a great loss, but to implicate him and other top officials such as the then Director General Military Intelligence (MI) was part of a conspiracy.

Musharraf said he would return to the country soon and participate in elections, adding that he would formally announce his political party in few days.

“As far as a date for returning to Pakistan is concerned, I have not fixed a date but there is one desire. Whenever the next elections are held, whether they are end-term or mid-term, I will return to Pakistan before that,” The Nation quoted Musharraf, as saying.

Meanwhile, Musharraf’s legal advisor Chaudhary Fawad said that the Supreme Court cannot summon the former President on the NRO issue as the apex court does not have the authority to do so and it can only review the law. (ANI)

Awan to appear before SC to explain government’s stance on Swiss case against Zardari

Islamabad, May 15 (ANI): Pakistan Law Minister Babar Awan is likely to personally appear before the Supreme Court on May 25 and explain the reasons behind the government’s decision not to formally ask the Swiss government to open the money-laundering cases against President Asif Ali Zardari.

The Supreme Court has expressed its discontent over the government’s inaction in light of its December 2009 verdict declaring the controversial amnesty law, the National Reconciliation Ordinance (NRO) as ‘unconstitutional’ following which all pending cases against Zardari and other beneficiaries of the NRO had to be reopened.

The apex court had summoned Awan to highlight the official stand concerning the case, as many contradictions had appeared in the past due to the government’s continuous flip-flops over the issues, The News reports.

Earlier, Attorney General Maulvi Anwar-ul-Haq had told the Supreme Court that Law Secretary Justice (retired) Muhammad Aqil Mirza , who has resigned, had made it clear that the Swiss cases had been closed and that there was no need for any communication with the Swiss government to reopen the multi-million dollar money laundering cases.

Cases against Zardari and 157 others were reopened after the Supreme Court declared the controversial amnesty law, the National Reconciliation Ordinance (NRO) as ‘unconstitutional’ in December last year.

Zardari and his assassinated wife Benazir Benazir were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks, but that verdict was overturned on appeal. In 2008, Swiss judicial authorities said they had closed the file related to the case. (ANI)

Zardari’s electoral eligibility cannot be challenged by any court or authority: SHC

Karachi, May 13 (ANI): Backing the electoral validity of President Asif Ali Zardari, the Sindh High Court (SHC) has observed that it can not be challenged before any court of law or authority.

Hearing a petition filed by Advocate Maulvi Iqbal Haider challenging Zardari’s electoral eligibility, a division bench headed by Justice Sarmad Jalal Osmany said that the Chief Election Commissioner had already dismissed Haider’s plea, and that the validity of nomination papers filed in 2008 could not be allowed to be challenged in 2010 on the basis of “ flimsy, fake and fabricated grounds.”

Haider, in his petition, had said that being a beneficiary of the now defunct amnesty law, the National Reconciliation Ordinance (NRO), Zardari was not qualified for contesting the presidential elections.

He argued that Zardari’s nomination papers were liable to be re-scrutinised in light of the Supreme Court’s NRO verdict on December 16, 2009.

After hearing Haider’s argument, the SHC dismissed his petition observing that Zardari didn’t enjoy any immunity under the NRO.

“ We have heard the petitioner in person and have pointed out to him provision of Article 41(6) of the Constitution which in so many words provides that the validity of election of the President shall not be called in question by or before any court or other Authority,” The Dawn quoted the court’s ruling, as saying.

“ The petitioner did not have any locus-standi to challenge the Presidential election on ground that Asif Ali Zardari was disqualified for any reason to contest the same. The crux of petitioner’s arguments is that after decision of the Supreme Court of Pakistan declaring National Reconciliation Ordinance, 2007, null and void ab initio, any benefit derived by any person in pursuance of Section six thereof was also declared none to have legally accrued to any such person and consequently of no legal effect,” the ruling said. (ANI)

Pak law secretary resigns over Zardari Swiss cases controversy

Islamabad, May 8 (ANI): In an apparent bid to avoid confrontation with the Supreme Court, Pakistan Law Secretary Justice (retired) Muhammad Aqil Mirza has resigned from his post.

Mirza cited health reasons for his resignation, however sources said the main reason behind him stepping down was that he didnot want to appear before the apex court in the sou motu hearing of a case concerning the Swiss graft cases against President Asif Ali Zardari.

The hearing is scheduled to take place on May 13, The Daily Times reports.

Earlier this week, Attorney General Maulvi Anwar-ul-Haq had told the Supreme Court that Mirza had made it clear that the Swiss cases had been closed and that there was no need for any communication with the Swiss government to reopen the multi-million dollar money laundering cases.

Cases against Zardari and 157 others were reopened after the Supreme Court declared the controversial amnesty law, the National Reconciliation Ordinance (NRO) as ‘unconstitutional’ last December.

Zardari and and her assassinated wife Benazir Benazir , were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks, but that verdict was overturned on appeal. In 2008, Swiss judicial authorities said they had closed the file related to the case. (ANI)

Sindh High Court quashes petition challenging Zardari’s electoral eligibility

Karachi, Apr.22 (ANI): The Sindh High Court has quashed a petition challenging President Asif Ali Zardari’s eligibility, saying he enjoys constitutional amnesty from court proceedings.

Chief Justice Sarmad Jalal Osmani observed that the 2008 Presidential election could not be challenged, and that Zardari could only be removed from the chair through impeachment.

The petition filed by advocate Maulvi Iqbal Haider asked for scrutiny of Zardari’s nomination papers by the election commission saying that he too was a beneficiary of the defunct National Reconciliation Ordinance (NRO).

The petitioner also argued that following the Supreme Court’s judgement on the NRO, all those cases dismissed under the controversial amnesty law were restored.

It may be noted that in December last year, a 17-member judge bench, headed by Chief Justice, Iftikhar Muhammad Chaudhry, had declared the NRO as “unconstitutional” and “invalid from the outset”. (ANI)

Pakistan tables long-awaited constitutional reforms

(Reuters) – The Pakistani government introduced a constitutional bill in parliament Friday to transfer President Asif Ali Zardari’s sweeping powers to the prime minister, possibly ending months of political wrangling.

World

The set of reforms, known as the “18th Amendment Bill,” is expected to be passed by the two-chambered parliament, effectively turning Zardari into a titular head of state.

The development may help calm political opposition to Zardari, but the government faces mounting pressure from an assertive Supreme Court to reopen corruption cases against the president after it threw out a controversial amnesty law in December.

“I suspect that after the signing of the 18th amendment, it (the political environment) is going to change,” said Samina Ahmed, South Asia director for the International Crisis Group.

“Part of the problem is structural. Nobody knows where the locus of authority lies.”

Because of that uncertainty, she said all branches of government are trying to expand their powers at the expense of the others.

“There’s a little bit of muscle flexing all around.”

But if the 18th Amendment goes through smoothly, the center of authority goes to the parliament, “with the judiciary interpreting” — possibly leading to a less assertive bench.

“It will settle down,” Ahmed predicted.

That hasn’t happened yet. On Friday, Pakistan’s Attorney General Anwar Mansoor Khan resigned, just one day after he told the Supreme Court that the law minister and his ministry were not providing him documents relating to corruption cases against thousands of people, including Zardari.

“It had become impossible for me to work in such a situation,” Khan told Reuters.

Analysts say that even as a ceremonial president, Zardari would still yield considerable influence from his position as head of the Pakistan People’s Party, the country’s largest political party.

The PPP was once led by former prime minister Benazir Bhutto, Zardari’s wife, who was assassinated in December 2007.

Under the proposed constitutional amendments, the president will lose his key powers, including the authority to dissolve the national assembly and appoint powerful military chiefs and the chief election commissioner.

The bill gives the prime minister final say on dissolving the national assembly and appointing the heads of the armed forces. The bill also shifts Zardari’s powers to appoint judges to a commission comprised of senior judges and government figures.

Farah Ispahani, a senior PPP leader, said it was wrong to say the bill “stripped” Zardari of his powers, “as he himself sought to restore the constitution to its original form without the amendments imposed by dictators.”

Most analysts, however, say Zardari only agreed to the reforms reluctantly after intense political pressure.

“FOCUS OF STORMS”

Prime Minister Yusuf Raza Gilani, a staunch Bhutto loyalist, will emerge as the powerful head of the government after these constitutional reforms are adopted. Analysts say his role will come under increased scrutiny in the future.

“You think that the prime minister will become stronger after these amendments but I think now I will be the focus of all storms,” Gilani told parliament before the introduction of the bill.

“These proposals will strengthen democratic institutions.”

The reforms would also abolish the two-term limit on prime ministers, allowing Nawaz Sharif, a two-time former prime minister and now opposition leader, to contest for a third term after general elections due in 2013.

Under the bill, provinces will get greater autonomy, while the mainly ethnic Pashtun North West Frontier Province bordering Afghanistan gets a new name as “Khyber-Pakhtunkhwa” in a bid to represent its dominant population.

The legislation is likely to be passed by far more than the two-thirds super-majority needed in parliament because it has been drafted by a parliamentary committee made up of all political groups.

No date has been fixed for its adoption.

(Editing by Chris Allbritton and Jerry Norton)

Pakistan top judge again at centre of controversy

(Reuters) – Being a thorn in the side of Pakistan’s presidents is a familiar role for the country’s top judge, but long-time allies of the chief justice now worry that the conflict between the two branches is about more than the law.

The fight between Pakistan’s judiciary and executive branches, as they dig in for another round of legal fisticuffs over the fate of President Asif Ali Zardari, is about old corruption cases reopened after a controversial amnesty law was thrown out in December.

But the Chief Justice of the Supreme Court Iftikhar Chaudhry — and his colleagues on the court — are also playing to the crowds, a long-time friend says.

“They are playing for the galleries, giving populist remarks,” said retired judge Tariq Mehmud, who has known Chaudhry, 61, for more than 30 years. “That should not be done.”

The chief justice and members of his office declined to comment for this story.

Chaudhry’s many supporters say he’s standing up for ordinary Pakistanis disgusted by the rampant corruption among the ruling class.

They say he is a man of honor who has checked two unpopular presidents — Zardari and former military president Pervez Musharraf before him.

“For the first time the judiciary has become independent,” said Rasul Bakhsh Rais, political science professor at Lahore University of Management Sciences.

“We can’t really correct the political system and hold public office holders accountable without an independent judiciary,” But not everyone is happy with Chaudhry. He has reopened old cases after the voiding of the 2007 amnesty law, thrown out by the Supreme Court on the grounds that it was unconstitutional.

The amnesty had protected several thousand people — including Zardari — from old corruption charges and allowed their return to politics. With the amnesty revoked, these cases are active again.

“The real contest is between those forces in Pakistan who want to establish the rule of law and those who want to flout it,” said Rais.

Chaudhry himself is a reminder that the government can’t afford to push the judiciary too hard.

Former military president Pervez Musharraf suspended Chaudhry in March 2007, apparently fearing the judge would oppose his legally questionable bid to hold on to power.

The move triggered large protests and violent clashes.

His old friend Mehmud said at the time Chaudhry was buoyed by the mass support.

“He’s feeling great, he’s very happy,” Mehmud said.

“It was beyond his expectation, he couldn’t conceive it,” he said of the outpouring of support.

Musharraf dismissed Chaudhry later that year but he was reinstated by Zardari after Musharraf was forced from office, but not immediately and only after considerable pressure on the new president.

Zardari was apparently wary that Chaudhry would do exactly what he ended up doing — throw out the amnesty.

What critics see as Chaudhry’s dogged pursuit of Zardari may be eroding his appeal now, however, at least in some circles.

His old friend Mehmud now criticizes him, albeit indirectly, given the expansive nature of Pakistan’s contempt of court laws, which make criticizing specific justices risky.

“Some judges are ridiculing and threatening people, which is not the way an apex court should behave,” he said.

Mehmud was referring to recent reports that Chaudhry was hauling second-level bureaucrats before the bench and berating them for not implementing his decision on the amnesty law quickly enough.

Indeed, the liberal Dawn newspaper wrote in an editorial on Wednesday that the Supreme Court was “on the warpath” and that it appeared the court was interested only in the fate of Zardari and his inner circle.

“The Supreme Court must always be wary of even a hint of personalization in its actions,” the paper wrote.

Another senior lawyer involved in restoring Chaudhry said the judiciary’s concentration on high-profile and political cases was breeding disappointment among ordinary litigants.

“Basically, only one case is being heard every day. The actual cases of the people are not being heard,” he said. “Definitely it causes resentment.”

Dedicated to the law and to his wife and four children, Chaudhry is a workaholic with few outside interests, colleagues say.

(Additional reporting by Kamran Haider, Zeeshan Haider and Michael Georgy; Edited by Jerry Norton)

Pakistan tables long-awaited constitutional reforms

(Reuters) – The Pakistani government introduced a constitutional bill in parliament Friday to transfer President Asif Ali Zardari’s sweeping powers to the prime minister, possibly ending months of political wrangling.

World

The set of reforms, known as the “18th Amendment Bill,” is expected to be passed by the two-chambered parliament, effectively turning Zardari into a titular head of state.

The development may help calm political opposition to Zardari, but the government faces mounting pressure from an assertive Supreme Court to reopen corruption cases against the president after it threw out a controversial amnesty law in December.

“I suspect that after the signing of the 18th amendment, it (the political environment) is going to change,” said Samina Ahmed, South Asia director for the International Crisis Group.

“Part of the problem is structural. Nobody knows where the locus of authority lies.”

Because of that uncertainty, she said all branches of government are trying to expand their powers at the expense of the others.

“There’s a little bit of muscle flexing all around.”

But if the 18th Amendment goes through smoothly, the center of authority goes to the parliament, “with the judiciary interpreting” — possibly leading to a less assertive bench.

“It will settle down,” Ahmed predicted.

That hasn’t happened yet. On Friday, Pakistan’s Attorney General Anwar Mansoor Khan resigned, just one day after he told the Supreme Court that the law minister and his ministry were not providing him documents relating to corruption cases against thousands of people, including Zardari.

“It had become impossible for me to work in such a situation,” Khan told Reuters.

Analysts say that even as a ceremonial president, Zardari would still yield considerable influence from his position as head of the Pakistan People’s Party, the country’s largest political party.

The PPP was once led by former prime minister Benazir Bhutto, Zardari’s wife, who was assassinated in December 2007.

Under the proposed constitutional amendments, the president will lose his key powers, including the authority to dissolve the national assembly and appoint powerful military chiefs and the chief election commissioner.

The bill gives the prime minister final say on dissolving the national assembly and appointing the heads of the armed forces. The bill also shifts Zardari’s powers to appoint judges to a commission comprised of senior judges and government figures.

Farah Ispahani, a senior PPP leader, said it was wrong to say the bill “stripped” Zardari of his powers, “as he himself sought to restore the constitution to its original form without the amendments imposed by dictators.”

Most analysts, however, say Zardari only agreed to the reforms reluctantly after intense political pressure.

“FOCUS OF STORMS”

Prime Minister Yusuf Raza Gilani, a staunch Bhutto loyalist, will emerge as the powerful head of the government after these constitutional reforms are adopted. Analysts say his role will come under increased scrutiny in the future.

“You think that the prime minister will become stronger after these amendments but I think now I will be the focus of all storms,” Gilani told parliament before the introduction of the bill.

“These proposals will strengthen democratic institutions.”

The reforms would also abolish the two-term limit on prime ministers, allowing Nawaz Sharif, a two-time former prime minister and now opposition leader, to contest for a third term after general elections due in 2013.

Under the bill, provinces will get greater autonomy, while the mainly ethnic Pashtun North West Frontier Province bordering Afghanistan gets a new name as “Khyber-Pakhtunkhwa” in a bid to represent its dominant population.

The legislation is likely to be passed by far more than the two-thirds super-majority needed in parliament because it has been drafted by a parliamentary committee made up of all political groups.

No date has been fixed for its adoption.

(Editing by Chris Allbritton and Jerry Norton)

Troubles for Zardari set to rise as NAB asks Swiss govt. to re-open corruption cases

Islamabad, Mar.31 (ANI): In what might increase troubles for Pakistan President Asif Ali Zardari, the National Accountability Bureau (NAB) has written letters to the Swiss Government for the reopening of corruption cases pending against him in the country.

During a hearing, NAB’s counsel Abid Zuberi told the Supreme Court that the bureau, in its letter, has asked the Swiss government to reopen cases pending against Zardari and the former Pakistani Attorney General Malik Qayyum in accordance with the apex court’s verdict against the National Reconciliation Ordinance.

“In light of directions of the court on the revival of the Swiss cases, the NAB has initiated the process,” The Dawn quoted Zuberi, as saying.

It may be noted that Zardari and former premiere Benazir Bhutto were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks. But the verdict was quashed on appeal.

The Supreme Court has declared the controversial amnesty law, the NRO, as ‘Unconstitutional’ in November last year.

Reopening of Swiss cases tantamount to trial of Benazir’s grave: Pak govt.

Islamabad, Mar.23 (ANI): The Pakistan government has filed a review petition in the Supreme Court against the National Reconciliation Ordinance (NRO) verdict to reopen the Swiss cases against President Asif Ali Zardari, saying that doing so would be tantamount to a trial of former premier Benazir Bhutto’s grave.

“An order to reopen cases abroad would be tantamount to putting Benazir Bhutto’s grave on trial, which is against all norms of justice, decency, morality and the law,” the petition said while adding that the apex court had made several mistakes by declaring the NRO ‘unconstitutional.’

The petition also said that the court did not pay heed to the government’s stance regarding several important issues while striking down the amnesty law, the NRO.

The government has also questioned the legality of mutual legal assistance in the context of the Swiss cases in its petition, The Daily Times reports. (ANI)

Reopening of Swiss cases tantamount to trial of Benazir’s grave: Pak govt.

Islamabad, Mar.23 (ANI): The Pakistan government has filed a review petition in the Supreme Court against the National Reconciliation Ordinance (NRO) verdict to reopen the Swiss cases against President Asif Ali Zardari, saying that doing so would be tantamount to a trial of former premier Benazir Bhutto’s grave.

“An order to reopen cases abroad would be tantamount to putting Benazir Bhutto’s grave on trial, which is against all norms of justice, decency, morality and the law,” the petition said while adding that the apex court had made several mistakes by declaring the NRO ‘unconstitutional.’

The petition also said that the court did not pay heed to the government’s stance regarding several important issues while striking down the amnesty law, the NRO.

The government has also questioned the legality of mutual legal assistance in the context of the Swiss cases in its petition, The Daily Times reports. (ANI)

UN torture monitor says US obliged to go after CIA torturers

Vienna – The US would be in breach of international law if it does not prosecute CIA officials for torturing alleged terrorists, the United Nations’ monitor on torture Manfred Nowak said in a newspaper interview published Saturday in Austria.

The UN Special Rapporteur on torture was reacting to the announcement by US President Barack Obama that CIA operatives who used harsh interrogation tactics authorized by the Bush administration should not be held responsible.

“Like all other contracting states to the UN convention against torture, the US has committed to conduct criminal investigations of torture and to bring all persons to court against whom there is sound evidence,” the Austrian human rights expert was quoted as saying by the daily Der Standard.

Nowak said he did not think the president would not go so far as to issue an amnesty law for CIA operatives. Therefore US courts could still try torture suspects.

Obama said that CIA operatives were following the legal advice of the Bush-era Justice Department, and that “nothing will be gained by spending our time and energy laying blame for the past.”

Before bringing alleged torturers to court and compensating their victims, it was important that an independent entity investigate the matter, Nowak said.

The CIA has previously acknowledged submitting three terrorism suspects to a simulated drowning technique called waterboarding, including Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001, terrorist attacks. (dpa)