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United States Names Todd Park As The Country’s New Chief Technology Officer

Posted on 11 March 2012 by Tea Server

  US President Obama today is appointing Todd Park as the new U.S. Chief Technology Officer, with the important task of applying the newest technology and latest advances to make the Federal government work better for the American people.   For nearly three years, Todd has served as CTO of the U.S. Department of Health and Human Services, where he was a hugely energetic force for positive change. He led the successful execution of an array of breakthrough initiatives, including the Continue Reading



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Fixing Pakistan’s Energy Crisis

Posted on 28 February 2012 by Tea Server

Out of all the problems we faceas a country, Energy seems to be the one that annoys us all the most. It’s notthat other issues are not important or are somehow less annoying; it is justthat every single person in Pakistan uses energy in one form or another andhence is directly affected by it at a very personal level. So last week when Iwas invited as an expert delegate to the PML N’s energy conference I waspleasantly surprised that our political parties had finally started showingsigns of maturity and started talking issues.

The conference itself was anunusually serious affair where actual experts sat through a grueling 6 hourdiscussion session on the draft PML N Energy Plan. It was for the first time Ihave seen an actual alternative workable policy being presented and discussedby a political party with stakeholders such as academia, power producers andenergy experts. All in all it was a great platform and serious discussion tookplace that can potentially lead to a solid energy strategy. I was later toldthat PTI was holding an energy conference of its own and would be presentingtheir draft plan as well. I am yet to see the detailed PTI draft plan, but the vision document they have floated is pretty weak given their big talk and prep.

Let me start off by saying that,it is nice to see our political parties finally getting their acts together andactually presenting policies instead of talking about presenting policies. Eventhough I would have personally preferred the perspective economic plans to beput forward first but a start on an issue like energy strategy seems to bepretty good too. This is a national issue and we need all the alternativepolicies we can get to finally craft a solid national policy and in that regardpolitical parties putting forward their workable strategies is something thepeople have longed for. 

And in that spirit, I would liketo present a few ideas that can help with our energy crisis. I presented someof these ideas at the PML N conference while some are new. I do hope that PTI,PPP or any other political party working on a future energy strategy take thesein to account as they have already been thrashed out and discussed in detail byexperts.

  • ReplacingThermal Power Fuel:  Pakistanproduces about 81% of its electricity through Oil and Gas which costs us aboutUSD 9.4 Billion. To put it in other terms, that is about 53% of our totalexports and is the biggest cost on our import bill. Now given that our relianceon thermal power is so large, we cannot just simply dismantle it and magicallymove to hydro power. But what we can do is change the fuel used to gain thermalpower. Instead of using Oil and Gas, both of which are getting more expensiveand have volatile international prices, we can move to using coal. But not theThar Coal, I will explain why later, but imported Coal. If we were to importclean coal and use that as a fuel instead of Oil and Gas, it would cost us lessand the price of coal is more stable than that of Oil and Gas in theinternational market. This can bring some sort of price stability in ourelectricity prices that keep changing due to changes in international market prices.
  • Movingpast the myth of Thar Coal:  Yes there iscoal in Thar. But assuming that it can be used immediately or it will solve allour energy problems is a myth propagated by a few people and political partiesfor their personal gains. Experts agree that Thar Coal is highly unstable andeven gasification of it is not without risks. The problem is because it is sounstable, it is very difficult to transport from location A to B. So the onlyoption left is Gasification on location, which again requires heavy investmentand even then might have practical difficulties due to the unstable nature ofthe coal deposits. So instead of wasting time and effort on this, for now weshould be focusing on importing coal to at least start replacing the everincreasing oil and gas bill.
  • ImprovedEnergy Mix:  Energy Mixrefers to what sources of energy do we utilize in Pakistan to fulfill ouroverall energy needs. I need to give credit to the PML N on this one as theyare the first ones to talk of the holistic energy mix and not just the CNG orthe Electricity crisis. The fact is all our energy is interdependent. I havepreviously advocated that we need to move off CNG as we simply do not haveenough of it to supply the commercial, industrial and home users. It is nowtime that any future energy strategy Pakistan is supposed to have comes with aproper energy mix to solve our issues. As mentioned earlier, we need to moveoff Oil and Gas for Power generation. We need more Hydel Plants and RenewableEnergy projects. In the next 5 years we need to aim at getting 5% of our totalpower supply from Renewable sources. In addition to that we need to use theNuclear Power we are so proud of to supply electricity. Right now we are atabout 3% power generation from nuclear sources, which have to go up to at least5%. So an overall improved energy mix is what can solve our issues in the longrun.
  • Standalone Power Projects:   This is asuggestion that I gave at the conference and I am advocating it now again.About 40% of Pakistan is off the National Grid. That means they effectively getto no electricity. Now thing is the way our grid operates, it is alreadysuffering from heavy line losses and other technical issues. So it is extremelyhard and very expensive to get 40% of Pakistan on to the National Grid. Butthere are solutions to this. We can work on and finance independent stand alonepower projects that can function in areas where there no national grid. Thisway the local communities and businessmen can set up their own energy solutionswithout taking prior permission from NationalElectric Power Regulatory Authority like they have to now. That wouldmean they can set up small scale Solar Panels and Plants in their communitiesand sell that electricity locally. In addition to that small wind farms can beused in such area given they are close to a wind corridor. The bottom line is,in areas that do not come under the National Grid, let people do what they canto supply themselves with electricity without any government involvement.
  • Dismantlethe National Grid:   This is asuggestion I have already presented to the PML N and I am putting out there forevery other party as well. The National Grid needs to be dismantled andprovincialised. I say this due to a few reasons. Under the 18thamendment, the profits of power generations to go the province that isproducing the power, so its profits according to source for power generations.That means, if electricity is being produced at Tarbela, royalties of that arebeing paid to KP Government by all other provinces. But what happens is theysell it to the National Grid and then the National Grid sells it down to theDistrict Electrical Supply Companies, who further sell the power to theconsumers. This way if there is a shortfall, National Grid chooses theelectricity supply patterns and hence decides which areas suffer outages themost. What I am saying is this, if we dismantle the National Grid and changethe electricity supply in to an open market, where Provincial Grids can buyenergy directly from source it would improve the power supply and would be morefinancially beneficial for the power producing province. This way the provincesthat have the most issues with electricity supply can simply outbid the othersto get enough for their local demand. This would not be privatization butprovincialization and this would encourage provincial governments to startdoing more for their people instead of relying on the Federal Government. Thiscan eventually lead to provinces working harder to upgrade their grids andreduce their line losses as their people would know exactly who to blame if thepower goes out. I think it is time we started thinking on these lines giventhat the 18th amendment has already passed and provincial autonomyis our future.

I do hope that our politicalparties come with their own alternative strategies while taking these points into account. Because this is a national issue and on this all solutions shouldbe explored by everyone involved. 
Syndicated from: Seedhi Baat

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Rehman Malik Relied on Punjab Police Report on Bhutto Murder Briefing Sindh Assembly

Posted on 21 February 2012 by Tea Server

Rehman Malik Relied on Punjab Police Report on Bhutto Murder Briefing Sindh Assembly

NADEEM MALIK
It seems as though not much has been achieved in the Benazir Bhutto murder case as Interior Minister Rehman Malik on Tuesday not only admitted that planners of the murder are still at large, but also insisted that more time is required to collect further evidence.
Malik shared this and other details of the investigation of the former prime minister and Pakistan People’s Party chairperson’s murder case while briefing the Sindh Assembly session. He blamed Baitullah Mehsud, the Haqqani network and the banned Tehrik-i-Taliban Pakistan (TTP) for planning the murder and said 27 terrorist groups helped in executing the plan. (Dawn)

Reported News Details of the CID Reports
The United Nations Inquiry Commission, headed by Heraldo Munoz, was informed by the CID officials of Punjab Police during the course of its investigations that the assassination of Benazir Bhutto had been masterminded by the slain Ameer of the Tehreek-e-Taliban Pakistan (TTP) Commander Baitullah Mehsud and the bomber, who exploded himself outside the Liaquat Bagh in Rawalpindi, was one Saeed alias Bilal, a resident of South Waziristan Agency.
According to official documents provided to the UN Inquiry Commission by the CID Punjab, a group of 12 militants was actually dispatched to the garrison town of Rawalpindi, a day prior to Benazir Bhutto’s December 27, 2007 election rally, to physically eliminate the PPP leader, who was touring Punjab in connection with her party’s election campaign. The FIR of the Benazir Bhutto murder case was registered by the Rawalpindi police under sections 302/324,435,436,120-B/4/5ESA,7/ATA while investigations were carried out by the Additional Inspector General CID Punjab Chaudhry Abdul Majeed.
According to the CID documents, four of the 12 militants tasked to kill Benazir Bhutto belonged to Madrassa Haqqania in Akora Khattak near Peshawar, which is also referred to as Darul Uloom Haqqania. The Madrassa is being run by Maulana Samiul Haq, the pro-Taliban Ameer of his own faction of the Jamiat Ulema-e-Islam. Three of the 12 TTP militants have been shown in the CID documents as already killed, including the suicide bomber. Of the remaining nine accused, five have already been arrested by police while the remaining four are still at large.
Additional Inspector General of the CID Punjab, Malik Mohammad Iqbal, when asked if the Punjab CID still owns its findings into the Benazir Bhutto murder case, said the assassination inquiry was actually conducted by a Joint Investigation Team (JIT), which was headed by the then additional DIG CID and representatives of the Rawalpindi police.
He said it was a joint probe on the basis of which the challan of Benazir Bhutto murder case had been submitted with a Rawalpindi anti-terrorism court, which still holds ground and the trial of the arrested accused is still on.
The three accused shown as already dead include the human bomb Saeed alias Bilal (r/o Waziristan), Nadir alias Qari Ismail (r/o Madrassa Haqqania, Akora Khattak) and Nasrullah r/o Madrassa Haqqania, Akora Khattak). Four other accused in the Benazir Bhutto murder, who are still at large and have already been declared proclaimed offenders include Ikramullah r/o South Waziristan, Abdullah alias Saddam r/o Mohmand Agency, Faiz alias Kiskit, an ex-student of Madrassa Haqqania, Akora Khattak and Abdur Rehman alias Noman alias Usman, an ex-student of Madrassa Haqqania.
The remaining five accused already in the custody of the Rawalpindi police and being tried for the Benazir Bhutto murder include Rafaqat, Hasnain Gul, Sher Zaman, Rasheed Ali and Aitzaz Shah.
According to the findings of the CID, Baitullah Mehsud had given Rs 400,000 to one Qari Ismail, who subsequently dispatched a group of suicide bombers and shooters to Rawalpindi to kill Benazir Bhutto.
The UN Commission was told by some senior CID officials that the TTP militants had planned to target Benazir Bhutto in different cities, wherever she was going in connection with her campaign, until she was finally killed.
According to the CID narrative, 15-year-old Aitzaz Shah from the Mansehra district of the NWFP, and his co-accomplice Sher Zaman, reportedly trained at Miramshah, were the first ones to be arrested after the Benazir Bhutto murder from Dera Ismail Khan by a joint investigation team of the Punjab police, headed by Chaudhry Abdul Majeed. Two more suspects, Hasnain Gul and Rafaqat, were later arrested from Rawalpindi. Rasheed Ali was the last one to be nabbed but Aitzaz was the first one to have furnished some vital information to his interrogators pertaining to the Benazir murder.
As the police obtained physical remand of the arrested accused and broadened the scope of investigations, it was learnt that Aitzaz Shah had actually obtained Jihadi training from a well known Deobandi religious school in Karachi — Jamia Binoria, also referred to as Jamia Islamia and known for its pro-Taliban leanings. As per the CID report, after being brainwashed and trained to kill, Aitzaz was sent to South Waziristan from where he had travelled to Darul Uloom Haqqania Madrassa in Akora Khattak. Afterwards, Aitzaz was taken to a Jihadi training centre in Akora Khattak – Wali Mohammad Markaz and tasked with the assassination of Benazir Bhutto.
According to the CID findings, Baitullah had provided Rs 50,000, a suicide jacket and other necessary items to someone else, but he could not attack Benazir Bhutto. After his suicide bombers’ failure to hunt down the PPP chairperson in Karachi, Peshawar and other places, Baitullah Mehsud had assigned Qari Ismail of Akora Khattak and given him Rs 400,000 to execute the Benazir assassination plan. After reaching the Rawalpindi bus stand on December 26, the assailants had stayed at a Quaid-i-Azam colony house. In the evening, they visited the Liaquat Bagh site in a taxi and decided after surveying the area to hit their target from different directions during or after the public meeting.
As per the assassination plan, Saeed alias Bilal was to carry out the suicide attack in case he failed to shoot down Benazir while Ikramullah was to detonate himself if Saeed failed. Both Saeed and Ikramullah were provided logistics by Hasnain Gul, including an explosive-laden suicide jacket, a pistol and an optical device.
The assailants had reached the Committee Chowk in a taxi and later gone to the Liaquat Bagh via Iqbal Road and College Road. An unarmed militant went inside the Liaquat Bagh to give his accomplices updates about the movement of Benazir Bhutto, especially about her arrival and departure from the venue of the rally. As per the CID claims, the assailants had first attempted to enter the Liaquat Bagh to carry out a suicide attack close to the stage, but they had failed in their designs, chiefly due to foolproof security arrangements.
The UN Commission was further informed that several suicide bombers and sharp shooters were waiting for the PPP leader at the crime scene outside the Liaquat Bagh after their failure to enter the venue. Going by the CID account, the assailants had started chasing Benazir Bhutto as soon as she came out of the Liaquat Bagh and it was none other than the fearless PPP chairperson, who actually provided them with a golden opportunity to target her, when she decided to come out of her bullet proof vehicle Toyota Land Cruiser from its sunroof to wave to her cheerful supporters. That was the time gunshots were fired, aiming at Benazir Bhutto. As Saeed alias Bilal failed to hit Benazir Bhutto, he blew himself up, killing the PPP leader and 23 others, mostly on the spot. However, the Dopatta, which Benazir Bhutto was wearing at the time of the blast, could not be traced despite frantic efforts by the investigators.
Narrating the motivation of the crime, the CID findings say the accused had said during interrogations that they were annoyed over the pro-West approach of Benazir Bhutto who had returned to Pakistan at the behest of some foreign powers and, therefore, they feared a strong government action against the militants if she was allowed to come to power after the elections.
However, the fact remains that much before coming to power after the 2008 general elections; the PPP leadership had rejected the confession made by Aitzaz Shah and his other accomplices about their involvement in the Benazir Bhutto murder.
The then PPP spokesman and now presidential spokesman Farhatullah Babar had described Aitzaz’s confession a cock and bull story intended to reduce pressure on the Musharraf regime, saying the arrested youth, who has already been declared a juvenile by the court, had been made to narrate exactly the kind of things the Pakistani authorities wanted to hear, backing up their earlier conclusions reached within hours of the Benazir Bhutto killing.
The trial of the five accused in Benazir Bhutto murder case was deferred on August 22, 2009 by the Rawalpindi anti-terrorism court following a federal government request to transfer the case to the Federal Investigation Agency so as to enable it to arrive at a definitive conclusion. Subsequently, on August 25, 2009, the federal government had formed a high-level team to re-investigate the Benazir murder.
The Special Investigation Group of the FIA was assigned the task to fix criminal liability on the assassins and planners of the gun-and-bomb attack on Benazir Bhutto. It was announced that the SIG’s investigation would be parallel to the probe being carried out by the United Nations Inquiry Commission.
“The main reason for the fresh probe is that the inquiry report to be prepared by the UN Commission can’t be presented before any court of law as desired by the UN. The government requires a separate investigation report for a proper trial against the criminals in the court”, a senior FIA official had said on August 25 in Rawalpindi, adding that the United Nations report would have no legal standing and it could not be used for prosecution.
When this correspondent tried to take version of Jamia Binoria, Karachi, no responsible person was found. However, the person present there termed the Punjab police-CID report malicious and baseless. Expressing similar sentiments, a person in Madrassa Haqqania, Akora Khattak, said this report is part of the campaign to discredit religious schools.

Islamabad Tonight – 27th December 2011
Islamabad Tonight – 27th December 2011
Senator Dr. Safdar Ali Abbasi PPP and Naheed Khan PPP in fresh episode of Islamabad Tonight
Islamabad Tonight – 4th November 2010 :5 Ws of Benazir Bhutto’s Assassination
Islamabad Tonight – 4th November 2010 :5 Ws of Benazir Bhutto’s Assassination
5 Ws of Benazir Bhutto’s Assassination – such as Who, What, Why, Where, How, When
Naheed Khan and Safdar Abbasi in Islamabad Tonight with Nadeem Malik

UN report on Bhutto murder finds Pakistani officials ‘failed profoundly’

18-11-2009benazir.jpg

15 April 2010
Security arrangements by Pakistan’s federal and local authorities to protect assassinated Prime Minister Benazir Bhutto were “fatally insufficient and ineffective” and subsequent investigations into her death were prejudiced and involved a whitewash, an independent United Nations inquiry reported today.The UN Commission of Inquiry, appointed last year by Secretary-General Ban Ki-moon at the request of the Pakistani Government, reached no conclusion as to the organizers and sponsors behind the attack in which a 15-year-old suicide bomber blew up Ms. Bhutto’s vehicle in the city of Rawalpindi on 27 December 2007.

But it found that the Government was quick to blame local Taliban commander Baitullah Mehsud and Al-Qaida although Ms. Bhutto’s foes potentially included elements from the establishment itself.

“A range of Government officials failed profoundly in their efforts first to protect Ms. Bhutto and second to investigate with vigour all those responsible for her murder, not only in the execution of the attack, but also in its conception, planning and financing,” the Commission said.

“Responsibility for Ms. Bhutto’s security on the day of her assassination rested with the federal Government, the Government of Punjab and the Rawalpindi District Police. None of these entities took necessary measures to respond to the extraordinary, fresh and urgent security risks that they knew she faced.”

General Pervez Musharraf was president at the time of the suicide bombing in Rawalpindi. The report said the then federal Government lacked a comprehensive security plan, relying instead on provincial authorities, but then failed to issue to them the necessary instructions.

“Particularly inexcusable was the Government’s failure to direct provincial authorities to provide Ms. Bhutto the same stringent and specific security measures it ordered on 22 October 2007 for two other former prime ministers who belonged to the main political party supporting General Musharraf,” it stated.

“This discriminatory treatment is profoundly troubling given the devastating attempt on her life only three days earlier and the specific threats against her which were being tracked by the ISI (Inter-Services Intelligence agency),” it added, stressing that her assassination could have been prevented if the Rawalpindi District Police had taken adequate security measures.

Turning to the immediate aftermath of the attack, the Commission found that police actions and omissions, including the hosing down of the crime scene and failure to collect and preserve evidence, inflicted irreparable damage to the investigation.

“The collection of 23 pieces of evidence was manifestly inadequate in a case that should have resulted in thousands,” it said. “The one instance in which the authorities reviewed these actions, the Punjab (provincial) committee of inquiry into the hosing down of the crime scene was a whitewash. Hosing down the crime scene so soon after the blast goes beyond mere incompetence; it is up to the relevant authorities to determine whether this amounts to criminal responsibility.”

It also found that City Police Officer Saud Aziz impeded investigators from conducting on-site investigations until two full days after the assassination and that the Government’s assertions that Mr. Mehsud and Al-Qaida were responsible were made well before any proper investigation had started, pre-empting, prejudicing and hindering the subsequent investigation.

“Ms. Bhutto faced serious threats in Pakistan from a number of sources,” the Commission said. “These included Al-Qaida, the Taliban and local jihadi groups, and potentially from elements in the Pakistani establishment. Notwithstanding these threats, the investigation into her assassination focused on pursuing lower-level operatives allegedly linked to Baitullah Mehsud.”

It stressed that investigators dismissed the possibility of involvement by elements of the Pakistani establishment, including the three persons identified by Ms. Bhutto as threats to her in her 16 October 2007 letter to General Musharraf. It also noted that investigations were severely hampered by intelligence agencies and other Government officials, which impeded an unfettered search for the truth.

“The Commission believes that the failures of the police and other officials to react effectively to Ms. Bhutto’s assassination were, in most cases, deliberate,” it declared.

The three-member panel, which was headed by Chilean Ambassador to UN Heraldo Muñoz and included Marzuki Darusman, former attorney-general of Indonesia, and Peter Fitzgerald, a veteran official of the Irish National Police, urged the Government to undertake police reform in view of its “deeply flawed performance and conduct.”

It also recommended the establishment of a fully independent Truth and Reconciliation Commission to investigate political killings, disappearances and terrorism in Pakistan in recent years in view of the backdrop of a history of political violence carried out with impunity.

Ms. Bhutto’s widower, Asif Ali Zardari, is the current Pakistani President.

In a statement issued by his spokesperson, Mr. Ban commended the commissioners and their staff for completing their challenging nine-and-a-half month-long task “expeditiously and in a professional manner.”

In a later news conference today, Mr. Muñoz stressed that the Commission interviewed more than 250 interviews with Pakistanis and others both inside and outside Pakistan, reviewed hundreds of documents, videos, photographs and other documentary material provided by federal and provincial authorities in Pakistan and others.

In the report, the Commission said it was “by the efforts of certain high-ranking Pakistani Government authorities to obstruct access to military and intelligence sources” but during an extension of its mandate until 31 March it was able eventually to meet with some past and present members of the Pakistani military and intelligence services.

Press Release

8 February 2008

BEGINS

SCOTLAND YARD REPORT INTO ASSASSINATION OF BENAZIR BHUTTO RELEASED

The findings of a Scotland Yard inquiry into how Mohtarma Benazir Bhutto died after being attacked during a political rally in Rawalpindi were presented to the Government of Pakistan today.

The conclusions of the inquiry were outlined in a detailed report handed over to interim Interior Minister Hamid Nawaz by Detective Superintendent John MacBrayne, accompanied by a senior official from the British High Commission, during a meeting in Islamabad.

The text of the executive summary of the report is as follows:

On the 27th December 2007, Mohtarma Benazir BHUTTO, the leader of the Pakistan People’s Party (PPP), died as a result of being attacked in Rawalpindi, Pakistan.

Following discussions between the Prime Minister and President Musharraf, it was agreed that officers from the Metropolitan Police Counter Terrorism Command (SO15) should support the investigation into Ms Bhutto’s death. The primary focus of the Scotland Yard team was to assist the Pakistani authorities in establishing the cause and circumstances of Ms Bhutto’s death. The wider investigation to establish culpability has remained entirely a matter for the Pakistani authorities.

The SO15 team was led by a Detective Superintendent Senior Investigating Officer, and comprised two forensic experts, an expert in analysing and assessing video media and an experienced investigating officer. The team arrived in Pakistan on 4th January 2008 and spent two and a half weeks conducting extensive enquiries. During the course of their work, the team were joined by other specialists from the United Kingdom.

The UK team were given extensive support and co-operation by the Pakistani authorities, Ms Bhutto’s family, and senior officials from Ms Bhutto’s party.

The task of establishing exactly what happened was complicated by the lack of an extended and detailed search of the crime scene, the absence of an autopsy, and the absence of recognised body recovery and victim identification processes. Nevertheless, the evidence that is available is sufficient for reliable conclusions to be drawn.

Within the overall objective, a particular focus has been placed on establishing the actual cause of death, and whether there were one or more attackers in the immediate vicinity of Ms Bhutto.

The cause of death

Considerable reliance has been placed upon the X-rays taken at Rawalpindi General Hospital following Ms Bhutto’s death. Given their importance, the x-rays have been independently verified as being of Ms Bhutto by comparison with her dental x-rays. Additionally, a valuable insight was gained from the accounts given by the medical staff involved in her treatment, and from those members of Ms Bhutto’s family who washed her body before burial.

Ms Bhutto’s only apparent injury was a major trauma to the right side of the head. The UK experts all exclude this injury being an entry or exit wound as a result of gunshot. The only X-ray records, taken after her death, were of Ms Bhutto’s head. However, the possibility of a bullet wound to her mid or lower trunk can reasonably be excluded. This is based upon the protection afforded by the armoured vehicle in which she was travelling at the time of the attack, and the accounts of her family and hospital staff who examined her.

The limited X-ray material, the absence of a full post mortem examination and CT scan, have meant that the UK Home Office pathologist, Dr Nathaniel Cary, who has been consulted in this case, is unable categorically to exclude the possibility of there being a gunshot wound to the upper trunk or neck. However when his findings are put alongside the accounts of those who had close contact with Ms Bhutto’s body, the available evidence suggests that there was no gunshot injury. Importantly, Dr Cary excludes the possibility of a bullet to the neck or upper trunk as being a relevant factor in the actual cause of death, when set against the nature and extent of her head injury.

In his report Dr Cary states:

  • “the only tenable cause for the rapidly fatal head injury in this case is that it occurred as the result of impact due to the effects of the bomb-blast.”
  • “in my opinion Mohtarma Benazir Bhutto died as a result of a severe head injury sustained as a consequence of the bomb-blast and due to head impact somewhere in the escape hatch of the vehicle.”

Given the severity of the injury to Ms Bhutto’s head, the prospect that she inadvertently hit her head whilst ducking down into the vehicle can be excluded as a reasonable possibility.

High explosives of the type typically used in this sort of device, detonate at a velocity between 6000 and 9000 metres per second. This means that when considering the explosive quantities and distances involved, such an explosion would generate significantly more force than would be necessary to provoke the consequences as occurred in this case.

It is also important to comment upon the construction of the vehicle. It was fitted with B6 grade armour and designed to withstand gunfire and bomb-blast. It is an unfortunate and misleading aspect of this case that the roof escape hatch has frequently been referred to as a sunroof. It is not. It is designed and intended to be used solely as a means of escape. It has a solid lip with a depth of 9cm.

Ms Bhutto’s injury is entirely consistent with her head impacting upon the lip of the escape hatch. Detailed analysis of the media footage provides supporting evidence. Ms Bhutto’s head did not completely disappear from view until 0.6 seconds before the blast. She can be seen moving forward and to the right as she ducked down into the vehicle. Whilst her exact head position at the time of the detonation can never be ascertained, the overwhelming conclusion must be that she did not succeed in getting her head entirely below the lip of the escape hatch when the explosion occurred.

How many people were involved in the immediate attack?

There has been speculation that two individuals were directly involved in the attack. The suggestion has been that one suspect fired shots, and a second detonated the bomb. All the available evidence points toward the person who fired shots and the person who detonated the explosives being one and the same person.

  • Body parts from only one individual remain unidentified. Expert opinion provides strong evidence that they originate from the suicide bomber.
  • Analysis of the media footage places the gunman at the rear of the vehicle and looking down immediately before the explosion. The footage does not show the presence of any other potential bomber.
  • This footage when considered alongside the findings of the forensic explosive expert, that the bombing suspect was within 1 to 2 metres of the vehicle towards it rear and with no person or other obstruction between him and the vehicle, strongly suggests that the bomber and gunman were at the same position. It is virtually inconceivable that anyone who was where the gunman can clearly be seen on the media footage, could have survived the blast and escaped.

The inevitable conclusion is that there was one attacker in the immediate vicinity of the vehicle in which Ms Bhutto was travelling.

In essence, all the evidence indicates that one suspect has fired the shots before detonating an improvised explosive device. At the time of the attack this person was standing close to the rear of Ms Bhutto’s vehicle. The blast caused a violent collision between her head and the escape hatch area of the vehicle, causing a severe and fatal head injury.

John MacBrayne QPM

Detective Superintendent

Counter Terrorism Command

1st February 2008

Filed under: CURRENT AFFAIRS

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Battling Child Labor in Cocoa and Cotton Fields

Posted on 03 February 2012 by Tea Server

As I mentioned in my recent post, Decreasing Child Labor in 2012, child labor continues to hold some 215 million children in its firm grasp. While the fight to this practice has received increased attention, it is a long and hard battle. One of the largest and most public arenas where the fight against child labor is waged is in agriculture.  According to the International Labor Organization (ILO), two-thirds of children aged 5-17 work in agriculture.  Two massive consumer industries that continuously profit off the backs of child laborers are the cocoa/chocolate, and cotton/garment industries.

Rather than learning and dreaming of a brighter future in classrooms where they belong, thousands of children are working long and laborious hours in harsh and often dangerous conditions with little hope of a prosperous future, let alone a fair and decent wage- if any wage at all.

Child Labor in the Cocoa Industry

The global cocoa industry often traffics children to work as slaves. According to UNICEF, in West Africa 200,000 children are living in conditions of forced labor and slavery on cocoa farms.  One company that has been under heavy pressure to remove child labor from their supply chains is U.S. chocolate leader Hershey; however, the years of pressure by consumers and the media, not to mention the industry itself, have largely passed with little impact.  The Hershey Company has been aware that their products are tainted by slavery and child labor since at least 2001, when along with the other major chocolate companies, Hershey made a commitment to end child and forced labor in their cocoa supply chains.  In September 2001, chocolate and cocoa industry representatives signed the Harkin Engel Protocol, developed by Senator Tom Harkin and Representative Eliot Engel, in an effort to eliminate child labor in the industry. The protocol has a six-point approach to solve the problem, including a time sensitive process to establish credibility and eliminate the use of child slavery. The protocol was signed by the industry’s large cocoa producing companies and set forth an action plan to eliminate the worst forms of child labor and forced labor from cocoa farms worldwide by 2005.

However, Hershey’s has continued to produce their products undaunted by the knowledge that their profits come with a high human cost. They continue to source cocoa from the Ivory Coast, which according to the International Labor Organization (ILO), produces 43% of the worlds cocoa, without ensuring that child labor exploitation does not occur in the production of the cocoa they use.  However, it seems that 2012 is the year Hershey will finally opened their eyes and fall to pressure, mostly thanks to the International Labor Rights Forum and the public campaign “Raise The Bar“, aimed directly at the company’s failure to act.  The ILRF contacted Hershey to let them know of their plans to air an ad about Hershey’s child labor issues on a jumbo-tron at the Lucas Oil Stadium in Indianapolis for the Super Bowl.  Suddenly Hershey’s was ready to speak up and issued a statement that, by the end of 2012, they pledged to use only Rainforest Alliance certified cocoa for its  Bliss chocolate line. Rainforest Alliance Certified farms have three pillars of sustainability: environmental protection, social equity and economic viability.  Hershey’s also stated they they plan to invest $10 million in West Africa, to encourage economic initiatives and to reduce child labor and improve cocoa supply (Huffington Post).  While this is great news, it is not yet time to celebrate, as it is a small step in the long road to freedom for millions of children victimized by child labor.

 

Children in the Cotton Fields

Over the past few years, the media has highlighted the case of Uzbekistan, a major global supplier of cotton to the garment industry.  Estimates say some 1.5 to 2 million schoolchildren between the ages of 10-16 years-old have been forced to pick cotton each year from September-November. However, despite an international outcry, and ban against cotton from Uzbekistan by many Western companies the previous year, little changed for Uzbek children last year, as they continued to be pulled from the classrooms and forced to work in the cotton fields (EurasiaNet). Sadly, Uzbekistan is not the only country utilizing child labor to harvest their precious ’white gold’; India is also a large producer of both raw cotton and processed materials. Yet unlike the children of Uzbekistan they have not found themselves under the heavy scrutiny of investigators or the public media.  “According to one Indian campaigning organization, around a third of workers in the cotton-producing industry are children. The number of child cotton workers across the country as a whole could be as much as half a million.” (SOS Children’s Villages)

This past month, retail giant and one of the top consumers of fair-trade cotton, Victoria’s Secret, under the parent company Limited Brands Inc., was thrust into the spotlight due to reports of child labor practices by a supplier from which they purchase fair-trade fiber harvested in Burkina Faso each year.  “Under regulations separate from those being examined by homeland security, the U.S. Department of Labor had determined the problem of forced child labor in Burkina Faso’s cotton sector was serious enough to ban its fiber from the federal government’s procurement system. It’s one of just 29 products from a total of 21 countries that U.S. agencies are forbidden from buying under those rules.” (Bloomberg)

 

Are we doing enough?

The case against cotton from Burkina Faso highlights that bans in themselves do not solve the problem. The same is true in Uzbekistan, whose suppliers simply found new buyers in Russia and China.  In both the cotton and cocoa industries,  there is an need for increased monitoring of suppliers and prosecution of cases of labor violations. However, countries must cooperate with investigations, making regulation difficult.  It is clear that we need to strengthen both domestic and international legislation and cooperation to allow the prosecution of acts involving child and forced labor.  Until every child is out of the fields, mines, factories, fishing boats, etc. and in a classroom, we are not doing enough.  Yes, it is a long road, but there is an end in sight and we must not stop until we reach it.

To end child slavery the pressure and willingness to rid it from each level of the supply chain must come from every direction.  This means not only governments and large scale corporations, but consumers.  When the price seems too good to be true, it usually is, and when your not paying for it someone else, perhaps a child, is paying the price for you.  Remember that while it is difficult to know each step of the supply chain producing your products, you can still be an active and educated consumer by purchasing items that are certified fair-trade.  Please also see previous posts on Child TraffickingChild Labor and fair trade such as, Fair Trade Trick-or-TreatingBecome a Conscious Consumer this October for Fair Trade Month and Impact Children, and don’t forget to check out the following resource pages: Fair Trade and Slave Free Links and Fair Trade Book List.  You can hear stories from the children who work in cocoa fields from the International Cocoa Initiative here.  For more info on the campaign to end child labor and cotton visit Environmental Justice Foundation here.

Look for my follow-up post on fair-trade chocolate and learn how to ensure that your Valentines treats are child labor and slave free.

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Fuel Prices Pumped Up..

Posted on 02 February 2012 by Tea Server

Fuel Prices Pumped Up..

ISLAMABAD– Cash-starved government in a desperate bid Tuesday added to the miseries of the already overburdened consumers by increasing the prices of POL products up to six per cent while a surcharge up to Rs 14.70 per mmbtu was also imposed on CNG with immediate effect.Though Oil and Gas Regulatory Authority (Ogra), in a bid to benefit the consumers, has recommended the government to maintain the POL prices by reducing the petroleum levy, yet the Finance Ministry, turning down the recommendations of Ogra, has approved further hike in the already sky-high prices of POL products from three to six per cent. Similarly, Ogra had recommended no increase in gas prices but were overruled by the Federal Government.According to Oil and Gas Regulatory Authority’s notification pertaining the prices of petroleum oil and lubricants (POL) for the current month, a further hike of Rs 5.37 per litre in motor gasoline (petrol), high octane blended component (HOBC) Rs 6.29 per litre, high speed diesel (HSD) Rs4.64 per litre, light diesel oil (LDO) Rs 3.43 per litre and kerosene Rs 2.78 per litre has been given this time. Moreover, Finance Ministry has jacked up the ratio of petroleum levy (PL) on HSD by Rs 1.32 per litre. Resultantly, the PL on HSD has reached a high level of Rs6.50 per litre.It is to note here that in accordance with upward trend of oil prices in the international market, the price of HSD was likely to go up by Rs3.11 per litre. After this recent surge, new price of petrol has reached at Rs 94.91 per litre, HOBC Rs 118.20 per litre, HSD Rs 103.46 per litre, kerosene oil Rs 92.02 per litre and the per litre price of LDO has touched Rs 90.21 per litre.Meanwhile, petroleum ministry has issued a notification of imposition of 10 per cent gas infrastructure development surcharge on compressed natural gas (CNG) with effect from today (1st February).Oil and Gas Regulatory Authority has issued a notification pertaining to the revised prices of the CNG after the issuance of notification from ministry of petroleum and natural resources with effect from start of the February. According to the notification of the ministry, a surcharge worth Rs 14.70 per mmbtu has been imposed on the regions of Khyber Pakhtunkhwa, Balochistan and Potohar while Rs 7.90/mmbtu has been decided to impose on Sindh and Punjab regions. In this way, with an increase of 71 paisa, the price of CNG in the region one has touched a record high level of Rs74.29 per kilogram while after this hike of 36 paisa for region two, CNG will be available at Rs 69.60/kg in this region.It is worth mentioning that government had reduced 10 per cent surcharge on 4th January succumbing to the pressure of CNG association’s countrywide strike.

Syndicated from: Explore Pakistan

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California Rules

Posted on 01 February 2012 by Tea Server

How can you not love California if you’re an environmentalist?  I’ve lauded the Golden State a few times here for its forward-thinking, smart, and economically advantageous approach to power, transportation, planning, building and curtailing greenhouse gases.  The federal government has so many times taken California’s lead, most recently in pumping up the Corporate Average Fuel Economy required for cars sold in the U.S.  We were talking in one of my classes the other day too about how California has made energy efficiency a priority and controlled its electricity consumption since the mid-1970s far beyond what has happened in the rest of the country.

California has taken another giant leap for mankind with the adoption of its new Advanced Clean Cars program.  The LA Times reports here that “By 2025, one in seven new autos sold in California, or roughly 1.4 million, must be ultra-clean, moving what is now a driving novelty into the mainstream.”  What is ultra-clean?  Electric vehicles, cars powered by fuel cells, and plug-in hybrid vehicles.  Californians will be once again setting the pace.

Meanwhile, the state has also tried to move forward with a low carbon fuel standard (LCFS).  The Washington Post explains here that “The new standards assign carbon intensity values to roughly 250 types of crude (higher carbon) along with other fuels — including ethanol, electricity and hydrogen, all lower carbon— that power cars and trucks.”  The aim is to reduce the carbon content of the fuel over time.  U.S. law, not incidentally, takes it a step further in barring all purchases by the federal government of any fuel that exceeds the greenhouse gas footprint of conventionally sourced oil.  This is embodied in Section 526 of the Energy Independence and Security Act of 2007.  The Sierra Club is pursuing a case in court now to enforce this rule.  The European Union is taking a similar approach with its Fuel Quality Directive which would, if fully implemented and enforced, bar Canadian tar sands oil from use.

California is being held up because of a court case in which a federal judge has barred the rule from coming into effect.  However, the WaPo article notes that Mary Nichols, head of the California Air Resources Board, has said that amendments that the Board has made recently will satisfy the court’s concerns.  See a video on the program at the LCFS web page and how it is integrated into the overall approach the good people of California are taking to maximize health and prosperity while minimizing the costs, environmental and economic, of business as usual.

 

 

 

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8 million rupees released after 7 months delay for payment of staff salaries!

Posted on 27 January 2012 by Tea Server

PT Report Gilgit, January 26:  After a delay of seven month, the Kashmir and Gilgit – Baltistan Division (KANA) has released 8 million rupees for payment of salaries to staff members of the Mother and Child Health Care project, run by the federal government. According to details up to 129 mid-wives and 60 other staff [...]

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The renaming mania; Peshawar Airport to become “Bacha Khan Airport”

Posted on 27 January 2012 by Tea Server

PESHAWAR: The Federal Government has agreed in principal to rename Peshawar International Airport after the name of Khudai Khidmatgar Khan Abdul Ghaffar alias Baacha Khan in recognition to his services for the Muslims of sub continent and struggle as preacher of non-violence. The jubilant President of Awami National Party Asfandyar Wali Khan announced this at [...]

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SOPA & PIPA explained.

Posted on 20 January 2012 by Tea Server

What is SOPA & PIPA?
At its core, the Stop Online Piracy Act is an anit-piracy bill making its way throughout Congress. Introduced by Republican House Judiciary Committee Chair Lamar Smith on October 26, 2011, the bill calls for intellectual property (IP) owners (movie studios, record labels) to have the ability to shut down any foreign site that violates their intellectual property and copyrights. The Protect IP Act, SOPA’s Senate equivalent, is meant to give the same power to companies that make physical goods that are being counterfeited and sold over the Internet. The bill’s supporters claim that both bills are aimed at foreign companies that are illegally making money using U.S.-made goods.

How will this affect me?

If passed, SOPA and PIPA will give corporations the power to censor the Internet as they see fit. If Sony Pictures discovers that a certain website is allowing users to download The Girl with the Dragon Tattoo, it can demand that the site’s ISP block access to users, that Google remove the site’s links from its search results, and that companies stop running their ads on the site. Or, if Sony realizes that a certain website is allowing users to download music from one of its artists illegally, it can have that site shut down.

But can’t they already do that? Look at what happened to OnSmash.

True. Under the Digital Millennium Copyright Act (DMCA), there are laws on the books to that make it a crime to pirate copyrighted material. We’ve recently seen the U.S. Immigration and Customs Enforcement (ICE) go after a number of websites it believed was pirating copyrighted material or selling counterfeit goods in the name of the DMCA. However, many of the seizures conducted by ICE were of dubious legality and are currently under investigation. With, SOPA and PIPA, there will be no need for legal recourse because it will all be legal. What’s more, the copyright holders will only need to have it on “good faith” that certain websites are violating their rights. All of which could lead to an Internet Black List: A list of websites created by IP owners that are believed to be breaking the law. 

Damn, that’s crazy. People will figure out a way around it, though, right?

It is crazy. And you’re right, we’re sure the legions of hackers will figure out a way to circumvent whatever happens, just as The Pirate Bay has been able to do time and time again. However there’s a provision in SOPA that will allow the government to shut down any site that gives users a way to go around the blocks and censorships. Also, as Gizmodo points out, if you were to send out a tweet or email that links to a torrent site with illegal content , Twitter and your email provider will be legally obligated to delete the tweet. And that will go for any social media outlet. Free speech will grind to a halt.

What can I do?

The bills are scheduled to stand for vote on January 24th. You can contact your congressman or congresswoman and let ‘em know that you oppose the bill. There are a number of websites, like American Censorship and SOPA Strike, that make it easy for you to do so.

The term SOPA may have meant absolutely nothing to you until Wednesday, Jan. 19, when you attempted to use Wikipedia to figure out what exactly the Cuban Missile Crisis was or who won the 1959 World Series.

So what is SOPA? Other than the reason some of your favorite websites were blacked out for a day, SOPA, is the Stop Online Piracy Act, and its partner in crime is the Protect IP (Intellectual Property) Act, or PIPA. The two are bills, except SOPA is in the House and PIPA is in the Senate. PIPA was approved in May by a senate committee and is now pending before the whole senate, CNN reported. Their purpose is simple: stop foreign-based websites from selling pirated movies, music and other products, the Wall Street Journal reported.

With these bills, the federal government would have the authority to shut down US based websites that offer pirated content, although they won’t be able to do that to foreign sites. The bills will attempt to stop piracy simply from preventing US companies from providing funding, advertising, links or other assistance to foreign sites, the WSJ reported.

While the new rules seem simple enough, many argue that this form of censorship is actually harming Americans’ right to free speech. Internet companies feel the bills will not only promote censorship of the world wide web, it will take away their ability to innovate, as well as the web’s natural infrastructure, the Washington Post reported.

Plus, the legislation is so broad in the House bill SOPA it could allow content owners to target US websites that don’t even know they are hosting pirated content, such as Twitter, Facebook and Wikipedia, the WSJ reported.

The bill’s main backer is the Motion Picture Association of America, which estimates 13 percent of adults in the United States have watched some form of illegal copies of movies or television shows on the Internet, which costs media companies billions of dollars.

Motion Picture Association of America, the legislation’s main backer, estimates 13% of American adults have watched illegal copies of movies or TV shows online, and it says the practice has cost media companies billions of dollars.

In response to the bill possibly being passed, Internet hot sports such as Wikipedia, Reddit and Boing Boing blacked out their sites yesterday in protest of SOPA and PIPA. The blackout and public outcry that followed did seem to change the mind of some lawmakers, CNN reported.
“We can find a solution that will protect lawful content. But this bill is flawed & that’s why I’m withdrawing my support. #SOPA #PIPA,” Republican Sen. Roy Blunt tweeted, CNN reported.

One of PIPA’s cosponsors, Republican Sen. Marco Rubio of Florida also yanked his support of the bill after the blackout.

“I have decided to withdraw my support for the Protect IP Act. Furthermore, I encourage Senator Reid to abandon his plan to rush the bill to the floor. Instead, we should take more time to address the concerns raised by all sides, and come up with new legislation that addresses Internet piracy while protecting free and open access to the Internet,” Rubio wrote on a Facebook post, CNN reported.

In total eight US lawmakers withdrew their support from the bill, and 8 million people followed the instructions of their favorite websites by contacting their local politicians, BBC reported.

Syndicated from: iHuman

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Bhutto’s Gallows Revisited

Posted on 15 January 2012 by Tea Server

President Asif Ali Zardari has made a reference to the Supreme Court of Pakistan to revisit the case in which Mr. Zulfiqar Ali Bhutto was sentenced to death on the charge of ordering the murder of an innocent man Nawab Muhammad Ahmed Khan Kasuri. Interestingly enough the parliament has already prejudiced the case by passing a resolution in its initial session declaring the execution of Mr. Bhutto a ‘judicial murder.’

 In this background, the reference really is a request to determine whether or not the national assembly resolution had any merit or whether it was a contempt of court. The reference also establishes the principle that the judgment of the Supreme Court has greater meaning and weight than a resolution of the national assembly. In order to understand the case it is important to know the background.

Here are some clippings from Nation and Express newspapers and Wikipedia:
Nawab Muhammad Ahmed Khan, Kasuri’s father, was killed in 1974. Kasuri himself was the complainant for the murder case registered against Bhutto, who was eventually hanged in 1979. In April this year, 32 years after Bhutto’s death, President Asif Zardari filed a reference under Article 186 of the Constitution to the Supreme Court to reopen the murder trial.
Bhutto was convicted in a murder case and sentenced to death by the Lahore High Court (LHC) in 1979 during the dictatorship of the then army chief General Ziaul Haq. He was executed on April 4, 1979 by then military dictatorship.

A five-member bench of the LHC, headed by Maulvi Mushtaq Ahmad, had held the Bhutto trial for five months and awarded death sentence to him on March 18, 1978. The Bhutto family had filed an appeal in the Supreme Court. A seven-member bench upheld his death sentence in its February 6, 1979, verdict with a bare 4-to-3 majority. His review petition was also dismissed on March 24, 1979. Bhutto was hanged at the Central Jail, Rawalpindi, on April 4, 1979.

Sheikh Anwarul Haq is a former Chief Justice of the Supreme Court of Pakistan [September 23, 1977 - March 25, 1981]. He is often considered ‘ill-famed’ for giving legitimacy to General Muhammad Zia ul-Haq’s martial law and for upholding the decision of the Lahore High Court which sentenced Zulfikar Ali Bhutto to death for the authorization of the murder of a political opponent. Four Supreme Court judges headed by Chief Justice Anwarul Haq upheld the murder conviction of Zulfikar Ali Bhutto. On 25 March 1981, S. Anwarul Haq became the first Justice and only Chief Justice to refuse taking the oath under the military imposed PCO and resigned on conscientious grounds.

Prime Minister Bhutto began facing considerable criticism and increasing unpopularity as his term progressed, the democratic socialists alliance who had previously allied with Bhutto began to diminish as time progresses. Initially targeting leader of the opposition Vali Khan and his opposition National Awami Party (NAP), also a socialist party. Despite the ideological similarity of the two parties, the clash of egos both inside and outside the National Assembly became increasingly fierce, starting with the Federal government’s decision to oust the NAP provincial government in Balochistan Province for alleged secessionist activities and culminating in the banning of the party and arrest of much of its leadership after the death of a close lieutenant of Bhutto’s, Hayat Sherpao, in a bomb blast in the frontier town of Peshawar.

Dissidence also increased within the Pakistan Peoples Party (PPP), and the murder of a leading dissident Ahmed Raza Kasuri‘s father led to public outrage and intra-party hostility as Bhutto was accused of masterminding the crime. Powerful PPP leaders such as Ghulam Mustafa Khar openly condemned Bhutto and called for protests against his regime. The political crisis in the NWFP (now Khyber Pakhtunkhwa) and Balochistan intensified as civil liberties remained suspended, and an estimated 100,000 troops deployed there were accused of abusing human rights and killing large numbers of civilians.

On January 8, 1977 a large number of opposition political parties grouped to form the Pakistan National Alliance (PNA). Bhutto called fresh elections, and PNA participated fully in those elections. They managed to contest the elections jointly even though there were grave splits on opinions and views within the party. The PNA faced defeat but did not accept the results, alleging that the election was rigged. They proceeded to boycott the provincial elections. Despite this, there was a high voter turnout in the national elections; however, as provincial elections were held amidst low voter turnout and an opposition boycott, the PNA declared the newly-elected Bhutto government as illegitimate.

All the opposition leaders called for the overthrow of Bhutto’s regime. Political and civil disorder intensified, which led to more unrest. Bhutto imposed martial law in major cities including Karachi, Lahore and Hyderabad. However, Mr. Bhutto accepted that there were major irregularities in the election in a number of constituencies and a compromise agreement between Bhutto and opposition to hold fresh election in some constituencies was ultimately reported. This compromise theory was however probably a later day addition as a major PPP armed rally was in the offing.

Zia planned a the Coup d’état carefully as he knew Bhutto had integral intelligence in the Pakistan Armed Forces, and many officers, including Chief of Air Staff General Zulfiqar Ali Khan and Major-General Tajammul Hussain Malik, GOC of 23rd Mountain Division, Major-General Naseerullah Babar, DG of Directorate-General for the Military Intelligence (DGMO) and Vice-Admiral Syed Mohammad Ahsan, were loyal to Bhutto.

To remove this intelligence, Zia secretly contracted with the active duty British SAS army officers to maintain a staff course for the Army personnel while Chief of Naval Staff Admiral Mohammad Shariff quietly removed naval personnel loyal to Bhutto and his government from the Navy’s active duty. Zia ordered Bhutto’s loyal officers to attend a staff and command course and none of the officers were allowed to leave the course until the midnight. Meanwhile, Zia with his close officers, including Admiral Mohammad Shariff, then-Chaiman of the Joint Chiefs of Staff Committee, arranged the coup in the evening. On July 5, 1977, before the announcement of any agreement, Bhutto and members of his cabinet were arrested by troops of Military Police under the order of Zia by the evening.

Bhutto’s last personal appearance and utterances in the supreme court were not merely a long defence of his conduct he also made some matters clear. He mentioned the words of “heir” for his son “Mir Murtaza Bhutto”. He made some remark which indicated that he has views similar to a Sunni, though he was Shia albeit a non-practicing one. He also effectively cast doubt on the reliability of star witnesses against him i.e. Masood Mahmood who was a UK-trained lawyer and not merely a police officer and FSF chief. He mentioned repeatedly Lahori Ahmedi connection of Masood Mahmood in his testimony. He repeatedly brought the subject of his maltreatment in the death cell. Bhutto made it abundantly clear, even though indirectly that he wanted either freedom or death, not something in between, and appreciated Khar and his lawyer Yahya Bakhtiar.

While witnessing the dramatic fall of Bhutto, one U.S. diplomat in American Embassy in Islamabad wrote that:

During Bhutto’s five years in Pakistan’s helm, Bhutto had retained an emotional hold on the poor masses who had voted him overwhelmingly in 1970s general elections. At the same time, however, Bhutto had many enemies. The [socialist economics] and nationalization of major private industries during his first two years on office had badly upsets the Business circles… An ill-considered decision to take over the wheat-milling, rice-husking, sugar mills, and cotton-ginning, industries in July of 1976 had angered the small business owners and traders. Both leftists— socialists and communists, intellectuals, students, and trade unionists— felt betrayed by Bhutto’s shift to centre-right wing conservative economics policies and by his growing collaboration with powerful feudal lords, Pakistan’s traditional power brokers. After 1976, Bhutto’s aggressive authoritarian personal style and often high-handed way of dealing with political rivals, dissidents, and opponents had also alienated many….

U.S. Embassy, Pakistan, U.S. commenting of Bhutto’s fate,



                                                                    

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Text of SC order in NRO case

Posted on 13 January 2012 by Tea Server

From the Newspaper:

IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Ejaz Afzal Khan Mr. Justice Ijaz Ahmed Chaudhry Mr. Justice Gulzar Ahmed Mr. Justice Muhammad Ather Saeed Criminal Miscellaneous Application No. 486 of 2010 in Criminal Appeal No. 22 of 2002 AND Adnan A. Khawaja … Appellant versus The State … Respondent Suo Moto Case No. 4 of 2010 and Civil Miscellaneous Application No. 1080 of 2010 AND Civil Miscellaneous Applications No. 1238 and 1239 of 2010 (Suo Moto action regarding appointment of convicted person namely Ahmed Riaz Sheikh (NRO Beneficiary), as Additional Director General, Federal Investigation Agency Civil Miscellaneous Application No. 1253 of 2010 in Suo Moto Case No. 4 of 2010 (Report submitted in Court by AttorneyGeneral regarding Facts Finding Inquiry in the case of Missing Letter No. PS/DG/FIA/ 2009/504749 dated 17.11.2009) Civil Miscellaneous Application No. 1254 of 2010 in Suo Moto Case No. 4 of 2010 AND (Additional Documents comprising of Interim Report filed by Secretary Law dated 04.04.2010, pointes formulated by Secretary for Hon`ble Court, Advice of Former Attorney-General and Authorization letter in favour of Mr. Hassan Wasim Afzal, Joint Secretary of Ehtisab Bureau dated 20.05.1998) Civil Miscellaneous Application No. 1082 of 2010 (Report/Minutes of Hon`ble Chief Justice of Lahore High Court, Lahore) For Federation: Moulvi Anwar-ul-Haq, Attorney General for Pakistan On behalf of National Accountability Bureau: Mr. K.K. Agha, Prosecutor-General National Accountability Bureau Mr. Fasih A. Bokhari, Chairman National Accountability Bureau Mr. Akbar Tarar, Addl. PG. NAB Mr. Fauzi Zafar, Addl. PG. NAB Sheikh Muhammad Shoaib, Assistant Director, NAB Mr. Mohsin Ali Khan, Assistant Director, NAB In attendance: Mr. Ahsan Raja, Ex. Additional Secretary Ministry of Interior along with his counsel Raja Zulgarnain, ASC For Ahmad Riaz Sheikh: Dr. A. Basit, Sr. ASC On behalf of Secretary Law: Nemo Date of hearing: 10.01.2012 ORDER Asif Saeed Khan Khosa, J.: This order may be read in continuation of the order passed by this Court on the last date of hearing, i.e. 03.01.2012.

2. We have heard the learned Attorney-General for Pakistan, the Chairman, National Accountability Bureau and the learned Prosecutor-General Accountability and have been dismayed by the fact no progress worth any mention has been made by all concerned in the matters mentioned in the order dated 03.01.2012. The learned Prosecutor-General Accountability has submitted and read out two reports dated 09.01.2012 wherein it has categorically been concluded that the National Accountability Bureau has decided not to proceed in the matters of Mr.

Adnan Khawaja and Mr. Ahmad Riaz Sheikh despite clear directions issued by this Court in those regards earlier on. The said reports have been found by us to be utterly unsatisfactory and we find that an attempt has been made through the said reports to screen, shield and protect all those in public offices who were involved in appointments/promotion of the said convicted persons. Upon our query the learned ProsecutorGeneral Accountability has confirmed the fact that in the reports mentioned above a clear conclusion about lack of criminal intent of all concerned and involved has been recorded without even holding a formal inquiry or investigation, which we have found to be strange and unusual.

The learned Prosecutor-General Accountability has gone on to submit that even in the matter of proceeding against Malik Muhammad Qayyum, a former Attorney-General for Pakistan, a decisionhas been taken by the National Accountability Bureau not to initiate or take any proceeding despite a clear direction having been issued by this Court in that respect.

The Chairman, National Accountability Bureau has not only owned the above mentioned reports but has adopted a defiant attitude by stating before us that the decision whether to proceed against any person under the National Accountability Ordinance, 1999 or not is a decision which falls within his exclusive jurisdiction and he has decided not to proceed against any person in the matters of Mr. Adnan Khawaja, Mr.

Ahmad Riaz Sheikh and Malik Muhammad Qayyum. He has stated before us in most categorical terms that no inquiry or investigation is warranted in those matters and he has stated so in contemptuous disregard of the fact that this Court has already passed an order for taking proceedings in those matters.

We have particularly noticed the defiant posture and position adopted by the Chairman and have been struck by his willful disobedience to the earlier directions issued by this Court. It appears that instead of obeying the directions of this Court he (chairman, NAB) has decided to take this Court head on, which attitude we find to be contumacious, to say the least.

The Federal Secretary Law, Justice and Human Rights Division was absent from this Court on the last date of hearing on account of being abroad and even today he has failed to appear and we have been informed that he is unwell and is receiving medical treatment but nothing has been produced before us to substantiate the same. It appears that he prefers foreign sojourns upon his commitments before the highest Court of the country. The learned Attorney-General for Pakistan has stated that there is no change in the situation since the last date of hearing and no step in furtherance of this Court`s earlier directions has been taken by anybody during the interregnum. We have also heard Mr. Ahsan Raja who has tried to convince us that he had no malicious intent in the matter of promotion of Mr. Ahmad Riaz Sheikh.

3. The judgment in the case of Dr; Mobashir Hassan v. Federation of Pakistan (PLD 2010 SC 265) had been passed by this Court way back on 16.12.2009 and in that judgment this Court had issued some very clear and specific directions tothe Federal Government and others which were required by the Court to be implemented and executed immediately. Later on a review petition filed against that judgment was dismissed by this Court and orders were again issued to the Federal Government and others to carry out the directions of this Court without any further loss of time. However, various interim orders passed by this Court in the present and other proceedings bear ample testimony to the unfortunate fact that over the last about two years the Federal Government has demonstrated no interest in carrying out some of the directions of this Court. It isquite clear to us by now that the Federal Government and the National Accountability Bureau are not serious in the matter at all and those concerned are only interested in delaying and prolonging the matter on one pretext or the other. On the last date of hearing it had been made clear to all concerned that they were being given the last and final opportunity till today and it appears that they have consciously decided to defy and disobey this Court.

This Court has already shown a lot of grace and magnanimity in the matter and has demonstrated a lot of patience and restraint in this regard over the last about two years but in the present dismal and most unfortunate state of affairs the Court is left with no other option but to, as warned in categorical terms on the last date of hearing, take appropriate actions in order to uphold and maintain the dignity of this Court and to salvage and restore the delicately poised constitutional balance in accord with the norms of constitutional democracy. [ We are conscious that the actions we propose to take are quite unpleasant but maintaining the necessary constitutional poise and balance is a part of our duties, ....] particularly when we have made an oath before Allah Almighty to `preserve, protect and defend the Constitution of the Islamic Republic of Pakistan` and to `in all circumstances do right to all manner of people, according to law, without fear or favour, affection or ill-will`.

4. When the Objectives Resolution of 1949,made a substantive part of the Constitution of the Islamic Republic of Pakistan, 1973 by Article 2A thereof, mandates that `the independence of the Judiciary shall be fully secured` and when Article 37(d) of the Constitution stipulates it as a Principle of Policy that the State shall `ensure inexpensive and expeditious justice` the Constitution does not contemplate an `independent` judiciary whose decisions may be flouted with impunity or implementation of whose judgments may be left to the whims or caprice of an indifferent Executive.

Likewise, when Article 189 of the Constitution gives the decisions of the Supreme Court `binding` effect and when Article 190 of the Constitution commands in no uncertain terms that `All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court` the Constitution does not envision an Executive professing only `respect` towards the decisions of the Supreme Court but at the same time derisively or disdainfully paying little or no heed to implementation or execution of such decisions. [Obedience to the command of a court, and that too of the Apex Court of the country, is not a game of chess or a game of hide and seek.] It is, of course, a serious busi-ness and governance of the State and maintaining the constitutional balance and equilibrium cannot be allowed to be held hostage to political tomfoolery or shenanigans. Article 5 of the Constitution declares in most unambiguous terms that `(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the inviolable obligationof every citizen ` In a recent interview with Mr. Hamid Mir on Geo Television the CoChairperson of the major political party in the ruling coalition at the federal level, who also happens to be the President of Pakistan, has categorically stated that under his CoChairpersonship his political party has taken a political decision not to obey some part of the judgment handed down by this Court in the case of Dr Mobashir Hassan (supra). Even the Prime Minister of Pakistan and the Federal Minister for Law, Justice and Human Rights Division have been harping on the same theme for quitesome time on different occasions through speeches made on the floors of the National Assembly and the Senate and also through print and electronic media. Their conduct in the matter also goes a long way in confirming what they have been proclaiming. [Such an attitude, approach and conduct prima facie shows that the Co-Chairperson of the said political party, the Prime Minister and the Federal Minister for Law, Justice and Human Rights Division have allowed loyalty to a political party and its decisions to outweigh and outrun their loyalty to the State and their `inviolable obligation` to obey the Constitution and all its commands.] We may unhesitatingly observe that in our country governed by a Constitution political loyalty cannot be accepted as stronger than loyalty to the State and dictates of a political master or party cannot be allowed to be put up as a defence to failure to obey the Constitution. The old sage Aristotle had once observed that `When laws do not rule, there is no Constitution`. Justice Louis Brandeis of the United States Supreme Court had observed in the case of Olmstead v. United States (227 U.S. 438, 485) that `In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

As already observed above, we the Judges of the Supreme Court have made an oath before Allah Almighty to `preserve, protect and defend the Constitution of the Islamic Republic of Pakistan` and, thus, it is our bounden duty to take appropriate action whenever we find that the Constitution is not being obeyed or its express commands are, wittingly or otherwise, being disregarded. Let nobody forget that in the not too distant past we stuck to our commitment to the Constitution and constitutionalism and were not shy of giving personal sacrifices for fulfillment of that commitment.

5. This brings us to the actions we may take against willful disobedience to and non-compliance of some parts of the judgment rendered and some of the directions issued by this Court in the case of Dr Mobashir Hassan (supra). This Co urt has inter alia the following options available with it in this regard: Option No. 1: [In such a case of a brazen and blatant failure or refusal of the Federal Government to obey and execute the relevant judgment and directions of this Court the buck stops at the office of the Chief Executive of the Federation, i.e. the Prime Minister.] At the time of entering upon his exalted office the Prime Minister had made an oath that ` I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah`. He had fur-ther sworn before Allah Almighty that `as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law` and that `I will not allow my personal interest to influence my official conduct or my official decisions`While invoking the name of Allah, the most Beneficent, the most Merciful, and also seeking His help and guidance, the Prime Minister had also made an oath that `I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan`. It is evident that in his oath the Prime Minister had made an unambiguous commitment with Allah Almighty not only to conduct himself completely in accord with the commands and requirements of the Constitution, including those of Articles 2A, 37(d), 189 and 190 thereof, but also totally in sync with the requirements and teachings of the Holy Quran. In the matter of making of oaths the Holy Quran has inter alia ordained as follows: `And make not Allah`s name an excuse in your oaths against doing good, or acting rightly, or making peace between persons; For Allah is One who heareth and knoweth all things. Allah will not call you to account for thoughtlessness in your oaths, but for the intention in your heart; And He is oft-forgiving, most forbearing.` (S. II: 224-225) `Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: But keep to your oaths. Thus Allah makes clear to you His signs, that ye may be grateful.` `And take not your oaths, to practise deception between yourselves, with the result that somebody`s foot may slip after it was firmly planted, and ye may have to taste the evil consequences of having hindered men from the path of Allah, and a mighty wrath descend on you.` (S. XVI: 94) `They swear their strongest oaths by Allah that, if only thou wouldst command them, they would leave their homes.

Say: Swear ye not; Obedience is more reasonable;Verily Allah is well acquainted with all ye do.` (S.

XXIV: 53) `God has already ordained for you, (O men), the dissolution of your oaths (in some cases): and God is your protector, and He is full of knowledge and wisdom.` (S. LXVI: 2) `Heed not the type of despicable man, -ready with oaths` (S. LXVIII: 10) According to clause (f) of Article 62(1) of the Constitution `A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous, non-profligate, honest and ameen, there beine no declaration to the contrary by a court of law` (underlining has been supplied for emphasis). By virtue of Article 113 of the Constitution the same qualifications are also required for election to or being chosen as a member of a Provincial Assembly. In the above mentioned backdrop the apparent persistent, obstinate and contumacious resistance, failure or refusal of the Chief Executive of the Federation, i.e. the Prime Minister to completely obey, carry out or execute the directions issued by this Court in the case of Dr. Mobashir Hassan (supra) reflects, at least prima facie, that he may not be an `hon-est` person on account of his not being honest to the oath of his office and seemingly he may not be an `ameen` due to his persistent betrayal of the trust reposed in him as a person responsible for preserving, protecting and defending the Constitution and also on account of allowing his personal political interest to influence his official conduct and decisions. According to the Preamble to the Constitution `sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust` and `the State shall exercise its powers and authority through the chosen representatives of the people`. [A chosen representative of the people deliberately violating such a sacred trust and disregarding his commitment in that regard with Allah Almighty may hardly qualify to be accepted as `ameen`.] In the circumstances of this case mentioned above this Court has an option to record a finding in the above mentioned regards and it may hand down a declaration to that effect in terms of clause (f) of Article 62(1) of the Constitution which finding or declaration may have the effect of a permanent clog on the Prime Minister`s qualification for election to or being chosen as a member of MajliseShoora (Parliament) or a Provincial Assembly.

Somewhat similar oaths had also been made by the Co-Chairperson of the relevant political party before entering upon the office of the President of Pakistan and by the Federal Minister for Law,Justice and Human Rights Division before entering upon the office of a Federal Minister and apparent breaches of their oaths may also entail the same consequences.

Option No. 2: Proceedings may be initiated against the Chief Executive of the Federation, i.e.

the Prime Minister, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of this Court by persistently, obstinately and contumaciously resisting, failing or refusing to implement or execute in full the directions issued by this Court in its judgment delivered in the case of Dr Mobashir Hassan (supra). It may not be lost sight of that, apart from the other consequences, by virtue of the provisions of clauses (g) and (h) of Article 63(1) read with Article 113 of the Constitution a possible conviction on such a charge may entail a disqualification from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly for at least a period of five years.

Option No. 3: In exercise of its powers under Article 187 of the Constitution read with Rules 1 and 2 of Order XXXII of the Supreme Court Rules, 1980 and all other enabling provisions this Court may appoint a Commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr Mobashir Hassan (supra).

Option No. 4: Although in the present proceedings nobody has so far raised the issue pertaining to the protections contemplated by Article 248 of the Constitution yet if anybody likely to be affected by exercise of these options by this Court wishes to be heard on that question then an opportunity may be afforded to him in that respect before exercise of any of these options.

Option No. 5: It is a statutory duty of the Chairman, National Accountability Bureau under the National Accountability Ordinance, 1999 to proceed against any person prima facie involved in misuse of authority while holding a public office. On the last date of hearing, i.e. 03.01.2012 this Court had directed the Chairman to attend to the matters of appointment of Mr. Adnan Khawaja as Managing Director of the Oil and Gas Development Company Limited (OGDCL) against merit and appointment/promotion of Mr.

Ahmed Riaz Sheikh as Additional Director, Federal Investigation Agency (FIA) at a time when both of them were convicted persons and to proceed against all those who were responsible for such appointments/promotion. The Chairman has also failed so far to initiate any action against Malik Muhammad Qayyum, former AttorneyGeneral for Pakistan, in view of the direction issued in that regard in the judgment passed in the case of Dr Mobashir Hassan (supra), as modified in review to his extent. Today the Chairman has appeared before this Court in person and he has not only failed to advance any satisfactory explanation for his inaction in the above mentioned regards but has also manifested defiance towards this Court by categorically refusing to carry out the earlier directions issued by this Court qua proceeding in the matter of the above mentioned persons. Such inaction on his part in derogation of his statutory duty prima facie amounts to misconduct attracting the last part of section 6(b)(i) of the National Accountability Ordinance, 1999 dealing with removal of the Chairman from his office. Apart from that we have gathered an impression that he has attempted to screen, shield and protect the relevant persons from criminal charges which may attract consequences in some criminal and other laws. In these circumstances appropriate recommendations or directions may be made or issued by this Court in such regards.Option No. 6: The constitutional balance vis-àvis trichotomy and separation of powers between the Legislature, the Judiciary and the Executive is very delicately poised and if in a given situation the Executive is bent upon defying a final judicial verdict and is ready to go to any limit in such defiance then instead of insisting upon the Executive to implement the judicial verdict and thereby running the risk of bringing down the constitutional structure itself this Court may exercise judicial restraint and leave the matter to the better judgment of the people of the country or their representatives in the Parliament to appropriately deal with the delinquent. After all the ultimate ownership of the Constitution and of its organs, institutions, mechanisms and processes rests with the people of the country and there may be situations where the people themselves may be better suited to force a recalcitrant to obey the Constitution. It may be advantageous to reproduce here the relevant words of the Preamble to the Constitution of the Islamic Republic of Pakistan, 1973: `we, the people of Pakistan Do hereby, through our representatives in theNational Assembly, adopt, enact and give to ourselves, this Constitution` 6. The learned Attorney-General for Pakistan is hereby put on notice to address arguments before this Court on the next date of hearing, after obtaining instructions from those concerned, as to why any of the above mentioned options may not be exercised by us in these matters. It goes without saying that any person likely to be affected by exercise of the above mentioned options may appear before this Court on the next date of hearing and address this Court in the relevant regard so that he may not be able to complain in future that he had been condemned by this Court unheard. The learned Attorney-General for Pakistan is directed to inform all such persons mentioned above about the passage of this order and also about the next date of hearing.

7. On account of constitutional importance of these matters the Honourable Chief Justice is requested to consider the desirability of hearing of these matters on the next date of hearing by a Larger Bench of this Court.

8. Adjourned to 16.01.2012 on which date the learned Attorney-General for Pakistan, the Federal Secretary Law, Justice and Human Rights Division, the Chairman National Accountability Bureau and the learned Prosecutor-General Accountability shall appear before this Court in person.

Islamabad 10.01.2012

Syndicated from: Pak Tea House

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Constitutional Amendments!

Posted on 05 January 2012 by Tea Server

The coat of arms of Pakistan displays the nati...

Constitution of Pakistan has been amended seventeen times since its promulgation in 1973; however the ninth and eleventh amendment bills were not passed. The importance of legislation is incontestable; it is the prerogative of parliament to set the rules of business but does it make any difference for a commoner either President has more power or Prime Minister. What matters for him is good governance, availability of basic needs with in affordable price. 

Below are all amendments in a summarized form 1974 onwards…

First Amendment May 04, 1974

  • Article 1 – Amendment revised units, provinces and territories of the federation
  • Article 17 – Amendment allowed citizens other than those in service of Pakistan to form political party and every political party to account for the source of its funds by law.

This amendment had become necessary as East Pakistan had emerged as a new independent state “Bangladesh” and Pakistan had officially recognized it.

Second Amendment September 17, 1974

  • Article 106 – Quadiani group or the Lahori group (who call themselves ‘Ahmadis’)” was declared minorities.
  • Article 260 – the definition of a Muslim was made part of constitution which is, ” A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after MUHAMMAD (Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law.”

Third Amendment February 13, 1975

  • Article 10, 232 – the amendment addressed the issues of preventative custody by curtailing the rights of detainee and by conferring more powers for detaining authority.

Fourth Amendment November 21, 1975

  • Articles 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, First schedule and Fourth Schedule. The amendment added 6 reserved seats in National Assembly, curtailed the powers of High Courts for cases related to preventative detainment, Land reforms, economic reforms and several regulations promulgated by President prior to Constitution were made part of constitution.

Fifth Amendment September 16, 1976

  • Articles 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206, 212, 260, 280 and First Schedule. The amendment established the rules for appointment of Governors, Chief Justices and the discretionary powers of the High Courts and Supreme Courts, abolished joint High Court of Sind and Baluchistan, constituted separate high court for each province.

Sixth Amendment December 13, 1976

  • Articles 179, 195, 246, 260 – The Amendment extended the appointment of the Chief Justices of Supreme Courts and High Courts beyond their retirement age limit for when they have not completed the term of office.

Seventh Amendment May 16, 1977

  • Articles 101, 245 – New Article 96 A inserted which was supposed to stay in force till September 30, 1977 Amendment suggested to hold a referendum to seek vote of confidence for the Prime Minister by General Public.

Eighth Amendment November 9, 1985

  • Articles 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130, 144, 152 A, 270 A and addition of new Schedule, the Sixth Schedule, The constitution restored to the position of July 5, 1977 with amendment which conferred the powers upon the President to nominate Prime Minister, appointing the services chiefs, other key state positions and dissolve the National Assembly and Governors could dissolve provincial assemblies.

Ninth Amendment Bill 1985 (It was not passed and still remains a bill)

  • In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively offer that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.

Tenth Amendment March 25, 1987

  • Articles 54 and 61 Amendment curtailed the working days of National Assembly and the Senate from 160 to 130 per year.

Eleventh Amendment Bill 1989 (It was withdrawn by the movers.)

  • Article 51 the amendment bill was moved in Senate suggesting the restoration of 20 Women Seats in the National Assembly. It was withdrawn by the movers after government assurance.

Twelfth Amendment July 28, 1991

  • New Article inserted: 212 B Provisions amended: Fifth Schedule. Amendment allowed constitution of special courts for heinous crimes as well as increase the salaries of Judges.

Thirteenth Amendment April 3, 1997

  • Article 58, 101, 112, 243 – Amendment was to withdraw Eighth Amendment powers of the President and Governors to dissolve National and Provincial assemblies, the Prime Minister was conferred the powers to appoint Services Chiefs and other key position.

Fourteenth Amendment July 3, 1997

  • New Article inserted 63A Amendment to provide disqualification of a member of Parliamentary party on the ground of defection, floor crossing, abstaining or refraining from vote or voting against the party policy.

Fifteenth Amendment August 28, 1998

  • Insertion of Article 2B in view of the fact that the Objectives Resolution is now substantive part of the Constitution, it is necessary that Quran and Sunnah are declared to be the supreme law of Pakistan, and the Government is empowered to take necessary steps to enforce Shariah.

Sixteenth Amendment August 5, 1999

  • Insertion of Article 27 which safeguards against discrimination in services, Quota system was extended till 2013.

Seventeenth Amendment August 21, 2002

  • New Article Inserted 41, 58, 112, 152A, 179, 195, 243, 268 and 270AA Amendments were made to the constitution for the approval of Gen. Musharraf to stay President in uniform, his coup on October 12, 1999 and inclusion of the Legal Framework Order (LFO) into the constitution which empowered President again.

Eighteenth Amendment April 19, 2010

  • Articles amended or substituted 1, 6, 17, 25, 27, 29, 38, 41, 46, 48, 51, 58, 59, 61, 62, 63, 63A, 71, 73, 75, 89, 90, 91, 92, 99, 100, 101, 102, 104, 105, 106, 112, 116, 122, 127, 128, 129, 130, 131, 132, 139, 140, 142, 143, 144, 147, 149, 154, 155, 156, 157, 160, 161, 167, 168, 170, 171, 172, 175, 177, 193, 194, 198, 199, 200, 203, 203D, 209, 213, 215, 216, 218, 219, 221, 224, 226,228, 232, 233, 234, 242, 243, 260, 268, 270A, 270AA, 270B
  • Articles inserted 10A, 19A, 25A, 140A, 175A, 267A, 267B, 270BB
  • Articles omitted 71 and Omission of sixth and seventh schedule
  • Summary: Parliament declared the 17th Amendment to the Constitution and the Legal Framework Order (LFO) given by a dictator as without any legal authority. NWFP renamed as ‘Khyber Pakhtoonkhwa’. Good Governance by restricting the size of the Cabinet in to 11 per cent of the members of Parliament and respective Provinces. Four seats, one from each province, to be allocated in the Senate for the minorities to increase their strength. Education to each child up to the age of 16 years made compulsory. Formation of the council of common interests revised with prime minister as its chairman. The council should meet at least once in 90 days besides abolition of the Concurrent List. Prime Minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before the Majlis-e-Shoora (parliament). President could use the power of dissolution of the National Assembly when a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly, in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly for the purpose. For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process. Under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an act of Majlis-e-Shoora (parliament). Restriction imposed on the attorney general for doing private practice. Inexpensive and expeditious justice should be ensured to the people as also the right of access to information without any hurdle. The prime minister shall, in consultation with the leader of the opposition in the National Assembly, forward three names for appointment of the Chief Election Commissioner to a parliamentary committee for hearing and confirmation of any one person. The parliamentary committee, to be constituted by the speaker, shall comprise 50 per cent from the opposition parties, based on their strength in Parliament to be nominated by the respective parliamentary leaders. In case there is no consensus between the prime minister and the leader of the opposition, each shall forward separate lists to the parliamentary committee for consideration, which may confirm one name. The total strength of the parliamentary committee shall not exceed 12 members out of which one-third shall be from the Senate. Provided that when the National Assembly is dissolved and a vacancy occurs in the office of the chief election commissioner, the parliamentary committee shall comprise the members of the Senate only. There shall be no restriction on the number of terms for the offices of the prime minister and chief ministers. Prime minister would advise the president on appointment of the chairman of the chiefs of staff committee and chiefs of three armed forces. The Senate shall consist of 104 instead of 100 members with the addition of one minority member from each province. Working days of the Senate have been increased from 90 to 110. Restriction on a person who has been dismissed from the service of Pakistan, service of a corporation or office set up or controlled by the federal government or the provincial government on ground of misconduct has been lifted. According to this amendment, a person could be elected as MP, three or five years after dismissal from the service. A person shall be disqualified from being elected or chosen as, and from being, a member of parliament if he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the federal government, the provincial government or a local government on ground of misconduct, unless a period of five years since his removal or dismissal; or unless a period of three years has elapsed since his removal or compulsory retirement. The restriction on a person being elected as member of parliament, who has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a period of five years has elapsed since his release. Chairman of the Federal Public Service Commission would be appointed by the president on the advice of the prime minister. Similarly, chairmen of the provincial public service commissions would be appointed by the governors on the advice of chief ministers. Proclamation of emergency in the province due to internal disturbances would require a resolution from the provincial assembly. If the president acts on his own, the proclamation of emergency shall be placed before both houses of parliament for approval by each house within 10 days. On dissolution of the assembly or completion of its term, or in case it is dissolved under Article 58 or Article 112, a caretaker shall be selected by the president in consultation with the prime minister and the leader of the opposition in the outgoing National Assembly. Similarly, a caretaker chief minister will be appointed in consultation with the chief minister and the leader of the opposition in the outgoing provincial assembly. Proclamation of emergency of the fourteenth day of October, 1999, the Provisional Constitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the amendments made in the Constitution through LFO, 2002, (Chief Executive Order No 24), the LFO (Amendment) Order, 2002, Chief Executive’s Order No 29 of 2002) and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No 32 of 2002), notwithstanding any judgment of any court, including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect. Judges of the Supreme Court, High Courts and Federal Shariat Court who were continuing to hold the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the office as judge or appointed as such as the case may be, under the Constitution and such continuance or appointment, shall have effect accordingly. Appointment of judges to the Supreme Court, there shall be a judicial commission. For appointment of judges of the Supreme Court, the commission, headed by the chief justice of Pakistan, shall also consist of two most senior judges of the apex court, a former chief justice or a former judge of the Supreme Court to be appointed by the chief justice in consultation with two member judges for a period of two years, federal minister for law and justice, Attorney General for Pakistan, and a senior advocate of the Supreme Court of Pakistan to be nominated by the Pakistan Bar Council for a period of two years. The judicial commission for the appointment of High Court judge, headed by the chief justice of the High Court, would also include two most senior judges of the High Court, provincial law minister, a senior advocate to be nominated by the provincial bar council. For appointment of judges of the Federal Shariat Court, the judicial commission shall also include the chief justice of the Shariat Court and the most senior judge of that court as its members. Article 58-2(b) should be repealed and substituted with “Dissolution of the National Assembly”. The substitution clause says that the president shall dissolve the National Assembly if so advised by the prime minister, and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised. Notwithstanding anything contained in Clause 2 of Article 48, the president may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provision of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose. Passing of the bills: Recommended substitution in Article 70 with “introduction of passing of bills”, adding that a bill with respect to any matter in the Federal Legislative List may originate in either house and shall, if it is passed by the house in which it originated, be transmitted to the other house and if the bill is passed without amendment by the other house also, it shall be presented to the president for assent. Bills presented in the house but not passed within 90 days of lying in the House shall be considered in a joint sitting of parliament. Islamabad High Court established and the judges of the Islamabad High Court should be taken from the federal capital and four provinces.

Nineteenth Amendment January 1, 2011

  • Articles 81, 175, 175A, 182, 213, 246 – Amendment introduced a new system for appointments in the superior courts; the amendment also raised the number of senior judges as members of the Judicial Commission to four. Under the amendment, recommendations for the appointments of ad hoc judges in the superior courts will be made by the Chief Justice of Pakistan in consultation with the Judicial Commission. Moreover, in case of the National Assembly’s dissolution, members of the parliamentary committee will be from the Senate only.

Syndicated from: Wise… or Otherwise?

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Some facts about Husain Haqqani and ‘memogate’

Posted on 04 January 2012 by Tea Server

Husain Haqqani: Pawn in a larger game?

There are numerous issues besides ‘Memogate’ that directly affect the people, like the shortage of gas, electricity, clean drinking water, housing, healthcare, employment and so on. But the issue gains significance because so far, no democratically elected civilian government in Pakistan has ever been allowed to complete its tenure and hand over power to the next one through democratic elections (as I outlined in this paper). There were hopes that this government would be the first to do so – a critical step towards the continuation of a democratic political that is necessary to move the country away from the military-dominated politics of the past – something, as it is now all too apparent, is not a thing of the past after all. In this context, it’s important to understand the current situation and its dangers. Myra MacDonald sums it up in an analysis for Reuters. Some insights were posted to this blog earlier (here and here). Additional facts are laid out in a document received today (reproduced below) that outlines some facts about Husain Haqqani and ‘memogate’. Also read this important article, ‘Treason? Under what Constitution? in the New Pakistan blog, which dissects the ‘memo’ contents and notes that each item in the document falls under the constitutional purview of the federal government…

Issue at hand: Former Ambassador of Pakistan to the US, Husain Haqqani, is currently a virtual prisoner as his life is under danger both from the extremists and from the security agencies. He is residing for his own safety at the Prime Minister’s residence. The Supreme Court of Pakistan imposed a travel ban on him on December 1, 2011 restricting him from leave the country. His wife, Member of Pakistan’s Parliament, Farahnaz Ispahani’s life is also in danger, which is why she is currently in the US where she had come for medical checkups.

This situation arose after the false allegations by an American businessman of Pakistani origin, Mansur Ijaz, who claimed that the Ambassador and President Zardari had sought American help to prevent a military coup in Pakistan. Ambassador Haqqani has flatly denied these allegations. Further, Ambassador Haqqani knew Admiral Mullen very well and could have contacted him directly anytime; it defies understanding why he would need Ijaz to convey a message to Admiral Mullen.

A history of false claims: Mansur Ijaz is well-known over the years for self-promotion and false claims. During the mid-1990s he claimed that he had close ties to the Sudanese government and would be able to help the Clinton administration get Osama Bin Laden. However, both Clinton NSA Sandy Berger and the 9/11 Commission that interviewed Ijaz found no credible evidence in what he said. In 1999 Ijaz claimed to be the American envoy to India and Pakistan to help resolve the Kashmir dispute but in the end neither side found him credible or someone who could deliver. In 2004 Ijaz claimed that chemical warheads were being smuggled into Iraq for an attack on American troops which he later denied.

The ‘memo’: Former US national security advisor General Jim Jones conveyed Ijaz’s memo to then Chairman US Joint Chiefs of Staff, Admiral Mullen. Gen Jones in an affidavit has sworn that he believes Ambassador Haqqani had nothing to do with the memo. According to General Jones the language of the memo was akin to what Ijaz wrote.

Ijaz claims that soon after he wrote an OpEd about the ‘memo issue’ on October 10, 2011, Pakistan’s ISI chief, Lt Gen Ahmed Shuja Pasha flew to London, met him and examined the evidence and found it credible. However, Admiral Mullen has stated that when he received the memo from Gen Jones, he did not find it credible and took no action on it.

Threats: Asma Jahangir, leading human rights advocate and counsel to Ambassador Haqqani, has stated that Ambassador Haqqani is under threat from his own intelligence-security agencies. In this context Admiral Mullen in one of his final testimonies stated that Pakistan’s intelligence service, ISI, and the Pakistani military have often lied to the Americans, and provide support to the extremist groups, including those who kill Americans.

Action required: Ambassador Haqqani needs to have his passport returned to him and have his name taken off the Exit Control List (ECL) so he can travel. The due process of law must be applied.

Background: The government’s opponents – in the media, political parties, military-intelligence establishment – have used this opportunity to attack the government and try to make Ambassador Haqqani a scapegoat. Some worrying facts:

  • Opposition leader Nawaz Sharif (who in 1999 had Ambassador Haqqani imprisoned and tortured for writing OpEds against his regime)  is the leading petitioner before the Supreme Court.
  • • The Supreme Court took up Mr Sharif’s petition instead of sending it to a trial court first.
  • The Supreme Court ignored due process of law and immediately placed a travel ban on Ambassador Haqqani without letting him or his counsel appear before court.
  • The head of the ISI himself conducted a forensic investigation and the army chief and head of ISI have stated in their affidavits that they believe the ‘memo’ was genuine – which points to an attempt to frame the Ambassador by institutions that have never agreed with his views.
  • A political-media trial and witch-hunt has been ongoing since Ijaz’s OpEd first appeared in the Financial Times.

Detailed Background and Information

Background of Memo: The origins of the memo are in dispute. On October 10, 2011 an American businessman of Pakistani descent, Mansur Ijaz, wrote an OpEd in Financial Times alleging that in the aftermath of the Osama Bin Laden raid of May 2, 2011, he was approached by a senior Pakistani diplomat to pass on a memo to enlist the US military’s help to head off a feared military coup, in exchange for overhauling the country’s powerful top security leadership. He said he gave the memo to former NSA Gen (retd) Jim Jones who passed it on to then Chairman, Joint Chiefs of Staff, Admiral Mike Mullen.

In the ensuing weeks Ijaz claimed that Amb Husain Haqqani was that senior diplomat and that he and Amb Haqqani corresponded by Blackberry messenger messages, phone conversations and emails.

Amb Haqqani flatly denied these allegations. Admiral Mullen stated that he had received a memo but he did not find it ‘credible.’ According to Mullen’s spokesman “I have said this before and am saying again today. Nothing about that letter had the imprimatur on the Pakistani Government. It was not signed. And the contents of it Admiral Mullen did not find credible. So he took no action on it.” (November 22, 2011)

Amb Haqqani returned to Pakistan on November 19 and tendered his resignation in order to ensure a free and fair inquiry into the issue. The civilian government, while supporting Amb Haqqani’s account accepted his resignation. His passport was confiscated upon his return to Pakistan.

Supreme Court action: December 23, former Prime Minister and leader of the main opposition party, PML-N, Nawaz Sharif filed a petition in the Supreme Court of Pakistan (SCP) claiming that under article 184(3) of the Constitution, the SCP could take up any issue of public importance which relates to fundamental rights. SCP accepted the petition along with other petitions.

On December 1, 2011 the Pakistan Supreme Court placed former ambassador Husain Haqqani on the Exit Control List (ECL) barring him from being able to leave the country, without giving the former ambassador or his lawyer to appear before the court. So due process of law was not followed and Mr Haqqani’s fundamental rights were violated.

Gen Jones in his affidavit to the Pakistan Supreme Court stated that while he did pass on the memo he does not believe Amb Haqqani had anything to do with the memo.

On December 30, Pakistan’s Supreme Court set up a 3-member judicial commission to investigate the issue. According to the SCP judgment a petition seeking an investigation into the affair had “succeeded in establishing that the issues involved are justiciable.” The court also upheld the travel ban on Amb Haqqani. Further, the court has ordered the attorney general of Pakistan, Foreign Ministry and the Pakistani High Commissioner in Canada to approach the parent company of Blackberry, Research In Motion (RIM).

The government maintains that since Pakistan is a parliamentary democracy the correct forum for any such inquiry should be the parliament. The Parliamentary Committee on National Security was already looking into the case and that should be the proper venue not the Supreme Court.

Counter arguments by Amb Haqqani’s lawyer, Asma Jahangir: According to Ambassador Haqqani’s lawyer, leading human rights advocate, Asma Jahangir, the verdict was the “darkest day for the judiciary because the apex court has subjected fundamental rights to national security.”

Terming the court’s judgment ‘disappointing’, she said, “today we feel that the military authority is superior to the civilian authority. Today, the struggle for the transition to democracy has been blocked.” And, “I am forced to think if it is the judiciary of the people or the judiciary of the establishment.” Ms Jahangir also expressed her deep regrets and said she was totally unprepared for this reward of sacrifices rendered by lawyers’ fraternity, as the Court ‘dimmed even a fraction of ray of hope’, while providing the petitioner with relief beyond what they had sought.

Ms Jahangir said the decision was against the rule of law and had compromised a citizen’s right to justice. The verdict reflected undue supremacy of national security and integrity over human rights. “When order came on 1st December, Husain Haqqani was not heard. He did not even have a lawyer,” she said. “Saying that there is a memo and linking it with Husain Haqqani are two different things, it’s more of a media trial that got hyped after Supreme Court’s order”.

DG ISI Shuja Pasha and Gen. Kayani: quick to accept Mansoor Ijaz's claims

Amb Haqqani’s lawyer and others have pointed to the role of Pakistan’s security services, especially its intelligence agency. Both the head of Pakistan’s intelligence service, ISI, Lt. Gen. Ahmad Shuja Pasha and Pakistan’s army chief, Gen. Ashfaq Parvez Kayani, submitted petitions before the Supreme Court insisting they believed the memo was genuine and needs to be investigated. Significantly, according to Mansur Ijaz, Lt Gen Pasha travelled to London in October and ascertained that the memo was genuine. Why was Lt Gen Pasha so eager to travel to London and agree with what Ijaz said? Whose permission did he obtain before doing so? Is he the person who should perform a forensic investigation? Mr Ijaz also alleged in an interview in December that soon after the Bin Laden raid Lt Gen Pasha travelled to the Gulf to muster support for a military coup.

Imminent danger to Mr Husain Haqqani: A media trial has been ongoing since Mansoor Ijaz’s OpEd published in FT in October. The involvement of opposition parties and their leaders in this political-media witchhunt.

The judiciary seems to be ruling on the basis of national security ideology instead of constitution and law.

All those individuals who are speaking out in Pakistan for democracy and human rights are being silenced one by one. Former Prime Minister Benazir Bhutto, former Governor Salman Taseer, former Minister Shahbaz Bhatti were assassinated. Former Amb Haqqani and his lawyer have received serious death threats.

On January 1, 2012, Ms Jahangir announced that she was quitting the case as she did not have faith in the commission been set up by the Supreme Court. According to Ms Jahangir, the Supreme Court’s decision on the petition was a victory for the country’s establishment, and it was being used to transform the country into a ‘security state.’

Ms Jahangir further stated that her client, Mr Haqqani, was under threat from the security agencies. She feared that the security forces-intelligence agencies would try to coerce a statement out of Mr Haqqani. That is why he first stayed at the President’s House and is currently residing at the Prime Minister’s residence.

(ends)

Syndicated from: Journeys to democracy

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Pakistani Media: Misinformation and manipulation

Posted on 30 December 2011 by Tea Server

The purpose of the media is an easy one to understand. The dissemination of factual information on issue relevant to the citizenry. This entails (or should entail) a research and effort to uncover the truth, as well as a responsibility to uphold principles of free speech, adequate voice (as absolute voice and impartiality is impossible) and a separation to some extent from the control of politics. Thus the media has always been imagined as a ‘watchdog’ in its role in politics. This is what it was traditionally meant to be, thus its freedom was protected (like during the American Revolution when printing presses came in vogue) and thus its is critiqued today based on how free it is and how free it lets itself be (like Chomskys critique of the role of the media during the War on Terror). But who watches the watchdog?

Recently Deputy Chairman Planning Commission Nadeem Ul Haque was asked by a reporter on him speaking at the National Defence University (NDU) on December 26 against the nuclear program. In fact the reporter had his story wrong. It seems his “facts” were based on what he thought usually goes on at the NDU and he was oblivious to what the expertise of Nadeem Ul Haque was. Haque was actually scheduled to speak on the Planning Commission’s New Growth Framework, but the event had been cancelled due to lack of interest.

Thus Haque raised an important question in this article he wrote after the interaction with that reporter: “Why should such reform not get media space? Whose fault is this?”

He went on to say: “I know they want a headline against the current establishment. Consequently, all governments regardless of creed and origin have avoided serious governance/civil service reform. All have failed to change the paradigm on market competition. No government has attempted to use public service delivery to underpin our governance approach. No government has reviewed our current approach to urban development that produces a sprawl… Our intellectuals’ efforts, evident in the media, display little interest in these crucial issues. Countries seeking development spend a far larger proportion of their public debate on crucial development issues than we do.”

If the media does not pick up on issues that actually require policy reform, it will never signal the politicians and policy makers to reform nor will it create space for a debate on the issues that really matter.

As this Pak Media Watch article puts it: “If reporters are hunting for headlines against the government with utter disregard to whether their stories are factual or in any way useful to the country, they are failing in an important responsibility as journalists.”

This brings us to the second issue. Where have all the honest journalists gone? A narrow focus on specific types of stories is one thing but blatant lies and corruption is another. This story is just one example of the decay of the media profession itself. Najir Nazi in 2009 caught himself in a plot scandal (had it been today it would be sensationalized ridiculously as “plotgate”). A reporter called him and asked about illegal allotment of plots by the federal government and got a dose of expletives, and the established journalist unabashedly told the reporter to even record his words that would put PTA to shame.

Our watchdogs are certainly not above the dirty game the rest of the country is playing, heavily ties into local politics. Why would the media then talk about things like a New Growth Framework or public service delivery, when kicking the opposition in the shin and then using it as a headline is what can bring them closer to a G-8 plot allotment? (Read about it here)

Media to an extent is always funded and influenced by politics. However, in well function democracies, the media thought not unbiased, takes a position and provides information on policy, business, economy and development rather than only infotainment and vapid critiques of individual politicians that has no bearing on the conditions of the masses. A cursory look at Pakistani media takes us so far way from the ideals that this essay started off with that one feels dirty. If only the media felt it too.

Syndicated from: Pak Tea House

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