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A disturbing news on forced conversion—>Sind girl forced to convert and marry the kidnapper

Posted on 28 February 2012 by Tea Server

This seems really pathetic. there is no room for these type of actions neither in constitution nor in Islam. forceful conversion is not allowed and directly against Quran. I think human rights organizations especially some of rich or political class hindu community member can raise the issue in high court or supreme court or  even in Sharia Court as it is a direct violation of Islamic law as well. Only conversion allowed is voluntary conversion by heart. Also I believe Islamic organizations can help in this as it is a direct insult and misuse of Islam.

The incident is of Sind. I believe there are four major crimes on which Pakistan Civil Society and Courts should look at :
1) Abduction of a minor girl
2) Forced Conversion
3) Marriage and perhaps Forced Sex (Rape)
4) Misuse of Islam and damaging Islam’s image
I hope some action will be  taken by Civil Society, Religious  and Political Parties, Media and Courts.
—————————————————————————————–
PAKISTAN: Abducted and forced into a Muslim marriage(IRIN ASIA)
KARACHI, 27 February 2012 (IRIN) – Sixteen-year-old Ameena Ahmed*, now living in the town of Rahim Yar Khan in Pakistan’s Punjab Province, does not always respond when her mother-in-law calls out to her.
“Even after a year of `marriage’ I am not used to my new name. I was called Radha before,” she told IRIN on a rare occasion when she was allowed to go to the corner shop on her own to buy vegetables.
Ameena, or Radha as she still calls herself, was abducted from Karachi about 13 months ago by a group of young men who offered her ice-cream and a ride in their car. Before she knew what was happening, she was dragged into a larger van, and driven to an area she did not know.
She was then pressured into signing forms which she later found meant she was married to Ahmed Salim, 25; she was converted to a Muslim after being asked to recite some verses in front of a cleric. She was obliged to wear a veil. Seven months ago, Ameena, who has not seen her parents or three siblings since then and “misses them a lot”, moved with her new family to southern Punjab.
“The abduction and kidnapping of Hindu girls is becoming more and more common,” Amarnath Motumal, a lawyer and leader of Karachi’s Hindu community, told IRIN. “This trend has been growing over the past four or five years, and it is getting worse day by day.”
He said there were at least 15-20 forced abductions and conversions of young girls from Karachi each month, mainly from the multi-ethnic Lyari area. The fact that more and more people were moving to Karachi from the interior of Sindh Province added to the dangers, as there were now more Hindus in Karachi, he said.
“They come to search for better schooling, for work and to escape growing extremism,” said Motumal who believes Muslim religious schools are involved in the conversion business.
“Hindus are non-believers. They believe in many gods, not one, and are heretics. So they should be converted,” said Abdul Mannan, 20, a Muslim student. He said he would be willing to marry a Hindu girl, if asked to by his teachers, “because conversions brought big rewards from Allah [God]. But later I will marry a `real’ Muslim girl as my second wife,” he said.
According to local law, a Muslim man can take more than one wife, but rights activists argue that the law infringes the rights of women and needs to be altered.
Motumal says Hindu organizations are concerned only with the “forced conversion” of girls under 18. “Adult women are of course free to choose,” he said.
“Lured away”
Sunil Sushmt, 40, who lives in a village close to the city of Mirpurkhas in central Sindh Province, said his 14-year-old daughter was “lured away” by an older neighbour and, her parents believe, forcibly converted after marriage to a Muslim. “She was a child. What choice did she have?” her father asked. He said her mother still cries for her “almost daily” a year after the event.
Sushmat is also concerned about how his daughter is being treated. “We know many converts are treated like slaves, not wives,” he said.
According to official figures, Hindus based mainly in Sindh make up 2 percent of Pakistan’s total population of 165 million. “We believe this figure could be higher,” Motumal said.
According to media reports, a growing number of Hindus have been fleeing Pakistan, mainly for neighbouring India. The kidnapping of girls and other forms of persecution is a factor in this, according to those who have decided not to stay in the country any longer.
“My family has lived in Sindh for generations,” Parvati Devi, 70, told IRIN. “But now I worry for the future of my granddaughters and their children. Maybe we too should leave,” she said. “The entire family is seriously considering this.”
*not her real name

Syndicated from: United4justice’s Weblog

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Testimony of Mansoor Ijaz in London

Posted on 22 February 2012 by Tea Server

Testimony of Mansoor Ijaz in London

NADEEM MALIK

OPENING STATEMENT UNDER OATH

I, Musawer Mansoor Ijaz (Ijaz), a citizen of the United States of America, do hereby solemnly swear that the testimony I present in this Witness Statement on oath to the Honourable Commission (the Commission)is the truth as I know it to have occurred based on the evidence in my possession and to the best of my recollection where physical or documentary evidence is not available in reference to the subject matter of this inquiry (the Inquiry).

I submit my testimony as a first person witness to the events herein. I appear in front of this Commission to present the physical evidence in my possession and to allow such evidence as I have to be forensically tested in any manner chosen by competent, independent and unbiased experts retained by the Commission so that the authenticity of these data can be ascertained with certainty. I duly submit this Witness Statement to the Commission as a private citizen of the United States, born in the State of Florida in the year 1961, and bound only by the laws of the United States of America. I state for the record that my loyalties are first and foremost to the national interests of my country of birth. I do not now nor have I ever served in any official position in the US government. I act at the behest of no person in government, outside of government, in any foreign country or in the United States of America.

CONTACT WITH PAKISTAN OFFICIALS

While I maintain high-level political and military/intelligence contacts in nearly two dozen countries around the world, during the past decade, I have had no contact with any Pakistani government official, civilian, judicial, military or intelligence with the following four exceptions (Amb. Haqqani excluded):

(a)2003 when I last interacted with the former director general of Inter-Services Intelligence, Gen. Ehsan ul-Haq, shortly before he left the DG-ISI position in 2004; and,

(b)Nov. 2005 when my wife and I visited the prime minister of Pakistan and some military officers during and after our trip to Kashmir as the earthquake reconstruction period began; and,

(c)May 5, 2009 when I met with President Asif Ali Zardari for 45-50 minutes at the Willard Intercontinental Hotel in Washington DC at the invitation of Amb. Haqqani(Haqqani)to brief the president shortly before he met with US officials at the White House; and,

(d)Oct. 22, 2011 when I met alone with Lt. Gen. Ahmed Shuja Pasha, the current DG-ISI, a this request for approximately four hours in London to provide him with the same accounting of facts I provide to the Commission herein.

CONTACT WITH HAQQANI

Over the past decade, I have maintained regular contact with Haqqani through e-mail, BlackBerry chat exchanges, SMS, in-person meetings and telephonic discussions. Often, after the 9-11 attacks, when I was not available for media appearances due to calendar conflicts, I would refer producers to Haqqani as a qualified expert on Pakistan affairs. Haqqani was helpful

and supportive in other important matters, including speaking at one of my charity’s annual

fundraising dinners in June 2009 (please see Exhibit-A for examples of our communications).From the day Haqqani assumed his ambassadorship role, I had no involvement in his Congressional or White House lobbying efforts, no role in his development of the Pakistani-American community or any other aspect of his role as ambassador other than assisting in the ways we were able to after the 2005 Kashmir earthquake.

At no time during Haqqani’s ambassadorial tenure have I lobbied anyone for Pakistan, acted as an agent of the Pakistani government or represented any foreign interest lobbying for a particular outcome. I acted in this matter purely as a friend in my private capacity trying to assist Haqqani in communicating his message in ways that only he dictated, characterized and gave authority for, not in any way to be construed as diplomatic or official activity. Other than as disclosed above, I maintain no active relationships of any type electronic, e-mail contact, telephonic contact, BlackBerry messenger contact or SMS contact with anyone living in Pakistan. I have no close relatives living or alive in Pakistan. I have no business interests in Pakistan. I have no political interests in Pakistan. I have never been involved in any political party, political organization or given a single political contribution in Pakistan to any candidate for high office, or sitting elected official. In short, I have no material ties to Pakistan other than my birth parents.

EVENTS OF MAY 9, 2011 UNTIL MAY 12, 2011

The events I describe herein are a factual recantation of my interactions with Haqqani on the dates of May 9th, May 10th, May 11th and May 12th of 2011, and then again starting on October10, 2011, the date on which an opinion piece I authored was published in the Financial Times entitled “Time to take on Pakistan’s jihadist spies.”

The text of this opinion article has already been entered into the record on the date of the Court’s Order.

I had further material interactions with Haqqani on October 28, 2011 and November 1, 2011. At no time did I meet Haqqani in person. All communications were electronic / telephonic.

The events of the three and a half days in May will be summarized in Tabular form in order to show the type of communication (telephone, e-mail, BlackBerry chat, PIN message and handwritten notes), a brief description of each type of communication, and where a communication was evidenced by physical documentation or electronic messages those are attached hereto as labeled exhibits. My recollections of the discussions in telephone calls a replaced in quotations where attributed to Haqqani. Where the dialogue uses coded words or phraseology that may not be apparently clear to the Court, I have put annotations to explain what was intended by the language used.

RESERVATION NOTICE

I reserve the right to amend this Witness Statement at a future date once forensic examination of my electronic BlackBerry device is complete. There are certain messages (PIN, SMS, etc) that may be archived in backup volumes that I am presently unaware of, having not seen any of those messages since June 2011 when the last monthly backup was made. I have chosen not to retrieve these messages from my computer hard drives which normally roll off after a thirty (30) day period in the device until a certificate that my BlackBerry device has not been tampered with and contains original data in it can be provided. The backup data will only be reviewed once the forensic examination is complete. I would also ask the Commission’s permission to spend about20-30 minutes in explaining how BlackBerry handsets work and why the knowledge of BB operations are so critical to the analysis of data in this matter. Finally, certain Explanation comments that I have noted are for “In Camera” hear in gs only because the disclosures are not appropriate for this statement that can be viewed by others. Please note in the tabular formats set forth below, line numbered for convenience, the following legend: BBM = BlackBerry Messenger chat exchange SMS = Short Message exchangeE-M = E-MAIL sent or received CALL = Telephone OUT to recipient or received IN (numbers withheld for “In Camera” briefing)

TBA = To Be Announced (for those messages referenced but held on backup hard drives)All dates are shown in MONTH/DAY/YEAR format. All times given are Central European Time (CET) in military time format.

HAQQANI BLACKBERRY PIN NUMBERS

I submit for the Commission’s records the two PIN numbers that are unique in the BlackBerry system of communications that were used by Haqqani during our communications by BBM Messenger. The first one, 2326A31D, was used in May. The second, 287EF1E9, was used in the October and November exchanges up until at least November 5th or 6th when I noticed he had disabled me as a BBM contact. I wish to additionally inform the Commission that in the intervening weeks since Haqqani once again changed his BlackBerry PIN, I have been informed

by two important official sources (whom I shall identify “In Camera”) that attempts may have

been or are being made to manipulate, erase, delete or otherwise distort data in the electronic devices of Haqqani that could confirm the data I have provided herein as fact. Additionally, it may be noted by the Commission that both the Interior Minister of Pakistan as well as Haqqani have confirmed that some form of electronic messaging and commstook place with me. Yet Haqqani continues to deny the entirety of any exchanges, for example, as those set forth in this Statement. So which is it? Did he communicate with me or not? If so, where is that data and who has access to it today?

TELEPHONE CALL SUMMARIES

CALL #1

05/09/2011 IJAZ TO HAQQANI

12:35:49

DURATION 16:03

I called Haqqani at the London Intercontinental Hotel, Room 430 as he had requested a few minutes earlier by BlackBerry messenger. We had not spoken by telephone for some time, so we briefly exchanged pleasantries. I asked him what he was doing in London he simply said it was a private visit and moved on to the subject matter at hand. There was an elevated stress in his voice. He spoke rapidly, almost randomly at times. Several times I had to ask him during the call to slow down so I could get the notes down from what he was trying to tell me. He explained that the bin Laden raid had created severe stresses between the army/intelligence organs of Pakistan and the civilian branch of government. Referencing some meeting that had

taken place “72 hours ago” between the army chief, the prime minister and the president, he said there was a “collective jute chalak y” [my spelling phonetically because I do not know what these words mean as my
Urdu is quite rudimentary] between the army and ISI to pin the blame of the bin Laden failure on President Zardari’s administration.

He said the US and British were “beating the shit out of us” to get information in the raid’s aftermath about how bin Laden had been on Pakistani soil for so long. He said in clear words that I wrote on my notepad as he said them, “the Army wants to bring the government down”. He then said he needed my help.

I asked in which sense and he informed me that it was urgent to get a message verbally to “the Americans” that the Obama administration needed to back the army down. He said this was a “1971 moment” a reference I did not understand at all at the time he first made it and had to ask him at the end of the call to clarify for me because he repeatedly referred to this phrase during the call. He then immediately stated his preference for the right person to give this as yet undefined verbal message to was Adm. Mike Mullen, then chairman of the US joints chiefs of staff because (a) he was one of the few people who Gen. Kayani would listen to and (b) he was about to chair a meeting with a Pakistani delegation a two days later in Washington (Wednesday, May 11, 2011).I informed him that I did not know Adm. Mullen. I asked him why he needed me to do this for him when he had so many other ways to do it and he said in his official position, it was impossible to get such a message to the Americans without risking the possibility of detection by

ISI or the military officers he had around him at the embassy in DC. He said I was “plausibly deniable” as a conduit and that no one would ever believe if this got public in those days he had come to me for such kind of help. I made it clear that I had long ago given up the role of a back-channel communicator and that I would do it for him as a friend only if I could get someone on the US side to agree to deliver a message to Adm Mullen in the timeframe Haqqani had requested.

I then asked him whose authority he was acting on behalf of. He was vague. Not evasive, just vague. He said there was a like-minded group of people in Islamabad that would be brought on board by “the boss” a reference I understood to mean President Asif Ali Zardari as the new national security team once tensions had dissipated. He mentioned two names I recognized (Jehangir Karamat and Mahmud Durrani) but added that they would be approached once this was all over a point I took to mean they were unaware of this operation in advance. I then asked him what the message was that he wanted delivered and by when exactly it had to be in Mullen’s hands. He dictated a series of points to me, many of which are contained on the two pages of handwritten notes, and the rest were typed into a blank e-mail template at the point I asked him to pause because I couldn’t keep handwritten pace with his verbal speed while holding the phone to my ear at the same time. The balance of notes, typewritten into the blank e-mail template, ultimately became the basis of the first draft of the written memorandum that I sent him at 18:32 on May 9, 2011. The handwritten notes are explained further under EXHIBIT B explanations. We concluded the 16-minute phone call by agreeing to use certain coded words in our BBM chat exchanges during the following two days until the effort was concluded. These are enumerated as each chat took place in the “Explanation” column of Table 1

CALL #2

05/09/2011 IJAZ TO GEN. JONES

12:58:06

DURATION 02:25

I called Gen. Jones at home. His wife picked up and said he was jogging. I explained the importance. As I rarely called at home that early in the morning, she understood it was important and said she would get in touch with him while he was running and get him to call me back in about an hour when he was in. I gave her a brief overview that the matter had to do with a rapidly devolving situation on the ground in Pakistan and that I had been asked to get an urgent message into a senior administration official. I did not go into details. I did not give names.

CALL #3

05/09/2011 IJAZ TO LAWYER #1

13:01:27

DURATION 04:47

As a parallel track, I immediately called my outside counsel, whose name I am withholding pending an “In Camera” hearing on this matter, in Washington DC he is a former senior government official from the administration of Pres. George H W Bush working at one of Washington’s most prominent and largest law firms. I called him because I knew he had a wide array of contacts available for us to explore how else we might approach Adm. Mullen if I was unable to persuade Gen. Jones to pass the message on. I explained the situation at hand inoutline form only. I explained under attorney-client privilege that Haqqani had asked me to assist him, that the tone of my earlier discussion with Haqqani indicated to me that something serious was amiss in Islamabad and that if we could help we should. His principal concern was under whose authority such a sensitive message was being delivered. I explained that Haqqani generally enjoyed the complete confidence of the president in Pakistan, and that I understood the impetus for this operation was coming from Pres. Zardari in the broader sense, if not operationally. He told me there were two options available to us through the law firm, one a senior US political figure now in private life and the other an acting officer of the US government who knew Adm. Mullen well. He told me he would get in touch with both andreport back to me later in the day (it was 7am in Washington at the time I reached him)

CALL #4

05/09/2011 GEN. JONES TO IJAZ

13:54:31

DURATION 19:26

Gen. Jones called me back from his private cell number around 8am his time in Virginia. I recapped the entire Haqqani call (please see summary of Call #1 for details). His first reaction was to say he didn’t particularly trust Pakistani officials (generally, not specifically), and that in his experience through government work with them, they often made verbal promises that they didn’t keep. He said he would not consider taking any message to Adm. Mullen if it wasn’t in writing. Gen. Jones also insisted on having higher political authority than Haqqani, whom he had grown to be somewhat skeptical of over time, if and when he decided to go ahead. We went through the points Haqqani wanted relayed, which took the bulk of the time on the call. He commented that while compelling, it sounded like an opposition group’s agenda. I made clear that it was morelike a change of players under a sitting head of state whose new ground rules and agenda were so diametrically different than the old that it (Haqqani’s desired message) could give off that impression. I gave Jones some background on my relationship with Haqqani and told him that Haqqani would never have come to me if it wasn’t serious because of my past tensions with the senior leaders of Pakistan, no matter whether military, intelligence, political of any party persuasion.

Jones’s skepticism remained throughout the call, but in the final analysis he said he would do it as a favor for me if I could get the message to him in writing with the appropriate political authority. We agreed to be in touch later in the day once I had gotten Haqqani on board with the NO VERBAL, ONLY WRITTEN demand and I had further explained to Haqqani that Jones wanted certain knowledge of the appropriate political authority and consent for this operation before delivering the message to Adm. Mullen.

CALL #5

05/09/2011 HAQQANI TO IJAZ

18:28:45

DURATION 02:34

During this call, I informed Haqqani that one of the three choices on the US side was insisting onhaving the message in writing, with higher political authority than Haqqani alone, to go forward. I informed him that I had taken the precautionary step, given the tight time constraints, to prepare a written draft based on the notes I took in the first call and that I had tried to reach him earlier in the day to let him know about the in-writing constraint. He agreed and told me to send him the draft in writing for his review. I then asked him to clarify what he meant by “discipline” in the nuclear program a point he had made in the written notes earlier and whether the point he made about US Vice President Biden on the “blank sheet” agreement on nukes and Kashmir should be included in the preamble paragraphs. He said no. I also asked him whether he wanted names included in the paragraph mentioning the new national security team he said no. Finally, I asked him whether he wanted any characterization of the army chief, prime minister, president’s meeting included this is when he gave me the information about the CIA station chief’s name being outed and the phraseology about “no central control being in place” as a result of the stresses in Islamabad during the previous days.After inserting a few of the necessary comments into the e-mail draft, I sent the draft to Haqqaniat 18:32. We closed the call by noting my mail to him would come in a few minutes as well as the message’s delivery timing and logistics.

CALL #6

05/09/2011 LAWYER #1 TO IJAZ

23:49:10 & 23:55:21

DURATION 05:28 & 09:58

During these two calls

the first with my outside general counsel, the second a conf call with a third party, we explored the requirements posed by two other possible candidates to deliver the message to Adm. Mullen. My counsel informed me that he had reached a close aide of the active US government officer who knew Adm. Mullen well, and that he wanted to have a conference call with me to listen to how we wanted to do this and what the US official wanted from us as performance parameters before agreeing to our request. We then agreed that the US political personality was out due to slow response. We followed up this call with a 10-minute conference call with the US official’s trusted friend.

We discussed two possibilities the first was to have the US official arrange a private meeting between myself and Adm. Mullen so I could deliver a verbal message as Haqqani had initially preferred. This approach had two problems

I was a nine hour airplane ride away from Washington and there simply wasn’t enough time to match Adm. Mullen’s busy schedule with my getting in the air before the Wed. meeting was to have taken place. The second problem was my personal hesitation to carry a verbal message given what Gen. Jones had told me in his first call about the unreliability of Pakistani officials saying one thing and doing another. The second possibility discussed was for us to have the US official deliver the message, in writing, to Adm. Mullen. This posed two different challenges the US official was unwilling to do it as a “non paper” (a message delivered in writing on paper without signature or letterhead between governments). He insisted on the message being on letterhead with appropriate signature. This conference call made it clear that the 2nd potential US interlocutor was simply not the right solution.

CALL #7

05/10/2011 HAQQANI TO IJAZ

00:30:55

DURATION 01:17

I informed Haqqani that two of the three options for transmission were out, why they were out

and that in order to proceed with the third option I needed him to confirm the memo’s draft form

or send me his changes, and I needed his confirmation that he had the Pakistani government’s highest political authority to proceed. He said he would review the memo during the night. On authority, he said something like “don’t worry about that, I’ve got it sorted out with the boss.”

Haqqani also quickly informed me at the end of the conversation that I needed to remove Point 6on the list because it was already agreed by the Pakistani authorities in the intervening hours since we had last spoken.

CALL #8

05/10/2011 IJAZ TO GEN. JONES

00:33:05

DURATION 01:39

I called Gen. Jones immediately to say that he would transmit the message, that I had confirmation from Haqqani of his authority to proceed from the highest political level and that I would be sending the memorandum over shortly with a request that he hold on to it until I had Haqqani’s final word in the morning (Tue, 10 May). I told Gen. Jones that given the fluidity of events on the ground, it was best that he waited until at least midday on Tuesday before puttingthe Memo in Adm. Mullen’s hands. I recall asking him whether he preferred WORD.DOC files or .PDF files for printing purposes and I sent him both types of files later in the night so that if there were last minute changes and I was not in front of a computer, he could make the necessary changes himself with me giving him Haqqani’s changes by telephone.

CALL #9

05/10/2011 IJAZ TO HAQQANI

09:06:16

DURATION 11:16

During this call on the morning of May 10th, I asked Haqqani if he had any last minute changes to the Memorandum, and then informed him that I had sent it to the US interlocutor earlier in the night so that if there were no changes, we were ready to deliver to Mullen later that day, before Haqqani had planned to leave London .We went through the architecture of the Memo, focusing this time on the opening paragraph and confirming the new signature paragraph (from whom did this document come) that had been added in. We reviewed briefly the six agenda points.I then asked him one last time to confirm he had the authority from the highest political level to proceed with the operation because Gen. Jones (who remained anonymous to Haqqani) would not proceed without that understanding from me and he said, “I’ve got the boss’s approval; go ahead”. I told him we would n

eed to wait until just after lunchtime for me to reach the US interlocutor and give the final delivery instruction.We discussed briefly his schedule for return to the US and next contact time, and when I wouldbe given the time of the Wednesday meeting with Mullen.

CALL #10

05/12/2011 IJAZ TO HAQQANI

01:09 ON MMI US CELL

DURATION 04:00

Haqqani informed me about the results of the meeting with Mullen. He said a “call will go outfrom Washington to Pindi [Rawalpindi?] tonight.” and that he was sa

tisfied the intervention hadworked. We clarified the M remark in my BBMs, he thanked me and the call ended.

RATIONALE FOR WRITING THE Financial Times ARTICLE

Much confusion has been introduced by media analysts, critics and supporters alike about the motivations and agendas that may have led me to publish the initial FT article on October 10,2011. I state for the record that there was no external impetus given to me to write the initial article, neither from any individual, nor from any governmental body US or foreign nor anyother source in any manner whatsoever. Since 1996, when I published my first article in The Wall Street Journal, I have published over 125 opinion pieces in only the most reputable journals and newspapers around the world, and have appeared extensively on television and radio as ananalyst regarding political, security and business issues. I have also had numerous articles written about my citizen diplomacy initiatives in Sudan, Kashmir, Pakistan and elsewhere.In recent years, I have reduced my writings dramatically, writing only a few times a year when a major political or geopolitical event takes place that bears consequence on subject matters thatinterest me. Pakistan generally, and more specifically the struggle to bring a secure and stable democracy to the fore without hidden agendas, corrupt practices and the venality that is so often present in modern day Pakistani rulers military and civilian alike is a major topic on which I have written often in the past. If the Commission so wishes, I am happy to provide a full reference list for my past writings on Pakistan.

I further state for the record that my sole motivation in writing the Oct. 10th FT article was to enunciate a policy prescription I believed was in the best national security interests of the United States about how best to deal with Directorate S of Pakistan’s Inter-Services Intelligence. The impetus for the article, which I drafted the first thoughts for on 24 September 2011, arose from testimony offered by Adm. Mullen in his final appearance before the Senate Armed Services Committee in which he called the Haqqani network of terrorists a “veritable arm” of the ISI, among other very strong comments.

The reaction in Pakistan’s media to Adm. Mullen’s statement was immediate, and as it has been in my case under the glare of the Mullen Memorandum controversy, was shrill and unabashed in lambasting a high-ranking military officer of the United States who served our country honorably for 43 years. While Adm. Mullen needed no defense from my writings, I felt it was important for US policymakers to know that an effort which involved Adm. Mullen himself back in May had been made to reign in Directorate S of ISI, and it so happened that to source this material for my

opinion piece, I referenced the memorandum as the “peg”

as it is called in journalism to base my opinions on. There was no malicious intent involved in bringing the memorandum into the opening paragraph. The description I gave was the bare minimum of facts that were needed in order to give my opinion piece the authenticity it required for the policy prescription to be given any weight. I had written more or less exactly the same opinion article on June 2, 2011 for Newsweek / Daily Beast Company

http://www.thedailybeast.com/blogs-and-stories/2011-06-02/pakistans-isi-spy-agency-s-wing-and-terrorism/

after learning of the death of Saleem Shahzad, without material effect in the inquiry of my arguments. Clearly, introducing the memorandum into the FT opinion article strengthened the argument because it gave it the needed authenticity. Editors at the FT who normally evaluate my opinion columns for publication have tended in the past to choose those articles of mine that begin with some historical anecdote to anchor the article’s policy prescriptions and opinions. This article was no different, other than the anecdote was in the form of a “first person” analysis.

If the Commission so requests, I will make available my internal correspondence with the FT editors to provide evidence of this fact. I would like to note, for the Commission’s interest, that Haqqani sent me the following BBMchat on June 4, 2011 to which I responded and he then wrote a reply please see the following screen shots:

I apologize to the Commission for the frank exchange of language between Haqqani and myself, but this is evidence of the type of relationship we shared together. Message time-stamped 02:18was first message from Haqqani. I replied the next day. Message in second screen time-stamped18:05 was his reply. One final point of note on this subject matter: some sections of the media have questioned why it took so long for the opinion piece to be published in the FT from the date of Adm. Mullen’s

statement. As you are most certainly aware, FT is a financial newspaper whose editorial pages are reserved primarily for finance discussions, not matters of security and foreign policy. As Europe has been engulfed in perhaps the most important financial crisis it has suffered since the introduction of the Euro, the Eurozone crisis dominated the editorial pages of the FT for those weeks, and my opinion article which dealt with matters much further away and unrelated to the major editorial thrust, simply was placed on a date that was convenient to the FT’s editorial calendar. I had no control over that decision and again, at the Commission’s request, I amprepared to make my internal communications with the editors available in this specific regard.

EVENTS OF NOTE AFTER THE Financial Times

ARTICLE APPEARS

Haqqani sent me a BlackBerry message around 21:50 GMT on the evening of October 10, 2011, shortly after my opinion article had been published on the FT’s website. It read: “This FT op-ed of yours is a disaster”. Before I had a chance to see it and respond, he telephoned me at 21:57GMT in a somewhat panicked voice, reiterating what he had just said by BBM message and then asking me whether there were any other “senior Pakistani diplomats” I knew in Islamabad that he could name to throw the “press hounds of my scent”. I responded by querying why the op-ed was such an issue for him and what he was so upset about. He replied simply by saying everyone would now assume it was he who was the brainchild of the Memorandum and that I understood nothing about Pakistan’s domestic situation. It was a short call lasting only 00:45.

At the time of this writing, I do not yet have the hard copy details of my October telephone bills to give the exact time and date of the second call I received from Haqqani

it was about 5 or 6days before I met with Gen. Shuja Pasha in London. My recollection of that call is as follows: Haqqani called to inform me he had just learned that Gen. Pasha was coming to London. I expressed disinterest and lack of knowledge. He expressed some anxiety over my disinterest and said something to the effect of “what’s going on here” a clear reference to his skepticism of my disinterest. He did not ask once during that call whether I had been approached to see Gen. Pasha. His only concern was whether Gen. Pasha would be meeting with the FT editors in London, whether I knew anything about it and whether I would do him the favor of intervening with the FT editors to insure they did not provide Gen. Pasha with a copy of the Memorandum or any other evidence that I had provided the editors when I wrote the opinion piece. I responded by again asking him, as I had on the night of May 10, 2011, why he was so paranoid about the Memorandum and whether we had done something wrong in delivering it to Adm. Mullen. His response was to simply reiterate that I understood nothing about Pakistan’s domestic political situation and that there were some who would say Haqqani “was playing for your [U.S.A.] side” if the content of the Memorandum was revealed in public. I told him that I did not believe the FT editors would take a meeting with Gen. Pasha without a lot of advance work being done about purpose, etc and the call ended.

SUMMARY OVERVIEW OF MEETING WITH DG-ISI LT. GEN. SHUJA PASHA

I was contacted by a person, whose real name I do not know to this day, on or about the 16th of October to see whether I would be willing to meet with Gen. Pasha. I inquired purpose and proposed location. Purpose: to determine the truthful facts surrounding the content of the Memorandum and its genesis (authorship, operational details of the effort to get it delivered to Adm. Mullen, etc). Location: London was the most convenient location for both of us to meet. After discussing the implications of such a meeting going ahead with my in-house legal counsel and my family, I agreed to take the meeting. We met on the evening of 22nd October in London at the Park Lane Intercontinental Hotel, Room210, from approximately 1830hrs until 2230hrs, according to my records. There was one person

I believe the logistics manager of the meeting with Gen. Pasha when I was shown into the room by a member of his security detail and that person shook hands with me and left the room promptly.

I brought my electronic devices and a notepad to the meeting. We both agreed to take batteries out of our telephones while we spoke. The telephones were stored in a drawer near the table we sat at. Gen. Pasha brought a notepad as well. After being seated face to face at a small dining table, Gen. Pasha opened the meeting by stating his purpose in asking to meet me. He made clear he was not there to interrogate but rather to understand with evidence supporting my statements what exactly had happened in the days in question. He made clear he was in London with the consent of the army chief, Gen. Kayani. He made clear he did not know who I was prior to the meeting, and had asked one of his researchers to prepare a dossier for his review. He asked me to give him my own summary of my background, partly to allow me to introduce myself, but also to separate fact from fiction in the dossier he held. Each comment I made was later backed up during the meeting by evidence I showed him on my computer about my background, life, family and businesses. I made clear to him at the outset of the meeting that I had agreed to the meeting on the basis that it was entirely possible in my mind given the adverse reactions Haqqani had shown me on the two telephone calls I had with him prior to this meeting that Haqqani did not properly inform the government of Pakistan of his activities, and that if anything he had done was against the laws of Pakistan, in violation of the Constitution of Pakistan or the rules of international diplomacy as agreed between the US and Pakistan, it was possible that myself, Gen. Jones and Adm. Mullen had become unwitting accessories to these possible wrongdoings. For that reason alone, whether I liked or disliked the ISI, whether I had written against it or the military or any other organ of the Pakistani state, I felt the responsibility to share the facts with him and to understand whether there was any possible wrongdoing on our part collectively as US citizens that had assisted Haqqani in transmitting the message to Adm. Mullen. I also made clear to Gen. Pasha that I did not want to personally be involved in any debriefing of

him that would lead to a disruption of the civilian government’s normal business he responded by making clear that it was his and Gen. Kayani’s deep desire to see a government complete its term, but that the rumors of what was contained in the Memorandum from a content perspective could simply not be ignored. On this basis, we agreed to start the meeting in good faith with him questioning openly without constraints and me answering in the most truthful and complete manner possible. He asked me about my relationship with Haqqani (length, frequency of contact, type of contact, etc). He queried me about my interactions with prior Pakistani ambassadors in the United States, as well as past political leaders (Bhutto, Sharif, Musharraf, etc). After my initial set of answers about 30 minutes into the meeting he went to the door of the room and informed the security person that “this is going to take a while”.

We then began the data debriefing. We went through the information that has been provided in this Witness Statement line by line so that I could explain what had happened in those three and a half days. He asked questions, at times looked a bit astonished at what he was seeing but at no time did he offer any assessment of the data other than to indicate that the records were “clear and convincing” evidence. We took the bulk of the four hour meeting to do the data debrief. In my recollection, Gen. Pasha read the Memorandum itself in about three or four minutes, demonstrated surprise and dismay at times disgust and disappointment over the content of the document. He did not ask a single question about the content of the document other than if I was willing to divulge the names of the others besides Haqqani that he had told me were to be part of the new national security team. I did so with the caveat that I did not believe either Karamat or Durrani knew anything about the plan to deliver the Memorandum, the contents of the Memorandum or the mindset of Haqqani and those behind him in dreaming up the scheme. At the point during the meeting where he learned of the three US people I had approached to deliver the Memorandum to Adm. Mullen, he asked me how I knew each of them, how well and to briefly summarize my requests of them in terms of why, who was involved, under what authority and in which modality such delivery might take place with each person. Intermittently during the data debrief, I would open my computer or my BlackBerry device and point out how the data was stored, transmitted, displayed, etc. He then carefully analyzed dates, times, “properties” of my Microsoft documents to see when the documents were created and how

they fit into the timeline I was stating, looked at the original telephone bill logs, checked the time at which each BBM message was sent or received and reviewed my handwritten notes. Contrary to media reports, at no time did Gen. Pasha try to send a BBM message to Haqqani from my handset. He recorded the PIN numbers that I had for Haqqani, both the old one and the new one Haqqani did not yet have the third PIN at that time that he would ultimately obtain. Gen. Pasha did ask to see how I stored e-mail addresses and to see the ones I had for Haqqani one from his private university mailbox (Boston Univ.) and one for official use at the embassy in Washington. There were no other issues relevant to this subject matter discussed during the meeting. It ended on a cordial note with Gen. Pasha thanking me for providing a clear record of events and asking if it was okay to follow up if other questions arose in the aftermath of his further investigation into the matter.

BBM CHAT EXCHANGES WITH HAQQANI ON 28 OCT 2011

approx 21:55 until 22:33 CET

Participants:Mansoor IJAZ, Husain HaqqaniMessages:

Husain Haqqani: you can keep saying you delivered a message and show bbm convos to prove it Husain Haqqani: Basically you don’t get itHusain Haqqani: You have given hardliners in Pak Mil reason to argue there

was an effort to get US to conspireagainst Pak MilHusain Haqqani: You are a US citizenHusain Haqqani: You are supposed to look after US interestsMansoor IJAZ: I wrote one article. Have not said one word on the record since then to anyone. I think your press isworking both sides against the middle, trying to force something out of anyone they can. Period. I don’t play in thatgameHusain Haqqani: In Pak political situation, getting burned as a US stooge undermines one’s effectivenessHusain Haqqani: I will make sure FO shuts upHusain Haqqani: Let this die downHusain Haqqani: We are in the rightHusain Haqqani: We will still make things happenMansoor IJAZ: Okay, well I know my IQ is pretty low so you are probably correct in saying I just don’t get it.Husain Haqqani: The Pak press be damnedHusain Haqqani: I stand by you as a man of integrity werving his countryHusain Haqqani: You don’t let ppl back home argue I play for your team, not oursMansoor IJAZ: But from my point of view, if there was a real threat, as you stated at the time, it is clear you weretrying to save a democratic structure from those hawksHusain Haqqani: You get to write the book on how you changed US-Pak dynamic and won the war in A’tan (w/ somehelp from a Paki nerd) :D Mansoor IJAZ: I was happy to get the message in the back door because it served American interests to preserve thedemocratic civilian setup and the offers made, if achieved, were very much congruent with American objectives inthe regionHusain Haqqani: True that, friend. But you know premature revelation ain’t goodMansoor IJAZ: As far as I can see, we did right. Unless there is something I don’t see here. But then I’m sorta dumbfrom down on the farm where them hillbillies liveHusain Haqqani: Hey! Don’t run down hillbilliesHusain Haqqani: Even the smartest can miss a piece of the puzzleHusain Haqqani: You are assuming there are no powerful men in Pak willing to break w/ US. Premature revelationgives those ppl reason to claim ‘conspiracy’, ‘treason’Husain Haqqani: That is all you missed. Period.Husain Haqqani: And no one else might tell you this, you’re becoming irritable and losing your sense of humor asyou grow oldHusain Haqqani: Let this one go. There is much to do. MUCH. And then, there’s the beach where I’ve been waitingto be invited, the slum boy visiting the millionaireMansoor IJAZ: I’m not a millionaire. But I do know a nice piece of beach!Husain Haqqani: I’m not a slum boy either but I know how to make friends with smart people with a sense of history:PMansoor IJAZ: Jesus, then what the fuck are you doing hanging around with me? =DHusain Haqqani: We’ll make things happen and if we can’t, we’ll write a book about itHusain Haqqani: Who said I was hanging around witjh you. A minute ago I thought you were about to hang me :D Mansoor IJAZ: :OMansoor IJAZ: Really?Husain Haqqani: Look, Isloo is a mess. Journos gone wild. Politicos scared of mil. Mil scared of Yanks.Mansoor IJAZ: Tell me one important thing. Who likes you and who hates you in the US establishment? Who wantsyou to stay and who wants to fuck you up?

Husain Haqqani: The debate abt your oped has caused my detractors to put pressure on my bossHusain Haqqani: In US estab, I can count on Leon and PetraeusMansoor IJAZ: I thought YOU were the boss!Mansoor IJAZ: Who is against you?Husain Haqqani: Folks at State don’t like meMansoor IJAZ: Why?Mansoor IJAZ: Too close to AZ?Husain Haqqani: They think I am too mixed up w/ DoD and others and do not help them cut deals w/ Pak milHusain Haqqani: Close to AZ bit tooHusain Haqqani: They are wrong re DoD and others.Husain Haqqani: It is just that becoz of A’tan, they are more imp than StateMansoor IJAZ: I always thought HRC was one of your fans. She even has a lady from our parts working with herHusain Haqqani: It is folks at State who got pissed off by your missionHusain Haqqani: She may be but I was Holbrooke’s buddy so everyone who hates him hates meHusain Haqqani: I have no time for just pushing paper aroundHusain Haqqani: State likes processMansoor IJAZ: Which mission? Sudan, Kashmir, there were so many they got pissed off about. I showed them howto do real American diplomacy and that was like a big pile of shit on their desk they couldn’t swallowHusain Haqqani: Conferences, statements–with nothing changingHusain Haqqani: The latest oneMansoor IJAZ: Yeah, I got it. You’re right!Mansoor IJAZ: Anyway, State will always hate me because I don’t accept their muddling way of doing thingsHusain Haqqani: I don’t know for a fact but I won’t be surprised if the FO statement was prompted by someone hereHusain Haqqani: Robin Raphel is back as Grossman’s deputyHusain Haqqani: You stepped on her toes w/ Kashmir missionMansoor IJAZ: That would be typical. But Grossman knows me and he knows how serious I am. Raphael still hatesme for the Kashmir intervention where she did everything she could to fuck me upHusain Haqqani: And now they hate me more when folks back home who hate me tell them you and I might havebeen together on s’thing (whether we were or not is irrelevant to them)Husain Haqqani: Grossman is good but he doesn’t like anyone playing a larger than life role. Old schoolHusain Haqqani: That’s why I have been requesting you to let this one goMansoor IJAZ: Yeah I know. Found that out when he was our lobbyist. But he’s a good guyHusain Haqqani: That takes attention off meMansoor IJAZ: Hmmmmmmmmm……. Not sure anything could take attention off youHusain Haqqani: I try and make peace with State and focus on battles at homeHusain Haqqani: HaHa :D Mansoor IJAZ: Diplomacy at its finest!!!Husain Haqqani: Yeah, right! But at least I shd not be painted as playing for your teamMansoor IJAZ: Why not? You were a good quarterback for those three days!!Husain Haqqani: I want to solve f***ing problems not fight a rearguard action all the timeHusain Haqqani: :x Husain Haqqani: Let us wait and see if Hillary’s latest foray changes things in any directionMansoor IJAZ: Did we really solve a true problem or was this all smoke and mirrors?Mansoor IJAZ: I mean on those days of stress…Husain Haqqani: View here is that everyone in Isloo sucks!Mansoor IJAZ: That’s pretty much true!!!!Husain Haqqani: Too early to say re solutionMansoor IJAZ: But if they all suck, then what did we save — a sinking ship that was going to sink anyway???Husain Haqqani: And there is a genetic problem at that end, predisposed to going round and round in circlesMansoor IJAZ: Yup!! That’s for damn sureHusain Haqqani: I think we save the situation from an extremely violent outcomeMansoor IJAZ: How can you solve the problems you understand so well from here if all the people in charge overthere are wrong? It’s only one year til we have a change in the US. Then you really won’t like who we have here!Husain Haqqani: I mean, Iran might have done better if the Shah had been saved AND some true reform introducedHusain Haqqani: Actually, I think the new ppl here might be better to deal with

Husain Haqqani: They won’t take lies easilyMansoor IJAZ: Don’t bet on it. We have a lot of extremists cropping up and seeping into the systemMansoor IJAZ: They don’t trust anything PakistaniMansoor IJAZ: Don’t matter what it isHusain Haqqani: Well, in that case find me a cheap piece of beachMansoor IJAZ: Cain, Romney (who hates Muslims), Perry — its all the same crapMansoor IJAZ: Hmmmmm, yes, I can arrange thatMansoor IJAZ: Why is Z such an idiot?Husain Haqqani: But don’t go off writing opeds abt arranging piece of beach w’out consulting first :P Husain Haqqani: HaHa! Tough questionHusain Haqqani: I have a speech in 20 mins so let’s keep that for laterHusain Haqqani: Bye for nowMansoor IJAZ: Okay. Good luck.Husain Haqqani: Thank you!

BBM CHAT EXCHANGES WITH HAQQANI ON 01 NOV 2011

22:06, then 22:31 until 23:03

Participants:Mansoor IJAZ, Husain Haqqani Messages:

Mansoor IJAZ: Hi buddy, I understand you/ your foreign office hacks are commissioning hatchet pieces against me.Unfortunate…. very unfortunate Husain Haqqani: I will enquire and stop them. There’s no need for any of this.Husain Haqqani: You haven’t helped by engaging so much w/ Pak media.Husain Haqqani: What happened to the ‘silent soldier’?Mansoor IJAZ: I issued a statement that was designed to put an end to all of this after Imran Khan’s rally nonsense.But be that as it may,I’m not going to tolerate character assassination in any of thisHusain Haqqani: I agreeHusain Haqqani: Will do my best to prevent itMansoor IJAZ: Roger thatHusain Haqqani: Focus on your policy message instead of who did what and we can turn this aroundMansoor IJAZ: Please remind your boss that his beloved wife, who later became a good friend of mine, tried thesame bullshit tactics in 1996 when Maleeha was envoy — result: her government was dismissed in Nov 1996.Mansoor IJAZ: I’m not someone he can mess around with. He better get that message from me and really understanditHusain Haqqani: My response to Imran was very simple and true: I did not write a treasonous letter and if Imran hasa copy, he should present itHusain Haqqani: I don’t think your threatening helpsMansoor IJAZ: That’s true from my point of view as well. But politicians are politiciansMansoor IJAZ: I don’t make threats. I state facts. Your boss needs reminding of the factsHusain Haqqani: Are you sure your side won’t deny?Mansoor IJAZ: No, maybe they will. But that would also be a mistake. Too much proof on that side as well.Husain Haqqani: But does “proving” help anything?Husain Haqqani: Is it not the nature of a private mission that officials deny it?Mansoor IJAZ: Don’t know. Don’t care. My point is simple — I’ve said what I was going to. Attacks on my personwill not be tolerated. And my statement stands. Stop telling lies about me and I might just stip telling the truth aboutyouHusain Haqqani: If you were to listen to my advice, you would let this blow over and prove yourself afterwards. Youare the one who will outlast the flying shit :) Husain Haqqani: That is usually my strategy: be there when the others have self-destructed or blown over

Mansoor IJAZ: I’ve kept to my word — if everyone wants to call it a fabrication and make me the fall guy, thengloves come off and it’s not going to be fun or pretty for anyoneMansoor IJAZ: You did something you thought was right outside channels because you felt it would be the mosteffective way to get the job done.I helped you execute. I haven’t thrown you under the bus. But be damn sure I won’t let anyone do that to meHusain Haqqani: I’ll do what I can to keep it prettyHusain Haqqani: I haven’t. I won’t.Mansoor IJAZ: By the way, I know a lot more than you give me credit for about the circumstances that led to May 1and your role in all that. Just FYIHusain Haqqani: Honorable ppl stick with one another. Take care.Mansoor IJAZ: ;)

BBM CHAT FROM HAQQANI ON 02 NOV 2011 at 03:42

Husain Haqqani: I am maintaining silence so pls check with me before reacting if some Pak journo attributes anything to me

This completes my Witness Statement to the Commission. I wish to thank this august body forpermitting me to be heard in completeness. I remain ready to answer any of your questions. Iwish the Commission

God’s speed in addressing the important issues raised by this matter.

Thank you, Chairman and the members of this Honourable Commission, for your time and yourattention in this matter of great national importance.

Submitted for the record this 16th day of February, 2012

Deponent Musawer Mansoor IJAZ

VERIFICATION:

Verifying on solemn affirmation on this 16th day of February, 2012 at London that all content of this affidavit, oral as well as printed in script from blackberry, email and other devices are absolutely true, honest and sincere to the best of my knowledge and nothing has been deposed falsely, ambiguously and wrongly. Deponent Musawer Mansoor IJAZ

NADEEM MALIK

Filed under: CURRENT AFFAIRS

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MUST WATCH: Harvard Lecture on Justice

Posted on 25 January 2012 by Tea Server

Please watch these series of lectures from Harvard University‘s YouTube page on Morality & Philosophy. The video below is based on 2 lectures on the topic of “The Moral Side of Murder” It’s really insightful and profound. MUST WATCH: Harvard Lecture on Justice is a post from: PakMediaBlog All Rights Reserved.

MUST WATCH: Harvard Lecture on Justice is a post from: PakMediaBlog All Rights Reserved.



Syndicated from: PakMediaBlog

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Pop Quiz on American Justice!

Posted on 24 January 2012 by Tea Server

What should be the punishment for a person(s) who killed numerous innocent women & children? Specifically, 24 innocents killed including 10 women & children killed at point blank range. Shot in the head.

What should be the punishment?

a) Death Penalty

b) Life Imprisonment

c) Anything remotely approaching any semblance of an attempt at justice

d) A possible MAXIMUM sentence of three months of confinement, forfeiture of two-thirds of his pay for three months and a reduction in rank for the LEADER. EXONERATION for all others.

If you picked a, b or c, you failed. d) is the right answer. Ok, it was a trick question. All the dead were Iraqis, so they don’t matter. They were lesser human beings. Was this verdict juctice? No. My bad, typo. Was this verdict American justice? Oh, yes! Salute the troops, lets start the parade. The righteous and brave american warriors have saved the world (by executing babies, women & men). All hail USA.

And this is the remarkable american justice in “a case” that came to light in some of the media. The thousands others who have been massacred in Afghanistan, Iraq, Pakistan & all over the world, they have been spared this shining beacon of American justice.

US marine pleads guilty to Haditha killings

Update Edit: US marine to serve no time over Iraq killings

A US marine accused over the killing of 24 Iraqi civilians in the city of Haditha was demoted to the rank of private but will serve no time behind bars, a military spokesman has said.

Staff Sergeant Frank Wuterich, the last squad member to face justice after all the others were cleared, was sentenced to 90 days confinement but he will not serve it for procedural reasons, the spokesman said.

“the last squad member to face justice”. Hmm, is that what we call this farce? Justice. Seriously? USA, USA. Salute the troops. Shooting innocent people including point blank executions of children & women nets only 1 person a DEMOTION in rank while all others walk scot free. Justice? No. ‘American’ Justice? You betcha. America <— the pits of moral depravity.

Syndicated from: MtRtMk

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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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Sold Into Slavery As a Girl, Shyima Hall Becomes a U.S. Citizen

Posted on 13 January 2012 by Tea Server

By Phil Willon, Los Angeles Times

A decade ago, Shyima Hall was smuggled into the United States as a 10-year-old slave, forced to cook and clean inside the home of a wealthy Irvine family and, at night, sleep on a squalid mattress in a windowless garage.

On Thursday, the Egyptian-born 22-year-old stood before a federal judge in Montebello with nearly 900 others and was sworn in as naturalized U.S. citizen. The ceremony capped a hard-scrabble journey that began with Hall’s rescue, wound through the foster care system and ended with her living on her own, working, and with ambitions to become a federal agent.

“I went through something terrible, but right now I’m in a great place,” Hall said after Thursday’s citizenship ceremony at the Quiet Cannon Country Club. “I can’t imagine anything greater than having my own life.”

Hall’s Egyptian parents sold her into slavery when she was 8 for $30 a month, according to authorities. The Cairo couple who bought her moved to Irvine two years later, smuggling Hall into the U.S. where she toiled for them and their five children until she was 13.

Hall said she worked 16 hour days, scrubbing floors, cooking meals and cleaning house, and was rarely allowed outside the spacious home. She was forced to wash her own clothes in a bucket and was forbidden from going to school. She never visited a doctor or dentist and didn’t speak a word of English.

Her captors, Abdel Nasser Eid Youssef Ibrahim and his former wife, Amal Ahmed Ewis-abd Motelib, berated her and occasionally slapped her around, authorities said.

“I didn’t know anything about what America was about. My only hope was to go back home and live a normal life with my family, my brothers and sisters,” she said. “That’s all I wanted.”

In 2002, acting on a tip from a concerned neighbor, child welfare authorities rescued her from the house. Her case was investigated by U.S. Immigration and Customs Enforcement, leading to the prosecution, federal imprisonment and, later, deportation of Ibrahim and Motelib.

Hall formed a tight bond with one of the lead federal agents, Mark Abend of ICE’s Homeland Security Investigations, who has served as a friend and mentor. He was at Hall’s citizenship ceremony Thursday.

“I’m really proud of her. Think of everything she’s been through. Being sold into slavery at an early age. Coming over here. Not having a family,” Abend said. “The resiliency she has is just amazing. The fortitude. Not falling apart. Not being a destroyed soul.”

Abend remembers interviewing Hall, then 13, with the help of an Arabic interpreter for the first time when she was being cared for at the Orangewood Children’s Home in Orange. Her captors told her to never speak to police, that officers would beat her. She stayed tight-lipped until she was allowed to call her parents in Egypt, and her father ordered her to go back with her captors.

“That’s when I saw a spark,” Abend said. “She stood up to her dad. She said, ‘No! This is not right. What they did to me was not right. You sold me into slavery.’”

At 13, Hall decided that she wanted to stay in the U.S. She hasn’t returned to Egypt or seen her family.

In recent years, Hall has spoken to groups across the country about combating human trafficking. She’s briefed ICE agents about the emotional and physical trauma victims face.

In 2010-11, federal immigration officials launched 651 investigations into human trafficking, arresting 300 people. According to the U.S. State Department, there are more than 12 million people entrapped in some form of slavery worldwide.

Hall said her dream now is to become a federal agent for ICE to help crack down on human trafficking and free the enslaved.

“That’s my top goal,” Hall said. “I’ve been through it. I know I can help.”

Los Angeles immigration attorney Angelo Paparelli, who represented Hall pro bono, said that her citizenship application was filed under a special provision for juvenile immigrants and that county officials from the outset supported her decision to stay in the U.S.

“She has literally gone through a living hell, and now she wants to give back,” said Paparelli, of the national law firm Seyfarth Shaw. “She’s there to give other people courage.”

For now, Hall is living in Beaumont in Riverside County and working at the Cabazon outlets as a store supervisor. She’s deciding whether to go back to college to finish a degree or to apply for the local police force.

“I’m very excited. I can start my career now,” she said. “I can start my life.”

Filed under: American Muslims, Arab, Egypt, Freedoms, United States Tagged: American Muslims, Cairo, Child Slavery, Egypt, Homeland Security Investigations, ICE, Orangewood Children’s Home, Shyima Hall, U.S. Immigration and Customs Enforcement, U.S. State Department, United States

Syndicated from: Pakistanis for Peace

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NRO case: SC says PM violated his oath–>GeoTV

Posted on 10 January 2012 by Tea Server

Source : http://www.geo.tv/GeoDetail.aspx?ID=30333

ISLAMABAD: A five member bench of the Supreme Court has decided to refer the six options relating to the NRO implementation case to the Chief Justice for constitution of a larger bench for hearing of these options.

Announcing the verdict on NRO implementation case‚ the bench headed by Justice Asif Saeed Khosa said the six options are being handed over to the Attorney General.

01: To initiate the contempt of court proceedings against the Chief Executive and the Secretary Law for not implementing the NRO verdict.

02: To declare the chief executive ineligible from the membership of the Parliament.

03: The court may form a commission to get the verdict implemented.

04: The people themselves decide on the issue and the court exhibit patience.

05: Contempt proceedings against Chairman Nab may be initiated.

06: The action may be taken against President for violating the Constitution.
The Supreme Court said in its order in NRO implementation case that the government has failed to implement the verdict.’The government is not taking interest to observe the order for the last two years. We knew that the actions we are about to take they may be unpleasant.’

‘The court has taken oath to defend the Constitution. The prime minister respected the party over the Constitution.’

‘The president in an interview to Geo News said his government would not implement one part of NRO verdict.’

As per Article 189 and 190 all institutions are bound to help the apex court, the order said.

‘Prima Facie the prime minister is not an honest man and violated his oath.’

The court recommended the case to the chief justice to form a larger bench to hear the case on January 16.
A Five-member bench of Supreme Court (SC) headed by Justice Asif Saeed Khosa resumed the hearing of the case pertaining to the implementation of National Reconciliation Ordinance (NRO) verdict today.

Syndicated from: United4justice’s Weblog

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Democratic Centralization vs Rule of Law based Decentralization

Posted on 08 January 2012 by Tea Server

Our political dynamics are changing drastically with new players emerging and old players losing their positions. We are also seeing a power struggle between so called Rightists vs Leftists or Seculars vs Theocrats and somewhere there are parties which place themselves in-between. People are even talking about Judicial Martial Law.

But over all out look shows that the focus is on putting together a centralized system with some aspects of democracy. Our feudal culture, history of martial laws and domination of state institutions have restricted our minds to run things from centre with iron fist or authoritarian ways.

What is lacking in this approach is the realization of our diversity in the society. We are a country with diversified ethnic, sectarian and other social classes. Many of us cite China as an example and consider their Democratic Centralization as an ideal concept for Pakistan. We need to know that China has a dominant socialist ideology and their culture is pretty much same throughout China. They have a civilization which can be called as a Chinese Civilization. On the other hand Pakistan doesn’t have a single Pakistani Civilization. Pakistan is on the meeting point of several civilizations on both sides of Indus and which show different cultural and demographic colors if we move from Karachi to K2.

We cannot have a same system for Karachi and FATA or Islamabad and Dera Bugti. Attempts were made by Military dictators like Zia, Musharraf and Ayub who tried to implement their personal ideologies on the whole country and ending up creating a mess. Similarly civilian feudal-corporatists also tried to implement their vision on the whole country and again added to the mess. Even those who talk about liberalism have their own sectarian, ethnic and social class prejudices backing their ideals.

We need a decentralized system where federal government has minimum authority to run defense, dispute resolution and few other things. Even with them a concept of voluntary involvement and local considerations need to be taken into account. We need a system where decision making is brought to the local level which will also ensure merit among different localities selecting their leaders. It is unfair for those who don’t elect a corrupt government but they also have to the face bad consequences of its actions. To keep things in tact we can have a constitutional setup where rules of engagements should be mentioned between different constituents of the country. In short we need a “Rule of Law based Decentralization”.

This decentralization should be in Governance, Legislation and Economics. This is not something impractical; we can see some colors of it in countries like United States or Australia. Obviously for that we need to consider the ideology which dominated at the time of the creation of the country which is also reflected in the Objective Resolution. If we talk about Islam then “Meesaq e Madina” can show us how Muslims and Jews made an agreement by accepting each other as a reality. Even in a centralized country like China, they had to make adjustments in Xinjiang and Hong Kong. Even Russia has different Republics with some autonomy. In Pakistan’s case Quaid e Azam made agreements with our tribes which resulted in the tribes becoming part of Pakistan. These agreements allowed the tribal people to maintain their autonomy and also accept few fundamental laws of Pakistan. We also need a loose central structure to avoid the class clashes.

At the moment power is concentrated to center and everyone wants to control it either through the power of masses or power of gun. We even cannot afford a democratic system where 90% decides to suppress the remaining 10%. It will create the sense of alienation and hopelessness in the parties not in power and so can result in an undesirable retaliation which can be damaging for all.

We need to come out of the copycat mentality and be genuine in our approach as our problems are genuine and bit different from where we are trying to import the solutions.Mutual existence can only prevail through mutual acceptance of each other as a reality.

Syndicated from: United4justice’s Weblog

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Dr.Baqir Shah: The rewards of honesty

Posted on 02 January 2012 by Tea Server

  You would have to be exceptionally callous to be able to forget the image of a woman being shot in broad daylight; unarmed and seven month’s pregnant. She was amongst the five foreigners, who were shot in Kharotabad by security officials. … Continue reading

Syndicated from: Mystified Justice

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This year’s I-am-still-NOT-over …

Posted on 22 December 2011 by Tea Server

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IRP (Orkut): Orkut, or pricisely IRP is in its death bed, And I am sobbing. I have a choice to stand up, and take a leave. But I don’t “want” to move. I feel home there. It is, in fact, my virtual home. Home with a lot of mirthful moments and equal amount of atrocius ones. Home, where I am myself–good, bad or ugly. Home, that has been a source of constant support in my weak moments. Home, that brings out the 9 year old in me. Home, that takes my stupidity as far as it can go. Home, where many tried to expel me and ludicrously failed. It’s home. Home is your first institution. You learn. You keep learning, till walls come down. I am going to stick around, and let the walls come down.

Schooling best friend : I H.A.T.E. HER. She, to date, holds my-worst-best friend-ever title. She knew the art of putting a gun on your shoulders, taking a shot and letting the target not know it was she, but you. She was the sort who, when going down, oh forget it, even when not going down, makes a point to take you down. She was a personification of Pakistan’s Government. Only crises happens if she happens to be a part of your life. Time that I spent with her, is engraved in my mind. Don’t know why. Or may be I do.

She was my first best friend. First-s are First-s. You just can’t get over your first-s. Be it anything— first cell phone, first salary, first love, first marriage, first child, first etc. You just can’t get over your first-s. Because with first-s, there is a chain of first-s involved. Especially, the feeling, of having– that later-s can not replace or touch on.

School :
Okay— I had a smooth time and good friends when I was graduating. But somehow, those days, haven’t really made a mark in my life. Nothing reminds me of my B.A times. However, at least 15645454 things in a month, happen that conjure up my school memories.

I have lived my high school life to the fullest. It was full of cold-wars between “popular groups” and acts of “belligerency” in breaks. Going out of the way to look good and ending up being a calamitous laughing stock for the whole school (Yeah I had got my hair streaked golden and used to wear blue contact lenses. It’s okay, IMAGINE AND LAUGH). Fretting over what to wear on various events that would take place, and how to stand out from the other girls. Doing stupid things and considering myself KWELL. Giving nightmares to teachers and enjoying it. Messing up with people and having no qualms about it. Being a brat and being proud of it. Living through the most vilest events, dire consequences, enthralling times, savoring moments and what not. My high school life is what you see in those teenage dramas. The good, the bad and the ugly—everything in my high school life, was at its extreme. Perhaps that’s why, despite that if I was given a chance, I would NEVER EVER live it again, everything that happened at high school is still crystal clear on my mind and occupies a larger chunk of my memories, because they all were at their extreme level. Only things that make it to the memory lane, are those which happen at their extreme level. Good, bad or ugly.

Iman ali :
Arz kia hai:

Jalnay walay jaltay rahien gay,
mai sada Iman Ali se milti rahoon gi.

OKAY… Whatever. I have reasons. First, she is not just another good looking model but has a very distinctive face. Secondly, she IS intelligent–a rare find in models. Third, there is an aura of independence and astuteness about it. Forth, she is a self-made lady.

Fifth? meri ek dost thee graduation mai, uss ki ammi ke jab mujay dakha tu bola tha kay mai Iman Ali se milti hon. TADA…

Okay, I like her since my schooling. Because of all 4 reasons mentioned above.
Reading the end first, ALWAYS : Since I have started reading, I read the end first. I like knowing how things are going to turn out. Save me, from heartbreaks.

Tribune : No, it’s NOT for burger kids who don’t have a political sense or enough knowledge of the surroundings. It is for everyone who believes in liberalism, freedom of speech and being updated. Instead of making extra effort to intellectualize and ending up being a bore, most columnists there, talk to the point and in witty manner. Their reporting style is chic and advance. Their business page is smart and innovative. And you feel FRESH just by looking at it, for the paper has the most vibrant face.

The Notebook : Okay for those who like my class mates thought that the film/movie was an exaggeration, like my friends believe that it was too good to be true and everyone I talk about movie say overblown, PUH-LEEZ SHUT UP. Because you have seen the movie and yet not seen it.

It was pretty real. However, exceptional. Exceptional, yes it was. But exceptions doesnt mean that its not reality.
For one, they do get parted. And both for their own reasons. Allie for her urban life style and Noah , for several reasons. First, he had no future in big town, he knew he was meant for small town. Second, somehow he wanted to make things big on his own, and moving with Allie would mean her father’s assistance in every step he would take. Third his self respect and manly ego was badly hurt and utterly shattered. So both for their OWN reasons and OWN sake, do call it quits.

Then Allie comes back to him, because of the void in her life. She had a fiance and all, but he wasnt compatible for fiery , hyper, idealistic, overtly emotional. prone to react over petty matters used to be dependent and suffered from too much attention only child, Allie. What he sees in Lon, is a guy who is well settled and well established. A guy who can provide her a perfect life. ONLY she secretly admits , not perfect love. But still, like any other girl, she shuns all those idealistic and dreamy thoughts and goes for the perfect life. But one event leads to another and one day she finds herself standing outside Noah’s play. It was rather destiny than anything else that she was there.
But even then she tries to fight back the destiny for the luxurious life, like in real life people do. But at some point we all have made decisions, that werent feasible for pragmatic reasons but we DID it, cause we were emotionally convinced and felt personally about them. Like this coat I bought for Rs 5,600.

I hope, my emotional decision to buy the coat would turn out to be the same. And I look wonderful too.

Blogging : I thought, may be, I would eventually quit it. Considering all the hate comments, that I approve with a stone on my heart. But couldn’t. I think it’s to do with my immune system.

Staying up late : I tried. But morns aren’t for me it seems. Morns are for others’. You live for yourself, only in nights.

Nodding and stutter :
I DON’T KNOW WHY. Despite having a persona of over confidence and overtly self assured, I fumble, repeat words and speak too fast. Heaven (if there is one, that is) knows how much I have practiced to speak eloquently and assertively. But ALAS…!!! I already feel bad for Your Honor.

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A New Law for Women

Posted on 13 December 2011 by Tea Server

December 12, 2011, will go down as a historic day for all women in Pakistan: new legislation decrees that hate crimes against women and cultural norms to shackle women will be punishable by law.

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Driving Ms. Daisy, Crazy

Posted on 12 December 2011 by Tea Server



Dear readers, while on my adventure to rejuvenate my rants, I would like to start off with a topic that is not only close to my heart, but also something I regularly experience, at least twice a day….



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Syndicated from: ¿Kiya Bola | What Say?

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Of Life and Death Sentences: Why We Should be Sympathetic

Posted on 15 August 2011 by Tea Server

Is it right to hand down a life sentence for inaction?

Syndicated from: Newsline » Viewpoint

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