Islamabad High Court Order in Contempt of Court Case Against ARY Salman Iqbal etc - June 13, 2014

Islamabad High Court Order in Contempt of Court Case Against ARY, Salman Iqbal etc - June 13, 2014:
This criminal original has been preferred by District  Bar Association Islamabad through its \President Mr. Naseer Ahmed Kiani advocate, feeling aggrieved of programme "Khara Sach" aire dfrom 22nd to 31st May, 2014 on ARY Channel through which naked, unprecendented, polluted and malicious campaign has been launched against the institution of Judiciary, by focusing some of honourable Judges, which according to the petitioner is besides the code of conduct of PEMRA, to which all the channels undertook to abide by at the time of issuance of licences.

2. Learned counsel for the petitioner submitted that it is a matter of record that differenct institutions have been targeted by differenct channels, but unfortunately persons involved in spreading hatred against the institutions have neither been booked in any case nor any restriction has been imposed to check their unlawful acts.

3. Learned counsel further submitted that Mr. Mubasher Luqman while conducting programme on Dunya TV Channel was caught red handed while asking for irrelevant consideration and due to that stinking act, he was expelled from Dunya TV Channel but through efforts of some hidden hands, he was accommodated by ARY channel. The malicious campaign against the institution of  Judiciary crossed all the limits but the regulatory authority took no action to stop this malicious campaign.

4. The learned cousel added that the institution of Judiciary and Bar always respected the elecronic and print media but unfortunately very few in number amongst the journlaists are bringing bad name to the journalism and therefore their own vested interests are bent upon to attack the institution. This situation may constrained the legal fraternity to ask this court and federal government to constitute a commission to probe about the assests of the anchor persons and their families, sources to which their properties raised, foreign countries in which they are in contact, money which they received from difference sources and gifts which they accept, fleet of cars, vehicles which they keep, foreign tours and the hotels in which they live, shopping made on whose expense and also to ask about the tax they pay and to know that they live beyond their means. It can also be questioned that what type of gifts reach to their houses from different embassies and from other persons, which are the channels and anchors who are on pay roll of the land mafia and are found watching its interests in consideration of plots which they took.

5. Since the programme aired from 22nd to 31st May, 2014, apparently is an attack on the institution of Judiciary which prima facie, constitutes an offence of contempt of court, therefore, notices be issued to Mr. Salman Iqbal CEO ARY News Channel, Mr. Mubashir Luqma Anchor person ARY, Acting Chairman PEMRA and Secretary Ministry of Information to appear before the Court and explain that why this contemptuous act committed continuously and why no action has been taken by the Regulatory authority?

6. Chairman PEMRA further directed to produce CDs of programme "Khara Sach" from 22nd to 31 May, 2014 and also of 12th of June 2014, as through latter programme another order of this court dated 11-06-2014 has not only been frustrated but ridiculed as well.

7. Let instant matter be posted for any date in the first week of July 2014.

Judge ..... Justice Shaukat Aziz Siddqui

Geo/Hamid Mir-ISI standoff - PILDAT releases monitor on Civil Military Relations in Pakistan - May 2014

Monitor

Civil Military Relations in Pakistan

May 1, 2014 to May 31, 2014

This Monitor of Civil-Military Relations covers the period between May 01- 31, 2014 and analyses the key issues affecting civil-military relations in Pakistan during this time.

Civil-Military & Media Relations

The civil-military and media relations continued to be tumultuous in May. The relations that soured after an attack on Mr. Hamid Mir1 continued to cast a long shadow on civil-military relations in Pakistan. The fiasco created by the PEMRA meeting and its legality or illegality for suspending the licences of three television channels owned by the Geo TV network2 further intensified the perception that the Government did not see eye-to-eye with the Military on the issue of the petition by the Ministry of Defence. While the petition against the network remains with the PEMRA, various officials of the Government including the President and the Prime Minister continued to take a public position that it was against the suspension or closure of any media house. Prime Minister Nawaz Sharif addressing a conference in UK said that the Government, Media and Army must work together for the country to take Pakistan out of the multifarious and serious crises facing the motherland. "We all have to join hands to move forward. Be it the media or Pakistan's armed forces, the government or the security institutions, we all will have to work together. Pakistan is surrounded by crises and we have tried to put it back on track since coming to power," he said.3 On May 27,the Geo TV network and Jang Media Group tendered a public apology to the Armed Forces and Inter-Services Intelligence for hurling allegations against the D.G. ISI Lt. Gen. Zaheer-ul-Islam.In a statement, the Group said that "After serious retrospection, editorial debates, feedback and engagement with all parties, directly and indirectly, we have concluded that our coverage immediately after the tragic and unnerving attack on Hamid Mir on April 19 was excessive, distressful and emotional. The group accepted that the coverage of the incident was misleading, disproportionate and inappropriate giving impression of a campaign," although it followed current media practices, including the version of the Armed Forces with the photo of DG ISPR televised repeatedly. The group apologised to the D.G. ISI Lt. Gen. Zaheer-ul-Islam, his family, Pakistan Army and large number of television viewers for causing deep hurt.4 This appeared to be a positive step towards the restoration of Media-Military relations but the issue remains far from resolved.

Statements by Sitting Ministers

Despite a murky history of sour civil-military relations in Pakistan pointing to the critical need of utilising institutional and formal channels of communication on policy areas, it appears that the PML-N Government, or at least some of its Ministers have not learnt the value of this important lesson. Some of the Government Ministers continued to use news media - an extremely informal channel - to air views point to the growing stresses in civil military relations again. Insinuating that Mr. Imran Khan was following the diktats of the "establishment" in taking anti-Government and anti-Geo position and that attempts were being made to pit media against the Army and the Army against the politicians. An example in this regard include RanaSanaullah Khan, Law Minister Punjab, in a press talk termed Imran Khan as a toy in the hands of the 'establishment.' He said, "Establishment Khan gheirjamhooriquowatokaaala-e-kaar ban gayayhain5." While these may be valid concerns of the Government but airing these in public is in neither taking the State towards the solution of these nor towards the stability that we require. Government has formal channels and institutions available to it to voice issues and grievances. Those are the channels that must be effectively and regularly utilised. Often, it appears, parties in Government forget it is them who have been elected to power through popular vote. While the luxury of a knee-jerk reaction may be available to opposition in making public statements, the Government neither has nor should employ this strategy. At the end of the day, the job of a responsible Government is to try to contain and resolve conflict scenarios and not exacerbate those by taking sides, tempting as it may be.

Chief Minister Punjab meets COAS before PM's departure to India

Mr. Mohammad Shahbaz Sharif, Chief Minister of the Punjab, met with the Chief of Army Staff General Raheel Sharif on May 26, 2014. While the meeting details were not officially disclosed, the media reports suggested the meeting had taken place to discuss Prime Minister's visit to India.6 In the constitutional demarcation of roles and powers in Pakistan, provinces and Provincial Chiefs have generally no official business to interact with the Military Chiefs. Perhaps the successive meetings have more to do with the person of the Chief Minister Punjab, younger brother of the Prime Minister, than his official position. If indeed the conversation between the two related to Prime Minister's trip to India, once again, it shows the Government is unwilling or unable to utilise official and formal channels of communication.

COAS Joins Meeting on Karachi Law and Order

The Chief of Army Staff (COAS) joined the Prime Minister in a meeting on Karachi Law and Order situation on May 14, 2014. Under ordinary circumstances, it is not the job of the Military to be part of internal security conversations. It is also not the first time that such a scenario has emerged in Pakistan in which the Military has been asked to join the conversation on internal security. However, as we progress on the road to democracy, and evaluate performance of elected Governments on providing good governance to the people, it is not the Military which should be continually asked to be part of internal security management. While in specific scenarios, it can and should be asked, but without planning and arrangements in place to strengthen the internal security apparatus, i.e., Police and other civil LEAs, the engagement of military in internal security arrangements only points to our worsening capability for internal security. It is also worth remembering the scenario in not so distant past when General AshfaqPervaizKayani, the then-COAS, had held an independent meeting with Karachi businesspersons and then directed the D.G. Rangers to meet the demands of the business community.7

Meeting of Prime Minister and COAS

In May 2014, the Chief of Army Staff General Raheel Sharif met with Prime Minister Mohammad Nawaz Sharif 4 times. In the first meeting on May 08, 2014, the Army Chief briefed the Prime Minister about the security situation in Karachi, Balochistan, Khyber Pakhtunkhwa and FATA. In the second meeting during the month, on May 14, 2014 Karachi law & Order was discussed. The third meeting was held on May 20, 2014 to review security issues. The meeting was attended by Minister for Interior,ChaudhryNisar Ali Khan, MNA, Advisor to PM on Foreign Affairs and National Security Mr.Sartaj Aziz, DG ISI Lt. General Muhammad Zaheer-ul-Islam, Chief of General Staff, Lt. General AshfaqNadeem, DG MO Maj. General Amir Riaz. The fourth meeting was held on May 30, 2014 to review the internal security. The meeting was attended by the Federal Interior Minister ChaudhryNisar Ali Khan, DG ISI Lieutenant General Zaheerul Islam and other higher officials. The meeting was held to review the security situation of FATA and Balochistan.8

Defence Budget Debate by Senate Standing Committee on Defence

A public forum on Defence Budget was held by the Senate Standing Committee on Defence on May 19, 2014. Additional Secretary of the Ministry of Defence briefed the Committee, as well as the Defence Reporters Forum of the news media on details of Pakistan's Defence Budget. A media manual was also prepared and distributed by the Senate Standing Committee on Defence.

References:

1. For details, please see PILDAT Monitor on Civil-Military Relations in Pakistan, April 2014: http://www.pildat.org/Publications/publication/CMR/MonitoronCivil-MilitaryRelation sinPakistan_April012014_April302014.pdf 2. For details, please see Geo's licenses suspended till May 28: PEMRA, The Express Tribune, May 20, 2014: http://tribune.com.pk/story/710817/geos-licenses-suspended-till-may-28th-pemra/ 3. For details, please see Govt, media, army must work together for country: Nawaz, May 02, 2014: http://www.thenews.com.pk/Todays-News-13-30053-Govt-media-army-must-work-together %20-for-country-Nawaz 4. For details, please see Geo, Jang apologise to army, May 27, 2014: http://www.dawn.com/news/1108792/geo-jang-apologise-to-army 5. For details, please see Imran Khan is nothing but a toy: RanaSanaullah, May 20, 2014: http://youtubeproxy.co/browse.php/IrSfsQRY9Rk7BfjT9I_2FstOd_2FdNGDTi_2BEzE8oqG1 Vbmtdxk4FYSE_3D /b25 /fnorefer/ 6. For details, please see Shahbaz Sharif Meets Army Chief To Discuss Pakistan-India Relations, May 24, 2014: http://www.pakistantribune.com.pk/15118/shahbaz-sharif-meets-army-chief-discuss- pakistan-india-relations.html 7. For details, please see Businessmen win Kayani's Support, September 21, 2011: http://tribune.com.pk/story/257765/businessmen-win-kayanis-support/ 8. For details, please see PM Chairs Meeting to Review Security Situation in FATA and Balochistan, May 30, 2014: http://pmo.gov.pk/press_release_detailes.php?pr_id=513

SC Order of March 17 hearing in a 3G related case released at 6:40 A.M. on March 18

IN THE SUPREME COURT OF PAKISTAN

               (Original Jurisdiction)

PRESENT:

MR. JUSTICE JAWWAD S. KHAWAJA

MR. JUSTICE IQBAL HAMEEDUR RAHMAN

MR. JUSTICE MUSHIR ALAM

Constitution Petition No.26 of 2013

Khurram Shahzad Chughtai                                    …        Petitioner(s)

                                                            Versus

Federation of Pakistan and others                …        Respondent(s)

For the petitioner(s):              Mr. Ali Raza, ASC

                                                Mr. Tariq Aziz, AOR

For the applicant(s):               Mr. Athar Minallah, ASC (in CMA-7108/13)

On Court’s Notice:                 Mr. Salman Aslam Butt, Attorney General for Pakistan.

For respondent No.1:             Mr. Imran ul Haq Khan, DAG

(M/o IT)                                 Mr. Muhammad Ayub, Dy. Manager (Legal)

For respondent No.2:             Dr. Ismail Shah, Chairman

(PTA)                                      Mr. Tariq Salman, Member (Finance)

                                                Mr. Khurram Siddiqui, Director (Law)

                                                Mr. Munawwar Iqbal, Consultant (Legal)

                                                Mr. Faraz Khan Jadoon, L.O.

For respondent No.3:             Nemo.

(FAB)                                     

For respondent No.4:             Syed Sibt-e-Hassan Gardezi, Acting G.M. (Law)

                                                Mr. Kamran Masood, Manager (F)

On Court’s Notice:                

For Cabinet Division:             Mr. Jamil Ahmed, Sh. S.O.

For M/o Finance:                   Nemo.

Date of hearing                      17.03.2014

ORDER

             We have heard this matter partly. As noted in our previoius order we are anxious that this matter is decided at the earliest and if possible, before the auction of 3G and 4G licences. We are told that previously the date of this auction was fixed as 7^th April, but now it has been postponed to 23^rd April, 2014.

2.         Today, while hearing this petition, we asked the learned Attorney General to show the method of book keeping of the USF and the treatment of the Fund, after the monies of the USF were transferred to the Federal Consolidated Fund (FCF). He stated that the Ministry of Finance would be aware of the book-keeping but today no representative of the said Ministry, conversant with this aspect of the case is present. He shall, therefore, ensure presence of a fully conversant functionary of the Ministry of Finance to be present in Court tomorrow i.e. 18^th March, 2014.

3.         Additionally, it will be the office of the Auditor General and the Accountant General of Pakistan Revenue (AGPR), who will be fully aware of the rules applicable to the FCF.  Mr. Athar Minallah, learned ASC states that the Auditor General has already determined and prepared the Manual of Accounting Principles in exercise of powers under Article 170 of the Constitution in respect of the FCF. This will help in determining the status/constitutionality of the transfer of USF funds from the National Bank and eight other scheduled Banks to the FCF. The office shall issue notice to the Auditor General and to the AGPR Islamabad who may depute officers of their relevant departments conversant with the Manual of Accounting Principles as well as the manner in which the USF and the FCF are maintained and audited according to such Manual.

4.         Today, we were also informed by Mr. Kamran, Manager (Finance), USF that prior to the amendment in the USF Rules made in 2013, the USF was earning interest/profit on the funds. In the financial year ending 30^th June, 2013 a sum of rupees 5.6 billion was earned by the USF as income on the monies of the fund deposited with the National Bank and other scheduled Banks. The Manager (Finance) stated that after the transfer of monies of USF to the FCF not a single rupee has been earned on the sums belonging to the USF.

5.         The learned Attorney General for Pakistan submitted that the fundamental issue in this case will revolve around whether or not the monies in the USF can be transferred to the Federal Consolidated Fund (FCF). He stated that even if it is held that the monies in the USF cannot be transferred to the FCF, the fact remains that the investments of USF could have yielded a much higher return than the sum of rupees 5.6 billion as noted above.

6.         Let this matter come up for hearing as a part-heard case on 18^th March, 2014.

JUDGE

JUDGE

JUDGE

Islamabad

17^th March, 2014

M. Azhar Malik

News Analysis

Ahmad Noorani

ISLAMABAD: The unending grisly terrorist attacks carried out and claimed by the Tehreek-e-Taliban Pakistan (TTP) that were intensified by many folds during the peace talks came to a grinding halt right after the airstrikes of late night February 19 on its hideouts, resulting in considerable peace over the past ten days.

Only one terrorist incident took place in Kohat while another attempt on Iran Consulate in Peshawar was foiled.

Interestingly, Taliban have not only stopped terrorist attacks after Pakistan’s armed forces started targeting terrorists’ safe heavens mostly through air strikes but even the banned outfit announced ceasefire simply one day after the interior minister announced on the floor of the house that operation against terrorists will be carried out but its launch will take another one to two weeks.

When nation was asking Taliban for dialogue and federal and provincial governments and all institutions almost bow on their knees and begged for finding out solutions through dialogue instead of fighting and by avoiding bloodshed, the militant organization intensified its terrorist activities across the country apparently to have ‘a position of strength’ on the negotiation table.

Horribly Taliban spokesman use to appear on cameras and accept responsibility of killing of dozens of innocent Pakistanis while so-called negotiation committees were busy in dialogue process. The claim of Taliban - that they were intensifying their killing spree even during the negotiation process as Pakistan’s security forces were killing their prisoners - was proved false as till this moment the organization has been failed to present even a single evidence to establish that any of its detained militants was killed. According to Taliban claim, 15 of their detained activists were killed and their dead bodies were thrown in Noshehra by security forces. However, not only all security institutions forcefully rejected the allegation but same was also proved untrue as no such incident was ever happened in this KPK city.

Federal government, majority of politicians, sincere security officials, journalists and country’s intelligentsia openly supported dialogue process so country may be saved from more bloodshed. Some of these circles continued pressing for the dialogue option even when Taliban started killing people ruthlessly during the dialogue process and argued that if all issues are resolved through talks, country may be saved from a long era of infighting and bloodshed. However, Taliban take this as their strength and weakness of the state of Pakistan and its institutions and intensified terrorist attack across the country which let down the forces who were continuously pressing for peaceful solution. There came a time when it was established that further pressing for the talks option will only mean to further strengthen the barbaric terrorists and encourage killing or beheading more innocent.

The events of last peaceful ten days have established at least one fact beyond any doubt that Tehreek-e-Taliban Pakistan (TTP) don’t take negotiations or talsk seriously and consider ‘use of force’ as something substantial. The militant organization is known for buying time in the name of negotiations and a tool for buying time to fulfil its final agenda of complete takeover.

Some religious factions of society who had a soft corner for the banned terrorist organization claiming that it demands for enforcement of Sharia also become aware of real facts after Taliban came on record declaring that ‘enforcement of Sharia’ was not their demand and their major demand is release of their prisoners and withdrawal of army from areas presently in their strong hold. The strategies adopted by the Taliban during peace talks and after launch of limited air strikes against its hideouts clearly apparently implies that latest moves are an attempt to avoid complete collapse of its organizational setup at a time when government and the armed forces are all set to eliminate terrorists from all parts of the country to create a peaceful environment and bring an end to the around two decades of bloodshed in mosques, imam barghas, roads, government offices, security institutions’ offices and  public places of the country.

A recent genuine video in which Taliban are playing football with slaughtered five heads of Pakistan’s security officials has created big distances between nation and advocates of negotiations. Keeping aside killing of 23 FC soldiers, whom dead bodies are not even handed over to their families till this moment, latest killing of 15 FC soldiers on the day of announcement of ceasefire has made strategy of militant organization more clear.

Though Taliban carried out many attacks during the negotiation process but the attack on the Sindh Police which killed 14 policemen in the third week of February and admitting responsibility of beheading 23 FC soldiers by Shahidullah Shahid, central spokesman of TTP disheartened all advocates of talks and after long time nation got rid of confusion and decided in principle to eliminate terrorists by use of force. Though there are forces which are spreading confusions but credible sources confirm now no new tactic of militant organization will be considered seriously and talks option will only move forward smoothly if Taliban will give up militancy. (ends)