Indian president's husband ordered to return land to farmer
Business Recorder 11 February, 2010
New Delhi (February 11 2010): Indian President Pratibha Patil's husband has been asked to return a plot of land he allegedly appropriated from a farmer, news reports said Wednesday. Authorities in the western state of Maharashtra ordered that Devi Singh Shekhawat return the disputed 0.9 hectares in the eastern Amravati district to its rightful owner, farmer Kishore Bansod, the NDTV network reported.
A local administration official in the district's Daryapur area issued the order, following a complaint filed by the farmer in June. In his petition, Bansod, who belongs to the oppressed Dalit community, alleged that Shekhawat and five relatives took possession of the land, situated in a prime location, and had it transferred to their names. Dalits form the lowest rung of India's ancient caste system and were earlier treated as untouchable. Bansod complained after finding that the land's ownership title in the government records had changed.
Wheat scam inquiry: FIR not registered due to 'wheeling/dealing' by FIA officials, accused
Business Recorder 11 February, 2010
ISLAMABAD (February 11 2010): The Federal Investigation Agency (FIA) is said to have completed Trading Corporation of Pakistan (TCP) wheat scam inquiry, which cropped up during the tenure of two former Chairmen, but 'wheeling and dealing' of the accused and FIA officials is lingering the registration of FIR, sources close to Commerce Minister told Business Recorder.
In May 2009, former Director General FIA, Tariq Khosa had sent an initial inquiry report to the federal government unearthing loss of billions to the national exchequer in import and handling of wheat. However, former Secretary Commerce, Suleman Ghani did not disclose the initial inquiry report due to reasons best known to him.
Sources said that the original record of the TCP, sealed by the FIA, has been placed in the lockers of National Bank of Pakistan (NBP), giving two General Managers the authority to operate.
Sources said that a former Commerce Minister from Punjab is trying to save the skin of the top culprit - an income tax official - as the wheat deal materialised during his stay in the office. The ex-TCP chief, Saeed Khan, has been questioned by FIA, but Muhammad Malik, a former director, neither responded to the correspondent nor telephone calls made by the agency.
Sources said that one of the incumbent Directors of the TCP is also playing the role of a middleman to strike a deal between the stevedores and the FIA officials as the private sector is also inseparable part of the scam.
"We have been told a week ago by the FIA that the inquiry has been completed and a formal FIR is being registered against the accused, but nothing has been done so far," sources added.
TCP is fully owned by the federal government and operates under the administrative control of the Commerce Ministry. The principal activity of the corporation is to engage in trading on behalf of the GoP with the prime objective to achieve economy in bulk transactions like securing prices advantage, freight and port handling expenses reduction as well as neutralising effect of high market prices.
Sources said that Senate standing committee on commerce has also constituted a subcommittee, which is expected to summon FIA officials for questioning. The TCP, last summer, also released controversial arrears amounting to a whopping Rs 800 million to a private wheat importing firm in a manner that is seen as irregular.
There were also reports of violation of set procedures in stevedoring and transport operations. Also, the corporation has released large demurrage amounts payable to various wheat importing firms, without conducting due diligence. FIA ex-DG was close to arresting the top culprit for his alleged involvement in procurement of wheat and sugar. Commerce Minister Amin Fahim made commitment on the floor of the House that the ministry would probe the alleged corruption in procurement of wheat, rice and cotton.
PM becomes vulnerable to contempt case in SC
The News 11 February, 2010
ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani has become vulnerable to a possible contempt of court proceedings not only on account of his failure to implement the apex court's decision on the NRO but also for delaying the appointment of judges in violation of the Constitution and the judgment in the Al-Jihad case.
The government's dilly-dallying in the appointment of judges to the superior judiciary will become a violation of the judgment in the Al-Jihad case on Thursday when the 30 days deadline to fill such posts would lapse.
For the appointment of judges to the superior judiciary, the relevant part of the Al-Jihad case reads: "...that permanent vacancies occurring in the offices of chief justices and judges normally should be filled in immediately not later than 30 days but a vacancy occurring before the due date on account of death or for any other reasons, should be filled in within 90 days on permanent basis."
In view of the guidelines set in the Al-Jihad Trust Case, commonly known as the judges case, a vacancy of judge in the Supreme Court that fell vacant on Jan 12 with the retirement of Justice Khalilur Rehman Ramday was to be filled within 30 days. However, the government has yet to do this despite the fact that the chief justice of Pakistan had recommended appointment of LHC judge Justice Saqib Nisar against the same vacancy almost a fortnight before January 12, 2010.
Interestingly, a few days back when the chief justice urged for early appointment of judges to the superior judiciary, the government's reply came from no one else but the former attorney-general and now adviser to the prime minister on information technology Sardar Latif Khosa who said the government was is no hurry to appoint the judges.
Appointment of judges to the LHC and the SHC is also anxiously awaited because of paralysis-like situation faced by these two high courts in particular because of severe shortage of judges. However, the government has yet to make these appointments. The LHC chief justice had recommended appointment of 28 judges on December 1, 2009 but for almost 40 days the file was left unattended with the Punjab governor, who forwarded the summary to the federal government only last week.
Since the extraordinary cleansing of the superior judiciary from the PCO as well as Jiyala judges appointed on Dogar's recommendation, the provincial high courts are in the process of filling vacant positions. However, the federal government is not much enthusiastic to make these appointments despite a lot of hue and cry raised by the lawyers' community, the media and by ordinary litigants.
In the NRO case, Prime Minister Gilani's government is showing a clear contempt to the apex court's order, which unambiguously directs the federal government as: "Since the NRO, 2007 stands declared void ab initio, therefore, any actions taken or suffered under the said law are also non est in law and since the communications addressed by Malik Muhammad Qayyum to various foreign fora/authorities/courts withdrawing requests earlier made by the government of Pakistan for mutual legal assistance; surrendering the status of civil party; abandoning the claims to allegedly laundered moneys lying in foreign countries, including Switzerland, have also been declared by us to be unauthorised and illegal communications and consequently of no legal effect, therefore, it is declared the initial requests for mutual legal assistance; securing the status of civil party and the claims lodged to the allegedly laundered moneys, lying in foreign countries including Switzerland, are declared never to have been withdrawn. Therefore, the federal government and other authorities concerned are ordered to take immediate steps to seek revival of the said requests, claims and status."
Despite the lapse of several weeks, the government has not initiated any action to implement this direction. Instead, Prime Minister Gilani had said it can not be done because of the constitutional immunity enjoyed by the president. Majority of legal experts, however, believe such a statement from the prime minister tantamount to contempt of the Supreme Court order.
Only recently in one of its detailed judgments, authored by Justice Javed Iqbal, the Supreme Court has ruled that persons identified as responsible for non-implementation of judgment can be punished by the Supreme Court for contempt for showing disobedience to its verdict and it is mandatory that all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court under Article 190 of the Constitution.
"Article 190 of the Constitution is a mandatory provision under which there is no alternative for the executive but to act in aid of the Supreme Court. Persons identified as responsible for non-implementation of the judgment can be punished by the Supreme Court for contempt for disobedience of its judgment," the Supreme Court said in its detailed judgment on review petitions filed by the PCO judges, released a fortnight back.
Illegal allotment of public lands: Sindh government fails to identify black sheep in Site Limited
Business Recorder 11 February, 2010
KARACHI (February 11 2010): The Sindh government has failed to identify those black sheep in the Sindh Industrial Trading Estate (Site) Limited who have tarnished the country's image by illegally allotting public lands to a private firm in Site Superhighway.
According to sources, the corrupt officials at the Site Ltd had illegally allotted some 0.25 acres of land meant for service road and sewerage drain, located next to a Japanese Company DTS, to the Newports Institute of Communication and Economics getting heavy bribe.
Japanese investors have expressed strong reservations over such attitude and warned to pull out their billions of dollars investments if such things happen in the future. However, a few officials of the Sindh government and Site Ltd were putting hurdles in taking those elements to task who are involved in this shameful act, they added.
During his visit on January 26, 2010, Japanese Consul General Toshi Kazu Ishi Muara also expressed anger over the illegal allotment of public land to the Newports Institute by the Site Ltd. The Consul General had also warned of taking the issue at the federal level if such irregularities take place in the future.
Japanese investors would pull out their investment and the Japan government would also review giving aid against such incidents, the sources quoted the CG as saying. Muara had also met Sindh Chief Minister Syed Qaim Ali Shah and took up the matter with him. The chief minister constituted a special committee comprising Secretary Industries and Commerce Department Ali Ahmed Lund and Special Secretary Zamir Ahmed Khan to investigate the matter and submit inquiry report within two days so that strict disciplinary action could be taken against them, they said.
However, acting swiftly to give shelter to corrupt officials of the Site Ltd, a notification regarding cancellation of the plot No F/198 was issued to the Newports Institute, they added. The notification read as: "Since it has been revealed that the above plot is actually a road as such allocation of the above plot is hereby cancelled.
Your are, therefore, requested to approach the Estate Engineer, Superhighway, for selection of any other suitable piece of land for your project." A few powerful officials of the Sindh government and Site Ltd used political clout and restrained the honest officials of the industries and commerce department from probing the matter, they said.
Now, Secretary Mines and Minerals Development Department Ajaz Ali Khan has been appointed as Inquiry Officer to probe into the irregularity and submit report to expose the faces of those involved. It is expected that strict disciplinary action would be taken against the corrupt officials of the Site Ltd, sources said.
Is Pakistan a just society? No. Is there good governance, however vaguely defined? Not really. Do all institutions of the state have a duty to nudge society towards becoming more just and state institutions towards delivering better governance?
Dawn 11 February, 2010
Yes. So what Chief Justice Iftikhar Chaudhry had to say on these matters on Tuesday cannot really be quibbled with in substance.
But context is everything sometimes, and the chief justice's claim that state institutions other than the judiciary "have started feeling relaxed as a result whereof good governance is being compromised" will be interpreted as yet another shot across the bow of the executive in the ongoing ‘tussle' between the government and the judiciary.
A section of the media, political class and legal community has already decided who is at fault for that tussle: the government. The Supreme Court Bar Association president Qazi Anwar went as far as to claim that the prime minister's assertion that President Zardari has constitutional immunity amounts to a "serious threat to the system" and that by publicly disagreeing with certain judicial nominations of the chief justice the government is ‘violating' the constitution.
It is unfortunate that the entire edifice of justice has once again been made contingent on the fate of certain individuals.
The NRO posed some challenge to the letter and spirit of the constitution and therefore deserved serious scrutiny. And the ability to apply the law scrupulously (with no pre-judgments) to the head of the state, President Zardari, would demonstrate that the rule of law is indeed being revived.
But the focus, obsession in some quarters, on these narrower concerns threatens to overshadow the other things that are vital to the creation of a more just society and an executive that is held to account.
Where, for example, is the debate about the desperately needed overhaul of the criminal justice system? It's become well known that the state secures convictions in less than 10 per cent of cases, but there has been no movement towards addressing the issue.
From training the police to become better investigators and evidence collectors to pouring more resources into the judiciary to having a better prosecution service, change is needed at every level. And while corruption appears to be on the minds of many, systemic solutions are not. Occasional lip service is paid to a new accountability law, but there has been no serious debate in the media or civil society. The same applies to amending the rules whereby state contracts are handed out. It should be obvious: unless root causes addressed, the situation on the corruption and good governance fronts will not improve significantly.
Cop seeks CJ's help to close private jails run by police
Frontier Post 11 February, 2010
Peshawar (PPI): A head constable of police sought the help of Chief Justice of Pakistan in closing the private jails run by some officials of the police department. Mohammad Iqbal, who is also a serving police constable said his son was recovered from the private jail allegedly run by SHO Yakatoth while alleging that his 17 years old son Bakhtiar was given sever physical torture in the private jail. Mohammad Iqbal said while addressing a press conference that Yakatoot police initially denied the arrest of his son but later charged him in car snatching after judicial bailiff raided the private jail and recovered. Again police changed the initial stance and registered a new FIR under 382 PPC against Bakhtiar showing him involved in motorcycle snatching. He said SHO Yakatoot Abdul Qadir had demanded Rs 50 Thousands for the release of his son and had shifted his son from Yakatot to Bhana Manri Police station from where the boy was shifted to the private jail at Ring Road Dir Colony where he was given sever physical torture. "I had arranged 20 thousand for the release of my son who is a heart patient but the SHO refused to accept to release him. When the judicial bailiff visited the Yakatot Police station the Muharrar showed ignorance of his arrest however when raid was conducted at the private jail then FIR was lodged showing his arrest on February 09," he informed and urged Chief Justice of Pakistan Chief Justice PHC to take sou motto action of the case and provide him justice against the police department where he served for last 37 years.
Accountability Bill to reflect masses' aspirations: Gilani
The Nation 11 February, 2010
ISLAMABAD – Prime Minister Syed Yousuf Raza Gilani on Wednesday assured the National Assembly that the upcoming Accountability Bill would reflect aspirations of the people and point of view of the members belonging to different political parties.
Speaking in the National Assembly, the PM said that they were striving to introduce a consensus Accountability Bill so that no one could complain about victimisation in future. He said that eyes of the people were focused on their elected representatives and it was their responsibility to come up to their expectations. He said that the judiciary and the Armed Forces had their own systems of accountability.
He said the Prime Minister and his Cabinet were answerable to the Parliament, adding, "In addition we also have a Public Accounts Committee headed by Leader of the Opposition in NA to carry out accountability of the Government." The Prime Minister expressed his pleasure that the reports submitted in the House by the Public Accounts Committee were unanimously prepared. He also congratulated Chairman PAC and other members for the reports.
The National Assembly also admitted adjournment motion regarding conviction of Dr Aafia by US court. Taking part in the discussion, JUI-F Chief Maulana Fazlur Rehman said that Aafia had shown the real face of US. He added that she was kidnapped in 2003 and a case was registered against her in 2008.
"She is a PhD but she never tried to get American passport. The Government should now confess that it did not pursue her case, as it should be. According to international law, every prisoner has a right to approach a counsellor but we did not use this right in US and even in Afghanistan," he said.
He said that the US Jury was just like jirga and the US government had advised them to give decision in country's interest. He added that 2 Afghan nationals were the witnesses in her case and the statement of both of them were different from each other. "One says that she was in sitting position when she picked a riffle and fired, while the other says that she fired in standing position. I ask why no one was injured during firing when there were 5 people," Fazl said.
Gilani for effective accountability F.P. Report
Fronter Post 11 February, 2010
ISLAMABAD: Prime Minister Yusuf Raza Gilani Wednesday reiterated to introduce a new accountability law and put in place an effective system of accountability in the country. "The new accountability law would make the process effective because everybody is accountable before the House," he stated in National Assembly on presentation of report of Public Accounts Committee (PAC). "We all need to have consensus on accountability and everybody should be accountable before the House and we hope, the new law will be a consensus law," Gilani added. The Prime Minister congratulated PAC Chairman Chaudhry Nisar Ali Khan and members and described presentation of report 'a historic moment.' He said it is clear in article 91 of the Constitution that everybody is answerable to this House. "I appreciate the work of the Committee. Chairman of the Committee was elected with consensus and this report is also a consensus report and more credible." "We firmly believe in accountability and this report being a consensus report, is more effective," the Prime Minister said and added, spirit behind bringing a consensus accountability law is that everybody owns this law and nobody in future 'would term the action as discrimination.' "We want the new law to be a credible law and according to aspirations of the people of Pakistan," he added. Leader of the Opposition and Chairman Public Accounts Committee, Chaudhry Nisar Ali Khan thanked the Prime Minister as well as all Committee members for making him sail smoothly. "We have presented three reports in one year contrary to the past when PAC reports were not presented to the House even for years," Nisar said. He appreciated the support of members and said, despite that members belonging to different political parties, the report is a consensus report. Nisar informed the House that maximum recovery of misappropriation on recommendations of PAC were Rs five billion in 2007-08. But, our Committee recovered Rs 20 billion only during last one year and during first six months of this year, Rs 11.5 billion have been recovered. "From the very onset, the members of Committee had agreed to two principles that 'wrong doing will be penalized; and decisions will be made with consensus," he said. "This time we have also controlled those departments that were earlier not touched by PAC. During this process we came across certain grey areas on which I shall apprise the House," he said. "We at Committee had upheld that when this House approves money for all institutions including Judiciary and Armed Forces. These institutions must also be held accountable before its Committee," he added.
NAB Okays plea bargain of BoP scam accused
The Nation 11 February, 2010
ISLAMABAD – The Executive Board of National Accountability Bureau (NAB) on Wednesday gave approval to the plea bargain of Sh Afzal, owner of Haris Steel Mills, and 17 other accused of Bank of Punjab scam who had agreed to collectively pay back Rs 8.4 billion.
The board also gave approval to two fresh corruption references, informed the sources privy to the deliberations of the board's meeting.
The case of plea bargain would be presented before the Supreme Court of Pakistan when it would take up the case on Thursday (today). The sources further informed that the Bank of Punjab scam was amounting to Rs 9 billion loan, which the accused had refused to pay back.
The Executive Board meeting of NAB was held under the chair of Chairman NAB Naveed Ahsan while Deputy Chairman NAB Irfan Nadeem, Director General and all the directors were in attendance.
The sources informed that a case of plea bargain deal struck with Sh Afzal and 17 other accused in Bank of Punjab scam was presented for approval before the board. According to the deal struck with the accused, all the accused had agreed to pay back the amount embezzled by them, which collectively stood at Rs 8.4 billion.
The sources informed that another main accused in the case, Hamesh Khan, the former president of Bank of Punjab, Sh Nasir and Shoaib Qureshi were still not in NAB custody as Government of Pakistan was in the process of Hamish Khan's extradition to Pakistan from United States. Hamesh also has the American nationality while the other two accused were still at large and NAB court had declared them proclaimed offenders.
The sources in the meeting further informed that the board meeting also gave approval to the corruption reference against former DG Finance PTA Irfan Ahmad Zubari who was charged with embezzlement of Rs 80.175 million public money.
According to reports, Irfan Ahmad Zubari had opened fake bank accounts in the name of PTA and had transferred the said amount in it from the official accounts.
In the other reference, PTCL Divisional Engineer Hafiz Tariq Saeed was charged with embezzling over Rs 2 million from the department's fund.
FBR starts issuing audit notices to E&P companies
Business Recorder 4 February, 2010
MOHAMMAD ALI KARACHI (February 04 2010): The Federal Board of Revenue (FBR) has started issuing audit notices to E&P and petroleum companies for tax year 2008. Sources told Business Recorder on Wednesday that although the board has closed audit cases for tax year 2008 other than the cases selected through random ballot, the Large Taxpayers Unit (LTU) has started issuing audit notices to E&P and petroleum companies as serious discrepancies were found in their ledgers.
They said that the department has issued audit notices to Occidental Petroleum (Pakistan) Inc, and Occidental Oil & Gas LLC, for tax year 2008. They said the board has issued circular 4(78) ITP/2009, which says, "since random audit selection of cases for tax year 2008 has been held for audit of corporate cases and cases of AOPs, the cases of audits on any other basis of tax year 2008 may be closed".
"However, the cases with proof or evidence of gross irregularities may be intimated to the board for guidelines as to further necessary action". They said the LTU has therefore issued audit notices to the said companies, after being authorised by the board, and anticipated that the department would generate substantial revenue demand after audit.
Sources said the tax collecting authority is striving to collect around Rs 28 billion, being outstanding against petroleum and exploration companies for years. They said the move is aimed at enhancing tax collection during the current fiscal year.
They said that several meetings were convened with the representatives of these companies to settle the issues, including tax rate, depreciation allowance, and decommissioning cost, but the talks remained inconclusive. They said that the exploration companies are demanding to increase the tax rate of minimum income tax (MIT) to 55 percent, despite having undersigned agreement which defined 50 percent as MIT for them.
Moreover, they said, the FBR is taking stern budgetary measures to achieve set mark of Rs 1380 billion for FY 2009-10, successfully, and added that the tax collecting authority is also pondering to cover those areas which had escaped taxes for various reasons.
Zulfiqar Mirza's outburst in Sindh Assembly
The News 4 February, 2010
'Reconciliation hurdle to hanging rogue politicians' Durrani says Nazims need medical check-up; MQM accuses Sindh home minister of plotting Ashura blast By Fasahat Mohiuddin & Imtiaz Ali KARACHI: Relations between the Muttahida Qaumi Movement (MQM) and the Pakistan People's Party (PPP) reached a flashpoint on Tuesday with both parties involved in heated exchanges and hurling allegations at each other.
The war of words began on Tuesday morning during the Sindh Assembly session when first Minister for Local Government Agha Siraj Durrani and then Home Minister Dr Zulfiqar Mirza lashed out at the MQM over KBCA affairs and target killings.
In retaliation, the MQM, after walking out from the Sindh Assembly session and refusing to return, held a press conference at the party headquarters Nine-Zero in the evening where the Rabita Committee strongly condemned the two PPP ministers, particularly Mirza, who, they alleged, had planned the Ashura blast in Karachi late last year.
The home minister, in his hard-hitting speech in the assembly, said that a "Swat-like situation" was developing in the metropolis. He said he had informed the president, the prime minister and the "concerned quarters", who protect the country's borders, about the situation in the city. "A Swat-like situation is developing in Karachi and I would request the Army to move in and take control of it," he said, alleging that "politically-motivated" killings were taking place in the city. "When I imposed Section 144 in Orangi Town following three days of violence there, the killings spread to other areas."
He said had there not been a policy of reconciliation, he would have controlled the law and order situation within three months and "rogue politicians" would have been "hanged". The poor, he said, were being killed. "Why am I, or any MNA or MPA, not being killed in the city if there is a bad law and order situation?" Mirza questioned, terming the killings politically motivated. "Whenever we want to ensure discipline, blackmailing tactics are used against us." He said he could produce reports about the legislators who had extended patronage to criminals.
The home minister added that all the parliamentarians were in the assemblies because of the sacrifice of Benazir Bhutto. "We should understand this and should not squander this opportunity as it might be our last chance," adding that political point-scoring would damage all of us.
He vowed to take action against the "rogue elements" to protect the lives of citizens, without giving consideration to the reconciliation policy. He admitted that the law and order situation was bad and accepted responsibility in this regard.
Earlier, Local Government Minister Agha Siraj Durrani informed the legislature that the CDGK had no right or authority to declare KBCA's approved building plans illegal. He said the government had persuaded investors but the CDGK, without any legal authority, had declared the KBCA's approved plans as illegal on the ground that the KBCA had not given them money.
He said this showed how the CDGK, which is led by the MQM, was legalising things after getting money, which was "totally unacceptable." He said because of the reconciliation policy, the PPP government was giving its share to the CDGK and was providing funds to the defunct KDA. "I ask the CDGK to behave," Durrani warned, adding that Nazims were recruiting people and issuing tenders illegally. "I warn them to behave," he said, adding that Nazims should get a medical check-up and contest the next LB elections.
The MQM attempted to retaliate on the floor of the assembly through Health Minister Dr Sagheer Ahmed and Youth Minister Faisal Sabzwari, but were cut short by Acting Speaker Shehla Raza.
In his brief speech, Dr Sagheer Ahmed said the law and order situation deteriorated in the city last month due to the Ashura blast and gang-war. In his explicit reference to the home minister's statement, he said they condemned the words uttered during the session. Over 150 workers of the MQM had been killed during the last one year, he said, adding "the policy of reconciliation was sabotaged today". Without naming the home minister, the MQM leader said the situation could not be improved by hurling outlandish threats.
Faisal Sabzwari said they were following the reconciliation policy adopted by President Asif Ali Zardari and MQM's Quaid Altaf Hussain. An appropriate forum (Core Committee), he said, was available where the issues could be debated and resolved. "If we are carried away by emotions, reconciliation might not survive."
Acting Speaker Shehla Raza observed that it would have been advisable if the city Nazim had also approached the Core Committee. She said this issue could have been debated in the Core Committee meeting of the coalition parties held on Monday night.
Not being allowed to finish their speeches, the MQM staged a walkout from the assembly. Later, they held a press conference at Nine-Zero, saying there would be no dialogue or reconciliatory process between the PPP and the MQM till the former tendered a proper apology over the provocative statements in the assembly.
The MQM heaped scorn on Mirza and Durrani — particularly the former — who they held responsible for the poor law and order situation in Karachi.
Addressing the press conference, MQM Rabita Committee member Anis Ahmed Kaimkhani said if the PPP failed to tender an apology, the MQM would be free to chalk out its future line of action.
He alleged that Mirza orchestrated the Ashura blast late last year in order to destabilise the city and the country. He contended that Mirza was acting against Pakistan, and urged the chief justice to take note of the actions and words of the Sindh home minister.
He said that the son of PPP MNA Nabil Gabol was arrested by the police on the night before the blast for carrying illegal weapons, but was then released on the direct orders of the home minister.
He warned that if any of the elected members of the MQM was harmed, Mirza would have to face dire consequences. He reiterated the MQM's earlier demand that the Army and intelligence agencies should take charge of law and order in Karachi.
Answering a question, he said the MQM had already registered its protest during the Core Committee meetings against the PPP leaders who were working against the country. He said future relations between the PPP and the MQM would depend on how the former dealt with the black sheep in its rank and file.
Kaimkhani said the chief justice should take suo moto notice of the current situation of Karachi and the MQM would present evidence in this regard. He also lashed out at the deputy speaker. Replying to a question, he said the Rabita Committee would decide whether to participate in the Sindh Assembly session on Wednesday. The Rabita Committee also suggested a "psychological test" of Agha Siraj Durrani.
FP office ignored in blast compensation distribution
Frontier Post 4 February, 2010
F.P. Report LAHORE: Effectees of Rescue 15 blast at Queens Road on 27 May 2009, including The Frontier Post, have been neglected by the Punjab government and compensated only their favorites and those with political strings attached with the PML-N leaders and neglected those really effected of the blast The City District Government had formed two committees comprising EDO Works and EDO buildings to assess the damage caused to the buildings and the shops of the Queen's Road and Lawrence Road, to grant them relief according to their loss but most of the real effectees were ignored. On the other hand the traders of Jail Road, who were at quite a distance from the site of the blast and were not badly affected, were granted heavy amounts as compensation on the basis of better known to the Punjab Government officials. The Frontier Post Office, that was only 50 meter away from the blast was almost fully destroyed with cracks in walls and the roof caved in , windows and door blown away, but the officials turned a blind eye to its losses and no compensation was offered or forthcoming. The officials of Director General Public Relations Lahore along with the damage assessment authorities had visited the office of The Frontier Post Lahore and had estimated at cost of damage to the tune of two Million Rupees. An owner of a car bumper repair shop was granted 7 lakh Rupees and owner of the GG Motors showroom was given 43 lakh rupees against their claim but owner of the PSO petrol pump which was only twenty feet away from the site of the blast and was totally ruined was given only a check of 3.27 lakh Rupees that looks pretty meager for the damage caused to the petrol pump Despite the passage of nine months most effectees who were deliberately neglected on the basis of shallow politics are still waiting for the relief package Those affected by the blast hold the DCO office responsible for this oversight to put it politely. Meanwhile the trader of Queen's Road and Lawrence Road have out rightly rejected the Loss Assessment Report of the committee and have appealed to the Punjab Chief Minister to constitute an inquiry and look into the fraud of the officials.
Kaira for holding judges, generals accountable
The News 3 February, 2010
LAHORE: Minister for Information and Broadcasting Qamar Zaman Kaira on Sunday rejected 'selective trial' of the Pakistan People's Party, and demanded accountability of the judiciary and generals as well, who aided dictatorships in the past.
Talking to the media persons at the Hafizabad Press Club, Kaira said the focus of the accountability process should not be confined only to the PPP, whose leaders had been politically victimised time and again. He said PPP founder Zulfikar Ali Bhutto was victimised and subjected to judicial murder, while party Co-chairman Asif Ali Zardari had also been kept in jail for long years to victimise him politically. He said Zardari spent 11 years in jails, but not a single case was proved against him and now, once again, baseless charges were being levelled against him.
On the other hand, the minister said, the PPP did not file any politically-motivated case against the opponents despite the fact that the party itself remained a target of this sort of victimisation.
Answering a question, Kaira said if the politicians could be taken to task, why the judges and generals couldn't be, who had been conspiring against democratic set-ups in the past. He said if politicians could have been held accountable for their actions since 1970, the judiciary should also be asked for its acts from 2007 onwards.
Kaira said the judges, generals, politicians and all those who played dubious roles in the past should be held accountable for their deeds. He said even those who had remained part and parcel of subverting the Constitution by joining hands with dictators like Ziaul Haq and Musharraf were now raising questions about the delay in the scrapping of the 17th Amendment.
He said the PPP leadership had faced imprisonments and it never felt afraid of the accountability process. He said PML-N Quaid Nawaz Sharif had to make a deal to save his life from a dictator and his return to Pakistan was made possible only after Benazir Bhutto returned to the country after signing the National Reconciliation Ordinance.
He said it was the PPP, which gave the 1973 Constitution to Pakistan and it was again this party which was working to remove amendments to the Constitution made by the dictators. He alleged that baseless propaganda was continuing against the PPP, adding that dictators had ruined Pakistan but the PPP always played a major role in saving the country.
He said Rs 17 billion were being spent on the Benazir Income Support Programme and this amount would also be increased to curb poverty and to benefit the poor population of the country.
Kaira said conspiracies were being hatched against the PPP government but all these conspiracies would be foiled. Inaugurating the newly-constructed press club in Hafizabad, he said the PPP had offered great sacrifices for democracy, but baseless propaganda was being made against it.
"Our leader Benazir Bhutto gave her life for the restoration of democracy. Those who wanted Zulfikar Ali Bhutto to be hanged, now once again are hatching conspiracies against President Asif Ali Zardari."
He urged the PPP workers to unite as they were the strength of the party. APP adds: Federal Minister Qamar Zaman Kaira said the Pakistan People's Party had never felt afraid of accountability and it wanted to have a transparent accountability system for all those who had plundered the national exchequer.
"We have put the country on the right path," and approved the National Finance Commission Award with consensus, he said. He said a poverty survey of the country was being conducted to help the poor by implementing Wasila-e-Haq and through other such initiatives.
He said the issue of loadshedding could not be redressed because of the campaign launched by the opponents of the rental power plants, as there was no other short-term solution of the issue with the government.
The minister said that providing political backing to the armed forces in the fight against terrorism and making the country a peaceful place were among the important achievements of the government.
"We are fighting to eradicate the crop which the thoughtless rulers and their supporters had sown in the past by spilling our blood and misusing the resources of the country." He said many of such people did not have the courage to openly condemn the terrorists.
Qamar Zaman Kaira said that he had never before seen such a courageous President as Asif Ali Zardari, who bravely defended his institutions and the Army in front of the president of the United States during his visit there and thus convinced him to acknowledge the sacrifices the soldiers had rendered in the war against terror.
He said that President Asif Ali Zardari also established a forum of the Friends of Democratic Pakistan and for this he received support from the international community. On the other hand, the Musharraf regime could not get support even of the Muslim states when India began to make military preparations against Pakistan.
Kaira said that it was the vision of President Asif Ali Zardari who had assessed the world economic meltdown well in time and helped the government thwart the crisis that would have confronted the country.
He said that efforts of the government had brought down the inflation rate to 10 per cent, which would be further reduced within a month. He said that increase in wheat prices by the government had helped raise its output and made the country surplus in food, rather than forcing it to import wheat.
He said that arrangements were also made to purchase paddy but because of the existing structure the government was not able to attain 100 per cent results.He promised to get approval of grant for the Hafizabad Press Club from the prime minister and help set up a passport office in the city.
The minister said he would discuss with the Punjab government the proposal for constructing the Gujranwala- Hafizabad Road.He said the journalists of Hafizabad would be provided opportunity to attend media training courses, which the government had launched for journalists.
PM consults Nawaz on new accountability law
The News 3 February, 2010
ISLAMABAD: Prime Minister Yousuf Raza Gilani has assured Mian Nawaz Sharif that the PML-N's proposals would be accommodated in the proposed accountability law that is likely to be presented in the National Assembly session beginning on January 11.
In a telephonic conservation with Nawaz Sharif on Sunday, the prime minister also reiterated his government commitment to implementing the Charter of Democracy, repealing the 17th Amendment and removing the bar on becoming third time prime minister.
According to informed sources, the focus of his telephonic conservation was the new accountability law. The two leaders also agreed that they would stop their party leaders and workers from hurling allegations on each other. Nawaz Sharif informed the prime minister that the draft of the proposed accountability bill, which was forwarded to him by the federal government as part of consultation on the subject, has been sent back to the government with necessary recommendations. The PML-N leader hoped that the new law would satisfy all shades of opinion.
The prime minister assured Nawaz Sharif that the government would make a comprehensive law acceptable to all, which would fulfil all requirements of accountability. He informed Nawaz Sharif that the constitutional reforms committee was working round the clock and had so far held 40 meetings. From Tuesday onward, the committee will hold meetings on a daily basis to finalise its recommendations.
The prime minister vowed to continue the politics of reconciliation and to take all political forces along on all issues of the national importance. In this connection, he referred to the Aghaz-e-Haqooq-e-Balochistan package and said it was in line with the long-standing demands of the people of the province. He hoped that it would go a long way in mitigating the grievances and removing the sense of deprivation of the people of Balochistan. Nawaz expressed his full support to the package and hoped that it would help address the grievances of the province.
Plush park to be inaugurated amidst serious questions
The News 3 February, 2010
The Shaheed Benazir Bhutto Park in Clifton, which is meant to be inaugurated today (Monday) has set new heights in terms of cost and material procurement, costing a whopping Rs877 million – dwarfing even the massive Bagh-ibn Qasim, which cost some Rs700 million.
However, many questions have been raised in the project and the man running the show. For one, sources told The News, the public park has been expanded and constructed almost exclusively using imported material, which could easily have been bought for cheaper rates from local manufacturers. As a result, not only has the cost burgeoned, but the massive amount of money spent on the project has also not benefited local producers.
The department executing the project, the Parks and Horticulture Department (P&HD) of the city government, has, it is alleged, used highly expensive imported material to develop, renovate and to expand the Benazir Bhutto Shaheed Park in place of a smaller park that had already existed there.
Sources also alleged that favoritism and nepotism is also rife in the project. The son of a former District Coordination Officer (DCO), Karachi, has been given the charge to supply the exorbitantly-priced canopies, which are being imported from China through his front men, sources said.
The number of canopies used in the park number from six to eight. The largest canopy installed at the park has been purchased by the department for a whopping Rs14 million, sources claimed. The canopies being flown in from China are also coming complete with pillars and benches. Aside from the canopies, even the wooden floor that is being installed at some points at the park is also being imported, the sources further alleged.
"There are some local companies which could manufacture canopies according to required designed and material if needed at a much cheaper rate in comparison with the imported ones," sources alleged.
The man holding the reigns of this project is Executive Director, Directorate of Parks and Horticulture Department (P&HD), Liaquat Ali Khan, City District Government Karachi (CDGK), who, sources claim, has been enjoying free hand in such matters for a long time now. He has been the man of choice of higher authorities to develop a number of similar projects.
They claimed that the Executive Director Parks has even managed to escape intensive audit on more than one occasion.
Moreover, in this regard, the Sindh Public Procurement Regulation Authority (SPPRA), in a letter addressed to DCO Karachi Jawed Hanif Khan has also pointed out a violation of the Public Procurement Rules 2004 by the P&HD.
In this letter dated October 19, 2009, it is stated that Executive Director, P&HD, Liaquat Ali Khan continued non-compliance and showed total disregard of directives regarding supply of information relating to all procurement made by his office in the last three years.
"In this regard, the Transparency International Pakistan has also taken up the issue but still the officer has failed to provide the requisite details," the letter further added.
According to the letter, the provisions of the Rule-47 of the Public Procurement Rules, 2004, require that an officer is bound to provide all information relating to procurement. The letter added that he is also required to announce results of bid evaluation in the form of a report giving justification for the acceptance or rejection of bids at least 10 days prior to the award of procurement contract and same has to be sent to the authority for posting on its website.
The letter further said that the Assistant Director, Local Fund Audit, CDGK vide letter Audit Requisition No.1 dated 29th September, 2009, has also categorically stressed to all the officers of the CDGK that the Sindh Public Procurement Rules are applicable to all procurements made by the CDGK and any contravention of the rules would be termed 'Mis-procurement'.
Therefore, the executive director P&HD may be directed to provide relevant procurement details of the last here years latest by October 29th, 2009, to this authority, the letter said.
Executive Director P&HD, Liaquat Ali Khan, when contacted, rejected all the allegations raised in the story.
He said that the mentioned Public Procurement Rules don't apply to the projects which are being materialized by his department (contrary to what the letter stated).
"We are working as per the Sindh Local Government Ordinance (SLGO) 2001 and AG Sindh verifies the facts before release of the funds for any of our projects," he said.
He said that he has also conveyed his stand on this issue to the authority concerned. He said that he was fulfilling all the formalities and obeying all the laws and procedures in the materialisation of projects by his department.
He also categorically denied the involvement of any former DCO's son in the supply of canopies from China. However, he confirmed that four to five different types of imported canopies are being installed at the park. But at the same time, he clarified, there is no canopy at the park worth Rs14 million.
Defending the importing of materials, he said that imported canopies are being used at the park as the required material is not available locally. He said these canopies have been made with sandstone.
He said the entire cost of the project is Rs877 million and the park spans over an area of 152 acres.
"I invite everybody whoever has reservations about the cost of the project to build a park with this mentioned amount but nobody would be able to do it," he claimed.
Khan said that, previously, this park spanned over 30 acres of land which has been expanded over an area of 152 acres of land now.
He said as per directives of authorities concerned the park would be inaugurated on January 4 (today).
50 years of Islamabad: failures overshadow achievements
Dawn 3 February, 2010
The city managers are celebrating the Golden Jubilee of Islamabad claiming that the federal capital is one of the best cities in the country in terms of civic facilities. However, those who know about the capital and its master plan are quite disappointed and have different views about what has been done and what still is required to be done.
Ironically, even after 50 years of its establishment half of Islamabad is yet to be developed as more than half of its residential sectors in the urban area could not be developed due to certain reasons.
People are still facing acute water scarcity in the city which aggravates in summer and the sewerage system has also become obsolete. The rate of pollution has increased manifolds mainly due to reckless cutting of trees marring the green image of the city. On the other hand, a number of basic civic amenities are not available to the masses.
According to old CDA officials, who had contributed their role in building the capital and now are living retired life, the development of the city continued till the '80s after which there was a long pause for almost two decades till Kamran Lashari assumed the charge of chairman CDA in 2003. But even in his tenure, which many people consider as the 'golden era' of CDA, no new sector was developed and many basic civic amenities were ignored at the cost of projects which won apparent promotion and applaud for Mr Lashari without addressing basic problems of the citizens like provision of adequate water, better sewerage system, cleanliness and the much-required transport service.
SECTORAL DEVELOPMENT: The last residential sector devel oped in Islamabad was F-11 that was opened 23 years ago in 1987 and since then no residential sector has been given to the people increasing housing backlog to over 350,000 units. Some of the sectors were opened by the CDA and the ministry of housing but they are yet to be developed and housing has not been started. On the other hand, the menace of encroachment has remained on the rise during the last 50 years and many sectors could not be de veloped due to non-acquisition of land and removal of illegal occupants from sectors like G-12 and F-12. This indicates the helplessness of CDA to acquire these sectors for housing. Now such sectors have become a stigma on the per formance of the CDA and a challenge to its writ.
The CDA had announced Sector D-12 in 1987 but it is yet to be developed completely and the authority is going to inaugurate the sector on January 4 despite the fact that over 250 kanals of its land is still under adverse possession. Many town planners believe that without going into joint venture with the private sector the CDA cannot acquire the stalled sectors.
Recently, the authority made the first ever joint venture with a cooperative housing society and managed to acquire 54 acres of land called northern strip, a commercial area in E11. But the joint venture was challenged in the Supreme Court which is conducting hearing on it. The au thority has certain limits to give compensation of land to the landholders but private firms can go beyond the limits and settle the issue on case-to-case basis. Many other sectors like F-13, F-14, F16, D-13, D14, D-15, C-14, C-15 and C-16 also require joint ventures for development to meet the accommodation requirements of the citizens.
WATER SHORTAGE: The CDA had planned to draw water from Tarbela Dam at a cost of over Rs47 billion to cater to the need of the twin cities of Rawalpindi and Islamabad. But the project was rejected by the government. The authority also planned to replace the rusty underground water distribution network to save wastage of water before it is received at the users' end but the plan is yet to be implemented.
NO BUS SERVICE: Islamabad may be the first federal capital which lacks a bus service causing abundance of cars on roads and putting commuters at the mercy of private wagon and cab drivers.
NO CENIMA: The capital city has no cinema and its planners have not considered it an important issue to provide entertainment to the residents.
VIOLATION OF MASTER PLAN: Although the master plan is not a sacrosanct document as stated by the CDA chairman Imtiaz Inayat Elahi but till no amendment is made to it, anything against it is a violation of CDA rules. During the last 50 years, a number of gross violations have taken place but the CDA always behaved like a silent spectator. Establishment of Jinnah Convention Centre and McDonald's in F-9 Park were some of the violations of the master plan.
the city managers are celebrat- ing the golden jubilee of islamabad claiming that the feder- al capital is one of the best cities in the country in terms of civic fa- cilities. however, those who know about the capital and its master plan are quite disappointed and have different views about what has been done and what still is re- quired to be done. ironically, even after 50 years of its establishment half of islamabad is yet to be developed as more than half of its residential sectors in the urban area could not be developed due to certain reasons. people are still facing acute wa- ter scarcity in the city which aggra- vates in summer and the sewerage system has also become obsolete. the rate of pollution has increased manifolds mainly due to reckless cutting of trees marring the green image of the city. on the other hand, a number of basic civic amen- ities are not available to the masses. according to old cda officials, who had contributed their role in building the capital and now are living retired life, the develop- ment of the city continued till the '80s after which there was a long pause for almost two decades till kamran lashari assumed the charge of chairman cda in 2003. but even in his tenure, which many people consider as the 'golden era' of cda, no new sector was devel- oped and many basic civic ameni- ties were ignored at the cost of projects which won apparent pro- motion and applaud for mr lashari without addressing basic problems of the citizens like provi- sion of adequate water, better sew- erage system, cleanliness and the much-required transport service. sectoral development: the last residential sector devel- oped in islamabad was f-11 that was opened 23 years ago in 1987 and since then no residential sec- tor has been given to the people increasing housing backlog to over 350,000 units. some of the sectors were opened by the cda and the ministry of housing but they are yet to be developed and housing has not been started. on the other hand, the men- ace of encroachment has remained on the rise during the last 50 years and many sec- tors could not be de- veloped due to non-acquisition of land and removal of illegal occu- pants from sectors like g-12 and f-12. this indicates the helpless- ness of cda to acquire these sec- tors for housing. now such sectors have become a stigma on the per- formance of the cda and a chal- lenge to its writ. the cda had announced sector d-12 in 1987 but it is yet to be de- veloped completely and the author- ity is going to inaugurate the sector on january 4 despite the fact that over 250 kanals of its land is still under ad- verse possession. many town planners believe that without going into joint venture with the private sector the cda cannot acquire the stal- led sectors. recently, the authori- ty made the first ever joint venture with a cooperative housing society and managed to ac- quire 54 acres of land called north- ern strip, a commercial area in e- 11. but the joint venture was chal- lenged in the supreme court which is conducting hearing on it. the au- thority has certain limits to give compensation of land to the land- holders but private firms can go be- yond the limits and settle the issue on case-to-case basis. many other sectors like f-13, f-14, f16, d-13, d- 14, d-15, c-14, c-15 and c-16 also re- quire joint ventures for develop- ment to meet the accommodation requirements of the citizens. water shortage: the cda had planned to draw water from tarbela dam at a cost of over rs47 billion to cater to the need of the twin cities of rawalpindi and islamabad. but the project was re- jected by the government. the au- thority also planned to replace the rusty underground water distribu- tion network to save wastage of water before it is received at the users' end but the plan is yet to be implemented. no bus service: islamabad may be the first federal capital which lacks a bus service causing abundance of cars on roads and putting commuters at the mercy of private wagon and cab drivers. no cenima: the capital city has no cinema and its planners have not considered it an impor- tant issue to provide entertain- ment to the residents. violation of master plan: although the master plan is not a sacrosanct document as stated by the cda chairman imtiaz inayat elahi but till no amendment is made to it, any- thing against it is a violation of cda rules. during the last 50 years, a number of gross viola- tions have taken place but the cda always behaved like a silent spectator. establishment of jinnah convention centre and mcdonald's in f-9 park were some of the violations of the mas- ter plan.
Commerce ministry scam: Minister's name used without his consent
Business Recorder 4 February, 2010
ISLAMABAD (January 04 2010): On the alleged recommendations of Commerce Minister Amin Fahim, import of 10 million tons of used lubrication oil was allowed, while the item is banned, according to the Trade Policy, and is extremely dangerous for vehicle engines, sources told Business Recorder.
However, after intensive investigation, this scribe reached the conclusion that the Commerce Minister was not involved in this scam, and his name had been used without his consent, or knowledge. This scam was unearthed a couple of months ago when an authorisation letter was issued with the approval of an Additional Secretary, who was the officer in charge, in the absence of former Commerce Secretary Suleman Ghani.
"Neither the former Secretary nor the incumbent Secretary Zafar Mahmood was aware of this scam, as this happened before the latter joined the Commerce Ministry," said one official. Sources said that an authorised Director to the Commerce Minister, Farhan Junejo, forwarded a letter to the concerned section of the Ministry, which said: "Commerce Minister is pleased to direct that authorisation letter may be issued for import of 10 million MT of used lubrication oil".
Junejo also handles the affairs of Trading Corporation of Pakistan (TCP), Trade Development Authority of Pakistan (TDAP), and profit earning insurance companies.
Earlier, two cases, where blatant 'influence' is alleged to have been employed by the Director, had been brought to the notice of top officials of the Commerce Ministry.
First was about use of abusive language against an official from TDAP, who had queried about his demand of Rs 0.5 million to reportedly purchase gifts for the Commerce Minister during a foreign tour. When the TDAP officer refused to obey the Director's verbal 'orders,' he threatened to hand him over to the police. "Police were called, but the police officer refused to take action by asserting that it was not a police matter," the insider added.
Second: the Director insisted on special permission to Aamir Brothers, Peshawar, to export the remaining quantity of urea/fertiliser ie 9,420 metric tonnes, to Afghanistan. This request was also turned down. According to sources, the Commerce Ministry responded in the following way: (i) The applicant registered a contract for export of 10,000 metric tonnes of urea/fertiliser with the Export Promotion Bureau (now TDAP) on May 13, 2002 as per policy in vogue at that time; (ii) as per the contract, applicant Aamir Brothers, was able to export only 580 metric tonnes of urea/fertiliser, before the policy was amended and export of urea was banned; (iii) applicant went into appeal in the Peshawar High Court to allow the remaining quantity of urea, but later on the petition was withdrawn on May 13, 2009; (iv) In 2004, the government changed the condition of export policy and approval of the ECC on case by case basis was made mandatory. The same policy is continuing to-date; and (v) case was earlier examined on a couple of occasions and was regretted on the following three grounds: (a) As per terms of contract registration, the validity period of the contract registration was 21 days, ie shipment must take place within 21 days. In the instant case, the applicant got registered its contract with the EPB for export of 10,000 metric tonnes urea on May 3, 2002, which was valid up to June 3, 2002, hence the case is time barred; (b) Export of urea is not allowed except with the prior approval of the ECC of the Cabinet on case by case basis. The decision was taken to maintain supply of urea in the country and to avoid transfer of subsidy to foreign farmers; and (c) Another official told this scribe that most of the officers of the Ministry are being pressurised for illegal demands by the Minister's Director, who still has no posting order despite occupying the office for the last four to five months.
Commerce Secretary also confirmed to Business Recorder that he had directed Junejo not to sign any official papers until he is notified of his posting as Director. However, these instructions are routinely being violated, according to informed sources.
OECD anti-corruption work honoured by international awards
OECD 4 February, 2010
Key participants involved in OECD's work in the global fight against corruption have been honoured by two prestigious bodies, Transparency International in its 2007 Integrity Awards and African investor magazine in its annual African Investor Awards.
Transparency International, the leading international NGO campaigning against corruption, chose Mark Pieth, the chair of OECD's Working Group on Bribery, as one of two recipients of its annual Integrity Awards. Mark, who has led OECD's anti-corruption work since its early stages, teaches criminal law and criminology at the University of Basel in his native Switzerland.
Separately, OECD's Anti-Corruption Division was "Highly Commended" in the 2007 African Investor Awards for its work with South Africa in the global fight against bribery. South Africa became the first African country to sign the OECD Anti-Bribery Convention earlier this year, joining the OECD Working Group on Bribery as its 37th member.
Congratulating both Prof. Pieth and members of the Anti-Corruption Division, OECD Secretary-General Angel Gurría said these awards were a clear signal of support for the international fight against corruption. "Coinciding with the 10th anniversary of the OECD Convention," he said, "these awards are important recognition of the value of our work in this area."
Until the OECD Convention was adopted 10 years ago, Mr. Gurría noted, bribery of foreign public officials was widely accepted as a normal way of doing business in many countries in the world. In recent years, by contrast, there has been growing recognition that corruption undermines democratic institutions and damages the investment climate in developing countries.
In its citation honouring Prof. Pieth, Transparency International said that he "has provided outstanding leadership in fighting corruption on an international scale … not only as a co-founder of the Basel Institute on Governance but as chair of the OECD Working Group on Bribery in International Business Transactions and as a member of the Independent Inquiry Committee into the Iraq Oil-for-Food Programme of the United Nations."
The OECD Anti-Corruption Division serves the OECD Working Group on Bribery, providing analytical and logistical support for its work. In a speech accepting the Africa Investor Award, Anti-Corruption Division Head Patrick Moulette said that this award gave "an important signal that the African business community is willing to take measures to tackle foreign bribery-a crucial step for ensuring an attractive and stable African investment climate."
Only Parliament can impeach President: Aitzaz
Business Recorder 2 February, 2010
Former Supreme Court Bar President Aitzaz Ahsan said the President of the State could be removed from his office through impeachment at the Parliament despite his ineligibility declared by the Supreme Court, Aaj News reported. Talking to media outside the Supreme Court building Aitzaz said even if the court disqualifies the President the matter will be referred to the parliament. He further told that the President has the immunity from the criminal cases under Artcle-248 of the Constitution.
Recourse to judiciary harmful: experts
Dawn 2 February, 2010
ISLAMABAD, Jan 30: A number of legal experts have cautioned against wasting energy on the debate regarding constitutional immunity for a top office when the remedy to the controversy lies with the people of Pakistan though impeachment by parliament.
It is not a question of any individual or that of (President) Asif Ali Zardari, but a question of supremacy of the Constitution, which being an organic document, must not be interpreted to suit certain interests," said Advocate Athar Minallah, who was a spokesman for Chief Justice Iftikhar Mohammad Chaudhry when the latter was forcibly removed by former president Pervez Musharraf.
People who wanted to see the judicia ry strengthened should refrain from dragging issues having political fallout in courts because a situation like this tended to make the judiciary controversial, he added.
Advocate Tariq Mehmood, who was in the forefront of lawyers' movement for reinstatement of the chief justice, conceded that immunity had been sought by Gen Musharraf for forwarding a reference against the top adjudicator on misconduct to the Supreme Judicial Council, but the Supreme Court had rejected it on the grounds that whatever treatment meted out to the chief justice then was not of a criminal nature and, therefore, no protection was available.
The Supreme Court in its July 20, 2007, verdict restoring the chief justice to his office, had held that the mode employed by the then president to dismiss the chief justice on March 9, 2007, insulted the Constitution and was clearly mala fide and unsustainable in law and, therefore, impermissible.
Citing Article 248(2) of the Constitution, Advocate Mehmood said he was convinced that no process of any criminal nature could be initiated against the president as long he was sitting in the presidency.
"Even if corruption cases against President Zardari are re-opened, no process could commence to summon him in courts. This also applies even if money laundering cases are re-opened by Swiss courts because then the question of sovereign immunity would come," he said. Mr Mehmood cited an example when Islamabad Secretariat police refrained from registering a criminal case against Gen Musharraf on a charge of detaining judges of the superior courts and their families in their houses till the time he was occupying the top office. It was after the former president's resignation, he added, police registered the case that too on the orders of the capital's lower court.
"Now whenever the former president will return, he may face the charges because the immunity he enjoyed is no more," he explained.
Mr Mehmood also cited a petition recently moved before the Supreme Court by Khalid Khawaja seeking striking down of the protection available to the president under Article 248 of the Constitution. He said the apex court had returned the petition on the grounds that the petitioner had no locus standi and that the apex court was not a proper forum to decide the controversy at this stage.The petitioner later challenged the office order of returning the petition in the same court which is still pending.
Advocate Minallah explained that in constitutional jurisprudence those officeholders who could face the impeachment process were always protected from litigation or immune from being dragged to courts on cases of criminal nature. "Let us assume a declaration comes from the Supreme Court that the president is ineligible to hold the office or convicted by any court, Article 47 of the Constitution will still apply and unless impeached by parliament the president will still be considered to be the holder of the high office." Article 47 (1) of the Constitution says: "Notwithstanding, anything contained in the Constitution, the president may, in accordance with the provisions of this article, be removed from the office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct." The Constitution and the authority of parliament have to prevail at all cost as the offices elected by the people through their chosen representatives should be removed through the constitutional means.
Advocate Salman Akram Raja, who recently pleaded against the controversial NRO before the Supreme Court, said the president enjoyed complete immunity from all kind of criminal cases and that the July 20 judgment did not affect.