Pakistan Cyber Eagles

The Supreme Court of Pakistan

The Supreme Court of Pakistan on Friday declared a joint venture of Capital Development Authority (CDA) and a multi professional firm in Islambad's Sector E-11 null and void and ordered board of CDA to complete the project. A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry announced the verdict. The CJ took suo moto notice of this 54-acre land scam.

The Supreme Court of Pakistan ordered the chairman of CDA to call a board meeting in this regard and report after a month. The court has authorized the Multi Professional Organization to submit claim about the money which it has invested in the project.

Pakistan Cyber Force

Follow PCF on Facebook
Follow PCF on Twitter

Tuesday, 12 April 2011

Supreme Court orders HEC to continue operation

The Supreme Court of Pakistan

The Supreme Court of Pakistan ordered the Higher Education Commission (HEC) to keep working under the ordinance until any amendment in the law before adjourning the hearing for indefinite period, report said on Tuesday. The Supreme Court, while hearing the constitutional petition against the devolution of HEC, issued notices to Attorney General of Pakistan, Ministry of Law, Ministry of Education and HEC. The Attorney General, Maulvi Anwar-ul-Haq told the court that the commission still existed and with consultation from educational experts and vice chancellors a new law would be constituted for HEC. A three-judge bench, headed by the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, heard the petition filed by the Directory of Riphah University against the devolution of HEC.

Enticing Fury
Pakistan Cyber Force Follow PCF on Facebook

Friday, 8 April 2011

Reko Diq: Selling Gold Mining license for $100 is a heinous joke; Pakistanis are not stupid! - CJP

The Supreme Court on Thursday directed the Balochistan advocate general to get fresh instructions from the provincial chief minister and the chief secretary regarding the Reko Diq project, saying the provincial government had accepted all the conditions of the Zionist BHP Australia for the signing of joint venture agreement and the relaxation of rules. The chief justice remarked that the case is not against the Balochistan Development Authority (BDA) chairman but the government of Balochistan, adding the GoB from the day one had accepted all the conditions of the BHP.

Chief Justice of Pakistan, Justice

Iftikhar Muhammad Chaudhary

A three-member bench, headed by the Chief Justice, was hearing the case relating to the exploration of gold and copper from the Reko Diq site. Other judges on the bench were Justice Mohammad Sair Ali and Justice Ghulam Rabbani. The chief justice said from the day one all the agreements, contracts and relaxation of rules were signed by the BHP to obtain exploration license for the Reko Diq project. He said the court would decide whether the joint venture agreement and the licenses, both prospecting and exploration, were approved legally or not. The CJP asked the Tethyan Copper Company’s counsel Khalid Anwar that so far the company has failed to submit feasibility report of the project and therefore there was no need to tell the court that the Balochistan government has no money and expertise and the mining lease be awarded to the company.

“We have to examine the case as per rules and the constitution. You must appreciate that we have been hearing the case for the last four months patiently”, Chief Justice said.

TCC’s Khalid Anwar submitted that the BHP Company sold its exploration license for $100 and put a condition on the other company to find out something in six months and then come into an alliance and be a partner in investment and profit. The CJP said:

“After 10 years and according to you after investing millions of dollars, they sell the license only for $100. What you people think, Pakistanis’ are stupid, and will believe all this. In a $100, you cannot get even a nice shirt of Marks and Spencer.”

The TCC lawyer informed the court that under rules 2002, for the first time the prospecting license was converted into an exploration license on May 18, 2002. Advocate General Amanullah Kanrani said that the basic problem regarding the Reko Diq project started due to Atta Mohammad Jaffer, the chairman Balochistan Development Authority (BDA). “Everything happened in the garb of relaxation of rules”, he said. It was at this point that the CJP remarked that the case is not against the BDA but the Balochistan government. However, the AG said that the chief minister had not approved the relaxation of rules.

Mountains of Gold at Reko Diq, Pakistan

Zionist TCC counsel Khalid Anwar said that the provincial governor, who was the chief executive of Balochistan, had allowed the BDA chairman to approve amendments in the rules on behalf of the Balochistan government. The learned counsel whom the court on Wednesday directed to conclude arguments by Thursday, granted one more day for completing the arguments and adjourned the hearing till Friday. The bench has been hearing various constitutional petitions filed by Muhammad Tariq Asad, ASC, Maulana Abdul Haque Baloch and around 26 senators including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others under Article 184(3) of the Constitution against leasing out of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in alleged violation of the law.

Enticing Fury
Pakistan Cyber Force
Follow PCF on Facebook

Thursday, 7 April 2011

Reko Diq: TCC's lawyers pleading Supreme Court to leave the contract intact

The Balochistan government on Wednesday prayed to the Supreme Court not to set aside the Balochistan High Court judgement, as it would benefit the Zionist Tethyan Copper Company (TCC), therefore, the court should decide the matter on merit. Amanullah Kanrani Advocate General Balochistan said the Joint Venture Agreement (JVA) would remain intact even if the Court scraps the BHC judgement. He was of the view that the TCC that would be benefited from scrapping BHC verdict is itself opposing and wanted time. He said the TCC has not yet deposited fee worth Rs 0.3 million, though JVA was signed in 1993. The counsel for TCC, Fakhar-ud-Din G Ibrahim, prayed to the court not to set aside Balochistan High Court verdict and said: ‘Give us some time so that matter could be resolved outside the court room, adding, the parties are ready to negotiate, while the court keep the case pending’. The court observed that throughout the beginning of the case Balochistan govt has been in favour to set aside the BHC judgement. The Chief Justice said ultimately the Balochistan government has to settle the issue. He said if the Balochistan was given due share in NFC award it would then be a developed province.

The Supreme Court of Pakistan

Raza Kazim, representing Maulana Abdul Haq and others, stated they have filed the case for the interest of Balochistan people and therefore the court should go into depth of the Reko Diq project. He said: “my clients don’t see negotiation out of the court as the TCC talking about negotiation with the government of Balochistan”. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprised Justice Muhammad Sair Ali and Justice Ghulam Rabbani was hearing case relating to the exploration of gold and copper from Reko Diq. The bench has been hearing various Constitutional petitions filed by Muhammad Tariq Asad, ASC, Watan Party, Maulana Abdul Haque Baloch and around 26 Senators including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others under Article 184(3) of the Constitution against leasing out of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of law for the last four months. The TCC lawyer stated that clause 15 of JVA deals with the international arbitration, in which the company would benefit.

Justice Sair Ali questioned if the court declares JVA null and void then whether the arbitration clause would survive? The JVA was against the Pakistani laws from the very existence. Khalid Anwar, TCC counsel, said that there was clear decision available to the Government of Balochistan (GoB) whether it wanted the JAV or not? He said that the GoB relaxed the rules not the BHP Australia but for its own benefit. It was for the contract of enforcement mechanism so that no party could say that other party did illegal with and it and give me relief. The Chief Justice said it was the BHP that suggested for relaxation in the rules and not the Balochistan government. Anwar argued that since the case began the criticism were lavished on the GoB and not the BHP for failing to protect the interest of the locals. He said that though the relaxations were 13 in number but their main objectives were only three.

“The BHP did not want to deal with the provincial bureaucracy but wanted the involvement of the GoB”.
“Mining lease is given to BHP automatically”.
“The arbitration clause”.

Reko Diq Goldmine, Balochistan (Pakistan)

The TCC lawyers pleaded that if contract was canceled then Pakistan would be stigmatised, adding that the foreign companies operating in Balochistan would run away. Kanrani stated that without the permission of Chief Minister Balochistan the agreement was directly sent to the Secretary of Industries. Khalid Anwar argued that later the chief minister approved it and the notification of it was issued, thus it means that the JVA was legally awarded and now the burden was on the GoB. The court asked Khalid Anwar to conduct arguments by Thursday(today) and adjourned the hearing till April 7th (today).

Enticing Fury
Pakistan Cyber Force
Follow PCF on Facebook

Wednesday, 6 April 2011

DG FIA Waseem Ahmed resigns

DG FIA, Waseem Ahmad

The Director General (DG) for the Federal Investigation Agency (FIA) sent his resignation to the stooge Prime Minister Syed Yousaf Raza Gilani on Wednesday. The puppet government has appointed IG Balochistan Malik Iqbal in his place. In his resignation letter to Gilani, Waseem Ahmed has written that he has resigned as the director general of the Federal Investigation Agency in the larger national interest of the country. The appointment of the DG FIA had recently been mired in controversy as the Supreme Court had instructed the federal government to terminate the contract of the incumbent director-general of the FIA. The government puppets, however, had urged the apex court in response to keep Waseem Ahmed in office keeping in the view the current situation of the country.

Enticing Fury
Pakistan Cyber Force
Follow PCF on Facebook

Reko Diq: Supreme Court nullifying Balochistan High Court's verdict

The Supreme Court on Tuesday said that Reko Diq was not a joint venture as credibility to this effect could not be established. Chief Justice Iftikhar Muhammad Chaudhry, heading a three-member bench, also said that the Baloch people and the provincial government had the foremost right to Reko Diq resources. It will be better if the Balochistan government takes the final decision about the project, he said. The CJ remarked that if the respondents would agree to handle the matter with a mutual agreement, the court could nullify the Balochistan High Court verdict.

The Supreme Court of Pakistan

Khalid Anwar, counsel for Tethyan Copper Company (TCC), said “his client company had invested billions of rupees in this project and the verdict of Balochistan High Court was also in its favour so by nullifying it, its interests would be affected”. He argued that the mining lease may be awarded to his client as they already are working on it. However, the Chief Justice remarked that these mines are the resources of the people and the elected representatives have the right to take decision about its mining lease. The court also directed Khalid Anwar to consult with his client and inform the court on Wednesday in this regard. The other judges on the bench were Justice Mohammad Sair Ali and Justice Ghulam Rabbani. The bench was hearing various constitutional petitions filed by Muhammad Tariq Asad, ASC, Maulana Abdul Haque Baloch and around 26 senators including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others under Article 184(3) of the Constitution against leasing of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of the law. The Reko Diq project, located in Chaghi district of Balochistan, is being developed by the Tethyan Copper Company Pakistan (TCCP), jointly owned by Zionist Barrick Gold Corporation, Canada, and Antofagasta, Chile.

The hearing of the petitions has been continuing for the last five months. The case is before the court since a judgment by the Balochistan High Court that has been challenged in petitions filed under Article 184(3) of the Constitution along with the applications of the interveners. Initially 10 prospecting licences for exploration were given to BHP and BDA for one year – from December 1996 to December 1997. But the companies surrendered eight licences in 1998 and retained two; out of that, one licence was turned into exploration licence-5 (EL-5). During the proceeding, the chief justice observed that exploration licence to TCC has expired in February this year and renewing it was the responsibility of the Balochistan government. The counsel for the Tethyan Company told the court that the company has already invested $220million on digging, testing and analysis, and according to the agreement, it was his client’s right to get the mining licence. They, however, didn't bring it to the notice of Supreme Court that how much Gold filled stones they have smuggled illegally through Afghanistan and what is their total estimated worth. The court asked the petitioners and the advocate general Balochistan to give suggestions how to solve the issue of Reko Diq and adjourned the hearing till Wednesday (today).

A mountain of Gold in Reko Diq, Balochistan

Agencies add: The Supreme Court on Tuesday said that the Balochistan High Court’s verdict in the Reko Diq case was becoming a hurdle to the deliverance of justice. The apex court suggested the applicants and respondents to consider the nullification of the Balochistan High court’s decision before proceeding further. Chief Justice Iftikhar Muhammad Chaudhry observed that the high court’s verdict was a great hurdle and suggested both parties to consider its nullification and submit their reply till Wednesday. The Balochistan government had allotted the rights of mining to the Tethayan Company which conducted all the digging process at the site. The SC also proposed the respondents of Reko Diq project to handle the matter of mining lease with mutual cooperation.

Enticing Fury
Pakistan Cyber Force
Follow PCF on Facebook

Saturday, 12 March 2011

Chief Justice takes suo moto notice of Sindh Strike call by PPP traitors

Chief Justice Iftikhar Muhammad Chaudhry on Saturday took suo moto notice of complete strike in Sindh province on the call of stooge PPP leadership against the Supreme Court’s decision in Chairman NAB appointment case. According to media reports, at least three people were killed in incidents of gunfire in Karachi and several others were wounded as a strike called by the USZ puppet party of PPP was being observed across the entire Sindh province on Friday against the Supreme Court’s verdict annulling the appointment of Deedar Shah as NAB chairman. They said that three letters had been written to chief secretary Sindh, chairman Pemra and DG Intelligence Bureau. The chief secretary has been directed to submit complete record that whether or not any action has been registered in respect of the strike against the responsible political leaders and persons. The chief secretary has been asked to submit the record in this regard on Monday.

Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhary

The court sought whether or not the criminal cases had been registered against the instigator, abettor and the accused persons. The letter to the secretary stated that protecting the life and property of citizens was the responsibility of the law enforcement agencies under Article 9 and 24. The secretary has been asked to submit the estimation of the loss of life and the properties. The chairman Pemra has been ordered to furnish all the electronic TV channels talks show and programmes’ record and the evidence regarding the strike, while the Secretary Sindh Provincial Assembly has been asked to provide the record of MPAs’ speeches in the Assembly session. It needs to be noted that the Supreme Court on March 10 declared the appointment of Justice (Retd) Syed Deedar Hussain Shah as chairman National Accountability Bureau illegal and unconstitutional and ordered him to immediately step down from his position. A three-member bench headed by Justice Javed Iqbal in a short order stated, “For the reasons to be recorded separately, these petitions are accepted and the appointment of Justice (Retd) Syed Deedar Hussain Shah as chairman NAB is hereby declared as illegal and ultra vires and he shall cease to hold said office forthwith.”

President Supreme Court Bar Association Asma Jahagir on Friday said that the court’s judgements were public property and people could criticize these decisions but observing strikes was unacceptable. Staff Reporter from Karachi adds: A constitutional petition was filed in the Sindh High Court on Saturday seeking contempt of court proceedings against the PPP Sindh leadership for criticising the Supreme Court of Pakistan’s judgement in NAB chairman appointment case. The petitioner, Secretary General of United Human Rights Organization Rana Faiz-ul-Hasan, submitted that being citizens of the country, the people and the political parties had constitutional rights to record their protest for their genuine demands but there was a limitation. He submitted that provincial leadership of PPP violating Article 204 of the Constitution not only criticized the Supreme Court’s order but also staged protests against it.

A bus is burning in Karachi as miscreants of PPP raise havoc in the city

On March 10, the apex court termed the appointment of Justice (Retd) Deedar Hussain Shah as NAB chairman invalid that was followed by aggressive move by the provincial leadership of PPP, as they criticised the judiciary at their press conferences in the same day. He continued that following the announcement of the SC verdict, the ruling party and the Sindh government announced a complete shutter-down and wheel-jam strike across the province. The plaintiff submitted that judiciary had been threatened by the respondents. He added that such disgraceful approach towards rules was not only dishonouring the judiciary but also creating negative impression across the world. He submitted that the judiciary was independent, and it should not be brought under threat by anyone. The Sindh government, PPP Sindh General Secretary Taj Hyder, MPA Sharjeel Memon, Javed Shah, Imdad Pitafi and Aga Taimore were cited as respondents. The petitioner pleaded the court to initiate contempt of court proceedings against the respondents. Admitting the plea for hearing, the court fixed March 15 as next date of hearing.

Enticing Fury
Pakistan Cyber Force

Follow PCF on Facebook

Friday, 11 March 2011

PPP traitors go berserk against NAB Chairman's removal by Supreme Court

The Supreme Court of Pakistan

The Supreme Court on Thursday declared null and void the appointment of Justice (retd) Deedar Shah as National Accountability Bureau (NAB) Chairman and ordered him to step down forthwith. A three-judge bench comprising Justice Asif Saeed Khosa, Justice Javed Iqbal and Justice Raja Fayyaz Ahmed heard the petitions against Deedar’s appointment filed by Leader of the Opposition in the National Assembly, Chaudhry Nisar Ali Khan and Shahid Orakzai, a citizen. Nisar contended in the petition that Deedar couldn’t be appointed NAB chief due to his prolonged association with the ruling PPP, and his appointment was violation of section 6 of the National Accountability Ordinance. He said Deedar had been participating in active politics and twice remained member of the Sindh Assembly. Justice Javed Iqbal, heading the bench, in his short verbal order said “the appointment of Justice (retd) Deedar as NAB Chairman is illegal and ultra vires to the Constitution and he is ordered to relinquish the office forthwith”. He said detailed ruling would be recorded later. The bench announced its short order after conclusion of arguments by the counsel for both parties.

Earlier Abdul Hafeez Pirzada, the counsel for the federation, resumed his arguments and said that appointment of NAB chairman did not infringe on the fundamental rights of any individual and the issue could not be treated under fundamental rights. He said the issue of the right to life could not be extended to an appointment of this nature as prayed by the petitioners. Opposing grounds of the petitioners, he said these pleas were not maintainable as these were premature based upon “certain misconceptions, perceptions and hypothetical grounds”. He maintained that the Court could not go into the academic questions as already held in Malik Asad’s case. The office of chairman was not the one to which legitimate expectations of other aspirants were concerned as observed by this Court in the contract employees’ case, he said, adding that the retired people concerned are employed against this important post. Justice Asif Saeed Khan Khosa observed that rights of thousands of those involved in NAB cases are attached with the issue. Pirzada said that petitioners’ objection to partiality of the chairman did not hold ground as a number of able judges like retired Javed Iqbal, the son of Allama Muhammad Iqbal, took part in politics. Justice Khosa questioned when the first notification on his (Deedar’s) appointment was withdrawn, how could they adjust his service tenure period of four months. The counsel replied that if the Court held that first notification was illegal and the second held its ground then they would leave the issue of service tenure for it to decide.

As a response to Supreme Court's decision, the Pakistan Traitors Party (PPP) has announced that it shall raise protests all across the Sindh province against this "biased" decision by the Apex Court of Pakistan. Local shopkeepers told PCF sources that they had received death threats from the criminal gangs of PPP operating in Sindh if they do not close their shops, offices and transport. The reality is that with this stooge Deedar Hussain Shah planted as chairman NAB, all looters and plunderers of PPP had complete freedom of carrying out their grand robbery all across the country without facing any sort of hurdles. After Deedar Hussain Shah's removal, all these snakes who are fighting in the name of Sindh province, are actually afraid of their accountability. Analyzing their statements, it is very obvious to understand that now common people of Sindh province will be used as an emotionally charged shield by these corrupt traitors of PPP who have now openly started threatening Pakistan's sovereignty and integrity.

Enticing Fury
Pakistan Cyber Force

Follow PCF on Facebook

Thursday, 3 March 2011

Supreme Court blasts Reko Diq rules relaxation

The Supreme Court on Wednesday said that amendments or relaxations made in the mines and mineral rules were persons- or company-specific to award the Reko Diq gold and copper contract to the BHP Billiton, an Australian Jewish company. The BHP sold its shares the Tethyan Copper Company Pakistan (Pvt) Limited (TCCP), a joint venture of Barrick Gold Corporation of Canada and Chile-based Antofagasta PLC. A three-member bench of the apex court has been hearing petitions challenging the award of a contract to the TCCP for exploring gold and copper at Reko Diq in Chagai, Balochistan. Chief Justice Iftikhar Mohammad Chaudhry, heading the bench, remarked that they never ever discouraged foreign companies to invest in Pakistan, but they have to follow the Pakistani law. He said they only have to examine the legality of the case. The CJP said not a single company exploring oil and gas in Balochistan and other provinces ever asked for the relaxation of rules; why it was done in the BHP, TCCP case. Justice Sair Ali questioned the counsel for TCCP, Khalid Anwar, whether all the relaxations obtained by the BHP were by fraudulent misrepresentation.

The Supreme Court of Pakistan

Anwar said every proposal by the BHP was vetted by every relevant department of both federal and provincial governments and there was not a single dissenting note by any of them. He said not the BHP but the Balochistan Development Authority applied for the relaxation in rules, adding if there was a mistake then it was on the part of the Balochistan government. Justice Ghulam Rabbani asked whether it was the mistake of the Balochistan government. “If it was a mistake, then it is a void contract”. The CJP said it was not the job of the Supreme Court to interpret the contract, but they would like to know why it was persons- or company-specific. TCCP lawyer Khalid Anwar informed the court that the BHP Billiton had consulted all the departments of Balochistan, including ministries of industries, planning, law and finance, as they were members of the Mines Committee, and all gave approval to the joint venture agreement. It took two years to get the contract.

He said the consultation took place with unprecedented depth and serious analysis not merely with the Balochistan government but also with the federal government, though there was no legal requirement for it. In addition to that, he said, the BHP requested the UN Department of Socio-Economic Development for data and input relating to the international practice on the quantum of royalty. This is in contrast to the manner and procedure, according to that the government of Balochistan was awarded not only prospecting, but also exploration licences and even in one case the mining lease without processing their cases thoroughly. The counsel said: “Our area with the TCC is 0.8% of the total area of Chagai, which according to the Balochistan government was legally valid”. He said Chagai is extended over 44,000 square kilometres, while EL-5 is 435 sq km and the area of mining is only 3 to 5 sq km. Shameless lawyer of TCCP Anwar argued that Pakistan’s economy depended upon the IMF and the World Bank, despite having world's largest Gold and Copper reserves.

Enticing Fury
Pakistan Cyber Force

Follow PCF on Facebook
Follow PCF on Twitter

Tuesday, 1 March 2011

SC orders to remove DG FIA within 3 days

The Supreme Court on Tuesday has ordered the government to remove the Federal Investigation Agency (FIA) Director General Wasim Ahmed in three days. During the hearing of Haj corruption case, the chief justice said that Wasim Ahmed had botched up Haj scam probe. The court ordered the FIA to submit its daily report of the Haj scam case in the chamber of Justice Raja Fyaz. The chief justice also reprehended Azam Sawati for not producing evidences against Hamid Saeed Kazmi. The CJ ordered the FIA to act against Member National Assembly Imran Shah for leveling fake charges at Abdul Qadir Gilani. The hearing was adjourned for two weeks.

Supreme Court suspends Parliamentary Committee's decision

While suspending Parliamentary Committee’s decision wherein it did not confirm the extension to two additional judges of the Sindh High Court, The Supreme Court of Pakistan has restrained the federation from issuing notification in pursuance of the committee’s recommendations. About two weeks ago a two-member bench had overruled the decision of the Parliamentary Committee, which had denied extension to four additional judges of Lahore High Court - Justice Muhammad Yawar Ali, Justice Syed Mazahir Ali Akbar Naqvi, Justice Mamoon Rashid Sheikh and Justice Muhammad Farrakuh Irfan Khan. The Parliamentary Committee on February 22 rejected the Judicial Council's recommendations for two additional judges of the SHC namely Justice Mohammad Tasneem and Justice Salman Hamid. A four-member bench headed by Justice Mahmood Akhtar Shahid Siddiqui and comprising Justice Jawwad S Khawja, Justice Khilji Arif Hussain and Justice Tariq Pervaiz was hearing the constitution petitions of Sindh High Court Bar Association (SHCBA), Munir Hussain Bhatti Advocate and Kamran Murtaza against the PC for not confirming the nomination of two additional judges of SHC and four additional judges of LHC respectively.

The Supreme Court of Pakistan

Makhdom Ali Khan, counsel for Munir and Murtaza, informed the court that he had not yet received the committee’s reasons. However, the bench said that it had access to the reasons for not confirming the four additional judges of LHC. Additional Attorney General K K Agha appearing on behalf of the federation stated that the petitions filed under Article 184(3) was not maintainable as the matter was not of the public importance and even the PC’s decision of not confirming LHC and SHC judges names had not violated the fundamental rights. He said, “Do we want that the committee to become ‘rubber stamp’ ? ” Justice Tariq Pervaiz questioned whether it was appropriate for the public to know what reasons the 8-member Parliamentary Committee had given for not confirming the additional judges of LHC. He said Khyber Pakhtunkhwa bar has passed a resolution condemning the PC for not confirming the judges’ names. Justice Jawwad asked the AAG if a person appeared before the court and said he had some reservations about the PC’s verdict then should the court entertain his petition or not? He said the petitions under Article 184(3) had not been filed by the affected judges, but the lawyers and the bar association.

K K Agha asked, “How could we gauge the public interest and how the judges’ appointment is related to the independent of judiciary?” He said when the judges were deposed the people came on the streets and reacted but it did not happen on 3rd November 2007, as the people did not march on the streets against the proclamation of emergency. Justice Shahid Siddiqui stated the committee was obliged to give reasons if it refused JC’s nominations. He questioned who would analyse the reasons whether people or court? The AAG replied though he had not yet seen the reasons but in his opinion if the reasons were justiciable then it could be discussed in the court. Justice Jawwad stated, “Can we ask any organisation to hold poll on the issue of not confirming judges, and if there is 51 per cent votes in favour or against then can it would show public interest.” The AAG stated in the case Jamaat-e-Islami vs federation in which the party had challenged the president’s move to contest elections twice. He said it was the public interest but did not violate the fundamental rights. There was the great public debate not in media, but issue was discussed on the streets. Makhdom Ali Khan touched the issue of maintainability. He said there was difference between public outcry and protest. He said that the court had to decide what is authority of the PC regarding the appointment of judges. The hearing was adjourned for Tuesday.

Saturday, 26 February 2011

Supreme Court blasts Government's criminal silence over Balochistan's critical situation

The Supreme Court on Friday observed that there was complete breakdown in the largest province of the country, as even the convoys of Balochistan Governor, Chief Secretary and IGP were fired upon, while the lives of ordinary citizens were not safe. "The provincial government under the Constitution is bound to maintain law and order and at the same time the Federal government cannot stay back from its responsibilities particularly in prevailing situation of Balochistan", it added. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Muhammad Sair Ali and Justice Ghulam Rabbani was hearing a Constitutional petition of President Balochistan High Court Bar Association (BHCBA) against the Federation and the law-enforcement agencies. The Federal government was aware of the situation in Balochistan but has not taken concrete steps, the bench observed.

The Supreme Court of Pakistan

President BHCBA Hadi Shakeel Ahmed has made Inspector General Police (IGP), Balochistan, IGs Frontier Corps Balochistan and Levies, heads of three top intelligence agencies, Federal government through Ministry of Interior and provincial government through Chief Secretary and Home Secretary as respondents. The court noted with grave concern that the Federal government has so far not even filed report over the worsening law and order situation in the province. Attorney General Maulvi Anwar-ul-Haq has been directed to take up the matter directly with the Prime Minister and put up his reaction on the record. The Federal and the provincial governments have been directed to protect the life and properties of citizens in Balochistan. "Notices were again issued to Federation through Secretary Ministry of Interior, IGs FC and Levies and DG Military Intelligence as they failed to submit their replies". The court ordered them to file their replies within three days.

The Chief Justice said there were 110 cases of missing persons and the target killings were going on in the province. Balochistan is a sensitive province but nobody was bothered, he said. Justice Sair Ali remarked that there seem to be no writ of government and total erosion of power in Balochistan. The law-enforcement agencies seem to be helpless. He said according to Balochistan government report the IGP and Home Secretary Balochistan themselves have written;"We can’t do anything because we are helpless". Justice Rabbani said: "The situation in Balochistan has become very serious and it could spread all over the country". The time has come to deal with the matter with iron hand, as mere issuance of statements and producing reports before the courts was not enough, he added.

Earlier, Hadi Shakeel, the petitioner in the case, informed that nobody including officials of law-enforcement agencies, Railway tracks, roads, bridges were safe in the province. He said the provincial Governor, Chief Secretary and Inspector General Police were fired upon. There was unrest among the legal fraternity as within last three days three lawyers Agha Zahid, Saleem Akhtar and Tahir were kidnapped. He said around 5,000 persons were missing. Amanullah Kunrani told that the Senators and MNAs have stopped visiting their constituencies. He said DCO Jhal Magsi was kidnapped and later murdered. He said time has come that even traffic police were not feeling safe ,therefore, they were not doing their duties. Additional Advocate General Azam Khattak informed that so many agencies besides the intelligence were operating in the province, adding, there were some elements that bent upon destroying peace of Balochistan. The hearing was adjourned till March 2, 2011.

Tuesday, 15 February 2011

Supreme Court orders govt to remove DG FIA

The Supreme Court of Pakistan has ordered the government to take back the notification of the appointment of Wasim Ahmed as Federal Investigation Agency Director General, besides other contract officers. Hearing the Haj corruption case, the SC has given a deadline of Thursday to the government to revert the notification, saying if the government does not take the notification back, the court will pass orders for its nullification.

The Supreme Court of Pakistan

The government’s lawyer Abdul Hafeez Pirzada asked the court not to mix Haj-scam case with the case of contract officers. The chief justice said Haj scam probe was not progressing due to contract officers, so that both cases could not be separated.

Thursday, 10 February 2011

Court to decide Davis' fate: Pakistan Army

Reaffirming total commitment to rule of law in the country, the top brass of Pakistan Army Wednesday supported decision of the puppet government which was made under the fear of a public revolt that the case of USZ national Raymond Davis was a sub judice matter and let the court handle it. Corps Commanders, who met at GHQ for the 136th Conference chaired by Chief of Army Staff General Ashfaq Parvez Kayani, made these observations in the light of talks held between the COAS and USZ Secretary of State Hilary Clinton on the sidelines of Munich Security Conference in Germany. The sources said that the COAS briefed the participants about his meeting with the USZ Secretary of State as well as other leaders during the conference.

Pakistan's Chief of Army Staff General Ashfaq Pervez Kayani

He also briefed the participants about the security issues discussed in the Munich Conference. According to an ISPR press release, the conference was part of regular monthly meeting and the forum took a comprehensive overview of the security situation in the country and discussed various professional matters. The participants expressed satisfaction over the state of operational preparedness of the Army.

Wednesday, 9 February 2011

Reko Diq - Secretary industries and commerce relaxed exploration rules for TCC: Supreme Court

Reko Diq case: Chief Justice Iftikhar Muhammad Chaudhry has observed that according to documents available, its seems that approval for relaxing rules for exploration of copper and gold was not given by the provincial government but by the then Balochistan secretary industries and commerce. The Chief Justice asked the Balochistan advocate general from where the approval for relaxation of rules came if the provincial government did not move the summary for it. Advocate General Balochistan Salahuddin Mengal informed the court that secretary industries and commerce ordered for issuance of notification. He said he also wrote to chairman Balochistan Development Authority to extend the area of exploration from 50 acres to 1,000 acres of land and also the rules. A four-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing various petitions on Wednesday against leasing of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of law.

The Supreme Court of Pakistan

During the course of proceeding, Sahibzada Ahmed Raza Khan Kasuri, counsel for Sanjrani Tribe, complained that the provincial mines department issued the NOC, while it should have been obtained from Sanjrani Tribe. He said the company should have opened schools and started some development projects in their area, but they did not do so. The Chief Justice asked him to raise these issues with the Balochistan government or company, as they would go strictly according to the law. He asked the learned counsel why he was lowering the dignity of the tribe as Pakistan was a sovereign state and “its citizens are respectable and if they do not have one time meal then they never complain”. Justice Ramday added they were a nation that did not beg so it needed not to say that Sanjrani Tribe was not given concession in the deal with the TCC. Kasuri said that an international conspiracy was going on against Pakistan. The Chief Justice stated, “As long as we remain a sovereign nation no conspiracy can damage our country.” Kasuri then said, “What kind of sovereignty is it when an American has killed two innocent Pakistan citizens.” The Chief Justice asked him not to discuss this issue as the matter was not under consideration right now.

The learned counsel said approximately all rules including grant of exploration, area for prospecting licence, application for prospecting licences, exclusive rights, other mineral, royalty, penalties, employment and training and mining lease, were changed to accommodate the Jewish Canadian Based Company TCC. He said besides EL-5 licences, EL-6, EL-8, EL-26 and EL-27 were awarded to TCC in which 100% share given to foreign company. Justice Ramday observed that the whole joint venture agreement revolved around relaxing the rules, adding the JVA was not in accordance with the rules. He questioned whether the first prospecting licence was issued under Balochistan Mining Concession Rules 1970. Director Mines and Minerals Department, Zaakbat Khan, informed the court that though the exploration licences was issued to BHP in 2002, the company had started the exploration earlier. Mengal informed the court that Martin Henry contacted the Balochistan Development Authority for exploration of copper and gold at Reko Diq in 1993. He provided the copy of summary related to granting licence on January 24, 1996. Justice Ghulam Rabbani asked the AG, “We have all the documents pertaining to Reko Diq in 2007, but it took the Balochistan government many days to dig them out.”

The Chief Justice inquired from the AG Balochistan that it had been stated in the agreement that the BHP would submit quarterly report “but tell us how many reports the foreign company has submitted and how many times the mines department officials inspected the site.” Justice Rabbani observed that joint venture agreement was signed in 1993 and the first prospecting licence to BHP was issued in 1996 but according to the documents the BHP must have been operating in the province much before. Shakeel, counsel for BDA, said the first presence of BHP in Balochistan was in 1990. Kasuri has completed his arguments and from today (Thursday) Abdul Hafeez Pirzada would plead the case.