Government Officials/Ministers in Trouble

[ejaz007]

Big question mark on Malik as his dismissal record unveiled
Thursday, March 04, 2010
By Ansar Abbasi

ISLAMABAD: Interior Minister Rehman Malik is not qualified to be a member of parliament as official documents prove he was dismissed from the service in 1998 and even his appeal against the dismissal was turned down by the president of Pakistan in 1999.

Article 63(i) of the Constitution clearly disqualifies a person from becoming member of parliament if a person has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the federal government, provincial government or a local government on the grounds of misconduct or moral turpitude.

Documents available with The News show the then-president Muhammad Rafiq Tarar rejected Rehman Malik’s appeal on April 22, 1999 against his dismissal from service as additional director-general of the FIA.

Malik, who fled the country during the Nawaz Sharif’s tenure and had been declared an absconder by the courts, came back to Pakistan after eight years of self-imposed exile in 2007, along with Benazir Bhutto, and got elected as senator because of the National Reconciliation Ordinance, which had ostensibly erased his past record. However, the recent declaration of the NRO as void ab initio by the Supreme Court has revived the record and made Malik vulnerable to lose both his ministry as well as the Senate seat for being a dismissed government employee.

Despite messages left at this office, residence and even sent on his cell phone, Rehman Malik did not talk to this correspondent to clarify his position. However, his counsel Amjad Iqbal Qureshi when approached said he was absolutely ignorant about his dismissal from the government service. Qureshi said he had never represented Malik on service matters but guessed Mr Malik had resigned from service.

Presidential spokesman Farhatullah Babar when approached said he is not aware of Rehman Malik’s case but said perhaps he was once told by the interior minister that his dismissal was set aside by the competent forum.

Babar said the president has the authority under Section 23 of the Civil Servants Act of 1973 to set aside the dismissal order of any government servant. He, however, was not sure if in case of Rehman Malik the incumbent president had done so before he contested the Senate election.

Official record available with the Establishment Division, however, confirmed that Rehman Malik was dismissed from the government service and the situation remains unchanged as of today.

Documents reveal on May 21, 1998, Rehman Malik, the then-additional director-general of FIA, was placed under suspension with effect from November 17, 1997, through an interior ministry notification. He was issued a show-cause notice on August 13, 1998, through registered post as well as through a press advertisement on account of his unauthorised absence from Islamabad with effect from June 26, 1998.

He was also charged with receiving two Honda cars from Toyota Motors as illegal gratification; falsely involving two persons in an FIA case in Lahore; misuse of official position for obtaining quota of bitumen from the petroleum ministry for his brother-in-law at lower rates; misuse of official position for installation of telephone of telephone exchange at his residence; living beyond means as evident from telephone bills and electricity charges; theft of electricity at his residence by abusing his official position; and misuse of official transport. AW Qazi, the then food secretary, was the inquiry officer in this case.

Rehman Malik submitted his reply to the show-cause notice on August 17, 1998, to the authorised officer, denying the charges against him but did not request for personal hearing. Since Malik fled to the UK and was living in London, therefore, on account of his absence from the station duty the authorised officer recommended imposition of major penalty of dismissal from service upon him under the Government Servants (E7D) Rules, 1973. On Nov 4, 1998, through another interior ministry’s notification and following the approval of the competent authority his dismissal from service order was issued. Rehman Malik was, however, given the right to appeal to the appellate authority under the Civil Servants (Appeal) Rules, 1977, within a period of 30 days from the date of issue of the same notification.

Against his dismissal from the service order, Rehman Malik submitted an appeal to the president of Pakistan against the imposition of major penalty of dismissal from service on him. The then interior secretary Hafeezullah Ishaq on February 2, 1999 moved the summary to the president through the prime minister recommending in paras 7 and 8 of the summary that the appeal of the dismissed officer may be rejected.

On April 4, 1999, the then prime minister Nawaz Sharif accordingly advised the president, saying, “While filing the subject matter appeal, the appellant A Rehman Malik, former additional director-general (BS-21), FIA, has also misrepresented his current status vis-‡-vis the Service of Pakistan. The president is, therefore, advised in terms of Rule 2(a) and Rule 6 of the Civil Servants (Appeal) Rules, 1977, to approve recommendations of the interior division as per para 7 duly endorsed by the establishment division at para 10 of the summary; or to pass such orders, as the president may deem appropriate please. sd Prime Minister.”

Following the advice of the prime minister, the then president Muhammad Rafiq Tarar endorsed Rehman Malik’s dismissal, saying, “Perusal of the record reveals that the recommendation in para 8 of the summary proposing dismissal to reject the appeal of Mr A Rehman Malik, former additional director-general, (BS-21), FIA, in terms of Rule 2(a) and Rule 6 of the Civil Servants (Appeal) Rules, 1977. sd Muhammad Rafiq Tarar, President.”

Big question mark on Malik as his dismissal record unveiled

 

[ejaz007]

Rehman Malik’s troubles multiply
Wednesday, March 10, 2010
By Ansar Abbasi

ISLAMABAD: Interior Minister Rehman Malik is now at the mercy of the Supreme Court as he has confessed to committing contempt of court and offered his regrets, but if the Supreme Court convicts him even for a day he will lose his ministry as well as the Senate membership.

Already, the minister is facing questions over the validity of his qualification to continue as a federal minister and a senator for being a dismissed government employee. Malik, who initially tried to personally defend himself before the Supreme Court in the contempt of court case regarding FIA’s change of investigators in the Pakistan Steel Mills corruption case, submitted before the Supreme Court on Monday his written regrets, which means an admission of guilt.

According to reports, Malik, who appeared before the SC bench on Monday, expressed regrets over what he called a “misunderstanding” created by the formation of a joint team to investigate the scam and placed himself at the mercy of the court.

“First confess (interference in judicial affairs) and then leave yourself at the mercy of the court,” Justice Sair Ali was reported by the press to have said. Former chief justice Saeeduzzaman Siddiqui, when approached for his comments, said the interior minister has admitted to committing contempt of the court by offering his regrets and placing himself at the mercy of the court.

“Now it is for the court to accept the apology or reject the same and convict him,” the former chief justice said, adding the contempt is washed off if the court admits the apology. Justice Siddiqui explained although the minister has admitted the guilt, till the final disposal of the case the issue remains between the contemnor and the court.

Rehman Malik, while tendering his regrets, placed himself at the mercy of the Supreme Court in response to the apex court’s contempt notice issued to him a few weeks back for interfering in the Steel Mills case during its pendency with the Supreme Court.

Despite the satisfaction of the Supreme Court in the investigations in this case by the then-FIA director-general Tariq Khosa, the interior minister on his own constituted a new team to probe the matter on the pretext the Supreme Court was not satisfied with the investigations. Courts normally show grace in acceptance of such a plea. According to a legal expert even if the court spares the interior minister, the question would remain open for the judicial scrutiny whether he would not be disqualified to hold the membership of the Senate and the cabinet because tendering apology or regrets is tantamount to acceptance of guilt. Pleading guilty is conviction although he may not be sentenced.

Justice Siddiqui was, however, of the view the contempt is washed off as soon as the court admits the apology. Already the qualification of Interior Minister Rehman Malik as a member of parliament was in question as the official documents prove he was dismissed from the service in 1998 and that even his appeal against the dismissal order was turned down by the president of Pakistan in 1999.

Article 63(i) of the Constitution clearly disqualifies a person from becoming member of parliament if a person has been dismissed from service of Pakistan or service of a corporation or office set up or controlled by the federal government, the provincial government or a local government on the grounds of misconduct or moral turpitude.

Malik was not only dismissed but his appeal which he had filed before the then-president Muhammad Rafiq Tarar was also rejected on April 22, 1999. Malik, who fled the country during Nawaz Sharif’s tenure and was declared an absconder by the courts, came back to Pakistan after eight years of self-exile in 2007, along with late Benazir Bhutto, and got elected as senator because of the National Reconciliation Ordinance, which had cleansed his past record.

The recent declaration of the NRO as void ab initio by the Supreme Court has left Malik vulnerable to lose both his ministry as well as membership of the Senate for being a dismissed government employee.

Rehman Malik’s troubles multiply

 

[ejaz007]

Convict turned DG FIA cut to size by a furious SC
Tuesday, March 30, 2010
By Umar Cheema

ISLAMABAD: Ahmad Riaz Sheikh, the convicted additional DG FIA, and a crony of the president and the interior minister was served the due hand by the Supreme Court which made a shameful example of him by de-notifying his promotions and restoring his dismissal from service and his conviction. Not to forget freezing his ill gotten assets, worth billions, which had been parked in the name of his family members.

Sheikh’s disgraceful fall from grace with one judicious stroke of the pen has sent a wave of jubilation amongst the honest bureaucrats while casting a long shadow over the mood in presidency, where the disgraced FIA top gun is also serving as a special assistant to the president. The convicted officer’s 25-year old son, Hashaam, is presently employed in the Presidency and fetches a salary of MP-1 scale, which is three times more than what a federal secretary draws.

The News had published a detailed story of the appointment of Riaz Sheikh on March 8 prompting a suo moto action by the Supreme Court. But the presidency refused to read the writing on the wall until being hit in the face on Monday when the apex court heard the petition of the Sheikh and raised serious questions about the retention of a convicted officer, reprimanded the NAB for not reopening his cases and directed the FIA and Interior Ministry to explain how Riaz Sheikh had managed a promotion and elevation to an important position, his conviction notwithstanding.

The relevant FIA bosses, desperate to save their skins, proceeded against Sheikh with a dizzying speed after their hair raising dressing down by the court. DG FIA told The News that Sheikh’s appointment as additional DG FIA (Economic Crime Wing) has been de-notified and he has been surrendered to the Interior Ministry as he was no more needed in the FIA.

Sheikh who received rapid promotion within a year, first from BS-18 to BS-19 and then in Bs-20, now stands de-notified, confirmed the secretary establishment division. Not only this, he also stands dismissed from the service and his conviction has been restored bringing him back to the pre-NRO position.

Sheikh was the only high-profile accused, besides President Zardari, who couldn’t be proceeded against by the NAB currently headed by Irfan Nadeem, incidentally the predecessor of Sheikh in Economic Crime Wing of the FIA.

The charge sheet the NAB had furnished against Sheikh in the past, when he was FIA deputy director, listed that his family travelled to Europe on chartered planes, all his children were enrolled in the premier Aitchison College of Lahore with expensive private tutors, and the amount of recovered gold and diamonds was in kilogrammes besides a long list of property details.

Sheikh, of known humble means, had been inducted into the FIA by its former DG Aslam Hayat Wattoo to oblige Sheikh’s father, who reportedly worked on Wattoo’s agriculture farm in Haveli Lakha.

As the court Monday questioned how this man was promoted to BS-20 by the time his conviction was restored following the verdict on NRO, the interior ministry will be in awkward situation on Tuesday if the secretary interior is questioned. The court had issued verdict on NRO by December 16 and Central Selection Board (CSB) had Sheikh promoted six days later.

The officials close to the secretary interior, Ch Qamar Zaman, passed the buck to the then acting secretary, Raja Ahsan, for concealing the facts before the CSB as he was then acting secretary and Qamar was under suspension for putting the defense minister on the ECL.

However, the official defending Ahsan says that the service record was sent to the CSB by Ch. Qamar and the acting secretary was supposed to take the position on basis of the record already sent.

The interior ministry is also passing the blame on FIA for concealing the facts about Sheikh’s conviction. However, The News has seen a letter written by the then DG FIA Tariq Khosa not only mentioning Sheikh’s conviction but also suggesting to the ministry to inform the CSB.

The present DG FIA confirmed that the letter sent by the FIA had specifically mentioned Sheikh’s conviction. Secretary Establishment had told The News that while taking up the promotion case of Sheikh, he had asked thrice whether there was anything that could restrain the board’s consideration and the answer given each time was, none.

Sheikh has been kicked out at a time when he was abandoned even by his subordinates as all directors working in the Economic Crime Wing had refused to work under him. They refused accepting orders from a notorious boss. These officers include Wajid Zia and Shahid Nadeem Baloch. The resulting outcome was the emergence of Sheikh as additional DG FIA running a one-man show.

As Sheikh goes down, the properties in the name of his wife and sons are also to be confiscated under SC directions meanwhile his son Hashaam continues to occupy an important position in the presidency and occupies an office on the 4th floor, same as President Zardari.

The disgraced Sh.Riaz’s wife, Shabina Riaz, is also a PPP MPA in Punjab Assembly and first shot to fame in 1995 when Sheikh as deputy director celebrated the silver jubilee of his wedding that was attended by 5000 guests. The land cruiser that he had then gifted to his wife was allegedly flown in from Dubai.

The recent marriage ceremony of his daughter to the son of a serving army brigadier was also attended by the glitterati and the country’s who-is-who including Governor Salman Taseer and other PPP stalwarts. President Zardari was also invited but he could not make it, owing to certain security concerns friends and family were told.

When the presidency was contacted for version on Hahsaam’s precise responsibilities, spokesman Farhatullah Babar said: “Hashaam is in-charge of a Grievances Cell of Chairman PPP and is not on the pay roll of the presidency and works in an honorary capacity. Hasham was a banker before coming here and attended College Macalester (United States) in 2006, according to his Facebook account. He also claims to be the representative of the president’s secretariat in President’s program for care of highly qualified overseas Pakistanis.

Convict turned DG FIA cut to size by a furious SC

 

[ejaz007]

SC orders to jail NAB chief
Updated at: 1050 PST, Tuesday, March 30, 2010


ISLAMABAD: Supreme Court (SC) has ordered to put behind bars the Chairman of National Accountability Bureau (NAB) Naveed Ahsan, Geo News reported Tuesday.

SC orders to jail NAB chief

 

[ejaz007]

A do-or-die situation for Zardari’s cronies
Viewpoint
Thursday, April 08, 2010
By Ansar Abbasi

ISLAMABAD: When President Asif Zardari’s pointman in Sindh, Zulfiqar Mirza, says the PPP is ready to face “judicial dictators”, he reflects not only the thinking of his boss but the fears of all his cronies who themselves fear if Zardari submits before the SC, they would be in the dock and in jail within hours and days.

One big reason behind the Presidency-led aggressive campaign against the Supreme Court is that all these cronies have been hit by judicial decisions in one way or the other for their alleged wrongdoings.

A strange situation has developed where the top man, whose own fate hangs in balance because of the judiciary’s decision on the NRO, is generally getting biased advice on judicial matters from his trusted men surrounding him as they too have their personal axes to grind against the present lot of judges, in particular the chief justice of Pakistan.

While the president talks of “selective accountability” and conspiracy of the “pen” (in an indirect reference to the superior judiciary) his lieutenants like Zulfiqar Mirza, Babar Awan, Fauzia Wahab and Salmaan Taseer have started issuing contemptuous and fiery statements against the judiciary.

It is said if the declaration of the NRO as void ab initio has brought worries for President Zardari, who is facing charges of corruption involving over Rs130 billion; his cronies like Interior Minister Rehman Malik, Sindh Local Government Minister Agha Siraj Durrani, President’s Principal Secretary Salman Farooqui and his brother and father of Sharmila Farooqi (adviser to the Chief Minister) Usman Farooqi, Pakistan’s Ambassador to Iran MB Abbasi, Pakistan’s Ambassador to US Husain Haqqani, the condemned former additional DG FIA Ahmad Riaz Shaikh, Executive Director World Bank Javed Talat and Executive Director Asian Development Bank Siraj Shamsuddin have also become vulnerable.

The friendly NAB administration was reluctant to file appeals before the superior judiciary against these acquittals but it was the Supreme Court that had directed it not only to file appeals but also issue show cause to those prosecutors whose silence in the courtrooms led to the exoneration of the NRO beneficiaries, including Rehman Malik, Salman Faruqui, Usman Farooqi, Agha Sirajuddin and Siraj Shamsuddin, all of whom are closely associated with the president.

Following a story published by The News regarding Ahmad Riaz Shaikh’s double promotion from BS-18 to BS-19 and then to BS-20 while cheating the system and concealing his tainted past record, the Supreme Court sought the details from the concerned authorities, all of whom admitted to have done wrong.

Shaikh, a crony of the Presidency, has been jailed by the Supreme Court. Following a mega corruption case in the Pakistan Steel Mills, unearthed by the Geo’s Aaj Kamran Kay Sath, the SC took suo moto notice of the report. Not only that the then Chairman Aftab Moeen was the choice of the Presidency but some big names, including that of Riaz Lal Jee, involved in the alleged corruption, too is associated with the Presidency.

Quite a few allotments of state lands in Karachi worth tens of billions of rupees were made at throwaway prices allegedly on the verbal instructions of Zulfiqar Mirza, generally considered as de facto Chief Minister of the province. Following media reports, the Supreme Court got these allotments cancelled and also sought the details of other allotments.

Interestingly, the most telling anti-judiciary statement, which leaves not even a shred of doubt about the president’s approach towards the Supreme Court, has come from Zulfiqar Mirza, who on Monday said that the PPP had faced military dictators and now it was ready to confront the judicial dictators. He said that efforts were being made to impose judicial martial law.

President Zardari’s favourite minister Babar Awan has also faced embarrassment in a Supreme Court Haris Steel Mills case. It was not the apex court but one of the accused directors of Haris Steel, who had alleged that Babar Awan had taken a bribe of Rs 35 million to get a favourable decision from the Dogar court.

Yet another confidante of President Zardari and former AG Sardar Latif Khosa was removed following a complaint received by the SC about his alleged bribe taking from a client to get a favourable decision from the court. All these close aides of the president are going to be directly hit by the SC decisions and if President Zardari cannot resist, they feel they are gone. So in a concerted effort they have created a wall of confrontation to bring the SC down and damage the reputation and image of judges. It is a direct do or die situation.

A do-or-die situation for Zardari’s cronies

 

[ejaz007]

Presidential immunity challenged in SC

ISLAMABAD: A constitutional petition asking the Supreme Court to interpret Article 248 of the constitution – which provides immunity to the president of Pakistan – was filed on Wednesday.

The petition – filed by Communist Party of Pakistan (CCP) Chairman Engineer Jamil Ahmed Malik seeking – seeks SC directives for accountability courts to immediately try all corruption cases against Asif Ali Zardari, as “he does not have immunity in corruption cases, whether in Pakistan or abroad”.

“The president, under Article 248, doesn’t have immunity in corruption cases ... the immunity, if any, is limited to criminal cases, and that too is subject to the SC’s interpretation,” said the petitioner. “The interpretation that the president is protected under Article 248 [of the constitution] is vague and evasive ... if it is accepted that the president has licence to do anything he likes, the entire constitution becomes redundant.” masood rehman

Daily Times - Leading News Resource of Pakistan

 

[ice_man]

Enter the corrupt, exit men of conscience


By Ansar Abbasi

ISLAMABAD: The 18th Amendment distorts the Constitution in more than one ways - it provides for throwing out MPs who vote according to their conscience but allows criminals, the corrupt and those convicted back into the House after a brief stay out.

The bill, already passed by the National Assembly and currently under discussion in the Senate, recommends the undemocratic change in the Constitution that would unseat any member of parliament who chooses to vote for any constitutional amendment bill according to his/her conscience and against the wishes of his party leadership.

Detailed reading of the 18th constitutional bill removes life time bar from becoming member of parliament on the convicts of crimes like corruption, misuse of authority, moral turpitude, absconders etc and those even jailed by the court of law for propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan or the sovereignty, integrity or security of Pakistan or the integrity or independence of the judiciary of Pakistan or which defames or brings into ridicule the judiciary or the armed forces of Pakistan.

Generally ignored both by the media and the members of parliament, the 18th constitutional amendment bill seriously bars the independence of the parliamentarians to vote for any constitutional amendment bill against their own choice otherwise they would be unseated. The constitutional bill proposes the inclusion of such a practice of the parliamentarians in the defection clause of the Constitution.

This amendment once done would mean that the party heads like Asif Ali Zardari, Nawaz Sharif, Asfandyar Wali, Maulana Fazlur Rehman, Altaf Hussain, etc would get unfettered powers to dictate to their members in parliament as to what kind of constitutional amendments they should vote for. This would further the dictatorial rule within the political parties, which under the same 18th Amendment would now be at the liberty to hold intra-party elections. These amendments would turn the parliamentarians, including MNAs and senators into a herd.

Neither the original 1973 Constitution nor the one amended later during the elected nor dictatorial regimes ever included this unique bar on parliamentarians but now for unexplained reasons it is being made part of the constitution. The 18th amendment, once passed, would empower the party head to unseat a member of the National Assembly or the Senate.

Presently the defection clause is applied only on those members, who either join another political party or vote against the party line in cases of elections of the prime minister or the chief minister; vote of confidence or a vote of no confidence; and money bill. The 18th amendment bill now proposes to add “Constitutional (Amendment) Bill” in these categories of defection clauses.

The proposed amendment clause reads as: “63-A. Disqualification on grounds of defection, etc. (l) If a member of a parliamentary party composed of a single political party in a House; (a) resigns from membership of his political party or joins another parliamentary party; or (b) votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to (i) election of the prime minister or the chief minister; or (ii) a vote of confidence or a vote of no confidence; or (iii) a money bill or a constitution (amendment) bill.”

In the present constitution the 63-A (b)(iii) just reads: “(iii) a money bill”.

The same package removed the constitutional obligation on the political parties to hold intra-party elections by proposing change in Article 17(2)(4) of the constitution. Another controversial change is being made in Article 17(b) by removing the restriction of promoting sectarian, ethnic, regional hatred or animosity on political parties.

Another amendment in Article 63(g) allows the convicts to contest elections after a lapse of five years of their release even if they were convicted by a court of competent jurisdiction for propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan or the sovereignty, integrity or security of Pakistan or the integrity or independence of judiciary of Pakistan or which defames or brings into ridicule the judiciary or the armed forces of Pakistan unless a period of five years has elapsed.

The proposed Article 63(1)(h) relaxes the restriction of conviction on corruption or misuse of power. Now this restriction will not apply on those parliamentarians who have been convicted for fewer than two years or on those where 5 years have elapsed.

Under another proposed change in Article 63(1)(I) a government servant dismissed for misconduct will now be eligible to contest elections after a lapse of 5 years.

Another amendment sought in Article 63(1)(j) would allow government servants, who had compulsorily retired for misconduct or moral turpitude, to contest elections after lapse of 3 years.

The clause Article 63(1)(l) has been recommended to be removed. In the present constitution this clause prohibits persons guilty of corrupt or illegal practices from becoming member of the Parliament.

Similarly the Article 63(1)(p) has also been recommended to be removed. This clause debars convicted absconders from contesting the elections.

Enter the corrupt, exit men of conscience


WELL NOW REHMAN MALIK AND ALL ZARDARI BOYS ARE FREE TO CONTEST ELECTIONS! THE BANDITS CAN REJOICE!!!

 

[BATMAN]

Detailed reading of the 18th constitutional bill removes life time bar from becoming member of parliament on the convicts of crimes like corruption, misuse of authority, moral turpitude, absconders etc and those even jailed by the court of law for propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan or the sovereignty, integrity or security of Pakistan or the integrity or independence of the judiciary of Pakistan or which defames or brings into ridicule the judiciary or the armed forces of Pakistan.

Yesterday on TV i saw a criminal getting released out of jail with police protocol!
The released criminal was waving hand at media and was in green plate car and police protocol vehicles following.
Who was this guy? will he be our next minister?

 

[ejaz007]

Rehman Malik’s past being whitewashed
Wednesday, May 12, 2010
By Umar Cheema

ISLAMABAD: The official record of the 1996 cases against interior Minister Rehman Malik has started to disappear and FIA officials who arrested and handled him back in 1996 are now facing his wrath. Meanwhile, A private party has suddenly withdrawn its 15-year old FIR against Mr Malik for illegally grabbing 12 acres of land.

A director of FIA in Peshawar confirmed to The News that the record relating to the minister had been misplaced and it is being reconstructed but he denied they had tampered with the previous record.

The officials have been punished and harassed so much that they have now come on record to publicly complain that they are being targeted by the all-powerful interior minister.

A deputy director of FIA, Tariq Malik, who had reported that Rehman Malik as the then additional DG FIA received two cars as illegal gratification, has been demoted twice and transferred to a far-flung area in Quetta.

Likewise, Sardar Azam, another assistant director, now retired, who had arrested Rehman Malik the day FIR No 14/96 was registered against him, has stated on record to The News that his pension is being delayed as punishment.

An FIR No. 12/97 lodged against the interior minister in 1997 in Faisalabad, for grabbing 12 acres of private land has also been quashed as the complainant, the private party, has suddenly withdrawn it after FIA officials approached it for a compromise.

Tariq Malik, the FIA officer who has been demoted, told The News he would record his statement in case he was summoned by any court or any other authority.

Sardar Azam, who retired in January this year, confirmed to The News that he was the man who arrested and investigated Rehman Malik in 1996 but now his pension benefits were being blocked.

He said he had recorded statements of two Toyota dealers namely Saleem Godiyal and Rafique Godiyal who had admitted giving illegal gratification in the form of two Honda cars to Rehman Malik and these cars were later also recovered by the FIA.

He said the interior ministry was delaying his benefits for no reason and was asking time and again for production of different documents that had been repeatedly submitted but every time a new demand comes up.

Jhang resident Barkhurdar son of Raja Sarang and Tassawar Abbas who lodged an FIR No. 12/97 against the minister in Faisalabad, were approached by FIA officials for a compromise and they have surrendered.

Their surrender even turned out to be surprising for the judge of the special court hearing the case on February 18, 2010 as he called the complainants separately, inquiring about the reason of their surrender and the family head told the judge: “he had become too ill to contest legal battles any further.”

The minister was facing charges of registering false cases against private individuals from Jhang, for pressuring them to quit possession of more than 12 acres of land purchased by them in 1992, as the same land was subsequently got allotted by the minister in the name of his real sister, Noor Begum.

The minister’s staff officer again played an instrumental role as the complainant party submitted to his wishes when strings were pulled.

The petitioner Barkhurdar, a resident of Jhang, confirmed to The News they had withdrawn the case upon the intervention of “some common friend”. He also confirmed the judge hearing the case was curious about the withdrawal decision and he had told him that being a diabetic patient, he couldn’t afford legal battle like this.

Tasarruf Shah, Deputy Director FIA, Faisalabad, when contacted by The News denied playing any role in this case.

Tariq Malik, FIA’s deputy director, who has twice been demoted after he refused to temper with the record about charge-sheeting of the minister, has now been transferred to Quetta from Islamabad. But he told The News he would speak about it in a court of law.

Tariq being an FIA inspector had filed a source report in 1996 that led to the registration of an FIR No. 14/96 against Rehman Malik alleging that he received two Honda cars as bribe from Toyota Company.

The minister’s staff officer summoned Tahir Malik in the interior ministry six weeks ago and interrogated him on how he came to know about the cars and how was it a bribe. The staff officer then demanded of Tariq Malik to alter his statement to help Rehman Malik get acquitted from the court.

As Tariq refused he was told that times had changed. “I know times have changed and also know it is changing very fast,” he is said to have replied. However Malik had to pay for his defiance as he was demoted one down to an assistant director, a notification which was cancelled later by the secretary interior.

But in a space of two weeks, he was not only demoted again but also transferred to Quetta, a station that is seeing the pullout of all Punjabi FIA staffers after some of them were murdered there.

All these cases against Rehman Malik stand reopened after the revocation of the NRO but since the FIA is the executing agency it is lending crucial support to cover up the past cases against their current boss.

The News talked to many FIA officials for their versions in all these issues. The minister’s staff officer, Sajjad Haider, who has been accused of using strong arm tactics to temper record, remove it or facilitate compromises between parties disconnected the call when he was asked the question.

He was later sent a message stating his version is required and that he should attend the call but he did not. The minister’s phone also remained un-attended and message sent expressing the intention of the caller was not responded to.

Director General of FIA, Zafrullah Khan, when contacted to inquire about Tariq’s demotion said the interior secretary was the competent authority to do this. About his transfer to Quetta the DG said it was a routine matter. Secretary interior was not available for comments.

About the manipulation of record by FIA Peshawar office, DG FIA Zafrullah Khan referred this correspondent to speak to Inam Ghani, the director posted there. When contacted Director Inam confirmed that the record relating to the minister had been misplaced and it is being reconstructed but denied if they had tempered with the previous record.

The misplaced record is about a case in the Peshawar’s Court alleging Rehman Malik of fleeing abroad in 1998 while being on ECL. Sources say it is being manipulated though officially it has been misplaced. An FIR No. 62/98 was registered against the minister under the Exit from Pakistan (Control) Ordinance. The minister’s staff officer went to Peshawar for securing FIA’s help, official sources confided to The News.

An assistant director of the Passport Circle, refused to entertain his request. Then an inspector level investigator was assigned the task and he prepared a diary dated February 6, 2010, a report stating that the accusations against the minister were fabricated and that the minister was not informed that he was on the ECL.

As the court took up the case on February 10, 2010 and the case diary was presented, the court asked for the old record but it was told it has been misplaced. A deputy director (law) appeared before the court taking up the minister’s bail matter, instead of resisting the bail application, suggested to the court that he should be granted bail as denying this would amount to his humiliation, officials privy to development said.

In the case in which Rehman Malik continues to be a Proclaimed Offender, The News contacted Shuja Naveed, an FIA deputy director heading Special Investigative Unit (Islamabad). This case was instituted against the minister under FIR No.12/97 for registering a false case against one Dr. Mooeni, in which the minister had allegedly demanded Rs500000 through a journalist, named Dawood Ahmed Khawaja, Chief Editor Nai Roshni of Multan, whose affidavit dated 5/12/96 is on judicial record.

Shuja Naveed confirmed the court of special judge had sought details about what action has been taken against the accused and it has been informed that the record relating to the minister was shifted to NAB in 2004, hence they’re not responsible for any action.

Upon non-appearance, the minister was declared a Proclaimed Offender. Now when the court of a special judge has directed the FIA to intimate what action has been taken against the PO, the FIA has opted to remain silent.

A source close to the PPP, when contacted, declared all the cases against Interior Minister A Rehman Malik as bogus and politically motivated. He said at that time officials of FIA and other departments were forced to fabricate cases against Malik. These cases could not be further investigated because they had no foundation and were very weak.

He said the allegations about misplacement and tempering of the record by FIA officials had no truth. He said the staff had been asked to complete files with honesty. They had also been ordered to make investigations without any fear or favour.

Rehman Malik’s past being whitewashed

 

[ejaz007]

Mirza being forced not to appear in SC
Friday, May 14, 2010
By Ahmad Noorani

ISLAMABAD: Justice (retd) Aqil Mirza, former law secretary, whose resignation was accepted on Thursday after the Supreme Court summoned him again on Friday, is under extreme pressure of Law Minister Babar Awan not to appear before the court, sources close to the former secretary told The News.The sources were unaware of the fact whether Justice (retd) Aqil made a decision to appear before the five-member bench of the apex court or not on Friday morning.

However, they say, Justice (retd) Aqil himself wanted to appear before the court as does NAB Chairman Navid Ahsan who despite all the pressure from the law minister and different elements of the Presidency is ready to appear even if his resignation has been accepted.

He is ready to tell the apex court about the details of the steps taken by his bureau to implement the historic judgment on the NRO and hurdles being created in the smooth implementation of some parts of the judgment.

Sources close to the law minister say that Babar Awan was making all out efforts to convince all the summoned officials either to disappear from the scene or to present the Law Ministry’s legal view regarding the Swiss cases.

According to these sources, Awan did his best to get the chairman NAB fall in line but has failed so far. The chairman NAB is all set to disclose before the court the role of the ministries of Shah Mehmood Qureshi and Babar Awan in not sending the letter for the reopening of the corruption cases against President Asif Ali Zardari to the Swiss authorities.

When the news of the acceptance of the resignation of Justice (retd) Aqil Mirza was broken, senior lawyers present on the occasion opined that all the moves of the government clearly showed that it was ready for a full-fledged confrontation with the judiciary.

Mirza being forced not to appear in SC

 

[ejaz007]

LHC issues notice to President in dual offices case
Updated at: 1230 PST, Monday, May 17, 2010

LAHORE: Lahore High Court (LHC) on Monday issued notice to President Asif Ali Zardari in dual offices case and ordered compliance of the notice through the Principal Secretary to the President.

Pakistan Lawyers Forum and Asif Mahmood Advocate had filed identical petitions challenging president’s dual offices.

The court later issued notice to President for hearing of the case on May 27 and issued orders to dispatch the notice to the President through courier.

LHC issues notice to President in dual offices case

 

[ejaz007]

LHC upholds Rehman Malik’s conviction, Zardari pardons
Tuesday, May 18, 2010
President acts in no time on PM’s advice; Babar says interior minister was victimised for political reasonsBy Tariq Butt & Umar Cheema


ISLAMABAD: As a last resort to save Interior Minister Rehman Malik from imprisonment, President Asif Ali Zardari took no time to act and on Monday night granted pardon to him against conviction and sentence awarded to him by an accountability court of Rawalpindi in January 2004 in absentia under 31-A of the National Accountability Ordinance against which his appeal was rejected by the Lahore High Court (LHC) earlier during the day.

According to an Aiwan-e-Sadr press release received past midnight, presidential spokesman Farhatullah Babar said that the pardon was granted under Article 45 of the Constitution on the advice of the prime minister that was tendered late Monday night.

The release said Article 45 of the Constitution states, “The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or authority.”

Babar said that Rehman Malik was sentenced to three years imprisonment in each of the two references in absentia. He had filed appeals against his conviction, which, however, could not succeed. He said Rehman Malik has all along maintained that he has been victimised due to political reasons in his absence from Pakistan under a law specially crafted by Pervez Musharraf for the purpose of victimising political opponents.

Earlier, the National Accountability Bureau (NAB) took no immediate step to arrest Rehman Malik after the restoration of his conviction. “The NAB legal team will review the LHC judgment on the interior minister’s appeal on Tuesday,” a senior official source told The News in a rather casual tone. Under the law, it is the Interior Ministry that Rehman Malik heads that recommends cases of presidential pardon.

When contacted after the rejection of Rehman Malik’s appeal by the LHC, senior advocate, well versed in criminal law, Rab Nawaz Noon told The News that at this moment, the interior minister was a convict and police should arrest him as no convict could be a minister or a senator.

However, Noon, who is considered close to the Pakistan People’s Party (PPP), said that Rehman Malik could move the Supreme Court for the suspension of his sentence without being arrested. “He can take the plea that when the LHC restored his conviction, he was not arrested and has never been arrested.”

However, the other view was that the interior minister has to go to the Supreme Court, seeking suspension of the LHC judgment when he would be under arrest and handcuffed. Questions may be raised at the apex court why has he not been taken into custody despite the revival of his sentence by the LHC.

A senior official had apprehended that another Ahmad Riaz Sheikh, an NRO beneficiary, whom the government used every trick to protect, was in the making. He was arrested only after the Supreme Court directed Islamabad police to arrest him when he appeared before it.

Officials were sure that Rehman Malik was unlikely to be taken into custody in view of his official position and would be given time to file a revision in the LHC or an appeal in the Supreme Court to get the verdict stayed and subsequently set aside.

But a NAB official said on condition of anonymity that had such appeal of an ordinary person been turned down, NAB would have quickly arrested him from the courtroom. The interior minister happened to be in Karachi with President Zardari when the LHC handed down its ruling on his appeal. He consulted with the president and it was decided to resort to the presidential pardon as the only viable option to avert his arrest.

NAB spokesman Ghazni Khan offered no comment on NAB’s action in the wake of the dismissal of Rehman Malik’s appeal. The Director General of the NAB regional office in Lahore, Maj (retd) Shahnawaz, was not available for comments. He did not bother to return the call although a message was dropped in his office.

When contacted, NAB Deputy Prosecutor General (DPG) Chaudhry Sultan Mansoor expressed ignorance about the LHC decision on Rehman Malik’s appeal, saying he did not deal with it. Another DPG Raja Aamer Abbas of NAB said that the two corruption references, in which Rehman Malik was sentenced by the accountability court in absentia when he was in London and which the LHC upheld, continue as usual in a Rawalpindi accountability court.

In the NAB list of persons, convicted in absentia, handed over to the Supreme Court during the proceedings against the National Reconciliation Ordinance (NRO) in December last, figured the names of Rehman Malik, Begum Nusrat Bhutto, MB Abbasi, Sardar Mansoor Leghari, Inamur Rehman, Adnan Imtiaz, Mian M Rashid, Raheel J Qureshi, Sadiq Ali Khan and Ibrar Ahmed.

The NRO judgment said that conviction in absentia was a final order; therefore, no other forum can declare it as void except a judicial forum and that too by filing an appeal. It reads: “That it may be clarified that any judgment, conviction or sentence recorded under Section 31-A of the NAB Ordinance” [dealing with sentence in absentia] “shall hold the field subject to law and since the NRO stands declared as void ab initio, therefore, any benefit derived by any person in pursuance of Section 6 thereof is also declared never to have legally accrued to any such person and consequently of no legal effect.”

LHC upholds Rehman Malik’s conviction, Zardari pardons

 

[fatman17]

the courts will convict all these carpet-beggers and AZ will pardon them - this is the new game in town - what a country gora-sahib!!!!

 

[ejaz007]

DAG Amir Rehman sacked
Staff Report

LAHORE: The federal government on Monday removed Deputy Attorney General (DAG) Amir Rehman from his post.

Rehman was appointed the DAG in June 2008 by the Pakistan People’s Party (PPP)-led federal government. The Federal Law Ministry terminated Rehman’s services with immediate effect from July 1, 2010. Rehman received his termination letter on Monday, which contained no reasons for his sacking. The letter stated that his services were no longer required by the federal government, therefore, he was being dismissed from his post.

Daily Times - Leading News Resource of Pakistan