OPEN LETTER TO THE CHIEF JUSTICE OF PAKISTAN (CJP) AND OTHERS DISTINGUISHED DELEGATES, WHO ARE ATTENDING THE INTERNATIONAL JUDICIAL CONFERENCE, BEING HELD ON AUGUST 11 – 14, 2006 IN ISLAMABAD, PAKISTAN.
CJP and Distinguished Delegates!
The following press release was issued by the official spokesman of the Supreme Court of Pakistan, Mr. Asif Hussain Shirazi, PRO on 22ndJuly, 2006 which was published in all the English National Dailies and other local languages of Pakistan, which is reported as under:-
“A meeting presided over by the Honourable Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry, discussed the media arrangements for giving extensive coverage to the events of the four day “INTERNATIONAL JUDICIAL CONFERENCE”, with the theme “JUSTICE FOR ALL”, being held during August 11 – 14, 2006 in Islamabad in connection with Golden Jubilee Celebrations of the Supreme Court of Pakistan on completion of 50 years of its establishment.
Chief Justice, Mr. Justice Iftikhar Mohammad Chaudhry while presiding over the meeting said: “We want maximum coverage of the event aimed at apprising the people about the achievements of the judiciary in the past and its future plans. We want betterment and improvement of this institution for providing justice to countrymen.” He appreciated the role of media and observed that IT was the most important organ of the society.
Federal Minister for Information and Broadcasting, Muhammad Ali Durrani, Secretary Information Shahid Rafi, Ashfaq Gondal of PID, Managing Director Pakistan Television Corporation (PTV) Ashraf Azeem and Managing Director APP (Associated Press of Pakistan) Fazalur Rahman also attended the meeting. Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Mulk and director general of the Federal Judicial Academy were also present on the occasion.
During the meeting, CJ discussed in detail the arrangements with media managers to give maximum coverage to the mega and historic event in print and electronic media, which would help in enhancing the image of the nation, government and the judiciary.
Talking about the objectives of the conference, CJ said: “This conference will show to international community that we believe in rule of law and have application of laws in our country like other developed countries.”
Information Minister Muhammad Ali Durrani assured the Chief Justice that all possible measures would be taken to provide extensive coverage of the event through official media as well as feeding newspapers and private channels with required information.
Durrani asked the media chiefs to prepare a comprehensive plan to give the event a befitting coverage.
Secretary Information Shahid Rafi informed the meeting that a press centre would be set up for providing every possible facility to print and electronic media; Special supplements would be issued on the occasion and special programmes would be aired including debates and talk shows to highlight the event.
The Supreme Court Registrar Faqir Hussain briefed the meeting about the conference being organized for the first time in the country’s judicial history and informed that more than 60 delegates from all over the world including Chief Justices of different countries, justices, jurists and scholars would participate in the meeting.”
CJP and Distinguished Delegates!
This press release by the official spokesman of the Supreme Court of Pakistan in fact prompted me to speak the truth about the superior judiciary of our country especially with respect to the biggest theme “JUSTICE FOR ALL” and the Chief Justice of Pakistan (CJP) desires that “This conference will show to international community that we believe in rule of law and have application of laws in our country like other developed countries.”
CJP and Distinguished Delegates!
The truth is that “JUSTICE FOR ALL” is a mere slogan of the superior judiciary of our country and nothing is truth in it. I being citizen of Pakistan by birth and a political worker is morally duty bound to highlight the citizens point of view concerning the slogan “JUSTICE FOR ALL” before the honourable and distinguished delegates from all over the world through this open letter to all the delegates including the Chief Justice of Pakistan, so that the delegates can have a fair view points of the citizens of Pakistan, otherwise, the official media team of General Musharraf led by Information Minister Durrani and others would convey to the world and distinguished delegates in particular that all is going well in the superior judiciary of Pakistan.
In this open letter, I will narrate only those specific incidents and matters, which are utmost importance to all the citizens of Pakistan including me. The first one is the role of;
(I) JUDICIARY VIS-À-VIS ARMY:
Looking this specific aspect, every citizen of Pakistan knows that our superior Judiciary has never ever sided with the cases of the poor and downtrodden masses except that the present Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry after assuming the charge of CJP has taken suo motu notice of various cases and complaints of poor and downtrodden masses and some relief has certainly been granted to the aggrieved persons against police or other influential persons, otherwise, it always helps the military dictators to rule our country illegally. The every dictator’s action was justified by our superior Judiciary and none of the judgment of the Supreme Court of Pakistan in this context is appreciable, rather all judgments are deplorable in the eyes of our citizens. The rich people with the help of money get every type of judgments they like and whereas, the poor and middle class people are helpless and don’t get justice at all and spend their whole life in futile exercise in the hope of getting justice from these courts.
In our Constitution of Pakistan, 1973 copy of which can be seen on the website of http://www.pakistani.org/pakistan/constitution/ the Articles No. 17, 43 and 63 (k) clearly bars any Government employee that neither he can take part in politics nor he can contest the election but surprisingly, the superior judiciary of the Supreme Court of Pakistan knowingly everything allows General Pervaz Musharraf to continue as President.
CJP and Distinguished Delegates!
In the case of the Constitutional Petition No. 40/2004 as filed by the Communist Party of Pakistan against the Government employee like General Pervaz Musharraf , the Supreme Court of Pakistan did not dare to ask General Pervaz Musharraf that under what authority of law, he is ruling the country in contravention with the Articles No. 17, 43 and 63 (k) of the Constitution of Pakistan, which clearly bars any Government employee that neither he can take part in politics nor he can contest the election.
That during the hearing of the aforesaid Constitutional Petition No. 40 of 2004 against General Pervaz Musharraf from removing him from the office of President being a Government Employee, when brought to the notice of the Supreme Court Judges that the presence of a Government employee like General Pervaz Musharraf in the Presidency of Pakistan also contravenes and contradicts the principles of law enunciated by the Supreme Court in its earlier reported judgment 2004 SUPREME COURT MONTHLY REVIEW PAGE 164 titled “Engineer Jameel Ahmad Malik v Government of Pakistan etc” in which the Full Bench of the Supreme Court of Pakistan has held that the Government employees should neither take part in politics nor can even addressed a press conference in any capacity, so much so, vide that judgment participation in the functions of political parties, supporting the student’s agitations, discussing politics in offices, clubs, restaurants and other public places are prohibited for Governments servants and to discuss about the latest happening in the New World Order and geopolitical situation are not within the realm of the permissible limits of freedom of speech/expression for a Government servant but surprisingly the Judges of the Supreme Court, who were hearing the above referred Constitutional Petition silently ignored their own judgment.
CJP and Distinguished Delegates!
Is it not a negation of justice and double standard of superior judiciary of Pakistan? Certainly it is so. It is a highly discriminated judgment by the superior judiciary. A Civil Servant like me without gun and an Army Servant with gun like Musharraf has been discriminated in the Islamic Republic of Pakistan; otherwise, we both are Governments servants. I being a Civil Servant and duly elected President of the Pakistan Ordnance Factories (POFs) Officers Association was not allowed by the Supreme Court of Pakistan to even address the press conference concerning the problems and demands being faced to the employees of POFs at the hands of top managements of POFs and on the other hand an army man with gun is free to do any things he likes vide Supreme Court Judgment given in CP No. 40 of 2004. What a “JUSTICE FOR ALL” really”?
CJP and Distinguished Delegates!
During the hearing of Communist Party of Pakistan Constitutional Petition against General Pervaz Musharraf, I appeared-in-person and told the larger Bench comprising of five judges of the Supreme Court that one Retired Chief Justice of Pakistan Dr. Naseem Hassan Shah publicly admitted in one of its interview with Pakistan GEO Television programmed known as “Jawab-dah” broadcast in year 2004 that the superior judiciary of Pakistan cannot and could not give the right and correct judgment against military rule by Pakistan army, as on the day of judgment, the army men with guns are behind our corridors and due to fear of death, we can’t do justice. Retired Chief Justice of Pakistan also admitted that the death sentence given to Ex-Prime Minister of Pakistan Zulfiqar Ali Bhutto, the father of the Chairperson of the PPP and Ex-Prime Minister Mohtarma Benazir Bhutto was wrong and it was given because of the fear of those army men holding guns in their hands.
The judges after hearing these remarks given the impressions as they are free to give any judgment they like and they have no pressure from Army but after seeing the judgment in favour of General Pervaz Musharraf, one can easily see that what the Retired Chief Justice of Pakistan, Dr. Naseem Hassan Shah confessed in his old age before dying in his interview with Pakistan GEO Television is 100% absolutely correct.
The Distinguished Delegates, if interested can see the judgment of the Supreme Court of Pakistan in favour of General Pervaz Musharraf as filed by the Communist Party of Pakistan (CPP) on the website of Supreme Court http://www.supremecourt.gov.pk//judgment.htm titled “JUDGMENT ON 17TH AMENDMEND AND PRESIDENT’S UNIFORM CASE”.
CJP and Distinguished Delegates!
The above judgment of the Supreme Court of Pakistan — allowing President Musharraf to hold on to the post of chief of army staff — is exceptional. No normal functioning democracy allows one individual to occupy these two offices. This arrangement is an anathema to democracy because it hinders the autonomous growth of civilian institutions and processes and exposes the military — especially the senior command — to political controversies and secondly it discriminated two Government servants as above mentioned.
CJP and Distinguished Delegates!
The superior judiciary of our country, unfortunately, since independence is working and safe guarding the interest of Army and Military rule in our country, and the result is, that the continuous army rule in our country due to judgments in their favour by the Supreme Court of Pakistan under the pretext of so-called “LAW OF NECESSITY” has created unrest and poverty to the highest degree. The Pakistan Army with the help of these judgments from the Supreme Court of Pakistan in fact and actually assumed the role of a political party and is no more a professional army now and has adopted a role of monarchy to some extent in Pakistan. They have weapons in their hands on public exchequer and ruling Pakistan on one pretext or the other with the help of Supreme Court’s judgments, whereas the factual and ground reality is that the Superior Judiciary of our country and Pakistan Army in collaboration with each other are responsible for all the social-economic and political problems of our country.
(II) NO ACCOUNTABILITY FOR CORRUPT POLITICIANS: CASE OF AIR MARSHAL (RETIRED) ASGHAR KHAN AGAINST INTER SERVICE INTELLEGENCE’S (ISI’s) POLITICAL ROLE PENDING SINCE 1997 IN THE SUPREME COURT OF PAKISTAN:
CJP and Distinguished Delegates!
Eight Chief Justices of the Supreme Court of Pakistan have retired two of them unceremoniously, since a human rights petition (HRC 19/1996) of Air Marshal Asghar Khan, questioning the Inter Services Intelligence’s (ISI’s) role in national politics was instituted in 1996. The case still remains undecided and there is no indication that it will be taken up in near future.
On June 11 1996, Prime Minister Benazir Bhutto’s interior minister, retired Lt General Naseerullah Babar, announced on the floor of the National Assembly that the former chief of army staff, General Mirza Aslam Beg had, in 1990, during the run-up to the elections held that year, withdrawn an amount of Rs.140 million from Mehran Bank, handed it over to the Inter Services Intelligence chief, Lt General Asad Durrani, and asked him to suitably disburse the amount to a selection of anti-PPP politicians and thus rig the elections in favour of the ISI- tailored IJI and Nawaz Sharif.
Shortly thereafter Justice Shah received a letter from Air Marshal Asghar Khan, copied to the then COAS, General Jehangir Karamat, drawing his attention to the matter. On the basis of this letter, the attached press clippings and an affidavit signed under oath by Lt. Gen. Asad Durrani, a former head of the ISI. In this affidavit he has listed the names, with amounts, of those politicians who had been the recipients of the generosity of the ISI and to whom money had been paid, the Supreme Court decided to register a case under Article 184(3) of the Constitution.
The petitioner, Asghar Khan, requested that Beg, Durrani and Younus Habib of Habib and Mehran Banks be named as respondents. The ISI requested that the hearing be in camera and the court agreed to the request in so far as proceedings regarding the legal position of the ISI were concerned.
Hearings commenced in February 1997 and continued through the year. On November 6, the statements of Babar and Durrani were to be recorded, and Justice Shah recounts how his court was faced with the awkward question as to the law under which the ISI and its political cell had been set up. Beg’s counsel, the weighty Akram Shaikh, after fulsome praise of the agency and its great achievements – greater than those of RAW, the KGB or MI-5 – explained how the political cell had been established in 1975 under the orders of the then prime minister, Zulfikar Ali Bhutto.
The court asked the attorney general (Nawaz’s lawyer Chaudhry Mohammed Farooq) to provide the relevant documentation as to the scope of the activities of the political cell and to clarify whether, under the law, part of its duties was to distribute funds for the purpose of rigging elections. The AG, of course, wriggled out of that one by stating that the matter was of such a ‘sensitive’ and ‘delicate’ nature that it could not be heard in open court.
Asghar Khan’s lawyer, Habibul Wahabul Khairi, countered by saying that as the entire matter had been aired in the press, with all the names involved fully listed, there was little left to warrant in-camera proceedings, and besides, the people had every right to know how their money had been used and whether the use in question was permitted by law. The court, however, allowed the recording of Babar’s and Durrani’s statements and their cross-examination to be held in camera, which were done on November 19 and 20 of year 1997.
That was the last hearing of this important case. Eight days later, on November 28, 1997, the Supreme Court was stormed by men of the government of Nawaz Sharif. A group of judges of the Supreme Court (whose intention for some months had been to oust Sajjad Ali Shah) via a series of orders issued by the Peshawar and Quetta benches forced him to step down as chief justice. Sajjad went on leave prior to retirement and Justice Ajmal Mian took his place.
The Herald, the monthly magazine of ‘DAWN’ newspaper’s group, in its issue of April 2000, published a report by Mubashir Zaidi (‘Forging democracy’) which made a mention of Asghar Khan’s petition: “The case has since been heard and on October 11, 1999, just a day before the military overthrew the ‘heavily mandated’ Sharif government, the sitting chief justice, Saiduzzaman Siddiqui, announced that he had reserved judgment on the ISI case.”
The court had observed that prima facie the operations of the political cell of ISI were in conflict with Article 17 of the constitution.
Also our former Chief Justice of Pakistan, Sajjad Ali Shah, in his book ‘Law Courts in a Glass House’, (OUP 2001) touches upon the Inter-Services Intelligence department’s role in this country’s electoral process.
Justice Siddiqui, the presiding judge, now off the bench as he did not take the oath under the January 2000 PCO, confirms that he did make such an announcement. Before he could write his judgment, General Babar saw him in his chamber and prevailed upon him to send notice to and examine Farooq Ahmad Khan Leghari, Ex- President of Pakistan and now member of National Assembly, who had allegedly obtained Rupees 32 million from the defunct Mehran Bank and others mentioned on the lists before announcing his judgment. In the interest of justice, he ordered that the desired notices be issued.
Thereafter, the case was apparently ‘morgued’. The Chairman of Tehreek-e-Istiqlal and a well respected old politicians Air Marshal (R) Asghar Khan on several occasions reminded Saiduzzaman’s all successor like the then Chief Justices, Irshad Hasan Khan, Muhammad Bashir Jehangari, Nazim Hussain Siddiqui and the current Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry and requested them to take up the case but he received no response and case has been in cold storage since long.
CJP and Distinguished Delegates!
Is that how justice is supposed to work and can it be said that we believe in rule of law and have application of laws in our country like other developed countries?
The case still remains undecided and there is no indication that it will be taken up in near future and it seems to all citizens of Pakistan that the Supreme Court of Pakistan will fix this case after the death of Asghar Khan (God forbids) and then in legal terms, this highly important case would be then disposed of in so-called legal terms being infructuous now after his death.
So, the important issues remain unresolved. Those accused of the giving and taking of the people’s money for illegal and unlawful purposes (unless the relevant ISI law states otherwise) are prima facie guilty, but they have not been convicted and are free to rig and contest elections, possibly be elected and will be again allowed to rob the nation. Should the givers and takers not be brought to book and disqualified? There is still time and this case should be taken up by the Apex Court immediately after the conclusion of the International Judicial Conference in the interest of justice so that the citizens may have a faith in the superior judiciary of Pakistan, which presently they don’t have – it is submitted with utmost respect.
(III) MUKHTARAN MAI – THE WOMAN OF THE YEAR AS HONOURED BY GLAMOUR MAGAZINE OF UNITED STATES OF AMERICA IS REQUESTING FOR EARLY DECISION TIME AND AGAIN:
CJP and Distinguished Delegates!
Mukhtaran Mai, a 30-year-old woman who lives in the remote hamlet of Meerwala of Multan District in Pakistan, was brutally and publicly gang-raped in June 2002 by four volunteers on the orders of a village court, or jirga. She was punished for her brother’s alleged affair with a woman of an influential rival clan. They demanded Mai’s rape to avenge their “honour.” Mai’s family sat helplessly while she was dragged into a room, even as she screamed and pleaded for mercy. To further humiliate her, and make an example of those who would defy the power of local strongmen, she was paraded naked before hundreds of onlookers. Her father covered her with a shawl and walked her home.
Mai’s case is hardly unique in Pakistan. During the first seven months of 2004, according to the independent Human Rights Commission of Pakistan, at least 151 Pakistani women were gang-raped and 176 were killed in the name of honour. The vast majority of perpetrators go unpunished. Yet Mai refused to remain silent. She said she would rather “die at the hands of such animals” than “give up her right to justice” and pursued her case despite the threat of further violence. Against the odds, she won. The men involved in her rape have been punished and convicted but the reversal of the convictions by Multan Bench of Lahore High Court renewed international interest in the case, as did a decision earlier by General Pervez Musharraf, Pakistan’s president, to prevent Mai from traveling to the United States on the grounds that she might project a “bad image” of Pakistan. Musharraf lifted the ban after protests from the European and the U.S. government.
The Supreme Court of Pakistan realizing this fact that the gang rape case of Mukhtaran Mai has received worldwide attention, intervened in this case on March 14, 2005, staying orders of the Lahore High Court and the Federal Shariat Court (FSC) and deciding to hold its own hearing.
Taking suo motu notice, the then Chief Justice Nazim Hussain Siddiqui summoned the record of the case from the high court and the FSC within a week.
Notices were issued to Punjab Advocate-General Aftab Iqbal and the complainant. Bailable arrest warrants were issued against 13 accused that had been acquitted by the high court but later rearrested on the direction of the prime minister.
The Apex Court taking notice of reaction to the rape case of Mukhtaran Mai on June 18, 2005 has decided to start sifting the facts on June 27, 2005 to reach the truth and on 27th June, 2005, the government told the Supreme Court that the acquittal of five accused in the Mukhtaran Mai gang-rape case was based on wrong assumptions. “The Lahore High Court’s Multan bench judgment was purely based on conjectures as all the corroborative evidences were ignored,” Attorney-General Makhdoom Ali Khan said before the Supreme Court Full Bench hearing nine appeals and apex court’s own suo motu in the Mukhtaran Mai case.
The Supreme Court Full Bench comprising of Chief Justice, Mr. Justice Iftikhar Muhammad Chaudhry had asked the attorney-general to assist the court on the question if the Federal Shariat Court (FSC) could take up the matter by suspending the high court’s order of acquitting convicts involved in the Meerwala gang-rape case.
The attorney-general said the question of jurisdiction was also raised at the time when the Anti-Terrorist Court (ATC) initiated the Mukhtaran Mai trial.
Section 6, 7 and 32 of the Anti-Terrorism Act 1997 overrides Enforcement of Zina and Hudood Ordinance 1979, therefore, any appeal against trial court’s verdict could only be challenged before the high court and not the FSC, he said.
Citing a previous apex court judgment, he said the Supreme Court had held in the Mohammad Abbas case that convictions could be awarded even on the sole statement of a gang-rape victim.
In its decision, the three-judge panel did not rule on the merits of the case, but merely “accepted it for a hearing,” explained Aitzaz Ahsan, a Cambridge-educated lawyer and opposition member of parliament who is representing Mai.
The court will not take new testimony in the case but “will only reappraise and reevaluate the evidence that has already been submitted,” Ahsan said. “It is my belief as Mukhtar Mai’s counsel that the evidence if it is evaluated properly is sufficient to warrant convictions.”
CJP and Distinguished Delegates!
What ever legal position and interpretation is involved in Mukhtaran Mai case is the nation as a whole is not concerned with such interpretations. The nation as a whole of our country and the victim Mukhtaran Mai in particular wants its judgments as early as possible and she has been requesting the Apex Court to decide her case on priority basis. It is a legal proverb that ‘Justice delayed is Justice denied’. It is really and, indeed, a very serious human rights violations and severe gang rape and deserves fixation of this case out of turn even and moreover, this case has now become a test case of the Apex Court to protect the rights of women.
(IV) ELECTIONS LAWS IN PAKISTAN VIS-À-VIS ELECTION PETITION AGAINST PRIME MINISTER OF PAKISTAN:
The section 67(1A) of the Representation of the People Act, 1976 reads as under:-
“The Election Tribunal shall proceed with the trial of the election petition on day to day basis and the decision thereof shall be taken within four months from its receipt:
Provided that where the delay in the proceedings is occasioned by any act or omission of a returned candidate or any other person acting on his behalf, the Tribunal shall refer to the Commissioner that such candidate may be declared by the Commission to have ceased to perform the functions of his office either till the conclusion of the proceedings or for such period as the Commission may direct.”
CJP and Distinguished Delegates!
In real practice, the above quoted section 67(1A) concerning Election Laws only applied on those returned candidates, who are against the ruling party and whose elections has been challenged by the loser candidate of ruling party but where the election petition is against the ruling party, no Election Tribunal decide the case within four months for the reason best known to the Election Tribunal. Are these slogans that “JUSTICE FOR ALL” and “those we believe in rule of law and have application of laws in our country like other developed countries” is correct and true?
CJP and Distinguished Delegates!
My answer is simply “NO” when especially the Election Tribunal even doesn’t treat us equally and in this context, I will now quote a specific example of my election petition bearing No. 2 of 2004 seeking the disqualification of the Prime Minister of Pakistan, Shaukat Aziz, from the membership of the National Assembly of NA-59, Attock –III from he was elected and declared as returned candidate vide Election Commission Notification dated 20th August, 2004.
I was a rival candidate against him in the constituency of NA-59, Attock –III and so I challenged his membership of National Assembly by filing an election petition under section 52 of the Representation of the People Act, 1976 on the Ist of October, 2004 and I also submitted an affidavit on oath duly attested by the authorized person under law and my name is also included in the List of Witnesses provided to Election Tribunal as per law on this subject but even then the proceedings are arbitrarily delayed on one pretext or the other by the premier’s Counsel Barrsister Wasim Sajjad, Senior Advocate of the Supreme Court and Ex-Chairman of Senate and Law Minister and almost two years has passed since filing of my this election petition in year 2004.
I filed the election petition against the premier Shaukat Aziz on the following genuine grounds, inter alia;
“That various complaints one followed by an other were launched before the Returning Officer, Election Commission of Pakistan and with the Local Authority concerning the corrupt and illegal practices of Shaukat Aziz but none bothered to look into the genuineness of the complaint like (1) Shaukat Aziz is not an Ameen, sagacious, righteous and an honest person. (2) He is an American but concealing his nationality due to fear of disqualification from the National Assembly (3) He did not disclosed his assets correctly and concealed many of its assets in his Nomination Papers (4) He spent an amount of Rs. 30 Millions on his election campaign instead of Rs. 15 lac as allowed to the candidates contesting the election (5) 55 Numbers of Hoardings of Aero plane sizes were installed all over in NA-59, Attock -III and the most prominent hoardings were at Tarnol Bhattak (sponsored by Bahria Town) and Tarbela GT Road junction (sponsored by Faisal Zaman of Jahazoo wala group) having sizes 70 feet x 30 feet and even the banners, posters and stickers were of larger sizes and the wall chalking which was prohibited in the election was done by him on Tarnol Fateh Jang Road and all other places of NA-59, Attock -III (6) eight to ten numbers of vehicles comprising of car, wagon and rickshaw were hired on Rs. 1500 to Rs 2500 plus fuel expenditures for transportation of voters from home to polling stations and then back to home and there were 253 polling stations and almost 2500 vehicles were hired on money and used by him on the day of polling (7) the government servants and government machinery including the transports were used lavishly from 4th July to 18th August by him, Zila Nizam (R) Tahir Sadiq and all other concerned (8) the Tehsil Nazims of 25 union councils were bribed for the election campaign of Shaukat Aziz and given Rs. 10 to 15 Millions on the development schemes which otherwise are prohibited during the election campaign (9) that under the Constitution of Pakistan, 1973 and specially in the presence of the Notification of Election Commission dated 13th August, 2002, Shaukat Aziz was legally bound to resign first from the Finance Minister and then contest the election which he did not do so and misused his official positions of Finance Minster for influencing the electoral (10) he misused his office of Finance Minister and got very costly land such as an agricultural farm and plots in Islamabad in his own name and in the name of her wife in Karachi at a very cheap rate (11) the numbers of suicidal cases due to poverty has considerably increased during his tenure of Finance Minister from 1999 till now and even the economy of the country has not increased and the living of the down trodden masses has become miserable during his tenure of five years as Finance Minister (12) he paid a very small amount of income tax amounting to Rs. 15876/- during the last three years (13) the symbol of cycle cannot be allotted to him under the Election Laws but the Election Commission unauthorized and illegally allotted the symbol to him (14) he is responsible for the killing of the 13 innocent peoples and these peoples were killed as he was contesting the election from NA-59, Attock -III whereas the elections are taking place here in District Attock for the last more than one century but not a single person was killed ever and if he had not contested the election from NA-59, Attock –III, the life of 13 innocent people could have been saved (15) all the complaints of election violations were lodged by him with the Returning Officer, Local Administration and the Election Commission of Commission but all of them remained fully partial and did not carried out their duties as per election laws and the free and fair election by the Election Commission and the Returning Officer was just a slogan and nothing else (16) the premises of the Cadet College, Hasan Abdal was used for political meeting of Shaukat Aziz in contrary to all the rules and regulations regarding the sanctity of the educational institutions and this renowned institution was never ever used by any politicians for political purposes keeping the sanctity of this institution since 1954 (17) the premises of the government places like Punjab House and his official house of minister ship were used by him in Islamabad where he unlawfully addressed the political meetings for his election campaign of NA-59 (18) PTV, the news agencies of the government and the private newspapers and TV channels were all used for his election campaign ignoring all the election laws and code of conduct in this context (19) he was nominated the coming Prime Minister by General Pervez Musharraf and the ruling party of Pakistan Muslim League prior to his elected as a member of the National Assembly and this announcement was against all norms of ethics and election laws (20) he was selected for the premiership only and only to safe guard the interest of America in this region (21) he submitted a false and wrong return of election expenses to the Returning Officer of NA-59, Attock -III and concealed all his major expenses in his return of election expenses. Engineer Jameel in his election petition also vehemently stressed and concluded that the total amount of the expenses which was incurred by Shaukat Aziz during the bye-election was Rupees 2,84,00,000/- where as the premier had shown only Rupees 10,79,138/- in his return of election expenses as submitted by him on 19-8-2004 to the Returning Officer of NA-59. Engineer Jameel claimed in the instant petition that Shaukat Aziz had concealed an amount of Rupees two crore seventy three lac twenty thousand eight hundred sixty two in his return of election expenses and this sole reason is even sufficient for his disqualification from the membership of the National Assembly as no one can spend more than one million and five hundred thousand rupees u/s 49 of the Representation of the People Act, 1976. (22) Engineer Jameel in his election petition also claimed that Shaukat Aziz had violated the Articles 62 (f) and 63 (1)(c )and d) of the Constitution of Pakistan, 1973 and sections 42 (4), 49, 78 (1)(2)(3d)(5), 81(1)(e), 83(1)(b) & 83A(1)(2), 99(1)(f) & 99(IA)(c and d) of the Representation of the People Act, 1976 and the rules 3, 4, 7, 10 and 21 of the Code of Conduct for Political Parties for Contesting Candidates of 2002. (23) Notification of Shaukat Aziz as elected member of National Assembly from NA-59, Attock –III was issued by the Election Commission by ignoring all the genuine complaints against him and like other many others similar issues.”
Furthermore, I had collected and appended all the documentary evidences against premier Shaukat Aziz containing 743 pages and three videocassettes prepared during the election campaign and that out of 743 pages, 700 pages relate to documentary proof which comprises of newspaper cuttings, advertisements and other related documents which, according to him, proved the corrupt and illegal practices of the premier Shaukat Aziz beyond any shadow of doubt.
CJP and Distinguished Delegates!
Now, here the question arises that as and when the section 67 (1A) of the Representation of the People Act, 1976 bounds the Election Tribunal legally to decide the election petition within a period of four months from its receipt and my election petition was earmarked to the Punjab Election Tribunal headed by Mr. Justice Sayed Zahid Hussain of the Lahore High Court by the Election Commission of Pakistan in the first week of October 2004 and now nearly one year and ten months has elapsed but my election petition against the premier Shaukat Aziz has not been decided yet. Can in such circumstances and sphere, I yet believe that “JUSTICE FOR ALL” and “we believe in rule of law.” It is now for the Chief Justice of Pakistan and the distinguished delegates to see and decide that what appropriate remedy can be suggested and implemented in the cases of all the election petitions including mine pending against the members of the pro-Musharraf ruling elite and his party.
CONCLUSIONS AND PURPOSE OF THIS OPEN LETTER TO THE CHIEF JUSTICE OF PAKISTAN (CJP) AND ALL OTHERS DISTINGUISHED DELEGATES OF THE INTERNATIONAL JUDICIAL CONFERENCE:
CJP and Distinguished Delegates!
The nut-shell conclusions and the purposes of the above submissions addressed in the open letter to the Chief Justice of Pakistan and the others distinguished delegates and guests from all over the world, who are attending this International Judicial Conference in Islamabad, Pakistan are three folds, which are as under:-
Firstly – The Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry is humbly requested that instead of issuing me a contempt notice on my this open letter, CJP is humbly and graciously requested to kindly look into the grievances of an ordinary citizen of Pakistan, who has never ever opted to leave his country to Europe or America and prefer to earn his livelihood in Pakistan under even the worst circumstances, I had to faced but if I am discriminated in my own motherland at the hands of the superior judiciary, how I or other citizens can believe that this slogans that “JUSTICE FOR ALL” and “we believe in rule of law and have application of laws in our country like other developed countries.” is correct and true.
Secondly – It is said and also written in the Constitution of Pakistan, 1973 that Pakistan is an Islamic Republic and to my own knowledge and belief, the best and finest thing in Islam is its system of “ADL AND INSAF” (Justice and accountability) and it is on record of the history that an ordinary person was allowed to ask the Caliph Hazrat Umar Farooq-e-Azam that from he had taken an extra piece of cloths and the Caliph instead of punishing him fully explained and satisfied the complainant and in this spirit, the Chief Justice of Pakistan may kindly look into the genuine grievances of mine and other citizens of Pakistan, which are narrated as under and elaborated above in quite details:-
(I) JUDICIARY VIS-À-VIS ARMY:
(II) NO ACCOUNTABILITY FOR CORRUPT POLITICIANS: CASE OF AIR MARSHAL ASGHAR KHAN AGAINST INTER SERVICE INTELLEGENCE’S (ISI’s) POLITICAL ROLE PENDING SINCE 1997 IN THE SUPREME COURT OF PAKISTAN:
(III) MUKHTAR MAI – THE WOMAN OF THE YEAR AS HONOURED BY GLAMOUR MAGAZINE OF USA IS REQUESTING FOR EARLY DECISION TIME AND AGAIN:
(IV) ELECTIONS LAWS IN PAKISTAN VIS-À-VIS ELECTION PETITION AGAINST PRIME MINISTER OF PAKISTAN:
Thirdly – The distinguished delegates, who are attending the International Judicial Conference in Islamabad are also humbly and graciously requested to kindly put and exert moral pressure on the superior judiciary of our country on the eve of this International Judicial Conference being held in connection with Golden Jubilee Celebrations of the Supreme Court of Pakistan on completion of 50 years of its establishment so that the aims and objectives as highlighted by the Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry in his opening message and speech like “The term justice is not to be interpreted in a narrow and pedantic sense. It encompasses political justice, economic justice and social justice. No individual or a nation can attain optimum level or their potentialities in case of denial of either political, economic or social justice. True and unalloyed justice, transcends the boundaries of cast, creed, and colour. It is universal and for the entire mankind. This is the theme of all revealed religions and Allah the Almighty loves those who act equitably.” and “A moment of justice delivered is far valued than sixty nights of worship” said Prophet (P.B.U.H) can thus be practically fulfilled as desired by the Honourable Chief Justice of Pakistan.
With regards to the Chief Justice of Pakistan and all others Distinguished Delegates, who are
attending the International Judicial Conference in Islamabad.Yours respectfully,
Sig/-
(Engineer Jameel Ahmad Malik)
CHAIRMAN.
Communist Party of Pakistan,
Communist Party Secretariat,
1426 – Fateh Jang Chowk,
Attock Cantt, Pakistan.
Dated: 11th August, 2006.
Office: 0092-57-2611426
Res: 0092-57-2701353
Fax: 0092-57-2612591
Mob: 0092-300-9543331
E-Mail: aitnet04@atk.comsats.net.pk