Fasih Bokhari takes over as NAB chief

ISLAMABAD: Former chief of Pakistan Navy, Admiral (retd) Fasih Bokhari, was formally notified as chairman of National Accountability Bureau (NAB) on Sunday despite objections raised by the opposition PML-N that the legal process required by the Constitution had not been followed in his nomination for the post.

The new chairman assumed charge of his office late in the night, sources told this correspondent.

With the appointment of Admiral Bokhari to the post which had been lying vacant since the removal of Justice (retd) Deedar Hussain Shah in March this year, the premier accountability organisation of the country became functional again after three months of inaction.

A notification of the law ministry signed by the president said: “The president of Islamic Republic of Pakistan has been pleased to appoint Admiral (retd) Fasih Bokhari as Chairman National Accountability Bureau in terms of section 6(b) of National Accountability Ordinance 1999, with immediate effect.”

But the PML-N rejected the decision and indicated that it might challenge the appointment in the Supreme Court.

“We believe that the government has taken the decision in haste as President Zardari did not give a satisfactory reply to a letter written by the Leader of Opposition, Chaudhry Nisar Ali Khan, after thorough consultations with opposition party’s legal team,” said PML-N spokesman Mushahidullah.

The notification was issued after former law minister Babar Awan had met President Asif Zardari, the sources said.

Mr Bokhari is the fifth NAB chairman belonging to the armed forces. Earlier, NAB chiefs from the military were Lt-Gen Amjad Hussain, Lt-Gen Khalid Maqbool, Lt-Gen Munir Hafiez and Lt-Gen (retd) Shahid Aziz.

The two civilian heads of the bureau are Navaid Ahsan and Justice (retd) Deedar Hussain Shah.

Under the NAB Ordinance, the government is required to hold consultation with the Leader of Opposition in the National Assembly for the appointment.

President Zardari had sent a letter to Chaudhry Nisar on Oct 9 seeking his consent for the appointment. Chaudhry Nisar replied on Friday, raising objections to the appointment on technical grounds.

He asked the government to prepare a list of possible candidates for the office of NAB chairman and hold ‘meaningful’ consultations with the opposition.

“Mr President, if the objective of the entire exercise is to select a nominee with impeccable reputation, integrity and credibility and unquestionable impartiality, there is no reason whatsoever for hesitation on the part of the government to engage with the opposition in a thorough, concrete and meaningful consultation.”

When contacted, President’s spokesman Farhatullah Babar said the president had appointed Admiral (retd) Bokhari as NAB chairman on the advice of Prime Minister Yousuf Raza Gilani.

Responding to a question about the opposition’s response, he said: “President Zardari, in his reply to the Leader of Opposition, had addressed all objections raised by Chaudhry Nisar and now the issuance of notification was a mere formality.”

President Zardari in his reply to the Leader of Opposition on Saturday said: “The sense of various judgments of superior courts is that the consultation shall be meaningful and for this purpose there is no necessity of sending a panel of nominees.

“Therefore, meaningful consultation can be done even on a single person and for that purpose you are taken on board quite candidly. Sending of a panel for consultation does not have any legal cover as well, there being no legal requirement as such. I have consulted the Leader of the House in the National Assembly on the subject who has concurred to the proposal.”

Admiral Bokhari is a retired four-star naval officer who served as Chief of Naval Staff from 1997 to 1999.

Admiral Bokhari is a graduate from the French Naval War College and served on several high posts during his tenure at the Pakistan Navy.

Source: http://www.dawn.com/2011/10/17/fasih-bokhari-takes-over-as-nab-chief.html

Judiciary checks arbitrary exercise of power, says CJ

ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry said on Thursday that judiciary as an institution could never be independent unless individual judges remained impartial.

“The judges are pillars of the judicial institution and are expected to avoid such words, actions and situations that might make them appear prejudiced and disrespectful to the oath they are sworn to abide by,” the chief justice said while speaking at a full-court reference held to bid farewell to the retiring SC judge, Justice Mahmood Akhtar Shahid Siddiqui.

He said judiciary had never encroached upon the domains of the executive and legislature since both were independent in their spheres. “There can, however, be practical issues where the perspectives of judges can be of help to the executive and the legislature.”

The role of judiciary is not that of opposition to the other two organs of the state; it rather places a check on the arbitrary exercise of power by any institution or functionary of the executive. Otherwise, he said, the three organs had the same objectives of ensuring constitutional supremacy, rule of law, fair administration of justice and protection of people’s rights.

Justice Iftikhar, however, said judiciary had to be resolute in upholding the rule of law and the canons of justice in accordance with constitutional norms. He said Pakistan was at a crossroads because of natural calamities and internal and external threats. “At this juncture, we should fulfil individually and collectively responsibilities and obligations enshrined in the teachings of Islam, which are primary sources of the law of land.”

The chief justice paid tributes to Justice Shahid Siddiqui and acknowledged his service and contributions to the cause of justice.

He asked lawyers, clients and witnesses to refrain from unjust criticism of judges and judiciary, saying the bench, bar and litigant public were all part of the same judicial system. “They have to work in collaboration with one another in order to achieve the objectives of justice and establish peace and tranquillity in society.”

The chief justice said: “Establishing justice in society is not merely a voluntary endeavour. In Islam, justice among people is a divine attribute, which is considered as one of the most sacred and important obligations. The vision of Islamic society cannot be fulfilled if it was not based on justice, equality, tolerance and freedom.”

He said Pakistan being a democratic state was based on Islamic principles of social justice wherein the state was responsible to establish justice and eradicate all forms of oppression, transgression and tyranny.

Justice Shahid Siddiqui said the task of a judge was by no means easy. The balance of the civilised world is maintained by his independence, fearlessness and courage to apply law without fear or favour.

“It is impossible for a judge to please anybody at all. He has a duty to decide in accordance with the law. He has a duty to be fearless. He must be free from the influence of those who wield power. If a judge fails in his duty, there is nothing left to be
saved,” Justice Siddiqui said.

After the SC verdict BY I.A Rehman

AS expected the Supreme Court decision on the killings and disorder in Karachi has had a mixed reception. While most commentators have welcomed the court`s directives, some have expressed disappointment that all those found responsible for heinous acts of commission and omission have not been strung up the electricity poles.

The former group includes many professional hailers of authoritative proclamations and quite a few who are happy that their political rivals have been nailed. Undeniable is the fact that what many thought was the problem in Karachi has been confirmed by the highest judicial authority. The debate will now be conducted with reference to judicially verified facts and not on the basis of the various interested parties` perceptions. This is no doubt a major gain.

Those who expected more concrete rulings perhaps do not realise that the Supreme Court must function within the parameters fixed by the law and procedure. It was not hearing a petition/appeal relating to a specific occurrence the parties to which had been duly arraigned. In the instant case, the court was acting more or less as a commission of inquiry, and its findings, in the nature of directives, should not be fruitless.

That these findings are already having a sobering effect not only on the federal and provincial governments, that are easy prey, but also on other gladiators cannot be ignored. However, the court`s major recommendations demand not only longer-term initiatives but also a firm effort to look beyond the symptoms and attack the disease at the root. hartal

Take the advice to political parties to purge themselves of criminal elements. It is easy for political parties to release lists of members deprived of offices or expelled and say that criminals have been thrown out, though their fall from grace may have been due to less noble causes. The problem arises when party cadres carry out criminal acts under orders from their bosses, such as creating disorder, burning vehicles to enforce , thrashing rivals, or collecting protection money.

Such matters demand a two-track strategy. The administration needs to rediscover its capacity to deal with crime according to the law, regardless of the identity or sociopolitical clout of the offender. At the same time, the political parties have to be persuaded to follow the elementary code of ethics.

More important than the weeding out of criminal elements is the need to get the political parties` militant wings disbanded. Democratic opinion is unlikely to support the idea of political parties being banned subject to the Supreme Court`s approval because this procedure has been abused in the past. But there can be no objection to obliging political parties to dissolve their wings/cells that are used for intimidating citizens or subjecting them to violence.

There is perhaps need to reinterpret Article 256 of the constitution, even to broaden its scope. The article says: “Private armies forbidden. No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal.”

The military organisations operating in the tribal areas, including those that are not fighting the army or are friendly to it, are obviously covered. But there is need to strengthen the laws to bring under the prohibitory provision formations that do not wear uniforms, do not carry arms all the time and do not have military-like hierarchies, but which can be used as armed bands for the furtherance of political aims through use of violence or threats of its use. bhatta

Much has been said about land grabbers and extortionists. No leniency should be shown to lawbreakers in either of these categories. But it is necessary to address the factors that cause the rise of land grabbers and collectors. It is absolutely essential to create smooth, efficient and inexpensive mechanisms for meeting the legitimate demands of the people, especially the poorer sections, such as a piece of land for living, access to utilities, reasonable guarantees of security, et al.

A large number of people need protectors and patrons because they cannot otherwise buy an airline ticket or cannot bypass the queue outside banks for paying bills, or cannot get a fine for a traffic violation waived. Something has to be done to eradicate the culture of dependence on intermediaries where none should be needed.

Nobody can possibly take exception to the direction that the police in Karachi (indeed throughout Pakistan) should be depoliticised. This does not mean only that recruitment to the police force and posting/transfer/promotion should not be done on political considerations. Difficult though this task is, it can be achieved by non-partisan superiors in service and elective offices both.

However, the fact is that even politically neutral police officers lose their way in a social milieu dominated by people who wield huge influence either because of their social status (landlords, industrial barons) or their political clout (ministers, MNAs, MPAs). These people cannot be defied by most state employees. Eventually, the police and executive officers will be truly depoliticised only when the long-delayed social reform takes place.

Likewise, the people wholeheartedly support the call for deweaponisation. All political parties also concur but there is considerable evidence of hypocrisy in their statements because most parties want only their rivals to be disarmed. Besides, deweaponisation is often understood as surrendering and confiscation of illegal weapons only.

There is a direct nexus between an increase in licensed arms and a proliferation of illicit weapons. Whenever an influential person gets a licence for a prohibited bore weapon, the outlaws in the area try to buy rockets. No deweaponisation campaign will succeed unless restrictions are placed on the grant of arms licences.

Then the question will arise of how to satisfy people who acquire arms to defend themselves because the police cannot protect them. Thus deweaponisation efforts will succeed in proportion to a visible improvement in the law-enforcement agencies` capacity to protect the people`s life and liberty. It will also be necessary to revive the old rule under which law-enforcement personnel can use only weapons and ammunition officially issued to them and they cannot use personal weapons (many of which these days could be illegal).

Finally, the Supreme Court hearings on Karachi have once again vindicated the system of suo motu proceedings, though no such vindication was necessary. One shudders to imagine what life might have been if the judiciary did not use its suo motu powers to rein in the wild ones in authority or to chastise the wayward.

At the same time, the case has underlined the axiom that such powers are most effective and beneficial if sparingly used. Perhaps in this case the people felt the outcome fell short of their expectations that had been pitched high in a climate of media hype that always does more harm than good. The honourable judges cannot be unaware of the adverse effects people`s perceptions can have on the standing of essential institutions. In this regard, too, the case may have produced a welcome result.

Source: http://www.dawn.com/2011/10/13/after-the-sc-verdict.html

Ex-naval chief Bokhari named to head NAB

ISLAMABAD: President Asif Ali Zardari named on Sunday Admiral (retd) Agha Fasih Bokhari, former chief of Pakistan Navy, as chairman of the National Accountability Bureau (NAB) to fill the office lying vacant for several months and make the country’s premier accountability organisation functional.

The nomination of Admiral Bokhari surprised many observers in the capital because some other persons were reportedly being considered for the post. The NAB became dysfunctional on July 20 on the orders of the Supreme Court which said that the organisation could not function in the absence of a chairman.

“President Zardari has nominated Admiral Bokhari and sent a summary to Prime Minister Yousuf Raza Gilani for his appointment as NAB chairman,” President’s Spokesman Farhatullah Babar said.

“The president also sent a letter to Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan for consultation as required in the NAB ordinance,” he said. Sources said the law ministry had sent a summary nominating Admiral Bokhari for the post to Prime Minister Yousuf Raza Gilani a few days ago.

The prime minister accepted the summary and forwarded it to the president for approval. Under the NAB ordinance and directives of the apex court, the government has to consult the leader of opposition over the appointment of NAB’s chairman.

The leader of opposition has not taken any decision on the issue, but his party’s spokesman Mushahidullah said the opposition party would not accept the decision because NAB’s chairman should be a non-political person.

He also levelled allegations of corruption against the retired admiral. However, he later withdrew the allegations and said he had confused his name with that of another former Navel Chief.

The PML-N spokesman said his party’s leadership would hold a meeting to discuss the nomination.

He did not confirm that Chaudhry Nisar had received a letter from the president in this regard and said that his party would respond in accordance with the constitution.

It may be mentioned that the leader of opposition had rejected the name of Justice (retd) Syed Deedar Shah for the post but despite that the government appointed him as NAB chairman in October 2010. But three months later Justice (retd) Shah was removed by the Supreme Court which said he had been appointed without ‘meaningful’ consultations with the opposition.

Earlier, the government was considering the names of recently retired judges of the Supreme Court, Justice Javed Iqbal, Justice Sardar Raza Khan and former chief justice (retd) Abdul Hameed Dogar and Punjab Governor Latif Khosa for the office.

But all these names were dropped in favour of Admiral (retd) Fasih Bokhari who retired as four star naval officer after serving as Chief of Naval Staff from 1997 to 1999.

He is a graduate of the French Naval War College and held several high posts in the navy.

The post of NAB chairman has been lying vacant since the removal of Deedar Hussain Shah in March this year.

NAB suspended its operations on July 20 after the expiry of the 30-day deadline given to the government by the Supreme Court to either appoint a chairman or wind up the organisation. The government ignored the deadline and pleaded in the apex court that it could not appoint NAB chairman till the apex court decided its petition seeking a review of the removal of Justice Shah.

The Supreme Court rejected the government’s plea and ordered that its June 21 judgment would prevail (under which 30-day deadline was given).

On June 22, a three-member bench comprising Justice Javed Iqbal, Justice Khilji Arif Hussain and Justice Asif Saeed Khan Khosa, disposed of a constitutional petition filed by Al-Jehad Trust challenging the appointment of Javed Kazi as deputy chairman of NAB and told the government that if it failed to fill the vacant posts of the bureau’s chairman and prosecutor general in one month, the deputy chairman would be barred from exercising the delegated powers of NAB chairman and the bureau would become non-functional.

Source: http://www.dawn.com/2011/10/10/ex-naval-chief-bokhari-named-to-head-nab.html

SC blames federal, Sindh govts for Karachi bloodshed

ISLAMABAD: The Supreme Court announced on Thursday an overarching judgment on the law and order situation and target killings in Karachi and criticised both the federal and Sindh governments for their failure to ensure peaceful economic activity in the city. It termed the “unimaginable brutalities” a result of a turf war aimed at keeping socio-political control over the city.

Authored by Chief Justice Iftikhar Mohammad Chaudhry, the verdict which may have a sobering effect on almost all forces involved in the violence, made it clear that the court would continue to keep a watchful eye and strike down any illegal pressures or orders brought to its notice.

The 152-page voluminous judgment said the court expected a new culture of independent, de-politicised and non-partisan prosecution to aid and assist courts.

It asked the federal and provincial governments to exert efforts in the interest of the nation and the country and warned that any further failure to protect the lives and property of citizens would cause unprecedented disaster.

The court ordered elimination of ‘no-go areas’ in the city and asked political parties to denounce criminal elements in their ranks. It directed the authorities to work for de-weaponising the city and the Election Commission to delimit constituencies.

The verdict called for new laws to deal with the menace of land-grabbing, creation of an independent and a de-politicised investigation agency to investigate crimes, setting up of a special cell to deal with illegal immigrants, collection of facts about disappearance of police officers who had taken part in the 1992 and 1996 Karachi operations and payment of compensation to the victims.

The verdict specifically mentioned the confessional statement of Ajmal Pahari who had killed 100 people and got weapon training in India and asked the federal and provincial governments to ensure smooth running of economic and commercial activities.

About the demand for banning some political parties, including the Muttahida Qaumi Movement, the chief justice said the issue did not come under the court’s domain. However, he pointed out that it was the duty of the federal government under Article 17 (2) to make a declaration about any political party working against the sovereignty or integrity of the country and refer the matter to the Supreme Court within 15 days of such a declaration. The court’s decision on such reference would be final.

The verdict cited a report of the Special Branch of police which said that ‘bhatta’ (extortion money) was being collected invariably by people who claimed their association with the Awami National Party, MQM, Pakistan People’s Party, Jamaat-i-Islami, Sunni Tehrik and banned outfits.

“They (citizens) are so frightened that none of them comes forward to lodge a report, rather prefer to pay bhatta or unhesitatingly agree to hand over their valuables. The whole city seems to be in the grip of fear,” the judgment lamented.

The verdict ordered formation of a committee headed by the SHC chief justice and assisted by the chief secretary, heads of security agencies, including paramilitary organisations, and Inspector General Police to supervise and ensure indiscriminate and across-the-board action by law-enforcement agencies against elements disturbing peace in Karachi.

The SHC chief justice will convene meetings of the committee at least once a month to review implementation of the SC verdict and send its recommendations to the SC registrar for appropriate orders, if needed, at a later stage.

The verdict asked the government to ensure smooth running of economic and commercial activities in the city by taking steps against illegal shutter-downs and strikes which paralysed normal life of citizens and caused losses of billions of rupees in one day.

“Therefore, the government and political parties should evolve a respectable way out to avoid such a situation in future.

Violence in Karachi this year as well as in the past was not ethnic alone, but a turf war between different groups having economic, socio-politico interest to strengthen their position or aggrandisement, based on the phenomenon of tit-for-tat with political, moral and financial support or endorsement of political parties claiming their representation on behalf of public of Karachi, including components and non-components of the provincial government,” it said.

The verdict said: “The recent violence in Karachi represents unimaginable brutalities, bloodshed, kidnapping and throwing away dead bodies and torsos in bags; as illustration, indicating toll of 306 lives in one month; detection of torture cells video; receiving bhatta to strengthen the ranks of one group against the other; grabbing land; drug mafia, etc, destroying moveable and immovable properties of the citizens, establishes that the fundamental rights of the citizens enshrined in Articles 9, 14, 15, 18 and 24 of the Constitution have not been protected by the provincial government.

“This failure has made the lives and properties of the citizens insecure; the federal government also failed in protecting Sindh against internal disturbance while the Sindh government also failed to carry out functions in accordance with the provisions of the Constitution.”

The judgment asked the provincial and federal governments to find out solutions within the Constitution for which police force, being principal law-enforcement agency, would have to be de-politicised and strengthened so that they could, with full commitment, dedication, zeal and zest, perform their bounden duty. “Unless there is a de-politicised police, the situation of law and order is likely to become more aggravated, no sooner the assistance of Rangers is withdrawn.”

The verdict deplored that criminals had succeeded in making their ways into political parties, notwithstanding whether they were components or non-components of the government, and were getting political and financial support allegedly from such parties.

“Therefore, the political parties should denounce their affiliation with them in the interest of the country and democratic set-up. They should not allow them to use their names as militant outfits of the political parties. Failure to do so may entail consequences of a penal nature against the party or person responsible, whether in office or not.

“To avoid political polarisation and to break the cycle of ethnic strife and turf war, boundaries of administrative units like police stations, revenue estates ought to be altered so that members of different communities may live together in peace and harmony, instead of allowing various groups to claim these particular areas as no-go areas under their fearful influence,” it said.

The verdict asked for delimitation of different constituencies to make Karachi a peaceful city and said the Election Commission might initiate the process in this respect on its own.

It stressed the need for providing equal opportunities to different communities to participate in economic and commercial activities, instead of confining them to different political groups on the basis of parochial, racial, tribal, sectarian, partisan and provincial prejudices.

“Karachi is full of arms and ammunition of prohibited and non-prohibited bores, including licensed and illicit,” the verdict deplored and asked for cleansing the city of all kinds of weapons by adhering to the laws available on the subject and, if needed, by promulgating a new legislation.

“All licensed arms genuinely required for security purposes and personal safety should be registered with Nadra. Multiple licences issued in the name of one individual (as distinct from security firms) if not justified should be cancelled after summary and expeditious proceedings. Display of arms at ceremonies or elsewhere for aerial firing should also be banned in the same fashion.”

The judgment asked for a comprehensive law to eliminate and punish land-grabbers and encroachers. “This is one of the Karachi’s greatest problems. It is the overall duty of both governments (federal and provincial) to formulate laws and implement them without showing favour or immunity to any person whether a political favourite, ally or for any other personal or party consideration.”

The judgment asked for strict monitoring of criminal cases and appointments of presiding officers in anti-terrorism courts without any delay.

“Since innocent citizens have lost their lives and valuable property, both moveable and immovable, the provincial government should constitute a commission to assess the losses and compensate to the sufferers without partisan consideration as early as possible.”

The court ordered elimination of ‘no-go areas’ in Karachi and, if found any, the provincial government might ask Rangers to take strong and decisive action to eliminate it. “Moreover, if such an area is proved to be existed to the satisfaction of the court, it may require the IGP himself and, if necessary, the Rangers DG, to personally lead the operation in such areas.”

The verdict expected that police and Rangers would carry out the ongoing operation across-the-board without showing favour to anyone and without being influenced by any quarter, be it political or otherwise. “In case they are asked to obey any illegal orders, or to show leniency to any criminal, it will be their duty to bring it to the notice of the apex court.”

The court ordered establishment of an independent and depoliticised investigation agency to probe cases fairly, honestly and without being influenced in any manner.

“The provincial government must provide protection to the witnesses so that they may depose against the perpetrators of
crimes without any fear, enabling the courts to decide cases against them in accordance with law. The prosecutors,
particularly for the ATC, should be appointed in a highly transparent manner. Appointments of prosecutors are required to be undertaken without any political whims and considerations.”

The verdict required the DG Rangers and the IGP to set up a special joint cell with specialised officers and experts, along with sufficient manpower, to visit areas and identify illegal foreigners so that they might be dealt with strictly in accordance with the law after a proper hearing and opportunity to present proof of their citizenship. They should attempt to conclude this exercise preferably in one year.

The IGP is also required to collect the record and facts about the disappearance or elimination of police and other officials who had taken part in the Karachi operations of 1992 and 1996 or were witnesses to ethnic or related crimes. The police chief was asked to present a report in this regard to the court in one month, showing if their families had been compensated.

The provincial government is required to place on record copies of all judicial inquiries instituted in the matter of law and order in Karachi since 1985. “These shall be retained for perusal and for any necessary action or appraisal of the situation at any time in the future,” the verdict said.