Article By Renowed Writer Akhter Sardar Ch about my law Book.. Regards Ashraf Asmi

Article By Renowed Writer Akhter Sardar Ch about Law Book of Ashraf Aasmi  

Who Will Bell the Cat?.... Judiciary...... Article By Ashraf Aasmi

Who Will Bell the Cat?.... Judiciary

  At last , judiciary  has decided to take action against corruption of  general Musharaf.This thing shows that now the Judiciary has decided to eradicate the corruption in the country without discrimination of civilian or army men.  Indeed army , may have reservations regarding  to take action against its Ex. Chief, but it is the need of the hour, at least politicians and  ex military dictator should be equally trail by the court of law.For this a petition has been moved in Islamabad High Court, the IHC had ordered to NAB to take action against the corruption of the Musharaf. Here is details of the proceedings of the court.

The Islamabad High Court yesterday directed the National Accountability Bureau (NAB) to investigate former president and army chief General (retd) Pervez Musharraf for allegedly accumulating assets beyond his known means of income.A division bench of IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb conducted hearing of the petition moved by Inam-ul-Rahiem Advocate who sought court’s direction for initiation of a reference against Musharraf. He also prayed the court to restrain Musharraf from alienating and disposing of his assets and properties till the final disposal of this petition.In his petition, Inam cited NAB chairman and former president Musharraf as respondents.The dual bench declared in the verdict that the former military dictator was amenable to be proceeded, investigated, tried and convicted under the NAB Ordinance of 1999 if there was evidence that he committed an offence.The court stated that Musharraf can be tried because of “two eventualities; firstly, for holding the constitutional post of the President of Pakistan and secondly, clause (vi) of section 5(m) of the Ordinance of 1999 is attracted because he had resigned and stands retired from the Armed Forces of Pakistan.”The verdict said, “Across-the-board accountability is an onerous statutory obligation of the Bureau under the mandate of the Ordinance of 1999.” It added, “Public trust and confidence is the hallmark of effective and result-oriented accountability.”Justice Athar, who had written the verdict, noted, “It is the duty of the bureau to consider any information or complaint laid before it by a citizen and then to fulfill its statutory obligations by proceeding under the Ordinance of 1999 in a fair and transparent manner without fear or favour.”The judgment said that the bureau was empowered to consider the complaint of the petitioner and after such consideration if it is of the opinion that an offence under the Ordinance of 1999 is prima facie made out, then it will become a duty of the latter to proceed to inquire, investigate and take all other steps mandated under the Ordinance of 1999.”Answering a question on whether the bureau has jurisdiction to inquire into or to investigate the alleged offences of corruption or corrupt practices against Musharraf, the court said that a member of the Armed Forces who has also been president of Pakistan cannot claim immunity or exemption from being subjected to the Ordinance of 1999.Likewise, it added, a member of the Armed Forces after retirement or resignation becomes exposed to being proceeded against under NAB laws because the immunity ends upon the end of service.The verdict maintained, “We are satisfied that the Bureau has indeed erred in misinterpreting the provisions of the Ordinance of 1999 by refusing to consider and entertain the complaint, which had been filed by the petitioner.”  Subsequently, the court declared NAB’s letter of April 25, 2013, as illegal.In this petition, Advocate Inam adopted before the court that the petitioner filed a complaint to respondent no. 1 for initiating a reference against respondent no. 2 supported by the documentary evidence in the form of Musharraf’s declarations made in his election papers when he appeared as candidate for National Assembly.He added that as the respondent no. 2 was holding the office of Chief of Army Staff as well as President of Pakistan and in that capacity he was duty bound to defend the motherland and protect the lives of his countrymen. However, he by violating his oath, got his own countrymen and fellow Muslims abducted and sold them to Americans.The petitioner stated that instead of taking any action under the law, the respondent no. 1 returned back the complainant without any action.He argued that the point of view of NAB was totally incorrect, illegal and mala fide as corruption was never defined as an offence in the Army Act. The present Army Act which was inherited from Colonial Masters and even the framer of that act could never imagine that any army person that of a General and Chief of Army Staff could be so corrupt that he could sell his own people for monetary gains.He contended that under the NAO 1999, the respondent no.1 was legally bound to proceed as per the law laid down against the wrongdoer (who was holding the public office) when the complaint had been made but the respondent No. 1 did not act in accordance with law.Therefore, advocate Inam prayed that a writ may kindly be issued directing the respondent no.1 to proceed against Musharraf in accordance with law and to submit report before the court in respect of findings arrived at by the Respondent No.1 regarding the complaint/ reference filed by the petitioner.The court proceedings shows, now it is the best time to take action against corrupt Mafias , so it is no the duty of the court to take action against all corrupts emelments those looted dear homeland, with any discrimination, it can be termed as ray of hope for the people of Pakistan.

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Columnist is the practicing Lawyer. 

People are best judge and see everything ..Article By Ashraf Aasmi

        

People are best judge and see everything

Article By Ashraf Aasmi

            

T

he people of Pakistan are witness; the present rulers are playing game with judiciary. No doubt in the past, the Judiciary has opted the path of compromises, but it is not 90,s 80,s era, now the nation has flood of information , so there is a drastic change in the behavior of the  masses  because of social media. Now nothing cannot  be concealed. The present condition has been created by rulers themselves, as Nawaz Sharif   continuously  raising slogans against apex court. As a student of law, it can not be bear.If our rulers contempt the court, then what will be message for common person. Government  is  responsible for good governess,  to achieve this end, there  must be rule of law, but our Ex.PM himself  using abuse language against judiciary .Our EX PM is  addressing  to the public meetings  throughout the country and he had a view point that  he was disqualified by the apex court  with ulterior motives. He has a view , court has personal garage  against him. In fact if rulers do not obey the court order then there will be no rule of law. Nawaz Sharif should understand it is now 2018, people have much awareness as compared to the past. Chief Justice of Pakistan has clearly mentioned that he is not the part of any game against N League Govt. Similar type of  statement was of ISPR. Even CJ told that if  democratic system dissolves, he will quit his office. Now come the recent development. Chief Justice Mian Saqib Nisar said loyalty to the judiciary is the duty of every citizen of Pakistan and ridiculing it is disobedience to the constitution. The chief justice said this while heading a three-judge bench which heard the petitions against the Election Act 2017.Sardar Latif Khosa, representing Pakistan People’s Party, said freedom of speech does not mean PML-N leaders are allowed to scandalise and criticise the apex court.Justice Ijaz-ul-Ahsan said criticising and attacking the apex court also fall under the purview of Article 5 of the constitution, which says; “Loyalty to the state as well as obedience to the constitution and law is the obligation of every citizen.”To a court query, Latif Khosa said the state comprises parliament, judiciary and executive. He added Article 5 says loyalty to the state is the obligation of every citizen while disloyalty to it is treason.Chief Justice Saqib Nisar said there is a latest trend in the English courts. Justice Ijaz-ul-Ahsan said: “They (judges) do respond to the criticism of their judgments in public and that response is robust.”The chief justice also held the sentence for contempt of court is not only a six-month jail, but it could be awarded keeping in view the extent of contempt.Justice Ahsan said: “You (Nawaz Sharif) tried to befool the people inside and outside the court, but never told the whole truth to the bench.”Latif Khosa said it is the track record of PML-N leaders that if a judgment comes against them, they start criticising the courts. He said the people should respect not only the apex court but also all the courts. He said if people stop respecting the courts, it would be disastrous for the society and the whole structure would be destroyed and there would be law of jungle.The PPP lawyer said the SC is not just a court of four or five judges; it is the court of the people of Pakistan, adding the judges are sitting with the backing of the people. “Nawaz Sharif has not been removed by the apex court, but the people of Pakistan. This is not just the humiliation of the court, but that of the people of Pakistan,” he added. Khosa argued the court is showing restraint on former premier minister Nawaz Sharif’s speeches against judges. The chief justice said the people of Pakistan are the backbone and strength of the judiciary , adding they are the best judge and see everything.

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Columnist is Practicing Lawyer. 

Will Husain Haqqani Be Brought Back..Article By Ashraf Aasmi

Will Husain Haqqani Be Brought Back..

Article By Ashraf Aasmi

It is the matter of hope that the Supreme Court is trying to bring back to the Hussain Haqqani.As it is the clear cut version of Mr. Haqani, he is playing in the hands of anti Pakistani lobby . Suprem Court has taken up this case now. The case has been opened after five years.

The federal government on Thursday assured the Supreme Court that all measures would be taken to bring back Husain Haqqani, former Pakistani ambassador to the United States.Additional Secretary Interior, Director US Desk, Ministry of Foreign Affairs Bilal Hayee and DG FIA Bashir Memon appeared before a three-member bench headed by Chief justice Mian Saqib Nisar.The bench heard review petitions on the Memogate scam. Last week, the chief justice hearing a case of voting rights of overseas Pakistanis had issued a notice to Haqqani to come back and face the instant case.On January 3, 2013, Haqqani left the country with the commitment to come back on a four-day notice and the court had allowed him to go abroad. He, however, did not return to the country and breached his commitment with the court. On June 4, 2013, the court had directed the executive to bring him back.Additional Attorney General Waqar Rana representing the secretaries and the DG FIA submitted that as the case was taken up after a long time, therefore, he could not say anything what had happened in the past but from now onwards, all measures will be taken to bring Haqqani back from the US. He said that a meeting in this regard will be held at the highest level, deliberating the measures to bring him back.The court directed secretaries of interior, foreign affairs and the DG FIA to adopt all constitutional and legal measurers to bring Haqqani back and submit a compliance report within a week.The court also directed that the breach of commitment by Haqqani declining to return to Pakistan should also be examined by the authorities.Earlier, the chief justice observed that in the last order (dated 04-06-2013) the case was adjourned for four weeks. Expressing surprise he said why the case was not fixed as per the June 4 order. The chief justice also issued a notice to the SC Office to explain the reasons.Meanwhile, Barrister Zafarullah, a petitioner, brought into the notice of the chief justice a new item that appeared in a section of the press and produced cuttings of the news story. According to the news report, Husain Haqqani has dismissed reports about reopening of the infamous Memogate case terming it a ‘political gimmick’ on part of the Supreme Court.“I will not come to Pakistan on the insistence of Baba Rehmatay [chief justice],” the petitioner quoted Haqqani as saying.Waqar Rana told the court that Haqqani frequently ridicules the courts of the country. The chief justice, however, said that he would not react to the remarks made by the former ambassador, but the Memogate matter would be pursued diligently as it concerned the country’s honour.The court also dismissed Haqqani’s review petitions against the Supreme Court order to form a commission to probe the Memogate scam.With the onset of the hearing, Advocate on Record Chaudhry Akhtar and Asma Jahangir appeared before the bench and stated that they have been instructed not to plead his case, therefore, they are withdrawing Wakalatnaama.The case is adjourned for one week.

The court proceedings shows , Chief Justice has great will to bring back Mr. Haqqani to Pakistan.It is the true the supremacy of rule of law, every one should be treated equally.

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