President sends Reference to Speaker to Constitute Commission for carving two new provinces in Punjab

Islamabad May 31, 2012; President Asif Ali Zardari sent a Reference to Speaker National Assembly late Thursday night calling for the constitution of a Commission comprising of six Senators, six MNAs and two members from the Provincial Assembly of Punjab to look into the issues relating to the creation of two new Provinces namely Multan and Bahawalpur in Punjab and to initiate the process of amendments in the Constitution for this purpose.
President sends Reference to Speaker to Constitute Commission for carving two new provinces in Punjab‏
Spokesperson to President Senator Farhatullah Babar said that the Commission will submit its report within one month to be followed by the process of Constituional amendments for making the two new provinces. He said that the Reference draws attention of the Speaker to the Resoltions passed by the National Assembly and the Provincial Assembly of Punjab calling for the creation of the new provinces

Following is the text of the Reference sent to the Speaker a short while ago.

REFERENCE
IN THE MATTER OF IMPLEMENTATION OF
RESOLUTIONS PASSED BY THE NATIONAL ASSEMBLY OF PAKISTAN AND PROVINCIAL ASSEMBLY OF THE PUNJAB
FOR CREATION OF TWO NEW PROVINCES NAMELY
PROVINCE OF MULTAN AND PROVINCE OF BAHAWALPUR FROM THE EXISTING PROVINCE OF THE PUNJAB

31th May, 2012.

Madam Speaker,

The National Assembly in its 41st Session in its meeting held on 3rd May, 2012 passed a resolution to the effect that in order to address the grievances and to secure the political, administrative and economic interests of the people of the Southern Region of the Province of the Punjab and to empower them in this regard, a new province to be known as Province of Janoobi Punjab be created from the present Province of the Punjab. The Provincial Assembly of Punjab has also passed a similar resolution demanding the Parliament and Federal Government to create a new Province of Janoobi Punjab and also to revive the earlier status of Bahawalpur as a Province (copies of resolutions are annexed).

2. In order to implement the aforesaid resolutions and before a process is initiated to amend the Constitution in terms of Article 239 thereof it is expedient that a Commission may be constituted comprising of six members from the Senate to be nominated by the Chairman, six members from the National Assembly to be nominated by the Speaker and two members from the Provincial Assembly of Punjab to be nominated by the Speaker of the Provincial Assembly of Punjab. The Commission shall look into the issues relating to the fair distribution of economic and financial resources, demarcation, allocation/re-adjustment of seats in the National Assembly, Senate and the concerned Provincial Assembly and allocation of seats in the new Province on the basis of population, including seats of minorities and women and other constitutional, legal and administrative matters. The provisions of the Constitution which would require amendment inter alia include Articles 1(2), 51, 59 and 106 of the Constitution.

3. The Commission shall submit its report to Speaker as well as to the Prime Minister within thirty days of its notification in the official gazette, which will be followed by initiation of the process of amendment of the Constitution

Asif Ali Zardari
President

Trial against tobacco convicts tobacco - complete ban urged on tobacco - World No Tobacco Day Seminar

                 
 Shifa urges complete ban on tobacco during a trial against tobacco on World NO Tobacco Day
5000 Pakistanis get hospitalized everyday due to smoking
ISLAMABAD: MAY 31,2012          As many as 5000 people in the country are admitted in the hospitals everyday due to tobacco related diseases, 274 die daily and above 100,000 die every year due to smoking. The worldwide deaths caused by the use of tobacco are above 5 million every year. This was said by Consultant Pulmonologist SIH Dr. Mati-ur-Rehman during a seminar with the theme of “trial against tobacco” organized at Shifa International Hospital (SIH) to mark World No Tobacco Day on Thursday.
The seminar to educate public on the harms, hazards and effects of smoking on health was held in a different style. A court was formed to conduct trial of tobacco and convict it. Three professional lawyers from Rawalpindi Bar Council including Khawaja Noman-ul-Haq, Amer Abbas Malik and Zahid Raza came to play the roles of judge, prosecution counsel and defense counsel, respectively. The judge charged the tobacco (role was played by a student of Shifa College of Medicine (SCM) Mr. Saim Bin Saeed in a dress with proper cigarette and tobacco’s products labels), but tobacco rejected the charges and asked to face the trial. Then prosecution counsel presented his witnesses who were eminent health experts including Consultant Cardiologist SIH Dr. Saeedullah Shah, Consultant Oncologist SIH Dr. Kamran Rasheed and Dr. Mati-ur-Rehman. Defense counsel presented Ms. Mishal Shah, a medical student of SCM as her witness in favor of smoking. After hearing witnesses and arguments from both the sides, the judge convicted tobacco and banned its use in all forms including pan, gutka and sheesha.
The event was attended by a large number people including a group of students from Arid Agriculture University, Rawalpindi. President and CEO SIH Dr. Manzoor H. Qazi thanked the audience, the lawyers and the media for their support to create awareness in masses on the harms and effects of tobacco.
Dr. Mati said half of the Pakistani men are regular smokers and about 55 percent families in Pakistan have at least one person who smokes. He said sheesha was equally injurious to health. He said major part of household income is being spent on smoking rather on health and education. Thus smoking is badly impacting our economy as well. He was of the view that smoking causes an estimated 90% of all lung cancer deaths in men and 80% of all lung cancer deaths in women. An estimated 90% of all deaths from chronic obstructive lung disease are caused by smoking.
Dr. Saeedullah Shah said when a cigarrete company anywhere in the world earns $5000, one smoker dies. “I would say they kill a smoker every time they earn $5000,” he stated. He said it was alarming that above 70 percent people with cardiovascular diseases are smokers. Smoking causes failure to taste food; it shrinks arteries and causes various cardiac diseases. He said smoking is major cause of heart attack. “Heart attack death rate is 70 percent greater in male smokers than non-smokers”, he added.
Dr. Kamran Rasheed said various cancers including acute myeloid leukemia, bladder cancer, cancer of the cervix, cancer of the esophagus, kidney cancer, cancer of the larynx (voice box), lung cancer, cancer of the oral cavity (mouth), cancer of the pharynx (throat), stomach cancer and cancer of the uterus are caused by direct smoking, secondhand smoking, chewing tobacco and using pan, gutka or sheesha. “Smokers face an increased risk of certain types of throat and stomach cancers, even years after they quit,” he remarked.

***

Briefing on Zulfikarabad New City Project‏. Building works start next month

Dhandhari Bridge and Garho-Shah Bunder expressway projects ready for launch.

Karachi, 30 May 2012: Formal building works in the proposed Zulfikarabad will commence next month as work on the 6 kilometer long 3.7 billion rupees Dhandhari Bridge on Indus connecting the new city with Garho in Thatta district will start on June 15. Also route survey for the 44 kilometre long Zulfikarabad Expressway connecting Garho to the Bridge and then on to Shah Bunder has been completed and bid documents being finalized.
This was stated at a special meeting in Bilawal House Karachi to review progress on the Zulfikarabad chaired by President Asif Ali Zardari and attended among others by  Syed Qaim Ali Shah, Chief Minister Sindh, Mr. Murad Ali Shah, Finance Minister Sindh, Raja Muhammad Abbas, Chief Secretary Sindh, Mr. Shahzar Shamoon, Senior Member, Board of Revenue, Lt. Gen. (r) Iftikhar Hussain Shah, Managing Director ZDA, Mr. M. Salman Faruqui, Secretary General to the President, Spokesperson to the President Senator Farhatullah Babar and other senior officials.
Briefing media persons about the meeting Spokesperson Senator Farhatullah Babar said that the special meeting had been called to monitor the progress ahead of the President’s visit to China next week. The Chinese have agreed to help build the new city by building the Special Economic Zone in Zulfikarabad as the hub of the new city, he said.
The President during the meeting directed that the status of developmental works being undertaken in the Zulfiqarabad city project should be made available on the internet so that local as well as foreign investors are able to monitor the project with the satellite imagery and make appropriate investment decisions.
Chairman Zulfiqarabad Development Authority Lt. Gen. (r) Iftikhar Hussain Shah also briefed the meeting about the recent visit of a team of experts of Sindh Government, Federal Government and ZDA and held meetings with Chinese entrepreneurs and for studying Shenzhen model of developing a new city.
The President said that there was lot to be learnt from China which had built a modern city Shenzhen in a spectacularly short span of time. He said that the proposed city can be turned into an economic hub of the province keeping in view its proximity to the port city of Karachi.
About the infrastructure projects in the city the meeting was informed that several firms from China, Turkey, and Czech Republic had shown keen interest in the Wind Power project in the city and that Expression of Interest for developing 250 MW Wind Power Project on joint venture basis had already been invited. Besides EoI for Financial & Legal Consultative Services for public private partnership projects, development of special economic zones, alternate energy power projects and projects in housing, tourism, education and hospitals have also been invited. The meeting was informed that the Zulfiqarabad city project received positive response from the foreign investors at recently held Annual Investment Conference 2012 in Dubai.
The President while appreciating the decision of the Sindh Government to showcase the City Project at international forum remarked that the project needed to be further promoted through road shows to attract the interest of national and international investors. The meeting also deliberated upon various issues being faced by the Authority. The President directed Chief Minister Sindh to convene a meeting of the concerned departments and stakeholders to sort out the issues.

Justice Umar Ata Bandial appointedChief Justice Lahore High Court And Justice Sh Azmat Saeed elevated as Judge SC

Islamabad May 30, 2012: President Asif Ali Zardari today approved the appointment of Justice Umar Ata Bandial of Lahore High Court as the Chief Justice of the said High Court. The President also approved the elevation of Chief Justice LHC Sh. Azmat Saeed as Judge of the Supreme Court of Pakistan.
Spokesperson Senator Farhatullah Babar said that the appointments were made on the advice of the Prime Minister as laid down in the Constitution.
The Prime Minister had advised the President after the Judicial Commission’s nominations were subsequently endorsed by the Parliamentary Committee on the appointment of judges, he said.




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Pakistan and Russia vow to enhance their bilateral cooperation

 Islamabad: 30th May, 2012
 Ambassador Zamir N. Kabulov, Russian President’s Special Envoy on Afghanistan, called on Prime Minister Syed Yusuf Raza Gilani at the Prime Minister’s House here today and said that enormous commonalities existed between Pakistan and Russia on regional issues and bilateral cooperation.
 The Ambassador said that Mr. Vladmir Putin, President of Russia, looked forward to a productive visit to Pakistan and discussions with the Pakistani leadership on a wide range of issues. He said that visit of the Russian President would be instrumental in further enhancing bilateral and multifaceted cooperation between both countries.
 The Prime Minister recalled his meeting with Mr. Vladmir Putin on the sidelines of SCO in which he offered cooperation and assistance for up-gradation of Pakistan Steel Mills in Karachi.
 The Prime Minister said that Pakistan was keen to further promote cooperation in the fields of defence, energy, narcotics control, and trade.
 The Prime Minister said that Pakistan considered Russia as a source of stability and peace both at the regional and global levels.
 The Prime Minister underscored the importance of frequent exchanges at highest level including that of Foreign Ministers of both countries to strengthen bilateral cooperation as there is convergence of views between both countries on almost all issues.
 The Prime Minister said that he was looking forward to President Putin’s visit to Pakistan, adding that the visit would help further deepen and broaden the bilateral relations.
 The Prime Minister said that Pakistan welcomed Russian interest in the Iran-Pakistan Pipeline Project as two sides have had very good meetings on the project and some specific proposals had been discussed in this regard.
 The Prime Minister said that Pakistan also welcomed Russia’s interest in trans-regional energy projects such as CASA-1000 and TAPI.
 The Prime Minister added that President Zardari was looking forwad to his meeting with President Putin on the sidelines of the SCO Summit (June 6-7 2012).
 The Prime Minister said that Pakistan had made consistent and serious efforts to improve relations with Afghanistan as stability and peace in Afghanistan were important for stability and peace in Pakistan.
 The Prime Minister mentioned that on President Karzai’s request, he issued a public appeal on the 24th of February to all militant groups to negotiate with the Afghan government.
 The meeting of Trilateral Core Group consisting of Pakistan, Afghanistan and the US, which was held last month, yielded positive outcomes, he added.
 The Prime Minister also appreciated Russia for its full support to Pakistan in its endevours to become full member of the SCO.  

President signs the National Commission for Human Rights Bill into law

Pakistan fulfils a quarter century old international commitment

Karachi, 30 May 2012: President Asif Ali Zardari today signed the National Commission for Human Rights Bill 2012 for promotion and protection of Human Rights in the country as provided for in the Constitution of the Islamic Republic of Pakistan and the various international instruments to which Pakistan is a State Party or shall become a State Party.
The signing ceremony held at Bilawal House today was attended among others by Sindh Chief Minister Syed Qaim Ali Shah, Federal Ministers Rehman Malik and Moula Bakhsh Chandio, Advisor to Prime Minister on Human Rights Mustafa Nawaz Khokhar, provincial ministers and senior federal and provincial government officials.
Briefing media persons Spokesperson to the President Senator Farhatullah Babar said that with the signing into law today Pakistan had fulfilled a core requirement of the two decades old Paris Declaration of 1993 calling upon states to set up independent human rights commissions which was reiterated by the United Nations in 2008 soon after the present government took office. “An international commitment outstanding for the past nearly quarter of a century has been fulfilled today”, he said adding also, “it is no mean achievement considering the fact that Pakistan is fighting war against militancy and complaints of human rights violations have been surfacing”.
He said that the Bill signed today said that this Commission, headquartered in Islamabad, would consist of ten members including a Chairperson and a member each from the four provinces, FATA and Islamabad Capital Territory, minority communities and the Chairperson of the National Commission on the Status of Women. At least two shall be the women members in this Commission.
A person shall be eligible for appointment as Chairperson, who has been, or is qualified to be, a judge of the Supreme Court or a person having demonstrable knowledge of, or practical knowledge of, or practical experience in, matters relating to human rights. Similarly a member shall not be less than forty years of age and shall have knowledge and experience relating to human rights. The Chairperson and members shall hold the office for a term of four years that may be extended once.
The law signed today states that the Federal Government shall through public notice invite suggestions for suitable persons for appointment as Chairperson and members of the Commission and, after proper scrutiny, shall submit a list of these persons to the Prime Minister and the Leader of the Opposition in the National Assembly. It says that the Prime Minister shall in consultation with the Leader of Opposition in the National Assembly forward three names for each post to a Parliamentary Committee for hearing and confirmation of any one person for each post. The law says that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the bi-partisan and bicameral Parliamentary Committee who in turn shall approve the nominations and forward them to the President for appointment.
The Law says that the Chairman and the member may be removed from office on the grounds and in the manner provided for in Article 209 of the Constitution of the Islamic Republic of Pakistan.
The Commission would perform its functions either taking suo-moto or on a petition presented to it by a victim or any person on his behalf for violation of Human Right or abetment thereof and the negligence in the prevention of such violation, by a public servant. It can intervene in any proceeding involving any allegation of violation of human rights pending before a court by making application for becoming a party to the proceeding before the court.
The Commission or any person authorized by it may visit any jail, place of detention or any other institution or place under the control of the Government or its agencies, where convicts, under trial prisoners, detainees or other person are lodged or detained for purposes of ascertaining the legality of their detention as well as to find out whether the provisions of the applicable laws or other provision relating to the inmates living conditions and their other rights are being complied with.
It would  review the safeguards provided by or under the Constitution or any other law for the time being in force for the protection of human rights and recommend adoption of new legislation, the amendment of existing law and adoption or amendment of administrative measures for their effective implementation.
It would also review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

CHIEF JUSTICE OF PAKISTAN MEETS LORD CHIEF JUSTICE OF ENGLAND AND WALES AND JUDGES OF THE QUEEN’S BENCH DIVISION DURING HIS VISIT TO LONDON.

         During the visit of Hon’ble Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry to London to attend the International Conference of Jurists on Rule of Law and receive the International Jurist Award, he held meetings with the Lord Chief Justice of England and Wales and also other Justices of the Queen’s Bench Division.

In the meeting with the Lord Chief Justice of England and Wales, both the Chief Justices discussed the issues and problems faced by the administration of justice, with special reference to strengthening the independence of judiciary. The Chief Justice of Pakistan informed him of the developments in the judicial field with respect to the role played by the Supreme Court in establishing rule of law in society. He also apprised him of the role of Bench and bar in the lawyers movement for independence of judiciary and restoration of Judges and the high expectations the people attach to the Courts, and the efforts of the judiciary to realizing the objective of inexpensive and expeditious dispensation of justice, as mandated by the Constitution of the Islamic Republic of Pakistan. He also informed him of the wider jurisdiction of the Supreme Court and the diverse nature of cases, which are being filed in the Court under the Appellate and Original Jurisdictions, as provided by the Constitution. The two dignitaries also discussed ways and means to attract the best persons of the legal profession to join the Bench. In this regard, the Chief Justice of Pakistan explained to him the new mechanism for induction of judges in the superior judiciary of Pakistan i.e. through the Judicial Commission of Pakistan, which comprises senior judges and key functionaries of the relevant field like Law Minister,  Attorney General for Pakistan and representatives of the Pakistan and Provincial Bar Councils, which makes recommendations to the Parliamentary Committee for appointment and confirmation of judges in the Supreme Court and the High Courts. The Chief Justice of England and Wales explained the new and revised mechanism of induction of Judges to the superior courts as well as the Trial Courts. They further discussed the court procedures in conducting trial and ways and means to expedite the judicial process through reform of law and procedure. In this regard, the Lord Chief Justice of England and Wales explained to the Chief Justice of Pakistan that England Law of Evidence has been drastically amended to enable the Courts to deal effectively with cases of terrorism. He said that Pakistan can also benefit from the same laws as well as judicial procedure to tackle effectively with the problems of collecting sufficient evidence to secure conviction of criminals involved in crimes of militancy and terrorism. The two leaders also discussed the prospects of judicial exchanges and training of judges to share knowledge and experiences and learn the best practices from each other. The Lord Chief Justice of England and Wales also eulogized the services of the Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry and in particular appreciated the stand taken by him, courageously facing the onslaught on judicial independence and maintaining unity amongst the bench and the bar.
The Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry also had a meeting with Rt Hon Lord Justice Gross and the Rt Hon Sir John Thomas, President of the Queen’s Bench Division together with their other colleagues. They discussed the issues of mutual interest and ways and means to improve the administration of justice. The two sides agreed that regular interaction amongst judges is essential for sharing knowledge and experiences to improve the functioning of courts. The President of the Queen’s Bench Division also hosted lunch in honour of the Hon’ble Chief Justice of Pakistan.

Under Secretary for Public Diplomacy and Public Affairs Tara D. Sonenshine Travels to Pakistan

Under Secretary of State for Public Diplomacy and Public Affairs Tara D. Sonenshine is traveling to Islamabad and Lahore, Pakistan, from May 30 to June 2, 2012.
During her visit, Under Secretary Sonenshine will engage with civil society and emphasize people-to-people ties shared between the United States and Pakistan. She will meet with young Pakistani entrepreneurs and female students to discuss the shared goal of empowerment and to discuss ways to unlock their full potential. She will also meet with Pakistani alumni of U.S. State Department exchange programs.

INAUGURATION OF PAKISTAN INSTITUTE FOR PARLIAMENTARY SERVICES NEW CAMPUS

                                                 Text of

INAUGURAL ADDRESS BY THE  SPEAKER DR FAHMIDA MIRZA AT THE PIPS INAUGURATION CEREMONY,
MAY 30TH, 2012 (11 AM)

Honourable Deputy Chairman Senate, Mr. Sabir Baloch!
Honourable Speakers of the Provincial and Legislative Assemblies!
Members of the PIPS Board of Governors! Ambassador Cameron Munter!
US Under Secretary of State, Ms Tara D. Sonenshine! Executive Director PIPS!
Fellow Parliamentarians, Excellencies, Guests, Ladies and Gentlemen!

                     and a very good day to all of you!

It’s my pleasure to inaugurate Pakistan’s premier and first-of-its-kind training and research institute for the national Parliament and provincial legislatures – namely the PAKISTAN INSTITUTE FOR PARLIAMENTARY SERVICES.
This emulates a special moment for me and the PIPS Board of Governors, as we had been closely following up every step in the creation and development of this upcoming seat of legislative learning.
            I therefore begin by acknowledging the contributions of all those involved in this process. We are grateful to the government of United States and the USAID, for their generous support with regard to the construction and provision of a fully equipped and furnished PIPS new campus at a cost of 11.5 million US dollars. This is, in deed, a valuable gift from the people of United States to the developing democracy of Pakistan. My appreciation is also due to Ambassador Cameron Munter, for his continued facilitation and making today’s event a success.
The UNDP and its project of Strengthening Democracy Through Parliamentary Development continued to remain a trusted partner in starting training programmes in the initial years of PIPS. Equally important has been the collaboration with the German Foundation, Konrad Edenure Stiftung, which amply contributed to the unhindered growth of PIPS. We are, therefore, grateful to each one of you and look forward to this continued cooperation in future as well.
The contributions of the Members of the Legislative Development Steering Committee and the Board of Governors also deserve our joint praise. I would especially like to mention the services of all provincial Speakers, who regularly attended all Board meetings and also took active part in envisioning the scope and activities of PIPS.              

Ladies and Gentlemen!
Parliament is rightly considered the bastion of people’s power. Among all the other pillars of the state, it is the Parliament, which reflects the will and the aspirations of the people and so is regarded --- and respected --- as supreme. This, in turn, also places more responsibility on the Members of the elected chambers. They are the law-makers and so, are required to be well-versed with all legal, social and strategic developments, taking place in the society. In fact, it is this ability of a Parliamentarian, which transforms the House from a mere debating chamber to a proficient legislature. The role and need of a sustainable supportive research and capacity-building mechanism, thus, becomes all the more important. No wonder, all developed parliaments around the world are backed by numerous think-tanks and allied research institutes. Such facility, however, has remained missing in our struggling democracy. While the other two pillars of the State, namely the Executive and the Judiciary, had long established their respective training institutes and academies, the Parliament was kept deprived of any such supportive mechanism. This prime need further became important in the post-18th amendment scenario, which carved a critical and central role for the federal and provincial legislatures. This historic constitutional landmark:
·  
 Revived the original parliamentary character of the constitution;

·       Paved the way for “institutionalism” in place of “discretionalism”,

·      And fulfilled the long-standing promise of provincial autonomy.

Such sweeping reforms, nevertheless, called for more vibrant parliamentary performance. This means a more objective, learned and responsible role by the federal parliament in deciding about numerous state institutions, including the appointment of judges, selection of chairpersons and members of election commission, National Commission on Human Rights and Commission on the Status of Women. At the same time, the provincial assemblies are also expected to take their due responsibility by developing their respective capacities in framing policies on newly devolved areas such as health and education. This gap between the promise and performance ought to be adequately filled through a sustained process of sharing experiences and learning techniques.
It goes to the credit of the 13th National Assembly and the present Parliament that soon after its formation, we focused on addressing this persisting lacuna. The PIPS Act was amongst the very first legislations, taken up by the House as within a year of our election, the dream of PIPS transformed into a functioning reality. As the first Woman Speaker, it has been an honour for me to be the Founding President of the first PIPS Board of Governors, which has drafted the Rules for the budding Institute and has also set its future course as a meaningful think tank. Comprising of cross party parliamentary leadership and Speakers of the four provincial assemblies of Balochistan, Khyber Pakhtunkhwa, Punjab, and Sindh, the BOG has continued to play an active role in developing the Institute into a centre of excellence.
It may also be mentioned here that it was through the strict belt tightening measures, adopted by the National Assembly that we were able to purchase this prime piece of land for PIPS at the cost of Rs. 34 million from our own budget. The Parliament has also assumed the responsibility of funding the PIPS operations in the ratio of one-third and two-third by the Senate and National Assembly respectively as envisaged in the PIPS Act, 2008. It is also encouraging to note that from the next financial year, the provincial legislatures will also start contributing towards the PIPS annual budget.
All such measures have set the stage for strengthening the parliamentary institutions in the country. The 13th National Assembly has already entered its fifth and final year and I am confident that our efforts will pave the way for a stronger Parliament in the days to come. At this juncture, Ladies and Gentlemen! I would also like to appreciate the Executive Director and his pioneering team for their dedicated efforts during the last three formative years of PIPS, during which they all managed to perform their duties despite limited resources.
 Now, with all the needed facilities at your disposal, you have a far bigger challenge ahead of you. It will be rightly expected from you that you will turn this state-of-the-art building into a world-recognized seat of parliamentary learning.  This informed policy support also holds the key in improving the performance of parliamentary committees as well. PIPS can play a vibrant role in this important legislative process by providing linkages between the federal and provincial committees, as well as with other established parliaments for sharing legislation and replicating best practices, through video conferencing and joint courses, in order to enable the Members to have better understanding of the issues placed before them.
I would thus advise PIPS team that their journey for consolidation of the Pakistan Institute for Parliamentary Services starts with five key values, which are: integrity, professionalism, non-partisan approach, anticipation and accessibility. I am confident that if you ensure these in your conduct of business, PIPS can emerge as an international model for parliamentary institutions.
I also urge all members of the Parliament to make full use of PIPS facilities. At the same time, I also invite them to come up with their valuable suggestions in order to ensure continuous improvement in the services, offered by the PIPS. And as I conclude, Ladies and Gentlemen! I pray and wish that today’s inauguration marks the beginning of a journey that leads us to a truly strong and robust Parliament, fully capable of addressing all challenges to democracy and people’s rights in our country. Amen

Thank you very much. Pakistan Zindabad

War against terror was not Pakistani war ,,Pakistan was dragged into it: Ulema Peace Convention

Islamabad 29Th May,2012
 Senior Minister Khyber Pakhtunkhwa and Awami National Party (ANP) Bashir Ahmed Bilour Tuesday said NATO’s Afghan war was never Pakistan’s war but when Pakistani nation was dragged into it and Pakistani people , women and children started getting killed, it became Pakistan's war.
Speaking at three-day Ulema Peace Convention, organized by Majlis Saut-ul-Islam at a local hotel here in Islamabad, Bashir Bilour said a military dictator changed country’s foreign policy on one telephone call and for last 10 years, Pakistani nation is paying the price for some people’s short sightedness and intolerance.
“But this war against terror has become our war and now there would be no talks with terrorists unless they lay their arms and come to table unarmed. There is a need for preaching non-violence by the Ulema as wars have never resolved any problem anywhere in the world” he maintained.
He also lambasted country’s establishment for fighting three “baseless” wars with India and indulging in recent Kargil adventure and urged the young and veteran Ulema to apprise people about importance of peace, non-violence and tolerance.
Bashir Bilour claimed that ANP government negotiated with terrorists in Swat and had agreements with them for enforcement of Shariat and Nizam-e-Adal in Swat valley but added that never wanted to resolve their issues through talks.
“They (Swat militants) told us that they would be going to occupy Islamabad and then enforce Islam there but you saw that enforcement of Islamic system of governance was never their real objective” he further claimed.
KPK Senior Minister said government and security forces in Khyber Pakhtunkhwa fought with terrorists who used to carry out blasts after every 24, 36 and 48 hours in Peshwar and defeated them with the help of people and now Swat is a more peaceful place then provincial capital Peshawar.
“Over 1.5 million people were displaced from Swat and then within four months, they all were resettled in their own lands” he added.
Bashir Bilour said Prophet Muhammad (Peace Be Upon him) was a preacher of peace and he directed his followers to resolve disputes through talks, not through violence and wars.
ANP leader urged young Ulema to play their role for peace and tranquility through their sermons and transform Pakistan into welfare Islamic state as per principles taught by the holy Prophet.
Chairman Pakistan Baitul Maal Zamurd Khan while speaking at the Ulema Convention deplored that there was a wide gap between Pakistani Ulema and Pakistani people and called for bridging the gap between them for restoration of peace in the country and reposing trust in local Ulema.
He further said people in Pakistan were getting closer to Islam but unfortunately, they were becoming oblivious of humanity as there were thousands of orphans on the streets of Pakistan, who lost their parents in terrorist incidents but nobody was there to take care of them.
Praising the country’s Madaris and religious seminaries, he termed them the biggest NGO network in the world, saying they were providing quality religious education and other facilities to children who could not afford the modern education at reputed educational institutes.
On the occasion, he urged the Madaris and their managements to include modern education and diversify their curricula so that passing out graduates of local Madaris could compete in the country and abroad and feel no hesitation in dealing with people from different walks of life.
He also apprised the convention that his organization, Pakistan Baitul Maal was providing living and education facilities to some 3000 orphans and sought the Ulema’s support in their up bringing as per Islamic teachings.
Former Federal Secretary Religious Affairs Shaukat Hayyat Durrani praised the Majlis Saut-ul-Islam for holding peace convention, preaching peace when Ulema are being associated with spreading violence, hatred and sectarianism and expressed the hope that convention would convey a positive message about Pakistani Ulema.
On the occasion, he suggested that a research and development department should be established by Majlis Saut-ul-Islam to apprise people of achievements and contribution of Ulema and Madaris in the progress and prosperity of Pakistani people.  
The second session of the convention was also addressed by the Vice President International Islamic University, Islamabad Sahibzada Sajidur Rehman, Chairman Majlis Saut-ul-Islam Mufti Abu Huraira Mohiuddin, Maulana Umair, Hafiz Samiullah Fraz, Maulana Abdul Ghani, Dr. Syed Aziz-ur-Rehman, and others.
The Ulema Peace Convention will continue till Wednesday here in Islamabad and its remaining sessions are expected to be addressed by senior Ulema and federal ministers.
The convention was earlier inaugurated on Monday morning by the President Azad Jammu Kashmir Sardar Muhammad Yaqoob Khan.
Ends

PAKISTAN emphasized upon the need to fast-track implementation of Pak-China agreed projects in the areas of energy, mining, infrastructure, IT, communication agricultural and others

 President's meeting with Chinese Foreign Minister Mr. Yang Jiechi‏

 Islamabad, 29 May 2012:
President Asif Ali Zardari has emphasized upon the need to fast-track implementation of Pak-China agreed projects in the areas of energy, mining, infrastructure, IT, communication and agricultural and others for the mutual benefit of the two countries. He has also proposed establishment of trans-border economic zones for shared development and prosperity of Gilgit-Baltistan and western regions of China and for setting up an umbrella corporation in the energy sector called “Pakistan-China Power Corporation” which should include specialists and entities from all the fields.
This he said during two rounds of meetings with the visiting Chinese Foreign Minister Mr. Yang Jiechi here at Aiwan-e-Sadr today.
During the delegation level meeting, Foreign Minister Mr. Yang Jiechi was assisted by Ambassador Liu Jian, Sun Weidong, Deputy Director General for Asian Affairs of Chinese Ministry of Foreign Affairs, Wang Wenbin, Zhang Jianmin and other senior officials.
Pak side included Ch. Ahmed Mukhtar, Federal Minister for Defence, Senator Dr. Abdul Hafeez Sheikh, Federal Minister for Finance, Ms. Hina Rabbani Khar, Federal Minister for Foreign Affairs, Mr. Khalil Ahmed, Ambassador-at-Large, Foreign Secretary Jalil Abbas Jilani, Pak Ambassador to China Mr. Masood Khan and Spokesperson to the President Senator Farhatullah Babar besides other senior officials.
Spokesperson to the President Senator Farhatullah Babar while briefing about the meeting said that the President thanked the Chinese Government and its leadership for their unswerving and continued support  to Pakistan’s sovereignty, territorial integrity and multifaceted assistance at all hours of need.
He said that Pakistani people highly value their brotherly relations with the Chinese and were eager to learn from the Chinese experience of growth and development
The President while recalling his previous visits to China said that each of his visits offered a unique experience of learning. He said that Pakistan was keen to translate its traditional equation with China into economic terms and attaches great importance to enhancing economic and trade linkages with China.
He said that the enhanced economic engagement of the two countries was an encouraging development and the two countries needed to fast-track implementation of mutually agreed projects for the mutual benefit of the people.
While expressing with satisfaction over the increased bilateral trade, the President remarked that there was still a great margin which could be explored for further enhancing the trade volume.  He said that China may send frequent purchase missions to Pakistan to help reduce the current trade imbalance.
Terming the conclusion of bilateral currency swap agreement a major development between the two countries, the President said that ICBC’s decision to open its branches in Pakistan was another positive development to enhance trade and investment. He expressed the hope that National Bank of Pakistan would also be able to open its branch in China soon.
The President said that Pakistan was passing through a challenging phase in the energy sector. He said that we greatly appreciate Chinese assistance and investment in the energy sector. The President expressed the hope that the 2nd Joint Energy Working Group meeting which was held in Islamabad on 7-8 May 2012 would open new vistas of cooperation in the energy sector.
He said that in order to promote people to people contacts, there was a need to focus on increasing rail, road and air connectivity. He said that the two sides may consider initiating commercial flights between Islamabad-Kashgar to facilitate greater connectivity.
Discussing regional situation, the President said that Pakistan as an important player and China as a source of region stability have a great role to play in promoting regional stability and development. He said that trilateral dialogue recently initiated by the Foreign Ministers of Pakistan, China and Afghanistan offered new opportunities for enhancing mutual cooperation. He said that Pakistan fully endorses China’s call for the SCO and existing multilateral mechanisms to play their full role in the region for promoting peace, stability and development.
The President said that extremism and militancy was a common enemy and should be defeated by joint efforts and mutual cooperation.
The President also thanked the Chinese Government for its assistance in searching the martyrs of recent Siachen avalanche.
The Chinese Foreign Minister thanked the President for meeting and assured Chinese Government’s continued support to Pakistan. He reiterated China’s firm commitment and support safeguarding Pakistan’s sovereignty, independence and territorial integrity.
He said that China will continue to support Pakistan on all regional and international platforms and thanked Pakistan for its unstinted support to China on critical issues of concern to Beijing like Taiwan.
He said that his visit was intended to further enhance and consolidate the strategic partnership between the two countries.

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President briefed the Prime Minister about visit to Chicago to attend NATO Summit.

PM calls on the President‏
Islamabad, 29 May 2012:
Prime Minister Syed Yousuf Raza Gilani called on President Asif Ali Zardari at Aiwan-e-Sadr today.
Current political situation, law and order situation and the forthcoming budget session of the Parliament was discussed during the meeting.
The President also briefed the Prime Minister about his visit to Chicago to attend NATO Summit.

POLIO ERADICATION FROM PAKISTAN IS OUR HIGH PRIORITY: CHAIRMAN SENATE

Islamabad: 28th May, 2012
Chairman Senate Syed Nayyar Hussain Bokhari has said that eradication of polio from country is an area of high priority for the present government as only healthy child can become productive citizen and useful member of society and can contribute to national development. He was expressing these views in a meeting with delegation of Rotary International led by the President Kalyan Banerjee.
The Chairman told the delegation that in Islamabad there is decline of number of polio cases but 4 Katchi abadis and suburbs have polio cases along with influx of affected people from other parts of country also raises number of polio affected people. He said that ICT and CDA administration is trying to eradicate polio from the areas of their respective jurisdiction. He emphasized the point that we will not tolerate any negligence in this regard. He told the Rotarians that polio campaign going well except in FATA and Khyber Pakhtunkhawa and there is dire need for proactive role of Senators from these areas for awareness generation and boosting the polio eradication campaign.
The president told the Chairman that Rotarians are actively involved in polio eradication campaign around the world, assisting local community for better sanitation and ensuring supply of clear drinking water. In Pakistan, our top priority is to fulfill our commitment to children and save children by finishing polio. We have around 1.2 billion dollars for polio eradication in the world and 100 million dollars allocated for Pakistan but there is still existing gap of 24 million dollars, he added. He stressed the need for active involvement of Senators of the most affected areas like FATA, Khyber Pakhtunkhawa in their villagers and towns via engaging their communities.
He told the Chairman that high level of commitment exists in Pakistan but little more ownership particularly at implementation side (DDO / EDO levels) can produce better results. He told the Chairman that Karachi, Pasin and FATA are reservoirs of polio and we have to grab them on urgent footing. One of the delegates from Pakistan told the Chairman that effective TV campaign utilizing services of Shahid Afridi in Pusto is already on board to push the message across
for polio eradication for next NID. Services of stars like Aisam-ul-Haq and Rahat Fateh Ali Khan and other renowned artists of the country can be sought for this national cause.
The Chairman offered all-out assistance to Rotarians for this cause and said that strong collaboration between government of Pakistan and Rotarians can help eradicate this menace of polio for once and all from the country. It is pertinent to mention here that Pakistan is one the three countries along with Nigeria and Afghanistan who have still to end the polio cases while rest of the world including India, have successfully eradicate it.
The delegates from Rotary International included RI President Kalyan Banerjee, Binota Jee (First Lady of Rotary International), Dr. Perves Ahsan (District Governor Rotary 3272, Pakistan & Afghanistan), Maimoona Pervez (Spouse of District Governor), Aziz Memon (Past District Governor & National Chair for Polio Plus), Shakil Ansari (Past District Governor & Chairman Eastern Mediterranean Regional Polio Plus Committee), Iftikhar Ahmed (District Governor Elect), Shehzad Ahmed Mir (Past President), Rotarian Iftikhar Awan, President Elect Rotarian Ibrahim and President Rotary Club Islamabad cosmopolitan Rotarian Dr. Abdul Basit. Secretary Senate Mr. Iftikharullah Babar was also present on the occasion.

********************

Resolution of Kashmir issue is a must for peace in South Asia

ISLAMABAD MAY 28 ,2012
Chairman of the Special Committee of the Parliament on Kashmir Maulana Fazlur Rahman has said that the Kashmir issue could not be resolved militarily and that its solution was a must for durable peace in the South Asia. He was commenting upon the statement of the Indian Minister for Petroleum Mani Shankar Aiyar who said that there was no military solution the Kashmir Issue and that trade, sports and culture delegations should be exchanged of the two countries for peace in the region.
Maulana Fazlur Rahman said that the history of Pak-Indian relations of the last 65 years indicated that the resolution of the Kashmir issue was a must for durable peace in the sub-continent. He observed, during this period of the time, there has been trade as well as exchange of delegations, but peace could not be maintained. There were not only wars but the development in both nations also suffered, because the resources were spent on military, instead of economic development.
The Chairman Kashmir Committee observed that the Indian Minister had rightly said that military solution of the Kashmir Issue was not possible. Therefore, India should withdraw its forces from the occupied Kashmir and remove the black laws enforced there. He emphasized that deployment of huge forces as well as enactment of black laws in the state showed that all was not well there. He made it clear that Pakistan wants resolution of the issue in accordance with the wishes of the Kashmiri people and not that of India, as according to the latter the state of Jammu and Kashmir is integral part of India and there is no freedom movement in the state. The Chairman said, if there is no problem in the occupied Kashmir, then why India has deployed around eight hundred thousand forces there. He said that purpose of sending delegations and inter-locators like Padgonker for dialogue with the Kashmiris is the shove the Kashmir issue under the carpet.

Pakistan Naval Ship on a Goodwill Visit to Sri Lanka

Pakistan Naval Ship Azmat is visiting Sri Lanka from 28 to 31 May 2012 on her maiden voyage to Pakistan after its commissioning in China.

Pakistan Navy Ship (PNS) Azmat is a missile fitted Fast Attack Craft FAC (M) and the first ship of the Azmat Class FAC (M)s. The FAC (M) Project encompasses construction of two such vessels, first one at Xingang Shipyard, China while the second at Karachi Shipyard & Engineering Works (KS & EW) in collaboration with M/s China Shipbuilding & Offshore International Company, Limited (CSOC) on Transfer of Technology basis.

The keel of PNS Azmat was laid on 01 Mar 11 and the ship was subsequently launched on 20 Sep 11 and finally got commissioned on 23 Apr 12. The shape of main hull and superstructure of PNS Azmat has been designed on contemporary stealth design concept.

The ship is propelled by 4 diesel engines and is capable of attaining 30 knots of speed with excellent maneuverability. The ship is equipped with state of the art weapons and sensors and command and control system.  

The Ship AZMAT has 8 officers and 60 CPOs Sailors along with the Commander Ahmed Hussain. Pakistan Navy Ship AZMAT has visited other regional countries Vietnam, Malaysia, Indonesia before arriving in Sri Lanka as a part of the visit.

Pakistan and Sri Lanka enjoy warm diplomatic and strong military ties. As part of goodwill, Pakistan Naval ships frequently pay port visits to Sri Lanka. These visits further strengthen the existing strong relationship between Sri Lanka and Pakistan. Such interactions also demonstrate both navies’ resolve to contribute towards achieving a more secure and conducive maritime environment which is essential for the regional peace, prosperity and harmony.

Since independence, Sri Lanka and Pakistan have consistently maintained close, cordial and mutually supportive relations especially in the field of defense. Both nations have assisted each other during testing times in their history.

Pakistan and Sri Lanka have comprehensive and mutually beneficial training collaboration for Army, Navy and Air Force. Over a period of time, a strong bond of commitment and mutual understanding has been reached between both the friendly armed forces. In future too, both the brotherly countries are expected to work more closely in the field of defence to boost peace efforts in the region.

Pakistan and Sri Lanka being located in the South Asian region and being members of various regional and international bodies like UN, commonwealth, NAM and SAARC are mutually important for each others. The relationship between Pakistan and Srilanka is based on mutual trust and commonality of interest in maintaining regional peace, security and stability. Pakistan has always supported the unity, territorial integrity and sovereignty of Sri Lanka.  Both countries have shared common perceptions on almost all regional and international issue and are working together on all these forums for shared values and interests.

Ulema peace convention commences with calls for tolerance, peace and tranquility in the society

Islamabad: President Azad Kashmir Sardar Muhammad Yaqoob has said that Kashmiris are not terrorists and they don’t want to conquer India but they would continue their struggle for their right of self-determination despite all odds.
“I want to make it clear that there are no training camps of terrorists on our land. We are peaceful people and believe in peaceful struggle for our right of self-determination and we would continue our struggle till last drop of blood in our veins” he said while speaking as chief guest at the inaugural ceremony of an Ulema Peace Convention here at a local hotel on Monday.
The three-day Ulema Peace Convention is being organized by Majlis Saut-ul-Islam (Voice of Islam Society), A Karachi-based religious organization, struggling for clearing misconceptions about Ulema and clergy in Pakistan.
Veteran as well as newly-graduated young Ulema and religious scholars from entire Pakistan as well as other Islamic countries including Jordan, Algeria, Egypt and other parts of world are attending the peace convention, aimed at presenting a soft image of Muslim Ulema in the eyes of world.
AJK President Sardar Yaqoob praised Majlis Saut-ul-Islam for organizing the Peace Convention saying majority of Ulema in our society are preachers of peace and tranquility but owing to wrongdoing of some misguided Ulema, Islam as religion is being termed as ‘religion of violence’.
Inviting Young Ulema from Madaris to visit Kashmir, AJK President said Kashmir was the only place in entire Pakistan where people were oblivious sectarianism and hatred in the name of religion.
Shaikh Sameeh Ahmed Al-Tamina, an Islamic scholar from Jordan claimed that beliefs and thoughts contrary to actual Islamic teachings were being introduced among the Muslims and non-Muslims in the world were considering Islam as violent religion and way of living, which was against not actual face of Islam.
“Unfortunately, such non-islamic beliefs and thoughts are being introduced by people who claim themselves as Muslims and in these circumstances, it is the responsibility of the Islam and peace-loving Islamic scholars to present actual teachings of Islam, which are based on respect of humanity and human beings.
The Jordanian scholar said no Muslim is authorized to declare any other Muslim or group of Muslims as infidels and urged young Ulema, passed out from religious seminaries to apprise people that Islam shuns violence and calls for respecting human lives at all costs.
“Islam does not forbid people from progressing, getting educated, learning new disciplines of science and technology and living peacefully along with other religions and nations in the world” he maintained.
Chairman Majlis Saut-ul-Islam Mufti Abu Huraira in his inaugural speech deplored that baseless propaganda against Islam was being unleashed for last several years although Islam is the only religion that even protects the rights of animals and plants.
“Islam is the way of living for humans, irrespective of their cast, race, language and ethnicity and it is the only religion that ensures the rights of men, women, minorities, even animals, plants and the environment” he observed.
Mufti Abu Huraira said their peace convention was being organized to apprise people of Pakistan rest of the world that Ulema wanted peace as Islam asks its followers to respect human lives and forbids shedding human blood at any cost.
He said his organization was presenting 500 young Ulema as “peace leaders” to people of Pakistan and assured that their organization and movement would clear all the misconceptions about Islam, religious seminaries and religious people through their character and preaching.
The Ulema Peace Convention would for three days at the local hotel in the federal capital that would be addressed by federal ministers, senior Islamic scholars from different cities of Pakistan and young Ulema who have recently been graduated from local seminaries.
Papers would be presented on important topics like women rights as per Islamic Sharia, rights of minorities in a welfare Islamic state, role of Ulema in establishing lasting peace in Pakistan and rest of the world, causes of intolerance in the society, conflicting systems of education in Islamic world and related issues.
Ends

ADDRESS OF THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY ON ACCOUNTABILITY AND JUDICIAL REFORMS AT INTERNATIONAL CONFERENCE OF JURISTS 28-29.05.2012.

London—Chief Justice Pakistan (CJP) Iftikhar Muhammad Chaudhry  arrived here to receive International Jurists Award 2012
ADDRESS OF THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY ON ACCOUNTABILITY AND JUDICIAL REFORMS AT INTERNATIONAL CONFERENCE OF JURISTS 28-29.05.2012.
Hon’ble Chief Justices;
Learned Judges;
President of the International Council of Jurists;
Learned Members of the Bar;
Distinguished delegates;
Ladies and Gentlemen:

Accountability is a key feature of good governance and effective administration. It is inbuilt within the system of democratic dispensation. It operates as a check on authorities and institutions, to prevent arbitrary decisions and abuse of powers. In the words of James Madison, in forming a government which is to be administered by men over men, you must first enable the government to control the governed; and in the next place oblige it to control itself. When power and authority is given to any one then a mechanism to control the misuse of such power is also to be provided for its safe administration. In common parlance, it is called accountability, which is a synonym of responsibility, justice, good governance, transparency and so on and so forth. However, it is difficult to explain its various forms and manifestations. It is such an ever expanding concept that every author has set out its own approach to recapitulate the connotations of accountability. Whatever be the common definition of accountability, it subsists when there is a relation between the person and the organization in connection with the performance of some duty.

Accountability is one of cornerstones and prime traits of democratic governance, which serves as an important pillar of good governance. The reflection of accountability can be traced in all the three organs of the State. Executive controls the steering wheel. It decides which way the country will go. The legislature controls the fuel supply. It votes the money to fund the policies which the executive proposes. The judiciary controls the brakes1.

Independence of judicial institution is essential for maintaining the confidence of the public in the judicial system and this independence can be best safeguarded by the judges themselves through adjudication of matters on merit and without fear and extraneous consideration. The

1 Judicial Accountability (www.venice.coe.int/.../McNally_JUDICIAL_ACCOUNTABILITY.pdf)

judiciary is not an exception from the process of accountability; however, the concept of judicial accountability is different from the other organs of the State. The judicial institution like other institutions of a state is accountable for its performance for safer administration of justice. An upright and efficient judiciary no doubt commands the respect of the people in society. I must say that judicial accountability is the bedrock of independence of judiciary. Both are wheels of the same chariot, one cannot be separated from the other. The constitutions of various states have provided enormous powers to the judiciary. Over the arbitrary powers of the executive and legislature, they have the power of judicial review being an independent third pillar of the state. They are the guardians of the constitution and being guardians, they have the power to say “No” to the excessive or arbitrary exercise of authority of other organs of the state, to prevent their onslaught or incursion into the domain of the other.

The judicial institution is placed at a higher pedestal as compared to the executive or the legislature. This is an account of dominant role assigned to it by the constitution. The constitution therefore provides for independence of judiciary. The rationale for the same is to enable the judges to discharge their duty fairly and without undue influence or pressure. The concept of judicial accountability operates at different levels. Firstly, personal conduct; Secondly, decision making and lastly, as an institution as a whole. On all these levels, there must be a set mechanism of accountability. Judicial accountability is an essential principle of justice system for fostering rule of law. The claim of the judiciary to be independent cannot shelter it from responsibility and scrutiny. However, judging inevitably involves discretion, and no discretionary power, no matter how well-intentioned its holder may be, can be thought of as unlimited and uncontrolled2. Judicial independence and impartiality must be properly constrained. This constraint is traditionally dealt with under the rubric of judicial accountability3. Such a check is exercised by the superior appellate forum, as provided by law and regulated by judicial procedure. Different constitutions of the world have dealt with the issue of accountability in different ways. Somewhere it came out through parliamentary impeachment and elsewhere through executive or judicial forums.

In Pakistan, provision of the inexpensive and expeditious dispensation of justice is the constitutional responsibility of the State, which can only be discharged by collective efforts of the three pillars of the State i.e. legislature, executive and judiciary. An independent judiciary can only protect and safeguard the fundamental rights of the citizens and provide justice without fear, favor or ill will. The prime concerns of judiciary in Pakistan at earlier times were separation of judiciary from the executive, qualification for, and mode of, appointment of, judges, their security of tenure, etc, so as to ensure judicial independence, integrity and performance to gain public confidence. These objectives and concerns are by no means surmounted, as it is a continuous process, which will go on to face challenges and meet the requirements of present day society. However, the recent developments in the country, particularly the

2 Mahney,n 28, 320

3 The Independence and impartiality of the International judiciary by James Crawford….

successful lawyers’ movement for the restoration of independent judiciary and rule of law in the country with proactive support of media have changed the perception of the people, who have now greater expectations from the courts. There is thus renewed emphasis on the need, inter alia, for accountability and judicial reform. No public functionary can be exempted from accountability, though the mode of accountability may be different depending on the nature of function, one performs. The judges are accountable for deviating from their oath or prescribed code of conduct. Further, there is a check on the quantum and quality of justice they dispense, through written orders and reasoned judgments. The judgments are open for review and appraisal by the peers operating as an appellate forum. Moreover, fair comment on judgment in temperate language is not only permissible but ought to be encouraged for effective and efficient system of administration of justice.

The Constitution of Pakistan 1973 provides that the judiciary shall not only be separated from the executive,4 but goes to the extent of saying that its independence shall be fully secured5. The Constitution under a separate part deals with the composition and jurisdiction of the judicature and establishment of the Supreme Court, Federal Shariat Court and High Courts along with Administrative Courts and Tribunals.

The Supreme Court of Pakistan is placed at the highest level of the judicial hierarchy and is the Court of ultimate jurisdiction, followed by the Federal Shariat Court and High Courts. Likewise, District Judiciary and Administrative Courts and Tribunals have been established. The District Courts operate under the administrative control of the High Courts. The Supreme Court and High Courts exercise judicial control over the lower courts in the sense that they are the appellate forum against their verdicts. The Constitution contains elaborate provisions on the composition, jurisdictions, powers and functions of the superior courts, the qualifications for and mode of appointment of judges, oath of office and the age of retirement of judges are laid down. Similarly, the grounds and procedure for removal and the terms and conditions of service of judges are elaborately prescribed by the Constitution. Likewise, the judges of the District Courts of the provinces and capital territory appointed under law have prescribed code of conduct enforced by the respective High Court.

The Constitution, in its very preamble, declares that all authority exercisable by the people through their chosen representatives is a sacred trust from Almighty Allah, which makes it clear that justice is a sacred trust. It also lays stress on full application of the superior principles, which are woven into the Constitution. Furthermore, the oath of a Judge implies complete submission to the Constitution and to the law. Therefore, the objective of these governing obligations, the task of interpretation and application of the constitution and the law is to be discharged for the upholding of the rule of law. To be a living embodiment of these powers, functions, and obligations, calls for possession of the highest qualities of intelligence and character. Similarly, it entails patterns of conduct, which are the hall-mark of distinction of a Judge.

4 Constitution of Pakistan 1973, Art. 175 (3)

5 Constitution of Pakistan 1973. Art.2A

The Judges of superior courts take the oath of office to the effect that they will bear true faith and allegiance to Pakistan and discharge their duties and perform their functions honestly, to the best of their ability, and faithfully, in accordance with Constitution and the law. That they shall abide by the prescribed code of conduct and shall not allow their personal interest to influence their official conduct or official decisions. They further solemnly swear that they will preserve, protect and defend the Constitution of Islamic Republic of Pakistan and that in all circumstances they will do right to all manner of people, according to law, without fear or favour, affection or ill-will. The oath is undoubtedly a binding obligation on judges and they have to conduct themselves in a manner to uphold the norms of justice and dispense justice fairly and impartially. Besides oath, there is a prescribed code of conduct for judges.

When we look through the Constitutional history of Pakistan, we find that the successive constitutions provided for the concept of judicial accountability. The first Constitution of Pakistan of 1956 provided that the judges of the Supreme Court shall not be removed from office except by an order of the President made after an address by the National Assembly, supported by the majority of the total members of the Assembly and by the votes of not less than two-thirds of the members present. In the second Constitution of 1962, a mechanism for removal of the Judges of superior Judiciary was prescribed through the creation of “Supreme Judicial Council”. The same scheme was retained the Constitution of 1973. The Council comprises the Chief Justice of Pakistan, two senior most Judges of the Supreme Court and two senior most Chief Justices of the High Courts. The Chief Justice of Pakistan acts as Chairman of the Council. The Council, besides a reference from the President, may, also on its own motion, inquire into the conduct or physical or mental capacity of a Judge of superior courts of Pakistan. After inquiry, if the Council reports to the President that the Judge is incapable of performing the duties or has been guilty of misconduct, the President may remove the Judge from office. If upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. The Supreme Judicial Council is also entrusted with responsibility to issue a code of conduct to be observed by the Judges of the Supreme Court and the High Courts. The code of conduct for Judges of the Supreme Court and High Courts was framed by the Supreme Judicial Council under the 1962 Constitution, which was adopted under the new Constitution and with the passage of time it has been amended. In this code of conduct, an attempt has been made to indicate certain traditional requirements of behavior in the Judges of the Superior Courts, which are conducive to the achievement of standards of justice worthy of a nation.

In Pakistan, after the restoration movement for independent judges, the judiciary of Pakistan entered into a new phase. Now the judiciary is enjoying greater public confidence, which they repose in the judiciary for redressal of their grievances and resolution of disputes. Admittedly, making of the law is the prerogative of the legislature, but the judiciary is at liberty to devise policies within the domain of the existing laws to fill the gap and to meet the expectations of the people and to reform the administration of justice, including devising effective mechanism of accountability of judicial officers and court personnel. Thus, the National

Judicial Policy was launched in the year 2009 under the auspices of National Judicial (Policy Making) Committee. The Chief Justice of Pakistan is the Chairman while the Chief Justices of the Federal Shariat Court and High Courts are the members of Committee. This Policy is outcome of consistent deliberations and consultations of all the stakeholders of the justice sector. This turned out to be one of mega plans for the reformation of judicial sector ever in the judicial history of Pakistan, dealing with all the aspects of administration of justice. This Policy seeks to achieve the efficient utilization of existing resources and operates within the given legal and procedural framework. The key features of the National Judicial Policy are to strengthen the independence of judiciary by its separation from the executive, expeditious disposal of cases and to eliminate the menace of corruption from the judiciary, thereby presenting a clean and positive image of judiciary. The Policy seeks to ensure that constitutional principles of equality before law and equal protection of law are strictly adhered to. Similarly, a number of committees have been constituted at the level of High Courts and District Courts to monitor the performance of the judicial officers and the courts staff. Since the implementation of the policy, it has, by and large, achieved its targets of reducing backlog of cases and bringing accountability and transparency in the court performance, especially at the district level where about ninety percent of the litigation takes place.

Judiciary has to win the public confidence through its efficient performance and by writing quality judgments. Although, the judicial organ of the state is independent in its judicial functions, however, it cannot be left unbridled and without any accountability. Here, I remember Thomas Paine, when he said, and I quote:

“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.”

This trust and respect is not to be demanded, but is to be earned through individual and institutional accountability and by making perpetual reforms in the administration of justice, to live this trust and respect every coming day.

Thank you very much.

BALOCHISTAN ISSUE AND SOLUTION

Supreme Court suspends Farahnaz Ispahani’s NA membership due to American nationality. detailed judgement

IN THE SUPREME COURT OF PAKISTAN
  (Original Jurisdiction)

Present:
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ
Mr. Justice Jawwad S. Khawaja
Mr. Justice Khilji Arif Hussain

Constitution Petition No.05 of 2012

Syed Mehmood Akhtar Naqvi …Petitioner
Versus
Federation of Pakistan thr. Secretary Law and others      …Respondents

For the petitioner: Petitioner in person

On Court Notice: Mr. Irfan Qadir, Attorney General for Pakistan
For respondents: Mr. Dil Muhammad Khan Alizai, DAG
(1,2,4,6,8 & 10)

For respondent No.3: Mr. Qasim Mir Jat, Addl. A.G. Sindh

For respondent No.5: Mr. Jawwad Hassan, Addl. A.G. Pb.

For respondent No.7: Mr. Azam Khattak, Addl. A.G. Balochistan

For respondent No.9: Syed Arshad Hussain, Addl. A.G. KPK

For Ms. Farah Naz Asfahani: Ch. Akhtar Ali, AOR
For Mr. Rehman A. Malik: Mr. M. Azhar Chaudhry, ASC
Raja Abdul Ghafoor, AOR
For Mr. Zahid Iqbal, MNA: Mian Abdul Rauf, ASC
For Ch. Iftikhar Nazir, MNA: Nemo
Date of hearing 25.05.2012
O R D E R
On the last date of hearing, in terms of following paras the respectable representatives being the members of Parliament (Senate & National Assembly) were required to furnish evidence to establish that they have renounced their allegedly acquired nationality of United Kingdom:-
“There is a request for adjournment by Ch. M. Azhar, ASC, learned counsel on behalf of Mr. Rehman A. Malik. It is to be noted that on the last date of hearing CMA was filed by him stating therein that Senator Mr. Rehman A. Malik has renounced his nationality of U.K. after 25th March, 2008. We have pointed out to him during the course of arguments that some evidence has to be produced although his affidavit is available on record. Ch. Iftikhar Nazir, MNA is also required to furnish evidence from the concerned department i.e. passport office to prove his claim that he had never obtained any passport for U.K. and he is not holding nationality of the said country. Similarly, Mian Abdul Rauf, ASC stated that Mr. Zahid Iqbal, MNA is not holding nationality of U.K. but he has obtained a permanent residence in U.K. as he is running a business over there. It is to be noted that a person who renounces nationality has to submit a renunciation form (RN) to the UK Border Agency Department #1 P.O. Box No.306 Liverpool L2 0QN. Therefore, the said persons claiming renunciation are required to furnish evidence with regard to the receipts of the prescribed fee for renunciation to establish that they have been renunciated from British nationality.
2.  Mr. Wasim Sajjad, learned Sr. ASC on behalf of Ms. Farah Naz Asfahani stated that he has been engaged only recently and some time may be given for preparation of brief. Request is allowed. onality.
All the learned counsel appearing on behalf of (1) Senator A. Rehman Malik, Zahid Iqbal and Iftikhar Nazir have stated that short adjournment be given to them to comply with the above order. Request is allowed.
2. On behalf of respondent Ms. Farah Naz Asfahani, respected MNA, Mr. Wasim Sajjad, Sr. ASC sought adjournment on the last date of hearing to file the reply. Today learned counsel is not in attendance and Ch. Akhtar Ali, AOR has made request on his behalf for adjournment. However, CMA 2231/2012 has been filed by the learned counsel on her behalf, in which in the concluding para categorically it has been admitted that “The answering applicant is a natural born citizen of Pakistan as well as of the United States of America by virtue of the permission granted by the Citizenship Act, 1951 as also by the Constitution of Pakistan. The answering applicant took oath at the time she was elected as a Member to be faithful and loyal to Pakistan. Her dual citizenship has not and will not undermine her loyalty to Pakistan.”
3. Ch. Akhtar Ali, AOR has stated that this Court has no jurisdiction to examine this question. We fail to understand that in such an important matter where elected representatives are holding position in Senate & National Assembly and at the same time they are enjoying benefit of dual nationality against the provision of Article 63(1)(c) of the Constitution, if this Court, which is bound to preserve and defend the Constitution, is not empowered to enforce the fundamental rights of the citizens in terms of Article 184(3) of the Constitution, then which Court will be competent to do so?
4. Here it is equally important to note that after her election as Member of National Assembly, she has taken following oath under Article 65 of the Constitution of Islamic Republic of Pakistan, 1973:-
“I,___________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan, and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan.
And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.
5. At the same time, while acquiring the citizenship of USA she has also taken the oath, which is administered to the immigrants, who wish to become citizens of USA. Same is reproduced hereinbelow:-
“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.
6. Prima facie, admission made by her and contents of the oath, which she had already taken of USA and subsequent thereto before the Election Commission of Pakistan in filing the nomination papers to contest the election and then taking oath under the Constitution, she had not disclosed that as far as citizenship of Pakistan is concerned, she had already renounced the same and had abjured all allegiance and fidelity to her country where she was born etc. as per her oath taken at the time of acquiring citizenship of USA. In democratic dispensation under the Constitutional provision the Members of the National Assembly and the Senate occupy their positions as chosen representatives of people of Pakistan and if the chosen representatives of Pakistan have already renounced their citizenship, prima facie under the Constitutional dispensation, they had no right to represent them and decide the issues of all national importance being the members of different committees including Defence etc., where all open and secret policies for the betterment of the people of this country/nation are discussed. Therefore, on having gone through the admission made by her and taking into consideration the oath of the allegiance, which she had already taken while acquiring the citizenship of United State of America, we are prima facie of the opinion that it would be in the interest of this country/nation as well as to enforce the Constitution, her membership of the National Assembly is suspended. She would not be attending the sessions of the National Assembly or any Committee nor she would be participating in the affairs of making policies for this country and the nation till the final decision of the case.
7. As there is a request on behalf of Rehman Malik, Zahid Iqbal and Ch. Iftikhar Nazir and learned Attorney General has also stated that he needs some time to inquire from the Provincial Assemblies with regard to dual nationality, if anyone is holding the same, therefore, case is adjourned to 30th May, 2012.

Chief Justice



Judge



Judge

ISLAMABAD, the
25th May, 2012
Nisar/*

Afridi deserves a fair trial: HRCP

Lahore, May 25: The Human Rights Commission of Pakistan has expressed concern at denial of due process rights to Dr Shakil Afridi, the man accused of helping the US find Osama bin Laden who has been convicted to 33 years in prison, and demanded that irrespective of the charges against him he must get a fair trial.
A statement by HRCP on Friday said: “One is concerned about the security of the country, but that cannot be made the basis of denying rule of law to anyone. HRCP notes with concern that the trial of Dr Afridi falls well short of the due process standards on many counts, not least because the core principle of natural justice has been ignored and Afridi denied due legal assistance. The question of trying Dr. Afridi on charges of treason also remains controversial. His actions may well have been prompted by the declared policy of the State to fight all forms of terrorism in sincerity. Irrespective of the charge against him, there was no reason for trying Afridi in a tribal court, when the supposed offence had taken place in Abbotabad, nor for denying him a public trial or legal assistance of his choice. Such treatment has given rise to perceptions that the only reason he was tried by a tribal court was to deprive him of the rights guaranteed under the constitution of Pakistan. HRCP calls upon the government to ensure that Dr Afridi gets a fair trial and is afforded an opportunity to defend himself against the charge brought against him. That is every citizen’s right and there is no reason why Dr Afridi’s case should be an exception.”

Speaker's ruling victory of democracy: Bilour

ISLAMABAD May 25, 2012: Federal Minister for Railways Haji Ghulam Ahmad Bilour on Friday said that Speaker of the National Assembly Dr. Fehmida Mirza’s decision not to send a reference against Prime Minister Yusuf Raza Gilani to the Election Commission is a victory for democracy and the Parliament.
In a statement issued here, the minister said that the Speaker has proved that the Parliament is supreme institution of the country and every institution should respect it.
The minister said that the Speaker National Assembly gave a decision in favour of democracy and the Parliament, adding that it was a bold decision taken by Dr. Fehmida Mirza.
He also appreciated the Speaker National Assembly and said that any worker or leader of any party would never say any word against his leadership.
 The minister said the Speaker's refusal to send reference against Prime Minister has given a new dimension to the democracy in the country.
He said the government has always been advocating that the President Asif Ali Zardari enjoyed immunity and Constitution does not allow writing letter to Swiss authorities.
Moreover, he said it is so difficult for any worker of any party to write a letter against his leadership, adding that it would be possible if someone resign from his party first.
“Ruling of the Speaker National Assembly would help strengthen democracy,” the minister commented adding that now every institutions of the country should understand that Parliament is supreme institution of the country in democratic system.

RULING IN THE MATTER OF SYED YOUSAF RAZA GILLANI, PRIME MINISTER OF PAKISTN UNDER CLAUSE (2) OF ARTICLE 63 OF THE CONSTITUTION

1.                  The Criminal Petition No.06 of 2012 in Suo Motu case No.4 of 2010 was decided by the Supreme Court of Pakistan vide Short Order dated 26.4.2012 whereby the Prime Minister of Pakistan was punished under Section 5 of Contempt of Court Ordinance, 2003 (Ordinance V of 2003) with imprisonment till the rising of the Court. Sentence was executed forthwith. The detailed judgment was released on 8.5.2012. Both the Orders have been conveyed to me.

2.                  Meanwhile, on 30.4.2012, a reference under clause (2) of Article 63 by Moulvi Iqbal Haider was also received in my office.  He prayed for referring the question of disqualification of Syed Yousaf Raza Gillani from being a member, to the Election Commission, as he has become disqualified from being a member of the Assembly due to his conviction by the Supreme Court of Pakistan under Contempt of Court Law.

3.                  I have gone through the said reference application, the Short Order and detailed judgment of the Supreme Court.  I have also gone through the relevant provisions of the Constitution and the Contempt of Court Ordinance, 2003.

4.                  Before proceeding further, I may like to show my serious concerns regarding letters through which Short Order and detailed judgment of the Supreme Court were separately conveyed by the Assistant Registrar writing for Registrar and addressed directly to the Speaker.  The Speaker holds a constitutional position. She is an elected head of the House and guardian of the rights of 342 Members of the country, representing the will of the people of Pakistan.  The provision of clause (2) of Article 72 of the Constitution confers the privilege upon the Speaker to preside over a Joint Sittings of the Majlis-e-Shora (Parliament), comprising 446 members. She may often require to perform the functions of the President of Pakistan under Article 49. The Speaker is placed in Article 2 of Warrant of Precedence.  In view of the above, the office of the Speaker demands the highest respect from other organs of the State and functionaries of the Government.  The contents of the letters are in bad taste and also against the parliamentary norms and traditions.

5.                  Now coming to the point as to whether any question arises for disqualification of a member from being a Member of Parliament under clause (2) of Article 63 of the Constitution on the basis of material and information placed before me and the powers and jurisdiction of the Speaker under the said Article. I may like to reproduce the provision of clause (2) of Article 63 as under:-
“If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.”
6.                  It would be advantageous here to quote the case law on the subject. It has been held in Kanwar Intizar Muhammad Khan VS Federation of Pakistan and others reported in 1995 MLD Lahore 1903 that the Speaker while examining a reference under Article 63 (2) of the Constitution is not supposed to act merely as post office. If a reference is submitted to him, he is not bound to forward/transmit the same, to the Chief Election Commissioner for decision forthwith.  The Speaker has to apply his own mind judiciously after fully taking into consideration the relevant provisions on the subject and then decide as to whether “any question” in the nature of disqualification has “arisen” which may justify the making of reference to the Chief Election Commissioner.”  The same view was also expressed by Supreme Court of Pakistan in PLD 2005 SC 52.

7.                  The Supreme Court framed the following charge against Syed Yousaf Raza Gillani, Prime Minister of Pakistan:-
“That you, Syed Yousaf Raza Gillani, the Prime Minister of Pakistan, have willfully flouted, disregarded and disobeyed the direction given by this Court in para 178 in case of Dr. Mobashir Hassan v Federation of Pakistan (PLD 2010 SC 265)” to revive the request by the Government of Pakistan for mutual legal assistance and status of civil party and the claims lodged to the allegedly laundered moneys lying in foreign countries, including Switzerland, which were unauthorizedly withdrawn by communication by Malik Muhammad Qayyum, former Attorney General for Pakistan to the concerned authorities, which direction you were legally bound to obey and thereby committed contempt of Court within the meanings of Article 204 (2) of the Constitution of Islamic Republic of Pakistan, 1973 read with section 3 of the Contempt of Court Ordinance (Ordinance V of 2003), punishable under Section 5 of the Ordinance and within the cognizance of this Court. We hereby direct that you be tried by this Court on the above said charge.”

8.                  It appears from above, that no specific charge regarding the propagation of any opinion or acting in any manner against the independence of the judiciary or defaming or ridiculing the judiciary as contemplated under Article 63 (1) (g) has been framed.

9.                    I may like to cite here the case of Mr. Makhdoom Javed Hashmi, the then MNA who, vide judgment dated: 12th April, 2004 passed by Sessions Judge, Islamabad in Session case No.52 of 2003 was convicted and sentenced to imprisonment of 19 years in aggregate under sections124-A/131/109/505 (a)/ 468/471/500/469, PPC.

10.             Makhdoom Javed Hashmi, MNA on 26.08.2004 filed three separate nomination papers as candidate for ascertainment of the Leader of the House. The Government side raised objection that Mr. Hashmi being  convicted is no more Member of National Assembly as he has become disqualified under Article 63 (1) (g) for propagating and defaming the Armed Forces of Pakistan, therefore, he cannot be a candidate for ascertainment of the Leader of the House and his nomination papers be rejected.  However the former Speaker of the National Assembly over ruled the objection  and  accepted the nomination papers of Mr. Hashmi on 26.08.2004 and accordingly the Secretariat made all the arrangements/preparations for ascertainment of the Leader of the House for 27.8.2004 between two contesting candidates i.e. Mr. Shoukat Aziz and Makhdoom Javed Hashmi.

11.             In the light of what has been stated above, I am of the view that the charges against Syed Yousaf Raza Gillani are not relatable to the grounds mentioned in paragraph (g) or (h) of clause (1) of Article 63, therefore, no question of disqualification of Syed Yousaf Raza Gillani from being a member arises under clause (2) of Article 63 of the Constitution. The letters of the Assistant Registrar (IMP) for Registrar of the Supreme Court stands answered accordingly.  Furthermore, the petition of Moulvi Iqbal Haider, Advocate being without any merit, is not maintainable and accordingly rejected.

                                                                                                                    Sd/

DR. FEHMIDA MIRZA
Speaker
National Assembly
Dated:  24th May, 2012