SC to frame charges against Gilani today

 

Prime Minister Yousuf Raza Gilani will appear before Supreme Court on Monday to face contempt charges that could decide his fate and plunge the country into a fresh political turmoil over his refusal to reopen graft cases against the President.

 

Dealing a major blow to PM Gilani, the apex court headed by Chief Justice Iftikhar Chaudhry on Friday had rejected his appeal against framing of contempt charges over his failure to act on its repeated orders to revive cases of alleged money laundering against Asif Ali Zardari in Switzerland.

 

Gilani personally appeared in the court when it took up the contempt case on January 19 and said the government could not reopen the cases against the President because he enjoys complete immunity in Pakistan and abroad.

 

Refusing to buy his arguments, the court told Gilani that he had no option but to write to Swiss authorities to revive graft cases against Zardari as no one was above the law.

 

Insiders in the ruling Pakistan People s Party today said the premier is expected to stick to this position when he appears in court again tomorrow.

 

If Gilani is convicted, he could be imprisoned for six months and face possible removal from office after being disqualified from holding public office for five years.

 

However, legal experts pointed out that the President had the power to pardon him after his conviction.

 

The apex court has been pressuring the government to reopen the cases since December 2009, when it struck down the National Reconciliation Ordinance, a graft amnesty issued by former military ruler Pervez Musharraf that benefited Zardari and over 8,000 others.

 

The PPP has been reluctant to act because top leaders believe any action on the cases in Switzerland could give the Supreme Court an opportunity to interpret the constitutional provision related to presidential immunity.

 

“Once the Swiss cases are reopened, then the court could say it wants to review the President s immunity. And all this will pave the way to launch a  get Zardari  movement on legal grounds,” a PPP leader, who did not want to be named, told PTI.
At the same time, the PPP s top leadership has considered the possibility that Gilani may have to be replaced if the apex court acts against him.

 

Religious Affairs Minister Khursheed Shah and Defence Minister Chaudhry Ahmed Mukhtar have emerged as possible contenders for the premier s slot if Gilani is disqualified, insiders said.

 

There is a section in the PPP which believes that any action taken by the Supreme Court against Gilani could boost the party s standing, especially in the premier’s home province of Punjab, at a time when its fortunes are at a low.

 

“We are fully convinced that Gilani s sacrifice will give a boost to the party and help lay a strong launch pad for the next election,” a presidential aide said.

 

In an indication of the thinking within the PPP, Gilani told a public meeting in Punjab yesterday that now the party s leaders, and not the workers, would make “sacrifices”.

 

Such fears have prompted some of the PPP s allies in the ruling coalition to suggest that the government should act on the court s orders, sources said.

 

During the hearing on Gilani s appeal, the court had said that $60 million that were allegedly laundered will come back to Pakistan only if the letter is written to Swiss authorities.

 

Gilani is expected to take the PPP s allies into confidence about his strategy for the contempt proceedings in the apex court, party insiders said.

 

Within the PPP, no leaders have differed with the top leadership s decision not to reopen the cases in Switzerland, they said.

Congress move for Dr Afridi’s US citizenship not legally binding

 

Congressman Dana Rohrabacher had moved a bill on Friday with the recommendation to grant US citizenship to Dr. Shakeel Afridi, who has been under custody in Pakistan on charges of covertly running a vaccination campaign in Abbottabad to help CIA reach Osama bin Laden s compound.

 

The US state department s spokesperson, Victoria Nuland said “we are aware of the Congress resolution forwarded for granting US citizenship to Dr. Shakeel Afridi”.  She, however, stressed that the bill had not been finalized as yet, and neither had it been formally presented in the Congress.

 

“Such resolutions forwarded by individual members, even if approved, are only recommendations and have no legal binding on the administration”, she stated. The Pentagon spokesman, George Little also declined to publicly comment on the case of Dr. Shakeel Afridi in a separate briefing.

 

He, however, emphasized that “anybody helping US to reach Osama bin Laden was working against al-Qaeda and not against Pakistan”, hinting that the US was not realy happy with the treatment meted out to Dr. Afridi, who was being accused of treason for helping a foreign country s forces covertly.

 

The spokespersons of Pentagon and State Department also expressed ignorance about a letter written by Pakistan s lobbyist in Washington, DC, Mark Siegel to US officials seeking apology for the NATO airstrike on November 26 that killed 24 Pakistani soldiers. The incident has led to heightened tensions between both countries. 

 

“We are not aware of Pakistani lobbyist s letter  to US officials asking for apology on NATO attacks”, Victoria Nuland said. She, however, sought to press home a point that “we don t conduct our business with Pakistan through private lobbyists, but through officials channels like Ambassador Munter in Islamabad and Ambassador Rehman in Washington”.

 

“We are respectful of the time Pakistan wants to complete its parliamentary review and remain open to discussion on every issue”, she said while disagreeing that communication lines with Pakistan were suspended as the US was awaiting the parliamentary recommendations.

 

“Our civilian programmes in Pakistan are going forward without any change or impediment. It s only a question of where we go on security and counter-terrorism issues with Pakistan”, she pointed out.

 

George Little, while saying that he was unaware of any such letter, said that “we signaled our willingness after the NATO airstrike to brief Pakistan after the completion of NATO attack inquiry report”.

 

“We have not had a chance to discuss the report with Pakistani authrities in person, but will welcome the opportunity to do so”, he observed while adding that there was no word from Pakistan yet on re-opening of ground supply routes for NATO forces that were closed down in protest after the incident. 

- Contributed by Awais Saleem, News Trends correspondent in Washington, DC
 

Lahore: 2 dacoits killed in police encounter

 

According to police, some people riding on two cars were trying to escape after attacking a police party.

 

The dacoits started firing on police when they chased them. The police also retaliated which led to exchange of fire that continued for more than half an hour.

 

Two of the dacoits were killed in police firing while others managed to flee. The bodies were shifted to hospital for medico legal requirements.

 

The police said that the dacoits killed in the firing were wanted by various police stations in different cases of robberies and other crimes.
 

US drones targeting mourners, rescuers: Report

 

According to an investigation by the Bureau for the Sunday Times, the CIA’s drone campaign in Pakistan has killed dozens of civilians who had gone to rescue victims or were attending funerals.

 

The report was published days after US President Barack Obama claimed that the drones had “not caused a huge number of civilian casualties” in Pakistan.

 

However, according to research by the Bureau, it was stated that since Obama took office three years ago, between 282 and 535 civilians have been credibly reported as killed including more than 60 children. The report claims that: “A three month investigation including eye witness reports has found evidence that at least 50 civilians were killed in follow-up strikes when they had gone to help victims. More than 20 civilians have also been attacked in deliberate strikes on funerals and mourners. The tactics have been condemned by leading legal experts.”

 

The reports also reveal that often when the US attacks militants in Pakistan, the Taliban seal off the site to retrieve the dead. However, “an examination of thousands of credible reports relating to CIA drone strikes also shows frequent references to civilian rescuers. Mosques often exhort villagers to come forward and help, for example – particularly following attacks that mistakenly kill civilians.”

 

The Bureau’s report also states that according to Peter Singer, director of the 21st Century Initiative at the Brookings Institution, the US now has 7,000 drones operating and 12,000 more on the ground.
 

Pakistan to limit US unilateral actions: Hina Rabbani

KABUL: Pakistan will tell the United States it cannot take unilateral actions such as the raid that killed Osama bin Laden and that parliament will determine military priorities, the foreign minister told a US magazine.

A Pakistani parliamentary committee is reviewing the troubled relationship with the United States amid outrage over a NATO raid in November that mistakenly killed 24 Pakistani soldiers near the Afghan border at Salala.

Pakistan Foreign Minister Hina Rabbani Khar, in an interview with Time magazine released Wednesday, said that the upcoming report would recognize the importance of US ties but “will redefine what is uncompromisable for Pakistan.”

“It is the parliament of Pakistan that must decide whether it is time for military action in one area or not,” she said.

Asked what Pakistan’s red lines would be, she said: “No unilateral action at any level, of any type. Like Abbottabad. Like what happened in Salala.”

Khar, on a visit to Kabul on Wednesday, rejected the accusations and said that Pakistan has “no hidden agenda” in Afghanistan, where Western forces aim to pull out most combat troops by 2014.

In the interview with Time, Khar said that Pakistan will support “whatever path the Afghans choose for themselves.”

“Pakistan’s desires and hopes for Afghanistan are nothing more than a peaceful, stable Afghanistan,” she said.

Khar also urged an end to US drone attacks in lawless areas of Pakistan. US President Barack Obama said Monday that drones have killed Al-Qaeda militants, but Pakistan says the unmanned attacks fuel bitterness and create more extremists.

Khar said that the United States, despite its public support for democracy, has ignored criticism of the drones from Pakistan’s parliament expressed “at the top of its lungs.”

“So is very difficult to explain why the US would choose to ignore the will of 180 million people and think it knows better,” she said.

According to an AFP tally, 45 US missile strikes were reported in Pakistan’s tribal belt in 2009, 101 in 2010 and 64 in 2011.

The New America Foundation think-tank in Washington says drone strikes in Pakistan have killed between 1,715 and 2,680 people in the past eight years.

US diplomatic cables leaked by WikiLeaks in late 2010 showed that Pakistan’s civilian and military leaders privately supported US drone attacks, despite public condemnation in a country where the US alliance is hugely unpopular. AGENCIES

Doctors, paramedical staff on roads in protest

TrendPK.com
KARACHI: Doctors and paramedical staff of the city’s Abbasi Shaheed Hospital and Institute of Heart Diseases are on roads to protest over the salaries, TrendPK reports Thursday.

The crew of Abbasi Shaheed Hospital kept main thoroughfare of Nazimabad-7 till the filing of this news post, causing the traffic holdup. Meantime, Institute of Heart Diseases, in protest against the non-payment of their salaries for four months now, is all protest at Waterpump Chowrangi, causing massive gridlock on all converging roads.

The doctors and paramedical staff, after closing down the OPD, are demanding for the raise in salaries, posing serious troubles to the patients and their attendants with frequent scenes involving exchange of hot words being witnessed.

Demonstrators warned to continue their strike until they are assured by the high-ups over the issue. TrendPK

Supreme Court summons PM Gilani, again

TrendPK.com

ISLAMABAD: In another unprecedented move, the Supreme Court of Pakistan has summoned Prime Minister Syed Yousuf Raza Gilani, again, on Feb 13 in the case of contempt notice issued to the PM over his failure to pursue NRO cases, TrendPK reports.

The premier faces disqualification in case he is convicted by the jury, a matter of great concern for the fragile government facing demands of snap polls in the country.

“The court has ordered to charge-sheet the Prime Minister on Feb 13,” PM’s lawyer Aitzaz Ahsan said while speaking to newsmen after a seven-member SC bench, headed by Justice Nasirul Mulk, heard the case.

“We still reserve a right to appeal against the decision and I have suggested it to my client,” he said, adding that Gilani can maintain his office despite the conviction.

Law experts, however, say a contemnor can’t hold any public office at least for five years.

“I’m worried about the growing gulf and tension between state institutions. The court should not only take to task civilian leadership… A third party can take advantage of this situation,” he replied when asked about possibilities of yet another military takeover.

“Those generals who detained judges should also be served contempt of court notices,” he appealed the apex court.

The PM had appeared in the apex court on Jan 19 and was exempted from next appearance. However the court on Thursday again decided to summon the PM observing that the PM has committed contempt of court by not ordering reopening of cases against President Asif Ali Zardari. TrendPK

Experts see constitutional crises as PM facing ‘charge-sheet’

TrendPK.com

ISLAMABAD: As Prime Minister Syed Yousuf Raza Gilani faces jail and lose of his office, if convicted, law experts are of the view that the government is on the course of constitutional crises and clash with state institutions, TrendPK reports.

Renewing political tension in the country, Supreme Court on Thursday prepared to charge PM Gilani with contempt of court for his failure to re-open corruption cases against President Asif Ali Zardari.

PM’s lawyer Aitzaz Ahsan says “We still reserve a right to appeal against the decision and I have suggested it to my client”.

Speaking to newsmen after a seven-member SC bench, headed by Justice Nasirul Mulk, heard the case, he said Gilani can stay on his office despite the conviction. Law experts, however, say a contemnor can’t hold any public office at least for five years.

“I’m worried about the growing gulf and tension between state institutions. The court should not only take to task civilian leadership… A third party can take advantage of this situation,” he replied when asked about possibilities of yet another military takeover.

“Those generals who detained judges should also be served contempt of court notices,” he appealed the apex court.

 President Supreme Court Bar Association Yasin Azad says the situation is moving towards a constitutional crisis “therefore all the institutions should keep in view the future of this country at every step.
 
PPP MNA Nazar Gondal says their leadership respects judiciary, “but we will use our legal right to appeal against the decisions.”

Prominent lawyer, Ahemd Raza Qasuri says “the government is at the point of no return, facing unprecedented situation.”

Deputy speaker Sindh Assembly Shehla Raza said “thought all this did not go well today but Peoples Party has always surrendered before judicial verdicts.”  TrendPK

French judge to probe killings in Afghanistan

 

A magistrate will investigate whether France s military is to blame for not ensuring the safety of 10 French troops killed in a Taliban ambush on an Afghan mountaintop in 2008, officials said Monday.

 

The probe, the first of its kind in France, could raise uncomfortable questions about whether a government can be held to account for the death of its soldiers at war a prospect France s top military man rejects.

 

The Paris appeals court on Monday gave its go-ahead to a probe of the killing of the French soldiers in the Uzbin Valley, judicial officials said. The officials were not authorized to be publicly named because of judicial policy.

 

It was the bloodiest single day for French forces since they joined the U.S.-led international coalition in Afghanistan a decade ago. The soldiers  families have sought an investigation for years, and faced repeated delays. They filed a legal complaint saying the French military didn t ensure the soldiers  safety, and their lives were unnecessarily put in danger.

 

The authorization for a probe comes as President Nicolas Sarkozy is speeding up the timetable for France s pullout from the NATO-led operation in Afghanistan, after a French-trained Afghan soldier killed four French troops on Jan. 20.

 

Just two days before those killings, Adm. Edouard Guillaud, the head of the French armed forces, warned against allowing courts to get involved in adjudicating on matters of war and the military.

 

“When it is excessive or poorly understood, it can imperil our operational effectiveness,” Guillaud said, adding that military chiefs must not be hindered in their decision-making when it comes to “risk inherent to the military career.”

 

“A soldier who dies in combat is not a victim: He or she is first a man or woman who takes his or her commitment to the fullest,” he added.

 

A change in the judicial status of France s military opened the door to the investigation. Such complaints were once heard by a military court; now, under a legal change authorized by President Nicolas Sarkozy s government, the Paris court has been granted jurisdiction since Jan. 1.
 

PNG rebels seek pardon

 

A day after a retired colonel seized Papua New Guinea’s military headquarters in an attempt to force out the prime minister, the ex-soldier was holed up in a nearby barracks on Friday, demanding a pardon for himself and his supporters.

 

A small group of soldiers led by retired Col. Yuara Sasa put the military’s top commander under house arrest Thursday in a bloodless, pre-dawn takeover, but later that day Prime Minister Peter O’Neill said Brig. Gen. Francis Agwi had been released and remained in charge of most of the military. O’Neill said Sasa had been “dealt with,” but did not say how.

 

The mutiny was part of a power struggle in which O’Neill and former Prime Minister Michael Somare claim to be the rightful leader of the South Pacific island nation.

 

On Friday, police said Sasa was at Taurama Barracks in Port Moresby, near the military headquarters, with about 20 supporters. Police spokesman Dominic Kakas said Col. Sasa had asked for a pardon.

 

“That is correct, yes,” Kakas said. “They are trying to sort something out.”

 

On Thursday, Sasa had told reporters in Port Moresby he was giving O’Neill seven days to comply with a Supreme Court order reinstating Somare as prime minister. The government responded by calling on Sasa’s group to surrender and saying the mutiny had little support.

 

Deputy Prime Minister Belden Namah told reporters Thursday that about 30 soldiers were involved in the mutiny and that 15 of them were arrested. Namah said Sasa could be charged with treason, which carries the death sentence.
Australian Prime Minister Julia Gillard condemned the mutiny, saying in a written statement that the military has no place in Papua New Guinea’s politics. Australia is the main provider of foreign aid to its former colony.

 

“It is critical therefore that this situation be resolved peacefully as soon as possible, with the PNG Defense Force chain of command restored,” she added.

 

Somare was Papua New Guinea’s first prime minister when it became independent in 1975, and was knighted by Britain’s Queen Elizabeth II. Papua New Guinea’s Parliament replaced him with O’Neill in August, while Somare was getting medical treatment outside the country.

 

Last month, the country’s Supreme Court and Governor-General Michael Ogio backed Somare, who the court ruled was illegally removed. But Ogio changed his mind days later, saying bad legal advice had led him to incorrectly reinstate Somare.

 

Sasa, who was Papua New Guinea’s defense attache to Indonesia before retiring from the military, has said Somare appointed him defense chief. Somare’s spokeswoman and daughter, Betha Somare, said that his ousted Cabinet had confirmed Sasa’s appointment several days ago. She did not respond to a request for comment on Friday’s developments.

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