------------------------------------------------------------------- DAWN WIRE SERVICE ------------------------------------------------------------------- Week Ending : 24 August 2002 Issue : 08/34 -------------------------------------------------------------------
Contents | National News | Business & Economy | Editorials & Features | Sports
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CONTENTS ===================================================================
NATIONAL NEWS + Indian land, air attack repulsed + Agosta being launched today + Benazir's counsel files amended petition + LFO aims to keep Benazir out: counsel + 'Amendments to give Martial Law permanence' + Benazir files papers for 2 NA seats + Muttahida threatens boycott + Amendments irreversible: Musharraf + NSC set up; powers to sack govt restored + PPP rejects constitutional amendments + Incursions might be going on into Valley: Musharraf + Benazir's return to end in prison + CEC asks government to amend law + Kashmiri leaders never ignored Pakistan: FO + Allotment of election symbols complete + ARD demands caretaker set-up for fair polls + Parties, lawyers reject packages of amendments + EC asked to disqualify 99 ex-MNAs, senators + CEC takes notice of PPP leaders' complaint + PPP urges CEC to reconsider decision + Musharraf reuniting turncoats: PML-N + Musharraf assures Fahim of fair polls + EC rejects PML(Z) documents + Benazir firm on contesting polls + LHC rejects plea against Benazir's conviction + Benazir's plea to be reheard on 21st + Asif's petition dismissed + Cases against Benazir, Asif: NAB viewpoint + Arguments continue: Meerwala case + Defence raises qualms about case registration: Meerwala case + Meerwala: defence starts arguments today + Meerwala: ATC accepts plea for re-examination of PWs + Evidentiary record misplaced, ATC told: Meerwala gang-rape case + Defence wants rape victim re-examined + Rape victim won't face punishment, rules Shariat Court + Four Harkat men indicted in car bomb case + CPNE urges govt to promulgate legislation --------------------------------- BUSINESS & ECONOMY + $10m loan accord with WB signed + US refixes $3bn debt repayment dates + Marked improvement in economic indicators, says IMF + Judicial reforms plan hits snags + $5bn debt rescheduling arrangements finalized + Weekend selling clips gains on stock market + Despite official spat financial market behaves modestly --------------------------------------- EDITORIALS & FEATURES + We never learn from history-4 Ardeshir Cowasjee + The abiding tragedy of reformers Ayaz Amir ----------- SPORTS + Waqar offers no excuses for Pakistan's exit + Pakistan crash out of Morocco Cup + Sri Lanka beat Pakistan + Shoaib back, Saqlain not considered + Inzamam bitterly disappointed + PCB's shabby treatment of Saqlain and Saeed + Jansher refused wild card for not appearing in trials + Jansher looks to Europe for comeback

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NATIONAL NEWS
20020824
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Indian land, air attack repulsed
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By Faraz Hashmi

ISLAMABAD, Aug 23: Indian army, backed by Mirage-2000 fighter 
planes, launched an attack on Thursday night on Pakistan army 
positions in the Gultari sector, 30km from Skardu. "Vigilant 
Pakistani troops engaged Indian troops and caused heavy casualties 
running into dozens of personnel," ISPR Director-General Maj-Gen 
Rashid Qureshi told a press conference.

The Indians' attempts to reinforce the attack failed because of 
accurate fire by the Pakistani troops, he added. "Unable to make 
any headway, despite losing dozens of personnel, the Indians in 
their frustration resorted to a highly escalatory act by bombing 
the area using the air force."

The Inter-Service Public Relations chief said that Indian planes 
had carried out four to five sorties to bomb Pakistani positions at 
an altitude of 16,900 feet.

Describing the use of India air force to target Pakistani positions 
as a highly escalatory act, Maj-Gen Qureshi did not rule out the 
possibility of the clash spilling over to other areas.

Last time the Indians used their air power during the Kargil 
conflict in 1999, losing two fighter planes.

The ISPR chief did not give details of Pakistan's response to the 
air attack and violation of its airspace. "They moved in and moved 
out," he said.

About the exact number of casualties suffered by the Indian army 
Maj-Gen Qureshi said it was in two digits.

In reply to a question about the number of troops used by the 
Indian army, he said 70 soldiers were involved in the attack.

Giving the latest situation in the area, he said an intermittent 
exchange of fire was going on and the Indians were unable to 
retrieve their bodies. Pakistan army, he said, did not suffer any 
causality.

Reflecting on the causes of the attack, the ISPR chief said India 
perhaps wanted to show the world that the situation was still tense 
thereby creating an excuse for keeping its troops on border.

Maj-Gen Qureshi recalled a similar incident in July when India had 
initially admitted little casualties. But, later they had sacked 
one of their commanding officers for conducting a highly grievous 
operation.

On the deployment of troops by India, he said a frustration was 
setting in among the Indian soldiers and added that the number of 
incidents where Indian troops had revolted against their commanders 
was increasing.

The ISPR chief said that the Indian army was under tremendous 
pressure for having failed to have any face saving.

On India's denial of any such attack, he said it was their pattern 
to refuse or conceal an incident where they got beating.

He agreed that the timing of the attack was significant as the US 
Deputy Secretary of State Richard Armitage had arrived in Delhi. In 
reply to another question, he said Pakistan had been exercising 
maximum restraint and trying to avoid any conflict with India.

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20020824
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Agosta being launched today
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KARACHI, Aug 23: The Pakistan Navy will launch its first 
indigenously built submarine today, a press release said.

The launching of this submarine symbolizes an important landmark in 
the acquisition of the Agosta 90B submarine, which is being 
indigenously built in Pakistan.

Construction of second Agosta 90B started in 1998, as part of the 
same contract under which DCN International of France had 
constructed one Agosta 90B at Cherbourg, France, while two are 
being built locally.

The submarine being launched is the second of the series - the 
first being the PNS/M Khalid, which was commissioned in September, 
1999, and is operating successfully since then. The Agosta 90B has 
been named as a Khalid Class submarine.

The two submarines at present being constructed here would 
progressively replace a part of the submarine fleet.

The design of the Agosta 90B is similar to the proven Agosta, built 
by France in the 70s. The new Agostas have been fitted with modern 
command and control systems and weapon suites. These subs are 
capable of launching anti-ship missiles and various types of 
torpedoes.

The Navy's Agosta 90B will be equipped with a 200kW MESMA 
installation. This air independent propulsion system will 
significantly increase submerged endurance of the vessel.

The first MESMA propulsion unit has been delivered and will be 
installed in the third of the three Agostas being built in Karachi.

The Agosta 90B has been designed for anti-submarine, anti-surface, 
intelligence gathering and sea patrol operations. -APP

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20020824
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Benazir's counsel files amended petition
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Staff Reporter

KARACHI, Aug 23: Counsel for former prime minister Benazir Bhutto 
filed amendments in the constitutional petition to impugn the 
substitution in article 63 (1) (p) of the constitution.

A division bench of the Sindh High Court had on Thursday allowed 
Barrister Kamal Azfar's application for amending the prayers, in 
view of the situation after the promulgation of the Legal Framework 
Order 2002 on Aug 21.

In the additional ground the petitioner has maintained that "the 
substitution of paragraph (p) in article 63 (1) of the Constitution 
of Pakistan by the impugned CEO order/LFO of 2002, is in violation 
of the Constitution and the judgment of the Supreme Court of 
Pakistan in Zafar Ali Shah's case."

Through the amendment, the petitioner has also prayed for declaring 
the substitution of paragraph (p) in article 63 (1) of the 
constitution without lawful authority and of no legal effect.

It is the case of the petitioner, whose case is being argued by 
Barrister Azfar and Farook H. Naek, advocate, that she has never 
absconded in terms of section 31-A of the NAB Ordinance of 1999, as 
the petitioner has left the country with the permission of the 
Lahore High Court. Thus, no question of disqualification under 
clause 2 (n) of article 8D of CE Order No 7 of 2002, as amended, 
arises.

Even otherwise, article 8D 2 (n) only applies where a person has 
been "convicted" of absconcion. Under section 31-A, the guilt is 
determined by operation of law and not as a result of conviction. 
Thus, the disqualification envisaged under article 8D 2 (n) does 
not apply in the case of the petitioner.

It is her case that section 31-A of the Ordinance of 1999 only 
applies where a person absconds in order to avoid being served with 
any process.

The very concept of automatic conviction, let alone one without 
even a trial, is completely subversive of the cardinal principle of 
due process of law and is inconsistent with the norms of civility 
and justice.

Article 8D 2 (n) of CEO7 of 2002, as inserted by CEO No 21 of 2002, 
is violative of articles 4 and 9 of the constitution as a person is 
disqualified from being elected to the parliament against the 
doctrine of due process of law and the principle of natural 
justice.

It is also the petitioner's case that section 31-A of the NAB 
Ordinance 1999 is violative of article 175 of the constitution as 
it interferes with the judicial functions, which the courts are 
required to perform in accordance with, inter alia, the Criminal 
Procedure Code, while dealing with cases of absconcion. The 
legislative fiat reflected by section 31-A of the Ordinance 1999 
flouts the independence of judiciary.

This section, which automatically convicts a person, is violative 
of articles 4 and 9 of the constitution which guarantee the right 
of every citizen to be dealt with in accordance with law and that 
no action detrimental to liberty shall be taken except in 
accordance with law. Conviction of a person without any trial 
whatsoever is a mockery of the due process of law.

It is Ms Bhutto's case that section 31-A of the Ordinance 1999 
which automatically finds a person guilty for reason of absconcion 
regardless of the individual circumstances of each case, is 
manifestly arbitrary and discriminatory.

It is her case that the impugned provisions have been enacted by 
Gen Pervez Musharraf with the declared malafide intent of 
disqualifying her from the electoral process thereby 
subverting/frustrating the free exercise of expression of will by 
the people of Pakistan through ballot.

It is her case that article 8D 2 (n) of CEO 21 of 2002, as amended, 
is inconsistent with article 63 (h) and (l) of the constitution, 
which already provides for convictions which results in 
disqualification of a person.

Article 8 D 2 (n) of CEO of 21 of 2002, as amended, is outside the 
parameters of limited power to amend the constitution for the 
welfare of the people which has been circumscribed in Zafar Ali 
Shah's case.

Besides praying for declaring the modification to article 63 (1) 
(p) illegal and unconstitutional, the petitioner has also prayed 
for declaring that section 31-A of the National Accountability 
Bureau Ordinance of 1999 and article 8D 2 (n) of CEO 7 of 2002 as 
inserted vide CEO 21 of 2002, is ultra vires of the provisions of 
the constitution.

The petition is fixed on Aug 27 before a division bench of the 
Sindh High Court.

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20020823
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LFO aims to keep Benazir out: counsel
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Staff Reporter

KARACHI, Aug 22: Counsel for Benazir Bhutto termed the Legal 
Framework Order illegal and contended that amendments to the 
constitution, especially to article 63 (p), were mala fide and 
intended to keep the petitioner out of political dispensation.

Counsel Barrister Kamal Azfar was arguing before a bench of the 
Sindh High Court, comprising Justice Sabihuddin Ahmed and Justice 
Ali Aslam Jafferi, on a petition in which the former prime minister 
has prayed for enforcement of her right to contest election to the 
National Assembly from NA-207 and has challenged the Musharraf 
regime's measures to keep her out of the political and electoral 
process.

"These amendments are illegal and mala fide and outside the ambit 
of powers conferred by the Supreme Court in Zafar Ali Shah's case," 
argued Barrister Azfar who, along with Farooq H. Naek, represented 
the former prime minister.

The bench also allowed the petitioner's application for filing an 
amended petition, also questioning amendment to article 63 (p) of 
the constitution. The petitioner has prayed for declaring this 
illegal.

The counsel sought an interim order from the court, allowing the 
petitioner to file nomination papers for NA-207, saying that it 
should be left to the voters once again to decide who should 
represent them.

It was also prayed that the returning officer should be directed 
not to announce adverse order on scrutiny until her petition was 
decided.

Justice Ahmed observed that "you can always file a nomination 
paper. The court can always grant you relief if it comes to a 
conclusion that the amendments are invalid."

Attorney-General Makhdoom Ali Khan argued that the question was 
whether disqualification was constitutional or unconstitutional, 
whether the amendments were constitutional or unconstitutional? It 
was his contention that appeal against rejection of nomination 
papers could be raised at an appropriate forum.

He argued that the "court has powers to strike down a 
constitutional provision, but it cannot suspend a provision of 
law."

Barrister Azfar, however, said that the apprehensions expressed by 
him on Wednesday that the adjournment was being sought in order to 
bring an amendment to cover up the illegalities in the CEO No 21 of 
2002, which was inconsistent with article 63.

He said that the chief executive had no legislative power or 
jurisdiction to make any change or amendment to the constitution as 
the power to amend the constitution was the prerogative of a duly 
elected parliament.

He added that the government was motivated by the desire to 
introduce new faces in the political arena. If such practice was 
permitted this would be fraught with dangerous consequences. He 
pointed out that when Hussain Shaheed Suhrawardy was disqualified 
under the EBDO by Ayub Khan, the leadership of the Awami League was 
transferred to the "new face" of Shaikh Mujibur Rahman.

The AG opposed the maintainability of the petition. He said that 
appropriate remedy had been provided in the Election Laws.

He argued that no interim order could be passed by this court, as 
in election matters this court could not interfere. He also 
submitted that the petitioner had not filed nomination papers. If 
she did so and the same were accepted or rejected, a legal remedy 
was available in either case to aggrieved parties. If her 
nomination papers were accepted, other contesting candidates had a 
right to challenge her candidature. In case nomination papers were 
rejected, an appeal lay before the Election Tribunal.

He pointed out that the returning officer had not yet rejected her 
nomination papers.

Barrister Azfar relied upon the case of Ghulam Mustafa Jatoi in 
which a constitutional petition was filed and interim relief was 
given. He submitted that his client had a strong prima-facie case 
to contest the election and the balance of inconvenience was also 
in her favour.

He said that if interim relief was not allowed, the petitioner 
would suffer irreparable loss and the voters of NA-207 would be 
deprived of an opportunity to elect the petitioner.

Counsel Farook H. Naek pointed out that in case interim relief was 
not granted the name of the petitioner would not appear on the 
ballot paper and she would not be able to challenge the elections 
even under the election laws, whereas no harm and/or injury would 
be caused if the petitioner was allowed to contest the election.

The court then put off the hearing to Aug 27.

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20020823
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'Amendments to give Martial Law permanence' 
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By Saleem Shahid

QUETTA, Aug 22: The senior deputy chairman Pakhtoonkhwa Milli Awami 
Party, Abdur Rahim Mandokhel, rejected the constitutional 
amendments announced by President Musharraf on Wednesday and 
described it a permanent form of Martial Law in the country.

Giving reaction over the amendments here on Wednesday, he said that 
the PMAP had already expressed its apprehension regarding military 
government's designs regarding imposing permanent military rule in 
the country.

"We are continuously saying, the present government wanted to 
impose a permanent martial law in the country and it was proved 
today true when President Musharraf announced constitutional 
amendments," Mr Mandokhel said adding that the government has now 
imposed a military constitution in the country.

The PMAP leader strongly opposed the formation of Security Council 
and said that it will be a permanent hanging sword over the head of 
an elected government and parliament.

"There is no need of National Security Council. The parliament 
itself could play the role of NSC," he added. He said that his 
party would not accept these illegal constitutional amendments and 
would resist them. He urged upon all the political parties to get 
united and resist these amendments with full force.

He said that through these amendments military generals would 
remain involved in the affairs of the civil government. He appealed 
to all political parties and civil society organizations to take 
serious notice of these constitutional amendments and evolve a 
joint strategy for launching struggle against it.

Secretary Gen Awami National Party Dr Inayatullah said that the 
supreme court should review the constitutional amendments announced 
by the President Musharraf.

Sardar Sanaullah Zehri chief of newly formed Balochistan National 
Democratic Party said that the president has no power to amend the 
constitution as only an elected parliament could do it. He said 
that now it depends on the new parliament that would it approve 
these amendments or reject it.

The secretary general of Jamhoori Watan Party Mr. Khuda-i-Noor 
while committing on the amendments said that people of the country 
and political parties had already rejected all such amendments 
proposed or announced by General Musharraf.

He said that on one side he was claiming to restore democracy in 
the country while on the other hand he announced that he would 
remain President and Chief of Army Staff for five years.

The Secretary General of Jamiat Ulema-e-Islam, Maulana Abdul 
Ghafoor Haideri also rejected the amendments and said that Supreme 
Court of Pakistan has no power to authorize any person or General 
to make any amendment in the constitution. He said that General 
Musharraf should have to present all these amendments before the 
elected parliament but he ignored all rules and regulations and 
made amendments by himself.

The president of Balochistan National Party, Sardar Akhtar Mengal, 
while rejecting the amendments said that all political parties 
should shun their differences and get united for launching a joint 
struggle against these amendments.

He suggested that all political parties should boycott the coming 
general elections as protest against these illegal constitutional 
amendments. He said that the new parliament would be just a rubber 
stamp, as all powers would be with the president.

Jamal Khan Jogezai central leader of Pakistan People's Party has 
also rejected the constitutional amendments and said that president 
has no powers to take such important decisions which could only 
take an elected parliament.

He demanded that Gen Musharraf should conduct free and fare 
elections and should hand over the government to the elected 
representatives of the people.

The provincial president PML(Q) Balochistan, Jam Mohammed Yousaf, 
however, welcomed the constitutional amendments announced by the 
president and said that it would necessary in the larger interest 
of nation and promotion of democracy in the country.

Committing on the amendments he lauded the minimum required 
amendments in the constitution and said that President Musharraf by 
restoring article 58 (2-B) had blocked the way of martial law and 
in future if the circumstances went worse, president could dissolve 
the assembly.

He also welcomed the amendment authorizing the president for 
appointing chairman Joint Chiefs of Staff committee and services 
chiefs and said it would create balance of power between president 
and prime minister.

Regarding the constitution of National Security Council, the PML-QA 
Balochistan, Jam Yousaf said it would play a role of a bridge 
between the president and the parliament and termed it beneficial 
for a better democracy in the country.

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20020823
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Benazir files papers for 2 NA seats
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By M.B. Kalhoro

LARKANA, Aug 22: Nomination papers of PPP chairperson Benazir 
Bhutto for two National Assembly seats were filed on her behalf by 
some PPP leaders here on Thursday.

The former prime minister is a candidate from the constituencies of 
NA-204 Larkana-I and NA-207 Larkana-IV.

Ms Bhutto has attached a copy of her MA degree from Oxford 
University with the nomination papers. Mohammad Ayaz Soomro, 
president of the district bar association and senior vice-president 
of the PPP in Larkana district, and Dr Ashraf Abbasi, a former 
deputy speaker of the National Assembly, filed Ms Bhutto's papers 
with the returning officer for NA-204 Larkana-I, Abdul Ghani 
Soomro. This was the constituency from where Begum Nusrat Bhutto 
had previously been elected.

Later, they went to Ratodero and filed her papers for NA-207 
Larkana-IV with Akhlaque Hussain Larik, the additional district and 
sessions judge.

Advocate Zulqarnain Abro and Mazhar Ali Junejo are the proposer and 
seconder of Ms Bhutto for NA-204, respectively. Aijaz Leghari and 
Shafique Ahmed Soomro are the proposer and seconder for NA-207, 
respectively.

Mr Soomro said that scrutiny of papers for NA-204 and NA-207 would 
be held on Aug 26 and Aug 30, respectively. It would only be after 
the scrutiny that the returning officer would announce the 
acceptance or rejection of nomination papers, he added.

Shamim-ur-Rahman adds from Karachi: Ms Bhutto's petition 
challenging the government's bid to prevent her from contesting the 
elections is now fixed for pre-admission hearing on Aug 27.

Her counsel's plea for restraining the returning officers from 
pronouncing order on her nomination papers until her petition is 
decided, was not accepted by a division bench of the Sindh High 
Court.

Justice Sabihuddin Ahmed observed that "you can always file a 
nomination paper. The court can always grant you relief if it comes 
to a conclusion that amendments are invalid".

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20020823
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Muttahida threatens boycott
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Staff Correspondent

HYDERABAD, Aug 22: The deputy convenor of Muttahida Qaumi 
Movement's coordination committee, Aftab Ahmad Sheikh, hinted at 
the possibility of boycotting the October elections in case hurdles 
were created in the way of the party.

Talking to a group of newsmen after obtaining nomination form for 
NA-219, Sheikh, however, said the MQM had not still decided to 
boycott the polls. However, he did not altogether rule out the 
possibility of boycotting the polls in case his party was not 
allowed to enter certain areas where, according to him, the MQM had 
12 to 15 provincial assembly and six to seven National assembly 
seats.

"What will be the use of any such election when we are denied 
permission to contact our voters and attempts are made to forcibly 
prevent the MQM from winning some seats," Sheikh said.  

He, however, added his party was making full preparations to 
contest the polls. He said his party had already brought its 
complaints with regard to the existence of "no-go areas" on record 
and it was up to the authorities concerned to take notice of it.

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20020822
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Amendments irreversible: Musharraf
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By Faraz Hashmi

ISLAMABAD, Aug 21: President Gen Pervez Musharraf said the 
constitutional amendments incorporated by his government are 
irreversible and need no validation by the parliament to be formed 
after October elections.

If the future parliament tried to reverse amendments particularly 
the one pertaining to the National Security Council either "they 
will have to quit or I will quit," President Musharraf said at a 
press conference held here at PTV Chaghi auditorium.

"I am here by making it a part of the constitution through the 
powers given to me by the supreme curt I do not need assembly's 
approval," Gen Musharraf said in a very categorical terms when 
newsmen repeatedly asked whether these constitutional amendments 
were subject to the approval of future parliament.

The newsmen were curious as to what would happen in case of a hung 
parliament and the government failed to muster two- third majority 
required for validation of the amendments.

Gen Musharraf minced no word in making it plain that these 
amendments would not be required to be ratified or approved by the 
parliament.

The president, who in his opening remarks had made abundantly clear 
that any body having any objection on these amendments could take 
legal recourse, said the supreme court had given him the mandate to 
amend the constitution and they had exercised it 'in the national 
interest.'

When pointed out that some critics had been asserting that the 
supreme court had no powers to amend the constitution then how it 
could delegate these to any individual or institution, he said, the 
matter could be referred to the apex court of the country.

The president said that he would continue as the president and the 
chief of army staff for the next five years and a provision to this 
effect had already been incorporated in the constitution.

He said they had amended the Article 41(7) and he would relinquish 
the charge of chief executive. He was not sure about the dates on 
which his fresh tenure of five years would start. He had to consult 
Gen Tanvir Hussain Naqvi, the author of these controversial 
constitutional amendments. Mr Naqvi like an efficient sub-ordinate 
sprang in his seat saying that his fresh term would begin the day 
he would assume the charge as the president. However, Mr Naqvi did 
not give any specific date but he was positive that it would not 
start from the date of the holding of referendum.

Replying to a question about the powers of the future prime 
minister, he said, he would be totally empowered to run day to day 
affairs of the government and to formulate different policies, 
including trade policy, financial policies etc.

The president rejected an assumption that through the establishment 
of National Security Council, army's role in the running of the 
government would be legitimized.

"I will not intrude in the running of the government," Gen 
Musharraf retorted. He expounded that the NSC would be set up to 
introduce a system of checks and balances.

Every army chief had to face tremendous pressure by the public and 
forced to interfere in the affairs of the government. "I had 
visited president house for more than 100 times," he said referring 
to his tenure as the Chief of Army Staff before the military take 
over of October 1999.

"If you want to keep army out you bring them in," the president 
said giving the rationale behind NSC. "In the presence of this 
forum the army chief would not take over," he added.

"We have included those who can take this rash decision," he 
remarked later. However, the president repeatedly said that he is 
not in favour of army rule and believes in democracy.

A number of questions were asked about the fate of Sharif family 
and PPP chairperson Benazir Bhutto. On asking such questions the 
president even lost his cool. He said: "what is your view that the 
looters and plunders would be condoned by the people," if they were 
voted into power.

About the Sharif family, he said, they had gone abroad through an 
agreement between the two governments to which they were also 
signatory.

He disagreed with a suggestion that the agreement should be made 
public. They (Sharifs) were unnecessarily creating confusion by 
issuing statements of their arrival knowing fully well that they 
could not come.

When his attention was drawn towards an observation of the LHC he 
said the court had no knowledge of the agreement. Here the law 
minister bailed him out by saying that the court's ruling has 
become infructuous.

The president said that no member of the family could return and 
contest the elections.

In an emphatic tone he dispelled the rumours about postponement of 
elections saying they were determined to hold free, fair and 
impartial elections.

About the lifting of ban on political activities, he said, it would 
be withdrawn at an appropriate time. However, he said no 
processions would be allowed and political parties would only have 
the opportunity to hold public meetings. He said there was no bar 
on politicians to appear on electronic media. 

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20020822
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NSC set up; powers to sack govt restored
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By Ihtasham ul Haque

ISLAMABAD, Aug 21: President and Chief Executive Gen Pervez 
Musharraf issued the Legal Framework Order 2002 interjecting many 
amendments to the 1973 Constitution, particularly the restoration 
of Article 58(2-B) to dismiss the government and setting up of the 
National Security Council.

The LFO 2002 shall come into force at once.

The president unveiled the much-awaited amendment package at a news 
conference by saying that all the political and economic reforms 
introduced by his government as well as the LFO 2002 did not 
require to be validated by parliament.

"We had been allowed by the Supreme Court to make necessary 
amendments to the Constitution and we have done this job for which 
I do not need any validation or approval of the future assembly," 
Gen Musharraf declared.

Many proposed amendments, he pointed out, had been withdrawn after 
consultations with politicians, legal and constitutional experts, 
intellectuals and journalists. The proposals withdrawn related, 
among other matters, to the appointment of prime minister by the 
president and reduction of the term of senators from six to four 
years and that of the National Assembly from five to four years.

The LFO 2002 created the provision of the NSC under Article 152A 
which says that there shall be a National Security Council to serve 
as a forum for consultation on strategic matters pertaining to the 
sovereignty, integrity and security of the state; and matters 
relating to democracy, governance and inter-provincial harmony.

When reminded that Law Minister Khalid Ranjah was on record having 
stated that the future assembly could undo the new amendments, the 
president replied: "Yes, the new assembly could discuss them but we 
will not allow anyone to scrap them".

He said there was a strong need for checks and balances for which 
it was imperative that the president had powers to dissolve the 
assembly. However, he added, such a decision would be taken with 
the active participation of the NSC.

An amendment has been made to Schedule (Article 3) under which the 
Chief Executive shall relinquish the office of the CE on such day 
as he may determine in accordance with the Supreme Court judgement 
of May 12, 2000, and shall hold the office for a term of five years 
under the Constitution.

The president has been empowered to appoint, in his discretion, the 
chairman Joint of Chiefs of Staff Committee and all the three 
service chiefs.

Under the LFO 2002, there shall be 342 seats of the National 
Assembly against the existing 217, and it will include seats 
reserved for women and non-Muslims. Likewise, the Senate shall 
consist of 100 members against the present 87.

The president said that a decision had been taken to create a 
Mediation Committee for removing differences between the Senate and 
the National Assembly. The Mediation Committee has been created by 
amending Article 71 which says that all the decisions shall be made 
by a majority of the total number of members of each House in the 
Mediation Committee. 

The Mediation Committee will have eight members each from the 
Senate and the National Assembly.

Many amendments, the president said, were dropped and left to the 
future assembly whether to consider them or not.

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20020822
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PPP rejects constitutional amendments
-------------------------------------------------------------------
Staff Reporter 

ISLAMABAD, Aug 21: The Pakistan People's Party has rejected 
President Gen Pervez Musharraf's announcement of constitutional 
amendments saying no individual has the right to make amendments to 
the Constitution.

The PPP spokesman, Farhatullah Babar, commenting on the Gen 
Musharraf's news conference on the powers of the president and the 
setting up of the National Security Council, said: "the PPP rejects 
constitutional amendments."

No individual has the right to make amendments to the Constitution, 
he maintained.

"The PPP rejects the National Security Council as a body of checks 
and balances over the elected government and institutions of 
democracy... It is a device to re-write the civil-military equation 
on the military's terms, which no civil society can accept," Babar 
said.

"The PPP believes that the regime, despite its machinations and 
massive pre-poll rigging, is mortally afraid of an assertive 
parliament coming into being which will not accept the amendments 
being imposed unilaterally by the regime. That is why it has 
resorted to massive emasculation of the Constitution to load the 
dice against civil society, political parties, and the institutions 
of democracy."

He said parliament will be free to change the laws, and reject the 
constitutional amendments of the regime.

The spokesman said the PPP was part of the ARD, which has declared 
that no ARD party, after being elected, would ratify the 
constitutional amendments as it was beyond the competence of a 
military general to make changes in the Constitution.

The PPP rejects Musharraf's' contention that there was no need of 
approval for the constitutional changes from parliament. 

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20020821
-------------------------------------------------------------------
Incursions might be going on into Valley: Musharraf
-------------------------------------------------------------------
ISLAMABAD, Aug 20: President Pervez Musharraf has said that 
militants may still be crossing the Line of Control into occupied 
Kashmir. "The possibility is there...it's like the Afghan border, 
only much worse," Gen Musharraf told AFP in an exclusive interview 
at his official residence outside Islamabad.

"Militants going across (a possibility)? Yes, sympathizers. A 
possibility of individual small groups going across is there, 
because when 700,000 troops of Indians can't block the borders, how 
can they expect us to block the borders?" However, Gen Musharraf 
said there had been no large-scale or government-sponsored movement 
of militants over the LoC since he pledged to halt the incursions 
earlier this year.

OSAMA WHEREABOUTS: President Musharraf said he accepted that Osama 
bin Laden and Mulla Omar could be hiding in Pakistan's western 
border tribal belt. But, he observed, it was more likely they were 
sheltering in Afghanistan.

"I won't entirely rule it out," he said of the chances that the 
two, who have eluded the 10,000-strong coalition of international 
troops, were being helped by sympathizers in the semi-autonomous 
tribal belt that borders Afghanistan.

He insisted that Osama, if he had survived the US-led coalition 
offensive in Tora Bora in December and the Shahi Kot Valley in 
March, would have trouble hiding in Pakistan.

"He is not the kind of person that would be moving alone or in a 
very small group, he would be moving in a very big group," Gen 
Musharraf said.

"He's not an ordinary man. He must be moving with 100 to 200 people 
around him to give him all the protection, so that kind of group, 
such a large group, would not be able to hide in Pakistan."

The president said there was a chance that Mulla Omar had crossed 
the porous mountain border. "I wouldn't negate it altogether, the 
border is very porous, inhospitable country, movement cannot be 
seen entirely. "Therefore I can't rule it out or say that there's 
an absolute zero possibility of his coming to this side. He could."

However the absence of Afghan government authority beyond Kabul 
made conditions far more inviting for the fugitive Taliban leader 
inside his country, Gen Musharraf said.

"He's an Afghan. He would be much more comfortable operating, 
moving within Afghanistan where it is very convenient to his 
movements because after all the writ (control) of the government is 
not there.

"Why would he come into Pakistan?"

"If I was he, I wouldn't come this side. It is much easier to stay 
there (in Afghanistan)."

REGROUPING: The president warned that Al Qaeda may be re-grouping 
in Afghanistan because of the weakness of the Afghan government.

Gen Musharraf said the failure of US-led forces and the Kabul 
administration to establish control outside the capital despite the 
massive US military campaign meant conditions were ripe for the 
militants network to re-emerge.

"Taliban-cum-Al-Qaeda groups could be re-grouping because the 
government does not exercise control everywhere.

"The writ of this Afghan government is not spreading all over 
Afghanistan, which it should have," the president said.-AFP

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20020821
-------------------------------------------------------------------
Benazir's return to end in prison
-------------------------------------------------------------------
ISLAMABAD, Aug 20: President Pervez Musharraf said that Benazir 
Bhutto would be arrested immediately if she flew back to Pakistan 
to contest the Oct 10 elections.

"She goes to jail" as a convicted absconder, the president told AFP 
when asked about Ms Bhutto's much-vaunted plan to head home after 
four years in self-imposed exile to contest polls.

The PPP chairperson has been convicted twice this year of 
absconding as she failed to return from abroad for two separate 
graft trials. The convictions disqualify her from the elections 
under a new electoral law ushered in by the government which bars 
absconders from running for office or leading political parties.

The president said if Ms Bhutto went ahead with her plans he would 
not prevent her plane landing at Pakistani airports, nor prevent 
her entering the country through airport immigration.

"She goes through in a normal manner and we arrest her and we take 
her straight to the jail," he said in an interview at his official 
residence.

"Against Benazir there are dozens of cases. She better face them."

The general accused both Ms Bhutto and PML leader Nawaz Sharif of 
ruining the country through corruption.

SHAHBAZ SHARIF: Shahbaz Sharif, who has been in exile with Nawaz 
Sharif for 20 months, would also be stymied in his homecoming bid, 
the president said. "He'll board the next plane and go back to 
Saudi Arabia," if he tries to fly into Pakistan. "He can't come 
back."

Gen Musharraf said the Sharifs had signed a "confidential" document 
agreeing to stay away from Pakistan for 10 years.

The Sharifs deny any such pact exists. "They went because of 
certain assurances from the Saudi government, on their own sweet 
will," the president said.

"They felt very happy leaving this country and going. You should 
see the photos when they left and when they arrived there, how 
happy they are, so in this agreement, I know that he won't come."

Gen Musharraf said Pakistan needed new faces in its political 
arena.-AFP

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20020821
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CEC asks government to amend law
-------------------------------------------------------------------
By Rafaqat Ali

ISLAMABAD, Aug 20: Chief Election Commissioner asked the government 
to amend the Representation of Peoples Act to restore the facility 
of covering candidates and allow the candidates to submit party 
certificate till the last date for the withdrawal of the 
candidatures.

The Election Commission had received complaints from the political 
parties that the amended Representation of People Act had made it 
difficult for the candidates to file their nomination papers.

It was complained that the amended law had made it mandatory that 
the candidate should file a declaration about his party affiliation 
at the time of filing of nomination papers along with a certificate 
from the political party showing that he was a party candidate from 
the constituency.

An announcement by the Election Commission, said that the CEC 
Justice Irshad Hasan Khan had taken cognizance of the difficulties 
faced by the political parties and had recommended the president to 
immediately make appropriate legislation for the redress of the 
grievances for the political parties so that the requisite 
certificate might be submitted before the last date fixed for the 
withdrawal of candidatures.

Raja Zafarul Haq of PML(N) had written a letter to the CEC 
complaining that the new procedure for filing of nomination papers 
required every candidate to submit certificate from his political 
party stating that he was the nominee of that particular party.

It was further pointed out that previously, the procedure was that 
the parties used to submit certificate for allocation of party 
symbol to candidate after acceptance of their nomination papers and 
before publication of final list of candidates.

The complainant said that under the new procedure, if papers of a 
candidate, whom political party had issued a certificate were 
rejected then that party loses the opportunity to field a candidate 
from that constituency.

The PML representative had objected to the new procedure and had 
requested that the previous procedure which was adopted after a 
long experience of several elections be restored under which 
parties should be allowed to submit certificate of nomination in 
respect of candidate till publication of the final list of 
candidates accepted to contest elections from that constituency.

The CEC also took notice of the reported amendment in the Punjab 
Local Government Ordinance, 2001, allowing Nazims and Naib Nazims 
to contest elections without tendering resignation from their 
respective offices.

The CEC directed the Punjab government to immediately withdraw the 
reported legislation to ensure fair and transparent forthcoming 
elections.

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20020820
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Kashmiri leaders never ignored Pakistan: FO
-------------------------------------------------------------------
By Hasan Akhtar

ISLAMABAD, Aug 19: Pakistan on Monday maintained that "genuine" 
Kashmiri leaders had never excluded Islamabad from any negotiations 
on the Kashmir dispute with New Delhi.

Foreign office spokesman Aziz Ahmad Khan said this when asked about 
a report from Srinagar suggesting that the All Parties Hurriyat 
Conference leaders, who held talks last week with a non-official 
team of Indian interlocutors on the issue, had expressed 
willingness to go ahead with negotiations with the Indian 
government.

The spokesman pointed out that the "genuine representatives" of 
Kashmir who had held talks with the Indian team headed by Ram 
Jethmalani had firmly stated that India, Pakistan and the Kashmiris 
had to be involved in negotiations to reach any settlement of the 
dispute. This, he added, was a position which the Hurriyat and 
Pakistan had always maintained.

The spokesman said there were about 58 Pakistanis in the American 
detention camp in Guantanamo Bay and expressed the belief that 
almost all of them were innocent. He said the government would take 
up the question of their release with the American government as 
soon as it received report from the Pakistani officials who had 
visited the Cuban island for interrogating the detainees.

Referring to a European Union team of elections observers, the 
spokesman said the team, already in the country, was welcome to 
Pakistan and it did not require any formal invitation or any 
Memorandum of Understanding to carry out its assignment.

The spokesman assured that the security of the EU observers was 
being taken care of by the authorities concerned in the same normal 
manner as that for any other foreign visitors to the country.

In reply to a question, he said a misunderstanding had arisen 
because of a statement attributed to EU team leader John Cushnahan 
about the electoral process to which the government had sharply 
reacted. However, he added, after a subsequent statement by Mr 
Cushnahan that his task was to observe the polls and in no way he 
intended to interfere with the electoral process the matter had 
been resolved. But, the spokesman wondered, why did not these 
foreign teams visit occupied Kashmir to observe farcical elections 
there and report their findings in the same manner as on events in 
Pakistan.

His comments were sought on a statement by the American general 
leading the anti-terrorist campaign against Al Qaeda fighters that 
up to 1,000 of those extremists were operating from adjoining 
sanctuaries in Pakistan thus making it complicated for him to 
pursue the Osama supporters. Rejecting the statement by Lt-Gen Dan 
McNeill, the spokesman recalled that Interior Minister Moinuddin 
Haider had already refuted the general's assertion. Mr Haider had 
emphasized that Pakistan's security network was unbreachable and no 
Al Qaeda terrorist had been able to enter Pakistan.

Asked how could one determine the veracity of the two statements, 
the spokesman said that Mr Haider was the interior minister who 
should know better about these things in the country.

The spokesman said that about 11 Pakistanis detained in Afghanistan 
had been unfortunately killed recently in an attempted jail-break. 
He said the Pakistani ambassador in Kabul was in contact with the 
Afghan officials for the early release of about another 800 
Pakistanis detained there.

He recalled that President Pervez Musharraf during his visit to 
Kabul sometime back had been assured by President Hamid Karzai that 
the Pakistanis would soon be released and repatriated.

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20020820
-------------------------------------------------------------------
Allotment of election symbols complete
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 19: The Election Commission allotted election 
symbols to 38 more political parties, including the PPP 
Parliamentarians and Pakistan Muslim League (N).

The Election Commission turned down the request of five parties, 
including Millat Party of Farooq Leghari, for allotment of separate 
symbols on the grounds that they were the part political alliances.

EC Secretary Hasan Mohammad told Dawn that the process of allotment 
of symbols was almost complete. The Election Commission would take 
up the case of those six parties that had resubmitted their 
documents after those were originally returned for not being in 
conformity with the Political Parties Order 2002, he said.

Pakistan People's Party Parliamentarians headed by Makhdoom Amin 
Fahim was allotted the symbol of its choice - arrow. Pakistan 
Muslim League, now headed by Shahbaz Sharif, also got the symbol of 
its choice, tiger.

Pakistan People's Party (Sherpao), which was also a contender for 
arrow, got lamp. Another faction of the PPP, Shaheed Bhutto, led by 
Ghinwa Bhutto got 'fist' as election symbol. On Saturday, the 
Election Commission had allotted Muttahida Qaumi Movement the 
symbol of its choice - kite.

Pakistan Muslim League (Quaid-i-Azam) was allotted 'bicycle' as 
election symbol. Pakistan Muslim League (J) had also applied for 
the same symbol and the EC had to draw lots between the PML (QA) 
and PML (J) for 'bicycle'.

The EC stated that on perusal of record "it transpired that PML (J) 
was part of Grand Democratic Alliance and, therefore, not entitled 
to a separate symbol. Thus the symbol of 'bicycle' was allotted to 
PML (QA)".

The EC stated that the allotment of 'bus' to the Grand Democratic 
Alliance was subject to deletion of the name of Pakistan Mazdoor 
Kissan Party, Islamic Democratic Front and Tehreek Wafaq Pakistan 
from the list of its component parties, as the request of these 
parties for registration as parties had been turned down by the EC 
on the ground that their documents were not in conformity with the 
provisions of the PPO.

The EC said the GDA was required to delete the names of Pakistan 
Qaumi Pashtoon Tehreek and Jamaat-i-Islami (Modoodi Group) as those 
parties had not submitted their documents to the Election 
Commission.

Pakistan Humwattan Party, Mohajir Ittehad Tehreek, Markazi Jamaat 
Ahle Hadis Pakistan, Balochistan National Party (Awami), Pakistan 
Muslim League (J) and Jamiat Ulema-i-Pakistan (Noorani) were not 
allotted separate symbols as their being part of the Grand 
Democratic Alliance and Muttahida Majlis-i-Amal.

Following is the list of political parties and the election symbols 
allotted to them: PPP Parliamentarians, arrow; PPP (Sherpao), lamp; 
Pakistan Awami Tehreek, truck; Tameer-i-Pakistan Party, hammer; 
Balochistan National Democratic Party, spade; Balochistan National 
Party, axe; Pakistan Muslim League (QA), bicycle; Pakistan Muslim 
League (Jinnah), television; National Alliance, tractor; Nizam-i-
Mustafa Party, clock; Muttahida Majlis-i-Amal Pakistan, book; 
National Awami Party Pakistan, fan; Mohajir Qaumi Movement 
Pakistan, candle; Qaumi Inqilab Party, boat; PPP (Shaheed Bhutto), 
fist; Sunni Tehreek, table lamp; Pak Wattan Party, railway engine; 
Balochistan National Congress, horse; Hazara Qaumi Mahaz, tumbler; 
Mohib-i-Wattan Nowjwan Inqilabion Ki Anjuman, cap; Sindh Democratic 
Alliance, dove; Kakar Jamhoori Party Pakistan, stag; Tehreek 
Hussainia Pakistan, bridge; Pakistan Shia Political Party, hukka; 
Pakistan Muslim League (F), rose; Ittehad Milli Hazara, bottle; 
Balochistan National Movement, saw; Labour Party Pakistan, trowel; 
Qaumi Jamhoori Party, sickle; Istiqlal Party, football; Shan-e-
Pakistan Party, flower vase; Pakistan Pakhtoonkhwa Milli Awami 
Party, tree; Pakistan Muslim League (N), tiger; Grand Democratic 
Alliance, bus; Pakistan Democratic Party, umbrella; Pakistan Social 
Democratic Party, wrist-watch; Azmat-i-Islam Movement, spectacles; 
Pakistan Muslim League (Qasim), handpump.

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20020820
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ARD demands caretaker setup for fair polls
-------------------------------------------------------------------
By Ashraf Mumtaz 

LAHORE, Aug 19: The Alliance for Restoration of Democracy (ARD), if 
voted into power, will not act against Gen Pervez Musharraf for 
subverting the constitution, provided he hands over power to a 
caretaker government of national complexion to hold free and fair 
elections, coalition chief Nawabzada Nasrullah Khan declared here 
on Monday after a meeting of the alliance components.

"We are not vindictive. But he (Gen Musharraf) should quit without 
delay, and hand over power to an interim government", the 
octogenarian leaders said at a briefing at the residence of 
Istiqlal Party chief Manzoor Gilani.

Rejecting constitutional amendments package (already announced) as 
well as the 'abridged' one (expected to be enforced any time 
through a presidential order), the Nawabzada said the ARD parties 
would try their best to block their approval by the future 
parliament.

No ARD party, after being elected, would ratify any constitutional 
amendment as it was beyond the competence of a military general to 
alter the basic law, he pledged.

The alliance of over a dozen parties, including the PPP and PML(N), 
also refused to accept Gen Musharraf as an elected president and 
declared that if the ARD came to power it would hold fresh 
elections for the office of the president in accordance with the 
provisions in the constitution.

The ARD chief, who has quitted electoral politics in favour of his 
sons and grandsons, strongly opposed the Muslim League (F) 
president Pir Pagara's proposal that general elections should be 
postponed for a period of six months.

"We don't recognize as legitimate the three-year term the general 
says was mandated by the Supreme Court. The 140 million people of 
Pakistan should not be punished with an extra- constitutional 
rule".

Despite the announcement of the election schedule, the Nawabzada 
said the ARD would remain intact. He said a committee had been 
constituted under his chairmanship for seats adjustment among the 
alliance components. Doors for adjustments were also open with 
other parties and alliances striving for the restoration of a 
democratic rule, he said. (PPP sources say that the time for 
adjustments was over as the party had almost finalized its 
candidates for all constituencies).

He said that the alliance candidates would not indulge in 
character-assassination of each other during the election campaign 
even in those constituencies where adjustments were not possible.

About the possibility of returning home of Benazir Bhutto and Nawaz 
Sharif to contest the elections, the leader from Khangarh said, 
they had the right to lead their respective parties in the polls.

He pointed out that Mian Nawaz Sharif, Mian Shahbaz Sharif and 
Begum Kulsoom Nawaz would be filing their nomination papers; Ms 
Bhutto had also declared that she would return to contest the 
election.

He told a questioner that the ARD would not accept the results of 
the elections, if rigged. He alleged that the government machinery 
was already involved in pre-poll rigging to get the desired 
results.

He criticized the government for threatening to expel the European 
Union election observers, saying that they represented their 
governments and could not be treated as NGOs.

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20020818
-------------------------------------------------------------------
Parties, lawyers reject packages of amendments
-------------------------------------------------------------------
By Shujaat Ali Khan

LAHORE, Aug 17: An overwhelming majority of political parties which 
attended a 'joint meeting' sponsored by Pakistan Bar Council, vowed 
to scrap the constitutional amendments being proposed by the 
military government and elect a new president in accordance with 
the constitutional provisions.

A joint declaration adopted by the meeting also called for 
resignation or removal of the Chief Election Commissioner to ensure 
the impartiality and credibility of the October polls. It also 
demanded an immediate withdrawal of all curbs on political 
activities to enable the parties and their candidates to launch 
their election campaign.

PPP, PML(N), Jamaat-i-Islami, Tehrik-i-Insaaf, Muttahida Qaumi 
Movement, Awami National Party, JUP (Noorani), PDP, Pakistan Awami 
Tehrik, Jahmoori Watan Party, Pakhtoonkhwa Milli Awami Party and 
Jiey Sindh Mahaz supported the declaration and voted for it.

The representatives of the Mohajir Qaumi Movement, which favoured 
the declaration, and of the Millat Party and the PPP (Shaheed 
Bhutto), expressed reservations and left before voting while the 
PML (QA) man restrained from giving any opinion about the 
declaration.

AMENDMENTS: The meeting declared that amending the Constitution was 
the exclusive function of parliament and no other individual or 
institution had any authority to arrogate it or change it.

It rejected the presidential referendum held in April and said it 
conferred no legitimacy on the president.

The meeting condemned 'the pre-poll rigging being done through 
changes in the election laws and rules and through frequent 
transfers and postings of government officials and by use of 
intelligence agencies.'

It demanded withdrawal of the election orders and ordinances which 
had virtually amended the Constitution and called for the 
establishment of an independent and impartial election commission. 
Elections should be held as scheduled and international observers 
should not only be allowed but facilitated to perform their job, 
the declaration said.

The meeting, held in the Lahore High Court Bar Association's 
Shuhada-i-Karachi Hall, lasted for about four hours and was 
addressed, among others, by Qazi Hussain Ahmad (JI), Dr Mubashir 
Hasan (PPP-SB), Sardar Assef Ahmed Ali (PML-J), Qasim Zia (PPP), 
Akram Zaki (PML-N), Sikandar Hayat Malhi (PML-QA), Mairaj Mohammad 
Khan (TI), Mahmud Khan Achakzai (PKMP), Ehsan Wyne (ANP), Barrister 
Shahzad Jahangir (Millat Party), Nawab Mirza (Muttahida), K. M. 
Azhar (JUP-Noorani), Mohammad Nawaz Gondal (PDP), Abdul Khaliq 
Junejo (JSM), Khadim Husain Qaiser (PAT), Aamar Khan (MQM) and 
Amanullah Kanrani (JWP).

Pakistan Bar Council vice-chairman Ashraf Wahla, PBC executive 
committee chairman Haleem Pirzada and Supreme Court Bar Association 
President Hamid Khan conducted the proceedings and read out the 
declaration.

SYSTEM: The JI chief read out a representation made to President 
Pervez Musharraf by Muttahida Majlis-i-Amal leaders. He stuck to it 
in his one-to-one meeting with the president. It warned the 
president that constitutional amendments at this stage were misuse 
of the restricted power conferred on him by the Supreme Court. 
There should be no departure from the parliamentary system and 
separate electorate. He said the need of the hour was to mobilize 
voters and mount a vigorous election campaign.

K. M. Azhar warned that the proposed amendments would convert the 
form of government into semi-presidential, if not entirely 
presidential.

Dr Mubashir Hasan said the real issue was not any constitutional 
amendment but empowerment of the people. Unless the real power was 
transferred to the people, no law or constitution could prevent 
military take-overs and civilian misrule. Lawyers and the people at 
large should not pin hopes on those who served and promoted vested 
interests. He warned of a 'widening gulf' between the citizen and 
the state.

Sardar Assef said the PML-J supported the campaign against the 
proposed constitutional amendments. The whole Constitution would 
revolve round the president and the prime minister would only act 
as an intermediary between the parliament, the president and the 
national security council.

Mr Jahangir said Millat Party would consider the amendments on 
merit and would not blindly reject or accept them. The new 
parliament should have no objection to amendments made to introduce 
checks on arbitrary exercise of power. Those who misappropriated 
public money or indulged in corruption should have no right to 
contest elections.

POWER TO PEOPLE: Mr Malhi said the PML-QA regarded the people as 
the source of power but could not close its eyes to realities. He 
urged the meeting to determine who chained the parliament first. 
Who got a constitutional amendment adopted within 14 minutes to 
render the MPs powerless? It was easy to talk in terms of idealism 
but difficult to practise it. Why political parties made a beeline 
to register themselves under the new Political Parties Order? He 
said his party had also made certain compromises in the long-term 
interest of a workable democracy.

Qasim Zia said his party was proud that all political parties were 
today fighting for restoration of the 1973 Constitution, which was 
enacted by a government led by the PPP founder. The PPP got itself 
registered under the PPO but under protest. There should be no 
compromise on principles.

Ehsan Wyne said that 1973 Constitution was made by a truncated 
parliament but his party joined in its enactment in the interest of 
democracy and federalism. It did not fulfil its promise because of 
unilateral amendments and under the new system envisaged by the 
government, even cities and towns would be under direct central 
rule.

Akram Zaki warned of a constitutional crisis after Oct 12 when the 
government would lose whatever legal justification it has to rule 
under the Supreme Court judgement in Zafar Ali Shah's case. The 
government was more interested in constitutional amendments than a 
timely transfer of power, he said.

CIVILIAN SUPREMACY: Mr Achakzai said the basic issue to be settled 
was that of civilian supremacy. Was Pakistan created for popular 
government or for military government? Smaller provinces had 
suffered more on account of frequent imposition of martial law, he 
added.

Pakistan, he added, was passing through a critical phase of its 
history and it must be decided once and for all that military would 
perform the functions assigned to it without dabbling in politics. 
He appreciated that Lahore, which earlier supported military 
interventions, was hosting a meeting against a military regime. He 
said the 1973 Constitution was not the last word and it should be 
suitably amended to guarantee provincial autonomy.

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20020818
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EC asked to disqualify 99 ex-MNAs, senators
-------------------------------------------------------------------
By Syed Irfan Raza

ISLAMABAD, Aug 17: The Capital Development Authority (CDA) has 
asked the Election Commission to disqualify 99 former 
parliamentarians from contesting the forthcoming general elections 
for non-payment of outstanding arrears of parliament lodges and 
hostels, a well placed source in the CDA told Dawn.

The authority has sent a letter to the EC secretary, requesting him 
to take action against the defaulters so that they could pay their 
dues amounting to Rs5 million before participating in the polls.

The letter said the authority had served several notices to the 
defaulters but they did not respond. Special senior magistrate of 
the CDA, Arshad Mehmood Chaudhry, had declared them defaulters 
under Land and Revenue Act, 1967.

The authority has contended that as 100 former MNAs and senators 
had been declared defaulters, therefore they should not be allowed 
to contest the elections, the source said.

The interior ministry had directed the district coordination 
officers (DCOs) to recover the outstanding accommodation arrears 
from the MNAs and senators. However, no DCO could recover the dues 
from any of the defaulters so far.

He said the notices had already been served on the defaulters 
through the concerned DCOs of their areas. "If they do not pay 
their dues they should not be able to take part in the elections," 
he added.

He said letters regarding recovery of dues would also be sent to 
the returning officers who will be appointed for the coming 
elections, so that the defaulters could not take part in the polls 
unless they retire their arrears.

The source said two of the parliamentarians, Mr Asardas and 
Choudhry Zafarullah Tarar paid their arrears of Rs10,395 and 
Rs10,430 respectively. However, 99 former parliamentarians have not 
yet paid their dues. Of them 77 are stated to be former members of 
National Assembly and 22 former senators.

Following is the list of the defaulters and the amount of their 
arrears: Mir Baksh Domki, Rs266,475; Malik Muhammad Ali, Rs220,630; 
Hafiz Fazal Ahmed, Rs202,705; Malik Kabir Khan, Rs196,695; Malik 
Zulfiqar Chamkani, Rs165,092; Dr Abdul Hai Baloch, Rs106,035; Mian 
Umar Hayyat, Rs140,987; Babu Ghulam Hussain, Rs103,215; Khawaja 
Kamaluddin Anwar, Rs164,251; Mian Noor Muhammad Bhapa, Rs128,394; 
Choudhry Muhammad Ashiq Dehal, Rs119,420; Malik Abdul Wahid, 
Rs168,386; Maulana Samiul Haq, Rs2,485; Tariq Aziz, Rs8,565; Ghulam 
Akbar Lasi, Rs18,446; Malik Mushtaq Ahmed Awan, Rs23,290; Iqbal 
Ahmed Khan, Rs4,080; Malik Mukhtar Ahmed Awan, Rs22,080; Makhdoom 
Rukan Din, Rs21,267; Sohrab Khan Khoso, Rs1,885; Ghulam Sabir c/o 
Fakhar Imam, Rs5,285; Haji Amanullah, Rs18,935; Arif Jan Hasni, 
Rs25,330; Mian Muhammad Shafi, Rs23,220; Malik Waris Khan, 
Rs10,080; M Adnan c/o M Sultan Gondal, Rs22,300; Ghulam Mustafa 
Bajwa, Rs18,270; Riaz Hussain Qureshi, Rs12,565; Samandar Razzaq, 
Rs26,275; Dil Murad Jamali, Rs2,800; Nawab M Yasin, Rs5,545; Ghulam 
Haider Talpur, 2,100; Khurshid Alam Cheema, Rs21,565; Qamar Zaman 
Khagga, Rs4,560; Shamim N.D.Khan, Rs5,850; Farid M. Jadoon, 
Rs21,400; Salim Khan Jalil, Rs24,815; Begum Razia Khanum Sarwar, 
Rs30,425; Sultan Ahmed Chandio, Rs34,010; Malik Syed Ahmed Khan, 
Rs46,997; Haji Annayat Jan, Rs25,655, Sobedar Khan Mandukhail, 
Rs78,135; Mian M. Amjad Joya, Rs4,410; Rao Qaisar Ali Khan, 83,830; 
Wazir Ali Bhatti, Rs19,679; Dr Ismail, Rs7,725; Nawab Amanullah 
Sihal, Rs788; Muhammad Ayub Jank, Rs3,360; M Zafar Advocate, 
Rs2,170; Ghulam Dastagir Khan, Rs2,075; M Ayub c/o Sanaullah 
Baloch, Rs16,200; Khalid Javed Garki, Rs5,250; Choudhry M. Iqbal 
Bosal, Rs15,320; Shakeel Ahmed Baloch, Rs50,280; Muhammad Nawaz 
Ilahi, Rs67,788; Muhammad Raza Khan, Rs41,185; Muhammad Ayub Ilahi, 
Rs24,214; Manzoor Ali Gichki, Rs31,285; Kamil Ali Agha, Rs8,880; 
Mian Muhammad Munir Rs12,515; Mian Aslam c/o Tehmina Daultana, 
Rs9,840; Rai Muhammad Aslam Kharal, Rs115,977; Sardar Younis, 
Rs14,290; Choudhry Altaf Hussain, Rs17,867; Ghulam Farid Kathia, 
Rs11,220; Pir Bakhsh Hashmi, Rs1,355; Khalid Maqbool Siddiqui, 
Rs28,785; Haji Arsalan Khan, Rs7,420; Irshad Amin, Rs16,795; Abdul 
Latif Afridi, Rs19,050; Syed Jamil Hussain Bukhari, Rs23,040; Syed 
Muzammil Shah, Rs8,455; Sardar Muhammad Yousaf, Rs18,385; Ali Akbar 
Wanees, Rs4,285; Qadir Bakhsh Hilla, Rs81,005; Nawabzada Ghazanfar 
Gul, Rs8,100; Sardar Tariq c/o Raja Muhammad Afzal, Rs8,490; Father 
Rofen Charles, Rs45,105; Syed Sajjad Haider, Rs28,090; Maulana 
Muhammad Lakhvi, Rs12,595; Mian Akhtar, Rs28,650; Qasim Ali, 
Rs36,250; William Naz, Rs30,495; Pir Aftab Shah Jilani, Rs8,060; 
Jorge Clement, Rs54,850; Arbab Ghulam Rahim, Rs2,590; Syed Javed 
Shah, Rs1,330; Muhammad Ayub Afridi, Rs4,320; Moti Begum Milani, 
Rs10,641; Choudhry Sakhi Jan, Rs73,170; Jam Muhammad Yousaf, 
Rs19,665; Zuhair Akram, Rs2,701; Abdul Waheed, Rs49,680; Shaikh 
Rashid, Rs11,530; Sardar Asif, Rs54,565; Ishtiaq Ahmed, 2,820; 
Hafiz Muhammad Taqi, Rs6,930; and Muhammad Iqbal c/o M Akram Ansar, 
Rs12,880. 

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20020819
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CEC takes notice of PPP leaders' complaint
-------------------------------------------------------------------
ISLAMABAD, Aug 18: Chief Election Commissioner Justice Irshad Hasan 
Khan took serious notice of a complaint from Larkana regarding 
setting up of polling stations other than previous places and 
issued directives to set up polling stations in the government-
owned buildings such as schools or colleges.

On a complaint filed by the PPP leaders from Larkana about setting 
up of polling stations, the CEC said he took cognizance of the 
complaint and called for report from the concerned district 
returning officer.

The CEC said: "I have gone through the news item published in a 
newspaper about the change of polling stations in the constituency 
of Benazir Bhutto, Chairperson Pakistan People's Party, in district 
Larkana, and perused the draft list of polling stations received 
from the election officer, Larkana."

The CEC said that according to manual of instructions, the list of 
polling stations is to be prepared by the concerned returning 
officer after visiting the site and looking to the convenience of 
the voters of the area.

The chief election commissioner said till today (Sunday) the 
returning officer concerned had not prepared the final list of 
polling stations and the same would be prepared by them after 
proper inspection of the site, and looking to the convenience of 
the voters of the area.

He said if any candidate or voter had objection to the 
establishment of the polling stations shown in the proposal 
provided, he may approach the returning officer concerned or the 
Election Commission and assured that such grievances would be 
redressed according to law.

The CEC said that the provincial Election Commissioner, Sindh, has 
also stated in his report that the proposals for setting up polling 
stations will be finalized by the respective returning officers 
after spot and physical verification and will be finally approved 
by the district returning officer (district and sessions judge) in 
accordance with the provisions of the law. -APP

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20020819
-------------------------------------------------------------------
PPP urges CEC to reconsider decision
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 18: The Pakistan People's Party has urged the Chief 
Election Commissioner to reconsider the single identity condition 
and permit the use of multiple identity condition for voting as it 
existed in all elections until 1988 when rules were arbitrarily 
changed.

The demand has been contained in a letter by party's acting 
secretary general Mian Raza Rabbani to Chief Election Commissioner 
Justice Irshad Hasan Khan (retired).

"The Pakistan People's Party's fair election program emphasizes the 
need for voters to use multi-identity cards. The use of the single 
identity card gives the state apparatus a massive advantage and 
puts the voter at a serious disadvantage," Rabbani said.

The PPP also forwarded a copy of an article in the South Asia 
Tribune with the heading, "Is this a grand plan to rig the October 
elections," saying that is envisaged on the basis of the single 
identity card, namely the new card prepared by the military regime.

According to the South Asia Tribune, Rabbani said, the October 
polls in Pakistan were in serious trouble as the Musharraf 
government had failed to provide almost 10 million qualified new 
voters their computerized National Identity Cards (NICs) "without 
which they cannot vote. If this NIC condition is waived at the last 
moment, a new Pandora's Box will open with chances of massive 
rigging and manipulation by all sides. Almost 1.2 million records 
are missing, 500,000 applications in Sindh were waiting to get 
printed which could not be done."

He said the report revealed that eight million applications were 
pending which needed to be disposed before the October polls. "This 
is an astounding figure which can totally change the complexion of 
the elections unless the Election Commission intervenes."

The South Asia Tribune says: "Although it looks an administrative 
and management problem, the entire mess smacks of a subtle 
political game to take away the voting rights of hundreds of 
thousands of voters, a substantial number from Sindh province; who 
are likely to support anti-Musharraf parties," the letter said.

The PPP urged the CEC to take notice of this report and "restore 
voter confidence by doing away with single identity card which is 
in the control of the regime and permitting the multi-identity card 
with which challenged identities can be confirmed. Pakistanis have 
many identity cards, including passports, driving licenses," the 
letter said.

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20020819
-------------------------------------------------------------------
Musharraf reuniting turncoats: PML-N
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 18: Pakistan Muslim League (N) Chief Coordinator 
Ahsan Iqbal, for the first time, criticized Jamaat-i-islami chief 
Qazi Hussain Ahmed, without naming him, for holding 'hours long' 
meeting with President Gen Pervez Musharraf.

In a statement, PML leader said the people were well aware of those 
leaders who "speak tirelessly against Gen Musharraf and his 
policies when amongst them (people) but readily go and hold hours 
long meetings with him whenever a 'whistle' is blown from the 
president house."

He said the PML, under the instructions from Mian Nawaz Sharif and 
Shahbaz Sharif would be contesting elections from every 
constituency to bring sincere and capable party workers forward. 
This, he said, was all the more necessary to enforce revolutionary 
reforms after coming into power for establishing a system based on 
social justice.

He said the October polls would be contested on issues of moral 
character and loyalty. He alleged that President Musharraf had 
relaunched the factory of 'lotas' (turncoats) where the turncoats 
from both the big parties were being brought together. But, he 
claimed, they would lose even their securities in the elections as 
the people abhor disloyalty and 'lotaism.'

Iqbal said the procedure of ticket allotment to party candidates as 
announced by the Election Commission would become a procedure to 
deter the alternate candidate from getting the ticket allotment.

Under the new procedure, the candidates would be required to submit 
their party tickets along with the nomination forms whereas under 
the old procedure the political party was required to issue its 
ticket after admission of the nomination papers of a candidate. 
Accordingly, the candidate was required to get his party's election 
symbol after submitting the party ticket with the returning 
officers.

He demanded that the EC should immediately restore the old 
procedure of tickets allotment, otherwise, it would be deemed "as a 
way of pre-poll rigging."

Iqbal said the people were very keenly viewing the role of 
political leaders and they were well aware of those who delivered 
speeches against Musharraf but whenever whistle blew they did not 
hesitate to hold hours long meeting with him. He said the coming 
polls would, in fact, be a referendum against Gen Musharraf's 
policies.

The economic policies of Musharraf, he alleged, had turned Pakistan 
into a village of poverty where the poor were forced to commit 
suicide and the youth were playing in the hands of terrorists due 
to grueling unemployment.

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20020818
-------------------------------------------------------------------
Musharraf assures Fahim of fair polls
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 17: President Gen Pervez Musharraf held a one-on-one 
meeting with the president of the Pakistan People's Party 
Parliamentarians, Makhdoom Amin Fahim.

The meeting, which has created quite a stir in the political 
circles, lasted for three-and-a-half hours in a very congenial 
atmosphere, the party sources said.

A party press release mentioned only the issues that were raised by 
Mr Fahim at the meeting without any reference to the replies given 
by President Musharraf or the purpose for which the PPP 
Parliamentarians chief was called from Lahore.

The meeting was held as part of the ongoing consultation process 
between the government and the political leaders, the official 
media said.

Earlier this week the president had held a similar meeting with the 
chief of Jamaat-i-Islami, Qazi Hussain Ahmad. 

"By rejecting the invitation we do not want to give an impression 
that we are spoilers or taking a confrontation course with the 
government," a party source said.

President Gen Pervez Musharraf, according to the official media, 
reiterated that the elections would be held as scheduled in a 
transparent, free and fair manner.

Before accepting the official invitation, Mr Faheem sought 
permission of Benazir Bhutto in London, the Parliamentarians 
sources said. 

Mr Faheem stressed the need for a level-playing field for all 
political parties and leaders. He apprised the president of the 
concerns that some parties were being openly and tacitly supported 
by the government.

The issues of the release of political prisoners and Benazir-
specific absentee laws with retrospective effect and one-sided 
application of accountability laws were also raised by Mr Fahim, 
who, according to the party sources, made it clear that such steps 
were vitiating the atmosphere for a fair and free election.

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20020818
-------------------------------------------------------------------
EC rejects PML(Z) documents
-------------------------------------------------------------------
ISLAMABAD, Aug 17: The Election Commission rejected the papers of 
Pakistan Muslim League (Ziaul Haq) on technical grounds and 
declared the party ineligible to contest elections. This was 
decided by the Election Commission at a meeting on Saturday. Chief 
Election Commissioner Irshad Hasan Khan presided over the meeting.

The EC rejected the party's documents on the ground that Ejazul Haq 
was a member of PML(QA) and while formulating new party he did not 
complete necessary requirements under the PPO 2002. - APP

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20020818
-------------------------------------------------------------------
Benazir firm on contesting polls
-------------------------------------------------------------------
KARACHI, Aug 17: Former prime minister Benazir Bhutto said that she 
remains determined to contest Oct 10 elections, despite being 
disqualified from running in the polls by President Pervez 
Musharraf.

The two-time former prime minister said if she remained barred from 
contesting the forthcoming poll, the elections would lack 
credibility. "I am sure people will question the credibility of an 
electoral process where their chosen representative is excluded," 
she told AFP in an interview from London.

"I hope that I can participate and look toward the people ... of 
Pakistan to support the People's Party Parliamentarians (PPP). I 
hope to run for premier myself as I am still qualified to contest 
and I will file my nomination papers by Aug 24," she said referring 
a deadline set by Electoral Commission.

Benazir told AFP earlier this month that she would return to 
Pakistan in late August or early September to pursue her bid for 
re-election, despite threats that she would be arrested on her 
arrival. But she still has to win a legal battle which was 
adjourned on Friday until Aug 21 to qualify for participation in 
the Oct 10 polls.

She is contesting two laws which have resulted in her 
disqualification from the elections, the first since President 
Pervez Musharraf seized power in the take-over in October 1999.

Her lawyers are challenging one law introduced last year which 
requires defendants to be present in person at trials, and another 
introduced this month which bans "absconders" from running for 
election.

Under the 2001 law, Benazir was convicted twice this year of 
absconding after she failed to return to Pakistan to appear 
corruption trials in May and July.

Ms Bhutto, who was dismissed on corruption charges in 1990 and 
1996, maintains that the laws are "Bhutto-specific" and has accused 
Musharraf of acting to prevent her returning to politics.

"(Now) there is a morally bankrupt and corrupt mafia that has 
strangled democracy in Pakistan to rob our citizens of their right 
to freedom and human dignity, equal opportunity and progress," she 
told AFP on Saturday.

Her legal team have told the court in Karachi that only voters 
should be allowed to decide who can and cannot be elected.

"My client has been elected (to parliament) four times, was twice 
prime minister and has now been subjected to victimization through 
unconstitutional means," lawyer Kamal Azfar said.

Pakistan People's Party (PPP) pulled out of the elections on the 
basis of her disqualification and formed a separate wing called the 
People's Party Parliamentarians (PPP) to contest the elections 
without her.

Party leaders say Benazir would be elected Prime Minister by its 
members should the PPP win the election. Meanwhile, the People's 
Parliamentarians kick-started its election campaign on Saturday 
when over 300 party workers went to collect nomination papers for 
Benazir in Larkana, party leaders said.

Veteran party leader, Ashraf Abbasi, was authorized by Benazir to 
collect nomination papers for registration as a candidate in 
Larkana, her home constituency, Abbasi's son Munawar Abbasi told 
AFP by telephone.

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20020820
-------------------------------------------------------------------
LHC rejects plea against Benazir's conviction
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 19: The Rawalpindi bench of the Lahore High Court 
refused to entertain a petition challenging the conviction of 
former prime minister Benazir Bhutto in absentia in three different 
corruption references, including SGS, ARY and assets case, on the 
grounds that it was not competently filed.

A division bench, comprising Justice Shabbir Akhtar and Justice 
Mian Jehangir, rejected the petition after upholding its office 
order that petitioner Sardar Latif Khosa advocate was not competent 
to file the petition on behalf of Benazir Bhutto.

In his petition, Latif Khosa has pleaded that his client (Benazir 
Bhutto) has been exempted from personal attendance by a competent 
court and that he has been directed to appear on her behalf, 
therefore, the accountability court should be directed to recall 
the orders of declaring Ms Bhutto a proclaimed offender and her 
conviction for three years under Section 31A of the National 
Accountability Bureau Ordinance for being ab initio void.

The petitioner also stated that the accountability court had 
rejected his similar application without proper hearing which was 
against the administration of justice and that Ms Bhutto was 
condemned unheard.

The petitioner stated that the then Ehtesab Bench of the LHC, 
Rawalpindi bench, while hearing the ARY Gold reference during the 
Nawaz Sharif government had allowed Benazir Bhutto to leave the 
country after exempting her from personal appearance.

Benazir Bhutto has been awarded three years rigorous imprisonment 
after being declared proclaimed offender in ARY, SGS and asset case 
for her failure to appear in the court.

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20020818
-------------------------------------------------------------------
Benazir's plea to be reheard on 21st
-------------------------------------------------------------------
Staff Reporter

KARACHI, Aug 17: A constitutional petition of former prime minister 
Benazir Bhutto challenging the legality of a criminal case against 
her under the Ehtesab Act of 1997 will be reheard on Aug 21.

Because of the delay in the announcement of judgement for more than 
a year, the petition has now been directed to be reheard on Aug 21 
for which notices have been issued to all the respondents as well 
as to law officers of the federal government.

Ms Bhutto had filed a constitutional petition before the Sindh High 
Court on October 16, 1997 challenging the legality/propriety of the 
criminal cases under the Ehtesab Act of 1997 and her character 
assassination through alleged media trial during the government of 
now exiled prime minister Nawaz Sharif.

After hearing arguments, a division bench of the SHC, comprising 
Justice S. Ahmed Sarwana and Justice Mujeebullah Siddiqui, had 
reserved judgement on May 23, 2001.

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20020824
-------------------------------------------------------------------
Asif's petition dismissed 
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 23: The Lahore High Court, Rawalpindi Bench, has 
dismissed Asif Ali Zardari's petition, seeking a direction for the 
accountability court that it should first decide on his application 
seeking quashment of the case, before starting final arguments in 
the Steel Mills case.

A division bench of the LHC, Rawalpindi Bench, after hearing Abdul 
Baseer Qureshi, who argued that the petitioner was employing 
delaying tactics, dismissed the petition.

The petitioner had contended that its application under section 
265K of CrPC should be decided before starting final arguments in 
the Steel Mills reference. Under this provision, the court has 
powers to acquit an accused at any stage of the case, if it, after 
hearing the prosecutor and the accused it consider the accused had 
no chance of being convicted.

The NAB counsel stated that the case of Asif Ali Zardari was in the 
final stages and the petitioner was employing delaying tactics to 
thwart the decision. He said that evidence of both sides have been 
completed and the high court had fixed Aug 27 for the start of 
arguments.

Asif Ali Zardari, who behind bars since 1996, is carries no 
conviction so far. His conviction in the pre-shipment case in 1999, 
was set aside by the supreme court and the matter was remanded to 
the competent court.

There are total of 13 cases against Asif Ali Zardari. Six pertain 
to his alleged corruption and six others are criminal cases 
including four murder cases.

He has been granted bail by court in 12 cases so far, but the 
government put up another case against him before his released.

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20020818
-------------------------------------------------------------------
Cases against Benazir, Asif: NAB viewpoint
-------------------------------------------------------------------
ISLAMABAD, Aug 17: A spokesman of the National Accountability 
Bureau dispelled the impression created by news reports that the 
government was prolonging the accountability cases against former 
prime minister Benazir Bhutto and Asif Ali Zardari.

"It is clarified that several cases pending against the former 
prime minister and her spouse are being prolonged by them and not 
by the NAB," the spokesman said. He said a large number of 
adjournments had been obtained by the defence lawyers on one 
pretext or the other and cases were not allowed to proceed.

"The accountability courts grant adjournment in their own 
discretion by granting requests of defence counsel in order to 
provide maximum opportunity to the defence in the interest of 
justice," he pointed out.

The spokesman referred to Steel Mills case in which 14 adjournments 
were obtained by defence lawyer of Asif Zardari and 22 adjournments 
in assets case.

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20020824
-------------------------------------------------------------------
Arguments continue: Meerwala case
-------------------------------------------------------------------
Staff Correspondent

MULTAN, Aug 23: The rape accused cannot be penalized merely on the 
statement of a woman (the victim) because this is what God orders. 
This was claimed by the defence in the Meerwala gang-rape case 
while giving final arguments.

Defence counsel Malik Muhammad Saleem argued that punishment for 
Zina in Islam is 'stoning to death' and, therefore, at least four 
Tazkiya Alshahud (eyewitnesses) must testify the occurrence. He 
said previously the facility of serological test was not available 
but now this had become possible with the advancement in technology 
to ascertain who was guilty of the rape. But the police did not 
bother to get conducted this test in such a high-profile case.

Defending accused Ghulam Farid, juror-rapist, the defence counsel 
said he was implicated in the case because Maulvi Abdul Razzaq 
(PW11) had an enmity with his father-in-law over the allotment of a 
piece of land. He argued that the name of Farid's father was given 
in the FIR as Mehmood which, later on, in a supplementary statement 
changed as Allah Bakhsh.

He said the complainant should have got registered the case with 
due care because it was being reported after a gap of eight days. 
He said neither Mukhtaran Mai asked the police to correct the name 
of Farid's father at the time of case registration nor her father, 
Ghulam Farid, and uncle Sabir Husain pointed at this at the first 
instance. While got changing the name of Farid's father in her 
supplementary statement, she took an excuse that Sabir pointed out 
to her about the mistake at home. Though Sabir Husain (PW13) was 
present when the FIR was being written.

He pleaded that Farid was not a relative of Abdul Khaliq, and that 
he was a married person with kids. "Why does he destroy his family 
life without any justification (by committing rape)." The other 
accused, Allah Ditta, was the elder brother of Khaliq. He was also 
a father of four. The defence counsel questioned that how could a 
person commit rape in a house where he lived with his children. He 
claimed that brothers could not commit rape in each other's 
presence.

He demanded that the statement of the victim in this regard should 
not be accepted as true in the light of a Supreme Court ruling 
(SGMR, 1989, Page No. 1851) that brothers could not join hands in 
Zina Biljabar.

The counsel said Islam has a 'golden principle' that there is no 
harm in acquitting 10 accused guilty of a crime in order to save 
one innocent.

In defence of chief juror Faiz Muhammad Mastoi, the counsel 
referred to the FIR which revealed that except Khaliq, Farid and 
Ramzan Pachaar all the participants of the gathering, including 
Faiz Muhammad, opposed the idea of 'rape for a rape'. When Khaliq 
clutched Mukhtaran Mai, Faiz asked him to pardon Ghulam Farid as 
his daughter had come to beg mercy.

He alleged that while deposing before the court she improved her 
statement by terming Faiz's role as 'Siasi and Duniavi' only to 
implicate him. Among the PWs, only Sabir Husain had claimed that 
Faiz Muhammad shouted when Mukhtaran Mai came before the panchayat: 
"Take her and subject to rape".

The defence counsel pleaded that according to the FIR, there were 
four eyewitnesses - Ghulam Farid, Sabir Husain, Ghulam Nabi and 
Altaf. He said the prosecution had given up Farid and Ghulam Nabi 
as the witnesses presented before the court.

He said Altaf was an eyewitness but his statement had not been 
recorded under Section 164 CrPC "because, in fact, he was not 
present at the time of occurrence." While about Sabir, the victim 
herself had stated that he was not present in the house of Khaliq 
where she was raped. He said while Ghulam Nabi in his statement to 
police had denied that he was there at the time of the crime. 
"Hence, there is only a solitary statement of the victim which 
support her claim," the counsel stressed.

During his incomplete arguments on Friday, the defence counsel on a 
number of occasions cited that the police and doctors (who carried 
out medical examination of the victim and the accused) were under 
the immense government pressure to give 'positive reports' because 
the case had been highlighted here and abroad.

The defence had yet to complete his arguments when the judge 
adjourned the proceedings for Saturday.

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20020823
-------------------------------------------------------------------
Defence raises qualms about case registration: Meerwala case
-------------------------------------------------------------------
By A Correspondent

MULTAN, Aug 22: The defence in the Meerwala gang-rape case, under 
trial at Dera Ghazi Khan anti-terrorism court, raised question on 
the circumstances under which the incident was reported to the 
police.

Defence lawyer Malik Muhammad Saleem broached his arguments as the 
trial entered the decisive stage after the completion of the 
statements of both prosecution and defence witnesses on Wednesday.

The defence counsel pleaded that in the first place it was doubtful 
whether complainant Mukhtaran Mai's statement which was recorded at 
Jhugiwala had reached the police station. The victim had deposed 
that on June 30 last she and others came across the Jatoi police 
station in-charge Nazeer Ahmad Babbar at Jhugiwala Chowk when they 
(complainants) were on their way to the police station to lodge the 
FIR.

The counsel said the prosecution witnesses had given different 
score in their respective statements recorded under section 164 
CrPC regarding the time and space of the registration of the FIR.

He quoted Maulvi Abdul Razzaq (PW11) as stating that the victim's 
statement was recorded on June 29 while Mukhtaran Mai (PW14) stated 
that she lodged the FIR on June 30. He said the witnesses of the 
registration of FIR kept reshuffling with the very next statement 
of her and others. He said, therefore, there were gross 
inconsistencies as to when, where, how and under whose presence the 
FIR was lodged.

Exploiting the eight-day delay in the registration of the case from 
the date of occurrence, the defence counsel said everything like 
fabrication, substitution, deliberations and after thought were 
possible in a delayed FIR.

He said the delay was not as vital in a case where the accused was 
only one as it could prove 'fatal' in the case having more than one 
accused. He pleaded that the delay in the registration of FIR in 
this case was significant in the backdrop of strained relations 
between the complainants and the accused due to Shakoor-Salma 
episode. He also pointed out that the FIR contained left thumb mark 
of the victim instead of right which was legally necessary.

He said the Anti-Terrorism Act made the report of an intelligence 
agency mandatory regarding the under-trial case but in the Meerwala 
case, there was no mention of any intelligence agency's report in 
the statement under section 173 CrPC. He said the intelligence 
agencies were subjected to cross-examination, if their reports had 
to be relied upon.

While bringing into question the conduct of various PWs, he said 
eyewitnesses to the incident, Altaf and Maulvi Razzaq, were real 
brothers who lived in the same house but the former did not inform 
the latter about what had happened after his (Maulvi Razzaq's) 
departure from the Panchayat. He said it was unnatural that Razzaq 
did not bother to know the fate of Gujjars (the victim family) whom 
he represented in the Panchayat.

He said even the eyewitnesses to the incident, Altaf and Ghulam 
Nabi, did not inform the police about the gang-rape, though, they 
later appeared before the court as PWs.

The defence counsel also questioned the conduct of Jatoi police 
officials who went several times to the Meerwala after the 
incident. But they claimed no one had informed them about the gang-
rape incident, the counsel said.

He said Khalil and seven others, challenged for being the part of 
strong Mastoi gathering that enforced the Panchayat's verdict of 
the gang-rape, had not been named in the FIR while the police had 
also placed them in the column two of their challan documents. He 
said none of the PWs, except Mukhtaran Mai, had given statement 
against them. "Only the woman (Mukhtaran) had named them," he 
stressed.

He alleged the police had arrested the 'innocent' people to appease 
the media and the government. He cited the instance of rape accused 
Fayyaz Husain who he said had been substituted instead of the 
actual accused.

The defence counsel said the PW11, Maulvi Razzaq, had not even once 
mentioned the word 'zina' (rape) in his statements and instead he 
used the word 'ziadti' (excesses and abuses). He claimed he did not 
use the word 'zina' deliberately as he was afraid of 'kazzaf' 
(punishment of telling a lie).

The defence counsel was on legs when the court adjourned 
proceedings of the case for Friday (today).

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20020822
-------------------------------------------------------------------
Meerwala: defence starts arguments today
-------------------------------------------------------------------
By A Correspondent

MULTAN, Aug 21: Counsel of the accused in the Meerwala gang-rape 
case, under-trial at the Dera Ghazi Khan anti-terrorism court, 
closed defence on Wednesday. Both defence and the prosecution had 
submitted a number of documents to the court to make those a part 
of the court file. Those were mainly newspapers relating to the 
incident.

The defence is likely to start its arguments from Thursday (today) 
and will take two days to finish the task. Then the prosecution 
will offer its arguments. It was the 20th day of the in-camera 
trial of the Meerwala case.

The Supreme Court of Pakistan had taken suo motu notice of the 
incident and had given three weeks to the trial court to decide the 
case on July 18 during the hearing of the notice.

Earlier, when the court resumed proceedings of the case, the 
defence counsels requested the court to give up inspector Riaz and 
head constable Mukhtar Ahmad as the defence witnesses. The two 
officials were present in the court for being summoned on the 
application of defence.

Subsequently, the defence counsels started re-examination of the 
statements of Mukhtaran Mai, her uncle Sabir Husain and Maulvi 
Abdul Razzaq for the alleged statements they recorded to Dera Ghazi 
Khan range crimes SP Mirza Abbas for a departmental inquiry to 
point out lapses on the part of Jatoi police. All the three 
recalled PWs were present in the court.

During their separate cross-examination on Wednesday, they said the 
police had got signed blank papers from them.

Mukhtaran Mai (PW14) said when Inspector Riaz read out her 
statement before the SP, she objected and made it clear that this 
was not her statement. To the defence queries, she confronted with 
the details of the incident recorded by inspector Riaz, saying that 
this was not her statement.

It may be added here that when SP Mirza Abbas was in Meerwala in 
connection with the departmental inquiry, Mukhtaran Mai and her 
father Ghulam Farid had addressed a press conference at the Jatoi 
Press Club and alleged that the police were forcing them to give 
certain statements which they did not want to own as truth.

When Maulvi Razzaq (PW11) was brought in the witness box, he said 
he would first examine the statement attributed to him by the 
police. He took some time to read the statement which he disowned. 
He said the police had obtained his signatures on blank papers 
forcibly. However, he partially owned the contents of the 
statement.

Reappearing before the court, Sabir Husain (PW13) also disowned the 
contents of his alleged statement during the cross-examination. He 
confronted most of the defence queries extracted from his alleged 
statement which was the part of departmental police probe in the 
incident.

The court adjourned proceedings of the case for Thursday (today).

Later, talking to journalists, Mukhtaran Mai ruled out possibility 
of any patch-up with the accused. She said if this would have been 
the case, then why did she knock the door of court to get justice. 
She hoped the court would give exemplary punishment to the culprits 
so that no one in future could dare to repeat it.

Answering a question, she said the police got signed blank papers 
from them assuring that this inquiry (the departmental probe) had 
nothing to do with the case. She said the police authorities had 
also assured them that their statements would not be presented at 
any legal forum. "Under this assurance we signed blank papers to 
police," she claimed.

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20020821
-------------------------------------------------------------------
Meerwala: ATC accepts plea for re-examination of PWs
-------------------------------------------------------------------
By A Correspondent

MULTAN, Aug 20: The Dera Ghazi Khan anti-terrorism court has 
accepted the plea of defence in the Meerwala gang-rape case for re-
examination of three prosecution witnesses, including Mukhtaran 
Mai.

ATC judge Malik Zulfiqar Ali summoned Mukhtaran Mai, her maternal 
uncle, Sabir Husain, and Maulvi Abdul Razzaq to face further cross-
examination of the defence.

The defence had earlier grilled all the three PWs for several days. 
Answering 'crooked' questioning by the defence, the gang-rape 
victim had burst into tears during the cross-examination of her 
statement which she deposed before the court on Aug 3 last.

The court also summoned inspector Riaz, who had recorded statements 
of complainants for Dera SP crimes Mirza Abbas, and head-constable 
Mukhtar Husain, the reader of the SP, for the next date of hearing.

Earlier, when the ATC resumed trial of the case, SP 
(investigations) Nabi Bakhsh Luk informed the court that the 
misplaced evidentiary record of the case had been recovered. At 
this, the defence sought examination of the police inquiry file in 
order to ascertain whether the statements of the complainants 
attached with were genuine. The prosecution objected to the defence 
move, saying this would open an infinite series of witnesses in the 
case which would ultimately cause a delay to the justice. Moreover, 
the police inquiry file was mainly related to the departmental 
inquiry against ASI Iqbal. 

But the defence pleaded that inspection of the police record was 
vital owing to the importance of the case as this would reveal the 
circumstances of the incident. The court granted permission to the 
defence to examine the file. The defence counsel examined the file 
for half-an-hour.

Later, the defence urged the court to exhibit the statements of the 
complainants with the court record. The judge directed to make 
statements of Mukhtaran Mai, her father Ghulam Farid, uncle Sabir 
Husain and Maulvi Razzaq recorded by the police part of the court 
file.

After this, SP Mirza Abbas was brought into the witness box as a 
defence witness. He said the complainants had not owned their 
statements recorded to inspector Riaz. He said he had also given a 
note that the complainants had objected to their statements on July 
5. He said he had recorded statements of all the witnesses from the 
complainants' side except Mukhtaran Mai, Ghulam Farid and Maulvi 
Razzaq.

Here the defence filed an application with the court to declare SP 
Abbas dissident so that the defence could also cross-examine him. 
Prosecution objected and the court directed it to give arguments. 
After a discussion, the court allowed defence to cross-examine the 
SP. Replying to the defence queries, Mirza Abbas admitted that he 
was given the task to find facts of the Meerwala incident. He said 
he was entrusted with a task to point out police inefficiency, 
corruption and irresponsibility in the delay of the registration of 
a case and subsequent action.

He admitted the importance of the statements of Mukhtaran Mai, 
Ghulam Farid, Sabir and Maulvi Razzaq in the police inquiry. He 
denied that he recorded statements of all the complainants at his 
own, and now he was taking a stance that he had not recorded 
statements of Mukhtaran Mai, Farid and Razzaq on the recommendation 
of the public prosecutor.

He said representatives of national and international media had 
thronged Jatoi on July 5 when he was there to record statements. 
The mediamen surrounded him to get answers of their queries 
regarding the incident. In the meantime, inspector Riaz recorded 
the statements of Mukhtaran Mai and two others, he said.

He said when he read out the statements of complainants, Mukhtaran, 
Farid and Razzaq uttered that inspector Riaz had not recorded their 
statements correctly.

The court adjourned proceedings of the case for Wednesday.

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20020820
-------------------------------------------------------------------
Evidentiary record misplaced, ATC told: Meerwala gang-rape case
-------------------------------------------------------------------
Staff Correspondent

MULTAN, Aug 19: Some officials of the Dera Ghazi Khan DIG's office 
have misplaced the evidentiary record in the Meerwala gang-rape 
case from the police file. This was told to the anti-terrorism 
court by SP crimes Mirza Muhammad Abbas on Monday while deposing as 
defence witness. He said Dera DIG Asif Nawaz had ordered a probe 
into the matter and fixed responsibility on the negligent staff.

The SP crimes was summoned by the court on Saturday last on the 
request of defence counsel Malik Saleem to bring with him the 
police file of the case.

He said he was appointed by the Dera DIG to hold a probe on July 3, 
2002, after the publication of news items regarding corruption, 
negligence and malpractice of the Jatoi police in the investigation 
of the gang-rape case. He said he visited the Muzaffargrh DSP's 
office on July 4 and recorded statements of Abdul Shakoor (the 
sodomy victim), Salma Mai, her mother Taj Mai, inspector Nazir 
Ahmad and ASI Iqbal on July 5. Statements of Ghulam Husain, Sabir 
Husain, Manzoor Husain and Ghulam Mustafa were recorded in his 
presence at the office of the Jatoi SDPO. But the statements of 
Mukhtaran Mai, her father Ghulam Farid and Maulvi Abdul Razzaq were 
recorded in his absence by inspector Riaz Husain through his 
reader. He said all the statements were verified by him.

The defence witness said when Mukhtaran Mai, Ghulam Farid and 
Maulvi Razzaq were called to verify their respective statements, 
they stated that the statements recorded by the inquiry officer 
were correct while those recorded by inspector Riaz had variations.

Here defence counsel Malik Saleem, Yaqoob Khan and Yasser Khosa 
requested the witness to produce the original statements of 
Mukhtaran Mai, Ghulam Farid and Maulvi Razzaq which were verified 
by him. The SP expressed his inability to do so saying some 
officials had misplaced the police record. At this, the defence 
counsel alleged that the statements were verified by the witnesses 
(Mukhtaran Mai and others) and the police were deliberately hiding 
them. Hearing this, the court directed the SP to bring the police 
file, including the statements of Mukhtaran Mai, Ghulam Farid and 
Maulvi Razzaq within an hour whether it (record) was in his 
possession or any other official, including the DIG.

The SP crime informed the court after the stipulated time that he 
had brought the matter to the knowledge of the Dera DIG who had 
appointed SP (investigations) Nabi Bakhsh Luk to probe the matter.

While adjourning the proceedings of the case for Tuesday, judge 
Malik Zulfiqar Ali summoned SP crime Mirza Abbas, SP (I) Nabi 
Bakhsh and the personal assistant to the DIG for the next date of 
hearing.

Earlier, the prosecution resumed the cross-examination of DW5 
Ghulam Husain, the maternal uncle of accused Abdul Khaliq and a 
witness of the 'nikah' of the latter with Mukhtaran Mai.

To a prosecution query, the DW5 denied that the other witness, 
Fayyaz Husain, of the 'nikah' was being deliberately made away with 
in order to spoil the prosecution arguments. At this point, the 
public prosecutor postponed further cross-examination of the DW5 
until the production of Fayyaz Husain before the court. On the 
other hand, the defence gave up Fayyaz as its witness for his being 
unavailable. However, the judge posed some court questions to the 
DW5. Replying to the court queries, he said Abdul Khaliq pressed 
for instant nikah with Mukhtaran Mai because he had no confidence 
in the Gujjars (the victim's family).

He said Khaliq insisted for the registration of nikah, but Maulvi 
Razzaq refused to do so. He said he did not know whether Maulvi 
Razzaq was the nikah registrar of the area.

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20020818
-------------------------------------------------------------------
Defence wants rape victim re-examined
-------------------------------------------------------------------
Staff Correspondent

MULTAN, Aug 17: The defence in Meerwala case sought re-examination 
of Mukhtaran Mai, the gang-rape victim, and Maulvi Razzaq besides 
summoning Dera range crime SP Mirza Abbas to appear as defence 
witness.

The Dera Ghazi Khan anti-terrorism court summoned the SP for Monday 
while decision on the re-examination of Mukhtaran Mai and Razzaq 
was kept pending.

Earlier, defence witness (DW5) Ghulam Husain Mastoi told the court 
during the in-camera trial on Saturday that the Mastois were Baloch 
of 'low status' as they did not kill their women caught red-handed 
with their paramours. Hussain is the maternal uncle of accused 
Abdul Khaliq.

The defence in the Meerwala case presented Ghulam Husain as a 
witness of the alleged 'nikah' of Mukhtaran Mai, the gang-rape 
victim, with accused Abdul Khaliq.

Recording his statement, the DW5 claimed that on June 22 last, at 
mid-night, his nephew Abdul Khaliq came to him in Rampur village 
and said that he had caught red-handed his sister Salma and Abdul 
Shakoor Tatla while they were committing 'zina' in a sugar cane 
field.

He said Khaliq further informed him that Abdul Shakoor had been 
taken by Jatoi police while Maulvi Abdul Razzaq and others were 
pressing for a settlement on the basis of exchange marriages. The 
proposal was to give hand of Shakoor's sister Mukhtaran Mai to 
Abdul Khaliq and of Salma to Shakoor.

The DW5 said Khaliq told him that he had insisted on solemnizing 
his nikah with Mukhtaran Mai instantly and that Maulvi Razzaq and 
others had agreed to do so. He said Khaliq wanted him to become a 
witness of his nikah.

He said when he reached at Khaliq's house, Mukhtaran Mai and others 
were present there. He said Maulvi Razzaq performed the nikah of 
Khaliq with Mukhtaran in his (DW5) and Fayyaz Husain's presence. He 
said thereafter the Tatlas demanded that now Shakoor be brought 
back from the police station. He said Maulvi Razzaq asked him to 
come back again on the morning on June 23 when nikah of Shakoor 
would be performed with Salma.

Ghulam Husain said the next morning (when he returned to Meerwala) 
he found Gujjars and Maulvi Razzaq involved in hot talks with Abdul 
Khaliq. He said the Gujjars were demanding hand of another girl 
from the Mastois on account of the sodomy committed to Shakoor 
while Khaliq was arguing that he would not marry his sister Salma 
to Shakoor because the Gujjars had accused his brother Punnu of 
sodomy.

The DW5 claimed that at this Maulvi Razzaq threatened with taking 
legal action against the Mastois besides denouncing the nikah of 
Khaliq and Mukhtaran. While on June 27 last the nikah of Salma was 
solemnized with Khaleel in a simple ceremony. It may be added here 
that Khaleel is among the eight arrested accused in the Meerwala 
case who are accused of being the part of strong Mastoi assembly 
that enforced the panchayat verdict of "a rape for a rape".

During the cross-examination by the prosecution lawyers Ramzan 
Khalid Joiya and Iftikhar Arif, the DW5 admitted that the sodomy 
accused Jamil was his son. He said Maulvi Razzaq had threatened him 
with dire consequences if he (DW5) deposed against the complainants 
in the Meerwala case.

He said however no report was lodged with the police regarding the 
threats hurled by Razzaq. He agreed that usually the bridegroom 
went to the bride's house on the marriage day. Here he volunteered 
that since Shakoor was confined at the Jatoi police station 
'facing' a Hudood case, therefore, Mukhtaran Mai was taken to 
Khaliq's house under duress. He admitted that no case was 
registered against Shakoor because of the compromise.

Here the prosecution lawyers urged the court to refrain the defence 
counsel, Malik Saleem, from interfering in the cross-examination 
time and again.

To a prosecution query, he said Mastois were 'shodhey' (Mean) 
Baloch who were not like Khosas, Shakranis and Jandanis who killed 
their daughters and their paramours on seeing them in an 
objectionable condition. The court will resume the trial on Monday.

Earlier, Jatoi police station incharge inspector Abdul Lateef 
Chandia informed the court about police his failure to serve 
warrants on Fayyaz Husain, who had been named by the defence as the 
other witness of the Khaliq-Mukhtaran nikah.

He further told the court that summons could not be served on 
Mureed Abbas, correspondent of a local Urdu daily based at Jatoi, 
because he had left for Murree. The court again issued the warrants 
of both Fayyaz and Mureed for Aug 19.

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20020820
-------------------------------------------------------------------
Rape victim won't face punishment, rules Shariat Court 
-------------------------------------------------------------------
By Rafaqat Ali

ISLAMABAD, Aug 19: The Federal Shariat Court has ruled that if a 
woman is coerced into committing Zina, she shall not be liable to 
any punishment under Hadd or Tazir. The court, however, said the 
other party who causes coercion shall be liable to punishment 
either of Hadd or of Tazir on the basis of evidence as the case 
might be.

A three-judge bench in its landmark judgment on the appeal of 
Zafran Bibi, a woman from Kohat who had been awarded punishment of 
stoning to death by a Sessions Court of Kohat, has laid down the 
rule that no woman could be punished mere for the fact that she was 
part of the act, though forcibly.

The FSC, which had ordered the release of Zafran Bibi through a 
short order on June 6, 2002, released the detailed judgment on 
Monday.

"The sentence of Hadd is highly severe and deterrent. Therefore, 
every pre-caution is ordained to be adopted so that no innocent 
person gets punished," the FSC ruled.

The court pointed out that a number of incidents had been reported 
during the period of holy Prophet (peace be upon him) and in the 
period of Caliphs that the women who were coerced into committing 
Zina, were acquitted but the co-accused were convicted and 
sentenced.

The court also ruled that in case of pregnancy of a woman, either 
unmarried or in case of being married, having no access to her 
husband, conceived but pleads that it was the result of commission 
of rape on her, she could not be awarded punishment of Hadd.

Justice Dr Fida Mohammad Khan, writing for the bench, stated that 
the eminent jurists like Hanafis and Shafaees held the view that if 
a woman was subjected to rape, she was not liable to conviction 
under Hadd. It was further pointed out that Imam Shafaee had also 
approved the above-stated position but with the condition that the 
burden of proving her lack of consent by raising alarm or making 
complaint, shifted to her.

The court ruled that mere pregnancy, in the absence of other 
evidence to show that it was the result of Zina, was no ground for 
the imposition of Hadd punishment if she came out with the defence 
that the pregnancy was the result of the commission of a rape.

"This view finds full support from an incident that was reported to 
the Holy Prophet (peace be upon him) that a woman was raped but the 
holy Prophet acquitted her of the charge punishable with Hadd," the 
court said.

The FSC, established during the period of Gen Ziaul Haq, quoted two 
Ahadees of the holy Prophet whose English translation is as under:

a) "Avoid enforcing Hudood as much as you can."

b) "Keep Hudood away from Muslims as much as possible. If there is 
any way to spare people from punishment let them go. For it is much 
better that an Imam (judge) should) err in acquitting someone 
rather than he should err in punishing someone (who is not guilty)" 
- Tirmidhi.

The FSC bench, comprising Chief Justice Fazal Ellahi Khan, Justice 
Dr Fida Mohammad Khan and Justice Ijaz Yousaf, said that Zafran 
Bibi's case was an unfortunate one, which received much publicity 
in the national and international press.

The court held: "On account of disinformation, misunderstanding, 
lack of knowledge of the facts and circumstances of the case, some 
organizations resorted to take out processions and demanded repeal 
of the Hudood laws, without realising that it was not the laws of 
Hudood (sentences prescribed by holy Quran and Sunnah) but its 
misapplication that resulted in miscarriage of justice."

The court held these time-tested Hudood laws mainly aimed at 
preservation and protection of life, honour and property of the 
citizens of an Islamic State and dispensation of justice without 
any discrimination. It added that like other laws, the prosecution 
or other components of law-enforcement machinery might err in their 
application in respect of various facts and circumstances. 
"However, the ideal nature of these laws in ensuring maintenance of 
public law and order besides other deterrent and reformative 
aspects, is admittedly far superior to the man-made laws on account 
of its highly-balanced approach to individual and public interest."

The court stated that some misinformed or disinformed individuals, 
while looking at the severity and gravity of some of the 
punishments, raised objections. "Such individuals fail to 
appreciate the strict standard of evidence required to prove the 
offences," the court observed.

The court said that the depth and wisdom of Hudood laws, was 
unfathomable.

"One can only well realize the far-reaching effects of the wisdom 
contained in these laws if one could only visualize oneself 
stepping in the shoes of the aggrieved individuals and families 
subjected to the heinous offences."

The court quoted Sheikh Saddi, saying that "showing mercy to a 
wolf, in fact, amounts to inflicting cruelty on the sheep."

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20020822
-------------------------------------------------------------------
Four Harkat men indicted in car bomb case
-------------------------------------------------------------------
Staff Reporter

KARACHI, Aug 21: Three leaders of the Harkatul Mujahideen Al-Aalmi 
denied on Wednesday their involvement in the June 14 car bomb 
explosion here at the US consulate when an anti-terrorism court 
formally indicted them in the case.

The self-styled chief of his own faction of the Al-Aalmi of the 
banned organization, Mohammed Imran, his deputy, Mohammed Ashraf, 
and finance secretary, Mohammed Hanif, pleaded "not guilty" and 
preferred to be tried in the case as Judge Aley Maqbool Rizvi of 
the ATC-1 read out the charges to them.

The three accused were charged with involvement in the US consulate 
carbomb blast that killed seven men and five women and injured 43 
others. They are facing the charges under sections 302, 324,427 and 
109 of PPC, section 3/4 of the Explosives Act and section 7-B of 
the Anti-terrorism Act.

The judge, who is holding the trial of the case inside the Central 
Prison, Karachi, put off the proceeding of the case to Saturday and 
ordered the prosecution to produce its witnesses in the court.

The Civil Lines police cited as many as 50 prosecution witnesses in 
the case.

The three Al-Aalmi leaders and Inspector Waseem Akhtar of the 
rangers were not indicted in the case pertaining to the attempt on 
the life of President Gen Pervez Musharraf.

Sources close to the prosecution said the four accused would be 
indicted after the carbomb blast case concluded.

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20020824
-------------------------------------------------------------------
CPNE urges govt to promulgate legislation
-------------------------------------------------------------------
KARACHI, Aug 23: The standing committee of the Council of Pakistan 
Newspaper Editors at its meeting urged the federal government to 
promulgate without any further delay the agreed legislation on 
newspapers and periodicals since the absence of this legislation 
was creating tremendous difficulties for member publications even 
in their day-to-day work.

The committee meeting presided over by Mujibur Rehman Shami 
considered the matter at length. The meeting also considered the 
draft legislation on Freedom of Information and the draft 
legislation on Defamation. The various amendments suggested in the 
two proposed ordinances were also discussed. It was felt that the 
CPNE should give its reply to the federal ministries on the two 
draft legislations at the earliest. It was decided to constitute a 
seven-member committee which will take up the two legislations, 
consider the amendments received and finalize its stand on the two 
legislations within a week.

The meeting was then briefed on the tripartite meeting held between 
the CPNE delegation and the ministers of information and religions 
affairs earlier this month in Islamabad where the subject of 
avoiding obscenity in the print media and upholding the dignity of 
women in the pictorial coverage were discussed and agreement 
reached on ensuring proper observance of the CPNE Code of Ethics by 
newspapers and periodicals.

The meeting decided that the Code of Ethics should be printed and 
circulated. 


BUSINESS & ECONOMY
20020822
-------------------------------------------------------------------
$10m loan accord with WB signed
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 21: The government and the World Bank signed $10.08 
million accord for the Global Environment Facility Trust Fund Grant 
Agreement - Protected Areas management project.

To implement this project, Global Environment Facility will provide 
a grant support of $10.08m, involving no liability on the part of 
the government.

The project reflects government's commitment to protect country's 
environment and it's continued efforts to protect ecology, bio-
diversity and wild habitats, which form a major national asset. It 
aims to assist the government in achieving sustainable conservation 
of globally and nationally significant habitats and species through 
a series of integrated activities aimed at engaging custodial 
communities in the management of protected areas.

The project area comprises Chitral Gol national park (NWFP), the 
Hingol National park (Balochistan) and Machiara national Park 
(AJ&K). The main components of the project are:

Protected area bio-diversity conversation management, 
sustainability of park management, human resource development, 
project coordination and monitoring.

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20020824
-------------------------------------------------------------------
US refixes $3bn debt repayment dates
-------------------------------------------------------------------
By Ihtasham ul Haque

ISLAMABAD, Aug 23: The United States rescheduled its $3 billion 
debt to Pakistan. A bilateral agreement to this effect was signed 
by the US Ambassador to Pakistan Ms Nancy Powel and Secretary 
Economic Affairs Division (EAD) Dr Waqar Masood Khan.

Of the total $3 billion debt rescheduling, $2.3 billion are 
official development assistance and will be repayable over a period 
of 38 years and $700 million non-official development assistance to 
be repayable over a period of 23 years.

Speaking on the occasion, the US ambassador said Washington agreed 
to provide this relief because of strong economic reforms program 
that the present government has put in place. She expressed the 
hope that the recent economic recovery and the debt relief will add 
to the strength of Pakistan economy.

She said the United States in November last year provided a cash 
assistance of $600 million to Pakistan for budgetary support.

Ms Nancy Powel referred to the reopening of USAID office in 
Pakistan and said they will remain engaged with Pakistan in health 
sector, family planning, maternal health and fund projects for 
development of democratic institutions. Her country, she promised, 
will also encourage investments in Pakistan.

Finance Minister Shaukat Aziz, also present on the occasion, said 
that Pakistan's domestic and foreign debt ratios have gone down 
significantly when compared with the percentage of GDP, current 
expenditure and revenue collection over the past couple of years.

He said the domestic debt as a percentage of GDP came down from 52 
per cent to 47 per cent. The foreign debt has shrunk from $38 
billion to $36 billion and hoped this trend will continue.

The debt servicing as a percentage of GDP has fallen from 11 per 
cent to 8.6 per cent at the end of last financial year and will 
further go down to 7.2 per cent at the end the current financial 
year, he added.

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20020821
-------------------------------------------------------------------
Marked improvement in economic indicators, says IMF
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 20: The IMF asked the government to ensure 
continuity of reforms beyond October, and undertake a thorough 
accountability in the state enterprises to reduce Pakistan's huge 
financial losses.

"The reforms process initiated by the government must continue 
after October elections as the efficient running of the economy 
should not be kept hostage to politics," said Mr Paul Chabrier, 
Advisor to the IMF Managing Director. "If Pakistan does not stay on 
course, the fruits of reforms so far achieved will evaporate," he 
warned.

He pointed out that there were no differences between the 
government and major political parties on the question of how to 
run the economy.

He hoped that whoever came to power would benefit from the 
experiences of the last few years.

Speaking at a joint news conference along with Finance Minister, 
Shaukat Aziz, and the visiting head of the IMF review mission, 
Klaus Enders, he said the continuity of reforms was of critical 
importance for achieving a turn-round in the economy.

"The present government has started a very strong reforms program 
and whosoever comes to power in the wake of October elections, 
should continue implementing these reforms," he added.

"It would be bad politics if fundamentals were changed by the 
future government," he said, praising the government for improving 
the foreign exchange reserves, reducing inflation to 3 per cent and 
increasing exports and foreign remittances. He said except for the 
revenues, there was a marked improvement in other economic 
indicators. However, in reply to a question, the head of the 
mission Klaus Enders said that Pakistan's social delivery system 
was still very weak and needed to be improved for reducing the 
social gap among various segments of society.

"Then, greater efficiency is required to reduce the losses of the 
public sector enterprizes and this cannot be done without 
undertaking strong accountability in these organizations," Enders 
observed.

Mr Paul Chabrier in his opening remarks said that the government 
needed to achieve good growth rate, roughly about 5 per cent of the 
GDP. At the same time, he said, efforts should be made to reduce 
the country's debt. "Your debt is manageable," he remarked.

Nevertheless, since there existed a dangerous environment in the 
region, it was difficult to attract foreign investment, he said. He 
said he was glad to see that Pakistan's per capita income was 
increasing and a certain stabilised exchange system was in place 
and working satisfactorily.

Mr Paul rejected the notion that the US, the West and the Paris 
Club had bailed out Pakistan for various political considerations. 
"The Paris Club offered rescheduling of loans because the 
performance of Pakistan's economy was good," he said. He also did 
not believe that Pakistan would have collapsed 18 months ago had 
there been no foreign support to the present government. "In fact 
Pakistan has regained substantial amount of credibility," he said.

Mr Klaus Enders said that barring that of revenues, all targets 
were on track and that his mission had a successful review of the 
Pakistani economy with officials concerned. He said fiscal deficit 
had narrowed considerably and hoped that the drought conditions 
will end this year, allowing the economy to show better 
performance.

Mr Enders stressed the need for carrying out accountability 
process, especially in Wapda and the KESC to improve the country's 
growth prospects and ensure debt sustainability.

Finance Minister Shaukat Aziz told a reporter that there was no 
delay in the privatization programme and that a number of entities, 
including PTCL, KESC, PSO, Habib Bank and United Bank, were ready 
for sale. Both the banks, he said, will be disinvested before 
October this year.

He also told a reporter that Pakistan would not be requiring any 
other IMF programme once the ongoing PRGF ended after two years. 
Aziz also said that the Fund's Executive Board was likely to meet 
in October to offer the fourth tranche of about $120 million out of 
the $1.3 billion PRGF.

Earlier, in his opening remarks, he said Pakistan was on course to 
meet various requirements agreed with the IMF. He said there was 20 
per cent increase in revenues during the month of July. Similarly, 
there has been 18 per cent rise in exports and 17 per cent in 
imports. He said remittances worth $307 million ware received in 
July and, "if this trend persists, we will be able to get 
substantial remittances at the end of the current financial year." 
Reserves, he said, had reached over $7.2 billion and were likely to 
cross the $8 billion mark over the next few months.

"During talks with the IMF, the net conclusion is that we have done 
fairly good but still lot more is to be done, especially to ensure 
continuity of policies after October this year," Aziz said.

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20020823
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Judicial reforms plan hits snags
-------------------------------------------------------------------
By Rafaqat Ali

ISLAMABAD, Aug 22: The Asian Development Bank-funded judicial 
reforms project has run into snags as the judicial functionaries, 
especially those of the Lahore High Court, are not cooperating with 
the federal government.

It is learnt from the federal government officials that the ADB, 
which had released US $100 million in December, 2001, has withheld 
the next tranche of US $50 million which was due in June, 2002.

The ADB review mission is expected in the last week of August but 
is unlikely to okay the next tranche as only two out of seven 
conditionalities have been met so far.

The government had agreed that it would promulgate Freedom of 
Information Act, Defamation Law, Contempt of Court Law, Small Cause 
Courts, provide powers to the sessions judges to try habeas corpus 
petitions, change the status of the Law Commission to make policy 
for the judiciary and make amendments to the Criminal Procedure 
Code to ensure quick servicing of the process, and the Police 
Ordinance.

The government has so far promulgated Small Cause Courts and Police 
Ordinances and provided powers to the sessions judges to hear 
habeas corpus petition.

The government had committed to the ADB that it would promulgate 
the Freedom of Information Act, but there are no signs it would be 
done soon.

An official of the law ministry, where a monitoring cell, headed by 
a joint secretary, has been created, told Dawn that the ministry 
was unaware when the freedom of information law would be 
promulgated.

The sources said the judicial reforms project has been opposed 
mainly by the Lahore High Court Chief Justice Falak Sher who first 
took the position that Pakistan's judiciary needed no foreign funds 
for reforms. He was also of the view that it would add to the 
Pakistan's already huge foreign debt.

The federal government, however, accepted the soft-term loan. The 
sources said the LHC first asked the government to place the funds 
at its disposal and it would do reforms on its own.

When explained that under the procedure, funds would have to be 
handled by the provincial finance ministry as the judiciary was not 
trained in fund management, the provincial judiciary has started 
moving towards reforms, but at a slow pace.

The provincial judiciary was told to come up with definite plans 
for reducing delays, capacity building and also for the buildings 
which it wanted.

The official sources said that under the Access to Justice 
Programme (AJP), a pilot project on delay reduction was conducted 
in all the provinces. The results, he said, were so encouraging 
that the Karachi court showed an increase of 246 per cent in 
criminal dispositions by applying the methods which are to be 
enforced throughout the country.

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20020820
-------------------------------------------------------------------
$5bn debt rescheduling arrangements finalized
-------------------------------------------------------------------
Staff Reporter

ISLAMABAD, Aug 19: The government has finalized necessary 
arrangements for rescheduling the $5 billion bilateral debt by 
October this year.

"We have just concluded a debt rescheduling agreement with Finland 
and accords with remaining eight countries, including the United 
States and Belgium, for about $5 billion debt will be signed by 
September/October 2002," Secretary Economic Affairs Division (EAD) 
Dr Waqar Masood told Dawn.

He said a number of bilateral agreements had been signed earlier 
for $12.5 billion debt rescheduled by the Paris Club for 35 years 
with a 15-year grace period.

"Out of $5 billion, $3 billion debt to be rescheduled belongs to 
the United States alone," Dr Waqar said, adding the EAD had worked 
out all the details to complete the job in time.

The government considered re-profiling of $12.5 billion debt a big 
achievement as nearly 50 per cent of this debt was due for payment 
by 2007. There were also individual creditors who showed their 
willingness to swap them for social sector funding for up to $1.5 
billion.

According to the officials of the finance ministry, the full extent 
of the relief will be measured once the government completes all 
the agreements with the bilateral creditors. However, based on 
rescheduling alone, a 30 per cent reduction has been achieved in 
the net present value of the outstanding stock of debt.

With the addition of cancellation, debt swaps and interest rate 
reduction, this figure is likely to increase to about 40 per cent.

The government claims that over the past two and a half years, it 
had lowered the burden of most expensive foreign debt liabilities 
by nearly $2 billion from $38 billion to $36 billion as on June 30 
this year. This represents a reduction of nearly 5 per cent in 
foreign liabilities.

In addition, the country's external debt has undergone a major re-
profiling, whereby the share of expensive debt has declined as 
compared to soft-term debt. Both these initiatives were made 
possible through combination of increased supply of foreign 
exchange and contraction of soft loans.

The officials said as far as domestic debt was concerned, the 
government had managed some success by reducing the outstanding 
domestic debt by 8 per cent over the last year. This decline was 
possible primarily due to retirement of market-related treasury 
bills worth Rs193 billion.

Additionally, a combination of lower inflation and interest rate 
coupled with a favourable exchange rate has resulted in reducing 
the annual average growth in debt servicing to around 3 per cent 
over the last three years compared with that of around 20 per cent 
during the 1990s.

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20020824
-------------------------------------------------------------------
Weekend selling clips gains on stock market
-------------------------------------------------------------------
Staff Reporter

KARACHI, Aug 23: The KSE 100-share index finished with a fractional 
rise of 0.98 points at 1,925.75 as compared to 1,924.77 a day 
earlier as some of the leading base shares attracted selling under 
the lead of PTCL.

PSO, which celebrated its silver Jubilee year with a record final 
dividend of 80 per cent plus bonus shares of 20 per cent again came 
in for strong support and rose further by Rs.9.45 at Rs.179, 
indicating that it is heading toward its new chart level of Rs.200.

Analysts said the future outlook appears bullish as the current 
run-up could be sustained on the strength of coming corporate 
announcements by some leading shares during the next couple of 
weeks also.

Prominent gainers were led by National Refinery, Lakson Tobacco, 
Wyeth Pakistan, PSO and Nestle MilkPak, which posted gains ranging 
from Rs.4.20 to 14.40. PSO and Nestle MilkPak being leading among 
them, up Rs.9.45 and 14.50.

Other leading gainers included ICP SEMF, Salfi Textiles, Attock 
Refinery, Ferozsons Lab, BOC Pakistan Glaxo-Wellcome ahead of their 
board meetings next week and Merit Packaging, up one rupee to Rs.2.

Losers were led by Kohinoor Weaving, Pakistan Oilfields, Abbott 
Lab, Adamjee Insurance and Engro Chemical Sapphire Fibre, and some 
others falling by one rupee to Rs.2.50.

Trading volume rose further to 334m shares but losers managed to 
force a modest edge over the gainers at 110 to 98, with 52 shares 
holding on to the last levels.

Hub-Power again led the list of most actives, up 10 paisa at 
Rs.28.65 on 196m shares followed by PTCL, easy, 20 paisa at 
Rs.19.30 on 50m shares, PSO, sharply higher by Rs.9.45 at Rs.179 on 
31m shares, FFC-Jordan Fertilizer, off 60 paisa at Rs.6.20 on 8m 
shares and Engro Chemicals, lower Rs.2.50 at Rs.63 on 7m shares.

Other actives were led by Sui Northern Gas, lower 25 paisa on 6m 
shares, ICP SEMF, higher by Rs.1.25 on 5m shares, D.G. Khan Cement, 
up 20 paisa on 4m shares, ICI Pakistan, off 90 paisa also on 4m 
shares and National Bank, lower 65 paisa on 3m shares.

FUTURE CONTRACTS: Heavy speculative buying in Hub-Power in 
anticipation of higher final dividend again featured the trading on 
the cleared list where PSO also maintained its upward drive, up 
Rs.9.95 at Rs.179.90 on 6m shares. PTCL on the other hand ran into 
selling and was quoted lower by five paisa at Rs.19.40 on 9.265m 
shares.

Hub-Power was marked up by 20 paisa at Rs.28.70 on a record single- 
session volume of over 33m shares. Engro Chemical on the other hand 
came in for active selling and was quoted lower by Rs.2.40 at 
Rs.63.30 on 0.913m shares. MCB also fell by Rs.1.25 at Rs.25.30 on 
0.340m shares.

DEFAULTER COMPANIES: Suzuki Motorcycles came in for renewed support 
despite omission of dividend for the last year and was quoted 
higher by 60 paisa perhaps on reports of higher interim sales at 
Rs.5.15 on 79,000 shares, followed by Allied Motors, up 45 paisa at 
Rs.11.45 on 5,000 shares and Automotive Battery, lower 25 paisa at 
Rs.4.50 on 1,500 shares.

DIVIDEND: Pakistan Cables cash 30 per cent, Clariant Pakistan 
interim at the rate of 25 per cent.

BOARD MEETINGS: Bank of Punjab on Aug 27, Smith Kline & French 
Pakistan on Aug 28, National Security Insurance Aug 29, Arpak 
International Investments Aug 30, Askari Leasing Aug 31 and Otsuka 
Pakistan on Sept 3.

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20020819
-------------------------------------------------------------------
Despite official spat financial market behaves modestly
-------------------------------------------------------------------
By Muhammad Aslam

The KSE 100-share index reacted to finish around 1,843.26 points 
from the week's peak level of 1,856 after the daily volume figure 
soared to a recent peak level of 185 million shares, about a half 
of which went to the credit of the Hub-Power followed by the market 
talk of 40 per cent final dividend in addition to an interim of 70 
per cent already paid. 

The market capitalization rose to Rs429.009 billion from the 
previous Rs422.978 billion, showing an increase of Rs6.0316 
billion, as mega issues such as the PTCL, the Hub-Power, the PSO 
and the ICI Pakistan finished higher.

Adamjee Insurance again burst into activity on hostile takeover 
talk and breached through its circuit breaker at Rs43.10 on strong 
speculative activity.

The board meeting of some of the leading MNCs, including the Shell 
Pakistan (on Aug 20), and the Hub-Power next month may not allow 
investors to lay their guards. A long spell of sluggishness has 
broaden their vision about the future share market outlook and the 
current lower levels are providing them an attractive bait.

The privatization of the ICP Mutual Funds and the oil giant PSO and 
the Telcom volume leader, the PTCL may not be possible during the 
current or the next month as officially stated but it certainly is 
on the agenda of the existing government.

"The next political government is expected to be in place after the 
October 10 elections, "says a broker, "how it views the 
privatization scenario will take sometime". But most analysts 
believe the new government may not go all-out to sell all the 
state-owned units but will think twice before going for the PSO or 
the PTCL despite a massive offering. However, a loud whispering 
about their sell-off keeps the market in a good shape and that is 
not a bad idea to generate speculative activity, they added.

"Essentially, the current rally is dividend-driven and the lower 
levels of most of the blue chips have made it more convincing and 
how the market behaves after September, or in the pre-election 
sessions, will demonstrate its relative strength", says a leading 
stock broker.

The big gainers were led by the Adamjee Insurance, which breached 
through its upward daily ceiling rate, Anwar Textiles, the PSO, the 
Lever Brothers and the Nestle MilkPak, followed by the Treet 
Corporation, the Pakistan Refinery, Hilal Flour Mills, the Attock 
Refinery, the Clover Pakistan, and the Kohinoor Weaving and many 
others.

Losers were led by some of the blue chips, notably the Pakistan 
Tobacco, the Abbott Lab, Mehmood Textiles, Al-Qaim Textiles, Shafiq 
Textiles, Johnson and Philips, off Re1 to Rs1.90, Wyeth Pakistan, 
being the leader.

The trading volume rose to 550 million shares after several weeks, 
thanks to the massive activities in some current favourites, 
notably the Hub-Power, the PTCL and the PSO ahead of their board 
meetings. The previous total was modest at 163 million shares.

Other actives were led by the Sui Northern, the National Bank, the 
MCB, Adamjee Insurance, the ICI Pakistan, Fauji Fertiliser, the 
Engro Chemical, the WorldCall Payphones, the ICP SEMF, the FFC-
Jordan Fertilser, the D.G.Khan Cement and several others.

Back to the top
EDITORIALS & FEATURES
20020818
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We never learn from history-4
-------------------------------------------------------------------
By Ardeshir Cowasjee

Another recipient of the largesse distributed by the ISI, courtesy 
Mr Yunus Habib of Habib and Mehran Bank fame, has surfaced. This 
time it is the Tumandar of the Legharis, Farooq Ahmad Khan Leghari, 
chief of the Millat Party, through his Central Secretary, 
Information, retired Brigadier Mohammad Yousuf, whose letter to the 
editor of this paper publication was printed on August 16.

In my second column in this series, a handwritten letter and note 
emanating from retired Lt General Asad Durrani was reproduced in 
which he had listed Farooq Leghari as having received funds paid 
out by the ISI to politicians involved in the 1990 elections. 
Neither in his letter nor note has Durrani indicated that the money 
originated from the Mehran Bank. However, Brigadier Yousuf goes to 
some lengths to explain that Mr Leghari never received any funds 
via the ISI and states that the only amounts received by Mr Leghari 
from Yunus Habib were by cheque when Habib purchased land from the 
Leghari family. The Brigadier claims that two and a half years ago, 
at a press conference at the Karachi Press Club, I testified that 
Leghari was 'clean' and 'not involved in any such wrongdoing.'

This is highly puzzling, for I could never have said that Farooq 
Leghari is 'clean' in the matter of the land deal with Yunus Habib, 
or for that matter, in any of the allegations leveled against him 
relating to other issues. I have maintained, and I have told him, 
that amongst the leading ranks of our politicians he may be less 
blemished than the rest.

>From a column written in March 2001, I quote: "We have suffered 
Benazir twice and Nawaz twice. Each in her/his second round, with 
Leghari as president of the Republic, did far more wrong than in 
the first. The people surely do not want or need Farooq Leghari in 
any future position of power. His friends and 'admirers' should 
advise him to live off his ancestral properties and whatever assets 
he has gathered unto himself along the way and renounce politics 
for his own and our good. He should be satisfied with the fact that 
he at least occupies a fairly notorious place in the history of 
Pakistan in the 1990s and is not merely a footnote."

On to another, dubious, political character, retired General Aslam 
Beg, who once headed the army, and the matter of the Rs140 million 
donated by Yunus Habib to the Political Cell of the ISI for 'use' 
in the 1990 general elections. In the Supreme Court in 1997, during 
the hearing of Air Marshal Asghar Khan's Human Rights Petition, 
19/1996, Beg stated that though he was the army chief at the time, 
the ISI was then acting under the direction of 'higher 
authorities'. In this regard reproduced is a rejoinder dated April 
21, 1994, issued by Beg (on the letterhead of his organization 
Friends), after allegations of his involvement had been leveled in 
the press:

"Subsequent to the earlier report published in The News dated April 
8, 1994, and its mention in the proceedings of the National 
Assembly on April 20, 1994, where some of the honorable members 
made unwarranted remarks, casting aspersions on me and the army, I 
am constrained to lay down facts which will speak for themselves.

"It is correct that the above amounts were donated by Mr Yunus 
Habib between September and October 1990. He claimed to have 
collected this amount from his community through his own efforts 
and that under the directions from 'President's Planning Cell' the 
amount was being made available. That the donations were meant for 
elections 1990 and for acquisition of election intelligence.

"Such donations had been received earlier also from donors within 
the country and outside and were placed at the disposal of ISI for 
the same purpose as stated above. Therefore, the receipt of this 
amount as donation and its utilization by ISI were in keeping with 
the prevailing practice. The amount so donated by Mr Yunus Habib 
was deposited in the account of ISI in instalment's during 
September and October 1990, totalling Rs140 million. Out of this 
amount, ISI spent approximately Rs60 million for election purposes 
and the remaining Rs80 million was placed in Special Funds of ISI. 
The details of expenditure on various heads and on individuals 
supported by ISI with this money may be obtained from the DG-ISI 
for necessary verification.

"The then president, Mr Ghulam Ishaq Khan, was in the know of such 
a donation and utilization. Mr Nawaz Sharif, on taking over in 
November 1990, was personally briefed by me on the amount donated 
and its utilization by the ISI. I had also briefed late General 
Asif Nawaz on his taking over as COAS about this matter.

"Subsequently, Mr Yunus Habib donated another Rs5 million for the 
welfare of troops. I placed this amount at the disposal of Army 
Welfare Trust for establishing a Rehabilitation Centre for Army 
Wards. A piece of land measuring approximately 25 kanals near 
Rawalpindi was purchased out of this fund and the remaining amount 
was placed in fixed deposit schemes of Army Welfare Trust. I had 
also briefed late General Asif Nawaz about the purchase of this 
land and the amount deposited at the time of his taking over as 
Chief of the Army Staff.

"At no stage did I ever suspect that the amount so donated was out 
of the funds allegedly embezzled by Mr Yunus Habib while serving in 
the Habib Bank.

"The manner in which my involvement is being projected in the print 
media and the unwarranted comments being passed by some politicians 
is a crude attempt to tarnish my image since I have entered 
politics. This is a deliberate machination of vested groups who are 
against politics of sobriety and consensus and want to undermine my 
efforts to democratically create new leadership from amongst the 
poor and the middle classes.

"Such sinister designs will ultimately boomerang and expose those 
very elements who are hatching this conspiracy and feel threatened 
because of my commitment to a positive change. The process of 
accountability must take its course with objectivity to punish 
those who are defaulters but not to make political capital for 
selfish objectives and vituperative language."

Now, all that is being advocated is that Asghar Khan's petition, 
now resting in the morgue of the Supreme Court on Constitution 
Avenue in our capital, be taken up before October so that the 
matter can be heard and finished, and if any of those on the lists 
of recipients are found to have been guilty of malpractice and 
corruption, they can be disqualified from standing for election. 
Imran Khan has conveyed, through his partymen, Dr Arif Alvi, that 
he is making an application to the Supreme Court requesting that he 
be made a party to the petition (anyone can apply to join as the 
matter involves human rights which affect us all).

On August 10, 2002, Asghar addressed a letter to the Chief Justice 
of Pakistan, its subject "HRC No.19/96, Air Marshal (R) Mohammad 
Asghar Khan versus General (R) Mirza Aslam Beg." It reads: "I 
should like to draw you attention to my letter MAK/12/5 addressed 
to your predecessor on April 8, 2000 requesting that the above case 
may please be reopened. I have received no reply to this letter and 
elections are due on October 10, 2002. 

"Many of the people who are guilty of misconduct will, if the case 
is not heard, be taking part in the elections and the purpose of 
those elections will thus be defeated. I would request an early 
hearing and decision in this case."

The Chief Justice of Pakistan, Sheikh Riaz Ahmad, upon whom I had 
the pleasure of calling on Friday, July 16, whilst he was at 
Karachi, realizes the urgency of the matter and is considering the 
Air Marshal's request for an early hearing.

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20020823
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The abiding tragedy of reformers
-------------------------------------------------------------------
By Ayaz Amir

A curious duality afflicts the national scene. Those worthy souls 
who write learned articles for newspapers, or who hold forth at 
seminars and are big names in the NGO trade, are usually irrelevant 
when it comes to electoral politics. They lack the social roots to 
contest a union council election, not to mention any wider canvas.

This is not a situation conducive to equanimity of mind or temper 
because while these knights think they have all the answers, they 
are not players in the political process. This sense of 
powerlessness is like a canker in their souls, making them restless 
and embittered.

So what do they do? The more timorous or laid-back among them 
assume an attitude of scornful superiority towards the political 
class. A club you can't join is best derided. However, the more 
ambitious amongst this reformist crowd is always on the look out to 
enter political office through the backdoor. Either by way of the 
Senate, Pakistan's most distinguished backdoor, or by clinging to 
the coattails of political parties.

No political party is immune to the assault of the determined 
charlatan. Provided you can put on a brave front and are not overly 
sensitive to subtle insults, with a bit of effort you can make it 
to the inner sanctum of the leader. And then of course if you know 
something of the fawning arts, you can make yourself indispensable 
to him. Technology may have changed the face of the world but not 
the way men (and women) pursue power. No wonder, Machiavelli 
remains a timeless political scientist, his prescriptions for the 
successful exercise of power relevant even today.

Finance men and other 'technocrats' who have made it in the World 
Bank and the IMF, but who remain unfulfilled for not having 
exercised raw political power in their homeland, are always more 
impressed by caretaker regimes and military dictatorships than by 
anything with a democratic colouring. In a democracy they have no 
place but through the good graces of an unelected dispensation they 
can hope to attain high political office. Which is why high-flying 
members of this tribe can be seen rushing to Pakistan, keen to save 
the country, whenever a government falls.

Military rule is not a function of the military alone. Whole 
classes of collaborators have flocked to the army's standard 
whenever it has seized power. From Ayub Khan onwards, no military 
ruler ever lacked the advice or the services of international 
bankers able to speak the language of Wall Street or the New York 
Stock Exchange. Nor the best legal advice. Nor the collaboration of 
willing judges ready to view everything through the eyes of 
necessity.

Has there ever been a dearth of political turncoats willing, nay 
eager, to do service under military colours? In the run-up to the 
present elections it is unfair to castigate beyond a point the 
stalwarts of the Quaid-i-Azam League (the King's Party) because 
they are doing no more than following a tradition as old as 
Pakistan itself.

Even so, the fact that the election approaches is something to be 
welcomed. No matter that the government has tried to queer the 
pitch. No matter that it is extending subtle and at times not-so-
subtle help to its surrogates. No matter that the major political 
parties, with their two crowd-pulling leaders abroad, will not be 
able to mount any inspiring or all-embracing election campaign. 
Compared to the hiatus of the last three years, this is still a 
quantum advance, a bit of politics being better than no politics at 
all.

Gen Musharraf's own position is ensured. He remains president and, 
more important, army chief, for the next five years. Moreover, the 
constitutional amendments he has decreed will not be put up for any 
kind of parliamentary approval. But no matter. Once elections are 
held and parliament stands revived a new dynamic will unfold. We 
are not moving towards any perfect democracy. Far be it from anyone 
to suggest anything of the kind. But we will be moving away from 
the kind of 'benign' dictatorship we've had since October '99. For 
this we should be grateful.

Let us thank our stars that for all our problems and all our 
tendency to folly we remain a pluralist society far removed from 
the monolithic dullness and tranquillity of the vast majority of 
Islamic countries. Our vibrant press puts us apart from Arab 
monarchies and Muslim republics. Long may it remain this way.

To be sure, the jihadi culture of the national security 
establishment, which was a direct offshoot of the military's 
involvement in Afghanistan in the eighties, was a sinister 
development leading our country down strange and dangerous paths. 
But external events forced the nation's planners to mend their 
ways. But for September 11 they would still have been going down 
the same road in Afghanistan with Gen Musharraf rather than anyone 
else continuing to speak glowingly of the advantages of 'strategic 
depth'. External elements took care of much of this nonsense.

Now for a personal reckoning. I come from a rural place and a rural 
constituency where elections matter and power and prestige depend 
on elective office. The lure of no election have I been able to 
resist, as much because of family tradition as because of personal 
inclination. Even if I have not stood for elective office in every 
election, in every election, local or general, I have participated 
in one form or the other, believing strongly with the patricians of 
Rome that politics was the business of every citizen.

One of the problems in Pakistan is that the well-to-do classes 
which live in towns and contribute to the angst which is a 
permanent feature of the national condition not only take no part 
in elective politics but do not even bother to cast their votes. 
Their concern and anger is confined to a ceaseless mourning about 
what is wrong with the country.

This won't do. Either pay up or shut up. The old ladders for 
youthful ambition were, firstly, the bureaucracy which took you to 
high places and into the decision-making process and, secondly, the 
army which enabled its senior ranks to act as the arbiters of 
national destiny. The bureaucracy has lost its appeal because, 
unlike in the past, it is now a junior partner in the decision-
making process. The army has lost its mystique and halo because of 
over-involvement in civilian affairs. Respect is a function of 
distance and remoteness, not of a proximity which begins to irk and 
bore, which is what has happened with the army under General 
Musharraf. There is thus a vacuum in Pakistan which the leashed and 
muzzled hounds of politics are waiting impatiently to fill.

It must be admitted that some of the more egregious constitutional 
amendments proposed earlier Gen Musharraf has discarded. If, as he 
claims, he is a good listener, there must be some truth to it. The 
National Assembly's term is back to five years. The prime minister 
will be chosen by the assembly and not the president. The president 
will be able to dismiss the National Assembly and not simply the 
cabinet and prime minister which would have been a prescription for 
perpetual instability. Essentially, then, we are back to the Ziaul 
Haq situation. These were the powers he had armed himself with. He 
even wanted a national security council which was lost in the give-
and-take which accompanied the passing of the Eighth Amendment.

But Gen Musharraf has learnt something from the past. He will not 
be putting his constitutional amendments to any vote in the 
National Assembly, thus precluding any give-and-take. To the 
National Assembly he will not be beholden for anything, certainly 
not for any constitutional validation.

But this is merely a reflection of the current situation, of what 
Marxists used to call the 'balance-of-forces'. The democratic 
opening we are going for is an act of military voluntarism. It is 
not being forced upon the military. Thus it is only natural that 
the terms of this opening should be set by the army leadership 
rather than the political parties which remain in a state of 
disarray.

The political parties have to rebuild themselves and their 
credibility. This they will be able to do by putting up a good 
fight in the coming elections and by assuming an oppositionist (as 
opposed to a disruptionist) role in the future assembly. The time 
for politics is not dead. It is only now beginning. It's another 
matter whether the political class is able to make anything of it.


SPORTS
20020820
-------------------------------------------------------------------
Waqar offers no excuses for Pakistan's exit
-------------------------------------------------------------------
Special Representative

TANGIERS, Aug 19: Pakistan captain Waqar Younis offered no excuses 
as his team made an early exit from the Morocco Cup.

"I have no excuses to offer. The simple fact is that we played 
poorly throughout the tournament. The bowling was better but it was 
the batting that let us down in the competition. We tried our best 
but things just didn't work," Waqar said in a post-match 
conference.

Pakistan lost three of the four matches after starting the 
competition as odds-on favourites following their sequence of 
impressive victories since the tour to England last year that led 
to triumphs in two tournaments and four one-day series.

"We are sad and bitterly disappointed. It was not a result we were 
expecting. But there is nothing to get panic about as this is the 
first tournament in over a year that we have lost. We are confident 
that we will manage to lift ourselves for future assignments though 
at the moment, the morale of the team is really down," he said.

It is hard to believe that with Wasim Akram coming out to bat at No 
10, Pakistan failed to get 197 for victory against South Africa the 
other day after Shahid Afridi had placed them at 92 for two in 18 
overs with a whirlwind innings.

"We lost the momentum after Shahid's dismissal. I think the turning 
point was the dismissals of Yousuf Youhana and Younis Khan off 
successive deliveries. At one stage, we had bonus point in our 
range but we lost our way with those two wickets and then the 
unfortunate dismissal of Inzamam-ul-Haq was the final nail in the 
coffin.

"Yousuf played a poor shot but rest of the wickets were due to good 
bowling by South Africa," Waqar said.

He defended the team selection and decision to send Shahid at one-
down position after having demoted to No 9 a day earlier against 
Sri Lanka.

"Sending Imran Nazir and Shahid would have led to a chaos because 
they are hard-hitting batsmen and we were chasing a small total. 
Saqlain Mushtaq was a touch and go decision and in the end we 
preferred to include Shoaib Malik to give depth in the batting 
because we didn't know what total we might have to chase," Waqar 
said.

The pacer, who finished with 11 wickets in the tournament, admitted 
that so much talent also sometimes becomes a problem in the 
backdrop of his strategy of rotating the players.

"We are rotating players because there is too much cricket ahead 
and I believe that one-day cricket is now allrounders dominated 
game. You look at Sri Lanka and South Africa, they have more 
allrounders than any other team," he argued.

Whatever might Waqar feel, the simple fact is that Pakistan got the 
team composition wrong throughout the tournament. Playing with just 
five bowlers was always expected to be a gamble that continued to 
backfire, particularly in the last two matches. Pakistan reduced 
Sri Lanka to 53 for three but allowed them to reach 242 while 
against South Africa, Pakistan reduced them to 49 for five but 
failed to capitalize.

"Shoaib Akhtar's return will definitely bring more firepower in our 
bowling for the upcoming tournaments, Waqar said.

After Shahid's onslaught, Youhana and Inzamam got ultra cautious 
and allowed South Africa to tighten the screws around them. The two 
batsmen added just 28 runs from 71 balls after Shahid's dismissal 
instead of rotating the strike.

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20020819
-------------------------------------------------------------------
Pakistan crash out of Morocco Cup
-------------------------------------------------------------------
By Samiul Hasan

TANGIERS (Morocco), Aug 18: Pakistan bowed out of the Morocco Cup 
with a horrendous batting performance against South Africa Sunday.

Chasing a modest 197 for victory, Pakistan seemed to have the match 
in their pockets after Shahid Afridi had plundered a hurricane 62 
off 40 deliveries to steer the pre-tournament favourites to 92 for 
two in 18 overs on a good batting strip. But Afridi's dismissal not 
only put the brakes on the scoring rate but also saw wickets 
tumbling at regular intervals with the last seven batsmen falling 
for the addition of 96 runs. Pakistan were eventually dismissed for 
188to suffer their third defeat in four matches.

South Africa's victory guaranteed them a place in Wednesday's final 
against Sri Lanka and also make Monday's clash against the 1996 
world champions as dress rehearsal for the big match.

Pakistan, who had to win inside 40 overs to ensure the bonus point, 
were undone by veteran South African fast bowler Allan Donald who 
ended with four for 43 and the Man-of-the-Match award.

Afridi, who slammed six fours and four towering sixes, began with 
six boundaries - three sixes and as many fours - off Jacques Kallis 
who went for 33 runs in his opening three overs.

It was a pity that Afridi ended up on the losing side because the 
remaining batsmen failed to capitalise on.

The chief culprits were the experienced duo of Inzamam-ul-Haq and 
Yousuf Youhana. And when Youhana miscued an on-drive to be caught 
at square-leg, it opened all floodgates as Lance Klusener followed 
up by trapping Younis Khan LBW on the next delivery and then Nicky 
Boje picked up Abdul Razzaq to leave Pakistan reeling at 119 for 
six in the 29th over.

Rashid Latif joined Inzamam and did exactly what specialist batsmen 
were supposed to do - nudge and push the ball in the gaps to keep 
the scoreboard ticking. Rashid added 36 invaluable runs for the 
seventh wicket and also dominated the partnership by scoring 22 off 
33 balls with three fours.

Pakistan suffered the killer blow when Inzamam lost his balance and 
dislodged the bail with his toe after lifting off-spinner Justin 
Ontong for a six over deep mid wicket. Inzamam scored a snail-paced 
41 from 74 balls with two fours.

Wasim Akram and Azhar Mahmood tried to carry the fight. But when 
Wasim was bowled by Donald with 11 runs needed, the match was all 
but over. Donald cleaned up Waqar to settle the issue.

The toss was expected to be crucial but Waqar, for the fourth 
successive time, failed to call correctly. But it turned out to be 
a good toss to lose when Wasim clean bowled Herschelle Gibbs with 
the very first ball of the match.

Pakistan seized the advantage when Waqar snapped up Kallis and 
added Ontong after Wasim had trapped Graeme Smith in front of the 
stumps to leave South Africa in tatters at 29 for four which soon 
became 49 for five when the dangerous Jonty Rhodes was sent back to 
the dressing room by Azhar. But it was at that stage when Pakistan 
badly missed Shoaib Akhtar as the support bowlers lacked 
penetration and bite and allowed Boeta Dippenaar and Mark Boucher 
to put on 78 off 120 balls for the sixth wicket. 

Dippenaar was fortunate when Abdul Razzaq failed to hold a 
regulation catch on his follow through when he was 18 and South 
Africa 64 for five.

Pakistan's decision of including Shoaib Malik, ahead of Saqlain 
Mushtaq and in place of Mohammad Sami, badly backfired when he went 
for 15 runs from his only over and then occupied the crease for 42 
balls for his 12.

Wasim and Waqar proved that they are still jewels in the crown of 
Pakistan bowling when they shared five wickets between them and 
most importantly conceded only 27 runs in the last five overs of 
South African innings.

Wasim finished with three for 31 to take his tally of wickets in 
the tournament to seven while Waqar ended up with two for 48 for 
tournament haul of 11 wickets.

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20020818
-------------------------------------------------------------------
Sri Lanka beat Pakistan
-------------------------------------------------------------------
By Samiul Hasan

TANGIERS, Aug 17: Pakistan's hopes of making to the final of the 
Morocco Cup were left hanging by the thread when Sri Lanka beat 
them by 39 runs in the fourth match. Chasing a target of 243, 
Pakistan batsmen committed hara-kiri and gifted their wickets to 
the Sri Lankans on a surface that, against expectations, had 
absolutely no demons.

A late assault by Shahid Afridi (26 off 16 balls with three sixes) 
kept Pakistan's slim hopes alive in the competition when he denied 
Sri Lanka another bonus point. But the pinch-hitter, surprisingly 
relegated to ninth in batting order, couldn't avert the inevitable 
as Pakistan were bowled out for 203 with more than six overs to 
spare.

Pakistan can now only reach the final if they secure a bonus point 
against South Africa Sunday and hope Sri Lanka defeat South Africa 
Monday.

Pakistan had looked down and out when they were reduced to 29 for 
three in little over 10 overs and then 57 for four in 19.1 overs. 
But Yousuf Youhana rose to the occasion and together with Abdul 
Razzaq brought the team back in the game with a 70-run fifth wicket 
partnership.

After Razzaq's (25) departure, Youhana added less than run-a-ball 
30 with Wasim Akram. But the dismissal of Youhana in the 37th at 
157 over proved to be the killer blow as Pakistan slumped to 179 
for nine before Shahid's late but fruitless assault.

Earlier, Sanath Jayasuriya won the crucial toss and had little 
hesitation in batting first. The skipper led from the front when he 
clobbered 12 boundaries and a six in his 94-ball 97 that later won 
him the Man-of-the-Match award.

Jayasuriya put on 111 runs for the fourth wicket from 117 balls 
with Mahela Jayawardene (43).

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20020818
-------------------------------------------------------------------
Shoaib back, Saqlain not considered
-------------------------------------------------------------------
Sports Reporter

KARACHI, Aug 17: Shoaib Akhtar was named in Pakistan squads for the 
Kenyan three-nation and ICC Champions Trophy tournaments. Off-
spinner Saqlain Mushtaq, however, was not considered for the events 
in Nairobi and Colombo at his own request for family reasons.

Shoaib, who was instrumental in Pakistan's stunning 2-1 win over 
world champions Australia in June, chose to skip the ongoing 
Morocco Cup and instead committed himself to club cricket in 
England. However, given his unpredictable mannerism and the fact 
that he is the favorite player of Pakistan Cricket Board, it is 
hardly a surprise to find Shoaib Akhtar back in the side.

Shoaib, ironically, replaces Saqlain in the only change to the 
squad now playing in Tangiers. But batsman Misbah-ul-Haq has been 
omitted for the Champions Trophy in Colombo because the tournament 
rules require teams to have squads of 14 players each.

The Pakistan team flies straight from Tangiers to Nairobi where the 
tournament starts Aug 29 with Waqar Younis' men taking on Kenya. 
All matches in the double league tournament will be played at 
Gymkhana Club Ground.

Kenya not only stepped in to host the tournament on behalf of the 
PCB after Australia opted against playing in Pakistan for security 
reasons but also accepted the invitation after New Zealand pulled 
out of the event.

After the final on Sept 7, all three participating teams depart for 
Colombo for the Champions Trophy.

The 12-nation championship opens with Pakistan playing hosts Sri 
Lanka at the Premadasa Stadium on Sept 12.

Pakistan then play Holland in their final Pool One tie at the SSC 
Ground nine days later (Sept 21).

Only the four pool winners qualify for the semifinals on Sept 25 
and 27 respectively. The final is slated for Sept 29.

Squad for Nairobi: Waqar Younis (captain), Inzamam-ul-Haq (vice-
captain), Saeed Anwar, Imran Nazir, Yousuf Youhana, Younis Khan, 
Abdul Razzaq, Shahid Afridi, Rashid Latif, Wasim Akram, Azhar 
Mahmood, Shoaib Akhtar, Shoaib Malik, Mohammad Sami, Misbah-ul-Haq.

Squad for Champions Trophy: Waqar Younis (captain), Inzamam-ul-Haq 
(vice-captain), Saeed Anwar, Imran Nazir, Yousuf Youhana, Younis 
Khan, Abdul Razzaq, Shahid Afridi, Rashid Latif, Wasim Akram, Azhar 
Mahmood, Shoaib Akhtar, Shoaib Malik, Mohammad Sami.

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20020821
-------------------------------------------------------------------
Inzamam bitterly disappointed
-------------------------------------------------------------------
Special Representative

TANGIERS, Aug 20: Pakistan vice-captain Inzamam-ul-Haq was kicking 
himself for his unusual dismissal in the game against South Africa 
Sunday that led to pre-tournament favourites making an early exit 
from the Morocco Cup.

"I am bitterly disappointed. That was the worst possible way to get 
out. It is still hurting me from inside because my dismissal proved 
to be the turning point in the game," Inzamam said.

Inzamam was out hit wicket for the first time in his 11-year career 
when he lost his balance and dislodged the bail with his right toe 
against part-timer Justin Ontong after hitting him for a six.

"It was just one of those incidents that one would like to forget 
as early as possible. But I must admit that it has not been easy to 
forget it also because Pakistan lost the game and were out of the 
tournament. As an experienced batsman, you shouldn't make these 
silly mistakes. But then that's part of the game and I hope I don't 
make it a habit," Inzamam said. But he believed he was slow in 
getting back to his full fitness and hoped to be at his best by the 
ICC Champions Trophy in Sri Lanka.

"I did very little training and practice for this competition 
because I was recovering from the surgery. Therefore, I was lacking 
match practice and timing. Now this tournament has helped me to 
assist myself where I stand and I think I will regain my form by 
the Champions Trophy," he said.

The 31-year-old admitted that there was pressure on him because he 
was the most experienced batsman and the team was largely depending 
on him. But he refused to admit that his form had dipped this year 
because he had been unable to hold the pressure.

"I think I have handled the pressure well in the past and can still 
manage that. Yes, I didn't do well in this tournament and let the 
team down. But I was short of match practice and lacked proper 
timing. Nevertheless, if you look back at my career, I have always 
held the innings and the ample example are my runs which I have 
scored," he defended himself.

"The pressure is to perform consistently as all the competitions 
that lead to the World Cup are prestigious and vitally important to 
Pakistan's chances. I know I have a big role to play and just can't 
remain an ordinary player or a liability. Like everyone, I am 
determined to regain the World Cup for the country because I know 
that this maybe my last chance," Inzamam said.

players to sign contracts Meanwhile, two Pakistan players have 
signed contracts with the International Cricket Council (ICC) while 
the team management hopes that the remaining boys will submit their 
documents in the next 24 hours.

Pakistan manager Yawar Saeed said Imran Nazir and Abdul Razzaq 
returned the contracts Monday evening.

"I don't see any problems players signing the contracts because no 
one has come to me for any clarity on any of the clauses. I briefed 
the players in detail and have also checked with our sponsors. 
There is no conflict," Yawar said.

Yawar said he had checked the list of the sponsors of the two 
competitions with the personal contracts of the players. He said 
his players were absolutely safe.

"In fact, I have sent the sponsors names of the cricket bats to the 
ICC because one of the clauses is that no tobacco is to be 
promoted. Neither my players have contacts with the tobacco company 
or any of the rivals of the sponsors of the tournaments," he said.

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20020824
-------------------------------------------------------------------
PCB's shabby treatment of Saqlain and Saeed
-------------------------------------------------------------------
By Ali Kabir

The recently concluded Morocco Cup exposed Pakistan Cricket Board's 
(PCB) policy which has been to project the establishment at the 
cost of the players. The image of a sports body is reflected by the 
performance of the players and not the other way round.

PCB has a novel method of dealing with the players. Sometimes it 
supports the players beyond all limits and then it drops them like 
a hot cake on the slightest pretext. The people at the helm of 
affairs want to run cricket issues on personal whims which has 
shaken the confidence of the players and because of this the 
performance graph of our team has not been consistent.

The team's inconsistent performance is the result of board's ad hoc 
policies manipulated by one of its advisers, a former Pakistan 
captain, who himself was a mediocre cricketer in his heydays.

When the adviser was captain of the Pakistan team he tried to 
promote off-spinner Arshad Khan and tried every time to run down 
Saqlain Mushtaq, a world class off-spinner highly acknowledged by 
all the greats of the game. Somehow, the adviser who has a sort of 
complex against players like Wasim Akram and Saqlain Mushtaq never 
gives them the credit they deserve.

Wasim Akram and Saqlain Mushtaq were dropped in the final against 
Sir Lanka in the Asian Cricket Championship at Lahore and Pakistan 
lost.

History repeated itself at Tangiers in the crucial match against 
South Africa where Saqlain and Saeed Anwar were dropped against 
South Africa in the do or die tie.

Instead of playing them, the tour management committee, preferred 
Shoaib Malik as for some time the PCB high ups have been projecting 
him as an all-rounder. He replaced Saeed Anwar as an opener and 
Saqlain Mushtaq as an off-spinner. The board thought that it will 
be killing two birds with one stone but its move backfired for the 
second time.

Inclusion of Shoaib Malik in fact exposed the cricket management's 
wrong policies when he conceded 15 runs in just one over that he 
bowled. The team captain perhaps on the advice of the dressing room 
just to save humiliation did not expose him further.

When he came to bat, with the departure of Imran Nazir, Shahid 
Afridi who was sent in the earlier matches at No. 9 was all of a 
sudden promoted to No. 3, Shahid, in his own style collared the 
South African bowling and when he seemed to be tearing it apart, he 
hardly got any support from the other end where Shoaib played 
couple of maiden overs. This dampened the spirit of the team and 
sent wrong signals into the dressing room. When he was out the new 
batsmen came under undue pressure. 

The theory of rotation of players now being preached by the PCB 
high-ups just backfired. No doubt the players should be saved from 
burnout but who should decide when someone has to be rested. The 
first choice should be of the players themselves and then others 
come in for their views. The team management on its own cannot and 
should not take the decision.

Secondly, the policy cannot be applied every time. The team 
situation too has to be taken into consideration. If Saeed Anwar 
and Saqlain were rested on the policy of rotation, those who took 
the decision should be taken to task. They have no business to be 
paid heavily for such nonsense. It was a do or die situation and 
none of the players would have liked to be rested in such a 
situation.

PCB hired an army of specialists to accompany the team on every 
tour. There is a analyst, a psychiatrist, a team doctor, a 
physiotherapist, a manager and a coach. One would just like to know 
what has been the achievement of the psychiatrist. What wonders has 
he performed with the players. When the team won the series against 
Australia, every official was rewarded for his contribution to the 
team's effort. They were all presented before the President who 
acknowledged their services and duly rewarded them.

It seems that perhaps, victory against Australia was the end of 
cricket world. The PCB officials jumped to the conclusion that they 
have found a world beating combination and the World Cup next year 
is just a formality.

It started, in fact blackmailing the players. When wicket-keeper 
Rashid Latif asked for permission to go to Houston (United States) 
to play in the double wicket championship last month, the PCB 
delayed the permission. But later Rashid Latif was allowed to 
proceed to Houston after some other players were given permission 
for the same trip.

These are dirty tricks and cheap management. Such tricks do more 
harm to the game and the team spirit than doing any good. The job 
of dealing with 16 players with different background, and different 
bloodline requires extraordinary intelligence, patience, 
farsightedness and perseverance. 

Shoaib Akhtar is being praised by all the high-ups of the board 
beyond imagination. No doubt he is rated as the fastest bowler 
today. But he has to conduct himself in order to remain on top. He 
should be treated at par with other players of the team. Any 
preferential treatment will cause heartburn among the players. 
Wasim Akram though down the hill, is the greatest bowler that 
Pakistan has produced. He has 400 victims in both the editions of 
the game. A milestone which, Shoaib, perhaps will never be able to 
achieve.

How come Shoaib was allowed to proceed to United Kingdom when the 
team was in camp training for the Morocco Cup, Kenya and Sri Lanka 
tours. He wanted a break. Well if he wanted a break how come he was 
playing in England? What sort of break is this? Can the PCB chief 
please explain?

Now it has been gathered that Dr Meesaq Rizvi is being sent to 
England to check on the fitness of Shoaib Akhtar for his inclusion 
for the Kenya tour. It seems that Dr Rizvi is more qualified than 
doctors in England. If the board wanted to oblige Dr Rizvi, it 
could have appointed him as the team doctor. His assignment to test 
Shoaib is mind-boggling and a sheer waste of money.

If Shoaib wanted his inclusion in the team, he should have been 
asked to come home and report to the PCB which could have arranged 
a cost free test and put him at one of the academies to gain full 
fitness if he was really out of action during his absence.

The PCB should treat all the players alike. It should not give 
stepmotherly treatment to some and go out of its way to pamper 
others. Unless this policy is adopted for all the team members, no 
one should expect any better performance. Nobody is prepared to 
believe that a team which has ten centurions in its line up cannot 
chase a target of 196 runs. It was because of poor policy of the 
PCB that we have not been able to build a world beating 
combination.

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20020823
-------------------------------------------------------------------
Jansher refused wild card for not appearing in trials
-------------------------------------------------------------------
Sports Reporter

ISLAMABAD, Aug 22: Former champion Jansher Khan was not given a 
wild card for next month's CNS International Championship in 
Karachi because he neither appeared in the trials nor was he 
registered with the Professional Squash Association, a top official 
told Dawn.

"To be eligible for a wild card he had to appear in the trials held 
in Karachi on Aug 15 to pick one player and also he had to be 
registered with the PSA, which he wasn't," the official of the 
Pakistan Squash Federation (PSF) said. Khayal Muhammad earned the 
wild card for the $25,000 event.

Jansher, who announced this month his intentions of returning to 
the sport which he so effectively dominated for almost a decade, 
claimed Wednesday he considered appearing in the trials or the 
qualifying rounds "shameful".

The PSF official however said that Jansher could be given the wild 
card for the CAS International Championship in October. "No 
decision has yet been taken in this regard but he might be 
considered."

Jansher, 33, has now said he would rather make his comeback in 
Europe by competing in smaller tournaments for which he was sure to 
be offered a wild card before moving on to bigger events.

The Peshawar-based Jansher won plenty of silverware during his 
career including eight world titles and six British Open crowns. He 
quit the sport in 1999. 

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20020822
-------------------------------------------------------------------
Jansher looks to Europe for comeback
-------------------------------------------------------------------
DUBAI, Aug 21: Former world squash champion Jansher Khan said he 
aims to be back on court within three months, but not in his 
homeland of Pakistan, which refused him a wildcard for an upcoming 
tournament.

"I hope to be a member of the Professional Squash Association (PSA) 
within a week or two ... and back on court within three months at a 
PSA event," Jansher told a press conference here en route from 
Pakistan to Europe.

Jansher said he was sure he would be offered a wildcard at "any of 
the 35-40,000 dollar tournaments in Europe." "I need to play three 
or four (minor) tournaments to get confidence," before challenging 
the world's top players "within eight months," Jansher said, adding 
that he thought the standard of squash had come down from his 
heyday 10 years ago.

He also blasted the Pakistan Squash Federation for refusing him a 
wildcard for the 30,000-dollar September 18-23 Chief of Naval Staff 
Open in Karachi.

"I am quite upset and sad with the decision," Jansher said, 
stressing that the federation had not given him a reason why an 
original verbal offer of a wildcard was rescinded. But Jansher, 
with only two competitive matches under his belt in four years, 
refused to play in any tournament qualifying rounds: "That would be 
shameful ... I won't do that."

After two knee operations in 1997, Jansher failed to regain full 
fitness and his last competitive match resulted in a first round 
defeat to Jonathan Power of Canada in June 1999.

"I've been playing every day for the last four months. I don't feel 
any pain and am gaining confidence every day," Jansher said of his 
knee and groin injuries.-AFP

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