Payback time is very near , prepare your neck

Wednesday, July 22, 2009 ISLAMABAD: The 14-member larger bench of the Supreme Court of Pakistan on Wednesday summoned former President Pervez Musharraf to defend charges leveled against him for imposing emergency on November 3, 2007.

The larger bench issued a notice to Pervez Musharraf to appear in person or through counsel on July 29.

The PCO judges case hearing was adjourned till July 29.

A 14-member larger bench headed by Chief Justice Iftikhar Muhammed Chaudhry heard the case relating the promulgation of emergency on November 3 and the appointment of judges of higher judiciary.

Giving his remarks, the CJ said justice will not meet its demands, if the court gives verdict without giving explanation chance to Musharraf; thereupon, Sindh High Court Bar counsel Hamid Khan retorted former Gen Yahya Khan appeared before court in Aasma Gilani case.

The CJ said the case is highly important.

CJ Chaudhry queried Hamid Khan Advocate regarding the repercussions of the verdict of this case, adding, ‘We will have to muse seriously why July 5, 77 happened, what effects judicial rulings had on national life.’

‘The case may have effects on our judges ranks, we will have to spot repercussions of the case ruling outside the courtroom.’

Justice Khalilur Rehman Ramday said in his remarks that the judges who took oath on PCO on November 3, 2007, ran foul of the order of 7 SC judges. Source

I congratulate and appreciate all the Pakistanis for their patience and their support for the movement of Restoration Of Judiciary. The things we were waiting for so long have finally started to appear. First time in the history of Pakistan a military dictator will be questioned and punished for his crimes by civilian court and the evil effects of these crimes will be reversed. It will be a turning point in our history and will change our destiny.

Gen. Retired Parvez Musharraf is the man who overthrew a democratically elected government of Nawaz Sharif, having two third majority, on 12 October 1999 just to save himself from being punished for his crimes in Kargil Operation. It was his first martial law. He imposed second martial law on 3 November 2007, this time he was saving himself from being declared in-eligible for contesting presidential elections. The main reason behind it was our judiciary which shamelessly supported him in 1999 but in 2007 they refused to repeat their mistake. Now when Musharraf has failed to achieve any of his targets it is the right time to drag him into courts and punish him for his crimes.

This is the Payback time.

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Gwadar : Balochistan’s new winter capital

QUETTA: The Balochistan government is likely to declare Gwadar as the winter capital of the province.

'A decision has been taken in principle and the plan is likely to be approved with the next provincial budget,’ sources told Dawn, adding that officials concerned were working on details of the proposal.

‘The decision will have a far-reaching impact on the economy of Balochistan, particularly of Makran,’ the sources said.

Balochistan Assembly Speaker Mohammad Aslam Bhootani confirmed that the proposal was being actively considered. ‘If the government takes a final decision to make Gwadar the winter capital of the province, economic activities in the port city will get a big boost,’ he said.

The sources said a bench of the Balochistan High Court would also be set up in Gwadar. They said that Chief Minister Nawab Mohammad Aslam Raisani, Speaker Aslam Bhootani, the chief secretary and provincial ministers had held several meetings in Islamabad in this regard. Source

That is what I call some real good news. If government is serious in this development then it can completely change the future of Balochistan. Areas in south specially Makran will directly benefit from it and Pakistan as a country will have another fully functional port with all kind of facilities for investors and local residents. Economic activity will rise tremendously and millions of jobs will be created. Karachi, the only fully functional port city is already overpopulated and over burdened and it is very near to Indian border which is a very serious security issue. Gwader is the answer of all of these questions.

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Nizam-e-Adl Regulations 2009

Following is the Text of the Nizam‑e‑Adl Regulation 2009 to provide for Nifaz‑e‑Nizam‑e‑Sharia’h through Courts in the Provincially Administered Tribal Areas:‑

A REGULATION to provide for Nifaz‑e‑Nizam‑e‑Sharia’h through Courts in the provincially Administered Tribal Areas for the North‑West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb.

WHEREAS it is expedient to provide for Nifaz‑e‑Nizam‑e‑Sharia’h through courts in the Provincial Administered Tribal Areas of the North‑West Frontier Province except the Tribal areas adjoining Mansehra district and the former State of Amb;

AND WHEREAS clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that no Act of Majlis‑e‑Shoora (parliament) or a Provincial Assembly Shall apply to a provincially Administered Tirbal Areas, or any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs, and in giving such direction with respect to any law, the Governor may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction;

AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the governor of a province, with the prior approval of the President may, with respect to any matter within the legislative competence of the Provincial Assembly, make regulations for the peace and good governance of Provincially Administered Tribal Areas or any part thereof;

NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North‑West Frontier Province, with the approval of the President, is pleased to make the following Regulation:‑

1. Short title, extent and commencement

(1) This Regulation may be called the Shariah Nizam‑e‑Adl Regulation, 2009.

(2) It shall extend to the provincially Administered Tribal Areas of the North‑West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb, hereinafter referred to as the said area.

(3) It shall come into force at once.

2. Definitions

(1) In this Regulation, unless there is anything repugnant in the subject or context,‑

(a) “Court” means the court of competent jurisdiction established and designated as such under this Regulation, and includes a court of appeal or, as the case may be, a court of revision;

(b) “Dar‑ul‑Dar‑ul‑Qaza” means the final appellate or revisional court, in the said area, designated as such, under this Regulation in pursuance of clause (2) of Article 183 of the Constitution of the Islamic republic of Pakistan;
(c) “Dar‑ul‑Qaza” means appellate or revisional Court constituted by Governor of North West Frontier Province in the said area, under clause (4) of the Article 198 of the Constitution of the Islamic Republic of Pakistan;

(d) “Government” means the Government of the North‑West Frontier Province;

(e) “Paragraph” means a paragraph of this regulation;”recognized institution” means the Shariah Academy established under International Islamic University Ordinance, 1985 (XXX of 1985) or any institution imparting training in Uloom‑e‑Shariah and recognized as such by Government;

(f) “Prescribed’ means prescribed by rules made under this Regulation;

(g) “Qazi” means a duly appointed judicial officer as specified and designated in column (3) of Schedule II;

(h) “recognized institution” means the Shariah Academy established under International Islamic University Ordinance, 1985 (XXX of 1985) or any institution imparting training in Uloom‑e‑Shariah and recognized as such by Government;

(i) “Schedule” means a Schedule to this Regulation;

(j) “Sharia’h” means the injunctions of Islam as laid down in Quran Majeed, Sunnah‑e‑Nabwi (Sallallaho Alaihe Wasallam), Ijma and Qias.

Explanation.‑ In the application to the personal law of any Muslim sect, the expression “ Quran Majeed and Sunnah‑e‑Nabvi (Sallallaho alaihe wasallam)” shall mean the Quran Majeed and Sunnah‑e‑Nabvi (Sallallaho alaihe wasallam) as interpreted by that sect.

(2) All other expressions, not expressly defined in this Regulation, shall have the same meanings as assigned to them in any other law for the time being in force in the said area.

3. Application of certain laws

(1) The laws specified in column (2) of Schedule‑I, as in force in the North‑West Frontier Province immediately before the commencement of this Regulation, and so far as may be, all rules, notifications and orders made or issued thereunder, shall apply to the said area.

(2) All the laws applicable to the said area, including the laws mentioned in sub‑paragraph (1), shall so apply subject to such exceptions and modifications as specified in this Regulation.

4. Certain laws to cease to operate

If, immediately before the commencement of this Regulation, there was in force in the said area any law, instrument, custom or usage having the force of law not corresponding to the Injunctions of Quran Majeed and Sunnah‑e‑Nabvi (Sallallaho alaihe Wasallam) or provisions of any of the laws applied to the said area by this Regulation, such law, instruments, custom or usage, as the case may be, shall upon such commencement, cease to have effect in the said area.

5. Courts

Besides, Dar‑ul‑Dar‑ul‑Qaza and Dar‑ul‑ Qaza, there shall be following courts of competent jurisdiction, in the said area, namely:‑

(a) Court of Zilla Qazi;

(b) Court of Izafi Zilla Qazi;

(c) Court of Aa’la Illaqa Qazi;

(d) Court of Illaqa Qazi; and

(e) Court of Executive Magistrate.

6. Qazis and their powers and functions

(1) Any person to be appointed as Illaqa Qazi in the said area shall be a person who is a duly appointed judicial officer in the North‑west Frontier Province and preference shall be given to those judicial officers who have completed Shariah course from a recognized institution.

(2) In relation to proceedings and conducting the criminal or civil cases, all powers, functions and duties conferred, assigned or imposed on Judicial officers in the North‑West Frontier Province under any law for the time being in force shall, subject to application of such law in the said area and established principles of Sharia’h, be exercised, performed or discharged by them as designated in column (3) of Schedule‑II.

(3) Subject to the general supervision of the principal seat of Dar‑ul‑Qaza, a Zilla qazi shall supervise the work of subordinate courts and, through the District Police Officer concerned, the process serving staff, with in the local limits of his jurisdiction.

7. Executive Magistrate

(1) In each district or protected area, there shall be a District. Magistrate, Additional District Magistrates, Sub Divisional Magistrates and other Executive Magistrates as the Government may deem necessary to appoint.

(2) The District Magistrate and all other Executive Magistrates shall discharge their functions, responsibilities and exercise their powers according to the established principles of Shariah and other laws for the time being in force in the said area.

(3) Keeping peace, maintaining order, enforcing the executive authority of the Government and “Sadd‑e‑Zara‑e‑Jinayat” shall be the duty, responsibility and power of the District Magistrate. For this purpose he may take action against an individual under the established principles of Shariah.

(4) The cases included in Schedule III to this Regulation shall be exclusively triable by Executive Magistrates.

EXPLANATION.‑ The expression “Sadd‑e‑Zara‑e‑Jinayat” means and includes all actions and steps taken under the Shatiah laws and any other law in force for the time being for the control of crimes.

8. Submission of Challan to Qazi or Executive Magistrate

(1) It shall be the duty of every officer‑in‑charge of a police station to ensure that complete challan in each criminal case is submitted to the concerned Court with in fourteen days from the date of lodging the first information report, except in a case in which the concerned Qazi or Executive Magistrate has granted special extension of time for a specified period for reasons to be recorded:

Provided that if any officer‑in‑ charge of police station or investigation officer fails to submit complete chalan within specified period, the Qazi or Executive Magistrate concerned shall refer the matter to competent authority for disciplinary action against the police officer responsible for such delay and necessary disciplinary action shall be taken against him forthwith and shall be duly communicated to the referring Qazi or Executive Magistrate.

(2) The officer‑in‑charge of a police station shall submit a copy of the first information report to concerned Qazi or Executive Magistrate within twenty four hours of its lodging, and inform the concerned Qazi and Executive Magistrate, from time to time, about the position and further progress of investigation of the case.

9. Proceedings to be in accordance with Shariah

(l) A Qazi or Executive Magistrate shall seek guidance from Quran Majeed, Sunna‑e‑Nabvi (Sallalllaho Alaihe Wasallam) , Ijma and Qiyas . for the purposes of procedure and proceedings for conduct and resolution of cases and shall decide the same in accordance with shariah. While expounding and interpreting the Quran Majeed and Sunna‑e‑Nabvi (Sallalllaho Alaihe Wasallam) the Qazi and Executive Magistrate shall follow the established principles of exposition and interpretation of Quran Majeed and Sunna‑e‑Nabvi (Sallallaho Alaihe wasallam) and, for this purpose, shall also consider the expositions and opinions of recognized Fuqaha of Islam.

(2) No court shall entertain a suit unless the plaintiff or, as the case may be, the complainant verifies that copies of the plaint along with supporting documents have been sent, through registered post with acknowledge due to all defendants, except in case of a suit for perpetual injunction accompanied by an application for temporary injunction.

(3) The pleadings shall be accompanied by copies of all relevant documents and affidavits of all the unofficial witnesses duly attested by an oath commissioner. The affidavits so submitted shall be treated as examination in‑chief of such witness:

Provided that if, after submission of pleadings, in the opinion of court, any new issue arises, party to proceedings may be allowed to submit afresh copies of relevant documents and affidavits of unofficial witness attested in the manner aforesaid, for arriving at just conclusion of case.

(4) In all cases of civil nature written statement shall be submitted within seven days and where the defendant fails to do so his defence shall be struck off:

Provided that the court may extend time for filing of written statement in extraordinary circumstances for an additional period of seven days. The time so allowed shall’ not be extended further on any ground whatsoever.

(5) After completion of evidence, the court shall ask the parties to argue, either verbally or in writing, on the adjourned date and, if either of the party fails to do so on the date so, fixed, the court shall pronounce judgment on merits without any further adjournment for arguments:

Provided that it shall be the duty of the court to make list of relevant reported judgments, referred to by any party as precedent, which shall form part of judicial record.

(6) No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs in court which shall not be less than two thousand rupees.

10. Observance of time schedule

(1) A period of not more than six months for disposal of a civil case, and a period of not more than four months for disposal of a criminal case, shall be standard time schedule excluding the time spent for sulh proceedings.

(2) A Qazi shall finalize a case within the time schedule prescribed under sub‑paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the Zilla Qazi, or, as the case may be, to the presiding officer of the principal seat of Dar‑ul‑Qaza, and shall act on the‑ directions issued by such court in this behalf.

(3) An Executive Magistrate shall also finalize a case within the time schedule prescribed under sub‑paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the case and reasons of such delay to the District Magistrate and shall act on the directions issued by him in this behalf.

(4) If the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of Dar‑ul‑Qaza in relation to proceedings in the court of Qazi, upon examination of causes of delay, is of the opinion that the delay has been’ caused due to the delaying tactics of a party, it shall impose a cost to be recovered from the defaulter party and direct the court concerned to dispose of the case within an extended period of not more than one month.

(5) If the District Magistrate,in relation to proceedings in the court of Executive Magistrate, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall impose*a cost to be recovered from the defaulter party and direct the court concerned to dispose of the case within an extended period of not more than one month.

(6) If in the opinion of Zilla Qazi or, as . the case may be, of the presiding officer of the principal seat of the Dar‑ul‑Qaza, the Qazi or Executive Magistrate, dealing with the case or proceedings is responsible for delay in its disposal, the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of Dar‑ul‑Qaza may‑ (a) in the case of Qazi, deliver upon him a letter of displeasure. If a Qazi is served with three letters of displeasure in a year, then the Zilla Qazi or as the case may be, presiding officer of the principal seat of Dar‑ul‑Qaza, after providing him an opportunity of being heard, may make an entry in his service record; and (b) in the case of Executive Magistrate, inform the District Magistrate about such delay and recommend for disciplinary action, provided in clause (a) and the District Magistrate shall act on the recommendations accordingly.

(7) In criminal cases, the Investigating Officer shall prepare copies of the case file in triplicate, in addition to judicial file, so that the trial court may retain the judicial file for regular trial, and the remaining two files, may be sent to the court concerned when requisitioned.

(8) An appeal or revision under this Regulation shall be filed within thirty days from the date of the decision in the respective case, after sending its copies, through registered post with acknowledge due,to the opposite part, and the appellate or revisional court shall decide the same within thirty days, without remanding it on any ground whatsoever:

Provided that such court shall have the power to rectify any illegality or irregularity of omission.

(9) Any decree shall be executed either by the court which passed it, or by the court it is sent for execution, within two months.

11. Establishment of courts

(1) As soon as may be after the commencement of this Regulation, Government shall take necessary steps to establish as many courts as may be necessary to ensure expeditious dispensation of justice with in prescribed time schedule.

(2) Where the number of pending case^ at. a time exceeds more than one hundred and fifty in a court of Zilla Qazi, District Magistrate, or, as the case may be , Izafi Zilla Qazi, or exceeds more than two hundred cases in a court of Aa’la Ilaqa Qazi, Executive Magistrate, or, as the case may be, Illaqa Qazi, it shall be necessary for the Government to establish a new court and provide it all related facilities to ensure dispensation of justice within prescribed time schedule.

12. Appeal and revision

Subject to the Constitution of the Islamic Republic of Pakistan, appeal or revision against the orders, judgment or decrees of the Dar‑ul Qaza shall lie to the Dar‑ul‑Dar‑ul‑Qaza established for the purposes of this Regulation.

13. Power to appoint musleh

(1) Any civil or criminal case, subject to mutual consent of the parties, may be. referred by a court to Musleh or, as the case may be, musleheen before recording of evidence, either on the agreement of the parties regarding the names of such musleh or musleheen, or in case of their disagreement, to such musleh or musleheen whose names appear on the list maintained by the court for such purpose:

Provided that the cases falling within the purview of Hudood laws and cases by or against the Federal Government or Provincial Government or any statutory body or persons under legal disabilities shall not be referred for sul’h.

(2) The musleheen shall record their opinion with regard to a dispute referred to them with reasons thereof. .

(3) Where a musleh or, as the case may be, musleheen, to whom a dispute has been referred for resolution, either fail or refuse to resolve it, or the Court is of the opinion that unnecessary delay has been caused, without sufficient reason, in resolving it, the Court, may, on the application of a party or suo ‘moto, for reasons to be recorded, withdraw the order of such reference and, after such withdrawal, it shall resolve the dispute in accordance with Sharia’h as if it were not referred for sul’h:

Provided that, in no circumstances a case shall remain with a musleh or, as the case may be, musleheen for a period of more than ^.fifteen days, but the court may, in extraordinary circumstances, for reasons to be recorded in writing, extend the time for fifteen days and, on the expiry of the aforesaid period, it shall stand withdrawn to the court for further proceedings.

(4) The Musleh or, as the case may be, the musleheen, appointed for such resolution of the dispute, after hearing the parties and their witnesses, if any, perusing the relevant document, if any, and inspecting the spot, if need be, shall form opinion about resolution of the dispute, with reasons therefor, and submit a report of their opinion to the concerned court without delay:

Provided that in case the opinion is not unanimous, the opinion of the majority members and the opinion of each dissenting member, separately or jointly, with reasons thereof shall be so submitted.

(5) The Court shall, if it is satisfied that the opinion in a case referred to for sul’h under sub‑paragraph (1) is in accordance with Sharia’h, make it the rule of the Court, and shall announce it as such, but, if the court comes to the conclusion that the opinion is not in accordance with Sharia’h, it shall declare the opinion, for reasons to be recorded, as null and void and shall start its proceedings for decision of such dispute in accordance with Sharia’h as if it were not referred for sul’h.

(6) The court shall, before proceeding further, provide an opportunity to the parties to submit objections, if any, to such report, and, if any, objections are.so made, the court shall, after hearing the parties, decide about the correctness or otherwise of the objections.

(7) The court shall, keeping in view the actual expenses incurred by the musleh or musleheen, on travelling to, and stay at, the place other than the place of his or, as the case may be, their residence, and the time spent, in dealing with the case, in particular circumstances of each case, fix the remuneration of such musleh or musleheen, to be paid by each party in such proportion as may be determined by the court.

14. Conduct of Judicial Officers and Executive Magistrates

(1) The conduct and character of each Judicial Officer and Executive Magistrate shall be in accordance with the Islamic principles.

(2) Notwithstanding anything contained in any law for the time being in force/ all cases, suits, inquires, matters and proceedings in courts, pertaining to the said area, shall be decided by the courts concerned in accordance with Sharia’h: Provided that cases of non‑Muslims in matters of adoption, divorce, dower, inheritance, marriage, usages and wills shall be conducted and decided in accordance with their respective personal laws.

(3) Government may, from time to time, take such measures for the purposes of sub‑paragraph (1), as it may deem necessary.

15. Aid and assistance to courts

(1) All executive authorities in the said area, including members of law enforcing agencies and members of other service’s of Pakistan, shall act in aid and assistance of the courts, and shall implement their judicial decisions and orders.

(2) The Government may, where necessary, issue such directions to any law enforcing agency as are necessary in relation to service of court processes on the parties, witnesses or any other person, and, for any general or specific purposes, in order to ensure the conduct of such law enforcing agency in aid and assistance of the courts.

16. Language of the Court and its record

All the processes and proceedings of the court, including the pleadings, evidence, arguments, orders and judgments shall be recorded and conducted in Urdu, Pushto or in English and the record of the Court shall also be maintained in the said language.

17. Power to make rules

The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Regulation.

18. Regulation to override other laws

The provisions of this Regulation shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force in the said area.

19. Repeal

(1) The Provincially Administered Tribal Areas Shari Nizam‑e‑Adl Regulation, 1999 (N.‑w;”F.P. Reg. I of 1999), and rules made thereunder are hereby repealed.

(2) The Code of Criminal Procedure (Amendment) Ordinance, 2001 (XXXVII of 2001), applied to the said area vide Home and Tribal Affairs Department’s Notification No. 1/93‑SOS^I.I (HD)/2001, dated the 27th April, 2002, is hereby repealed.

(3) Notwithstanding the repeal of the Regulation under sub‑paragraph (1), or cessation of any law, instrument, custom or usage under paragraph 4, the repeal or cessation, as the case may be, shall not‑
(a) revive anything not in force or existing at the time at which the repeal or cessation takes effect;
(b) affect the previous operation of the law, instrument, custom or usage or anything duly done or suffered thereunder;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law, instrument, custom or usage;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law, instrument, custom or usage; of”
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation,, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law, instrument, custom or usage had not been repealed or ceased to have effect, as the case may be.

(See Paragraph 3 (1)

S.N. Nomenclature of laws

(1) (2)



1. The West Pakistan Historical Mosques and Shrines Fund Cess Ordinance, 1960 (W.P.Ord.y of 1960).

2. The Family Courts Act, 1964 (W.P.Act XXXV of 1964).

3. The Pakistan Arms Ordinance,1965(W.P.Ord.XX of 1965).

4. The Law Reforms Ordinance, 1972 (Ord.XII of 1972).

5. The Code of Civil Procedure (Amendment) Act, 1976, (XV of 1976).

6. The Law Reforms (Amendment) Ordinance,1976 (Ord.XXI of 1976).

7. The North‑West Frontier Province Suppression of Crimes .Ordinance, 1978 (NWFP Ord.Ill of 1978).

8. The North‑West Frontier Province Prevention of Gambling Ordinance, 1978 (N.W.F.P. Ord. V of 1978). ª

9. The Code of Civil Procedure (Amendment) Ordinance, 1980 (Ord.X of 1980).

10. The Offences Against Properties (Enforcement of ‑Hudood) (Amendment) Ordinance, 1980(Ord. XIX of 1980) .

11. The Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance,. 1980 (Ord. XX of 1980).

12. The Offence, of Qazf (Enforcement of Hadd) (Amendment) Ordinance 1980 (XXI of 1980).

13. The Ehtram‑e‑Ramzan Ordinance, 1981 (Ord. XXIII of 1981) .

14. The Offences Against Property (Enforcement of Hudood) (Amendment) Ordinance, 1982 (Ord. II of 1982).

15. The Zakat and Ushr (Amendment) Ordinance, 1983 (Ord.VII of 1983).

16. The Zakat and Ushr (Second Amendment) Ordinance 1983 (Ord. X of 1983).

17. The Zakat and Ushr (Third Amendment) Ordinance, 1983 (Ord. XXVI of 1983).

18. The Anti‑Islamic Activities of Qadianis Group, Lahore Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ord. XX of 1984.

19. The Zakat and Ushr (Amendment) Ordinance, 1984 (Ord. XLVI of 1984).

20. The North‑West Frontier Province (Enforcement of Certain Provisions of Laws) Act, 1989 (NWFP Act II of 1980).

21. The Code of Civil Procedure (Amendment) Act, 1989 (IV of 1990).

22. The Zakat and Ushr (Amendment) Act, 19991 (XXIII of 1991).

23. The Enforcement of Sharia’h Act, 1991 (X of 1991).

24. The Pakistan Bait‑ul‑Malª Act, 1992 (I of 1992) .

25. The Code of Civil Procedure (Amendment) Act, 1992 (VI of 1992).

26. The .North‑West Frontier Province Shari Act, 2003 (NWFP Act No.II of 2003).

27. The North‑West Frontier Province Waqf Ordinance, 1979 (Ord.I of 1979).

28. The North‑West frontier Province Consumer Protection Act,. 1997 (Act VI of 1997.

29. The Pakistan Environmental protection Act, 1997 (Act XXXIV of 1997).

30. The Civil Law (Reforms) Act,, 1994 (Act XIV of 1994).

31. The Fatal Accident Act, 1855 (Act XIII of 1855).

32. The Partition Act, 1893 (Act IV of 1893).

33. The Antiquities Act, 1975 (Act VII of 1976).

34. The Essential Article (Control). Act, 1958.

35. The North‑West Frontier Province Orphanages (Supervision and Control) Act, 1976 (Act XIV of 1976).

36. The West Pakistan Suppression of Prostitution Ordinance, 1961 (Ord. II of 1961).

37. The Price Control and Prevention of Profiteering and Hoarding Act, 1977 (XXIX of 1977).

38. The West Pakistan Regulation and Control of Loud Speaker and Sound Amplifiers Ordinance, 1965 (Ord. II of 1965).

39. The Prevention of Gambling Act, 1977 (Act XXVIII of 1977).

40. The Indecent Advertisement Prohibition Act, 1963 (Act XII of 1963).

41. The Travel Agencies Act, 197 6 (Act XXX of 1976).

42. The Employment of Children Act, 1991 (Act V of 19910,

43. The North‑West Frontier Province Registration and Functions of Private . Educational Institutions (Amendment) Ordinance, 2002 (Ord XLVI of 2002)

44. The NWFP the Punjab Minor Canals (Amendment) Ordinance, 2002 (Ord. LVIII of 2002).

45. The North‑West Frontier Province Local Government ‑(Amendment) Act, 2005 (Act X of 2005).

46. The North‑West Frontier Province ‘ Housing Authority Act, 2005 (Act XI of 2005) .

47. The North‑West Frontier Province Consumers Protection (Amendment) Act, 2005 (Act II of 2005) .

48. The North‑West Frontier Province ‘ Local Government (Second Amendment) Act, 2006 (Act II of 2006).

49. The North‑West Frontier Province Societies Registration (Amendment) Act, 2006 (Act III of 2006).

50. The North‑West Frontier Province Prohibition of Kite Flying Activities Act, 2006 (Act IV of 2006).

51. The North‑West Frontier Province Interest of Personal Loans Prevention Act, 2007.

52. The North‑West Frontier .Province Agriculture and Livestock Produce Markets Act, 2007.

53. The North‑West Frontier Province Forest Ordinance, 2002 (Ord. XIX of 2002).

54. The Anti‑Terrorism (Second Amendment) Ordinance, 1999 (Ord. XIII of 1999).

55. The Anti‑Terrorism (Third Amendment) Ordinance, 1999 (Ord. XX of 1999) .

56. The Juvenile Justice System Ordinance, 2000 (Ord. XXII of 2000).

57. The Anti‑Terrorism (Amendment) Ordinance, 2000 (Ord. XXIX of 2000) .

58. The National Highway Safety Ordinance, 2000 (Ord. XL of 2000).

59. The Zakat and Ushr (Amendment) Ordinance, 2000 (Ord. XXI of 2001).

60. The Patents Ordinance, 2000 (Ord. LXI of 2001).

61. The Control of Narcotic Substances (Amendment) Ordinance, 2000 (Ord. LXVI of 2000) .

62. The Zakat and Ushr (Amendment) Ordinance, 2001 (Ord. XXI of 2001).

63. The Arms Laws (Amendment) Ordinance, .2001 (Ord. LXVI of 2001).

64. The Code of Civil Procedure (Amendment) Ordinance, 2002 (Ord. XXXIV of 2002).

65. The General Clauses (Amendment) Ordinance, 2002 (Ord. XXXIII of 2002).

66. The Representation of People (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).

67. The Representation of People (Amendment)’ Ordinance, 2002 (Ord. XXXVI of 2002).

68. The Representation of People (Third Amendment) Ordinance, 2002 (Ord. XLV of 2002).

69. The Zakat and Ushr (Amendment) Ordinance, 2002 (Ord. XXV of 2002) .

70. The Zakat and Ushr (Amendment) Ordinance, 2 002 (Ord. XXXVIII of 2002).

71. The National Commission for Human Development Ordinance, 2002 (Ord. No. XXIX of 2002).

72. The Pakistan. Electronic Media Regulatory Authority Ordinance, 2002 (Ord. No. XIII of 2002).

73. The Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002).

74. The Probation of Offenders*. (Amendment) Ordinance, 2002 (LXVI of 2002).

75. The Prohibition of Smoking and Protection of Non‑Smokers Health Ordinance, 2002 (Ord. LXXIV of 2002) .

76. The Freedom of Information Ordinance, 2002(Ord. XCVI of 2 002).

77. The Press Council of Pakistan Ordinance, 2002 (Ord. XCVII of 2002).

78. The Press, Newspaper, News Agencies and Book Registration Ordinance, 2002 (Ord. XCVIII of 2002).

79. The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 2002 (Ord. CI of “ 2002).

80. The Drugs (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).

81. The Local Government, Election Laws (Amendment) Ordinance, 2002.

82. The Political Parties Order, 2002 (C.E.O. 18 of 2002).

83. The Political Parties (Amendment) Order, 2002 (C.E.O. .20 of 2002).

84. The Police. (Amendment) Order, 2002 (C.E.O. 36 of 2002).

85. The Contempt of Court Ordinance, 2003 (Ord. V of 2003.) .

86. The Political Parties (Amendment) Act, 2004 (Act III of 2004).

87. The Code of Civil Procedure (Amendment) Act, 2004 (Act VIII of 2004).

88. The Defamation (Amendment) Act, 2004 (Act IX of 2004).

89. The Anti‑terrorism (Amendment) Act, 2004 (Act X of 2004).

90. The Illegal Dispossession Act, 2005 (Act XI of 2005).

91. The Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) (Amendment) Act, 2006.

92. The Pakistan Electronic Media Regulatory Authority (Amendment) Act, 2007 (II of 2007).

93. The Prevention of Electronic Crimes Ordinance, 2008.

94. The Control of Narcotics Substances Act, 1997 (XXV of 1997) .



SCHEDULE ‑II

(See paragraphs 2 (1) (g) , 6(2)]

S.NO. Designation of judges and Judicial Officers in the NWFP except PATA Designation of judges and Judicial Officers in the PATA

1 2 3

1 District and Sessions Judge Zilla Qazi

2 Additional District and. Sessions Izafi Zilla Qazi Judge



3 Senior Civil Judge/Judicial Aa’la Illaqa Qazi

30 of Criminal Procedure Code,1898 (Act V of 1898) Aa’la Illaqa Qazi



4 Civil Judge/Judicial Magistrate Illaqa Qazi



SCHEDULE ‑III

(See paragraph 7(4)]

S. No. Description of Offences

1 All offences under Pakistan Penal Code punishable with imprisonment up to three years with or with out fine.

2 All” offences punishable under Local and Special Laws punishable up to three years with or without fine.

3 Cases for prevention of breach of peace and public nuisances under the Pakistan Penal Code and the Code of Criminal Procedure, 1898.

4 Cases pertaining to deviations of licenses and permits under relevant laws applicable to the said area.



(OWAIS AHMED GHANI)

Governor NWFP.

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‘Operation Pathway’ a Failure

‘Operation Pathway’ was perhaps destined for failure the moment the UK’s top counter-terrorism officer was photographed with files providing details of planned police raids on Pakistani students. The officer concerned was forced to resign and the police action, which had been in the works for months, was moved forward at short notice. The result: mass arrests but no solid evidence.

Even so, that did not stop UK Prime Minister Gordon Brown from crowing about how the police had foiled a major terrorist plot. What terrorist plot? There may have been one but we will never really know, will we, considering how badly the inquiry was bungled? Physical searches of flats and houses yielded nothing, and neither did scrutiny of seized computers. In the end, all charges were dropped but yet the students are not at liberty.

They have been remanded to the custody of the UK Border Agency pending their deportation. Can Mr Brown, who was in Pakistan the other day, answer this one simple question: what is their crime? Every single student rounded up by the police was in the UK on a valid visa. Not one shred of evidence that could stand up in court could be produced against any of the young men now in custody. Is this justice? No, it is not.

Britain’s civil liberties record is not spotless, particularly in its dealings with the IRA, but the country does stand out as a bastion of basic rights in the western world. Every country has the right to act decisively when it feels that its security interests are being threatened. The UK cannot be deprived of that privilege. But when it knows that it has made a mistake, the British government, and yes it’s prime minister, should have the decency to show remorse and apologise for the incarceration of Pakistani citizens whose only fault perhaps was that they weren’t white.

The UK needs to sort out its race issues. Racism in Britain is both institutional and in your face. Few middle-class persons of colour who spend any prolonged period of time in Great Britain can come away saying that they were not discriminated against in one way or another. This is an issue that Britain needs to address on an urgent basis. Meanwhile, teenagers of Pakistani or Bangladeshi origin do not turn the other cheek at any given affront like their predecessors did.

The race riots of 2001 showed once and for all that there is now a generation of South Asians in Britain that will not simply cower and simper. But there is a downside to this dubious empowerment as well. Alienated from the mainstream, many Muslim Britons are more than willing to lend an ear to the obscurantists.

SOURCE

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Charter of Democracy a ray of hope

The following is the text of the Charter of Democracy signed by former prime ministers Benazir Bhutto and Nawaz Sharif on 14th may,2006. This document is the ray of hope for Pakistani people. It defines the bases of cooperation between two prominent political parties and assurance of stable democracy to the people.

A. CONSTITUTIONAL AMENDMENTS

1. The 1973 Constitution as on 12th October 1999 before the military coup shall be restored with the provisions of joint electorates, minorities, and women reserved seats on closed party list in the Parliament, the lowering of the voting age, and the increase in seats in parliament and the Legal Framework Order, 2000 and the Seventeenth Constitutional Amendment shall be repealed accordingly.

2. The appointment of the governors, three services chiefs and the CJCSC shall be made by the chief executive who is the prime minister, as per the 1973 Constitution.

3. (a) The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following: i. The chairman shall be a chief justice, who has never previously taken oath under the PCO.

ii. The members of the commission shall be the chief justices of the provincial high courts who have not taken oath under the PCO, failing which the senior most judge of that high court who has not taken oath shall be the member

iii. Vice-Chairmen of Pakistan and Vice-Chairmen of Provincial Bar Association with respect to the appointment of judges to their concerned province

iv. President of Supreme Court Bar Association

v. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar, and Quetta with respect to the appointment of judges to their concerned province

vi. Federal Minister for Law and Justice

vii. Attorney General of Pakistan

(a-i) The commission shall forward a panel of three names for each vacancy to the prime minister, who shall forward one name for confirmation to joint parliamentary committee for confirmation of the nomination through a transparent public hearing process.

(a-ii) The joint parliamentary committee shall comprise of 50 per cent members from the treasury benches and the remaining 50 per cent from opposition parties based on their strength in the parliament nominated by respective parliamentary leaders.

(b) No judge shall take oath under any Provisional Constitutional Order or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973.

(c) Administrative mechanism will be instituted for the prevention of misconduct, implementation of code of ethics, and removal of judges on such charges brought to its attention by any citizen through the proposed commission for appointment of Judges. (d) All special courts including anti-terrorism and accountability courts shall be abolished and such cases be tried in ordinary courts. Further to create a set of rules and procedures whereby, the arbitrary powers of the chief justices over the assignment of cases to various judges and the transfer of judges to various benches such powers shall be exercised by the Chief Justice and two senior most judges sitting together.

4. A Federal Constitutional Court will be set up to resolve constitutional issues, giving equal representation to each of the federating units, whose members may be judges or persons qualified to be judges of the Supreme Court, constituted for a six-year period. The Supreme and High Courts will hear regular civil and criminal cases. The appointment of judges shall be made in the same manner as for judges of higher judiciary.

5. The Concurrent List in the Constitution will be abolished. A new NFC award will be announced.

6. The reserved seats for women in the national and provincial assemblies will be allocated to the parties on the basis of the number of votes polled in the general elections by each party.

7. The strength of the Senate of Pakistan shall be increased to give representation to minorities in the Senate.

8. FATA shall be included in the NWFP province in consultation with them.

9. Northern Areas shall be developed by giving it a special status and further empowering the Northern Areas Legislative Council to provide people of Northern Areas access to justice and human rights.

10. Local bodies election will be held on party basis through provincial election commissions in respective provinces and constitutional protection will be given to the local bodies to make them autonomous and answerable to their respective assemblies as well as to the people through regular courts of law.

B. CODE OF CONDUCT

11. National Security Council will be abolished. Defence Cabinet Committee will be headed by prime minister and will have a permanent secretariat. The prime minister may appoint a federal security adviser to process intelligence reports for the prime minister. The efficacy of the higher defence and security structure, created two decades ago, will be reviewed. The Joint Services Command structure will be strengthened and made more effective and headed in rotation among the three services by law. 12. The ban on a ‘prime minister not being eligible for a third term of office’ will be abolished.

13. (a) Truth and Reconciliation Commission be established to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. The commission will also examine and report its findings on military coups and civil removals of governments from 1996.

(b) A commission shall also examine and identify the causes of and fix responsibility and make recommendations in the light thereof for incidences such as Kargil.

(c) Accountability of NAB and other Ehtesab operators to identify and hold accountable abuse of office by NAB operators through purgery and perversion of justice and violation of human rights since its establishment.

(d) To replace politically motivated NAB with an independent accountability commission, whose chairman shall be nominated by the prime minister in consultation with the leader of opposition and confirmed by a joint parliamentary committee with 50 per cent members from treasury benches and remaining 50 per cent from opposition parties in same manner as appointment of judges through transparent public hearing. The confirmed nominee shall meet the standard of political impartiality, judicial propriety, moderate views expressed through his judgements and would have not dealt.

14. The press and electronic media will be allowed its independence. Access to information will become law after parliamentary debate and public scrutiny.

15. The chairmen of public accounts committee in the national and provincial assemblies will be appointed by the leaders of opposition in the concerned assemblies.

16. An effective Nuclear Command and Control system under the Defence Cabinet Committee will be put in place to avoid any possibility of leakage or proliferation.

17. Peaceful relations with India and Afghanistan will be pursued without prejudice to outstanding disputes.

18. Kashmir dispute should be settled in accordance with the UN Resolutions and the aspirations of the people of Jammu and Kashmir.

19. Governance will be improved to help the common citizen, by giving access to quality social services like education, health, job generation, curbing price hike, combating illegal redundancies, and curbing lavish spendings in civil and military establishments as ostentious causes great resentment amongst the teeming millions. We pledge to promote and practice simplicity, at all levels.

20. Women, minorities, and the under privileged will be provided equal opportunities in all walks of life.

21. We will respect the electoral mandate of representative governments that accepts the due role of the opposition and declare neither shall undermine each other through extra constitutional ways.

22. We shall not join a military regime or any military sponsored government. No party shall solicit the support of military to come into power or to dislodge a democratic government.

23. To prevent corruption and floor crossing all votes for the Senate and indirect seats will be by open identifiable ballot. Those violating the party discipline in the poll shall stand disqualified by a letter from the parliamentary party leader to the concerned Speaker or the Chairman Senate with a copy to the Election Commission for notification purposes within 14 days of receipt of letter failing which it will be deemed to have been notified on the expiry of that period.

24. All military and judicial officers will be required to file annual assets and income declarations like Parliamentarians to make them accountable to the public.

25. National Democracy Commission shall be established to promote and develop a democratic culture in the country and provide assistance to political parties for capacity building on the basis of their seats in parliament in a transparent manner.

26. Terrorism and militancy are by-products of military dictatorship, negation of democracy, are strongly condemned, and will be vigorously confronted.

C. FREE AND FAIR ELECTIONS

27. There shall be an independent, autonomous, and impartial election commission. The prime minister shall in consultation with leader of opposition forward up to three names for each position of chief election commissioner, members of election commission, and secretary to joint parliamentary committee, constituted on the same pattern as for appointment of judges in superior judiciary, through transparent public hearing process. In case of no consensus, both prime minister and leader of opposition shall forward separate lists to the joint parliamentary committee for consideration. Provincial election commissioner shall be appointed on the same pattern by committees of respective provincial assemblies.

28. All contesting political parties will be ensured a level playing field in the elections by the release of all political prisoners and the unconditional return of all political exiles. Elections shall be open to all political parties and political personalities. The graduation requirement of eligibility which has led to corruption and fake degrees will be repealed.

29. Local bodies elections will be held within three months of the holding of general elections.

30. The concerned election authority shall suspend and appoint neutral administrators for all local bodies from the date of formation of a caretaker government for holding of general elections till the elections are held.

31. There shall be a neutral caretaker government to hold free, fair, and transparent elections. The members of the said government and their immediate relatives shall not contest elections.

D. CIVIL - MILITARY RELATIONS

32. The ISI, MI and other security agencies shall be accountable to the elected government through Prime Minister Sectt, Ministry of Defence, and Cabinet Division respectively. Their budgets will be approved by DCC after recommendations are prepared by the respective ministry. The political wings of all intelligence agencies will be disbanded. A committee will be formed to cut waste and bloat in the armed forces and security agencies in the interest of the defence and security of the country. All senior postings in these agencies shall be made with the approval of the government through respective ministry.

33. All indemnities and savings introduced by military regimes in the constitution shall be reviewed.

34. Defence budget shall be placed before the parliament for debate and approval.

35. Military land allotment and cantonment jurisdictions will come under the purview of defence ministry. A commission shall be set up to review, scrutinise, and examine the legitimacy of all such land allotment rules, regulations, and policies, along with all cases of state land allotment including those of military urban and agricultural land allotments since 12th October, 1999 to hold those accountable who have indulged in malpractices, profiteering, and favouritism.

36. Rules of business of the federal and provincial governments shall be reviewed to bring them in conformity with parliamentary form of government.

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