ISB 09-03-2012_Layout 1 3/9/2012 6:12 AM Page 1
A woman chose Change in mindset to defend me must for gender in court, says Gilani equality: Fiza PAGE | 22
Sarkozy vows to bow out of politics if not re-elected
PAGE | 7
PAGE |16
Rs15.00 Vol II No 251 22 Pages Islamabad — Peshawar Edition
Friday, 9 March, 2012 Rabi-ul-Sani 14, 1433
Just write the letter, SC orders PM ISLAMABAD staff report
The Supreme Court (SC) on Thursday ordered Prime Minister Yousaf Raza Gilani to write a letter to Swiss authorities for reopening corruption cases against President Asif Ali Zardari without getting any advice and influence of the ongoing contempt proceedings, and submit a compliance report before the court on March 21. The court made it clear to the prime minister to implement paragraph 178 of the judgement passed by a 17-member SC bench on the National Reconciliation Ordinance (NRO) on December 16, 2009, as it was his responsibility to implement court orders. The SC also directed the prime minister to submit his written statement on March 19, or appear on March 21 to get his statement recorded. The court asked his lawyer Aitzaz Ahsen to conclude his arguments within a week after March 21. A seven-member special bench, comprising Justice Nasirul Mulk, Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed, held that contempt proceedings against the premier would continue in the meantime. The bench directed Attorney General Maulvi Anwarul Haq to convey court order to the prime minister, as Aitzaz was not appearing in the NRO case, but defending the premier in the contempt case. The court observed that it did not want to give its opinion instantly on the stance adopted by the prime minister over writing of letter to the Swiss authorities. At the onset of hearing, the attorney general cross examined the prime
minister’s former principal secretary and incumbent cabinet secretary, Nargis Sethi, who appeared as defence witness. To various questions asked by the attorney general, who is acting as prosecutor in the contempt case, during the cross examination, Sethi stated that two summaries had been sent to the prime minister by Law Ministry on May 21 and September 21, 2010, signed by then law secretary Aqil Mirza and then law minister Babar Awan respectively. She said the summaries were sent by then law minister Babar Awan. She said the opinion of former attorney general Anwar Mansoor Khan was also sent to the premier by the Law Ministry. She said the prime minister returned the first summary, terming it ‘not in accordance with the rules’, however at the same time, he told that the advice given and the stance taken in the summary be maintained. She said the other summary presented before the premier was in accordance with the rules, thus he issued orders over it. She added that she was well aware about the rules of business and her function was to produce/put up the summaries before the premier. She said every summary or any other thing else is sent to the prime minister through his principal secretary. During the cross examination, when the prime minister’s counsel tried to say something, the court stopped him, saying he would be heard on his turn. After cross examining Sethi, the attorney general stated that the written statement of the prime minister was now awaited. Aitzaz then said that he did not want to delay the matter, but his client had a very busy schedule from March 12 to 15. “Cross examination has been completed, so you conclude your defence,” the court asked Aitzaz, who replied that he reserved the right of defence in case new evidence comes in.
To a query, Aitzaz said his client wanted to submit a written statement in the matter. To another query, he said his client would either submit his written statement or personally appear before the court. During the hearing, Justice Asif Saeed Khan Khosa said if the prime minister gave a statement on oath, he could be cross examined. Aitzaz said such things could not remove him from his legal way. Meanwhile, during the hearing of NRO implementation case, the bench was informed that the National Accountability Bureau (NAB) had sought reply from the prime minister over the illegal appointment of Adnan Khawaja as the chairman of the Oil and Gas Development Company Limited (OGDCL). Shaiq Usmani, senior counsel for NAB chairman, told the court that Sethi, who appeared as prime minister’s defence witness before the bench, had stated in her statement that the appointment of Adnan Khawaja as OGDCL’s head was made by the prime minister. He said a reply had been sought from the prime minister on the statement of Sethi. To a court query, he said the reply was awaited. He said the enquiry against illegal appointment of Ahmad Riaz Sheikh, an NRO beneficiary, in the Federal Investigation Agency (FIA) had completed, and reference was being prepared. Dr Basit, counsel for Ahmad Riaz Sheikh, stated that he was “seeing seven judges sitting on the shoulders of NAB officers”. He said it seemed as if the president and prime minister were being involved through Ahmad Riaz Sheikh and Adnan Khawaja respectively. “It’s too much, don’t say like this,” Justice Nasirul Mulk said, and adjourned further proceedings until March 21.
Younis spills the beans ISLAMABAD
F
Masood rehMan
ORMER chief executive of defunct Mehran Bank, Younas Habib, on Thursday told the Supreme Court that under immense pressure of then president Ghulam Ishaq Khan and army chief Mirza Aslam Baig, he arranged Rs 1.48 billion of which Rs 340 million were distributed among politicians to influence the 1990 polls and rest was invested by intelligence agencies. He revealed this before a three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez, which was hearing a petition filed by Air Marshal (r) Asghar Khan some 16 years ago against distribution of millions of rupees of public money by the Inter-Services Intelligence (ISI) among anti-Pakistan People’s Party politicians to manipulate the 1990 election. The court then sought a detailed report from the Defence Ministry on ISI’s working from 1990 onwards, saying it would be kept secret in national interest. The court also directed then ISI chief Lt Gen (r) Asad Durrani, who appeared on notice, and then army chief Mirza Aslam Baig, who also appeared on notice, to reply to Habib’s statement today (Friday). To a court query about the details of the distributed amount, Habib, who appeared before the court on wheelchair, said he was unable to recall the event due to his weak memory, adding that he had submitted all relevant information through a written statement to the Federal Investigation Agency (FIA) in 1990. Submitting his reply in response to Habib’s statement, then ISI chief Lt Gen (r) Asad Durrani admitted depositing Rs 340 mil-
lion in various bank accounts of politicians. However, he tried to convince the court that the ISI had nothing to do with the money given to the politicians, upon which the chief justice observed that the bench would decide the case after hearing all parties. On the occasion, Habib tendered his apology for his wrongdoings with a plea for mercy. Submitting his written statement, Habib apprised the court that Gen Baig communicated the message of president Ishaq Khan to him to arrange Rs 350 million in 1990, adding that he (Habib) was taken into custody by the FIA for saying that it was impossible to arrange such a substantial amount. Habib informed the court that he was also forced by Roedad Khan to file a case against Asif Ali Zardari in 1990. Talking to reporters after the hearing, Habib said from the disbursed amount, MQM chief Altaf Hussain was given Rs 20 million, PML-N chief Nawaz Sharif Rs 3.5 million and his brother Shahbaz Sharif Rs 2.5 million, but he later told a private TV channel that Altaf Hussain had refused to take money from the ISI, while ISI directly paid money to Nawaz Sharif.