Sep 15, 2017

The reason of Nawaz Shareef disqualification to be considered in broad spectrum

While hearing the review petition by five judges bench in the Supreme Court [SC] of Pakistan - the petition filed by Senior Counselor Khawaja Haris representing Nawaz Sharif [NS] disqualification case.
The reason of Nawaz Shareef disqualification needs to see in broad spectrum that why he was disqualified?
a)  While holding the public office the premier had no permission to work either in overseas or even in his own country [Pakistan] i.e. two jobs at a time were not permissible as NS was already a public office employee or Chief Executive of the country - he had no right to cheat and fraud with the state by keeping his Dubai employment secret.
b) Not only dual job - being govt. servant personal business also was not permissible to run while holding public office
 c)  As it crops rather attracts ‘’conflict of interest’’ that stained the legitimacy of the position the premier was holding.

d) Being running a state business and parallel running personal business got an opportunity & possibility to use the power conferred to a premier

e)  A public office employee was not allowed to do another job simultaneously or at a time - by doing so he/ she broke the service rule and accountable before authority to clear his position.

f)   Being a govt. servant the employer could terminate his job and even could take punitive action either job termination or imprisonment or both charges could fix in case of breaching the standing instruction.

g) Even a govt. clerk or Time keeper working in central govt. department - In provincial or federal - restriction had the same procedure for not doing two jobs

h) If govt. employee committed this crime he fell under jurisprudence of cheat & hiding the information with the employer

i)    NS while holding public position as Prime Minister of Pakistan he was not authorized and eligible to work in overseas or in UAE simultaneously

j)   Does not matter if he was Chairman of his own business or that business was running by his son - as he was shown in AQAMA in professional column as Chairman - so he was a chairman in FZE company and that the reason he had a valid AQAMA for his ‘’Work permit or Residential permit’’ as UAE govt. gave its labors.

k)  The basic requirement of Labor ministry of UAE must be understood that for anyone who was employed in UAE/ Middle East he was hired through signing of ‘’Labor contract or employment contract’’ that validates the employee and employer status to move forward

l)    Job contract or contract of employment was submitted in ministry of labor & that contract enabled the employee to get access of govt. hospital functional in the region and financial matters in the country.
m)     AQAMA a permission to live in the country enabled the employee to get utility connections and could sign off real state contract for house/ flats in the country
n) AQMA signified visa status of the employee in the country which was embossed on individual passport, besides
 o) A plastic printed card known as ‘’work permit or residential permit [RP]’’ is issued by passport issuing department where at every stages RP such as opening account, auto loan, buying a car, for making driving license & its renewal, utility connection at home, applying for family visa or buying air line tickets & immigration clearance etc – without RP life is dead

p) If anyone got employment or recruited as Chairman of a company in Middle East - UAE - Saudi Arabia – Bahrain – Kuwait – Oman - Qatar he was supposed to sign a trail of documents for every single facility in govt. department or for employee own needs.
 q) To open bank account a confirmation letter from the employer is needed in favor of the employee authorizing him to open bank account in order to transfer monthly salary into his personal account

r)   Once salary is transferred in employee’s account whether it is withdrawn by the employee or not it becomes the property of the employee
The documents provided by the Joint Investigation Team (JIT) looking into the Sharif family's businesses show that Nawaz Sharif did receive salary as the chairman of Capital FZE, said the Supreme Court judges while hearing the review petition
s)  The reason of disqualification on July 28th court verdict; the salary which had not been withdrawn by NS was not mentioned as receivable while NS submitted nomination paper to  contest general election in 2013 with Election commission of Pakistan such ignorance opens a deliberate act, misled or avoided to mention or hid it or kept it omitted etc.
t)   So such error being a chief executive of Pakistan was not ignorable but fell a serious question that why NS did it?
 u) Further NS took oath as premier of Pakistan so once it had been finalized neither another employment in overseas was applicable nor running business in any form in overseas – such act fell under jurisprudence of law of the land and he was disqualified?

v)  Such act also fell into the constitutional clause of 62 & 63 and that’s the Judges of SC did as he [NS] proved himself a distrusted, not reliable where SADIQ & AMEEN clause crops.
Justice Ejaz Afzal said that the employment agreement stated that a salary of 10,000 DH had been set for Sharif.
"The JIT documents tell us that Sharif had an account to receive the salary," said Justice Ahsan, adding that according to the findings, [Sharif's] first salary was drawn on August 01, 2013.

w)      Whether NS withdrew his monthly salary or not – the basic clause of NS how he could withdraw the salary if he was the prime minister of Pakistan so he committed crime or broke the constitutional clause which negates the demand of honesty, loyalty and sincerity with the country being prime minister of Pakistan. 

Sep 13, 2017

National Accountability Bureau Chairman Qamar Zaman Chowdery has been confederate of criminals who looted national treasury

Role of National accountability bureau [NAB]’s Chairman Qamar Zaman Chowdery [QZC] has been subservient, submissive, prejudiced & biased while preparing references against Nawaz Shareef [NS] and family in Panama matters directed by Supreme court of Pakistan in its verdict given on July 28th2017

QZC extra-ordinary favoritism to NS and family has been exposed in media that how he is gone out of track protecting NS from the clutch of Accountability Court [AC].

Ignoring the importance and image of NAB, stigmatizing and damaging institutional credibility over his friendship for NS, he [QZC[ says ‘’If it had been in my capacity I would not have signed on references against Nawaz Shareef’’ said loudly in the NAB Executive Body meeting while preparing references for AC.

QZC also misled & gave false information to media stating that he served notices to Sharif family to appear before NAB court whereas in actuality there was no summons issued by NAB Chairman, media reported.
On July 28th 2017 in a landmark judgment in Panama matters, a five Judges Bench [constituted by Chief Justice of Pakistan] unanimously disqualified Nawaz Sharif and asking
[1]   NAB to file references against him - his sons Hsssan Nawaz Hussain Nawaz - daughter Maryam Nawaz relating to the Avenfield properties flats 16, 16-A, 17 and 17-A, Avenfield House, Park Lane, London UK and Son-in-law Captain (Retd.) Muhammad Safdar and Finance Minister Ishaq Dar too, emphasizing NAB Executive Board to file these references in the AC of Rawalpindi and Islamabad within six weeks from July 28.
[ii]  The court also ordered to file reference against Nawaz Shareef, Hussain and Hasan regarding M/s Azizia Steel Company and M/s Hill Metal Establishment.
[iii]  The court also asked NAB filing a reference against Ishaq Dar for possessing assets and funds beyond his known sources of income.
[iv]  The SC also ordered NAB to include in its proceedings all other persons, including Sheikh Saeed [nephew of Dar’s wife] Musa Ghani [son of a retired officer from London Stock Exchange] Kashif Masood Qazi [Nawaz’s friend] - Javaid Kiyani and National Bank of Pakistan President Saeed Ahmed who have any direct or indirect connection with the actions of Nawaz, Hussain, Hasan, Maryam and Dar leading to acquisition of assets and funds beyond their known sources of income.
[v[   A reference was also ordered against Nawaz, Hussain and Hasan regarding the companies mentioned in paragraph nine of the judgment in the Panama Papers case.
The court also gave NAB the option to file supplementary references if and when any other asset discovered later that also to be accounted.

And SC further declared that one of its Jurist would supervise the NAB process to prevent relapsing as the Judges sensed well the NAB Chairman QZC unfair practices that unmasked before the bench when Panama investigation were continue in Supreme court of Pakistan.
SC clarified that trial would complete its proceeding within six months & NS if found guilty would be imprisoned and his assets the four Park Lane flats in UK that allegedly he bought with ill-gotten gains would be forfeited, said SC verdict.
The landmark decision of Panama matters was announced by five member larger bench of the apex court. Justice Asif Saeed Khosa, Justice Gulzar Ahmad - Justice Ijaz Afzal - Justice Sheikh Azmat Saeed and Ijaz-ul-Ahsan were part of the bench.
The three member implementation bench of the apex court had reserved the decision on July 21.
On September 7, however NAB submitted four corruption references against Sharif family and Finance Minister Ishaq Dar in Islamabad’s Accountability Court [AC] but Qamar Zaman Chowdery [QZC] deliberately provided ‘’incomplete and irrelevant information to Accountability Court’’ [AC] in support of ‘’references’’ against Sharif & family, the judge however ordered the Registrar office to scrutinize the references until September 14.

NAB filed four corruption references – 12 Cartons full of documents from NAB’s regional offices were brought by the prosecution team amidst tight security for submitting them in Islamabad’s Accountability Court-I and II.
But soon after submission the papers in AC, TV news channels started coughing that AC registrar when went through the papers submitted by NAB found ‘’incomplete after initial scrutiny’’.
As per Registrar’s office there were several mistakes & discrepancies in the ‘’references’’ filed by NAB Chairman Qamar Zaman Chowdry [QZC], there were duplication, many pages having with the same reference twice, some important pages related with ‘’references’’ found missing, some were without number while some papers had no legion to the reference filed, said Register office.

Howbeit AC Judge Muhammad Bashir, directed the anti graft [watchdog] NAB to submit complete documents along with references. It was said that the AC Registrar had raised objections to the reference pertaining to M/s Azizia Steel Mills and directed NAB to submit additional documents in this regard.

NAB Chairman Qamar Zaman Chowdery [QC]  his fishy, leery and un-trusting behavior has been very obvious to every sensible person that how he had been hiding & conniving the corruption cases despite getting very prominent & blatant evidences that he could arrest the criminal and prosecute through Accountability court but he went through plea bargain mechanism and been closing the cases.
Though Supreme court of Pakistan noticed it and obstructed him for not to do ''plea bargain'' the ill practices instead to collect back the recovered amount and put it back deposited into national treasury from the defaulters. 

Here one of the plea bargain example extracted from one daily is quoted where NAB Charmian QZC how he machinated and colluded with the situation
Quote

The Supr­eme Court came down hard on National Accountability Bureau (NAB) chairman Qamar Zaman Chaudhry for entering into a plea bargain with former Balochistan finance secretary Mushtaq Raisani, who was found in possession of approximately Rs650 million in cash and 3.2kg in gold.

“Prima facie, NAB stepped beyond its jurisdiction by approving the plea bargain since the National Accountability Ordinance (NAO) does not sanction plea bargain on recovered amounts, but on money which was offered to it,” observed Justice Qazi Faez Isa, a member of a three-judge SC bench.
The bench, headed by Justice Dost Mohammad Khan, had taken up a bail plea of Mir Khalid Langov, former adviser to the Balochistan chief minister on finance, who was also arrested by NAB for his alleged involvement in the same corruption case - Langov, a co-accused, had approached the Supreme Court with the plea that though NAB released Raisani on bail after a plea bargain, he was still languishing in jail.
Under Section 25 of the NAO, the NAB chairman, with the approval of any accountability court, can order the release of an accused found guilty of corruption after he/she enters into a plea bargain or an agreement by returning the misappropriated money to the bureau.
Although NAB Prosecutor General Waqas Qadeer Dar was arguing the case, the court called Qamar Zaman Chaudhry — who was present in the courtroom — to the rostrum and inquired about his recommendation to grant Raisani a plea bargain, saying the way this provision had been exercised elicited doubts.
The prosecutor general clarified that the NAB chairman only approved the decision taken by the executive board in meetings, which were always presided over by the chairman.
But the court was bitter over the fact that the anti-corruption watchdog was affording concessions to a government functionary from whose custody a huge amount of stolen money was recovered.
The court asked Mr Dar to read Section 25 of the NAO, which requires the chairman to provide detailed reasons for granting a plea bargain, and deplored that the bureau did not want to follow the law. 
What were the peculiar circumstances that compelled NAB to allow a plea bargain in this case, the court asked the chairman and said this plea bargain could become the basis of a disciplinary action against him.
“Why does NAB always find it difficult to come out with the truth,” Justice Isa wondered. The bureau had, in fact, sold out the country, he said. 
Unquote
“This shows how honest the bureau is,” the court regretted.
Here in NS & family case, QZC reportedly refused to put their names in ECL [exit control list] and also did not arrest them. If according to QZC that NAB served them notices but they [NS & family] did not appear - if this was the case then NAB QZC could arrest them but avoided intentionally and designedly allowing them to flee from the country.
Its undue favor from QZC gave NS & family, facilitated, assisted, aided and enabled them to travel to London and then he [QZC] started working on ‘’references’’ against NS & family asked by SC.
Firstly NS spouse [Kulsom Nawaz] went London to operate her throat cancer that were scheduled to operate then NS followed her and gave the excuses that he would escort his wife as an attendant during surgery - whereas NS both son Hussain and Hassan Nawaz had already left the country just after Panama investigation judgment in SC on July 28 the very next day.
However, the ball is in the judges’ court now and they can order the arrest of the former prime minister NS and his children and even Dar because the NAB only allowed them to leave the country instead to put their names on ECL and even arrest them if they did not report to Accountability Court despite sending notices.
Again, during Panama paper judgment SC had remarked that Prime Minister Nawaz Sharif did not disclose the assets details of M/s FZE Company while filing nomination papers for the elections. SC bench ordered NAB to take action if anymore false documents come in the open.
A notification issued on August 1st stated that Chief Justice of Pakistan Saqib Nisar has nominated Justice Ijazul Ahsan as the monitoring judge to supervise and monitor implementation of the Supreme Court’s Panama Papers case judgment and oversee proceedings conducted by NAB and the accountability court.

Regarding biased attitude of NAB & FBR the judges’ frustration has been very much clear during Panama investigation in Supreme Court of Pakistan some remarks however is quoted below.

Is it our job to shake you out of your slumber?” Justice Ejaz Afzal Khan deplored with NAB Chairman - We are not asking you to go after people to arrest them but at least look into their cases,” Justice Khosa said

FBR Chairman Dr Mohammad Irshad also failed to meet the court’s expectations, leading Justice Khosa to tersely remark: “Thank you very much for not assisting the court.”

FBR Chairman told the court that the board only looked after tax matters, adding that it did not have a bilateral treaty with Panama a Caribbean tax haven.

Unequivocally it’s candid failure of the Institutions i.e. NAB & FBR did not follow up and take any action when the news busted in the media about premier and his family involvement in Panama cheats.

The court’s capable being perceived the whole scenario that how NAB & FBR did not play their due role - Justice Khan regretted that the court should have been disposing of a huge backlog of cases had the institutions done their jobs.

It is vivid that how the institutions have been paralyzed, deactivated or been dysfunctional - their integrity has been compromised instead to save the country they have become the part of corruption - mushroomed in the country and dismantled the state owned enterprises by their corrupt natured being accomplice.

Panama matter investigation started on Feb 21 and ended on July 28 five judges’ bench remarks for the negative performance of NAB & FBR that irritated the jurists they say;
That neither FBR nor NAB performed their jobs. "It has been a year and NAB did not initiate any investigation," said Justice Ijaz Afzal said. "Those who had been named in the Panama Papers should at least have been interrogated by NAB," Justice Azmat Saeed said. 
Chairmen National Accountability Bureau (NAB) and Federal Bureau of Revenue (FBR) presented themselves in the apex court. 
Chairman NAB submitted references related to the Sharif family in the Hudaibiya Paper Mills and Raiwind Estate cases in the Supreme Court. The two references were filed 17 years ago during the tenure of military dictator General (Retd) Pervez Musharraf.
During the proceedings Justice Asif Saeed Khosa asked FBR about its role in offshore companies.
The FBR chairman replied that he had contacted the Foreign Office over offshore companies named in the Panama Papers. He said he had sent notice to 343 people in September 2016, of which 52 people refused ownership, while 39 were not Pakistani citizens. He added that 92 individuals agreed to owning offshore companies while 12 individuals have passed away.
To this the judges remarked that the Foreign Office was situated at a distance of only 200 yards from the FBR office. "It took the FBR six months to cover a distance of 200 yards," Justice Azmat Saeed said. He further asked, what reply did he get when he sent notices to the Sharif family.
The FBR chairman replied that Maryam, Hassan and Hussain Nawaz had replied to the notice on 21 November 2016. Maryam had said she did not have any property abroad. She did not mention being trustee to any property either, he said. Meanwhile Hussain Nawaz replied that he had been living abroad since 2000.
The FBR chairman said that the FBR initiates action after tax returns are filed. Currently, Pakistan does not have any agreements over exchange of tax information with Panama, he added.
Justice Gulzar Ahmed asked the NAB Chairman Qamar Zaman Chaudhry what action his institution had taken over the Panama Papers.
The NAB chairman replied that he was aware of his duties. He said that in 2016 the case came in the Public Accounts Committee (PAC).
Justice Asif Saeed Khosa asked that in the PAC, NAB had maintained that investigation was not in its circle of authority.
The NAB Chairman correcting him says that he had maintained that NAB will initiate action after relevant authorities complete their formalities.
Justice Gulzar asked the NAB Chairman if anyone regulates NAB? The chairman replied that laws regulate NAB.
The Supreme Court of Pakistan (SCP) asked the federal government to explain whether the National Accountability Bureau (NAB) and the Federal Investigation Agency's (FIA) Anti-Corruption Wing share the same powers or not.
Justice Shaikh Azmat Saeed, part of the two-member bench hearing the case, said "NAB is facilitating corruption in the country" by allowing wrongdoers to opt for NAB's voluntary return scheme.
Earlier in October 2016, the apex court took suo moto notice and barred NAB from accepting offers of voluntary return on ill-gotten money by a wrongdoer under the National Accountability Ordinance (NAO) 1999.
It later issued notices to the Attorney General of Pakistan and the advocates general of the four provinces, among others, to explain why, as per NAB's remarks, "the provincial and federal governments did not take action against those who benefited from the voluntary return and plea bargain schemes under the NAB law".
Nawaz Shareef has maimed state owned institutions, he buys the institutional heads and even judiciary too, he has a lot of money where he breaks the efficiency and trust of people who repose on institutions and as such entity of different discipline goes dysfunctional, idle to perform and deliver to the people of Pakistan, Said Imran Khan opposition leader.

Generally NAB is known an anti-graft agency but it is not –it is a grafting agency where the word accountability has lost its essence, said Siraj ul Haq Jamat Islami chief.

It has been a bad luck for the country that whoever took the charge of NAB did not perform his duty honestly, sincerely and with loyalty, gave a severe loss to the Nation instead to nab and nail the criminals to book them for judicial enquiry - NAB did not do so but saved the criminals rather indulged and became accomplice instead to get the culprit ready for punitive action.

NAB disappointed not only common man of the country but Supreme court of Pakistan too who very categorically said that had the ''NAB taken action earlier we would not be hearing the Panama case on our table''.

Sep 2, 2017

KARACHI has been flooded with rainwater no machinery in KMC to rescue people

Heavy downpour submerged Karachi - it received 130 millimeters [5.11 inches] rainfall and within 3 days more than 30 lives lost.

The main hindrance is disposal of sewage & garbage that made Karachiites more dreaded and painful.

More than 30 people has lost their lives where the doctors of govt. hospital reported most of the deceased family did not allow to do postmortem but left hospital in haste with dead bodies so there were chances to get more deaths.

No machinery to drain rainwater – no boats to transport people stranded in flood water - no water suction pump to drain - no generator to operate the machine – no rescue team to meet the disaster neither from Sindh Govt. nor from Local govt. who is subordinated by Sindh govt.

Non availability of desired & workable equipment - no functional vehicle to rescue the drowning people & from swamped land to shift them at safer place & admit the flood victims in hospitals [timely] resulting more lives lost.

It’s a failure of Sindh govt. who avoids accepting Local Body Govt.[LBG] role in Metropolitan city Karachi – still does not release funds to make LBG active and functional 24/7 round the clock.

The machines and other equipment have been idle rather non-repairable due to its obsolete and weary status. Most of the equipment had been bought in 70s and 80s - The junk yard is full with outdated & fully depreciated machines - if timely repairing had been made we would have certainly some machine in hand to respond the situation to carry the waste matters to sewers instead to leave the city to swamp.

We need all basic machine and vehicles to cope over the crisis if erupted in the city. I have said so many times to Sindh Govt. to give us time to sit together to resolve the chronic issue that has clouded the department with people hatred but no solution at our end, said Mayor Karachi.

How to charge Sindh govt. for its failure who still has vengeance for not winning Local body election and giving hard time to Mayor Karachi who though wants to work but due to shortage of funds or blocking funds - unable to run the municipality/ metropolitan Karachi smoothly, said a family who had been stranded in flooded area and were sitting on the roof of their house in Surjani Town getting his household swamped in flood water.

Its Pakistan Army – Pakistan Navy – Pakistan Rangers & Ship building & National highway authority that came forward & rescued.

It is regretted that CM Sindh – Governor of Sindh were not in Karachi but in Saudi Arabia seeking God mercy - leaving its people to drown & die. 

Why this uncivilized and uncultured attitude of top executive running Sindh govt who were in loop that Karachi according to metrological forecast going to engulf with heavy rains with thunder and storm but instead keeping necessary arrangement in place they left for Hajj.

There is a consistent battle between CM Sindh & Mayor of Karachi.  Very old complaints against CM Sindh that he is not releasing fund to operate Karachi Municipal Corporation – all the department falls under Metropolitan business are idle and nearly has been dysfunctional having no fund at all to revitalize and its revival. 

There is unprofessional attitude on part of the Govt of Sindh] - CM Sindh, Minister Municipal and Mayor Karachi whose irresponsibility, talkativeness - non seriousness & blame game just mushroomed but in practicality the trio appeared unproductive & worthless.

The King of unplanned city CM & his cronies & Power less Mayor have no plan that how to tackle the crisis - how to resist rain disaster & improving road networks – releasing sanitary chocked lines and collecting waste & its dumping on daily basis instead leaving to pile and then jamming nulla resulting killing innocent lives for no reason

The crazy Pakistan people Party [PPP] busy in loot - making technique and mechanism that how to embezzle Sindh urban and rural budget and fraud in allocated funds meant for uplifting Karachi.

Busy in removing NAB existence in Sindh with the intention to save its MPA/ MNA who found involved in massive corruption – they either transferred funds in their wallet or shifted to their master Mr. Zadari in his personal account, said a sobbing mother who lost his younger son in leyari nulla – even not a single development works in Karachi is seen during its nine years tenure.

Situation of every municipal department is extremely worse – there is shortage of fire brigade, water boozer and snorkel to save human lives if there is a fire - efficient machine with number of efficient people is the need of the day to cope over the fire if breaks out.

There is no contingency plan available neither with Sind govt. nor local govt. to save its people either from fire or from flood. Govt. machinery has lost its trust.


Every department under Municipal Corporation needs new machine, new equipment to run efficiently – otherwise more disaster seems in conduit to hit Karachi once more.