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Afshain Afzal
By Afshain Afzal
Pakistan has not yet fully come out of the shock of the 9 May attacks on the Pakistan Army’s installations by anti-state mob when another attack has taken place on its sovereignty and national integrity on 17 August 2023. This time Supreme Command of the Armed Forces of Pakistan, in a most helpless state, communicated the Pakistani nation through his official Twitter account, “As God is my witness, I did not sign Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 as I disagreed with these laws. I asked my staff to return the bills unsigned within the stipulated time to make them ineffective. I confirmed from them many times that whether they have been returned & was assured that they were. However, I have found out today that my staff undermined my will and command. As Allah knows all, He will forgive IA. But I ask forgiveness from those who will be effected.”
Media reports quote a tweet from the official account of Pakistan Head of State, President Arif Alvi claiming that he has not signed a bill moved by the National Assembly to the Senate and further referred to the standing committee of the Senate and returned back by the President within due time as he disagreed certain clauses with passing of the bill. The statement by President is sufficient that the amendment subject bill The Official Secret Act, 1923 has not become law. The matter apparently stands resolved but, irrespective of the fact whether the Official Secret Act has been passed or not, it is not so simple that the office of the President, our Parliamentarians and the Civil Servants associated with the affairs of the State can easily escape from the responsibility of such a great blunder at national level which has an international repercussion. One wonders if we are not forgetting that Official Secret Act is equally applicable to the President and all those working with him at his office.
According to the Gazette of Pakistan registered No M 302/ L7646, published on 18 August 2023, the Amendments in Official Secrets Act, 1923 (XIX of 1923) assented by the President with effect from 17th August 2023. However, the President of Pakistan denies having signed the amendments claiming. “I disagreed with these laws”. Hence, the bills carried bogus signatures of the President. If we peep into the legal framework, Article 75 of the Constitution allows a 10-day timeframe to return the bill to the Senate if he disagrees. The law minister claimed “the Official Secrets Act Bill was sent on 8 August 2023 while the president purposely delayed the assent.” However, the statements of Waqar Ahmed, Secretary to the President are quite clear and must be investigated by the Judicial Commission headed by the Chief Justice of Pakistan and comprise of senior judges of Supreme Court. According to Waqar Ahmed, ”The Official Secrets (Amendment) Bill, 2023, was received by the Presidency on 8 August 2023 after the official hours, so it was forwarded to the president on 9 August" and “Files related to the bill were not returned to the Secretary's office until 21 August 2023.” Since the bill was received after office hours and put to the President on 9 August so allowed 10-day timeframe to return the bill to the Senate if President disagrees starts from 9 August and expires after office hours on 19 August 2023. The fact cannot be denied that the Gazette of Pakistan refers, “Act of Majlis-e-Shoora (Parliament) deemed to have been assented by the President with effect from 17th August, 2023,” while the Act further to amend the Official Secrets Act, 1923 bears the date of 18 August 2023. Hence, a grave crime against sovereignty and integrity has been committed under Official Secret Act and must be investigated.
The President’s Secretariat issued a notification, "The services of Mr Waqar Ahmed, Secretary to the President, are no more required and are surrendered to the Establishment Division, immediately" to hush up the issue but we should not forget that the Official Secrets (Amendment) Act, 2023 as well as 1923, especially Clause (5) including sub-clause (b), (c) and (d) provides: (b) use of information in his possession for the benefit of any foreign power or in other manner prejudicial to safety of the state; (c) retain the sketch, plan, model, article, note, document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or willfully fails to comply with all directions issued by lawful authority with regard to return or disposal, and (d) fails to reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or password or information; he shall be guilty of an offense under this section. The Act also provides that those who are involved in the process are guilty of an offense under this definition which is imprisonment of which may exist.
It is important to comprehend that Article 243 of the Constitution of the Islamic Republic of Pakistan, 1973, provides, “The Federal Government shall have control and command of the Armed Forces and the Supreme Command of the Armed Forces shall vest in the President. On the other hand, if we recall, the Official Secrets (Amendment) Act, 2023, was pending before the Senate Standing Committee for a debate to pass the proposed amendments in the Official Secrets Act, 1923 (XIX of 1923). The bill has national as well as international repercussions and seems to have foreign agenda and interests, hence, it demands that it should be dealt with collective wisdom in the light of the Constitution of the Islamic Republic of Pakistan, 1973 and prevailing enforced laws and codes. It is time that the proposed Amendments should be declared null and void while Supreme Court must take suo motu action to save country from the crisis.
By Afshain Afzal
The recent sex and drugs scandal about claimed 5000 female students of a single Pakistani university has received attention in Pakistani and Indian media. No doubt, before every war or major operation psychological warfare against enemies, adversaries, and, rivals are launched to build popular opinion. Credit goes to many progressive-minded Pakistanis and their foreign associates, running highly lucrative Educational businesses in Pakistan, the tarnishing image of national institutions against the national interest. With the sole aim to eliminate Islamic ideology and spirit from Government educational institutions, the drama of sex scandal has been staged. Pakistani media and institutions have overreacted and tried to defame a Government or Public university, “Islamia University Bahawalpur” without looking into ground facts.
Islamia University Bahawalpur in Southern Punjab province began its journey as Jamia Abbasia in 1925, a religious university following the academic pursuits of Al-Azhar University in Egypt. Its existence is centuries before this date. Jamia Abbasia was upgraded to Jamia Islamia in 1963. In 1975, Jamia Abbasia was declared a general university and renamed as The Islamia University of Bahawalpur. Spread across 35,000 acres of land with a huge student population in five campuses; three in Bahawalpur as Abbasia Campus, and one each at Bahawalnagar and Rahim Yar Khan, the university offers more than 300 disciplines. A number of national and international agreements and Memorandum of Understandings were signed including Florida International University United States, Universiti Teknologi Mara Malaysia, and Sichuan Agriculture University of China for cooperation and collaboration in research activities and faculty exchange.
The much-propagated sex and drugs scandal emerged from the arrest of a male and female couple by Baghdadul Jadid police station, Bahawalpur. Police seized 10 grams of ice and aphrodisiacs from Car Syed Ijaz Husain Shah, Islamia University’s Chief Security Officer, a retired Major of the Pakistani Army. Police claimed that acting on intelligence-based information, the Station House Officer Abid Hamid of Baghdadul Jadid police station carried out an operation and recovered ice and aphrodisiacs along with a number of objectionable videos of officials and students of the university from Syed Ijaz Husain’s two mobile phones. These video clips contain downloaded clips from Internet pornographic websites and some of the clips inside and outside the University by security guards and CCTV cameras edited clips of the university, which one security guard claimed was for deterrence and to maintain students’ morals.
Interestingly, the District Police Officer had already disclosed a month back that local police had full knowledge in June 2023, about group of professors, senior officials and other influential holding different posts that they are involved in drug peddling, drug using, conducting dance/sex parties at different farm houses. The fact cannot be denied that as per Police, Professor Abou Bakar while going on a car with a morally corrupt female student was intercepted at Naka Bandi Point and 6 grams ice and three sexual pills were recovered from him upon which, FIR No.1014/23 dated 28 June 2023 was lodged, under Control of Narcotics Substance Act. It is strange that University treasurer Professor Abou Bakar was initially arrested on 28 June 2023 and his mobile phones contained WhatsApp chats and contacts of high ranking, senior officials and others, then what was fun freeing him and again arresting him, involving a Pakistan’s top university without substance. One wonders what connection Islamia University Bahawalpur has with these stray immoral criminals.
If it was the case of ice and aphrodisiacs, the Police record shows a number of incidents of ice recoveries including on 5 July 2023, when the same police station arrested an individual namely Arslan, and recovered 25 grams of Ice but it was not dramatized. Similarly, on 9 December 2021, the same police station recovered 1248 grams of crystal ice from Rizwan but the news covered hardly a single paragraph in a single website. However, this time the excellent work done by Pakistani Police has earned fame for Pakistan as a nation and has also been appreciated by Indian media including India Today which reported in its story, “Drugs, sexual exploitation of students, teachers unearthed at Pakistan university” claiming the University treasurer “confessed that he along with a group of other teachers would purchase and distribute drugs through students and arrange dance/sex parties”.
It is beyond comprehension that despite Islamia University Bahawalpur Vice Chancellor Professor Dr Azhar Mehboob immediate action and constitution of two inquiry committees to probe cases registered against the treasurer and chief security officers of the university as well as a Press Release by the University, bearing No 291/23 dated 21 July 2023 in which it was revealed that it is a campaign against the University while Vice Chancellor Professor Dr Azhar Mehboob is performing well, the National Assembly’s Standing Committee on Education, headed by MNA Makhdoom Syed Samiul Hassan Gilani started probing the matter; the university’s Vice Chancellor was summoned to its meeting on 24 July 2023, but he did not appear.
The drama of sex scandal has stayed to criminalize Islamia University's top-class performance. Ranking of Islamia University in the year 2021/ 2022 stood at 438 in UI Green Matric World University ranking, 653 as best global university in Asia, and 1746 in the world. It stood 1st in Pakistani universities in three Sustainable Development Goals, 3rd in “No Poverty”, and 5th in “Affordable and Clean Energy”. This year it was expected to get the top position in Pakistan. The Higher Education Commission (HEC) Chairman Dr Mukhtar Ahmed tried to lead the race and claimed international media was raising this issue and accordingly, a high-powered committee was being notified to investigate the matter while a special audit and performance audit of the Islamia University would be conducted in the near future. Without wasting time, the Punjab Higher Education Department secretary constituted a committee to probe the case registered against the chief security officer for “carrying/using the contraband substance” and purported recovery of objectionable material from his cell phone. Meanwhile, a petition has been filed before the Human Rights Cell of the Supreme Court of Pakistan, urging the court to take suo-motu action and establish a judicial commission to investigate a disturbing incident at Islamia University Bahawalpur. Representing the affected students and urging them to find their voices and stand against such heinous characters.
Chairman HEC revealed this month that there were 253 universities, both public and private in the country. The announcement by the worthy Chairman that a special audit and performance audit of the Islamia University Bahawalpur would be conducted in the near future is surprising as the people of Pakistan under Article 19-A of the Constitution, “Right of Access to Information Act, 2017”, have the right to see the special audit and performance audit of all 253 universities on the official websites of all the official websites of Higher Education Departments in the provinces as well as Higher Education Commission. More so, it has been confirmed during investigations that the University treasurer, Chief Security Officer, and others in this criminal network have close relatives and contacts in India. As Federal Public Service Commission is the sole authority to appoint Government Servants including all public educational institutions, why their vetting and security clearance is not carried out? No doubt, if the state guarantees the privacy and dignity of every man and woman, then why permission for security guards and CCTV cameras inside educational institutions?
By Afshain Afzal
The recent sex and drugs scandal about claimed 5000 female students of a single Pakistani university has received attention in Pakistani and Indian media. No doubt, before every war or major operation psychological warfare against enemies, adversaries, and, rivals are launched to build popular opinion. Credit goes to many progressive-minded Pakistanis and their foreign associates, running highly lucrative Educational businesses in Pakistan, the tarnishing image of national institutions against the national interest. With the sole aim to eliminate Islamic ideology and spirit from Government educational institutions, the drama of sex scandal has been staged. Pakistani media and institutions have overreacted and tried to defame a Government or Public university, “Islamia University Bahawalpur” without looking into ground facts.
Islamia University Bahawalpur in Southern Punjab province began its journey as Jamia Abbasia in 1925, a religious university following the academic pursuits of Al-Azhar University in Egypt. Its existence is centuries before this date. Jamia Abbasia was upgraded to Jamia Islamia in 1963. In 1975, Jamia Abbasia was declared a general university and renamed as The Islamia University of Bahawalpur. Spread across 35,000 acres of land with a huge student population in five campuses; three in Bahawalpur as Abbasia Campus, and one each at Bahawalnagar and Rahim Yar Khan, the university offers more than 300 disciplines. A number of national and international agreements and Memorandum of Understandings were signed including Florida International University United States, Universiti Teknologi Mara Malaysia, and Sichuan Agriculture University of China for cooperation and collaboration in research activities and faculty exchange.
The much-propagated sex and drugs scandal emerged from the arrest of a male and female couple by Baghdadul Jadid police station, Bahawalpur. Police seized 10 grams of ice and aphrodisiacs from Car Syed Ijaz Husain Shah, Islamia University’s Chief Security Officer, a retired Major of the Pakistani Army. Police claimed that acting on intelligence-based information, the Station House Officer Abid Hamid of Baghdadul Jadid police station carried out an operation and recovered ice and aphrodisiacs along with a number of objectionable videos of officials and students of the university from Syed Ijaz Husain’s two mobile phones. These video clips contain downloaded clips from Internet pornographic websites and some of the clips inside and outside the University by security guards and CCTV cameras edited clips of the university, which one security guard claimed was for deterrence and to maintain students’ morals.
Interestingly, the District Police Officer had already disclosed a month back that local police had full knowledge in June 2023, about group of professors, senior officials and other influential holding different posts that they are involved in drug peddling, drug using, conducting dance/sex parties at different farm houses. The fact cannot be denied that as per Police, Professor Abou Bakar while going on a car with a morally corrupt female student was intercepted at Naka Bandi Point and 6 grams ice and three sexual pills were recovered from him upon which, FIR No.1014/23 dated 28 June 2023 was lodged, under Control of Narcotics Substance Act. It is strange that University treasurer Professor Abou Bakar was initially arrested on 28 June 2023 and his mobile phones contained WhatsApp chats and contacts of high ranking, senior officials and others, then what was fun freeing him and again arresting him, involving a Pakistan’s top university without substance. One wonders what connection Islamia University Bahawalpur has with these stray immoral criminals.
If it was the case of ice and aphrodisiacs, the Police record shows a number of incidents of ice recoveries including on 5 July 2023, when the same police station arrested an individual namely Arslan, and recovered 25 grams of Ice but it was not dramatized. Similarly, on 9 December 2021, the same police station recovered 1248 grams of crystal ice from Rizwan but the news covered hardly a single paragraph in a single website. However, this time the excellent work done by Pakistani Police has earned fame for Pakistan as a nation and has also been appreciated by Indian media including India Today which reported in its story, “Drugs, sexual exploitation of students, teachers unearthed at Pakistan university” claiming the University treasurer “confessed that he along with a group of other teachers would purchase and distribute drugs through students and arrange dance/sex parties”.
It is beyond comprehension that despite Islamia University Bahawalpur Vice Chancellor Professor Dr Azhar Mehboob immediate action and constitution of two inquiry committees to probe cases registered against the treasurer and chief security officers of the university as well as a Press Release by the University, bearing No 291/23 dated 21 July 2023 in which it was revealed that it is a campaign against the University while Vice Chancellor Professor Dr Azhar Mehboob is performing well, the National Assembly’s Standing Committee on Education, headed by MNA Makhdoom Syed Samiul Hassan Gilani started probing the matter; the university’s Vice Chancellor was summoned to its meeting on 24 July 2023, but he did not appear.
The drama of sex scandal has stayed to criminalize Islamia University's top-class performance. Ranking of Islamia University in the year 2021/ 2022 stood at 438 in UI Green Matric World University ranking, 653 as best global university in Asia, and 1746 in the world. It stood 1st in Pakistani universities in three Sustainable Development Goals, 3rd in “No Poverty”, and 5th in “Affordable and Clean Energy”. This year it was expected to get the top position in Pakistan. The Higher Education Commission (HEC) Chairman Dr Mukhtar Ahmed tried to lead the race and claimed international media was raising this issue and accordingly, a high-powered committee was being notified to investigate the matter while a special audit and performance audit of the Islamia University would be conducted in the near future. Without wasting time, the Punjab Higher Education Department secretary constituted a committee to probe the case registered against the chief security officer for “carrying/using the contraband substance” and purported recovery of objectionable material from his cell phone. Meanwhile, a petition has been filed before the Human Rights Cell of the Supreme Court of Pakistan, urging the court to take suo-motu action and establish a judicial commission to investigate a disturbing incident at Islamia University Bahawalpur. Representing the affected students and urging them to find their voices and stand against such heinous characters.
Chairman HEC revealed this month that there were 253 universities, both public and private in the country. The announcement by the worthy Chairman that a special audit and performance audit of the Islamia University Bahawalpur would be conducted in the near future is surprising as the people of Pakistan under Article 19-A of the Constitution, “Right of Access to Information Act, 2017”, have the right to see the special audit and performance audit of all 253 universities on the official websites of all the official websites of Higher Education Departments in the provinces as well as Higher Education Commission. More so, it has been confirmed during investigations that the University treasurer, Chief Security Officer, and others in this criminal network have close relatives and contacts in India. As Federal Public Service Commission is the sole authority to appoint Government Servants including all public educational institutions, why their vetting and security clearance is not carried out? No doubt, if the state guarantees the privacy and dignity of every man and woman, then why permission for security guards and CCTV cameras inside educational institutions?
By Afshain Afzal
Official Spokesperson of Pakistan Army, Director General Inter-Services Public Relations Major General Ahmad Sharif Chaudhry at a press conference on Monday, 26 June 2023, disclosed that Pakistan Army completed two departmental inquiries under the President-ship of two Major Generals. The worthy General, without mentioning names and appointments of criminal officers revealed that over 200 military installation were attacked and in a self accountability process, that in the process, 3 officers including a Lieutenant General were dismissed from service, 15 officers including 2 Major Generals and 7 Brigadiers were punished for strict disciplinary action while a retired four Star General’s niece, his son in law, a retired Three Star General’s wife and a retired 2 Star’s wife and his son in law are under trial.
If we recall, in the second week of June 2023, the National Security Committee (NSC) had given green signal to the decision of the corps commanders to try the anti-state elements who were involved in causing dent to national sovereignty and integrity, degrading our Armed Forces and security and prestige of sensitive installations on 9 May 2023. However, probably by mistakenly, Major General Ahmad Sharif Chaudhry mentioned that Civil Courts have allowed Pakistan Army to carry out trial of 102 terrorists under Army Act Standing Army Courts. This was part of 13619 small, or big intelligence based operations in which 1172 terrorists were killed or arrested. He added that in 77 Joint Operations carried out this year, 59 officer and Jawans were martyred. No dout, this had no relevance or connection with 9 May’s breaches of security and injuring the reputation of Pakistan.
The Pakistan Section 2 of Army Act, 1952, Act XXXIX of 1952, "(iii) claiming or are known to belong to any terrorist group or organization using the name of religion or a sect; and (a) raise arms or wage war against Pakistan, or attack the Armed Forces of Pakistan or law enforcement agencies, or attack any civil or military installations in Pakistan; and (e) provide or receive funding from any foreign or local source for the illegal activities under this clause. The question arises that there were thousands of people in each city who voiced against Pakistan Army and damaged image of Pakistan after violation Section 141 “Unlawful assembly” of Pakistan Penal Code and Section 129 “Use of military force”, 131 A “Power to use military force for public security and maintenance of law and order”of Code of Criminal Procedure 1898.
After Criminal Law Amendment Bill 2022 and changes in Pakistan Penal Code and Code of Criminal Procedure 1898 to take action against those who intentionally ridicule armed forces, Section 500-A states: “Punishment for intentional ridiculing of the Armed Forces etc. Whosoever intentionally ridicules, brings into disrepute or defames the Armed Forces of Pakistan or a member thereof, he shall be guilty of offence punishable with imprisonment for a term which may extend to two years, or fine which may extend to five hundred thousand rupees, or with both.”
The Army Act, 1952, Act XXXIX of 195 provides, “The Federal Government shall have the power to transfer any proceedings in respect of any person who is accused of any offence falling under sub-clause (iii) or sub-clause (iv) of clause (d) of sub-section (1), pending in any court for a trial under this Act.”
In the Press Conference of 26 June 2023, Major General Ahmad Sharif Chaudhry said that the plot was in progress since months and after 9 May incident these violent groups tarnished the image of Pakistan Army in which social media inside Pakistan and abroad was used. Under the Official Secret Act, Army Act, 1952, Pakistan Penal Code 1960, Code of Criminal Procedure 1898 and other laws those behind 9 May incident were criminals and terrorists. It is high time media campaign may be initiated to collect the pictures and voice recordings of all the criminals involved in 9th May terrorism. And irrespective that they are from influential families, high-ranking serving or retired officers or their sons and daughters, they must be given exemplary punishment. More so, vetting of the Armed Forces and Civil Servants must be revamped so that such anti-state elements cannot get inducted in services of Pakistan.
By Afshain Afzal
Aftermath, the National Security Committee endorsed of 15th May Corps Commander Conference's decision to try the perpetrators of the violent attacks under the Army Act and Official Secrets Act, Islamabad actions are seen with concern as regard to upholding fundamental rights. If we recall, Special Corps Commanders’ Conference chaired by Chief of Army Staff General Syed Asim Munir firmly resolved to hold the abettors, planners, and miscreants involved in attacks on military and public property accountable under the Army Act and the Official Secret Act. It is not wise to comment on the current situation at this juncture as everyone knows the half-hidden – half-exposed hands are running the show and now bent upon to internationalize the issue to give favour to a particular political party and put all blame on Pakistan Armed Forces and Law enforcement agencies.
Earlier, in a dramatized script by handful of individuals to give an impression that whole nation is against Armed Forces of Pakistan and bent upon attacking military and law enforcement installations miserably failed. As the matter died down a new issue was raised on Imran Khan’s arrest. Many official statements did not match each other but why ignored? Who ordered Rangers to arrest Imran Khan has still been not made public, what to talk about giving free passage for trespassers in GHQ, Corps Commander’s residence and carrying out arson at various places. The intervention by Judiciary also could not help moving to next episode of the written script. Now no one in the “Civil Power” knows how Article 245 has been invoked and who requisitioned Armed Forces in aid to civil power. One wonders even if the Army has been called in by Federal Government under Article 245, which has not been claimed, how the letter issued by Ministry of Interior, Islamabad got approval requesting Armed Forces under Section 4 (3) ii) of Anti Terrorism Act, 1997? And how official letters by Punjab and Khyber Pakhtunkhwa’s provincial governments along with two separate replies by Ministry of Interior have been leaked to media and made public on the same day?
The symbolic incidents of violence occurred throughout the country on 9th May but request for requisition of Armed Forces in aid to civil power by the Federal Government seems overdoing. One wonders when forces of Ministry of Interior including Frontier Constabulary and Rangers were already deployed in all the province and federal capital, why Armed Forces were requisitioned? Interestingly, letter from the provinces of Sindh and Balochistan are missing and so is the case of their replies, which apparently reflect that they have not requisitioned Armed Forces. It is quite disappointing that the constitutional provisions in Article 245, Rule of Business and other laws have not been followed in true letter and spirit. The makeshift measures and lack of coordination between various departments and Federal Government is highly disappointing. If the current violations are allowed to go unchecked, on foresee a potential war between Federal Government and Provinces over the issues how to requisition/ de-requisition forces in aid to civil power, strength/ deployment of these forces.
In a systematic move, arrests are being made to give further popularity to those who challenged the writ of government and pardoned on mere assurance without trial. First Information Report (FIR-708/23), lodged under 10 criminal sections including 7 ATA, 353/341/440/441 PPC with the Police station in Rawalpindi, Lahore etc have been ignored and in a unique way instead to punishing the culprits under prevailing law, they are pardoned after confessing their crimes and chanting slogan Pak Fauj Zindabad, Pakistan Paiendaabad. Interestingly itut still it is unclear under which law they are being released. One wonders why a separate yardstick is followed for people of Balochistan and erstwhile Tribal Area of Pakistan.
We cannot ignore that Fundamental Rights or Human Rights ensured in the Constitution of Islamic Republic of Pakistan and these must be extended to all citizens of Pakistan. However, criminals and terrorists must be dealt with an iron hand. What intentional flaw has been committed here that Pakistan’s Constitution is protecting terrorists and criminals in political parties, which would have dire repercussions in the future. More so, The Anti-Terrorism Act, 1997 (XXVII of 1997) permits requisition by provincial Governments to secure the presence of armed forces and civil armed forces in any area for the prevention and punishment of terrorists and scheduled offences in accordance with the provisions of this Act. But everyone would appreciate that Anti-Terrorism Act does not fit in the 9 May case.
No doubt, it is not within the mandate of Law Enforcement agencies including Armed Forces as highlighted in the 15th May declaration; to develop national consensus amongst all stakeholders to address ongoing political instability and strengthen democratic process. Nor we should allow institutions to play the role of several Ministries at the same time as Ministry of Interior cannot allow Armed Forces to derequisition Armed Forces in aid to civil power after mutual consultation of both the Provincial Governments and MO Directorate of Pakistan Army, as highlighted in the authorization letter by Ministry of Interior dated 10 May 2023. It is high time to act constitutionally, preserve democracy and human rights but use an iron hand to defeat criminals and terrorists by bringing new amendments in the Constitution.
By Afshain Afzal
Chief Justice Supreme Court of Pakistan, Justice Umar Ata Bandial has summoned a meeting of the Judicial Commission of Pakistan (JCP) on 15 May 2023 to appoint the permanent Chief Justice of Federal Shariat Court. It is being claimed that Justice (Retired) Iqbal Hamidur Rehman will be nominated as the permanent Chief Justice of Federal Shariat Court. Justice Iqbal Hamidur Rehman was born in Dacca, former East Pakistan and remained as Chief Justice Islamabad High Court from January 2011 to February 2013, tendered resignation as Judge of Supreme Court of Pakistan on 24 October 2016, as he was accused of making illegal appointments in the Islamabad High Court (IHC) and few other issues. Important case by Justice Iqbal Hamidur Rehman included; Gojra incident of 2009, certain members of the Christian Community was burnt alive by a mob. Justice Iqbal Hameedur Rahman was entrusted with One Man Tribunal of Inquiry in respect of Gojra he not only tried to stop communal violence but also submitted objective guidelines for the protection of the rights of minorities in Pakistan.
As Chief Justice he also decided Rimsha Masih daughter of Mizrik Masiah resident of Maira Jaffer Vs. Station House Officer, Police Station Ramna etc in which F.I.R. No.303 under 295-8 P.P.C dated 16 August 2012 under Section 295-8 P.P.C. registered at Police Station Ramna, Islamabad was quashed. He also played controversial in Asia Bibi case in which she was accused of blasphemy. The hearing was adjourned because Justice Iqbal Hameed-ur-Rahman, one of the three judges to hear the case, recused himself from the bench on the day of the hearing because of a “conflict of interest”. The cause list was issued a week earlier he delayed till day of hearing, leaving no alternative for some other arrangements. This allowed a lot of negative propaganda against Pakistan by Iranian national Sam Zarifi, who was International Court of Justice’s Asia Director.
Originally, a Behari origin father of Justice Iqbal Hameed-ur-Rahman was famous Justice Hamood ur Rahman, who was appointed as as Advocate General of East Pakistan in 1953, from where he was elevated as judge of the Dhaka High Court in 1954. Parents of Justice Hamood ur Rehman originally belonged to Patna, India and migrated to East Pakistan much after partition of India and Pakistan. He remained as the Vice Chancellor of University of Dacca (1958–60) and also appointed as judge of the Supreme Court of Pakistan in 1960 from where he was elevated as the Chief Justice of Pakistan in 1968. Justice Hamoodur Rahman was author of Commission Report, which inquired into the circumstances leading to the breakup of Pakistan in 1971. Because of his anti military and anti-Pakistan report, he was chosen as member United Nations Committee on Crime Prevention and Control (1972–73) and Chairman of the Council of Islamic Ideology (1974–77).
The position of Chief Justice Federal Shariat Court, Islamabad is vacant since long. Presently, the Court is run by Justice Dr. Syed Muhammad Anwer, who was appointed as Aalim Judge Federal Shariat Court of Pakistan on 21 may 2020, and is Acting Chief Justice Federal Shariat Court of Pakistan since his appointment on 16 May 2022. The law allows the senior-most Judge to be appointed as Chief Justice. Keeping the national interests in view, general public is questioning the nomination of Justice Iqbal Hamidur Rehman as Chief Justice. One wonders if this is the case why a retired Judge is being nominated who resigned over a controversy and had controversial background.
By Afshain Afzal
Over the arrest of Chairman Tehrik-e-Insaf Party (PTI) Imran Ahmed Khan Naizi, who is a former Pakistani Prime Minister, by National Accountability Authority (NAB) on 9 May 2023, protests damaged and set on fire “Jinnah House” under occupation of Pakistan Army’s Commander 4 Corps, located at Lahore Cantonment. The arsonists deliberately set founder of Pakistan’s house on fire, as a fraud to grab property of Quaid-e-Azam. Such frauds are in progress everywhere in the country. The protesters also entered the Main gate of Army Hockey Stadium on Mall Road, Rawalpindi, which is about 500 meters from Gates of Pakistan Army’s General Headquarters (GHQ). It is being referred by media as if protesters entered GHQ was unattended when protesters entered the gate. No doubt, Pakistan Army is strong enough to guard its installations as well as frontiers of Pakistan but certain black sheep inch wards of Army officers are part of this conspiracy.
Interestingly, the “Jinnah House”, which is occupied by Commander 4 Corps at Lahore is personal property of founder of Pakistan, Quaid-e-Azam Mohammad Ali Jinnah. The Revenue record also confirms that Quaid-e-Azam Mohammad Ali Jinnah was owner of House No 53 and 54, Lahore Cantonment. Documentary evidence reflect that the House was acquired by the British under Acquisition Act 1892 from Quaid-e-Azam but in 1946, Quaid-e-Azam wrote a letter to British Military authorities at Lahore to de-hire house. The British authorities requested to allow certain repairs for renovation before it could be returned. The cunning British officers got re-evaluated this huge house and got its tax increased to manifold. Before the partition, the British Army returned the house to Quaid-e-Azam.
It is totally misleading that the Corps Commander House was requisitioned by the British Army from them, the Pakistan Army reasserted control over the property, offering a monthly rent of Rs 500 and since then, the property serves as the official residence for the Corps Commander of Lahore. The version of Revenue authorities is also misleading that the official record shows that Quaid-i-Azam Muhammad Ali Jinnah had purchased the property in 1943 when the house was already under the British army’s use. No doubt, all the properties of Quaid-e-Azam and his belongings are national heritage and no one has the right to occupy it or claim its owners. Another misleading and attempt of forgery is that an official letter written by the Lahore cantonment Executive Officer to the Secretary Punjab Board of Revenue reflect that Jinnah House, which was originally taken over by the British army, was returned to the Quaid-i-Azam’s representative after his death. However later, it was again taken over by the Ministry of Defence and continues to be in military’s use.
Quaid-e-Azam had also a huge house at Mount Pleasant Road, Malabar Hill, Bombay, measuring area of 2.5 acres, which after partition went under Indian government's ownership. In March 2017, Bharatiya Janata Party (BJP) lawmaker, Mangal Prabhat Lodha, demanded that a residence owned by Mohammad Ali Jinnah in Mumbai be demolished and that a cultural centre be built in its place. He said, "Jinnah House is a symbol of the partition. The structure should be demolished." As per the reports Quaid-e-Azam had also huge properties in Walton Cantonment, Lahore and Karachi. His family being successful businessmen of first class, Quaid-e-Azam had also huge properties in Kenya and South Africa. But the greedy land grabbers are after his properties as well as properties of Madar-e-Millat Fatima Jinnah. It is high time that National Accountability Authority and Supreme Court of Pakistan must take immediate action as the arson at Corps Commander House at Lahore was deliberate with mala-fides intensions. One wonders what India could not do to the property of Quaid-e-Azam in Mumbai, Pakistani Indian agents did this in Lahore and are glorifying their crime.--
By Afshain Afzal
The history of medical colleges in Balochistan takes back us to 1952 when Amin-ud-Din Medical School was started in Balochistan. It worked for seven years and was closed as a matter of policy when it was felt that this category of Doctors were no more required and instead it was decided that more medical colleges to be opened to train fully qualified doctors in the country, at the level of MBBS and beyond. Balochistan got the status of a separate Province in 1970 and accordingly, in 1972, the Government of Pakistan formally decided to set-up a Medical College at Quetta and agreed to run it as a Federally Funded Project. For the admission in educational institution in the provinces of Pakistan, holding domicile of that province was a prerequisite. An affidavit duly attested by a 1st Class Magistrate to the effect that the candidate or his/her father / mother is in possession of only domicile certificate of that province otherwise, he/ she shall not be considered for admission. In addition, the Government notification allowed 20 additional marks to those who have successfully completed National Cadet Corps and or certified Hifz-e-Quran.
Pakistan Medical and Dental Council under sub-section (2) of section 33 of the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962), issued regulations, the ‘MBBS and BDS (Admissions, House job and Internship) Regulations, 2018’, amended on 30th May, 2019, which is now applicable to all recognized medical and dental institutions, hospitals and institutions and all admissions into their MBBS and BDS courses. The regulation allows all those having completed their last two years of schooling from abroad in taking admission in MBBS or BDS courses against open merit or foreign quota seat in any public or private institution of Pakistan. In case of those applying foreign seats quota, National University of Modern Languages (NUML) has be made sole authority to certify their proficiency in English while National University of Medical Sciences (NUMS) will be ‘Admitting University’ responsible for the military medical and military dental constituent/ affiliated colleges that are attached with military teaching hospitals. The regulation allows private medical and dental institutions to admit students on foreign seats quota upto fifteen percent of their total annual seats allocated by the Council purely on merit. The above regulation is in violation of PMC Medical and Dental Undergraduates Education Regulations 2021 (amended) which has defined foreign and Pakistani students in Section 2 (e) “foreign students means a student who is not a Pakistani national and holds only a foreign nationality: 2 (i) Pakistani student means a student who is a Pakistani national or defined as Overseas Pakistani and may hold dual nationality…
The same regulation provides that a Hafiz-e-Quran certified as such by the appropriate body/authority shall be entitled to addition of twenty marks to his marks obtained in HSSC or, as the case may be, F.Sc / equivalent, provided he/she passes Hifz-e-Quran test conducted by the Admitting University for the purpose of these regulations. However, this is not being followed. A medical college and institute of dentistry, recognized by Pakistan Medical and Dental Council announcing admission for MBBS and BDS set criteria of F.Sc. / qualification equivalent to F.Sc. from a foreign university or foreign education system with a minimum of 70% marks in aggregate (without marks of NCC or Hifz-e-Quran). Many Baloch are still ignorant what has been done to the future generation through series of policy changes. We cannot allow these changes to go unchecked.
On 9 January 2022, Supreme Court of Pakistan issued notices to the Pakistan Medical Commission and others to submit replies on a court query as to why an additional 20 marks should be given to students applying to medical colleges and universities on the basis of their being Hafiz-e-Quran for admission purposes. The Supreme Court issued notice on the basis of petition filed by a girl student against denial of admission in the Bolan University of Medical and Health Sciences, Quetta. It was clarified that allocation of 20 marks to Hafiz-e-Quran candidates for MBBS/BDS admission is under Regulation 9(9) of the MBBS and BDS (Admissions, House Job, and Internship) Regulations, 2018.
In 2012, a Christian student, Haroon applied for admission in MBBS in The University of Health Sciences and claimed 20 additional marks awarded to Hafiz-e-Quran but was not entertained and could not be selected. Haroon was critical to award of 20 additional marks to Muslims Hafiz-e-Quran. In the same regard, Church of Pakistan and Bishop of Islamabad on the behalf of Haroon approached The University of Health Sciences and Punjab’s education minister, stating that Haroon’s religious education is at par with any Islamic education. But they were not heard. In the recent past, Minister of State for Climate Change Zartaj Gul announced in June 2021 that in order to integrate the youth of the country in the Prime Minister’s Ten Billion Tree Tsunami plantation project, a special legislation allowing 20 additional marks on planting 20 trees during their studies was underway.
Later, another candidate challenged the award of 20 marks to Hafiz-e-Quarn filed a petition in Supreme Court of Pakistan. In January 2021, a bench led by Justice Isa while hearing a matter had questioned the grant of additional 20 marks to Hafiz-e-Quran students. The apex court on 8 January 2022, had dismissed the petition but decided to hold a separate hearing to discuss the matter in order to sought clarity on the issue. Justice inquired, “Whether the memorization of the Holy Quran is relevant criteria for determination of the candidates for an MBBS or BDS degree needs consideration.”, “Whether regulation 9 (9) of the Regulations confirms with Article 25 of the Constitution of Islamic Republic of Pakistan” “How are admissions into medical and other colleges linked to being a Hafiz-e-Quran? Why should 20 marks extra be given on this basis?” “We believe that memorizing the Quran is sacred. And it is a plus point when someone wants to become the imam of a mosque or a religious lecturer but how can a Hafiz-e-Quran be a better doctor?”
On 30 March, Justice Isa, along with Justice Aminuddin Khan and Justice Shahid Waheed, constituted a three-member bench that issued a majority order of 2-1 in a suo moto case involving the allocation of 20 marks to Hafiz-e-Quran candidates for MBBS/BDS admission. The bench ordered the suspension of cases heard under Article 184(3) of the Constitution until changes were made to the Supreme Court Rules 1980 concerning the Chief Justice of Pakistan’s discretionary powers to establish benches. Supreme Court of Pakistan’s (SCP) established six-member bench which examined Justice Qazi Faez Isa’s ruling freezing all suo moto notices and disposed of the matter after hearing.
Honourable Supreme Court of Pakistan dated 4 April 2023 on Suo Moto Case No. 04 of 2022 (Grant of additional 20 marks to Hafiz-Quran while admission in MBBS/BDS under Regulation 9 (9) of MBBS and BDS (Admission house jobs and internship) Regulations, 2018, is unique in nature and seems to be a case of ‘Judicial Review’ due to an oversight. The decision of honourable larger bench is based on misleading stance taken by the Pakistan Medical and Dental Council’s report that “the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 and amended in 2019 which allowed grant of 20 additional marks for Hafiz e Quran for admission in Medical and Dental Colleges are not in force and the current Regulations namely Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz e Quran, no further proceedings in this suo motu case are required.” There is no doubt that it is a great injustice to the students who were earlier guaranteed for 20 Marks of completing Hifzul Quran. Now they will be deprived of admission and decent jobs, The Court oversight that the character of Hafizul Quran is very high as comparted to most of other students.
One wonders that there are thousand of Madaris operations throughout the country engaged in free Hifz-ul-Quran and other education without any discrimination of religion, caste, creed, and social status. Most of the students are orphans or very poor to afford education. All these Madaris provide free boarding and three times meals per day to all the students. Do we have precedent anywhere in the world that any International Non-Government Organization or International Organization posses such a tremendous capacity for the welfare of poor students? The Government of Pakistan should fully fund them from the Zakat they collect to the billions of rupees each year rather than discouraging them to undertake religious studies. Hounourable Courts of Pakistan should never forget that Article 2 A of the Constitution of Islamic Republic of Pakistan provides that State would ensure that Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah. One wonders does this article means closing down all Madaris under the garb of terrorism and backing out from 20 marks, which Government guaranteed, to each Hafiz ul Quran.
By Afshain Afzal
The recent judgment by honourable Supreme Court of Pakistan dated 4 April 2023 on Suo Moto Case No. 04 of 2022 (Grant of additional 20 marks to Hafiz-Quran while admission in MBBS/BDS under Regulation 9 (9) of MBBS and BDS (Admission house jobs and internship) Regulations, 2018, is unique in nature and seems to be a case of ‘Judicial Review’ due to an oversight. The decision of honourable larger bench is based on the stance taken by the Pakistan Medical and Dental Council’s report that “the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 and amended in 2019 which allowed grant of 20 additional marks for Hafiz e Quran for admission in Medical and Dental Colleges are not in force and the current Regulations namely Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz e Quran, no further proceedings in this suo motu case are required.”
The Constitution of Islamic Republic of Pakistan, 1973 (Article 2.A) provides; sovereignty of Almighty Allah alone over Pakistan and authority by the people of Pakistan within the limits prescribed by Him. In Pakistan, Islam’s enunciated principles of democracy, freedom, equality, tolerance and social justice shall be fully observed and Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah. Here there would be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. With regard to minorities, provision to freely to profess and practice their religions and develop their cultures. While another criteria for Pakistanis is that they will be faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah.
The honourable Supreme Court of Pakistan is constitutionally bound to be faithful to the declaration made by Quaid-e-Azam Mohammad Ali Jinnah when in a speech at Lahore on October 30, 1947, he said: “We thank providence for giving us courage and faith to fight these forces of evil. If we take our inspiration and guidance from the Holy Quran, the final victory, I once again say, will be ours.” In his speech in the Sibi Darbar on 14 February 1948, he expressed his views against western type of democracy and advised us to guard over the development and maintenance of Islamic democracy, social justice and equality of manhood and told us that our aim should be to secure democracy as enjoined by Islam. Addressing the first education conference held in Karachi in 1947, Quaid-e-Azam said, “Under foreign rule for over a century, in the very nature of things, I regret, sufficient attention has not been paid to the education of our people,” He said, “There is no doubt that the future of our State will and must greatly depend upon the type of education and the way in which we bring up our children as the future servants of Pakistan. Education does not merely mean academic education, and even that appears to be of a very poor type. What we have to do is to mobilize our people and build up the character of our future generations.”
The Supreme Court’s ruling, “current Regulations namely Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz e Quran” need a review as PMDC never said 20 marks to students who are Hafiz e Quran have been withdrawn but what he said, “marks for Hafiz e Quran for admission in Medical and Dental Colleges are not in force”. The question remains, did Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 mentions that it override other Regulations? If not, award of 20 Marks to Hafiz-e-Quran is still applicable and Supreme Court is duty bound to seek reply from all the stakeholders who were required to clarify questions asked by Bench of Justice Qazi Faez Isa. The author can be reached at: This email address is being protected from spambots. You need JavaScript enabled to view it.
SRI LANKA, 22 February 2023 (TON): International Monetary Fund agreed in principle to provide an emergency loan of US$2.9 billion, with the hope to essentially tide over the ongoing balance of payments issues. Unlocking these funds, however, depends on the IMF receiving assurances from major bilateral creditors that they will eventually provide an adequate amount of debt relief.
The Paris Club of traditional (Western) government creditors has provided the necessary assurances. China, however, is Sri Lanka’s biggest bilateral creditor and so far has only committed to a two-year moratorium on debt service payments – and only for loans for its EXIM bank. Beijing continues to argue that loans from China Development Bank – its other policy bank engaged in overseas lending – should be treated as commercial and outside the framework for official creditors.
Consequently, the IMF now appears to be considering an emergency program without China. Doing so carries significant risks – notably that China might benefit from IMF financing and any restructuring deal while contributing less in debt relief than other creditors.
Nonetheless, a way forward is desperately needed. The country’s economic woes are pushing many Sri Lankan households into poverty.
Ultimately, confronting the mounting human costs of Sri Lanka’s debt will require not only substantial (and urgent) debt relief but also a sizeable and sustained increase in concessional financing.
