Afshain Afzal

Afshain Afzal

As the impeachment trial of President Donald Trump is all set to begin on 8 February, to prove allegations against his involvement in inciting an insurrection and threatening democracy, there are dim chances that President Joe Biden would utter even a single word on investigation of Election fraud. The impeachment trial process involves, the Senate to hold a judicial-style trial of President Trump. On 13 January this year, the House of Representatives attempted to impeach President Trump for a second time on the charges of 6th January protests that allegedly invited incident of violence, resulting in killing five people at the Capitol Hill in Washington. Democrats claims that the violence erupted on the instigation of by President Trump after he addressed thousands of his supporters outside the building in order to stand against the election 2020 fraud results. There is no doubt that President Trump’s case for impeachment has no merit as violation of law, rule, regulation, or statute has not taken place. Hence, he cannot neither be properly removed nor impeached because he has not committed actually a statutory crime.

Keeping aside popular claims that Election 2020 was computer engineered fraud, if we critically analyze the situation post Election 2020; Joe Biden was not President of the US as he had not yet taken oath under Article II. In grave violation of the constitutional provisions, Joe Biden along with certain officials were actually controlling the Administration and the Pentagon that also was the real cause that led to tragic incident of killing of five persons on 6th January. The Democrats on the incitement of Joe Biden were blocking the path of democratic peaceful protests by the supporters of President Trump. Had there no counter-rallies, five people would have not been killed.

There are at least five main issues to be discussed to help those who intend to carryout impeachment process; 1) Under the First Amendment US governments legitimately may impose limited curfews only during times of dire emergency but Mayor of Washington, Muriel E. Bowser imposed curfew based on political uncertainty from 6 to 21 January. Is a Mayor authorized to do so without proclamation of disaster; 2) President Trump was Commander in Chief of the Army and Navy of the US and of the Militia. Why despite initial President’s opposition National Guards were deployed in Washington; 3) If the US President decides to delay some event under which law he be prevented from doing so; 4) Under which constitutional provision President Trump was kept aside and Vice President was asked to remove the President from office; and 5) Under which law Pentagon and secret services took the stage and prevented President Trump from certain actions in the name of national security, which he also mentioned in his speeches?

Article II of the constitution bars exercise of any power or interference in affairs of the United States government until proper oath is taken, “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Since no such oath was taken by Joe Biden so he was not entitled to furnish any opinion or order with regard to affairs of the United States.

A quick look to other provisions American constitution; Article II of the Constitution of USA provides that a President of the United States and the Vice President shall hold their office during the term of four years. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President. And in case of both of the President and Vice President in same context, Congress appoints an officer to act as President to act accordingly, until the disability is removed, or a President shall be elected. When there was no issue with the President or Vice President, how Joe Biden could incite to prevent and exclude President Trump from exercising his lawful right to run the governmental affairs. The State institutions and agencies were also preventing him to perform his obligations or deliver traditional speeches etc.

Article 1, Section 8: Powers of Congress highlights Congress power to provide for calling forth the militia to execute the laws of the Union suppress insurrections and repel invasions. Congress has powers to provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively…  Section 2 provides that the President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States… But despite initial President’s opposition of bringing military into the politics, National Guards were deployed in Washington and elsewhere. There is a question how any order wan be given bypassing US Commander in Chief.

Article 1 Section 3 judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor. Impeachment in Article II, Section 4 of the Constitution allows for the removal of federal officials, including the vice president, from office for "treason, bribery, or other high crimes and misdemeanors". In case of President Trump there was none of condition that was applicable on President Trump so how he was prevented from running the affairs and Vice President was asked to impeach him and run the show.

Congress ratified and adopted it by the Act of 21 March1942, by which it was made a misdemeanor to knowingly enter, remain in, or leave prescribed military areas contrary to the orders of the Secretary of War or of the Commanding Officer of the area. The cases which subsequently arose in consequence of the order were decided under the order plus the Act. How President Trump fits here? One wonders where the evidences of crimes he committed are and who will be the witness of what. The fact cannot be denied that no evidence exists on ground or has been highlighted till now other than the narration of the incident in which five people were killed when President Trump’s supporters gave call for peaceful protests. The real unresolved issue is that once the Impeachment drama is over, will Washington investigate evidences of fraud in Election 2020?

By Afshain Afzal

WASHINGTON, 23 January 2021, (TON): The latest revelation by the former acting US Defense Secretary Christopher Miller did not surprise anyone claiming that when he took the office in November 2020, he had three goals: “No Major War, No Military Coup and No Troops on the Street.” All these orders were also earlier passed by the Commander of Chief of US Forces, President Donald Trump but pressure from the “War Veterans” and members of “LGBT community” reversed orders including, “No Major War, No Military Coup and No Troops on the Street.”

On 3 September 2019, US President Donald Trump tweeted that he believed Democrats initiating an impeachment inquiry were staging a coup but the impeachment inquiry is a baked-in process of the government, not a tool of hostile takeover. On 28 August 2020, Chairman of the Joint Chiefs of Staff General Mark Milley ensured Congress that US military will not play a role in November’s election and won’t help settle any disputes if the results are contested.  General Milley said, the Constitution and the laws of the US will govern elections and “in the event of a dispute over some aspect of the elections, by law US Courts and the US Congress are required to resolve any dispute and not the US military.”

We should not forget that six month ahead of Election 2020, Biden said pointing towards Pentagon, "I promise you, I am absolutely convinced they will escort him from the White House with great dispatch." If we recall, President Donald Trump had tweeted that transgender people would no longer be allowed to serve in the military, as the armed forces needed to focus on decisive and overwhelming victory and in the same context in January 2019 the US Supreme Court allowed the Pentagon’s transgender limits to take effect, which were implemented in April 2019. But Joe Biden promised to reverse everything to make USA most attractive place for unnatural crimes and sins.  

Meanwhile, the Department of Defence officials claim that they are not allowed to speak about the policy being followed US military; however, it is unusual and illegitimate. Not many people in the government departments speak openly about President Trump but at least one person, on the condition of anonymity, said “he is not free man in Florida resort”. Supporters of President Trump said, “Trump’s second trial scheduled to begin on 8 February 2021, is a treacherous drama to blame innocent with the help of handful of paid-witnesses.” One wonders, it seem true that President Trump might have not stopped his supporters from protesting at Capitol Hill but can these less than half a dozen witnesses take oath on Bible that President directly ordered them to play foul that led to deaths of innocents. The witnesses are naming secret service personnel to have asked them to play havoc but why do not they name them?

The other day, US Army National Guard’s helicopter, UH-60 was carrying heavy loads and personnel crashed in Mendon, approximately 20 miles south of Rochester in Monroe County. It is not yet clear what caused the crash but indirect indications revealed that a sabotage attempt cannot be ruled out. The National Guard and Federal Aviation branch are investigating the cause of the crash as sabotage attempt is being suspected. Meanwhile, 102nd Military Police Battalion HQ in Auburn deployed on support security operations in Washington since Joe Biden's inauguration ceremony claimed that there is a feeling of uncertainty and suspicion amongst the Army personnel as anything may happen anytime. Sources quoting Pentagon said US troops will remain deployed upto April 2021 and may be longer. The developments suggest that game is not over and may take an ugly turn anytime.

 

NEW DELHI, 15 January 2021, (TON): Nepal's Foreign Minister Pradeep Kumar Gyawali arrived here on yesterday on a three-day visit to India. Pradeep Kumar is schedule to attend the India-Nepal Joint Commission meeting in which boundary dispute between India and Nepal will be discussed with Indian counterpart S Jaishankar.

Meanwhile, Nepal’s Prime Minister K P Sharma Oli said Nepal will get back every inch of its territory. If we recall a border row triggered last year after Indian forces refused to withdraw from Nepalese territory and Kathmandu was forced to publish a new political map that showed the three Nepalese territories; Limpiyadhura, Kalapani and Lipulekh which were illegally occupied by India as its own territories. The joint commission is the highest mechanism between the two countries to discuss the entire gamut various issues relating to bilateral relations.

The sixth joint commission meeting was held today on Friday "to discuss the whole gamut of Nepal-India bilateral relations, including territorial dispute, trade, transit, energy, infrastructure, connectivity, investment, agriculture, tourism, culture and other others".  

UNITED NATIONS, 5 January 2021, (TON):  At a flag ceremony on Monday India took its place on UN Security Council important decision-making body. On the occasion India’s Permanent Representative T.S. Tirumurti pledged that India would “not shy away from raising our voice against the common enemies of humanity like terrorism,” He said, “We will use our tenure to bring human-centric and inclusive solutions to matters of international peace and security. India will be a voice for the developing world.” He added, “From Kashmir to Kanyakumari (Tamil Nadu), we stand united as one, bound by our ethos of democracy, pluralism and commitment to fundamental rights.”

The 15-member Council has ten non-permanent elected members and five permanent members, who have veto powers. India officially assumed its role in the Council on 1 January 2021 but as due to holidays the first session was held on 4 January. India was elected last June to its two-year tenure on the Council.

 While India is striving for its strong commitment to reformed multilateralism in the UN and quest for permanent seat in a reformed UN system, it own human rights record is poor inside India as well as sometimes outside, when assigned international role as UN observers and police force.

 

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JAMMU AND KASHMIR , 3 January 2021, (TON): Indian Chief of Defence Staff (CDS) General Bipin Rawat along with Indian Army Chief paid Saturday a visit to prime strategic Air Bases in the Western Air Command and 14 Corps Headquarters. All Corps and Divisional Commanders of the respective commands were also present there. CDS was briefed about the existing security situation at Line of Control (LoC), Line of Actual Control (LAC) and border with Bangladesh.  He was also briefed about the new Indian Air Force Base near Leh, where foreign personnel are also based; emphasizing that India has strategic edge over Pakistan in terms of fighter squadrons. On the occasion General Rawat took stock of Regular Army, Special Frontier Force (SFF) and Indo-Tibetan Border Police (ITBP) deployed in the forward posts.

General Rawat was briefed about operational readiness of Indian Airforce Forces elements at  Srinagar, Bhatinda, Halwara, Leh Thoise, Nyoma , Nimu, Chabua, Tezpur, Hashimara and Ambala as well as Army Aviation and Air Defence setups. There are reports that briefing included general layout of site selection for deployment of launcher of Agni – II and Agni – III missiles. During the briefing General Rawat said “Our Electronic Warfare Electronic Intelligence (ELINT) and Communications Intelligence (COMINT) setups in freezing winter are there to deter eye on Pakistan, Bangladesh and China to deter Pakistan-trained terrorists which are threat to India,” He said, “India and Pakistan go to war over Kashmir or a there has to be a continuous pro-active approach for the adversary to realize the costs of supporting a proxy war,” He added, “Nothing can deter the Indian Armed Forces from remaining steadfast in their call to duty.”

Meanwhile, an officer from 3341 Missile Group operating Agni missiles informed pointing on map, on the condition of anonymity, “India’s missile forces are located closer to Pakistan than China at Kamptee and Pune in Western India, Secunderabad in Central India, and Rajasthan in North-Western India,” He also said, “We have already issued launchers and stocks since early July last year to respective formations but these are not for imposing war.”

General Rawat would visit several other key bases on Sunday to gain first-hand experience of the security scenario, from where both China and Pakistan can be targeted. He was informed that most of locations are currently in the grip of a severe cold due to heavy snow with temperatures dropping below zero hence the weather conditions may hinder prolong operations. It has been reported the visit is to boost the morale of personnel deployed who are normally withdrawn during winters.

KARAK, 1 January 2021 (TON): Burning and demolition of structure near the claimed Hindu temple in Pakistan’s Teri village of Karak district in Khyber Pakhtunkhawa province is being investigated by the authorities. The Chief Justice of Pakistan took cognisance of the issue and has fixed the matter before court on 5 January 2021, with directions to one-man Commission on Minorities Rights, KP chief secretary and KP Inspector General of Police to visit the site and submit report on 4 January 2021. Khyber Pakhtunkhwa Inspector General of Police (IGP) Sanaullah Abbasi visited Terri site yesterday and started the investigations.

As per the old record, a Hindu contractor namely Mr. Paramhans working with the British in NWFP spent some time in the house in the past and after partition and independence in 1947, it was declared as Evacuee property. Later in 1950, it was occupied as residence by a refugee from India claiming that his caste was Mufti. During Musharaf regime some unidentified persons in authority negotiated with the occupant of the house on the pretext that it was a Hindu Samadhi (shrine). The occupant of the house initially claimed that he was from the Hindu family of Mr. Paramhans and had embraced Islam after partition in 1947. He also claimed that Mr. Paramhans use to pray inside his house, thus is a Hindu Mandir. Later Hindu elders from Sindh also intervened and tried to negotiate by making a payment of Rs 375,000 as cost of the land but the refugee Mufti did not vacate the property and claimed that 5-marla house (approximately 1125 square feet) worth is around Rs 5 million.

As per the recorded statement of Dr Ramesh Kumar Vankwani, a member of the National Assembly from Tharparkar and patron of the Pakistan Hindu Council, he had invited the attention of the apex court to the frequent incidents of desecration of Hindu temples in the country, especially occupation of Paramhans Ji Maharaj’s Samadhi in Teri village of Karak district by an influential mufti. Dr Vankwani said he had met the provincial Chief Secretary, the Inspector General of Police and the local Commissioner, but he had been informed that the Hindu notable in whose name the temple was built had converted to Islam. A letter written by the-then Deputy Commissioner of Karak to a Deputy Secretary of the provincial Home Department in February 2014, in which it was highlighted that it was residence of Paramhans Ji Maharaj where he died in 1919 and buried in Teri village and house was converted into a Hindu shrine. The provincial government took up the case with Supreme Court for an order. The Chief Justice Supreme Court of Pakistan passed judgment dated 19 June 2014.

In the recent incident, locals of the Terri area were instigated that some people have purchased additional property around the house claimed to be Paramhans Ji Maharaj’s Samadhi and have also silently completed some of the construction work of new structures in extended area to reflect their permanence. They were convinced to honour the June 2014 verdict of the Supreme Court regarding Hindu temple, wholeheartedly but local Hindu community had given a contract for the expansion of the shrine to a local contractor which was not acceptable to the people. Rumours were spread everywhere that some influential people wanted to turn this small house of 5- Marla into a large complex for Hindus on the lines of Kartarpur Complex of Sikhs.

Accordingly, residents of Teri, Karak approached Civil Administration and Police for a protest rally, on an assurance that it would be a peaceful one.  The protesters, few hundred of residents led by Malauna Sharif who reached the site of illegal construction saw some planks of wood near the construction already set ablaze. Witnesses also said unidentified miscreant had already done that and when protester reached the site of structure it was already set ablaze. Social media released images of young clean-shaven boys, covered with masks; demolishing additional structure made adjacent claimed Hindu Samadhi.

Reacting to an incident of demolition of Terri Hindu temple, Pakistan Muslim League-Nawaz’s Hindu Member National Assembly Kheal Das Kohistani said that historical Hindu temple was destroyed by miscreants in presence of Police and Civil Administration of Karak. Patron-in-chief of Pakistan Hindu Council Ramesh Kumar Vankwani tweeted and called a protest demonstration on 31 December and claimed that Terri temple was demolished by mob led by Malauna Sharif and demanded arrest Maulana Sharif and all culprits under the Blasphemy laws (295C).

District Police Officer Irfanullah confirmed registering of First Information Report (FIR) against two local clerics identified as Maulvi Mohammad Sharif and Maulana Faizullah and several other unidentified persons. Police in Pakistan has till now arrested 41 people and is continuously carrying out raids to arrest more. Police said 350 people have been booked in the FIR and they arrested Rehmat Salam Khattak, a leader of Maulana Fazlur Rehman-headed JUI-F from his house in Chokara, Takht-i-Nusrati Tehsil as reportedly he participated in a meeting before the attack on the Hindu shrine.

Khyber Pakhtunkhwa Inspector General of Police (IGP) Sanaullah Abbasi visited Teri to inspect the destroyed structures along with DIG Kohat Region Tayyab Hafeez Cheema and Kohat Division Commissioner Syed Jabbar Shah. IGP Sanaullah Abbasi said the police would ensure security to the places of worship of the minorities and protect their rights as enshrined in the Constitution. He assured that a total of 350 persons had been nominated in the FIR and all will be arrested soon. If we recall, on 10 Moharram in 2013, orthodox Muslims Mosque and Madrassa namely Madressah Taleemul Quran was burnt to ashes in which 200 students were burnt alive but despite clear identification of terrorists in several videos, none was punished rather media including top Pakistani newspaper projected the burnt Mosque as epicenter of the violence. One wonders if Supreme Court of Pakistan would be shared with correct historic record and decision would be possible purely on merit.

By Hassan Ali

The Dukhatr e Kashmir Asiya Andrabi and the founding leader of Dukhtaran-e-Millat (Daughters of Nation) remains the most popular leader of Kashmir’s freedom struggle. She is renowned for the women mobilizing in Jammu and Kashmir fought against the illegal occupation of the Indian forces.

Since her inception of struggle she faces jailed and house arrest. Asiya Andrabi and her two associates jailed by the court, allegedly work against the forceful occupation of Indian army in Jammu and Kashmir. She commenced the pro-Islamic and Pro-Pakistan ideology in the region that the people of valley struggling for the annexation of Kashmir with Pakistan. Her motives in her single statement is following

               “We have sacrificed 80,000 martyrs and we are ready to sacrifice more”

The diversity of her life explains her struggle in the different walks of the life. She openly announced the social work and welfare of the women’s as well.  In 2006 the Dukhtaran-e-Millat claimed to have 500 active members in Kashmir. The political movement of Asyisa Indarabi proliferate the empowerment of valley women’s in the struggle of freedom.

After the death of Burhan wani men and women’s took streets and protest against the Killing of Burhan Wani. The protest and rallies highly leaded by Asyia Andrabi, over the six months women participated in the protest in the leadership of Asyia Andrabi.  She also stood against the Sexual Violence and impunity in the state of Jammu and Kashmir.

In 2018 she condemned and demonstrates the protest against the rape and killing of eight year old child in the Kathua district. The colleges female students raise the voice against the aggression in the result security forces of India imprisoned Asyia Indrabi in Anantnag. She dedicated her life for the cause of her land and her people which are facing detentions bear the funerals on the shoulders of Kashmiris and rape of the women’s.

 On the Srinagar day vocal voice of the struggle of the Jammu and Kashmir categorical shows his love and affection with Muslims of Pakistan. She stated that

“We have gathered here, despite challenging times, to express our unity with our holy land (Pakistan) and convey to the world that Kashmiri Muslims want to live and die with the Muslims of Pakistan” and during her statement she waving the flag of Pakistan.

Meanwhile, Indian police register a case  Asyia Indrabi on chanting the slogans of Pakistan. As geography shows that Kashmir is the natural part of the Pakistan and the two nation theory which is highly supported by the Asyia Indrabi.

“My children saw father only behind the bars,” Asiya narrates.

After the tiring struggle, Asyia Indrabi have still hope and firm believe that one day Jammu and Kashmir will became the part of Pakistan and kick back the invaders and forceful forces. In her several speeches she mentioned that they can kill us but not our aspirations of the freedom because history already witnessed, ideology can only replace by another ideology not by the killing of people.

Her effort for the women empowerment in the valley is remarkable. Women’s are the equal part of the struggle in Jammu and Kashmir. She always motivated for the Islamic values and traditions regarding women within the framework of Islamic laws. For the efforts and endless struggle of freedom and illegal occupation of Indian forces in Jammu and Kashmir which resulted, imprisonment and hindrances in her life.

 

In recent developments, Delhi court ordered framing of charges against Asiya Andrabi and her two associates. The case relates to support of Pakistan and raise the vocal voice against the Indian forces. Special Judge Parveen Singh ordered putting Andrabi and her associates on trial for various offences punishable under IPC and stringent Unlawful Activities (Prevention) Act (UAPA).

Asiya Andrabi was chief of the Dukhtaran-e-Milat also forcefully banned in Jammu and Kashmir.Pakistan always morally support the leaders and people of Jammu and Kashmir.

By Afshain Afzal

The Government of United States of America is negotiating with Afghan nationals since long to ensure safe withdrawal of US troops and peace in Afghanistan. These Afghans, who are participating in the peace-talks, were referred as terrorists from over two decades.  Due to the same perception the US and allied forces including NATO troops killed over 1.6 million Afghan nationals; unarmed men, women and children on the suspicion of maintaining links with Taliban and A Qaida. Now Washington says Taliban are not terrorists. Interestingly, in a recent statement from US Department of Justice, Acting Attorney General Jeffrey Rosen said, “We understand that Pakistani authorities are taking steps to ensure that Omar Sheikh remains in custody while the Supreme Court appeal seeking to reinstate his conviction continues. The separate judicial rulings reversing his conviction and ordering his release are an affront to terrorism victims everywhere.”

For a minute if we do not consider Attorney General Jeffrey Rosen’s statement as American interference in Pakistan’s internal affairs and also overlook US’ mistrust on Pakistan’s judicial system, it is worth appreciation that same US Department of Justice failed to award death penalty to Khalid Sheikh Mohammad also referred in US as “KSM”, who is prisoner in US jail since decades. “Why he has not been hanged or killed in a drone attack?” is a good question but US might feel shy in pronouncing that Khalid Sheikh Mohammad has totally denied any of his role in 9/11 attacks and has blamed US intelligence agencies for using third degree methods which left no option for him but to confess. The US’ judiciary thrashed the American interrogators and case is still pending to declare Khalid Sheikh Mohammad as a free man.

US Department of Justice said, “We remain grateful for the Pakistani government’s actions to appeal such rulings to ensure that he and his co-defendants are held accountable. If, however, those efforts do not succeed, the United States stands ready to take custody of Omar Sheikh to stand trial here.  We cannot allow him to evade justice for his role in Daniel Pearl’s abduction and murder.” One wonders Ministry of Law and Justice in Islamabad might also like to ask the same question to Washington and express Pakistan’s readiness to take custody of Khalid Sheikh Mohammad if efforts do not succeed.

By Afshain Afzal

The US Department of State tweeted Thursday, on 24 December 2020, “We are deeply concerned by the reports of the December 24 ruling of Sindh High Court to release multiple terrorists responsible for the murder of Daniel Pearl. We have been assured that the accused have not been released at this time.” The tweed was issued after the pronouncement of the Sindh High Court (SHC) ordered that the four men charged in journalist Daniel Pearl's abduction and murder case be released immediately, terming their detention illegal. The US authorities claimed to have talked to the HIGHER UPS in Pakistan and accordingly issued statement, "We have been assured that the accused have not been released.” The US Department of Statement issued a caution, “The department will continue to monitor any developments in the case.”

There is no doubt a very dirty game is being played against a particular affiliates of Islam and they are always in a spin under one pretext or the other. Fake charges of terrorism, terror financing and money laundering are leveled since decades and are hunted like wild rabbits on the pointing out by their rivals and enemies in Pakistan and neighbourhood, which ultimately compel Western countries and institution to publish unconfirmed and unfounded stories against them.  

The bench of Sindh High Court also barred the federal and provincial authorities from placing the men under any preventive detention order without prior permission of the Court. However, their names were placed on the Exit Control List (ECL).   In April 2020, the High Court had acquitted all these accused of the charges of murder and kidnapping for ransom of Daniel Pearl and only found main accused Ahmed Omar Sheikh guilty of abducting the Daniel Pearl and sentenced him to seven-year imprisonment. However, the sentence had been completed as the convict had already spent around 18 years in detention.  We have no doubt that Ahmed Omar Sheikh was student of UK and liked with intelligence agencies there.

If we recall, in May 2019, the Ministry of Interior on added 11 groups to the list of proscribed organizations for their links with three banned organizations. The banned outfits were Hafiz Saeed’s Jamaat-ud-Dawah, Falah-i-Insaniyat and Masood Azhar’s Jaish-e-Muhammad. Al Anfal Trust, Idara-i-Khidmat Khalaq, Al Dawatul Irshad, Al Hamd Trust, Mosque and Welfare Trust, Al Madinah Foundation, Muaz bin Jabal Education Trust, Al Eesar Foundation, Al Rehmat Trust Organization and Al Furqan Trust were added to the list. On 3 July 2019, 13 leaders of the JuD were booked in multiple cases for terror financing and money laundering under the Anti-Terrorism Act (ATA) 1997.

It was alleged that they collected funds through non-profit organisations and trusts including Al-Anfaal Trust, Dawatul Irshad Trust, Muaz Bin Jabal Trust, etc. FIR No 32/19 was registered by the Counter Terrorism Department (CTD and they were booked under sections 11-F(2), 11-N, 11-I, 11-J and others of the Anti-Terrorism Act. The sections relate to being a member of a banned outfit and supporting and arranging meetings of a proscribed organization, illegal fundraising and buying properties with the raised funds. The court also extended benefit of 382 CrPC to the convicts. Finally, ATC Judge, Aijaz Ahmad Butter awarded Hafiz Saeed, Hafiz Abul Islam Bin Muhammad, Professor Zafar Iqbal, Muhammad Ashraf, Yahya Mujahid 15 years jail term, along with Rs20,000 fine each. One wonders how long the real culprits, if any, will not been punished and poor people wo are committed in religious and charitable works would be linked by their rivals and enemies to settle the scores.

 

By Afshain Afzal

The 25th day of December bears great significance. It is a day of blessings as birthday of our holy prophet Hazrat Essa Rohallah Alhe-e-Salam (Jesus Christ) falls on the very day.  The birthday of Quaid-e-Azam Muhammad Ali, the founder of Pakistan also falls on the same day. Thus for the Pakistanis and Muslims around the world the day bears special significance. It is unfortunate that despite the fact that Pakistan is an ideological state where the supreme authority is that of Allah and the supreme law is that of Al Quran, some factions still talk about secularism. No doubt, these elements are not loyal to Pakistan. They are in fact playing in the hands of the enemies of Pakistan who never accepted the great partition of 1947. Quaid-e-Azam made it abundantly clear, which is also evident from his speeches and addresses that he wanted Pakistan to be an Islamic state where rule of Quran is to be enforced and where there is no room for Seculars, Imperialists and Capitalists. Thus In his speech at the Frontier Muslim League Conference on 21 November 1945 Quaid-e-Azam said, “We have to fight a double-edged battle, one against the Hindu Congress and the other against British Imperialists, both of them being Capitalists. The Muslims demand Pakistan where they could rule according to their own code of life and according to their own cultural growth, traditions, and Islamic Laws.” Similarly in a message to N.W.F.P Muslim Students Federation, in April 1943, he said, “You have asked me to give you a message. What message can I give you? We have got the great message in the Al Quran for our guidance and enlightenment.”

Quaid-e-Azam wanted Pakistan to follow Al Quran as a general code of the Muslims in every department of life, collectively and individually. He was of the view that Al Quran regulates religious, social, civil, commercial, military, judicial, criminal penal code and every other aspect. Thus in his Eid message to the nation in 1945, Quaid-e-Azam said, “every Muslim knows that the injections of the Al Quran are not confined to religious and moral duties. He said, “From the Atlantic to the Ganges”, says Gibbon, “the Al Quran is acknowledged as the fundamental code, not of theology but of civil and criminal jurisprudence, and the laws which regulate the actions and the properties of mankind are regulated by the immutable sanctions of the Will of Allah”. He said that everyone, except those who are ignorant, knows that the Al Quran is the general code of the Muslims. A religious, social, civil, commercial, military, judicial, criminal penal code; it regulates everything from the ceremonies of religion to those of daily life; from the salvation of the soul to the health of the body; from morality to crime, from punishment here to that in the life to come and our Prophet (Sal Allah Ho Alhe Wasallam) has enjoined on us that every Muslim should possess a copy of the Al Quran and be his own priest. Therefore, Islam is not confined to the spiritual tenets and doctrines and rituals and ceremonies. It is a complete code regulating the whole Muslim Society in every department of life, collective and individually.”

During his Presidential Address delivered at the Annual Session of the All-India Muslim League, Delhi on 24 April 1943, Quaid-e-Azam said, “Here, I should like to give a warning to the landlords and Capitalists who have flourished at our expense by a system which is so vicious, which is so wicked and which makes them so selfish that it is difficult to reason with them. The exploitation of the masses has gone into their blood. They have forgotten the lessons of Islam. Greed and selfishness have made these people subordinate to the interests of others in order to fatten themselves. It is true we are not in power today. You go anywhere to the countryside. I have visited villages. There are millions and millions of our people who hardly get one meal a day. Are these civilizations aim Pakistan. Do you visualize that millions have been exploited and cannot get one meal a day. If that is the idea of Pakistan, I would not have it. If they are wise they will have to adjust themselves to the new modern conditions of life. If they won’t, God helps them: we shall not help them.” In a Broadcast talk to the people of the United States of America, recorded in February 1948, Quaid-e-Azam said “The Constitution of Pakistan has yet to be framed by the Pakistan Constituent Assembly. I do not know what the ultimate shape of this constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today, they are as applicable in actual life as they were 1,300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair-play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framer of future constitution of Pakistan. In any case, Pakistan is not going to be a theocratic state to be ruled by priests with a divine mission”. There had been extensive debate over Quaid-e-Azam’s statement “Pakistan is not going to be a theocratic state to be ruled by priests”

There should be no confusion in anybody’s mind about what Quaid-e-Azam meant as he had already explained it during the Allahabad session of the All-India Muslim League in 1942, when he was asked as to what type of state Pakistan would be. Quaid-e-Azam replied: “It will be an Islamic state on the pattern of the Medina state with human rights, liberalism, democracy and complete tolerance and freedom of conscience to all citizens without any distinction of colour, creed, language, and race as granted by the Prophet of Islam Muhammad (peace be upon him) to Christians, Jews, idol worshippers and all others. Justice, brotherhood, liberty, equality and fraternity will reign supreme.” Ironically, despite the passage of 64 years to our independence, still there are many Pakistanis who are confused that what Pakistan stands for. One wonders if the destiny of Pakistan was to be a secular state on the lines of today’s India, why the people of Pakistan and Muslims of India had to give so many sacrifices as All India National Congress and Hindu majority were ready to grant complete autonomy to Pakistan under the Indian union. But this was not acceptable to   the Muslims.

We have before us Quaid-e-Azam’s Presidential address to the Constituent Assembly of Pakistan on 11 August 1947, as guiding principles, which he placed before us as major problems that the new state of Pakistan had to encounter. These problems are still there which need immediate attention by our Parliament. In the words of Quaid-e-Azam these include; 1) Maintenance of law and order so that the life and property and religious beliefs of its subjects are fully protected by the state, 2) Put down bribery and corruption with an iron hand, 3) black-marketing should be very severely punished, because they undermine the entire system of control and regulation of food-stuffs and essential commodities and cause wholesale starvation and want, and even death, 4) evil of nepotism and jobbery must be crushed relentlessly, 5) There are people who do not agree with the division of India and the partition of Punjab and Bengal but now that it has been accepted, it is the duty of everyone of us to be loyally abide by it and honourably act according to the agreement which is now final and binding on all. Pakistani nation has still time to follow the footsteps of Quaid-e-Azam in true letter and spirit so that we emerge as a true Islamic state on the map of the world.

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