Thursday, February 09, 2012

‘Make or break day’ proved indecisive over 20th amendment


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ISLAMABAD: The fourth session of talks over smooth passage of 20th Amendment bill from the parliament turned out to be irresolute even though Chaudhry Nisar claimed it be the ‘make or break day’ on Wednesday, FTNews reported on Thursday.
The government has asked for more time in order to take its allies in confidence.
The ruling coalition and opposition in the National Assembly seemed stalled by a deadlock on a constitution amendment bill seeking to validate more than two dozen post-Eighteenth Amendment by-elections.
The fourth session of the talks was attended by the federal ministers Khursheed Shah and Naveed Qamar and Senator Raza Rabbani, while, the opposition was represented by Pakistan MuslimLeague-Nawaz (PML-N) senator Ishaq Dar, Zahid Hamid and Sardar Ayaz Sadiq.
Speaking to media representatives after the meeting, Khursheed Shah said that “negotiations with PML-N were moving ahead steadily.”
He said that the government has decided to put forward draft of the bill to the cabinet. “It (bill) will be made public after cabinet’s approval,” he added.
Meanwhile, Information Minister Firdous Ashiq Awan said that some progress has been made in the talks with the opposition and “we will soon announce the good news.”

SC adjourn PM’s appeal until tomorrow


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ISLAMABAD: The Supreme Court, on Thursday, adjourned hearing of the intra-court appeal challenging the Supreme Court’s order in a contempt case against Prime Minister Yousuf Raza Gilani.
Chief Justice Iftikhar Mohammad Chaudhry, who was heading the eight-member bench, directed Aitzaz Ahsan (PM’s counsel) to complete his arguments on Friday (tomorrow) by 10:30 am.
As the day’s proceedings began, the CJ showed displeasure over certain parts of the 200-page draft of the appeal.
He said that a country’s prime minister should have high ethical standards and that the language of the appeal gave the impression that the premier wanted to influence the court’s judgment.
Three paragraphs of the draft were later removed on the directions of Chief Justice Chaudhry, after Ahsan and the advocate on record agreed.
The chief justice remarked that if the premier wrote the letter to Swiss authorities for reopening graft cases against President Asif Zardari, the matter would be settled.
He also urged Ahsan to advise his client to not show disrespect towards the court.
Ahsan presented his arguments before the court and pointed out that the Swiss authorities had themselves closed the cases in 2008, when Zardari took office, on the grounds of immunity and that there was no third party to claim the funds.
He said that Gilani was appearing before the court in a personal capacity and if convicted, Gilani who would be sent to jail not the prime minister of the country, but its citizen.
He also requested the court to dismiss the case.
During the hearing, the chief justice insisted that the prime minister should have taken the initiative in re-opening those cases.
The court said it had shown patience in the two years and three months, since it ordered that the matter be taken up with the Swiss authorities.
The judges, CJ Chaudhry said, had taken their oaths under the Constitution of Pakistan and gave judgments in accordance with the it.
Also, Justice Tariq Parvez in his remarks said that the prime minister keeps reiterating that he “freed the judges” and thatthat whatever a prime minister does, he/she does in his/her official capacity.
“We refused to take oath under the PCO and did not request anyone to reinstate us,” Justice Parvez said.
The premier’s appeal had said it would be ironic to send to prison a democratically elected prime minister who had released detained judges of the court even before taking oath as the chief executive.
Filed by Ahsan on Wednesday, the appeal had immediately been fixed for Thursday before an eight-judge larger Supreme Court bench since the prime minister has been summoned by a seven-judge bench on Feb 13 for the framing of charges.
The appeal, citing a number of cases, requests the court to set aside the Feb 2 order of summoning the prime minister on Feb 13 and the show-cause notice in the interest of justice and suspend the proceedings before the seven-judge bench hearing the contempt case.

Nato supplies continue through Pak airspace: Munter


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ISLAMABAD: US Ambassador to Pakistan Cameron Munter has hinted that Nato supplies might have resumed through Pakistani airspace.
He was speaking to reporters at the Pakistan National Council of Arts.
When asked if it were true that despite the blockade of road routes for Nato supplies for forces stationed in Afghanistan, Pakistan’s airspace was being used to provide for them, Munter said, “you are right”.
The supply routes were blocked following outrage in Pakistan after the November 26 Salala checkpoint attack, in which 24 Pakistani soldiers were killed in Nato bombing. The US was also made to vacate Shamsi Airbase, which was being used for drone strikes in Afghanistan and allegedly for those carried out in Pakistan.
“As I have commented before many times, what happened was tragic but unintentional and this is something that we all must work together to try to prevent. The way to work together is to make sure these kinds of tragedies do not take place,” Munter said.
He said that the US was looking forward to a debate in the Pakistani parliament over conservation of Pak-US ties. “We have waited because we think Pakistan has requested time to rethink about how our relationship should go ahead. We welcome those suggestions, the honesty and the spirit to take things forward.”

PIA concerned over ‘permission’ granted to Indus Air by CAA


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KARACHI: Pakistan International Airlines (PIA) has expressed reservations over permission granted to a new private airline, Indus Airline, to operate passenger flights by Civil Aviation Authority (CAA).
Sources told FTNews that Civil Aviation Authorities (CAA) has recently permitted two new airlines, Indus Airline and Pearl Airline, to operate flight from Pakistan’s airports.
They said that the national flag carrier had expressed reservations over the permission granted to Indus Airline, arguing that this would further deteriorate the ailing financial health of the airline.
The sources said that the PIA management had conveyed its concerns to CAA through a letter.
The PIA authorities were of the view that operation of Indus Airline would cause technical as well as financial problems to national flag carrier.
The sources further said that Indus Airline had also applied for allotment of offices and hanger. Space for office of the airline has been approved while application for hanger is in process, they added.

Salman Bashir appears before memo commission


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ISLAMABAD: Foreign Secretary Salman Bashir on Thursday arrived at the Islamabad High Court (IHC) where a meeting of the judicial commission investigating the memo scandal was taking place, FTNews reported.
The judicial commission had summoned the foreign secretary on half an hour’s notice.
If the foreign secretary does not appear before the commission within half an hour then he would be held in contempt of court, Balochistan High Court Chief Justice Qazi Faez Isa had said.
Justice Isa, who is heading the commission, said the foreign ministry was “creating hurdles” for the investigative commission.
The commission also includes two other high court chief justices.
Earlier during the meeting, Mansoor Ijaz’s counsel Akram Sheikh said that the commission did not have the authority to summon his client.
Sheikh moreover said that upon entering Pakistan, Pakistani law would apply on Ijaz and all assurances given regarding his security would be void.
Sheikh further said that his client could not travel to either Pakistan or Dubai, and that his statement should be recorded at the Pakistani High Commission in London.
On which Justice Isa remarked that after getting all the assurances, you are taking a U-turn.
Meanwhile, Attorney General Maulvi Anwarul Haq opposed Sheikh’s request for the commission to travel abroad. He added that both US General James Jones and Admiral Mike Mullen had also refused to appear before the commission.
Mullen, the former US military chief, had written a letter to the Supreme Court refusing to appear before the memo commission.

Aitzaz requests SC to dismiss contempt case


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ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry on Thursday urged the prime minister’s counsel, Barrister Aitzaz Ahsan to advise his client to not show disrespect towards the court, FTNews reported.
The eight-judge bench headed by the chief justice started hearing of the intra-court appeal challenging the Supreme Court’s order in a contempt case against Prime Minister Yousuf Raza Gilani here today.
The chief justice remarked that if the premier wrote the letter to Swiss authorities for reopening graft cases against President Asif Zardari, the matter would be settled.
Ahsan presented his arguments before the court and requested the court to dismiss the case.
He said that Gilani was appearing before the court in a personal capacity and if convicted, it would be Gilani who would be sent to jail and not the prime minister.
During the hearing, Chief Justice Iftikhar insisted that the prime minister should have taken the initiative in re-opening those cases.
The court said it had shown patience in the two years and three months since it ordered that the matter be taken up with the Swiss.
Ahsan pointed out that the Swiss authorities had themselves closed the cases in 2008, when Zardari took office, on the grounds of immunity, and that there was no third party to claim the funds.
The chief justice also expressed his displeasure over certain parts in the draft of the appeal.
He said that a country’s prime minister should have high ethical standards and that the language of the appeal gave the impression that the premier wanted to influence the court’s judgment.
Three paragraphs of the draft were later removed on the directions of Chief Justice Iftikhar after Ahsan and the advocate on record agreed.
The chief justice said that the judges had taken their oaths under the Constitution and that they gave judgments in accordance with the Constitution.
Also, Justice Tariq Parvez in his remarks said that the prime minister keeps reiterating that he “freed the judges”. He moreover said that whatever a prime minister does, he/she does in his/her official capacity.
“We refused to take oath under the PCO and did not request anyone to reinstate us,” Justice Parvez said.
The premier’s appeal had said it would be ironic to send to prison a democratically elected prime minister who had released detained judges of the court even before taking oath as the chief executive.
Filed by Ahsan on Wednesday, the appeal had immediately been fixed for Thursday before an eight-judge larger Supreme Court bench since the prime minister has been summoned by a seven-judge bench on Feb 13 for the framing of charges.
The appeal, citing a number of cases, requests the court to set aside the Feb 2 order of summoning the prime minister on Feb 13 and the show-cause notice in the interest of justice and suspend the proceedings before the seven-judge bench hearing the contempt case.

Supreme Court hears Gilani’s intra-court appeal in contempt case


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ISLAMABAD: An eight-member bench of the Supreme Court of Pakistan is hearing the intra-court appeal of Prime Minister Yousuf Raza Gilani against decision of the larger bench of the apex court to charge him with.
The bench is headed by Chief Justice Iftikhar Muhamamd Chaudhry and comprises justices Shakirullah Jan, Anwar Zaheer Jamali, Jawad S Khawaja, Tariq Pervez, Amir Hani Muslim, Saqib Nisar and Khilji Arif Hussain.
During the hearing chief justice remarked that some points of appeal were objectionable. He said it was said in the appeal that the court was favoured by prime minister. “Do we sit here for seeking favour,” he remarked. The CJ remarked that the executive embarrassed himself and tried to influence the court. He remarked that nobody was above the law.
“We do not how you were convinced to write such things in the appeal” CJ remarked.”By the grace of Allah we did not bow before those who consider themselves powerful,” CJ remarked.
The CJ observed that the appeal itself was tantamount to contempt of court. Aitzaz Ahsan said paragraph regarding children of judges could removed from the appeal. Later, paragraphs 42,45 and 51 were removed form the appeal.
Aitzaz Ahsan said he was appearing before the CJ after four years. “You had taken part in the the movement in your personal capacity,” Justice Anwar Zaheer Jamali remarked.
Ahsan said that not prime minister but Yousuf Raza Gilani will have to go to jail. He said he did not want confrontation between state institutions.
He said that his client should be given benefit of doubt. “How many options do you have. the case has entered in final phase,” Justice Saqib Nisar said. He said the prime minister’s conduct would be very important in cumming days.
Aitzaz said the seven member bench had used very strict language in its six options. He also read the bench order regarding President Asif Ali Zardri’s interview to a private television.
Cheif Justice said court options were for its itself not for anybody else. He said that whatever was told Hamid Mir in the TV interview was a reality and it was not denied by anyone. He said that the president had said letter would not be written to Swiss authorities. “How could we move forward in this situation,”.
“We will terminate the proceeding now if letter is written,” CJ remarked. He said the PM had no right to ridicule the court.

Contempt case hearing against Babar Awan adjourned till Feb 20


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ISLAMABAD: The Supreme Court of Pakistan on Thursday adjourned the hearing of Contempt of Court case against the Vice-President of Pakistan Peoples Party (PPP), Babar Awan till February 20.
According to our correspondent Babar Awan appeared before the three member bench headed by Justice Asif Khosa. Awan told court that he did not mean to ridicule the court in the press briefing.
Babar further told the bench that his lawyer Ali Zafar was out of Pakistan and he would came till February 13 while in the meantime he will have to travel to Lahore on February 16 and 17 to submit his papers for the Senate Elections therefore the hearing should be adjourned till February 20.
The three member bench after listening to his arguments adjourned the hearing till Feb 20.

Gilani's intra-court appeal also in contempt of court, says CJ


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ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry, heading the eight-member hearing Prime Minister Yousaf Raza Gilani’s intra-court appeal on Thursday, remarked that the appeal itself was in contempt of the court.
Barrister Aitzaz Ahsan, representing Prime Minister Gilani in his contempt of court case, appeared before Chief Justice Iftikhar Muhammad Chaudhry nearly after five years.
During the hearing, Justice Saqib Nisar directed Ahsan to remove ‘objectionable’ paragraphs from his appeal.
The chief justice questioned Ahsan on how he could include paragraphs in his appeal which say that the contempt case cannot be initiated against a prime minister who helped in restoring the judges.
Ahsan, in reply, said that even if a contempt case was initiated against him, keeping in view his struggles for the restoration of the judges, he would have taken the same stance.
However, three objectionable points from the intra-court appeal were removed on the court’s insistence.
The eight-judge bench appeared intransigent that the government must respond to its request in December 2009 to re-open corruption cases.
President Asif Ali Zardari and his late wife, prime minister Benazir Bhutto, were suspected of using Swiss bank accounts to launder about $12 million in alleged bribes paid by companies seeking customs inspection contracts in Pakistan in the 1990s.
The chief justice insisted the prime minister should have taken the initiative in re-opening those cases. The court said it had shown patience in the two years and three months since it ordered that the matter be taken up with the Swiss.
Ahsan pointed out that the Swiss authorities had themselves closed the cases in 2008, when Zardari took office, on the grounds of immunity, and that there was no third party to claim the funds.
“The prime minister should not be the person to undermine any institution. This money will not come to our pockets. Actually it is the nation which wants this money,” the chief justice said.
The bench was formed on Wednesday after Ahsan filed an appeal in the Supreme Court against its order of filing charges against the prime minister.
None of the seven judges, who had summoned the prime minister on February 13 for the framing of charges, are part of the bench hearing appeal against their order.

Pakistan al Qaeda chief killed by US drone: Officials


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MIRANSHAH: US missiles on Thursday killed al Qaeda’s chief in Pakistan, one of the Americans’ main targets and wanted for attacks that killed scores of people, officials said.
Badr Mansoor, who reputedly sent fighters to Afghanistan and ran a training camp in North Waziristan, was killed in a pre-dawn drone strike on a compound near the Afghan border, Pakistani officials and a member of his group told AFP.
“He died in the missile attacks overnight in Miranshah. His death is a major blow to al Qaeda’s abilities to strike in Pakistan,” a senior Pakistani official told AFP, speaking on condition of anonymity.
His death was confirmed by one of his loyalists.
“Badr Mansoor was killed in the missile attack,” a militant among his group confirmed by telephone.
Intelligence officials in North Waziristan said Mansoor had been killed, but other Pakistani officials were divided.
“We’re not sure. We cannot give confirmation just like that,” one of them told AFP on condition of anonymity.
A US drone attack had targeted a militant compound killed four insurgents in North Waziristan, early morning on Thursday, security officials had said.
Two missiles hit the compound located in Miranshah, the main town in North Waziristan, near the Afghan border, a security official had said.
“A US drone fired two missiles at a compound used by militants in Miranshah and four militants have been killed.”
The incident and death toll were confirmed by intelligence sources.
“Taliban fighters had started hiding here in rented buildings and those killed are believed to be militants,” one official said, requesting anonymity because he is not authorised to speak to the media.
Officials said the death toll could rise because of damage to buildings next to the one targeted by the drone.
This strike followed a drone attack, earlier, on Wednesday on a compound in Tappi, 10 kilometres (six miles) southeast of Miranshah, which security officials said killed 10 insurgents.
Several militant groups, including the Afghan Taliban and al Qaeda, have a presence in Pakistan’s border tribal regions, taking advantage of a porous border with Afghanistan to conduct cross-border attacks, or plot violence elsewhere.
North Waziristan is also an important base for the al Qaeda-linked Haqqani network, an Afghan militant faction allied with the Taliban.
While the Haqqanis say they no longer need havens in North Waziristan and stay in Afghanistan, they are known to still maintain a presence in the Pakistani border region.

Memogate: Commission laments wastage of time due to Ijaz's absence


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ISLAMABAD: Justice Qazi Faez Essa, during the Memogate hearing in the Islamabad High Court on Thursday, said that if it was told earlier that Mansoor Ijaz will not be coming to Pakistan, then it would have not only saved time but also resolved the case.
The judicial commission probing the Memogate scandal resumed the hearing today.
Ijaz’s counsel Akram Sheikh said that he was appearing before the court “voluntarily” and that the court, according to Pakistani laws, does not hold the authority to summon Ijaz.
He said that if Ijaz comes to Pakistan, the Parliamentary Committee on National Security would also summon him, in reply to which Justice Essa said, “Now you are taking a U-turn.”
Justice Essa added that earlier, security was being made an issue and now the parliamentary committee.
Sheikh prayed to the court that the location for recording Ijaz’s statement be changed to Zurich or London from Dubai. Justice Essa questioned that what is the guarantee that if the court’s representatives go abroad, Ijaz will have his statement recorded.
Ijaz has been summoned by the parliamentary and judicial commissions investigating the case, and has twice refused to come to Pakistan despite assurances of proper security.
In the request, Sheikh had said that Ijaz has a security threat if he comes to Pakistan and there is also the danger that he might be arrested on false charges or evidence might be taken away from him.

Human rights abuses: US committee hears grievances of Balochistan


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WASHINGTON: In the packed Room 2200 of the Rayburn Office Building, members of the House Foreign Affairs’ Subcommittee on Oversight and Investigations began hearing human rights activists and scholars detail human rights abuses in Balochistan.
The hearing chaired by Congressman (R) Dana Rohrabacher, who last week introduced a bill in the House of Representatives to award Dr. Shakil Afridi with US citizenship. In his opening remarks, Rep. Rohrabacher said that Balochistan is a turbulent land marred by human rights violations “by regimes that are against US values”.
Rep. Rohrabacher outlined the history of Pakistan’s creation, and highlighted Balochistan’s grievances vis a vis natural resources, said that the province’s wealth was being taken by dominant Punjabi elite.
Addressing the committee, scholar Christine Fair said that while she understood emotions ran high, targeted killings were also being carried out by the Baloch.
In his submitted testimony to the committee, Amnesty International’s Advocacy Director T. Kumar called on the US to “apply the Leahy Amendment without waivers to all Pakistani military units in Balochistan.”
Ali Dayan Hasan, the Pakistan director for Human Rights Watch, in his submitted remarks, said that cases documented by the HRW show that Pakistan’s security forces and its intelligence agencies were involved in the enforced disappearance of ethnic Baloch. The HRW representative asked the US government in his recommendations to “communicate directly to the agencies responsible for disappearances and other abuses including the army, ISI, IB, Frontier Corps, police and other law enforcement and intelligence agencies, to demand an end to abuses and facilitate criminal inquiries to hold perpetrators accountable.”
Hasan dubbed the military’s role in the province as brutal, and an occupying one. He clarified that the HRW took no position on the issue of the independence of Balochistan. He argued that the US and UK had made enforced disappearances possible by allowing them during the war on terror, which has led to the military doing the same. Christine Fair added that Pakistan’s abuse of human rights have served the US’ interests.
In his testimony, analyst Ralph Peters called Pakistan a supporter of terrorism, and said that Pakistan had made the US complicit too by launching attacks against India such as the Mumbai attack.
The hearing, which lasted a little over an hour, came to an end as congressmen decided to go to the floor for a vote. In his closing remarks, Rep. Rohrabacher declared that the hearing was no stunt, and that they wanted to start a national dialogue on what US policy should be in that part of the world.
State Department distances itself from Balochistan hearing
When asked about the Congressional hearing on Balochistan, State Department spokesperson Victoria Nuland said that their view on Balochistan remains unchanged. “Congress holds hearings on many foreign affairs topics. These hearings don’t necessarily imply that the US Government endorses one view or another view. I’d underscore that the State Department is not participating or involved in this hearing today.”
The spokesperson referred to comments she had made recently on Balochistan on Twitter, “We emphasise that the United States engages with Pakistan on a whole range of issues, including ways to foster economic development and expand opportunity in
Balochistan.”
When asked whether the US supports a demand for an independent Balochistan, Nuland said, “Our view on this has not changed, and you know where we’ve been on Balochistan. We encourage all the parties in Balochistan to work out their differences peacefully and through a valid political process.”

US drone kills al Qaeda leader in Pakistan: officials


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ISLAMABAD: US missiles on Thursday killed al Qaeda’s chief in Pakistan, one of the Americans’ main targets and wanted for attacks that killed scores of people, officials said.
Badr Mansoor, who reputedly sent fighters to Afghanistan and ran a training camp in North Waziristan, was killed in a pre-dawn drone strike near the Afghan border, Pakistani officials and a member of his group told AFP.
“He died in the missile attacks overnight in Miramshah. His death is a major blow to al Qaeda’s abilities to strike in Pakistan,” a senior Pakistani official told AFP, speaking on condition of anonymity. His death was confirmed by one of his loyalists.
“Badr Mansoor was killed in the missile attack,” a militant among his group confirmed by telephone.
Intelligence officials in Miramshah, the main town of North Waziristan, said Mansoor had been killed, but other Pakistani officials were divided.
“We’re not sure. We cannot give confirmation just like that,” one of them told AFP on condition of anonymity.
Four militants were reported killed in the pre-dawn drone strike, which targeted a compound in Miranshah, the main town of North Waziristan.
The senior Pakistani intelligence official described Mansoor as the “de facto leader of al Qaeda in Pakistan” after his predecessor, Ilyas Kashmiri, was reported killed in a drone strike last June.
Unlike Kashmiri, who had a $5 million bounty on his head, Mansoor is not listed on the US State Department Rewards for Justice list.
There was no immediate confirmation of his death from the United States. But one Western counter-terrorism expert described Mansoor as the local chief of al Qaeda and one of the Americans’ chief targets in Pakistan.
“If it’s true, this is very good news for the anti-terrorism fight, and this was very important for both the US and Pakistan,” the official said.
He called Mansoor al Qaeda’s go-between with Pakistan’s umbrella Taliban movement and a member of al Qaeda’s leadership shura in Pakistan.
Officials said Mansoor was responsible for attacks in Karachi and on the minority Ahmadi community that killed nearly 100 people in Lahore in May 2010.
Aged about 40 and from Dera Ghazi Khan in Punjab province, he moved to Miramshah several years ago to set up his own training camp.
“Western officials believed he was involved in sending fighters to Afghanistan,” the senior Pakistani official told AFP.

10 lawmakers facing graft cases


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ISLAMABAD: Interior Minister Rehman Malik is one of 10 parliamentarians against whom cases of corruption are pending in various courts, the National Assembly was informed on Wednesday.
In reply to a question asked by Tasneem Siddiqui of the PMLN, Minister for Law, Justice and Parliamentary Affairs Moula Bukhsh Chandio told the house that 10 members of parliament were yet to get their names cleared from charges of corruption.
According to the law minister, corruption cases against three legislators were closed during the past few years.
Makhdoom Javed Hashmi, who has recently resigned from the National Assembly and joined the Pakistan Tehrik-i-Insaaf, has a corruption case pending in the Lahore High Court.
A case against the interior minister is pending in the Supreme Court.
The written reply didn’t include details of the charges.
Mr Malik wasn’t available to explain the nature and status of his case.
However, Mr Hashmi told this reporter that false cases had been framed against him during the regime of Gen Pervez Musharraf. He was accused of keeping more assets than his known means which he successfully fought against in the court.
According to Mr Hashmi, he was acquitted in the case in April 2008. He expressed shock over the inclusion of his name in the list.
Other lawmakers facing cases are former interior minister Aftab Ahmad Sherpao in the Supreme Court, PPP MNA NawabYousuf Talpur in LHC’s Rawalpindi bench, PML-N MNA Hamza Shehbaz Sharif in the same bench,
PML-N MNA Rana Nazir Ahmad in an accountability court, PPP MNA Tariq Anees in an accountability court, PPP Senator Malik Salahuddin Dogar in the LHC, independent MNA Zafar Baig Bettani in the Peshawar High Court, JUI Senator Ghulam Ali in the PHC and PPP MNA Ghulam Ali Nazamani in an accountability court.
The lawmakers against whom charges of corruption have been dropped are MNA Khawaja Saad Rafique of the PML-N, MNA Anwar Ali Cheema of the PML-Q and Production Minister Mian Mohammad Asif.