Dr Mubashir Hassan's Perpetual Itch to Enforce Article 62 and 63.

2013 - ISLAMABAD: A three-judge bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing the petition filed by Dr Mubashir Hassan against ‘pre-poll rigging’ here on Tuesday. During today’s proceedings, the Chief Justice remarked that the main objective of the petition is to ensure the implementation of Article 62 and 63. The court has already ordered to provide the voters access to the candidates’ data and sought advice over the steps that can be taken in this regard. The CJ continued saying that the court can neither legislate nor can issue SOPs. The court is unaware of the objections that a voter can raise over the candidates. Orders were also issued in the dual nationality case. The condition of holding a degree has also been quashed this time that was mandatory earlier. Azhar Siddique, one of the lawyers representing Dr Musbashir Hassan, said that the Election Commission of Pakistan (ECP) is giving false information about the verification of the degrees as revealed by the Higher Education Commission (HEC). On this, the CJ remarked that whether the ECP should conduct elections or attend court proceedings. He asked to identify the persons about who the commission had provided wrong information so that the court could summon them. Chief Justice Iftikhar Chaudhry further said that the ECP knows better how to implement Article 62 and 63. Dr Mubashir Hassan’s counsel AJ Dogar contended that the SC, in its July 31 order, had declared November 3 steps taken by former president General (retd) Pervez Musharraf as null and void. He violated the constitution but now he is preparing to contest in the elections. On this, the CJ said that objection should be raised from where Musharraf is submitting the nomination papers. The court, then, adjourned the hearing for one week. On Tuesday, Chief Justice Iftikhar Muhammad Chaudhry had remarked that the election process has begun and there should be no interference in it. In his petition‚ Dr Mubashir Hassan had stated that 50 billion rupees are being used to rig the elections. He said that former prime minister Raja Pervez Ashraf had used discretionary fund worth 37 billion rupees for the purpose. The petition further contended that the step of Punjab Chief Minister Shahbaz Sharif to regularize 100‚000 contract employees is also pre-poll rigging. The petition sought declaration of the appointments and actions null and void to ensure free and fair election

Dr Mubashir Hassan was performing Fellatio on Zulfikar Ali Bhutto during this:) 

 Two points must be noted. The terms of reference covered the west also, on which the Supplementary Report is totally silent. It was, presumably, dealt with in the Main Report. Secondly, the entire political and military background preceding the surrender in the east and ceasefire in the west is excluded. A lot had happened, diplomatically and militarily since the Pakistan Army's brutal crackdown in Dhaka on March 25, 1971, to go no further. Involved principally were Gen. A.A.K. Niazi, Commander, Eastern Command, as well as the Zonal Martial Law Administrator. Major-General Rao Farman Ali was military adviser to the Governor. Niazi took over the job on April 4, 1971 from Lt. Gen. Tikka Khan who was responsible for the crackdown on March 25. He had repla ced Lt. Gen. Yaqub Khan, who, being this honourable man that he is, had resigned on March 7. Bhutto made Tikka Khan Army Chief shortly after he became President. Farman Ali was reputed to be the brains behind the killing of Bengali intellectuals. He was exonerated by the Commission. So was Tikka Khan. At the apex stood Gen. M. Yahya Khan, the Martial Law Administrator who had staged a coup against Ayub Khan in 1969. Niazi was the last of the POWs to be repatriated to Pakistan on April 30, 1974. The Inqu iry was reopened on May 25. The Commission was headed by the Chief Justice of Pakistan, Justice Hamoodur Rahman. The other members of the Commission were Justice S. Anwarul Haq, Chief Justice of the Punjab High Court, and Justice Tufail Ali Abdur Rahman, Chief Justice of Sind and B aluchistan High Court, Lt. Gen (Retd.) Altaf Qadir and M.A. Latif, Assistance Registrar of the Supreme Court of Pakistan and Military Adviser and Secretary of the Commission, respectively. The government had decided to repatriate all Bengalis to Bangladesh. Justice Hamoodur Rahman, a Bengali, was spared. Allegedly, his son, a Major in the Army, was not being cleared for repatriation. Anwarul Haq was elevated to the Supreme Court by the tim e the inquiry was reopened in 1974. A.T. Chaudhuri, one of Pakistan's most intrepid journalists, wrote a revealing article on the Commission in Dawn (July 23 and 26, 1986). It was "based on incontrovertible evidence gathered from and corroborated by several sources. The object is to bring out how a democratic regime accountable to the people tried to muzzle and sweep under the carpet the report of a high-powered commission it had itself set up... "One can say, on the authority of unimpeachable sources, that the probe body was specifically told to confine its investigation to the 'military debacle' and not to delve into the 'causes of surrender', notably its political background. Chief Justice Ham oodur Rahman is believed to have pleaded for the enlargement of the terms of reference to enable him to look into the 'totality of the situation' before the traumatic fall of Dhaka. But he was firmly directed not to burn his fingers with the political ne ttle. The implication was clear." The Commission was "saddled with a former Defence Secretary". Lt. Gen. Altaf Qadir and another high-ranking officer who was the author of Pakistan Army and who had close links with the regime in power. Neither Yahya Khan nor Bhutto was examined though the former submitted a written statement to the Commission (Khabrain; July 15-16, 1994). The Supplementary Report reveals that, like the Main Report, it was tailored to Bhutto's needs. "After analysing the evidence brought before the Commission, we came to the conclusion that the process of moral degeneration among the senior ranks of the Ar med Forces was set in motion by their involvement in Martial Law duties in 1958, that these tendencies reappeared and were, in fact, intensified when Martial Law was imposed in the country once again in March 1969 by General Yahya Khan, and that there wa s indeed substance in the allegations that a considerable number of senior Army Officers had not only indulged in large-scale acquisition of lands and houses and other commercial activities, but had also adopted highly immoral and licentious ways of life which seriously affected their professional capabilities and their qualities of leadership." Tikka Khan, "the butcher", was not only exonerated of all charges but was praised: "always willing to redress grievances." Figures of the killings provided by the Army HQs (that is, Tikka Khan) were readily accepted. "Indian infiltrators and members of M ukti Bahini sponsored by the Awami League continue (even after March 25, 1971) to indulge in killings, rape and arson". Read this: "We consider, therefore, that unless the Bangladesh authorities can produce some convincing evidence, it is not possible to record a finding that any intellectuals or professionals were indeed arrested and killed by the Pakistan Army during December 1971." REFERENCE: Lies and war histories A post-script on the Hamoodur Rahman Report.