Page 15 - Pakistan Link - October 18, 2019

PAKISTAN OCTOBER 18, 2019 – PAKISTAN LINK – P15
Pakistan Must Prevent Militants from Six New Laws to Be Promulgated

Operating on Its Soil: US through Presidential Ordinance

mand since July, a move previously
welcomed by US President Donald
Trump who wants Pakistan to do
more to crack down on militancy.
The recent arrests come ahead
of a meeting next week of the Fi-
nancial Action Task Force (FATF), a
global watchdog, which will review
progress made by Pakistan on con-
trolling terror financing and money
laundering.
Pakistan, included on a grey list
compiled by the FATF, has been un-
der increasing pressure to stop the
financing of militant groups.
The recently released final Mu-
tual Evaluation Report of the Asia
Pacific Group (APG) says Pakistan
Alice Wells says US welcomes arrest of four LeT leaders, wants them and Hafiz Saeed to face faces high risks of money launder-
prosecution. PHOTO: FILE
ing and terror financing and it needs Ministry of Law and Justice PHOTO: FILE
to improve the understanding of
Washington, DC: The United them and LeT leader Hafiz Saeed to these risks that are also emanating
States has appreciated Pakistan’s ef- face prosecution for their “vicious from various terrorist groups oper- Islamabad: Yet another concern task force regarding legal reforms,
forts to curb militancy but remind- attacks”. ating in the country. has arisen over bypassing the parlia- which was to recommend laws to
ed Islamabad that it must do more Wells added that Prime Minis- The APG on Money Launder- ment for new law-making after the mitigate miseries of people.
to prevent militants from operating ter Imran Khan has vowed to pursue ing released its report 10 days before government decided to bring about The summary stated that four
within its borders. action against all militant groups the Financial Action Task Force’s a presidential ordinance for six new new law bills had been introduced
The statement from Alice and that “Pakistan, for its own fu- plenary meeting, which is going to laws. in the National Assembly. All these
Wells, the acting assistant secretary ture, must prevent militant groups give its decision on Pakistan’s status The Ministry of Law has sent a four bills have been pending in the
of the US State Department’s Bureau from operating on its soil.” on its grey list. summary to the federal cabinet for Standing Committee for Law and
of South and Central Asian Affairs, The reminder from Washing- After the APG report, chances the approval of six new ordinances, Justice, while two amendment bills
came via Twitter early on Sunday ton comes on the heels of Thursday’s are high that Pakistan would be re- which will be presented in a meeting related to National Accountability
morning. arrest of four aides of Hafiz Saeed on tained on the grey list during the on Monday. Bureau (NAB) have also been pre-
She said Washington welcomes terrorism financing charges. FATF plenary meetings from Octo- The Ministry of Law has rec- pared. The cabinet had directed the
Pakistan’s recent arrest of four Lash- Saeed, arrested on the same ber 13 to 18 in Paris. ommended that six new laws be law minister to present recommen-
kar-e-Taiba (LeT) leaders and wants charges, has been on judicial re- implemented immediately through dations for the implementation of
the presidential ordinance. laws.
Govt Wants Subservient Judiciary, heritance Certificate Bill 2019 and law ministry had suggested that the
According to the summary, In-
According to the summary, the
Says Faez Isa Women’s Inheritance Rights Bill process of formulating laws in the
2019 will be introduced through the
parliament would take a lot of time.
ordinance. Therefore, it had recommended the
number of tests to establish benami Legal Aid and Justice Authority implementation of six new laws
ownership, but in the present case Act 2019 will also be implemented through a presidential ordinance.
not even a single component was through the ordinance, while Supe- A legal aid authority will be
met, the rejoinder contended. There rior Courts Order Bill 2019 is also formed for the needy and poor peo-
was not an iota of evidence to prove included in the new laws. ple, while a bill to issue inheritance
that the petitioner judge had paid for Apart from these, Benami certificate within 15 days will also be
the purchase, let alone established Transaction Amendment Bill 2019 brought through the ordinance.
that. No reason was ever given why and NAB Amendment Bill 2019 will The law regarding the plea bar-
the petitioner judge would resort to also be implemented through an or- gain of NAB will also be amended.
buying properties in the name of his dinance. A law regarding the conduct
wife and adult-children, the rejoin- According to the documents and dress of lawyers in the Supreme
der questioned. available with The Express Tribune, Court and High Courts will also be
If the petitioner judge and his the federal cabinet had formed a amended.
wife’s income tax filings could be
publicly displayed, then the govern-
ment/FBR had no immunity to keep (ARU) to legitimize the same. pointed out.
hidden the prime minister’s income Neither the ARU nor its chair- Moreover, the president had to
tax returns and wealth statements, man had any constitutional authority perform such functions after appli-
Supreme Court judge Justice Qazi Faez Isa files rejoinder in response to allegations as SC set to the rejoinder observed, also alleging to receive a complaint of misconduct cation of his own independent mind
take up petitions against reference today. — Screengrab/File that the prime minister was seeking against superior court judges, the as mere and singular advice of the
immunity under Article 248 of the rejoinder emphasized, nor did they prime minister was insufficient, the
Islamabad: Justice Qazi Faez Isa them and exposing them to danger, Constitution despite knowing that have any constitutional authority to rejoinder said.
has informed the Supreme Court it alleged. the income tax returns and wealth direct any investigation, verification The rejoinder argued that the
that the federal government has re- Creating such an environment statements of any person could not or collection of material. The ARU petitioner judge could not be com-
sorted to bald-faced lies and blatant through deception, guile and domi- be hidden under the cloak of consti- and its chairman had no legal author- pelled to provide information about
inventions to defame and scandalize nance, the government’s team was tutional immunity. ity to initiate investigation or scrutiny the properties independently owned
a superior court judge by accusing attempting to destroy the indepen- Moreover, the federal govern- of any person whatsoever (much less by his wife and children particularly
him of possessing “benami” prop- dence of the judiciary, the rejoinder ment embarked upon a roving ex- a Supreme Court judge), nor could when his wife and adult children
erties abroad when the reference feared. pedition to fish out the petitioner’s they direct any agency or department were not his dependents and conduct
against him contains no such allega- The petitioner judge said he income tax returns for ascertaining to share any confidential data about their own affairs independently.
tions. was under no obligation to declare his income over the years and suf- the petitioner or his family, the re- The fact that nothing was en-
The government’s team first the income or assets or money trail ficiency of tax-paid (white) money joinder argued. quired from the owners of the prop-
painted a target on the petitioner’s of his independent wife and chil- to buy these properties, but presum- It was admitted that neither the erties confirmed that they were sat-
back but when it did not work, they dren since Pakistani law did not ably found no discrepancy. It was president, nor the prime minister or isfied with their financial affairs, but
stooped to target his family and ex- conflate the identities of different also not mentioned that subsequent the cabinet had ever authorized the he was targeted for obvious mala fide
posed them to danger, the rejoin- family members merely on account to the purchase of the properties, collection or verification of material reasons with the pre-planned ulterior
der filed by the petitioner judge in of their kinship. the petitioner received any rent, the in relation to the reference against the objective to remove him, Justice Isa
response to government allegations A full court bench of the apex rejoinder explained, adding that in petitioner, the rejoinder contended. observed.
said, adding that this was a demon- court was due to resume hearing of other words, the federation did not The petitioner judge explained The rejoinder recalled that the
strable fact showing malice, mala a set of petitions against the presi- have even a fig-leaf of a benami case that filing of a reference against a Attorney-General was a constitution-
fide, ulterior motives and victimiza- dential reference from Monday. against him. judge was an executive function and al office holder but unfortunately the
tion. Authored by his counsel The information forming basis the same was to be exercised by the AG voluntarily assumed (in his own
The objective of the govern- Muneer A. Malik, the petitioner of the reference, the rejoinder said, cabinet collectively. The president’s reply filed before the SJC) the role of
ment’s team was to ensure subservi- judge furnished two rejoinders to was gathered through covert sur- opinion and actions under Article a prosecutor and persecutor of the
ence of judges, failing which judges rebut the allegations levelled by the veillance by different government 209 were to be formed and exercised petitioner judge. It was unfortunate
and their families would be put un- federal government in its reply and agencies and a proxy complain- as per the advice of the cabinet un- that the SJC nevertheless considered
der surveillance, information about those on behalf of the Supreme Ju- ant was subsequently set up and a der Article 48 of the Constitution. it appropriate to be represented in
their families would be gathered dicial Council. sham investigative exercise was car- But the same was admittedly lack- the current petition through him,
illegally to defame and victimize The law of benami set out a ried out by the Asset Recovery Unit ing in the present case, the rejoinder the rejoinder added.
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