Pakistan's high court acquits Nawaz Sharif

[qsaark]

The ‘hijacking case’ was the primary reason for which the former Dictator General Perwaiz Musharraf deposed the democratically elected Primer Minister Nawaz Sharif and his government. Since the Supreme Court of Pakistan has now acquitted the former PM from the charges of the ‘hijacking case’, it would be interested to see, what happens next. Two questions have been asked repeatedly in regard to the hijacking case by the honourable members.

1. Did the Prime Minister have the authority to divert an airplane?
2. Why did the Prime Minster endanger the lives of PIA Flight No. PK-805?


Lets start with the question whether the PM has an authority to divert a plain. As per Section 6 of the Civil Aviation Ordinance, 1960, the PM and the Minister of Defense have the authority to divert an airplane to another airport, within or outside the country. PM Nawaz Sharif also held the office of Minister of Defense.

“…….In the event of war or other emergency, or in the interests of public safety or tranquility, if the Federal Government is of opinion that the issue of all or any, of the following orders is expedient, it may, by notification in the official Gazette……
(a) …………………………………………………………………
(b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be specified in the order, the flight of all or
any aircraft or class of aircraft over the whole or any part of Pakistan;
(c) …………………………………………………………………
(d) ………………………………………………………………”(Page 21).

The former dictator and his supporters also argued that the former PM ordered the plane not to land thus endangering the lives of the passengers and the COAS on board. First of all there was no COAS on board; he was a dismissed/retired COAS, a civilian. Second, the orders were not to keep the airplane in the air until all the fuel is consumed and airplane hits the ground. In fact Mr. Amin ullah Choudhary, DG CAA, and an approver said that after informing the Prime Minster (through his ADC) that the plane was low on fuel, PM allowed the plane to land on the Karachi or Nawab Shah Airport but not to let any passenger disembark and plane must be refueled and send to any other destination (Page 20, 40). In fact, the argument that the plane was low on fuel also does not hold water. It is established on the record that that both pilot Sarwat Hussain and his aircraft, were under the control of General retired Pervez Musharraf, under whose instructions the pilot was ignoring the direction of the ATC and was refusing to return and land at Karachi thus wasted valuable time and fuel (Page 32). The Pilot was instructed to get his plane re-fueled at Nawab Shar Airport at about 6:15 p.m., almost an hour and half before the plane eventually landed Karachi. It is, therefore, not difficult to conclude that in view of the PMs instructions regarding refueling at Nawab Shah, the Pilot was under no threat on account of shortage of fuel (Page 43).

 

[Xeric]

The ‘hijacking case’ was the primary reason for which the former Dictator General Perwaiz Musharraf deposed the democratically elected Primer Minister Nawaz Sharif and his government. Since the Supreme Court of Pakistan has now acquitted the former PM from the charges of the ‘hijacking case’, it would be interested to see, what happens next. Two questions have been asked repeatedly in regard to the hijacking case by the honourable members.

1. Did the Prime Minister have the authority to divert an airplane?
2. Why did the Prime Minster endanger the lives of PIA Flight No. PK-805?


Lets start with the question whether the PM has an authority to divert a plain. As per Section 6 of the Civil Aviation Ordinance, 1960, the PM and the Minister of Defense have the authority to divert an airplane to another airport, within or outside the country. PM Nawaz Sharif also held the office of Minister of Defense.

“…….In the event of war or other emergency, or in the interests of public safety or tranquility, if the Federal Government is of opinion that the issue of all or any, of the following orders is expedient, it may, by notification in the official Gazette……
(a) …………………………………………………………………
(b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be specified in the order, the flight of all or
any aircraft or class of aircraft over the whole or any part of Pakistan;
(c) …………………………………………………………………
(d) ………………………………………………………………”(Page 21).

The former dictator and his supporters also argued that the former PM ordered the plane not to land thus endangering the lives of the passengers and the COAS on board. First of all there was no COAS on board; he was a dismissed/retired COAS, a civilian. Second, the orders were not to keep the airplane in the air until all the fuel is consumed and airplane hits the ground. In fact Mr. Amin ullah Choudhary, DG CAA, and an approver said that after informing the Prime Minster (through his ADC) that the plane was low on fuel, PM allowed the plane to land on the Karachi or Nawab Shah Airport but not to let any passenger disembark and plane must be refueled and send to any other destination (Page 20, 40). In fact, the argument that the plane was low on fuel also does not hold water. It is established on the record that that both pilot Sarwat Hussain and his aircraft, were under the control of General retired Pervez Musharraf, under whose instructions the pilot was ignoring the direction of the ATC and was refusing to return and land at Karachi thus wasted valuable time and fuel (Page 32). The Pilot was instructed to get his plane re-fueled at Nawab Shar Airport at about 6:15 p.m., almost an hour and half before the plane eventually landed Karachi. It is, therefore, not difficult to conclude that in view of the PMs instructions regarding refueling at Nawab Shah, the Pilot was under no threat on account of shortage of fuel (Page 43).

What are you talking about?

In the event of war or other emergency, or in the interests of public safety or tranquility, if the Federal Government is of opinion that the issue of all or any, of the following orders is expedient, it may, by notification in the official Gazette……

Event of war, public safety, tranquility...how PK-805 was by any means befitting these criterias/events that merited its diversion and/or was not permitted to land?

 

[qsaark]

What are you talking about?

In the event of war or other emergency, or in the interests of public safety or tranquility, if the Federal Government is of opinion that the issue of all or any, of the following orders is expedient, it may, by notification in the official Gazette……

Event of war, public safety, tranquility...how PK-805 was by any means befitting these criterias/events that merited its diversion and/or was not permitted to land?

Please read the Jurisdiction, there is ample description of the circumstances favored the execution of authority given under section 6 of the Civil Aviation Ordinance 1960. Read from page 22 to 37.

 

[Xeric]

Please read the Jurisdiction, there is ample description of the circumstances favored the execution of authority given under section 6 of the Civil Aviation Ordinance 1960. Read from page 22 to 37.

i am not a Law student nor i want to be one, so thanks.

The only thing i know is that we were NOT at War nor was there any unrest which warranted the PM to screw up!

 

[qsaark]

i am not a Law student nor i want to be one, so thanks.

The only thing i know is that we were NOT at War nor was there any unrest which warranted the PM to screw up!

Neither am I a law student. The Jurisdiction is written in simple English, and if you read it, you will have no problem understanding it. At any rate, in my spare time, I'll go through it and try to summaries it for you. In the jurisdiction, the complete time line is given i.e. at what time the notification of Musharraf's retirement was released, when General Butt assumed the post of the COAS, when the renegade Generals started taking control of the TV, and the Airport and when the PM executed the powers he had under the section 6 of the Civil Aviation Ordinance, 1960. Things have to be read and understood in context, and that is why I urge people to read the full jurisdiction first hand.

 

[forcetrip]

have u guys notices how gud we are at mudslinging when we cant prove our point.
when some of us cant defend musharraf they bring in Zia, Nawaz, Zardari. ok agreed they all were wrong. so will u agree that musharraf was wrong as wel

Believe me I am no Musharaff supporter. But how can you defend this CJ and his croonies. How has everyone forgotten what these people did? For a democracy to prevail we need to erradicate people that think that free governance just appears if you rob this country worse than the people that did before. It is you that give birth to Dictatorships. NS bought his freedom by betting on a losing horse from the start. It paid off .. Good for him and Laanat on anyone that supported the CJ

 

[qsaark]

Believe me I am no Musharaff supporter. But how can you defend this CJ and his cronies. How has everyone forgotten what these people did?

Did what?

For a democracy to prevail we need to eradicate people that think that free governance just appears if you rob this country worse than the people that did before.

Was that Musharraf or the honorable CJP who came up with the idea of NRO?

It is you that give birth to Dictatorships. NS bought his freedom by betting on a losing horse from the start. It paid off .. Good for him and Laanat on anyone that supported the CJ

Dude prove your points with evidence. If you have none, which indeed you have none, than don’t waste the bandwidth of the forum. And keep comments like "Laanat on anyone that supported the CJ" with you because the same language can be used against those who supported and still support the dictators and dictatorships.

 

[forcetrip]

I think I have said enough. I guess I will wait till the next flip flop happens. And you insult every member that still lives in this country and is suffering under this grossly mismanged goverment when you ask what they did. Acting smart is probably not your forte.

 

[qsaark]

I think I have said enough. I guess I will wait till the next flip flop happens. And you insult every member that still lives in this country and is suffering under this grossly mismanged goverment when you ask what they did. Acting smart is probably not your forte.

I don’t know why are you under the impression that we who live in abroad are not concerned about Pakistan. I may be living here, but my whole family and my parents are still in Pakistan. Anything that happens in Pakistan and affects our families also affects us. However, unlike you, I believe in democracy. Democracy is a slow and inefficient process no doubt, but this indeed is the only form of government which offers some degree of accountability. I understand your emotions, but please, don’t let your emotions blur your vision. In 62 years, we have tried every form of government and time has proven that dictatorship did not do any better for this country as compared to the so-called democracy. Today the world has become a global village, and we like it or not, we have to live with others. Countries run under dictatorships are not respected in the international community and are extremely prone to international interventions in their national matters.

 

[forcetrip]

Democracy is a slow and inefficient process no doubt, but this indeed is the only form of government which offers some degree of accountability. I understand your emotions, but please, don’t let your emotions blur your vision. In 62 years, we have tried every form of government and time has proven that dictatorship did not do any better for this country as compared to the so-called democracy. Today the world has become a global village, and we like it or not, we have to live with others. Countries run under dictatorships are not respected in the international community and are extremely prone to international interventions in their national matters.

This is the first realistic post I have read regarding the justice system from you. The only problem I have with the people you are defending is cause you would not like to see military rule. The beliefs I have suffers under military rule as well. But to save this country from crooks we need some sortve protection from them, and unfortunately for us it is the military. We cannot keep putting these people into power that keep dragging us into further oblivion internationally. Dont protect henchmen in the name of democracy. I like a democratically
elected government of COMPETANT people. It is extremely counter productive when you suggest that what is happening in the courts right now has anything to do with democracy. They will be getting away with murder next. I would like to see musharaff on trial, but not by this sold out crowd. Like you said we have tried everything and I am afraid I do not see a solution to making this country a competant nation.

 

[qsaark]

Then say it like it is. Dont protect henchmen in the name of democracy. I like a democratically elected government of COMPETANT people. It is extremely counter productive when you suggest that what is happening in the courts right now has anything to do with democracy.

No, I am not protecting nobody. Please browse through my posts, and you’ll learn that I am as much a critic of the corrupt politicians as much of the military dictators. I wish if all of these scum bags are drowned in the Arabian Sea, but you know it is not possible. These are the only politicians that are available to us. And the only possible way of getting rid of this breed is to let the system run for a prolonged period of time. In every election, few better people will come, and few worst will lose. Other democratic countries around the world did not reach to the level of democracy where they are now in overnight. It also took those decades to get their system refined and getting better people.

Musharraf provided he was honest to the country could have introduced a lot of reforms into our political system through force. But he did not do that, instead he seeked help from the same old corrupt politicians. So what to do? One possible way is a bloody revolution which I personally favor. The oppressed people of Pakistan should rise, and cut the throats of the corrupt politicians, renegade Generals, bureaucrats, industrialists, feudal, just like what happened during the French revolution or during the Iranian revolution. Than only than can we expect a change in this country. Another alternative is to let the system run as is, and just do not disturb it over a period of a least 15-20 years that is no ‘active’ military intervention. Now it is up to the masses of the people, what they want. But military rule….. no, it has never brought a positive change and will never bring one.

 

[forcetrip]

Close enough. I think you summed it up. As you said Musharaff did listen to some real stupid people when he tried to bargain with these people. I would probably not vote for him if he comes back as a civilian just because of that. But to throw out a case of hijacking a plane and twist the story to make it that it was him who wanted to endanger his OWN life, just pisses me off.

 

[batmannow]

see that is the reason y we want musharraf to be tried. so that those who wanna use ur article 555 next time also look around their necks before they decide to use it.

try , it thn you will find , by the rule of article "555", whole of the croupt national assembly will be hanged too?
RAPERS, CREDIT CARD CHEATERS, RANSOM KIDNAPERS, THIEVES OF THE NATIONAL WEALTH, & above all, DRAK "JUSTICE CHOWDRY" who went on rampage , the streets of our country & because of tht, at least 30 people killed & god knows how much of the properties were brunt , in his wellcoming to karachi, should be hanged too?

our justice system , is only for rich & croupt elites, thts why a guy like "JUSTICE CHOWDRY' can be made , justice icons!

"JUSTICE CHOWDRY' & HIS SON'S story/ i dont wana waste my time to google it for you.
who gave the money, to the lawyers movment, to establish these, hurrican style movement, really how, they manged it all , i guss it should be investigated tooo?

SEE THTS THE , REASON , I WOULD LIKE TO SEE , ALL OF THEM HANGED!

 

[muse]

IN true Feudal fashion, you realize this means, yes, revenge and perhaps this may be a service to Pakistan, because it's difficultot imagine that the CJP and the super feudal, (village idiot) Nawaz will survive, even if Musharraf does not :



SC set to take Musharraf’s Nov 3 action case




Sunday, July 19, 2009

By Ansar Abbasi

ISLAMABAD: The tough fall from grace of the once invisible Gen (retd) Pervez Musharraf may just get a trifle more painful as a 14-member bench of the Supreme Court is all set to hear a case that would possibly determine the status of his unconstitutional actions of Nov 3, 2007, and slowly tighten the noose around the former dictator.

A 14-member bench of the Supreme Court led by Chief Justice Iftikhar Muhammad Chaudhry and comprising judges none of whom had taken oath under Musharraf’s PCO is taking up on July 20 a constitutional petition of the Sindh High Car Bar vs Federation and two other appeals, all concerning the appointment of judges.

Sources said that the constitutional questions involved in the case are expected to envelop the Tikka Iqbal case decided by Dogar court in favour of Nov 3 unconstitutional action of Musharraf.

Sources in the Law Ministry confided to The News that the upcoming case of judges’ appointment has all the potential to address thorny issues of Nov 3. These sources said that the ousted dictator, who is presently in London, would soon be trembling with fear as the independent judiciary of Pakistan is poised for the first time in our history to question the unconstitutional actions of a uniformed dictator.

An adverse ruling in this case could also have a domino effect in turn fueling other measures of accountability of the ousted dictator. Already demands to try the dictator under Article 6 of the Constitution are on the rise and Nawaz Sharifís acquittal from the plane high jacking case too has given a new impetus to such demands.

Musharraf, intoxicated by his absolute power, had on Nov 3 abrogated the constitution and removed almost 60 judges of the superior judiciary. The dictator did not even give a fig of a cover to Nov 3 historic judgment of seven-member SC bench led by Chief Justice Iftikhar Muhammad Chaudhry, which had declared the Nov 3 PCO as unconstitutional and had nullified it almost immediately. The Chief justice and other honourable judges of the Supreme Court and high courts were consequently arrested as Gen Musharraf installed his choice Supreme Court under controversial Justice Dogar.

The Supreme Court has already set the tone over the constitutionality and (ill)legality of Nov 3 actions of Musharraf in its latest judgement in the plane hijacking case against PML-N chief Nawaz Sharif with the judgment evidently being appreciative of the PML-N’s stance on the issue of judges restoration.

PML-N chief Nawaz Sharif’s refusal to appear before the post-Nov 3, 2007, PCO/Dogar court has not been seen as biased or disobedience by the five-member SC bench comprising Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Moosa K Leghari, Justice Sheikh Hakim Ali and Justice Ghulam Rabbani that issued detailed judgment in the plane high jacking case on Friday. No matter that Musharraf’s hand-picked Dogar court had ruled in favour of Nov 3 martial law to his entire satisfaction, the Friday’s judgment accepted petitioner’s (Nawaz Sharif) explanation for non-appearance before Dogar court in the following terms: “...However, on a deeper appreciation of the stance taken and after hearing their (Nawaz Sharif and others) learned counsel, it has been found by us that petitioner’s non-appearance was not attributable to a personal bias against the Court then constituted but on account of a public stand that they had taken before entering the process of elections i.e. the collective oath which they and all the party candidates had taken on the issues relating to the Imposition of ‘State of Emergency’ on 3rd of November, 2007 and a resolve to launch a movement for the restoration of superior judiciary. The restoration of the Hon’ble Chief Justice of Pakistan and other judges who were deposed on the imposition of ‘State of Emergency’ and the immediate appearance of the petitioners by way of filing these review petitions indicate that the stance taken was based on a certain moral grounds which stood vindicated. The same cannot be dubbed as either contumacious or reflective of acquiescence to warrant the impugned findings.”

The judgment also reproduced certain parts of the petition describing Nov 3 action as deviation from the constitution and seeking condoning of the delay to file appeal before the Supreme Court. The judgment says, “That it is a matter of record that the petitioner had, on his return to Pakistan, publicly pledged, at the very outset, neither to accept nor to condone the aforesaid constitutional deviation whereby, inter alia, 63 hon’ble Judges of the Superior Courts had been forcibly restrained from continuing to perform their judicial functions. It was because of this reason that all the candidates of the Pakistan Muslim League (N) contesting General Election 2008, pledged on oath to restore the judiciary to pre November 3, 2007 position, and this ceremony of collective oath of Pakistan Muslim League (N) candidates was widely publicized and covered by the media.

Moreover, the petitioner had repeatedly declared that he will not appear before the judges of the Superior Courts till the entire set of judges who were illegally deposed on November 3, 2007, including the hon’ble Chief Justice Iftikhar Muhammad Chaudhry, were restored.”

The stand taken by the petitioner in the above paragraphs was also taken before the Supreme Court in Sharifs’ review petition against their disqualification order by the PCO judges. In that petition too, the present Supreme Court decided in their favour. From the looks of it, according to one leading lawyer, “If I was Musharraf, I would be a very worried man indeed”.

 

[qsaark]

Hopefully SCP will also take care of other renegade Generals who refused to accept the orders and staged the coup against the democratically elected Prime Minster. Until and unless these renegade Generals are not tried and punished accordingly, we will never earn a respect among the International community as a responsible country.

I also hope that the Kargil issue is also brought into the court was well as those military personnel who were involved in the illegal export of the nuclear know-how and technical assistance to the countries like Libya, Iran and N-Korea. Why only AQ Khan suffer while he was not alone.