Tuesday, July 27, 2010
Monday, July 26, 2010
Mother-in-law of Sheikh Jamil ur Rehman passes away
Mother-in-law of Sheikh Jamil ur Rehaman,Ameer Tehreek ul Mujahideen and sectary general United Jehad Counsil passes away in Indian held Kashmir.Inna lellah hay wa inna alehay rajeun.She passed away due to brain humrege.The son is fighting jehad against Indian Occupation forces in Kashmir and is this time in Muzaffarabad. This is very unfurtunte that freedom fighters are not in a position to attend last funerals of their dear ones.May Allah give Jannat ul firdous to the mother of Sheikh sahib and give patience to all their family members.Aameen.
Sunday, July 25, 2010
Farooq Rehmani
KASHMIRIS HAVE BURNED THEIR BOATS - Muhammad Farooq Rehmani
Islamabad, 25 Jul
G U Kyani
Chairman Jammu and Kashmir People's Freedom League Muhammad Farooq Rehmani in a statement has said that ongoing upsurge in Kashmir Valley against the over stay of Indian troops and paramilitary forces, draconian laws and installation of stooges by fraud elections; handled by the 21st century youth has the stamina to continue the unarmed fight for the right of self determination, as they have burned their boats and exhausted their patience before the monster of state terrorism. He said every other thing except the current experiment had become irrelevant in this situation. Therefore there was no alternative before the Kashmiris except to support the vanguard of the movement honestly and courageously. He hoped that the pro India lobby in any garb there will now not be allowed to rule the roost. Experience and wisdom coupled with the circumstances will dictate terms of the uprising.
Muhammad Farooq Rehmani out rightly rejected the internal autonomy proposal of both senior and junior Abdullah and termed it obsolete, saying the Kashmiris now no more needed old wine in new bottles. He regretted the cold shoulder attitude of the world community and said only Amnesty International and Human Rights Watch and some other Western human rights groups seriously censored India for its unabated oppression and abuses in Kashmir, while no country not even their Muslim brethren could voice their resentment against the inhuman situation created by the Indian authorities in Kashmir.
Muhammad Farooq Rehmani criticized America for its'' Hands off policy'' on Kashmir, warning that that policy would not bring peace and prosperity to the Indo Pakistan Subcontinent. He said surprisingly that the same America which had sponsored and endorsed the Security resolutions on Kashmir in the last century, now was giving an old international dispute a bilateral curl. ''The Kashmiris will never barter away their slogan, nor withdraw on Indian terms; they will not accept bilateral bend or interpretation of the dispute or political and economic packages not reflecting the sentiments of the people, but will continue to stress upon the world leaders including America to fulfill their promises with the Kashmiris according to the Security Council resolutions, as they did in other cases of international character and dimension,'' he remarked.
UN Security Council Resolution 242: The Building Block of Peacemaking : A Washington Institute
Monograph
1948 in Law: 1948 United Nations Security Council Resolutions, 1948 in United States Case Law, 1948 Referendums, Law Firms Established in 1948
2 Kashmiris found dead in Delhi
Srinagar, July 24: Bodies of an uncle-nephew duo from Islambad’s Kujar village on way to Bihar were recovered by police near a railway track in outskirts of New Delhi on Friday. While police has termed it as an accident, the family members of deceased suspect it was murder for money.
The deceased have been identified as Ghulam Muhammad Lone, an octogenarian, and his nephew Nazeer Ahmad Dar, 40, both residents of Kujar, Frisal in Islamabad. They were on way to Katihar district in Bihar to meet Lone’s son who had recently got married there. The Delhi police had recovered the bodies near Ajaibpoor railway station in Noida on Friday.
The Superintendent of Police Kulgam, Keshav Ram Chaurasia said preliminary reports suggest that the two were found dead on the railway track near Ajaibpoor railway station near Noida after they had boarded a train in Jammu to Katihar.
The Police Station Dadri had got the post mortem of the bodies conducted today in presence of the relatives of the deceased and a police team sent by Kulgam police station, the SP said.
“The post mortem had shown injuries on the skull of the deceased persons. The Dadri Police Station has filed an accident report. Things will be clear once our police team returns here on Sunday,” he said. The police, the SP said had neither information about the cause of the “accident” nor about the train.
However, family members of the deceased allege the duo was murdered for they were carrying hefty money with them.
Ghulam Muhammad Lone, according to his family members was going to meet his son Sajad Ahmad who along with his wife (from Katihar) was putting up in in-laws house for last few days.
“Sajad had recently got married to the girl and was scheduled to return home. He called Lone few days back and asked him get him some money as he was in need of it. Lone was carrying Rs 60,000 with him,” said his family
The family had received the tragic news from Yaripora Police Station, in Kulgam.
“If they died in a train accident why is police silent about the exact cause of their death,” said the family members.
The deceased have been identified as Ghulam Muhammad Lone, an octogenarian, and his nephew Nazeer Ahmad Dar, 40, both residents of Kujar, Frisal in Islamabad. They were on way to Katihar district in Bihar to meet Lone’s son who had recently got married there. The Delhi police had recovered the bodies near Ajaibpoor railway station in Noida on Friday.
The Superintendent of Police Kulgam, Keshav Ram Chaurasia said preliminary reports suggest that the two were found dead on the railway track near Ajaibpoor railway station near Noida after they had boarded a train in Jammu to Katihar.
The Police Station Dadri had got the post mortem of the bodies conducted today in presence of the relatives of the deceased and a police team sent by Kulgam police station, the SP said.
“The post mortem had shown injuries on the skull of the deceased persons. The Dadri Police Station has filed an accident report. Things will be clear once our police team returns here on Sunday,” he said. The police, the SP said had neither information about the cause of the “accident” nor about the train.
However, family members of the deceased allege the duo was murdered for they were carrying hefty money with them.
Ghulam Muhammad Lone, according to his family members was going to meet his son Sajad Ahmad who along with his wife (from Katihar) was putting up in in-laws house for last few days.
“Sajad had recently got married to the girl and was scheduled to return home. He called Lone few days back and asked him get him some money as he was in need of it. Lone was carrying Rs 60,000 with him,” said his family
The family had received the tragic news from Yaripora Police Station, in Kulgam.
“If they died in a train accident why is police silent about the exact cause of their death,” said the family members.
Saturday, July 24, 2010
Pak-Afghan trade agreement challenged in LHC
LAHORE: The Afghan Transit Trade Agreement (ATTA) was challenged in the Lahore High Court (LHC) on Saturday.
The petition filed against the agreement stated that the pact can lead to disastrous outcomes in terms of Pakistan's national security.
The petition, filed by one Advocate Shafqat Mehmood Chauhan, stated that the agreement may lead to smuggling and an increase in terrorist activities in the country.
Advocate Chauhan has requested the court to outlaw the agreement.
The petition filed against the agreement stated that the pact can lead to disastrous outcomes in terms of Pakistan's national security.
The petition, filed by one Advocate Shafqat Mehmood Chauhan, stated that the agreement may lead to smuggling and an increase in terrorist activities in the country.
Advocate Chauhan has requested the court to outlaw the agreement.
Hizb Chief interview
No need of indefinite strike: Salah-ud-Din
‘Stone Pelting A Means Of Resistance’
Srinagar, July 23: Justifying stone pelting as a means of resistance, the United Jihad Council chairman, Syed Salah-ud-Din Friday urged the pro-freedom leaders in Kashmir to unite and give direction to the ongoing movement. He said the “continuous” strike was not a solution to the Kashmir problem and the leadership must unite and unanimously think of a programme whereby “the struggle against India continues and people too don’t suffer.”
In a telephonic interview with local news agency, KNS, Salah-ud-Din said, “At a place where India has stationed seven lakh troops who use brutal force against the peaceful protesters, hurling stones and firepots is the only way of resistance left with the people,” Salah-ud-Din said.
He said it was unfortunate that the government of India and Jammu and Kashmir described even “stone pelting as terrorism.”
He rejected India’s claim that Pakistan was behind stone-pelting in Kashmir.
Salah-ud-Din said there was no need to go for continuous Hartals in Kashmir. “The way people have started the ongoing movement is worth appreciation. However, it needs a strategy and direction by the leadership so that people don’t suffer and the ongoing movement against India continues. The Hartal call can be given in a phased manner so that common man is not put to trouble and the education of children continues,” he said.
The movement, he said, was not there for a day or two but a continuous one. “The agitation needs to be taken to the district level by calling for marches in the districts. However, work in other districts should be allowed when a march call is given in a particular district,” he said.
He said the freedom movement in Kashmir was at a “critical juncture” and the ongoing movement proved that India had failed to break the people’s resolve in the past 62 years “despite using force.” “Today the freedom movement has seeped into the blood of 85 percent of Kashmirs, mostly youngsters, who are seen fighting for the cause on streets across the Valley. Already five lakh people have scarified their precious lives for the cause,” Salahud-Din said.
He said neither the voices of Kashmiris can be silenced nor can their resolve be broken, come what may. “Kashmir has been turned into a garrison, an Army camp. Everywhere there is Army, police and CRPF who are busy cane-charging the peaceful protesters. But such tactics are not going to affect the people’s sentiment,” he said.
He said the freedom movement in Kashmir belonged to the people of Kashmir, who have sacrificed their lives, property and honour for it. “The ongoing Quit Kashmir Movement is the goal of Kashmir freedom struggle. However, it is important to have a strategy, planning and direction at this juncture which is possible only when leaders shun their differences and unite,” Salah-ud-Din said. “The freedom struggle is alive and we need to put more life into it. And to make it happen, we have no option but to see a united leadership.”
He said people should clarify their stand as to whether they want to be a part of the struggle or want education for their wards. “Sacrifices are important if freedom movement is to be taken to its logical conclusion,” he said. “And during the struggle, education sector can face some impact.”
He said for the sake of people’s honour and sacrifices, the leadership must unite forthwith. “And if this happens, all educational institutions shall function normally while struggle would also go on. But if they don’t unite, any negative impact on the struggle would be because of them,” Salah-ud-Din said.
He said the leadership should not hold any talks with India at the moment and instead make efforts to get united. “They (leaders) must pool all resources to take the ongoing movement to its logical conclusion,” Salahi-ud-Din said.
‘Stone Pelting A Means Of Resistance’
Srinagar, July 23: Justifying stone pelting as a means of resistance, the United Jihad Council chairman, Syed Salah-ud-Din Friday urged the pro-freedom leaders in Kashmir to unite and give direction to the ongoing movement. He said the “continuous” strike was not a solution to the Kashmir problem and the leadership must unite and unanimously think of a programme whereby “the struggle against India continues and people too don’t suffer.”
In a telephonic interview with local news agency, KNS, Salah-ud-Din said, “At a place where India has stationed seven lakh troops who use brutal force against the peaceful protesters, hurling stones and firepots is the only way of resistance left with the people,” Salah-ud-Din said.
He said it was unfortunate that the government of India and Jammu and Kashmir described even “stone pelting as terrorism.”
He rejected India’s claim that Pakistan was behind stone-pelting in Kashmir.
Salah-ud-Din said there was no need to go for continuous Hartals in Kashmir. “The way people have started the ongoing movement is worth appreciation. However, it needs a strategy and direction by the leadership so that people don’t suffer and the ongoing movement against India continues. The Hartal call can be given in a phased manner so that common man is not put to trouble and the education of children continues,” he said.
The movement, he said, was not there for a day or two but a continuous one. “The agitation needs to be taken to the district level by calling for marches in the districts. However, work in other districts should be allowed when a march call is given in a particular district,” he said.
He said the freedom movement in Kashmir was at a “critical juncture” and the ongoing movement proved that India had failed to break the people’s resolve in the past 62 years “despite using force.” “Today the freedom movement has seeped into the blood of 85 percent of Kashmirs, mostly youngsters, who are seen fighting for the cause on streets across the Valley. Already five lakh people have scarified their precious lives for the cause,” Salahud-Din said.
He said neither the voices of Kashmiris can be silenced nor can their resolve be broken, come what may. “Kashmir has been turned into a garrison, an Army camp. Everywhere there is Army, police and CRPF who are busy cane-charging the peaceful protesters. But such tactics are not going to affect the people’s sentiment,” he said.
He said the freedom movement in Kashmir belonged to the people of Kashmir, who have sacrificed their lives, property and honour for it. “The ongoing Quit Kashmir Movement is the goal of Kashmir freedom struggle. However, it is important to have a strategy, planning and direction at this juncture which is possible only when leaders shun their differences and unite,” Salah-ud-Din said. “The freedom struggle is alive and we need to put more life into it. And to make it happen, we have no option but to see a united leadership.”
He said people should clarify their stand as to whether they want to be a part of the struggle or want education for their wards. “Sacrifices are important if freedom movement is to be taken to its logical conclusion,” he said. “And during the struggle, education sector can face some impact.”
He said for the sake of people’s honour and sacrifices, the leadership must unite forthwith. “And if this happens, all educational institutions shall function normally while struggle would also go on. But if they don’t unite, any negative impact on the struggle would be because of them,” Salah-ud-Din said.
He said the leadership should not hold any talks with India at the moment and instead make efforts to get united. “They (leaders) must pool all resources to take the ongoing movement to its logical conclusion,” Salahi-ud-Din said.
Friday, July 23, 2010
India Kashmiris Talks
India to invite all parties for dialogue on Kashmir
Both Hurriyat groups likely to be invited
New Delhi: India will extend invitation to all shades of opinion in Jammu and Kashmir, including Hurriyat Conference, to find ways for resolution of Kashmir issue and restore peace in the state which has witnessed separatist-sponsored agitation for last three weeks.
Sources in the government said invitation will be extended separately to each small and major group, mainstream as well as separatists groups including both factions of Hurriyat Conference.
An initiative is already underway by the state government and the Centre was building on that to carry forward the process.
Letters of invitation would be sent to every party and group for separate meetings with the Central leaders which may include Home Minister P Chidambaram, the sources said.
Both Hurriyat groups likely to be invited
New Delhi: India will extend invitation to all shades of opinion in Jammu and Kashmir, including Hurriyat Conference, to find ways for resolution of Kashmir issue and restore peace in the state which has witnessed separatist-sponsored agitation for last three weeks.
Sources in the government said invitation will be extended separately to each small and major group, mainstream as well as separatists groups including both factions of Hurriyat Conference.
An initiative is already underway by the state government and the Centre was building on that to carry forward the process.
Letters of invitation would be sent to every party and group for separate meetings with the Central leaders which may include Home Minister P Chidambaram, the sources said.
Human Rights Watch/Kashmir
Implement juvenile justice laws in Kashmir: HRW
Calls to respect UN Principles on protests
India: Implement Juvenile Justice Laws in Kashmir
Respect UN Principles on Use of Force During Protests
July 21, 2010
Violent protesters and the people inciting them are breaking the law and should be punished. But the Jammu and Kashmir government needs to comply with Indian and international law for detention and prosecution, and give special attention to the requirements for children.
Meenakshi Ganguly, South Asia director
(New York) - The Jammu and Kashmir state government should carry out a high court order to ensure due process rights and protections for children detained for allegedly participating in violent street protests, Human Rights Watch said today. Hundreds of these children, locally known as the "stone pelters," are at risk of arbitrary detention and abuse as authorities struggle to identify the often-masked culprits and contain the protests.
At least 17 people, many of them children, have died in street violence during protest marches called by various separatist or political groups in Jammu and Kashmir over the past two months. Teenagers have thrown stones at security forces and destroyed public and private property. To contain the rioters, the police have sometimes used excessive force, causing deaths and injuries with live bullets, rubber bullets, and teargas canisters. Each death leads to a fresh round of demonstrations and further violence. The police have detained hundreds of people, many of them children, for rioting or endangering the life or personal safety of others, offenses that can lead to imprisonment for up to two years.
"Violent protesters and the people inciting them are breaking the law and should be punished," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "But the Jammu and Kashmir government needs to comply with Indian and international law for detention and prosecution, and give special attention to the requirements for children."
In June, 2010, the Jammu and Kashmir High Court directed the government to set up juvenile courts and observation homes after hearing public interest litigation that the authorities illegally detained children in police lockups or jailed them with adults under the Public Safety Act, which allows up to two years of preventive detention. So far the Jammu and Kashmir government has taken no steps to implement those court orders.
India's Juvenile Justice (Care and Protection) Act provides an important framework for protecting and rehabilitating children in conflict, Human Rights Watch said. The act requires authorities to produce anyone who is under age 18 before special juvenile courts, where the bail provisions are more flexible than those for adults. In cases where the court agrees that an accused child must remain in custody, that child has to be kept in a special "observation home," not in prison, and separated from detained adults. The Convention on the Rights of the Child, to which India is a party, permits the prosecution of children for criminal offenses but requires authorities to arrest or detain a child only as a matter of last resort and for the shortest appropriate time. Every detained child has the right to prompt access to legal and other appropriate assistance.
"The authorities believe that greed and misplaced anger motivates these children to commit violence," Ganguly said. "But leaving children vulnerable to abuse in detention, without proper access to justice, will only fuel the unrest."
The protesters as well as the security forces have been responsible for casualties during the protest marches. Protesters have often used threats to enforce strikes, damaging private vehicles and demanding that businesses remain shut. A number of security personnel have been severely injured in the stoning. The state government summoned the Indian army to contain violence in Srinagar city on July 7, 2010, and a curfew was imposed in several parts of the state. After the curfew was lifted, on July 19, a funeral procession for 13-year-old Faizan Ahmad Buhroo, who apparently drowned while fleeing arrest, turned violent. Fayaz Ahmad Khanday, 25, was allegedly killed when police fired live ammunition to contain the protesters.
Indian human rights activists have long called on police and paramilitary forces operating in Jammu and Kashmir to adopt effective but nonlethal crowd control measures. Jammu and Kashmir authorities should abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which provide that all security forces shall, as far as possible, apply nonviolent means before resorting to the use of force and firearms. Whenever the lawful use of force and firearms is unavoidable, the authorities must use restraint and act in proportion to the seriousness of the offense. Lethal force may only be used when strictly unavoidable to protect life. The Basic Principles also call for an effective reporting and review process, especially in cases of death and serious injury.
Calls to respect UN Principles on protests
India: Implement Juvenile Justice Laws in Kashmir
Respect UN Principles on Use of Force During Protests
July 21, 2010
Violent protesters and the people inciting them are breaking the law and should be punished. But the Jammu and Kashmir government needs to comply with Indian and international law for detention and prosecution, and give special attention to the requirements for children.
Meenakshi Ganguly, South Asia director
(New York) - The Jammu and Kashmir state government should carry out a high court order to ensure due process rights and protections for children detained for allegedly participating in violent street protests, Human Rights Watch said today. Hundreds of these children, locally known as the "stone pelters," are at risk of arbitrary detention and abuse as authorities struggle to identify the often-masked culprits and contain the protests.
At least 17 people, many of them children, have died in street violence during protest marches called by various separatist or political groups in Jammu and Kashmir over the past two months. Teenagers have thrown stones at security forces and destroyed public and private property. To contain the rioters, the police have sometimes used excessive force, causing deaths and injuries with live bullets, rubber bullets, and teargas canisters. Each death leads to a fresh round of demonstrations and further violence. The police have detained hundreds of people, many of them children, for rioting or endangering the life or personal safety of others, offenses that can lead to imprisonment for up to two years.
"Violent protesters and the people inciting them are breaking the law and should be punished," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "But the Jammu and Kashmir government needs to comply with Indian and international law for detention and prosecution, and give special attention to the requirements for children."
In June, 2010, the Jammu and Kashmir High Court directed the government to set up juvenile courts and observation homes after hearing public interest litigation that the authorities illegally detained children in police lockups or jailed them with adults under the Public Safety Act, which allows up to two years of preventive detention. So far the Jammu and Kashmir government has taken no steps to implement those court orders.
India's Juvenile Justice (Care and Protection) Act provides an important framework for protecting and rehabilitating children in conflict, Human Rights Watch said. The act requires authorities to produce anyone who is under age 18 before special juvenile courts, where the bail provisions are more flexible than those for adults. In cases where the court agrees that an accused child must remain in custody, that child has to be kept in a special "observation home," not in prison, and separated from detained adults. The Convention on the Rights of the Child, to which India is a party, permits the prosecution of children for criminal offenses but requires authorities to arrest or detain a child only as a matter of last resort and for the shortest appropriate time. Every detained child has the right to prompt access to legal and other appropriate assistance.
"The authorities believe that greed and misplaced anger motivates these children to commit violence," Ganguly said. "But leaving children vulnerable to abuse in detention, without proper access to justice, will only fuel the unrest."
The protesters as well as the security forces have been responsible for casualties during the protest marches. Protesters have often used threats to enforce strikes, damaging private vehicles and demanding that businesses remain shut. A number of security personnel have been severely injured in the stoning. The state government summoned the Indian army to contain violence in Srinagar city on July 7, 2010, and a curfew was imposed in several parts of the state. After the curfew was lifted, on July 19, a funeral procession for 13-year-old Faizan Ahmad Buhroo, who apparently drowned while fleeing arrest, turned violent. Fayaz Ahmad Khanday, 25, was allegedly killed when police fired live ammunition to contain the protesters.
Indian human rights activists have long called on police and paramilitary forces operating in Jammu and Kashmir to adopt effective but nonlethal crowd control measures. Jammu and Kashmir authorities should abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which provide that all security forces shall, as far as possible, apply nonviolent means before resorting to the use of force and firearms. Whenever the lawful use of force and firearms is unavoidable, the authorities must use restraint and act in proportion to the seriousness of the offense. Lethal force may only be used when strictly unavoidable to protect life. The Basic Principles also call for an effective reporting and review process, especially in cases of death and serious injury.
Amnesty International Kashmir
End Kashmir lawyers' detention: Amnesty
Calls to repeal PSA
Jammu and Kashmir authorities urged to end detention of lawyers
22 July 2010
The Jammu and Kashmir state government must immediately end the preventive detention of the leaders of the Jammu and Kashmir High Court Bar Association, Amnesty International said on Wednesday.
Mian Abdul Qayoom, the President of the Bar Association and Ghulam Nabi Shaheen, its General Secretary, have been arbitrarily detained under the J&K Public Safety Act (PSA) since 7 July and 18 July 2010 respectively.
The vaguely formulated PSA allows for detentions of up to two years without charge or trial on the presumption that future acts harmful to the state may be committed.
"The detention of the Bar Association leaders appears to be an attempt to stifle legitimate and peaceful protest, as part of the ongoing crackdown by the authorities in parts of Kashmir," said Sam Zarifi, Asia-Pacific Director at Amnesty International
The grounds of detention prepared by the Srinagar District Magistrate relating to Mian Qayoom allege he is attempting to turn the Bar Association into "a secessionist outfit" indulging in "illegal activities".
Four previous criminal cases registered involving Mian Qayoom between October 2008 and June 2010 are also mentioned in the document which accuses him of instigating recent protests that have reportedly left at least 18 people dead.
"The state administration has resorted to preventive detention under the PSA, which subverts the judicial process," Zarifi said. "If the government has criminal charges to bring, it should do so in a properly constituted criminal trial where Mian Qayoom will have the protections afforded under the law, for instance, the ability to post bail."
The official grounds of detention against Mian Qayoom state that he is being detained for questioning the conduct of government security forces and for his political views.
Reports indicate the General Secretary of the Bar Association, Ghulam Nabi Shaheen, is being detained on similar grounds as well as for organizing public rallies seeking the release of Mian Qayoom.
"The arbitrary use of the PSA to detain government critics is yet another demonstration of why this law must be repealed," Zarifi said.
The Kashmir valley has witnessed mass public protests over the past several months, initially over the extrajudicial executions of three men at Machil, Baramulla district, and subsequently by killings of protesters by Central Reserve Police Force personnel.
At least 18 people, many of them teenagers, were allegedly killed during a crackdown on protests that began on 11 June 2010.
Amnesty International has previously demanded that the Indian authorities avoid excessive use of force and investigate all the deaths due to the shootings.
The State administration has also responded by placing a large number of people in preventive detention instead of charging and trying them – including those reportedly suspected of throwing stones at the police and others suspected of inciting violence by posting inflammatory material online.
A number of political leaders have also been recently detained including Hurriyat Conference (G) chairman Syed Ali Geelani, and his aides Mohammad Ashraf Sahrai, Ayaz Akbar, Mohammad Yousuf Mujahid and Zafar Akbar Bhat. Prominent Kashmiri leaders including Shabbir Shah and Nayeem Ahmed Khan also continue to remain in detention under the PSA.
Calls to repeal PSA
Jammu and Kashmir authorities urged to end detention of lawyers
22 July 2010
The Jammu and Kashmir state government must immediately end the preventive detention of the leaders of the Jammu and Kashmir High Court Bar Association, Amnesty International said on Wednesday.
Mian Abdul Qayoom, the President of the Bar Association and Ghulam Nabi Shaheen, its General Secretary, have been arbitrarily detained under the J&K Public Safety Act (PSA) since 7 July and 18 July 2010 respectively.
The vaguely formulated PSA allows for detentions of up to two years without charge or trial on the presumption that future acts harmful to the state may be committed.
"The detention of the Bar Association leaders appears to be an attempt to stifle legitimate and peaceful protest, as part of the ongoing crackdown by the authorities in parts of Kashmir," said Sam Zarifi, Asia-Pacific Director at Amnesty International
The grounds of detention prepared by the Srinagar District Magistrate relating to Mian Qayoom allege he is attempting to turn the Bar Association into "a secessionist outfit" indulging in "illegal activities".
Four previous criminal cases registered involving Mian Qayoom between October 2008 and June 2010 are also mentioned in the document which accuses him of instigating recent protests that have reportedly left at least 18 people dead.
"The state administration has resorted to preventive detention under the PSA, which subverts the judicial process," Zarifi said. "If the government has criminal charges to bring, it should do so in a properly constituted criminal trial where Mian Qayoom will have the protections afforded under the law, for instance, the ability to post bail."
The official grounds of detention against Mian Qayoom state that he is being detained for questioning the conduct of government security forces and for his political views.
Reports indicate the General Secretary of the Bar Association, Ghulam Nabi Shaheen, is being detained on similar grounds as well as for organizing public rallies seeking the release of Mian Qayoom.
"The arbitrary use of the PSA to detain government critics is yet another demonstration of why this law must be repealed," Zarifi said.
The Kashmir valley has witnessed mass public protests over the past several months, initially over the extrajudicial executions of three men at Machil, Baramulla district, and subsequently by killings of protesters by Central Reserve Police Force personnel.
At least 18 people, many of them teenagers, were allegedly killed during a crackdown on protests that began on 11 June 2010.
Amnesty International has previously demanded that the Indian authorities avoid excessive use of force and investigate all the deaths due to the shootings.
The State administration has also responded by placing a large number of people in preventive detention instead of charging and trying them – including those reportedly suspected of throwing stones at the police and others suspected of inciting violence by posting inflammatory material online.
A number of political leaders have also been recently detained including Hurriyat Conference (G) chairman Syed Ali Geelani, and his aides Mohammad Ashraf Sahrai, Ayaz Akbar, Mohammad Yousuf Mujahid and Zafar Akbar Bhat. Prominent Kashmiri leaders including Shabbir Shah and Nayeem Ahmed Khan also continue to remain in detention under the PSA.
Kosovo to Kashmir
Kosovo independence legal: UN Court
Kosovo's unilateral declaration of independence in 2008 from Serbia was legal under international law, the world court said today in a groundbreaking ruling with implications for separatist movements around the world and for Belgrade's stalled EU membership talks.
The ruling – taken up by the international court of justice after a complaint from Serbia – is likely to lead more countries to recognise Kosovo's independence. The tiny state is backed by 69 countries but needs 100 to join the UN.
Announcing the decision, court president Hisashi Owada said international law contains no "prohibition on declarations of independence. Accordingly [the court] concludes that the declaration of independence on 17 February 2008 did not violate general international law." Ten of the 14 judges on the panel backed Kosovo, while four voted in Serbia's favour.
The court said the declaration was not in violation of UN resolution 1244, which Belgrade interprets as a guarantee of Serbia's territorial integrity, as the resolution contained no provisions to prevent a unilateral declaration.
Kosovo split from Serbia in 2008 after a bloody war in 1998-99 and nearly a decade of international administration.
Triggered by a brutal crackdown by Serb forces against Kosovan separatists, the war saw about 10,000 ethnic Albanians die before ending with a 78-day Nato bombing campaign. Hundreds of Serbs were killed in retaliatory attacks.
Today Kosovo, itself divided, with a Serb enclave in the north around the town of Mitrovica, said Serbia should now deal with it as a sovereign state. "This is a great day for Kosovo, and my message to the government of Serbia is 'come and talk to us,'" the foreign minister, Skender Hyseni, said outside court.
Serbia said it would lobby hard to prevent a wave of diplomatic recognitions for Kosovo, while pushing for a new UN resolution. President Boris Tadic said his country would never recognise Kosovan independence, a stance supported by Serbia's strongest ally on the issue, Russia, which said the ruling gave no legal basis for secession.
In Belgrade, the ultranationalist Radical party said the court had "gravely violated" international law and demanded the UN security council end the EU peacekeeping mission in Kosovo.
Before the judgment, US vice-president Joe Biden reiterated American backing for Kosovo's independence at a meeting with visiting prime minister Hashim Thaci. Biden today called Tadic to affirm Washington's support for a democratic, multi-ethnic Kosovo. "The ruling strongly asserts that Kosovo's declaration of independence is legal, a judgment we support," said state department spokesman PJ Crowley. "Now it is time for Europe to unite behind a common future."
Key considerations for the court – arising from submissions by UN members and Kosovo's leadership – included issues of sovereignty, the slim volume of precedent in international law, and how former large states such as the Soviet Union broke up along administrative borders.
The court ruled on the narrowest of remits – whether there was anything in law to rule secession illegal. In doing so, it appeared to signal that issues of sovereignty should be considered to be as much about politics as international law.
Serbia has continued to demand Kosovo be returned, arguing that the declaration of independence secession was a "flagrant violation" of its territorial integrity.
The ruling is expected to bolster demands for recognition by territories as diverse as Northern Cyprus, Somaliland, Nagorno-Karabakh, South Ossetia, Abkhazia and Transnistria.
The ruling is not expected to have an immediate impact in Mitrovica, where the Serb majority has broken away and deadlock sometimes erupts into violence. The ruling will reinforce Kosovan resistance to any kind of renegotiation, particularly over the status of Serb majority areas in the north.
Hyseni said before the ruling that reopening negotiations was inconceivable.
The ruling is likely to cause schisms in Serbian politics, not least concerning nationalist sentiment over Kosovo, which had been papered over while the court was considering the complaint.
The US and many EU countries support independence; Russia is opposed.
The US welcomed the ruling and urged European nations to unite behind it. Kosovo President Fatmir Sejdiu called for wider international recognition for his state.
So far, 69 of the UN's 192 member countries have recognised Kosovo as independent - they include the US, UK, neighbouring Albania and Croatia.
Those opposed include Russia, China and Bosnia. EU nations with separatist movements of their own - including Spain and Greece - have also not recognised Kosovo.
Kosovo's unilateral declaration of independence in 2008 from Serbia was legal under international law, the world court said today in a groundbreaking ruling with implications for separatist movements around the world and for Belgrade's stalled EU membership talks.
The ruling – taken up by the international court of justice after a complaint from Serbia – is likely to lead more countries to recognise Kosovo's independence. The tiny state is backed by 69 countries but needs 100 to join the UN.
Announcing the decision, court president Hisashi Owada said international law contains no "prohibition on declarations of independence. Accordingly [the court] concludes that the declaration of independence on 17 February 2008 did not violate general international law." Ten of the 14 judges on the panel backed Kosovo, while four voted in Serbia's favour.
The court said the declaration was not in violation of UN resolution 1244, which Belgrade interprets as a guarantee of Serbia's territorial integrity, as the resolution contained no provisions to prevent a unilateral declaration.
Kosovo split from Serbia in 2008 after a bloody war in 1998-99 and nearly a decade of international administration.
Triggered by a brutal crackdown by Serb forces against Kosovan separatists, the war saw about 10,000 ethnic Albanians die before ending with a 78-day Nato bombing campaign. Hundreds of Serbs were killed in retaliatory attacks.
Today Kosovo, itself divided, with a Serb enclave in the north around the town of Mitrovica, said Serbia should now deal with it as a sovereign state. "This is a great day for Kosovo, and my message to the government of Serbia is 'come and talk to us,'" the foreign minister, Skender Hyseni, said outside court.
Serbia said it would lobby hard to prevent a wave of diplomatic recognitions for Kosovo, while pushing for a new UN resolution. President Boris Tadic said his country would never recognise Kosovan independence, a stance supported by Serbia's strongest ally on the issue, Russia, which said the ruling gave no legal basis for secession.
In Belgrade, the ultranationalist Radical party said the court had "gravely violated" international law and demanded the UN security council end the EU peacekeeping mission in Kosovo.
Before the judgment, US vice-president Joe Biden reiterated American backing for Kosovo's independence at a meeting with visiting prime minister Hashim Thaci. Biden today called Tadic to affirm Washington's support for a democratic, multi-ethnic Kosovo. "The ruling strongly asserts that Kosovo's declaration of independence is legal, a judgment we support," said state department spokesman PJ Crowley. "Now it is time for Europe to unite behind a common future."
Key considerations for the court – arising from submissions by UN members and Kosovo's leadership – included issues of sovereignty, the slim volume of precedent in international law, and how former large states such as the Soviet Union broke up along administrative borders.
The court ruled on the narrowest of remits – whether there was anything in law to rule secession illegal. In doing so, it appeared to signal that issues of sovereignty should be considered to be as much about politics as international law.
Serbia has continued to demand Kosovo be returned, arguing that the declaration of independence secession was a "flagrant violation" of its territorial integrity.
The ruling is expected to bolster demands for recognition by territories as diverse as Northern Cyprus, Somaliland, Nagorno-Karabakh, South Ossetia, Abkhazia and Transnistria.
The ruling is not expected to have an immediate impact in Mitrovica, where the Serb majority has broken away and deadlock sometimes erupts into violence. The ruling will reinforce Kosovan resistance to any kind of renegotiation, particularly over the status of Serb majority areas in the north.
Hyseni said before the ruling that reopening negotiations was inconceivable.
The ruling is likely to cause schisms in Serbian politics, not least concerning nationalist sentiment over Kosovo, which had been papered over while the court was considering the complaint.
The US and many EU countries support independence; Russia is opposed.
The US welcomed the ruling and urged European nations to unite behind it. Kosovo President Fatmir Sejdiu called for wider international recognition for his state.
So far, 69 of the UN's 192 member countries have recognised Kosovo as independent - they include the US, UK, neighbouring Albania and Croatia.
Those opposed include Russia, China and Bosnia. EU nations with separatist movements of their own - including Spain and Greece - have also not recognised Kosovo.
Restrictions
Imposition of restrictions continue in occupied Kashmir
Srinagar, July 22 In occupied Kashmir, the authorities continued imposition of restrictions in Srinagar and other towns to foil holding of protest demonstrations, call for which had been given by the forum patronised by Syed Ali Gilani.The forum had asked people to stage sit-ins and come to streets in a peaceful manner to press the release of illegally detained Hurriyet leaders and activists.
On the other hand, educational institutions, banks, post offices, shops and business establishments remained closed and public transport was off the roads.
The All Parties Hurriyet Conference Chairman, Mirwaiz Umar Farooq in a statement in
Indian troops in their fresh act of state terrorism, martyred two innocent Kashmiri youth at Rajwar in Handwara. Unidentified gunmen tortured to death a civilian after abducting him from his house at Lidreri in Kishtwar.
An Indian trooper committed suicide by hanging himself in a military camp at Trehgam, raising the number of such deaths amongst Indian troops and police personnel in the occupied territory to 188 since January 2007.
Thursday, July 22, 2010
Tuesday, July 20, 2010
Monday, July 19, 2010
KASHMIR: APHC(G)
KASHMIR: APHC(G): "APHC(G) members in a press conference in press club Islamabad said that they condemn India. Kashmir is not integral part of India. Indo-Pak ..."
KASHMIR: Indian forces martyr another Kashmiri teenager
KASHMIR: Indian forces martyr another Kashmiri teenager: " Curfew, restrictions to prevent demos in IHK Srinagar, July 18: In o..."
Indian forces martyr another Kashmiri teenager
Curfew, restrictions to prevent demos in IHK
The police personnel chased the student to the drowning in river Jehlum while resorting to brute force to break up demonstrations in Azad Gunj area of the town, yesterday.
The policemen before chasing the protestors went berserk, mercilessly beating the martyred teenager. The incident triggered more vociferous protests and the authorities deployed large contingents of police and paramilitary personnel in Srinagar and other major towns.
Despite restrictions, people took to the streets in Srinagar, Baramulla, Sopore, Handwara and other areas and staged demonstrations against the killing. The lawyers in Srinagar burnt their black coats in protest against the detention of the Bar President, Mian Abdul Qayoom. In the meantime, the Secretary of the Bar, Ghulam Nabi Shaheen was arrested in Srinagar, today and sent to a jail in Rajouri after being booked under the black law, Public Safety Act. The Act has been slapped on APHC leader, Zafar Akbar Butt also, who has been shifted to Kot Bhalwal Jail in Jammu.
On the other hand, Indian troops, in their fresh act of state terrorism, martyred one innocent Kashmiri youth during a crackdown operation at Patnazi in Kishtwar, today.
In London, the Executive Director of Kashmir Centre, Professor Nazir Ahmed Shawl in a statement said that Kashmir was the internationally disputed territory and the dispute over it needed an urgent resolution.
APHC(G)
Indo-Pak talks’ failure inevitable: Safi
NISAR AHMED THOKAR
Islamabad, July 18: The convener of All Parties Hurriyat Conference (G) Ghulam Muhammad Safi has said that Indo-Pak talks failure was inevitable as it lacked political will on the part of India to address the long-pending Kashmir dispute.
“Since plebiscite was not held in the territory, people were not allowed to express their wishes and aspirations and therefore the state still awaits a referendum under the auspices of United Nations,” he said adding the elections held there could in no way be the substitute to Kashmiris’ right to self-determination.
“The mass movement in Kashmir is purely indigenous intended to get our birth-right guaranteed by world community besides the leadership of India and Pakistan,” Safi said addressing reporters at Islamabad Press Club on Sunday.
Citing Arundati Roy and Vir Sanghvi, he said that saner elements in India had realized the fact that Kashmiris were fighting for a legitimate cause.
He alleged that Pakistan foreign minister Shah Mehmood Qureshi had failed to advocate Kashmiris’ case during the recent talks with his Indian counterpart.
“No doubt Qureshi touched the human aspect, which is one of the dimensions of Kashmir dispute, but he did not talk about the real issue that is Kashmiris’ basic right, the right to self-determination”, he said.
To a question, he said that the APHC-G believes in tripartite talks to settle the dispute of Kashmir.
Speaking on the occasion, senior Kashmiri leader, Muhammad Farooq Rehmani, said that the Pak-administered Kashmir government should give a call to express solidarity with the people of Jammu and Kashmir.(GK)
Nayeema Ahamad Mehjoor
http://http://www.bbc.co.uk/blogs/urdu/2010/07/post_646.html
Time to stand united?
KASHMIRI MEDIA WILL HAVE TO BE UNITED EVEN WHERE IT IS MADE THE OBJECT OF ATTACK, COMMENTS NAYEEMA AHMAD MAHJOOR
Covering the latest uprising in Kashmir has turned out to be a difficult task
for not only the local media but also the national and international media. One
could understand the trauma local media has been put through either by gagging
or curbing the lifeline of Government advertisements. Still, it is a general
observation that the local media has never been united and authorities have
profited from this lack of unity. Often it remains divided and dissenting
against one another. It did not take a united stand against the government or
its harsh policies with the result that the Government has approached and
treated every organisation differently. Division is deeply rooted in our society
as a whole and affects media just like other sectors of society. Many historians
blame the Governments of India and Pakistan for sowing the seeds of division
among the masses of Kashmir in order to create a fragmented society. The
mushroom growth of outfits, political parties, NGOs and other organisations is
the result of this campaign.
Kashmiri media will have to be united even where it is made the object of attack. For all of us the greatest contribution of the freedom movement so far has been the enormous growth of a strong media culture in Kashmir. Without exaggeration Kashmir has produced the best journalists working in the local, national and international organisations who have shown their mettle everywhere. However, some of our journalists lack honesty and openness.
They sometimes get carried away by emotional attachment with the problem that makes their reporting of stories lopsided. True, one cannot shut off one's closeness to the situation but one also has to report both sides of a story and without partiality. I know it is not as simple as it sounds. One has to take into account the editorial policies of the media organisation where a journalist works. At the same time, there is fierce competition for journalist jobs and many journalists only work to get paid so that you can feed their family. Understandably, they do not wish to jeopardise their livelihoods in the name of upholding professional standards. Yet, there is no excuse for the journalistic community as a whole giving up on intellectual honesty on the pretext of working in a volatile situation or being part of the society. Honesty in reporting is important to win the trust of the reading, listening or viewing public. It might not suit the authorities but if media is united in presenting the true picture of the events it will eventually win in its battle to free itself from Government control and censorship.
Most Indian journalists, whose reporting seemed to further the policy of their Government, seemed to be working according to two principles; one to work for their livelihood and second to show patriotism to the extent that nobody would even dare to question their nationalistic credentials. There are still many journalists in the Indian fraternity resist the institutional imperative and try their utmost to relay an accurate picture of the Kashmir situation.
These journalists and writers have to bear the wrath and anger their organisations as well as getting blacklisted and marginalised as dissidents. To name a few, Seema Mustufa, Arundhati Roy or Gautum Navlakha’s works and efforts cannot be ignored, they are also Indian intellectuals who have not stopped to speak their minds and open their hearts to the misery of Kashmiris.
One cannot ignore the vital change that has occurred in the national media. Since 1989 the media scene had changed a lot with the rise of Hindutva and its campaign to saffronise the hearts and minds of the masses. There were a number of journalists who were considered the torch bearers of impartial and independent journalism in India but they turned out to be Hindutva’s policy makers. It is those torch bearers who have nurtured the new crop of journalism with the fixed mindset that if we ignore Kashmir or use routine blame game tactics, Kashmir will remain unheard and unnoticed. This new breed of journalists perhaps forgets the digital information explosion which India has embraced with open arms. One cannot black out even a minor incident these days. From mobile to internet and from Facebook to Twitter, the world has virtually become a global village. Alternative media offers individuals the chance to make their voices heard. If a national daily will not report it, blogs can. If TV channels turn a blind eye, there is youtube to fill their place. If mobiles are banned and people prevented from sending SMS messages, facebook allows an easy way of communicating and mobilising.
I can't remember the name of the reporter embedded with the US army in Iraq who showed the damaging footage of a US attack on insurgents. It damaged the image of the US army even though he was embedded in the expectation that his reporting would boost the image of the army in Iraq.
When he was questioned by the army later, he said, ‘I was an embedded journalist with a conscience. I tried my best to kill it but could not when I saw you in action against the innocent people. Either you kill my conscience or let me do my job as you are doing yours’. The reporter was sent back by the army. He was also sacked by the organisation for which he'd been working. What I want to emphasise is that real journalists are gifted with a conscience that they will not compromise whatever the consequences. It is very hard to work in a hostile atmosphere but closing eyes and ears to the killing of teenagers under the pretext of maintaining law and order is killing your own conscience and your professionalism. It is utter dishonesty, whether it is done by an Indian, Pakistani or any other journalist. nternational media tremendously depend on national media these days. If a story doesn’t get a mention in national media, international media is reluctant to cover the event. This has often happened to stories from Kashmir. There are also geopolitical and economic interests that can lead to stories being either exaggerated or ignored. Thus, large protests in Kashmir are ignored in some Western media, but even minor demonstrations in Tibet will lead to a flurry of reporting on the region due to the perceived rival status of China in the eyes of the Western media. Palestine gets the most attention due to the sensitivity of the Middle Eastern region, being the source of a large part of the world's energy supplies. Yet, none of the Arab countries ever pay any attention to what is happening in Kashmir.
The national media will have to bear in mind that Kashmir is a real and complex problem. That is why it resurfaces every now and then. To deny it or observe silence on it amounts to a criminal act. The media which masses consider their watchdog gets a bad name and so do the journalists who claim to be the champions of public welfare. Media should be above party politics or patriotic sentiments. If you do not carry the facts of the story somebody else will. How foolish is it to think that blacking out or distorting the truth will keep the problem under the carpet or help in hoodwinking the world that all is well. The recent black out or distortion by the national channels has brought the national media into disrepute. They are unlikely to be trusted to deliver accurate and unbiased content by viewers in the valley. (GK)
(Feedback at namahjoor@hotmail.com)
Kashmiri media will have to be united even where it is made the object of attack. For all of us the greatest contribution of the freedom movement so far has been the enormous growth of a strong media culture in Kashmir. Without exaggeration Kashmir has produced the best journalists working in the local, national and international organisations who have shown their mettle everywhere. However, some of our journalists lack honesty and openness.
They sometimes get carried away by emotional attachment with the problem that makes their reporting of stories lopsided. True, one cannot shut off one's closeness to the situation but one also has to report both sides of a story and without partiality. I know it is not as simple as it sounds. One has to take into account the editorial policies of the media organisation where a journalist works. At the same time, there is fierce competition for journalist jobs and many journalists only work to get paid so that you can feed their family. Understandably, they do not wish to jeopardise their livelihoods in the name of upholding professional standards. Yet, there is no excuse for the journalistic community as a whole giving up on intellectual honesty on the pretext of working in a volatile situation or being part of the society. Honesty in reporting is important to win the trust of the reading, listening or viewing public. It might not suit the authorities but if media is united in presenting the true picture of the events it will eventually win in its battle to free itself from Government control and censorship.
Most Indian journalists, whose reporting seemed to further the policy of their Government, seemed to be working according to two principles; one to work for their livelihood and second to show patriotism to the extent that nobody would even dare to question their nationalistic credentials. There are still many journalists in the Indian fraternity resist the institutional imperative and try their utmost to relay an accurate picture of the Kashmir situation.
These journalists and writers have to bear the wrath and anger their organisations as well as getting blacklisted and marginalised as dissidents. To name a few, Seema Mustufa, Arundhati Roy or Gautum Navlakha’s works and efforts cannot be ignored, they are also Indian intellectuals who have not stopped to speak their minds and open their hearts to the misery of Kashmiris.
One cannot ignore the vital change that has occurred in the national media. Since 1989 the media scene had changed a lot with the rise of Hindutva and its campaign to saffronise the hearts and minds of the masses. There were a number of journalists who were considered the torch bearers of impartial and independent journalism in India but they turned out to be Hindutva’s policy makers. It is those torch bearers who have nurtured the new crop of journalism with the fixed mindset that if we ignore Kashmir or use routine blame game tactics, Kashmir will remain unheard and unnoticed. This new breed of journalists perhaps forgets the digital information explosion which India has embraced with open arms. One cannot black out even a minor incident these days. From mobile to internet and from Facebook to Twitter, the world has virtually become a global village. Alternative media offers individuals the chance to make their voices heard. If a national daily will not report it, blogs can. If TV channels turn a blind eye, there is youtube to fill their place. If mobiles are banned and people prevented from sending SMS messages, facebook allows an easy way of communicating and mobilising.
I can't remember the name of the reporter embedded with the US army in Iraq who showed the damaging footage of a US attack on insurgents. It damaged the image of the US army even though he was embedded in the expectation that his reporting would boost the image of the army in Iraq.
When he was questioned by the army later, he said, ‘I was an embedded journalist with a conscience. I tried my best to kill it but could not when I saw you in action against the innocent people. Either you kill my conscience or let me do my job as you are doing yours’. The reporter was sent back by the army. He was also sacked by the organisation for which he'd been working. What I want to emphasise is that real journalists are gifted with a conscience that they will not compromise whatever the consequences. It is very hard to work in a hostile atmosphere but closing eyes and ears to the killing of teenagers under the pretext of maintaining law and order is killing your own conscience and your professionalism. It is utter dishonesty, whether it is done by an Indian, Pakistani or any other journalist. nternational media tremendously depend on national media these days. If a story doesn’t get a mention in national media, international media is reluctant to cover the event. This has often happened to stories from Kashmir. There are also geopolitical and economic interests that can lead to stories being either exaggerated or ignored. Thus, large protests in Kashmir are ignored in some Western media, but even minor demonstrations in Tibet will lead to a flurry of reporting on the region due to the perceived rival status of China in the eyes of the Western media. Palestine gets the most attention due to the sensitivity of the Middle Eastern region, being the source of a large part of the world's energy supplies. Yet, none of the Arab countries ever pay any attention to what is happening in Kashmir.
The national media will have to bear in mind that Kashmir is a real and complex problem. That is why it resurfaces every now and then. To deny it or observe silence on it amounts to a criminal act. The media which masses consider their watchdog gets a bad name and so do the journalists who claim to be the champions of public welfare. Media should be above party politics or patriotic sentiments. If you do not carry the facts of the story somebody else will. How foolish is it to think that blacking out or distorting the truth will keep the problem under the carpet or help in hoodwinking the world that all is well. The recent black out or distortion by the national channels has brought the national media into disrepute. They are unlikely to be trusted to deliver accurate and unbiased content by viewers in the valley. (GK)
(Feedback at namahjoor@hotmail.com)
Sunday, July 18, 2010
KASHMIR: wafaqul madaras
KASHMIR: wafaqul madaras: "IN THE SUPREME COURT OF PAKISTAN(APPELLATE JURISDICTION)PRESENT:Mr. Justice Iftikhar Muhammad Chaudhry, CJMr. Justice Sardar Muhammad Raza..."
wafaqul madaras
IN THE SUPREME COURT OF PAKISTAN
(APPELLATE JURISDICTION)
PRESENT:
Mr. Justice Iftikhar Muhammad Chaudhry, CJ
Mr. Justice Sardar Muhammad Raza Khan
Mr. Justice Saiyed Saeed Ashhad
CIVIL PETITIONS FOR LEAVE TO APPEAL NO.1569-L, 1579-L,
1597-L, 1600-L, 1622-L AND 1624-L of 2005.
(On appeal from the judgments dated 8.8.2005, 11.8.2005, 3.8.2005, 9.8.2005 passed by Lahore High Court, in W.Ps.No.14277, 144667, 2758, 2889, 14111 and 14286 of 2005)
| CP.1569-L/2005 | Sanaullah Khan and another vs. District Returning Officer, Mianwali, etc. |
| CP.1579-L/2005 | Qari Muhammad Liaquat Ali and another vs. District Returning Officer, Gujrat, etc. |
| CP.1597-L/2005 | Ghulam Shabbir Bhutta and another vs. District Returning Officer, Bahawalpur, etc. |
| CP.1600-L/2005 | Sultan Mehmood and another vs. Returning Officer, UC-118, Tehsil Liaqat Pur, Rahim Yar Khan, etc. |
| CP.1622-L/2005 | Saeed Ahmed Asad and another vs. District Returning Officer, Khushab etc. |
| CP.1624-L/2005 | Muhammad Khaliq and another vs. District Returning Officer, Gujrat etc. |
For the petitioners (CP 1569-L 05): Mr.Abdul Rauf Farooqui, ASC.
Ch. Mehdi Khan Mehtab, AOR (Absent).
(CP 1579-L/05): Mr. Farooq Amjad Meer, ASC.
Mr. Mehmood Ul Islam, AOR.
(CP 1597-L/05) Ch. Muhammad Ashraf Wahlah, ASC.
Mr. Tanveer Ahmad, AOR.
(CP 1600-L/05) Mr. S.M. Naseem Khashmiri, ASC.
Mr. Mahmoodul Islam, AOR
(CP 1622-L/05) Khawaja Haris Ahmad, ASC
Mr. Mahmood Ul Islam, AOR
(CP 1624-L/05) Khawaja Saeed-uz-Zaffar, ASC
Mr. M.A. Qureshi, AOR.
For the respondents (CP.1569-L/05): Ch. Riasat Ali, ASC.
Mr. M.A. Qureshi, AOR.
(CP 1579-L/05) Mr. Muhammad Arif Raja, ASC
Mr. C.M. Latif, AOR.
(CP 1597-L/05) Mr. Saleem ud Din Aftab, ASC
Mr. M.A. Qureshi, AOR
Ch. Mushtaq Ahmad Khan, Sr. ASC
Haji Muhammad Rafi Siddiqui, AOR
(For R. 4-5 in CP 1597-L/05)
(CP. 1622-L/05) Dr. A. Basit, Sr. ASC
Ch. Mehdi Khan Mehtab, AOR (Absent).
(CP.1624-L/05) Sh. Ziaullah, Sr. ASC.
Ch. Muhammad Anwar, AOR.
On Court notice (in all cases): Mr. Makhdoom Ali Khan,
Attorney General For Pakistan
Mr. Tahir Mehmood Khokhar, Dy.AG
Dr. Danishwar Malik, Dy. AG
Mr. Muhammad Hanif Khatana, Adl.AG
Date of hearing: 16.8.2005
JUDGMENT
Iftikhar Muhammad Chaudhry, CJ. — The petitioners have sought leave to appeal against the judgments dated 8.8.2005, 11.8.2005, 3.8.2005 and 9.8.2005 of the Lahore High Court pronounced in writ petitions No.14277, 14467, 2758, 2889, 14111 and 14286 of 2005.
2. Petitioners having failed to persuade the Lahore High Court that they are qualified to contest the election for the office of Nazim and Naib Nazim as they possessed “Deeni Sanads” equal to degrees of M.A. or B.A. and certificates of F.A. and Matric respectively but their nomination papers had wrongly been rejected under Section 152(1)(e) of the Punjab Local Government Ordinance, 2001 [herein after referred to as “the Ordinance 2001”], therefore, they instituted instant proceedings.
3. Marshaling of facts in each case in detail is not called for in view of commonality of question of law and facts involved therein.
4. Controversy relating to acceptability of “Sanads” (Asnad) of “Deeni Madaris” for contesting Local Government Elections had been the subject matter of Writ Petitions before Provincial High Courts in recent past. Learned High Courts could not evolve unanimity on the status of these “Sanads” which resulted in dissenting judgments. Lahore High Court in Writ Petition No.14075/2005 (Muhammad Younas v. D.R.O.) vide judgment dated 3rd August 2005 concluded that in absence of equivalence certificate from the Inter Board Committee of Chairmen [herein after referred to as “IBCC”], “Sanads” issued by “Deeni Madaris” are not acceptable to meet the criteria of academic qualification of a candidate in terms of Section 152(1)(e) of the Ordinance 2001. Peshawar High Court, in Writ Petition No.1170/2005 (Muhammad Azam Khan v. Returning Officer) and High Court of Balochistan in Constitution Petitions No.359/2005, 360/2005, 372/2005, 376/2005, 395/2005, 420/2005, 427/2005 etc. gave verdicts that “Sanad” of “Deeni Madrasah” is acceptable to qualify a candidate to contest elections under corresponding provisions of Local Government Ordinances and Elections Rules applicable respectively in both the provinces.
5. Petitioners’ counsel unanimously stressed that:--
a) In absence of notice to candidates to obtain equivalence certificates of “Deeni Sanads” from competent authority, they cannot be held disqualified to contest elections under Section 152(1)(e) of the Ordinance 2001.
b) “Sanads” issued by “Deeni Madaris” without equivalence certificate from UGC or IBCC are acceptable to qualify the provisions of Section 152(1)(e) of the Ordinance 2001.
6. Mr. Makhdoom Ali Khan, learned Attorney General contended that:-
a) Petitioners were conscious of the fact that without obtaining equivalence certificates of “Sanads” issued by “Deeni Madaris” they were not qualified to contest elections, therefore, they have been rightly non-suited vide impugned judgments of the Lahore High Court.
b) “Sanads” without equivalence certificate from UGC/HEC or IBCC are not acceptable to meet the requirement of law.
7. At the outset, it is considered appropriate to reproduce herein below the subjects being taught to the students of “Deeni Madaris” from one of the approved institutions by University Grants Commission/Higher Education Commission [herein after referred to as “UGC”] i.e. Jamia Ashrafia (Asharafia Islamic University) Lahore to qualify examinations of different courses which are said to be equal to certificate of Matric F.A. and degrees of B.A. M.A:---
PROSPECTUS OF JAMIA ASHRAFIA
(ASHRAFIA ISLAMIC UNIVERSITY), LAHORE.
i. Al-Saniviyya Amma (Secondary)-2 Years
ii. Al-Saniviyya Khassa (Higher Secondary)-2 Years
In addition to Al-Tajweed, Al-Hadith, Al-Tauheed, Al-Seeratun Nabi, Al-Fiqha, Arabic Language, Al-Nahv, Al-Sarf, Reading & Comprehension of Arabic Text and English, the following subjects are also taught in graded manner at this stage.
History of Islam, Islamic manners & behaviour, Logic, History of Arabic literature, Al-Blagha and computer training.
iii. Al-‘Aliya (Graduation)-2 years.
Al-Tafseer, Uloomul Quran, Al-Hadith, Mutalah-ul-Hadith, Al-Tauheed, Al-Fiqha, Usool-ul-Fiqha, Al-Faraiz, Islamic History, Islamic Culture, Objectives of Islamic Shareea, Religious & Sects, Arabic Languages, Arabic Literature, Al-Balagha & Al-nahv.
iv. AL-AALIMIYYA (Master Degree)-2 Years
This is the final two years course of the JAMIA leading to the Degree of Aalimiyya-reckoned equivalent to MA in Arabic/Islamic Studies.
The intense courses of study for 1st year of Aalimyya
include the following subjects:
1. Al-Tafseer, 2. Usool-ul Tafseer
3. E’jaz-ur-Qur’an 4. Usool-ul-Hadith
5. Mutalahul-Hadith 6. Al-Fiqhul Islamee
7. Usool-ul-Da’wa 8. Al-Saqafatul Islamiyya
9. Al-Adyan Wal Turnq 10. Al-Tarbiya wa Turuqul Tadrees
11. Al-Bahas wal Manajeha 12. Al-Uloomul Kauniyya
13. Hafizul-Uloomul Islamee 14. Al-Tibbul Islamee
The 2nd year Aalimiyya includes the study
of the following subjects :
1. Al-Sahihul Bokhari
2. Al-Sahihul Muslim
3. Jamia-ul-Tirmizi wa Shamaail
4. Sunan Abi Dawood
5. Sunan Ibn-e-Maja
6. Sunan Nisaai
7. Sharha Ma’aaniul Aasor
8. Mauta Imam Malik
9. Mauta Imam Muhammad.
8. Petitioners have obtained following Sanads issued by various “Deeni Madaris”:---
| S. # | Name of petitioner | Name of Sanad | Name of Institution |
| 1. | Sanaullah Khan | Shahadat-ul-Sanviat-ul-Aama (Matric) Shahadat-ul-Sanviat-ul-Khasa (F.A.) | Itehad-ul-Madaris Al-Arabia, Pakistan. |
| 2. | Khadim Hussain | Shahadat-ul-Sanviat-ul-Aama (Matric) | Tanzeem-ul-Madaris (Ahle-Sunnat)Pakistan Jamiah Rizvia Sardar-ul-Madaris, Multan |
| 3. | Sultan Mehmood | Sanad-Al-Fragh-Minal Uloom-El-Arabia Wal Islamia(B.A) | Jamiah Anwar-ul-Mustafa(Regd.) Sukkur, Sindh, Pakistan. |
| 4. | Saeed Ahmad | Shahadat-ul-Aalmia Fil Uloom Ul Arabia Wal Islamia (M.A) | Wafaq-Ul-Madaris Al Arabia Pakistan |
| 5. | Hakeem Qari Muhammad Liaqat Ali | Shahadat-ul-Aalmia Fil Uloom Ul Arabia Wal Islamia (M.A) | Tanzeem-ul-Madaris (Ahle- Sunnat) Pakistan, Jamiah-tul-Ghazamia-tul-Rizvia, Lahore. |
| 6. | Pervaiz Mehdi | Shahadat-ul-Sanviat-ul-Aama (Matric) | Tanzeem-ul-Madaris Al-Islamia Jammu & Kashmir |
9. The adversarial contentions of learned counsel for the parties call for to determine the legal status of the authorities, which are empowered to issue equivalence certificate in respect of “Sanads” of “Deeni Madaris”.
10. Following are the authorities competent to issue equivalence certificate in Pakistan:--
1. University Grants Commission (now Higher Education Commission) is authorized to recognize and approve ‘Deeni Madaris’ and to issue equivalence certificate in respect of Sanads of Al-Aalia (Graduation), Al-Aalmia (Master Degree).
2. Inter Board Committee of Chairmen (IBCC) is authorized to grant equivalence certificate of Deeni Sanads Al-Sanvia-Aama (Secondary) and Al-Sanvia-Khasa (Higher Secondary.
11. The UGC is a statutory body, which has been created under the University Grants Commission Act, 1974 [hereinafter referred to as “the Act, 1974”]. Under its Section 8, it has to perform such functions which are not inconsistent with the provisions of this Act, or as may be prescribed or as may be incidental or consequential to the discharging of the aforesaid function, besides other functions enumerated therein and additional functions under Section 9 of the Act.
12. In exercise of such powers, the UGC had approved from time to time “Deeni Madaris” functioning under the nomenclature of Wafaq/Tanzeem-ul-Madaris and individual institutions indicating the purpose as well for which “Sanads” can be issued. Names of the institutions are as under:---
Name of Wafaq/Tanzeem/Institution
1. Wafaq-ul-Madaris, Markazi Office Gordon, Town Sher Shah Road, Multan.
2. Tanzeem-ul-Madaris Ahle Sunnat, Jamia Naeemia Rizvia, Garhi Shaho, Lahore.
3. Wafaq-ul-Madaris, Al-Salfia Hajiabad Post Code-38600, Faisalabad.
4. Wafaq-ul-Madaris Shia, Jamia-al-Muntazar, H.Block Model Town, Lahore.
5. Rabita-ul-Maddaris-Al-Islamia, Manzoor Road, Lahore.
6. Jamia Islamia Minhaj-ul-Quran, 368 Model Town, Lahore.
7. Jamia Taleemat-e-Islamia, Sargodha Road, Faisalabad.
8. Jamia Ashrafia, Ferozepur Road, Lahore.
9. Darul Uloom Mohammadia Ghousia Bhera, District Sargodha.
10. Darul Uloom, Korangi, Karachi.
[the above list finds mentioned in the case of Maulana Abdullah v. Returning Officer and others (2003 SCMR 195)].
13. In our country educational institutions, both in the Government and private sectors, suffer from lack of uniform education policy, therefore, for the building of national cohesion by promoting social and cultural harmony and designing curricula relevant to nation’s changing social and economic needs, compatible with the basic national ideology and thereby providing massive shift from general education to more purposeful agro-technical education; to make provision for Federal supervision of curricula, preparing text-books for various classes and for maintenance of standards of education; Federal Supervision of Curricula, Text Books and Maintenance of Standards of Education Act, 1976 [herein after referred to as “the Act of 1976”] was promulgated. In exercise of powers under this Act, the Federal Government empowered the UGC to laid down criteria for acceptance of “Sanads” of “Deeni Madaris”. Thus UGC vide notification No.8-418/Acad/82/128 dated November 17, 1982 declared that the “Sanad” of Shahadat-ul-Almiyya-Fil-Uloomil-Arabia-Wal-Islamia granted by a “Deeni Madrasah,” whose name finds mention therein shall be considered equivalent to M.A. in Arabic/Islamic Studies for the purpose of teaching Arabic/Islamic Studies in the colleges and universities and for pursuing higher studies in Arabic and Islamic Studies. However, for employment other than teaching, “Sanad” holders were required to qualify in two additional subjects other than Arabic and Islamic Studies at B.A. level of a university. They have also to qualify in the newly introduced subjects of Elective Pakistan Studies and Islamic Studies at the B.A. level. The UGC had been issuing notifications subsequent thereto as well, on 7th June 1982 (No.8-418/Acad/84/ 1316); on 12th August 1987 (No.8-418/Acad/86/2560), and a notification of even date bearing No.8-418/Acad/86/2573. By means of these notifications the criteria laid down in notification dated 17th November 1982 by the UGC for making “Sanads” of “Deeni Madaris” acceptable for employment purposes other than the teaching had been reiterated alongwith the names of “Deeni Madaris” recognized by it. Thus, it is a fact that from 1982 onwards the UGC by means of various notifications referred to herein-above had been dealing with the cases of a large number of students who received education in “Deeni Madaris” and were granted equivalence certificate subject to passing examination of the additional subjects at the B.A. level. Identical question came up for consideration before this Court in the case of Maulana Abdullah (ibid), wherein latest notification issued by the UGC dated 25th July 2002 was reproduced. It is significant to note that in this notification the UGC had made it clear that the “Sanad” Shahadat-ul-Almiyya-Fil-Uloomil-Arabia-Wal-Islamia (Master Degree) granted by approved Wafaq/Tanzeem-ul-Madaris and individual institutions is recognized as M.A. Arabic/Islamic studies for teaching purpose only. The word ‘only’ means “for no other purpose” (Black’s law Dictionary 5th Edition) and in Government of Punjab v. Naila Begum (PLD 1987 Lahore 336) it was held that “the word ‘only’ found in this article cannot be ignored and plays a significant role in the interpretation of the article. According to Oxford Dictionary, word ‘only’ means, solely, merely, exclusively, or by itself alone without anything else.”
14. The Act of 1974 now has been repealed by the Higher Education Commission Ordinance, 2002 [herein after referred to as “the Ordinance 2002”]. Its Section 22 Sub-section (2) has provided safeguards to everything done or action taken under the repealed Act of 1974 . As a result thereof, all the notifications referred to herein before have been saved. Besides, Section 10(o) of the Ordinance 2002 confers functions upon the Commission to determine the equivalence and recognition of the degrees, diplomas and certificates, awarded by Institutions within the country and abroad.
Thus, it is manifest that subject to passing examination of two additional subjects and newly introduced subjects of Elective Pakistan Studies and Islamic Studies at the B.A. level, “Sanad” of Shahadat-ul-Aalmia obtained by the students from Wafaq/Tanzeem-ul-Madaris and individual institutions, duly recognized by the UGC, could be used for employment purposes other than teaching and without passing examination at B.A. level from a university in four subjects noted above, these “Sanads” if issued by recognized institution by UGC/HEC, could be used for teaching purposes and for Higher Education only.
15. It may also be noted that the prospectus of one of the recognized “Deeni Madaris” i.e. Jamia Ashrafia (Ashrafia Islamic University), Lahore indicates that the “Sanads” of Shahadat-ul-Aalia and Shahadat-ul-Aalmia have been shown to be equal to degrees of Graduation and Master whereas a degree can only be granted by a University established by the Government itself, thus, any degree granted by a private University, which is not recognized by the Government, is not acceptable. Reference in this behalf may be made to Azeezbasha v. Union of India (AIR 1968 SC 662). Relevant para therefrom reads as under thus:---
“21. Before we do so we should like to say that the words “educational institutions” are of very wide import and would include a university also. This was not disputed on behalf of the Union of India and therefore it may be accepted that a religious minority had the right to establish a university under Article 30(1). The position with respect to the establishment of Universities before the constitution came into force in 1950 was this. There was no law in India which prohibited any private individual or body from establishing a university and it was therefore open to a private individual or body to establish a university. There is a good deal in common between educational institutions which are not universities and those which are universities. Both teach students and both have teachers for the purpose. But what distinguishes a university from any other educational institution is that a university grants degrees of its own while other educational institutions cannot. It is this granting of degrees by a university which distinguishes it from the ordinary run of educational institutions. See St. David’s College, Lampeter v Ministry of Education, 1951-1 All ER 559. Thus in law in India there was no prohibition against establishment of universities by private individuals or bodies and if any university was so established it must of necessity be granting degrees before it could be called a university. But though such a university might be granting degrees it did not follow that the government of the country was bound to recognize those degrees. As a matter of fact as the law stood upto the time the Constitution came into force, the government was not bound to recognize degrees of universities established by private individuals or bodies and generally speaking the Government only recognized degrees of universities established by it by law. No private individual or body could before 1950 insist that the degrees of any university established by him or it must be recognized by government. Such recognition depended upon the will of Government generally expressed through statute. The importance of the recognition of Government in matters of this kind cannot be minimized. This position continued even after the Constitution came into force. It was only in 1956 that by sub-s.(1) of S.22 of the University Grants Commission Act (No.3 of 1956), it was laid down that :
“the right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees.”
Sub-Section (2) thereof further provided that :
“save as provided in sub-s. (1), no person or authority shall confer, or grant, or hold himself or itself as entitled to confer or grant any degree.”
S.23 further prohibited the use of the word “university” by an educational institution unless it is established by law. It was only thereafter that no private individual or body could grant a degree in India. Therefore, it was possible for the Muslim minority to establish a university before the constitution came into force, though the degrees conferred by such a university were not bound to be recognized by Government.”
In view of above principle, it is held that a degree, if issued by an institution other than a recognized university by the Government is not acceptable. Reference may be made to Section 4(c) of the University of the Punjab Act, 1973 for precedent.
16. It is worth to mention here that “Deeni Madaris” in the country are being run/managed mostly in private sector without any statutory sanction, different to other educational institutions and universities, which are functioning under the general education system. Some of “Deeni Madaris,” however, have obtained registration under the Societies Registration Act, 1860, whereas others are being run without having affiliation either with any university or Board of Intermediate and Secondary Education. Now Government had promulgated Pakistan Madrasah Education (Establishment and Affiliation of Model Dini Madaris) Board Ordinance 2001 [herein after referred to as “Dini Madrasah Ordinance 2001”] to establish such model Madaris and model Darul-Ulooms in which the Islamic education is the main component and it includes courses and curricula of general education system. According to preamble, the object of promulgating this Ordinance is to provide for securing the registration, regulation, standardization and uniformity of curricula and standard of education of the “Deeni Madaris” imparting specialized Islamic education in Pakistan with the general education system, in order to enable recognition of equivalence of the degrees, certificates and “Sanad” awarded by such institutions, to regulate their examination system and the matters connected therewith or ancillary thereto. A cursory glance on the curricula of the Wafaq/Tanzeem-ul-Madaris and individual institutions, reproduced herein above, would show that except specialized Islamic Education, the students are not being taught a single subject of general education system enabling them to join the mainstream and compete with educated class of the country, for employment or any other purpose, including the election of Parliament and Provincial Assemblies and of Local Government. We feel sorry for a student of “Deeni Madrasah” who spends approximately same period which is spent by a student of general education system in recognized institutions but former had no future on the basis of “Sanad” except for teaching purposes in the subject of Islamiat and Arabic or for the purpose of pursuing Higher education in the same subjects, but without any future prospects in other walks of life.
17. Now adverting to the status of IBCC (Inter Board Committee of Chairmen), it is to be observed that Government of Pakistan, Ministry of Education, issued notification No.F.5-5/90-JAE (CW) dated 22nd April 1990, which reads as under:
“In exercise of the powers conferred by the Sub-Section-1 of section 3 of the Federal Supervision of Curricula, Textbooks and Maintenance of Standards of Education Act 1976 read with Notification No.D.773/76-JEA (CW) dated 4th December, 1976, the Federal Government is further pleased to appoint the Inter Board Committee of Chairmen (IBCC) to be the competent Authority for determining of equivalence of Certificate/Diplomas up to Higher Secondary level.”
Later on, a meeting of 67th Equivalence Committee was held on 14th January 1996, wherein the case of a student, who had applied for equivalence certificate, was examined and recommendations were made to treat Shahada-tul-Sanvia-tul-Aama course equivalent to SSC and Shahada-tul-Sanvia-tul- Khasa equivalent to HSSC, subject to passing of English, Urdu and Pakistan Studies at respective level (SSC or HSSC) from AIOU/Boards of Pakistan in the absence of their own. In this meeting, it was further observed that Wafaq/Tanzeem-ul Madaris and individual institutions may revise their courses by including the subjects of English, Urdu and Pakistan Studies so they may have comparable package of subjects like SSC and HSSC scheme of studies, but no steps have been taken so far in this behalf, as a result whereof such certificates cannot be utilized by the students of “Deeni Madaris” for any useful purpose like the “Sanad of Shahadat-ul-Aalmia which at least can be used for teaching purposes and pursuing higher studies. It is to be seen that IBCC has also recognized/approved the same “Deeni Madaris” which are recognized by the UGC/HEC vide notification No. IBCC/ES/Misc/1219 dated 21st July 2005.
18. Khawaja Haris Ahmed, learned counsel for the petitioner (in CP.1622-L/2005) contented that under Section 152(1)(e) of Ordinance 2001, a candidate is not bound to produce a certificate of Matriculation if he has higher academic qualification than the Matriculation or Secondary School Certificate issued by a “Deeni Madrasah”. According to him “Sanads” possessed by the petitioners fulfill this condition, therefore, they were not required to produce equivalence certificate.
19. We are not inclined to entertain his arguments in view of the fact that under Section 152 (1)(e) of the Ordinance 2001, a candidate can qualify to contest the elections if he has academic qualification equivalent to Matriculation or Secondary School Certificate. Here the word “equivalent” is of much significance. This word has not been defined either in the Act or any of the statutes discussed herein-above. Therefore, reliance is to be placed on its dictionary meanings In Black’s Law Dictionary (Eighth Edition) the word “equivalent” has been defined as follows:
“equivalent, adj. 1. Equal in value, force, amount, effect, or significance. 2. Corresponding in effect or function; nearly equal; virtually identical.
In “Corpus Juris Secundum” (Volume 30A) the word “equivalent” has been defined as under:
“equivalent. As an Adjective. Alike in significance and value; as good as; equal or identical; identical in effect; equal in worth or value, force, power, effect, import, and the like; equally good; equal so far as concerns the matter under consideration; of equal value, force, import, and effect; having equal or corresponding import, meaning, or significance; of the same import or meaning.
In “Words and Phrases” (Volume 15) published by West Publishing Co., the word “equivalent” has been defined as follows:
“equivalent” To be ‘equivalent to’ means to be equal in value, to be the same, corresponding to and to be worth.
The word ‘equivalent’ has been defined to mean ‘equal in value, area, volume, force, meaning, or the like; synonym: alike, identical.”
A perusal of above definitions of the word ‘equivalent’ makes it abundantly clear that a “Sanad” holder should possess academic qualification having the same value as that of Matriculation Certificate. A “Sanad” cannot be considered equivalent to a Matriculation Certificate unless an equivalence certificate has been obtained from the IBCC. As discussed above the IBCC will issue equivalence certificate if a candidate has passed additional examination of English, Urdu and Pakistan Studies at SSC or HSSC level from AIOU/Boards of Pakistan. Admittedly the petitioners have not passed the examination of these subjects from any of these institutions. As such, the argument of the learned counsel has no substance.
20. Learned counsel for the petitioners contended that the Election Commission of Pakistan (ECP) had allowed to contest elections of Parliament, Provincial Assemblies, etc. by issuing a notification dated 29.7.2002 to the “Sanad” holders from Wafaq/Tanzeem-ul Madaris and individual institutions therefore, they are also qualified to contest Local Government Elections. It may be noted that firstly the notification issued by the ECP is not under discussion in present proceedings; secondly, the educational qualification for the election of Parliament and Provincial Assemblies is different from the educational qualification of a Nazim or Naib Nazim under Section 152(1)(e) of Ordinance, 2001. Therefore, confining ourselves to the extent of Local Government Elections under Ordinance 2001, the question of validity or otherwise of the notification issued by the Election Commission of Pakistan will be considered separately at appropriate time.
21. We have examined the “Sanads” of the petitioners in each petition separately keeping in view the approved list of the recognized “Deeni Madaris” reproduced herein above. Except the “Sanad” possessed by Saeed Ahmad (petitioner in CPLA No.1622-L/2005) the “Sanads” of remaining petitioners have been issued by the “Deeni Madaris” which have not been approved/recognized by UGC/HEC. But, “Sanad” possessed by petitioner Saeed Ahmed is also not acceptable because he had not qualified examination in additional subjects, discussed herein above, from a university recognized by the Government nor equivalence certificate has been obtained by him.
Thus, it is held that petitioners have failed to satisfy the requirement of Section 152(1)(e) of the Ordinance 2001 and they are not qualified to contest the Local Government Elections.
22. Learned counsel for the petitioner in CPLA No.1622-L/2005 contended that notification No.IBCC/ES/MISC/1219 dated 21.7.2005, relied upon by District Returning Officers as well as the High Court to conclude that petitioners had not obtained equivalence certificate of the “Deeni Madaris” mentioned therein, has no nexus with the present cases as after the promulgation of Dini Madrasah Ordinance, 2001 such certificate has to be issued by the Board under this Ordinance.
Mr. Makhdoom Ali Khan, learned Attorney General for Pakistan stated that equivalence certificate is to be issued either by Higher Education Commission or by the IBCC but as far as the Board under Section 5(j) of the Dini Madrasah Ordinance, 2001 is concerned, it is empowered only to approve equivalence of degrees, diplomas, Sanads or certificates of the “Deeni Madaris” duly registered with the Board.
23. In this context it is to be noted that in view of above discussion, equivalence certificate is to be issued either by the UGC/HEC or by IBCC in respect of “Sanads” issued by “Deeni Madaris” recognized by the Board under Dini Madrasah Ordinance 2001 and the students have qualified the examination according to curricula provided by the Board, Therefore, argument being without force is repelled.
24. Learned counsel in CPLA No. 1579-L of 2005 contended that respondent Muhammad Sharif had no locus standi to file writ petition under Article 199 of the Constitution, challenging the “Sanad” of petitioner, as no one had raised objection on his nomination papers at the time of scrutiny.
The objection so raised by the learned counsel would have no impact on his case because his “Sanad” has also been found not acceptable for the criteria discussed above.
25. Learned counsel in CPLA No. 1597-L of 2005 contended that in addition to “Sanad” issued by “Deeni Madrasah”, petitioner is also in possession of a matriculation certificate, therefore, he was qualified to contest the elections.
The argument is unfounded because the matriculation certificate possessed by him has been found bogus by the High Court in view of the report from the concerned Board.
26. Learned counsel in CPLA No. 1600- L of 2005 urged that the “Sanad” obtained by the petitioner is acceptable because the “Madrasah” wherefrom he has obtained it, is affiliated with the Shah Abdul Latif Bhattai University, Khairpur Sindh.
It may be noted that the “Sanad” issued by “Deeni Madrasah” having affiliation with the university would not be acceptable unless it is shown that in view of the notification dated 17th November 1982, petitioner has passed examination in additional subjects at B.A. level.
27. In CPLA No.1624-L of 2005, the “Sanad” has been obtained from a “Deeni Madrasah” of Azad Jammu & Kashmir. UGC/HEC which is not a recognized “Madrasah” by UGC/HEC nor equivalence certificate has been obtained by him. In addition to it, learned counsel for caveat relied upon a letter dated 12.8.2001, issued by the Government of Azad Jammu & Kashmir Directorate of Religious Affairs, contents whereof have not been denied by the learned counsel for petitioner. A perusal of this letter indicates that the “Sanad” of the petitioner has been found to be bogus by the concerned authority of the Government.
28. Thus, it is concluded that :-
i) If “Sanad” i.e. Shahadat-ul-Aalmia-Fil-Uloom- Ul-Arabia-Wal-Islamia obtained by a candidate from a “ Deeni Madrasah” (seminary), which is duly recognized by UGC/HEC and its holder had passed examination of additional subjects as it has been mentioned in notification dated 17th November 1982 (No.8-418/Acad/82/128) issued by UGC/HEC and equivalence certificate has also been issued by Higher Education Commission under Section 10(o) of the Higher Education Commission Ordinance 2002, then it is acceptable for the purpose of employment and for any other purpose including the elections of Local Government.
AND
ii) “Sanad” of Shahada-tul-Sanvia-tul-Aama (SSC) and Shahada-tul-Sanvia-tul-Khasa (HSSC), if obtained by a candidate from recognized “Deeni Madrasah” by UGC/HEC and he has also passed examination of English, Urdu and Islamic Studies, from any Board of Intermediate and Secondary Education, and had obtained equivalence certificate from IBCC, in pursuance of notification No.IBCC/ES/Misc/1219 dated
21st July 2005 read with notification No.F.5-5/90-JAE(CW) dated 22nd April 1990 he shall be qualified to contest the Local Government Elections, according to the provisions of Section 152(1)(e) of Punjab Local Government Ordinance, 2001.
21st July 2005 read with notification No.F.5-5/90-JAE(CW) dated 22nd April 1990 he shall be qualified to contest the Local Government Elections, according to the provisions of Section 152(1)(e) of Punjab Local Government Ordinance, 2001.
As a result of above discussion, impugned judgments passed by Lahore High Court are confirmed and petitions are dismissed.
CJ.
J.
Lahore, the J.
16th August, 2005
APPROVED FOR REPORTING.
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