Showing posts with label Swat. Show all posts
Showing posts with label Swat. Show all posts

Wednesday, May 27, 2009

Lahore Attack ..a Fall out ?

Its a fall out ..and a bad one indeed..the enemy meant to strike as expected and it did with sheer frustration. Sometimes the final shots are hardest and most destructive..today it was the case.

Baituallah, Fazullah or RAW ..who is behind this ..doesnt matter , we have an enemy that is focused on one target only ..Pakistan's Security installations and its treasured human resource.

Too many injured and dozens dead..martyred so to speak ..why .its no time for political calling or blaming Americans or Pakistan Army..the corrupt and incompetent rathe IMPOTENT govt of ours had the prior knowledge as revealed today , why blame Taseer than when srilankan team was attacked , it is in the very blood of these blood thirsty , taliban like elites of ours who are no different from anyother menace to our safety.

whether Hafiz Saeed was the target or the ISI building where Liberty attackers were being questioned and put to table ..or was it Rescue 15 team that was working day and night to make our days and nights safer[ please dont blame the ones who lost their lives by labelling them corrupt, not every police man in this country is corrupt]..these questions can only be answered in one go ..may be all of them ..the modus operandi was much like that of Manawan and Liberty ..but it seemed some minor changes were made at the very last minute..

Respect this country please ..dont allign your self with the forces who are only out there to destabilize the land of pure..dont blame our Jawans and intelligencia for everything ..intelligence agencies dont get their trainings for protecting you physically ..its the job of civil infrastructure and governance ..the very two factors that are always lacking in this country.

On a positive note in this grim picture is the common sense that leads one to ponder ..THEY ARE SUFFERING thus ACTING in the manner ...

May Allah Bless Pakistan ..Ameen

Thursday, May 21, 2009

Signs for Men of Understanding

As our heroes continue to fight in the battle field some elements in our very ranks continue doing what they do best ..Destabilize and demoralize the nation. The statement from ISPR suggesting the role of help that TTP is getting from Afghan Taliban shows either a tactic to appease or double play the real enemy otherwise it demands a clear explanation .Jamaat E Islaami Pakistan once played a great role in the Afghan war now distances itself from any righteous actions it seems , the students from their political wing are much busy in beating the hell out of their political rivals , where as the senior leadership is busy criticizing the army ..Someone should ask them what is the solution they have in mind ..this is where it gets wrong..No one has the courage to DENOUNCE publically those political factions who have become more of a pressure group. Alienating themselves from the national interests these people have developed a NATURE of the left wing with no basis to its so called principles. in times when our majors and SSG commandoes are leaving their families behind , toddlers as orphans and parents and wvies saying we will sacrifice everything for the country.these pressure groups JI, JUI and sadly PTI for the moment has become none other than foes instead of friends.it was the MMA govt that called for army on the pressure of federal govt and intelligence agencies but never allowed them to engage in an operation of any kind allowing a coherent organized army of the monsters who have become a menace to the people. That on their part was criminal negligence.

Those who criticize the army by putting it this way that the soldiers are patriotic but the generals and the colonels are mere American puppets, merely out of a habit I believe … must know that during this very operation very HIGH RANKING officials are themselves in the battlefield leading their men in the most difficult war of all time. No country in the world has been doing it like Pakistan, if we were Americans or Israelis human life and collateral damage wasn’t and mustn’t be an issue for us .carpet bombing as these two nations are apt at ..we would have opted the very move every time the enemy was marked. It’s easier said than done and those who do it can only feel what its like in a gorilla war specially when our enemy is not even wearing uniforms like LTTE or Hamas for that matter.

On the other hand the inactions and criminal negligence of the political government is making the IDPs suffer the most, these are people who hardly had the scorching sun in those beautiful valleys , their kids were more habitual of playing in gardens and fruit farms and mountains are left in the open in heat as maddening as hell it seems. Where is the money going and why isn’t it filtering down to the bottom where it needs to be spent. On a sad note the motivation level of the nation is so low that it comes nowhere close to the days when earthquake hit the northern areas. In this scenario a nationwide campaign should have been launched to motivate the people from every part of the country to either volunteer or to aid their other country men. Provincial govt seems too busy in giving names to the president and calling it urgent for the medals of bravery for their own party men. Afzal Khan Lala is a courageous man indeed but shouldn’t it be a better action if the medal for his bravery be instead set up in the face of a trust made in his name for people from the region, and he himself visiting them sometimes so people actually could relate to them and feel part of the whole process.

June is being said to be the most critical month this year that’s when the butcher mentality US chief for Afghanistan takes his charge, more bloodshed and more drone attacks will therefore be seen. America is pushing Pakistan to start the final offensive in Waziristan even before they finish the swat episode. This is where army will be pushed to its maximum and uncomfortable stretch. How the events will unfold if indeed they will is yet to be seen..

Finally …stop playing politics Pakistan..Nations suffer and nations rise too ..Every storm has a price..no one can relate to the plight of the father who was shot only because he refused marrying his daughters to the faceless , monstrous Taliban ..these people fled because they were suffering , can you even dare to relate to the trauma that a 9 year old suffered from ..why..Because he saw a body with out a head on the road..this war is for Pakistan ..And sacrifices are a calling of the cause therefore.

Support IDPs ..Hear them , help them , comfort them , and aid them ..serve them ,serve us …serve Pakistan

May Allah Bless Pakistan


Note ..one can view a Report of DawnNews Correspondent Arshad Sharif reports from Matta. WATCH VIDEO

Monday, May 18, 2009

Advice From A Pakhtun Pakistani Patriot




Author : Masood Sharif Khan Khattak


Saturday, 16 May 2009The News International.




ISLAMABAD, Pakistan—The fresh military operation in Swat, launched with a lot of fanfare, is underway. The army will, undoubtedly, roll over the disturbed areas and it shall look as if the militants have been completely wiped out. But then this is where reality takes over from the apparent.

It is a known fact that unconventional forces/insurgents never put up a pitched battle against an advancing and angry regular army. They wait for the army to tire itself through days of operations incited by sporadic acts of violence, ambushes, raids, etc., in the entire disturbed area so that the army extends itself, dissipates its resources and extends its lines of communications thus opening itself to more attacks in terms of raids, ambushes and other violent acts.

For the insurgents this can take days, weeks, months or even years. They have all the time in the world to fight when they want to and wherever it suits their purpose. This is what the Pakistan Army needs to guard against. It should locate itself in the disturbed areas in order to help the civil structure take root again rather than tire itself running after shadows over inhospitable terrain. We must understand that the Pakistan Army, Navy and the Air Force are Pakistan's first as well as last line of defence. Now that we are in the grip of internal disorders the armed forces, essentially the army, have become our last line of defence. What will happen if this institution somehow suffers back-breaking defeats and the insurgents are able to control large tracts of the country? Must Pakistan let that happen? The answer is an obvious no. But when the army is deployed to fight a seemingly endless insurgency of the intensity that we are today witnessing, all on its own, the results have to be detrimental.
We need to now understand that military actions that cause disruption to normal civic life in the country will always be something that favours the militants. Today, the entire country is in a state of siege. The question that begs an answer is regarding who actually is winning this war, the state or the militants? Most people would say that the militants seem to have the upper hand because the state is getting more and more stuck in quicksand and is steadily losing its ability to maintain its writ. Under the garb of security the sycophants have bottled up the leadership at the local level, the provincial and the federal level so that then they themselves can rule on behalf of the actual rulers at all levels.
Time is, indeed, running out for Pakistan. It is never going to be enough to throw the Pakistan Army into an endless cycle of counterinsurgency operations and then hope for a turn around. What will be of help are political actions at all levels aimed at providing a normal civic life to the citizens of Pakistan whether they live in small remotely located villages or in the bigger cities. The army should then form the punch under which the launching of those initiatives is possible – a punch that builds confidence in the population of the disturbed areas to carry on living in their homes because of just the simple presence of the army in the area. Under the cover of that punch the revival of the civil machinery in all disturbed areas must take place immediately and when the population of an area realizes that the state of Pakistan is there to make life better for them in terms of civic amenities, schools and colleges for their coming generations, hospitals to provide them health care when they need it most the state would have attained a decisive victory.
While dealing with the present crisis the Pakistan Army's deterrent potential and its military balance needs to be kept intact in order to save Pakistan's integrity from suffering a grievous blow. Most Pakistanis would agree that today, when Pakistan is in the grip of intense militancy, the Pakistan Army is the last hope to keep Pakistan intact. The Pakistani nation must understand clearly that the target of any internal or external force that is interested in weakening and disintegrating Pakistan is none other than the Pakistan Army itself. When, and if ever, those forces achieve the aim of neutralizing the Pakistan Army the disintegration of Pakistan would be a natural corollary. Therefore, people who matter have to join heads and hands immediately in order to make Pakistan cohesive all over again.
It has to be unambiguously said that, at present, it is the admirable level of patriotism of the Pakhtuns that is saving Pakistan from a very ugly situation. However, aspects like these are never permanent and should not be taken as granted. We must remember that the Bengalis were perfectly patriotic Pakistanis too but are now very patriotic Bangladeshis after events pushed them away from Pakistan. We must learn from our own history and rectify the overall national situation through good statecraft backed by a strong military before time actually runs out on Pakistan. It is clear that blazing guns, tanks and gunship helicopters alone will not retrieve the situation for Pakistan unless unprecedented and bold political and developmental initiatives are taken.

The writer is a former director-general of the Intelligence Bureau and former vice-president of the PPP Parliamentarians. Email: masoodsharifkhattakATgmail.com

Sunday, May 17, 2009

Travelling with the Pak Army in Buner

Kashif Abbasi of Ary One world travelled to Buner on May 14th 2009










Well Done Jamaat Al-Daawa

There are reports that medical and rehabilitation teams from Jamaat Al-Daawa, the Kashmiri organization that used to be active in support of their kin in Indian-occupied Kashmir, have surfaced to help the hundreds of thousands of Pakistani refugees fleeing the terror of insurgents pouring in from Afghanistan, backed by anti-Pakistan forces there.

The pro-U.S. Zardari government conspired with the Americans after the Mumbai attacks to have Jamaat al-Daawa banned by the UN without any evidence that could stand in a court of law. The Zardari government was also ready to include the names of respected Pakistani personalities in the UN list had it not been for some members within the government who feated widespread popular backlash. [See: To Zardari-Gilani-Qureshi-Durrani: Why Humiliate Pakistan? ]

Daawa’s military wing was disbanded in 2004 under the orders of the military government of Pervez Musharraf. To sustain its cadre and the families of the martyrs who died fighting Indian occupation soldiers in Kashmir, Daawa transformed its entire operations into social work. And they excelled at it, first in the massive Kashmir earthquake in 2005, then in 2008, and now in the refugee camps of Pakistanis in Mardan and Swabi in NWFP.

Daawa’s largesse has included Pakistanis Hindus whose villages in Pakistan’s Sindh province faced drought. When the UN banned Daawa, sindhi Hindus came out to protest the decision because it resulted in the closure of schools that were being run by Daawa for the community [see picture at top, also check Pakistani Hindus Rally To Support Jamaat al-Daawa ].

If not for the capitulation of the Zardari government, Daawa could not have been banned by the UN based on the half-cooked evidence that the Indians came up with.

Someone might ask: Why do I want Pakistan to have groups like Jamaat Daawa?
For one, most of them are either Pakistanis, or Kashmiris, or both. And that makes them our own.

Second, they did very well in Kashmir in support of the people suffering the largest concentration of brutal occupation forces anywhere, where Indian soldiers are virtual rapists on the loose to punish the Kashmiris for wanting to be free of Indian occupation.

Third, we need people like Jamaat Daawa to end their social work and transform back into resistance groups and go back into Indian occupied Kashmir, with Pakistan’s support, to make life miserable once again for Indian soldiers. This would be the right thing to do now since India is blocking Pakistan’s water from Kashmir and is sending terrorists and saboteurs to spread mayhem inside Pakistan, disguised as ‘Pakistani Taliban’ and God knows who else.

In this regard, the Mr. Zardari’s government will do well to heed the advice of Mr. Majeed Nizami, the president of the Nawai Waqt Media Group. He advised the government to start sending Kashmiri and Pakistani resistance fighters back into Indian occupied Kashmir. His reasoning is valid. The Indians are growing arrogant by the day since we’ve given them a pass on so many issues under the prodding of our fake allies, the Americans.

Time to roll back Pakistani concessions.

Monday, May 11, 2009

India Funds Swat Terrorists: $ 650 Million To Destabilize Pakistan


By MOIN ANSARI
WASHINGTON, D.C.—There have been reports about Indian involvement in BLA and other nefarious crooks of the garden variety. Now there is solid proof and Indian RAW agents have been caught red handed.

India intelligence: “‘the aim of RAW is to keep internal disturbances flaring up and the ISI preoccupied so that Pakistan can lend no worthwhile resistance to Indian designs in the region.”

We HAVE discussed the Indian involvement in terror activities in Pakistan.

India a secret player in Afghanistan: Bases—Lashkargarh, Qushila Jadid,Khahak,Hassan Killies

We have reported on Indian intelligence services through our correspondents in Afghanistan, Bangladesh, Nepal, India, Pakistan and USA. Now there are reports that Afghans have been captured and who have admitted to the RAW activities.

Technorati Tags: Indian terror tactics

Anatomy of Indian Intelligence Services and Alliances
RAW facts on South Asia- India fails to occupy countries.
LTTE was created by India
Indian sponsored Tamil terror in Sri Lanka continues unabated
Lanka: Indian LTTE terrorists use youth as cannon fodder
Lanka Letter: RAW THE RASCAL by Prem Raj in Columbo
Pakistan Sri Lanka growing military alliance
Growing Pakistan Sri Lanka ties

Arrested militants name RAW for funding $ 650 million through Afghan secret agency: The three arrested members of a militants’ gang especially deputed by Tehrik-e-Taliban Pakistan have disclosed that RAW has been funding suicide bomb attacks in Pakistan and that the Indian agency has funneled Rs 680 million through its links with the Afghan secret agency. The gang of three persons have brazenly admitted that they belong to the group of persons who had been deputed to ‘destabilise democratic Pakistan’ with the sole purpose of ‘enforcement of Shariah’ in the country. Operators of an intelligence agency, working beyond the call of their duty, came into contact with a source ready for a tip-off against a reward and led to the arrest of Khurram Ishtiaq, Ghulam Mustafa and Shamim. The persons had been working under Qari Hussain, second-in-command to Baitullah Mehsud. All the three had been arrested on Aug 13 this year while they were on the prowl for a target. The militants had been arrested ‘red-handed’ as they possessed complete suicide kits, including two jackets and 70kg of explosives and detonators. The accused were hardened militants and took a lot of time to break in and make confessions. They revealed that Qari Hussain had been working to help three adjutants: Farukh Usman alias Shahjee, Tayyab alias Baba; Ustad, the trainer to destabilise democratic government. The Nation october 22nd, 2008

BLA – A threat to international peace by Ahmad Shah Baloch: “The BLA is the creation of Indian intelligence agencies, which are trying to create instability in the areas bordering Iran and Afghanistan.”. Expose on RAW by Isha Khan of Dhaka Bangladesh
Dhaka Diary: RAW 2008: An Instrument of Indian Imperialism by Isha Khan Dhaka Bangladesh.

In typical “baghal main churi, moun men ram ram” fashion [a famous sating about the Hindus, roughly translated as, ‘talking sweet while hiding a knife in the armpit’], the Indian delegation first hides the fact that the RAW agents are funding and arming the BLA and supporting suicide bombings by anti-Pakistan elements in the USA

Wednesday, October 22, 2008 By MAK Lodhi

LAHORE: The three arrested members of a militants’ gang especially deputed by Tehrik-e-Taliban Pakistan have disclosed that RAW has been funding suicide bomb attacks in Pakistan and that the Indian agency has funnelled $ 650 million through its links with the Afghan secret agency.

The gang of three persons have brazenly admitted that they belong to the group of persons who had been deputed to ‘destabilise democratic Pakistan’ with the sole purpose of ‘enforcement of Shariah’ in the country.

Operators of an intelligence agency, working beyond the call of their duty, came into contact with a source ready for a tip-off against a reward and led to the arrest of Khurram Ishtiaq, Ghulam Mustafa and Shamim. The persons had been working under Qari Hussain, second-in-command to Baitullah Mehsud. All the three had been arrested on Aug 13 this year while they were on the prowl for a target. The militants had been arrested ‘red-handed’ as they possessed complete suicide kits, including two jackets and 70kg of explosives and detonators.
The accused were hardened militants and took a lot of time to break in and make confessions. They revealed that Qari Hussain had been working to help three adjutants—Farukh Usman alias Shahjee, Tayyab alias Baba; Ustad, the trainer to destabilise democratic government.

Qari Hussain, the leader, prepares suicide bombers and dispatches them throughout Pakistan. He also manages funds for the splinter groups from RAW which works in collusion with the Afghan intelligence agency RAM.

Farukh Usman works as Qari’s deputy and runs the sub-setup to carry out attacks in Lahore in particular and Punjab in general. He was the mastermind of suicide attacks on FIA building, Naval War College, Model Town, Lahore High Court and PAF bus in Sargodha, the investigation has revealed.

Tayyab alias Baba mainly deals with Rawalpindi/Islamabad. He was the man behind blasts at Aabpara Market and Marriott Hotel. The third person known only as Ustad is an expert of making bombs. He is said to be of Indian origin and he ‘works with a vengeance’. He is the man who leads suicide bombers to the marked site of the blast.

The investigation revealed that there are two sub-teams: three persons of one team work under Ustad. Two of the arrested persons—Shahmim Alam alias Sohail alias Kashif alias Uncle and Khurram Ishtiaq alias Ibrahim—have been active members of the TTP and worked under direct guidance of Ustad.
Shamim was the facilitator. His task was to distribute funds to suicide bombers at the behest of Qari Hussain and Tayyab@Baba. Being educated and a well-dressed civilian-look-alike, he was assigned another important job of providing ‘reconnaissance of the target area’.

He possesses the canny ability of mixing up with urbanites. Khurram Ishtiaq alias Ibrahim is a well-trained militant. His job is to harbour suicide bombers at a secret venue till they are led to the area of operation to carry out the job. The third person of this setup, Sajid, is a resident of Ali Khel, Waziristan. It is not certain whether his services were ‘utilized’ or made his escape good.

Another team which works under Farrukh Usman alias Shahjee includes Bablu, Rehan, Ghulam Mustafa alias Asif (the third arrested person) and Abdul Rahim. Bablu’s assignment is to provide explosives at the nick of time when the suicide bombers have been finally prepared to perform the ‘sacred feat’.

Ghulam Mustafa and Abdul Rahim, a diehard Jehadi serve as guards and take care that none of perpetrators shows his back and become a deserter. In that case, there is only one choice left and that too leads one to heavens.

Former boss of the intelligence agency, Tariq Lodhi, had recommended a reward and commendation for the team who apprehended the culprits but they say their new boss Shoaib Suddle turned it down on the grounds that agency operators just did their job and no reward should be given for performing duty.

The team members disclosed that they had arrested two prime targets during Pervaiz Musharraf regime and they both had a head money of $5 million each but the reward money was shared by the two premier agencies instead passing it on to the individuals who had arrested them on their own initiative.

The team has long been working on the intelligence of militants but they got the culprits apprehended through a middleman who is ready to divulge more but “only if he is rewarded for the catch.”

The team claims that it could reach out to Qari Hussain and his gang and thus eliminate the danger of suicide blasts in Pakistan by 90 percent. Talking to The News on the condition of not divulging their names, they said, “We neither have free hand nor enough resources to break the hornet’s nest.” (Exceprt from The News–Submitted by Irtiza Ali)

This report was first published on 22 Oct. 2008 by RupeeNews.com . Moin Ansari can be reached at moinansariATaol.com

Friday, May 8, 2009

The Battle for Swat

As Foreign media may put it’s battle of survival’ .where in reality it is a much more complex scenario. Pakistan Army is on the offensive and Taliban are on the defensive. Those who support Sufi Muhammad were put in to question with the news coming out from the area that Moulvi Kifayat Ullah [son of Sufi Muhammad ] was killed when army responded after an attack on them ,this indeed sheds a good light on the situation , TSNM may now have completely surrendered to the authority dictated by Fazullah’s men and is therefore more irrelevant now.

In times when Pakistan army needs support more than ever and fortunately public support is with them earnestly . The actions that were taken in the President’s disgraceful trip to US must make every Pakistani regret of their choices in the face of these politicians . However more interestingly, those who were very much taking charge of this visit are all those who had nothing to do with the people of Pakistan and were instead installed by their bosses in UK and US. Rehman Malik, Hussain Haqqani , Zardari and now Bilawal Zardari comes in the picture. sounds more like a monarchy.

Sadly as things unfold the nation will be made to suffer more , as news coming from the trip are not so rosy, After the shameful Press conference appearance of our President where he and his BROTHER Karzai were dealt in a manner must like school boys sitting with their counselor ; Hillary Clinton , all Mr.Zardari had on his paper [ handed to him by none other than “Washington’s Ambassador to Pakistan”, Mr. Hussain Haqqani] was about DEMOCRACY, and his much cherished FRIENDS IN US. There was no word on drones, civilian lives lost or US’s support to india. It seems trade is more important in these times and that too not for us but for INDIANS .so that Pakistan suffers and Zardari prospers.

Also when foreign and LOCAL media who has this strange JUDGEMENT issue in their scrutiny , criticize the Pak Army when they oblige due to Nizam E Adal Regulation in place for having secret ties with Taliban , is now again on the offensive blaming them of not taking care of civilian lives and the displaced people.

It is however a serious situation that is emerging and the corrupt and slave govt of ours is not at all ready and concerned about those who are continuously fleeing the area in the wake of operation. It is not the job of Pakistan Army but the job of Federal Govt to provide them with food, and shelter. No tangible work has been done so far. Fortunately and unfortunately [coz it makes the elite more complacent] Pakistan happens to be a nation that comes in top 5 list of Generous Nations , it’s the charities and welfare trusts that are helping these people who never before had to sleep in the open.

Finally for those who criticize Pakistan Army, here is a documentary made by Raageh Omaar of Aljazeera [ and is not a Army funded film in anyway] so that we get a flavor of what our soldiers do to protect us .Its easier said than done.










Note: this documentary was Filmed in Dec ..thats when Loee Sam was not captured and Bajaur was the most active zone of the Tehreek E Taliban Paksitan. As of today..Bajaur is in COMPLETE control of Pakistan Army ..and Mohamand and Orakzai are the trouble zones.

Tuesday, May 5, 2009

Pakistani Taliban Movement & US Agenda

Pakistan president signed Swat peace pact as demanded by parliament, NWFP government, locals of Swat and Malakand Agency. Government and Armed Forces fully endorsed the pact with the hope of establishment of permanent peace in the area. The political leadership has favoured the government steps towards restoring of peace but some black sheep present amongst Taliban are still trying to enforce their self composed agenda with the support of foreign hands. Murdering / abducting of police and security elements, lashing of a girl, capturing Buner , not dropping weapons, challenging government writ, un-acceptance of high and supreme courts authorities, threatening media declaring political parties and democracy as “Kufar” (un-Islamic) and rejecting NWFP act of establishing Darul Qaza reveal, (one) either Sufi Muhammad do not has any control over the armed wings of Taliban, (two) some of Taliban groups supported by foreign elements are continuously trying to sabotage the peace process while challenging the government writ ,(three) Taliban desire to enforce their agenda only through force, (four ) Taliban are playing deliberately or unconsciously in the hands of anti Pakistan forces/ countries, (five) some of Taliban groups headed by Baitullah Mehsood are not interested in restoring of peace in the area. Anyhow Pakistani nation has seriously started thinking that why Taliban of Swat and surrounding areas are not behaving and abiding by the state’s laws despite that government has accepted their demands and enforced the Islamic Justice System in the area. They seem to be working for the instability of Pakistan which is in fact the Americans and her ally’s agenda. Pakistani political parties (including Jimat-e- Islami & Imran Khan’ Therik–e–Insaaf) and military leadership condemned the Taliban and Sufi Muhammad statements regarding democracy and others affairs.

The western media coupled with some of Pakistani political leader has started propagating that Taliban is going to take over Islamabad and its nuclear assets. Mr Obama is advocating for hot peruse since his pre-elected era as US President has started yelling again that Islamabad Government is very week and is unable to control Talibanization in Pakistan . On April 29, 2009 while addressing a news conference President Babrak Obama said that civilian government in Pakistan is very fragile and don’t seem to have the capacity to deliver basic services: schools, health care, rule of law, a judicial system that works for the majority of the people. The US aim of squabbling Islamabad government and propagating Talibanization of Pakistan indicate that Pentagon has launched preemptive prior to carryout some physical actions deep inside of Pakistan territory .

At the same time he also stated that Pakistan military had begun to realize that home-grown militants are more dangerous and not India posed the biggest threat to stability. Obama also told in the news conference that he was confident about the security of Pakistan’s nuclear arsenal and that the Pakistan Army recognised the dangers of weapons falling into the wrong hands. On the contrary, in the recent past the American administration criticized Pakistan Armed Forces, ISI and also tried to malign these agencies for supporting Taliban. The questions arise, why this shift in policy and pressure on Pakistan is being mounted on prior to start of three nation’s talks which will be held in next week. The answer is, “Washington is probably now interested to make a dent in the relationship of political and military leadership”. US authorities has also started showing carrot to Mr. Nawaz Shiref, which means that they have selected an alternative of the present government and will try to create another political turmoil in Pakistan.

The changing stance and giving such type of statements once the three nation’s talks are going to be held soon in Washington have increased the tension particular between Pakistan and US. Henry Clinton very rightly said that Presidents of US, Pakistan and Afghanistan will carry out the talks under the tense environment. Mrs. Clinton and her colleagues should know that tense environment is because of biased policy of America and its allies in relation to war against terror. India is being given undue advantage in the region against Pakistan and China. Obama administration seems to be living in fool paradise once she says that India is not a threat to Pakistan. Here I would also say that launching any physical campaign against nuclear Pakistan by US or any of its allies will be a suicidal mission for them.


In this context one can simply say that Obama deliberately wants to close his eyes on the core regional issue i.e. Kashmir and just asking Pakistan to do more by pitching her in so called war on terror. It is wroth mentioning here that American top brass has the strategy of controlling the states while admiring and encouraging one or some of the components of any targeted government. Thus, we can say that Washington believes in the policy of divide and rule. US is applying same strategy to be effective now on Islamabad. Let’s hope that our government tackles this situation wisely. The statements of Obama and some official of his administration will also be taken as their futile efforts at the time of President Zardari visit. Here I also want to add that such type of statements of any head of the state or official should also be termed as unethical part of diplomatic norms and customs. Unfortunately, in this regard, American leadership is on the top of the list. On April 30, 2009 Pakistani Prime Minister Yusuf Raza Gilani responded promptly on Obam’s current statement while saying that US supported a dictator, Pervez Musharraf, for eight years and the present democratic government continues to suffer from its effects. As usual American government now explained that Obama’s Statement have been published in the media without any reference to the context and they believe that present government is capable to handle all types of crises.

Now coming to the ongoing Taliban Problem of Swat and Buner the exaggerated, situation have been painted by the foreign press to carry out media trial of Pakistan. The world probably does not aware of the facts that these few Taliban will never be successful in taking control of Pakistan; since it is an Islamic moderate nuclear state and its majority is true believer of real Islam. We also know that the current situation occurred as a result of the demand of few uneducated persons, which is not even closer to the actual concept of Islam. The Taliban movement has nothing to do with Islam or ideology. They are illiterate and jobless people. Not a single Taliban belongs to a well-off family. In Swat three types of people reside i.e. (1) kissan (peasants or working class, which are Gujjars and Kohistanis), (2) Kashran (nominated people by jirgas who help implement orders), and (3) Mashran (advisors, lumberdars or deputies of the Maliks). Above them are Maliks who rule. The Taliban leadership forcibly employing the jobless youth and paying them monthly salary from Rs. 3,000 to 8,000 along with arms and weapons. For money they do everything which they are ordered to do as the saying goes you can win “the Pakhtoon by bribe and Baloch by tap”. From where this money is coming, from where these weapons are pouring in – this is not a million dollar question, which has no answer. Obviously there is foreign backing and support of all kinds.

These Taliban have not only defaced Islam or Shariah but they have also destroyed the Pakhtoon culture. Pakhtoons are traditionally hospitable and respectful. But the Taliban have demolished this concept. They deceive, cheat and betray – contrary to the Islamic code of ethics. They in the name of talks hold hostage government officials, police or FC men and demand ransom like thugs and kidnappers. They raid mazars of pirs, have desecrated Rehman Baba and Khush-hal Khan Khattaks tombs and kill the spiritual leaders – basically for the sake of looting money from their abodes. They have threatened t Many ask why the Taliban fighters wear masks and hide their faces, while Islam prohibits such a practice, kindly refer to Surah al-Baqara’s Ayaat number 11 and 12. If it is because they do not want to have photographed as it is forbidden in Islam, then why Muslim Khan and others hold press talks in front of TV cameras. Many of them must have got their NADRA cards and passports with their photographs. The only reason seems to be that the Taliban have a number of foreigners in their ranks and files who want to hide themselves from public.

On April 30, 2009 Inter-Services Public Relations (ISPR) Director General Maj-Gen Athar Abbas revealed in a media conference that due to the successful operation, launched jointly by the FC and the Pakistan Army, life was returning to normalcy in Lower Dir. He said Buner and Lower Dir have been cleared however Sultanwas and Pir Baba are still with the militants. The FC has established its headquarters at Daggar, he added. DG ISPR also disclosed that government and the security forces had been exercising maximum restraint despite clear violations of peace deal by the Taliban and moreover militants are being supported by hostile agencies and the countries adjacent to Afghan border. These hostile agencies are CIA, RAW and RAAM. Pakistan Has already asked Afghan governments and US to seize the border by erecting proper obstacles but somehow Karzai and Washington never gave positive response to this suggestion. US always insisted in increasing her forces in Afghanistan which only reflect her ultimate desire of staying in the region to contain China, Russia and capture the natural resources of Central Asian states. Though, Pakistan is passing through the most dangerous period since her inception but her nation, Armed Forces and Intelligence agencies are strong enough to defeat the conspiracy against the lonely nuclear Muslim state. There is strong perception in the masses that US never tried to hit Baitullah Mehsood due to one or other pretext and at the same time is trying to get help from Iran to make the northern alliance strong .The deliberate silence over Iran nuclear programme now , asking help from Iran in northern portion of Afghanistan, supporting India and anti Pakistan Taliban, criticizing Islamabad , Army and Intelligence agencies , backing Baloch Liberation Movement are enough examples of showing ulterior motive of Washington .

The region is contaminated with variety of Taliban, CIA Taliban, Mullah Omer Taliban, KGB Taliban, Punjabi Taliban,, warlords of the Mujahideen, drug cartels, al Qaeda terrorist groups, extreme religious fanatics, mercenaries and foreign troops all interlinked to one another, each trying to rule, plunder, loot and kill in the name of Islam. CIA with the help of her adopted kids (RAW, RAAM AND Mossad) is deliberately tarnishing the ISI image by involving the later in helping Taliban. But I will just say that Pakistani nation, its security forces and intelligence agencies are strong enough to defeat the interior and exterior anti Pakistan elements and foreign hands .Media has started positive role in the current situation.

Concluding I must ask my nation to be untied and strengthen our Armed forces, its intelligence agencies and throw away black sheep present amongst us. We must pay tribute to the troops of security forces, people who have left their area, laid their lives for fighting Pakistan Battle. American top brass must know that they are earning hate and nothing else by involving them in crushing innocent people particularly Muslims. I would also like to ask my Taliban brothers to come on right track, throw away the weapons, hold the pen and join the main stream of Pakistani nation and fight for true Islam instead enforcing self composed agenda and playing in the foreign hands.

Author : Zaheer Ul Hassan

Thursday, April 23, 2009

Document of Nizam E Adal Regulation

Whilst the whole elite lot and some of the mainstream ignorant whine about the sharia implmentation in Malakand Division , what they dont do is actually reading the document that is subject of so much discussion. Pakistan Tehreek E Insaf is one sane voice in a herd of these insane people, their stance is not political and goes beyond the agenda of point scoring , despite having enough differences with the ANP , PTI 's stand on Nizam E Adal is examplory.


Dr. Shireen Mazari recalls ..'People should actually read it and then comment as to where its wrong, we support the law its the implementation that is a question yet to be answered'


Here is for some of our friends and country men who want to find out what actually the whole Nizam E Adal Regulation is all about instead of merely beating about the bush and managing the status quo.


Nizam E Adal Regulation Bill 2009


Regulation to provide for Nifaz-e-Nizam-e-Sharia’h through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Mansehra district and the former State of Amb.Preamble.---WHEREAS it is expedient to provide for Nifaz-e-Nizam-e-Sharia’h through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Mansehra district and the former State of Amb; AND WHEREAS clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs, and in giving such direction with respect to any law, the Governor may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction; AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly, make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof; NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North-West Frontier Province, with the approval of the President, is pleased-


(i) to direct that the laws specified in column 2 of Schedule I shall apply to the Provincially Administered Tribal Areas as afore said; and


(ii) to make the following Regulation:-


1. Short title, extent and commencement. ---


(1) This Regulation may be called the Nizam-e-Adl (Shariah) Regulation, 2008.


(2) It shall extend to the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Mansehra district and the former State of Amb, hereinafter referred to as the said area.(3) It shall come into force at once.


2. Definitions. ---


(1) In this Regulation, unless there is anything repugnant in the subject or context,- (a) "A’alim" means and includes a person having advance degree in tafseer-e-Quran, Ahadith-e-Nabvi (Sallallaho Alaihe Wasallam), and/or Fiqh-e-Islami from a recognized institution;


(b) "Chairperson" and "member" respectively mean the Chairperson or, as the case may be, a member of the Committee;


(c) "Committee" means the Committee constituted under paragraph 7;


(d) "Court" means the court of competent jurisdiction established and designated as such under this Regulation, and includes a court of appeal or, as the case may be, a court of revision;


(e) "Government" means the Government of the North-West Frontier Province;


(f) "Muavin-e-Qazi" means a person whose name appears on the current panel of Muavineen-e-Qazi drawn under paragraph 7;


(h) "panel" means the current list of the names of Muavineen-e-Qazi for a specified area;


(i) "paragraph" means a paragraph of this Regulation;


(j) "prescribed" means prescribed by rules made under this Regulation;


(k) "Qazi" means a duly appointed judicial officer as specified and designated in column 3 of Schedule II;


(l) "Qazi Court" means the court of competent jurisdiction established and designated as such under this Regulation, and includes a court of appeal or, as the case may be, a court of revision; (l) "recognized institution" means the Shariah Academy established under International Islamic University Ordinance, 1985 (Act XXX of 1985) or any institution imparting Shariah training and recognized as such by Government;


(m) "Schedule", means a Schedule to this Regulation;


(n) "Sharia’h", means the injunctions of Islam as laid down in Quran Majeed and Sunnah-e-Nabavi (Sallallaho Alaihe Wasallam), Ijma and Qias.Explanation.---In the application of this clause to the personal law of any Muslim sect, the expression "Quran Majeed and Sunnah-e-Nabavi (Sallallaho alaihe wasallam)" shall mean the Quran Majeed and Sunnah-e-Nabavi (Sallallaho alaihe wasallam) as interpreted by that sect; and


(2) All other expressions, not expressly defined in this Regulation, shall have the same meanings as assigned to them in any other law for the time being in force in the area to which this Regulation applies." .


3. Application of certain laws to the said area. ---


(1) The laws specified in column 2 of Schedule I, as in force in the North-West Frontier Province immediately before the commencement of this Regulation, and so far as may be, all rules, notifications and orders made or issued thereunder, shall apply to the said area.


(2) All the laws applicable to the said area, including the laws mentioned in sub-paragraph (1), shall so apply subject to such exceptions and modifications as specified in this Regulation;



4. Certain laws to cease to operate. ---


If, immediately before the commencement of this Regulation, there was in force in the said area any law, instrument, custom or usage having the force of law not corresponding to the Injunctions of Quran Majeed and Sunnah-e-Nabvi (Sallaho alaihe Wasallam) provisions of any of the laws applied to the said area by this Regulation, such instruments, custom or usage, as the case may be, shall upon such commencement, cease to have effect in the said area.


5. Courts, Judicial Officers, and their powers and functions. –


(1) Any person to be appointed as Illaqa Qazi shall be a person who is a duly appointed judicial officer in the North-West Frontier Province. Preference shall be given to those judicial officers who have completed Shariah course of four months duration from a recognized institution.


(2) In relation to proceeding with and conducting the criminal or civil cases, all powers, functions and duties conferred, assigned or imposed on Judicial Officers in the North-West Frontier Province under any law for the time being in force, shall, subject to application of such law in the said area and established principles of Shariah, be exercised, performed or discharged by them as designated in column 3 of Schedule II.


(3) A Zilla Qazi shall have the power to authorise, through the District Police Officer concerned, on the basis of special reasons to be recorded about improper investigation, either suo motto or on the request of the concerned Qazi or a party, any other officer of an investigating agency or establishment working within the area of his jurisdiction, in lieu of or in addition to, the investigating officer already authorised, to investigate a particular case and submit his report to the Zilla Qazi about details of his investigation and findings. Where necessary, the Zilla Qazi in the light of the report of the investigating officer specially authorised or any other information, may cause a magisterial inquiry to be conducted against the delinquent investigating officer.


(4) Subject to the general superintendence of the High Court, a Zilla Qazi shall supervise the work of subordinate Courts, and, through the District Police Officer concerned, the investigating officers and officers-in-charge of police-stations in relation to investigation of cases, and of the process serving staff, within the local limits of his jurisdiction, and shall ensure that all matters relating to investigation, in substance as well in procedure, are carried out strictly in accordance with the established principles of Shariah.



(5) It shall be the duty of every officer-in-charge of a police station to ensure that complete challan in each criminal case is submitted to the concerned Court within fourteen days from the date of lodging the first information report, except in a case in which the concerned Qazi has granted special extension of time for a specified period for the reasons to be recorded:Provided that if any officer incharge of police station or investigation officer fails to submit complete challan within specified period, the Qazi concerned shall refer the matter to competent authority for disciplinary action against the police officer responsible for such delay, upon which necessary action shall be taken against him forthwith and shall be duly communicated to the referring Qazi.


(6) The officer-in-charge of a police-station shall submit a copy of the first information report to concerned Qazi within twenty four hours of its lodging, and inform the concerned Qazi from time to time, about the position and further progress of investigation of the case, and act on his directions, if any, concerning investigation of such a case:


(7) All executive authorities in the said area, including members of law enforcing agencies and members of other services of Pakistan, shall act in aid and assistance of the Courts, and shall implement their judicial orders and decisions.


(8) Government may, where necessary, issue such directions to any law enforcing agency as are necessary in relation to the service of Courts' processes on the parties, witnesses or any other person, and, for any general or specific purposes, in order to ensure the conduct of such law enforcing agency in aid and assistance of the Courts.


6. Proceedings to be in accordance with Shariah. –


(1) A Qazi shall seek guidance from Quran Majeed and Sunna-e-Nabvi (Sallallaho Alaihe Wasallam) for the purposes of procedure and proceedings of conduct, resolution and decision, of cases and shall decide the same in accordance with Shariah. While expounding and interpreting the Quran Majeed and Sunna e Nabvi (Sallallaho Alaihe Wasallam) the Qazi shall follow the established principles of expounding and interpreting Quran Majeed and Sunna-e-Nabvi (Sallallaho Alaihe Wasallam), and, for this purpose, shall consider the expositions and opinions of recognized Fuqaha’a of Islam.


(2) No court shall entertain a suit unless the plaintiff verifies that copies of plaint alongwith supporting do*****ents have been sent, through registered post with acknowledgment due to all the defendants, except in case of a suit for perpetual injunction accompanied by an application for temporary injunction.


(3) The pleadings shall be accompanied by attested copies of all relevant public and private do*****ents and affidavits of all the unofficial witnesses duly attested by an Oath Commissioner. The affidavits so submitted shall be treated as examination-in-chief of such witnesses:Provided that if, after submission of pleadings new issue arises in the opinion of court, the party intending to file may be allowed to submit fresh or amended affidavits of unofficial witnesses, as may be necessary for arriving at just conclusion of case.


(4) In all cases of civil nature written statement shall be submitted within seven days and where the defendant fails to do so his defence shall be struck off:Provided that the court may extend time for filing of written statement in extra ordinary cir*****stances.


(5) After completion of evidence, the court shall ask the parties to argue, either verbally or in writing, on the adjourned date, and, if either of the party fails to do so, the court shall pronounce judgment on merits, without any further adjournment for arguments:Provided that it shall be the duty of the court to make list of relevant reported judgments, referred to by any party as precedent, which shall form part of judicial record.


(6) No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs as may be determined by the court.


(7) Soon after the commencement of this Regulation, Government, in consultation with High Court, shall take necessary steps to establish as many courts to ensure expeditious dispensation of justice within prescribed time schedule.


(8) Where the number of pending cases at a time exceeds more than one hundred and fifty in a court of Zilla Qazi or, as the case may be, Izafi Zilla Qazi, or exceeds more than two hundred cases in a court of Aala Illaqa Qazi or, as the case may be, Illaqa Qazi, it shall be necessary to establish a new court to release the work load of the court concerned: Provided that a Qazi posted in the said area shall be entitled to such additional special allowance as may be prescribed.


(9) A period of not more than six months for disposal of a civil case, and a period of not more than four months for disposal of a criminal case, shall be standard time schedule, excluding the time spent for Sulh proceedings.


(10) A Qazi shall finalize a case within the prescribed time schedule and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the Zilla Qazi or, as the case may be, to the High Court, and shall act on the directions issued by such court in that behalf.


(11) If the Zilla Qazi or, as the case may be, the High Court, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall fix a penalty or cost to be recovered from the defaulting party and direct the court concerned to dispose of the case within an extended period of not more than one month.


(12) If in the opinion of Zilla Qazi or, as the case may be, of the High Court, presiding officer of the court dealing with the case or proceeding is responsible for delay in its disposal, the Zilla Qazi or, as the case may be, the High Court may, after providing him an opportunity of hearing, make an entry in his service record.


(13) The Muavin-e-Qazi shall remain associated with the entire judicial proceedings, and shall submit his opinion in writing, which shall be part of the record. Such a Muavin-e-Qazi shall honestly and prudently assist the court in arriving at a correct conclusion regarding the proper application of Islamic laws in the relevant references from Quran Majeed, Ahadith-e-Nabvi (Sallallaho Alaihe Wasallam), Fatawa and other books of Fiqh and Shariah of the recognized Fuqahah of Islam:Provided that a Qazi shall mention the facts of attendance of Muavin-e-Qazi and his submission of written opinion in the order sheet of the case.


(14) In criminal cases, the Investigating Officer shall prepare copies of the case file in triplicate, in addition to judicial file, so that the trial court may retain the judicial file for regular trial, and the remaining two files may be sent to the court concerned when requisitioned.


(15) The Muavin-e-Qazi, who has assisted the court, whose judgment, decree or order is under challenge through appeal or revision, may be called for hearing before the appellate or revisional Court.


(16) An appeal or revision under this Regulation shall be filed within thirty days from the date of the decision in the respective case, after sending its copies, through registered post with acknowledgement due, to the opposite party, and the appellate or revisional court shall decide the same within thirty days, without remanding it on any ground whatsoever:Provided that such court shall have the power to rectify any illegality or irregularity or omission which, in the opinion of the said court, may result injustice to any of the parties.


(17) Any decree shall be executed, either by the court which passed it, or by the court to which it is sent for execution, within sixty days.


7. Muavin-e-Qazi and A’alim Wakeel:---


(1) Government shall, as soon as may be, constitute a committee consisting of the following members, namely.-


(ii) Registrar, Peshawar High Court …………..…………Member

(iii) Secretary to Government of NWFP, Law Parliamentary Affairs and Human Rights,Department; …………………………………………..Member

(iv) District Coordination Officer of the district……….......Member concerned; and

(v) Two eminent A’alims from the concerned …….......…Members district." .



(2) The Committee constituted under sub-paragraph (1), shall have the authority to select Muavineen-e-Qazi, and the names of such Muavineen shall be declared, by notification in the official Gazette, for each calendar year, for each district or protected area, in the form of a panel of up to thirty ulema of known integrity and good character, being well-versed in Sharia’h:


Provided that the names of such persons shall be retained on the future panel, unless the Committee, for reasons to be recorded in writing, decides to delete the name of any person from the panel.


(3) A Qazi shall, for the purpose of expounding and interpreting the injunctions of Islam relevant to the proceedings of a pending case, call upon one or more of such Muavineen-e-Qazi for his assistance.


(4) The Committee may register Ulema, each of whom to be known as A’alim Wakeel, who may be qualified to become Muavineen-e-Qazi to act as Wakeel in the Courts.


(5) Subject to sub-paragraph (6), the Committee may, either of its motion or at the instance of any person, take disciplinary action against a Muavin-e-Qazi or an A’alim Wakeel, and may delete his name from the panel of Muavineen-e-Qazi or as the case may be deregister an A’alim Wakeel.


(6) The Committee shall issue notice in writing to such Muavin-e-Qazi or A’alim Wakeel, specifying the charges against him, consider his written replay, if any, and, if he so wishes, personally hear him, for taking any action under sub-paragraph (5).


(7) Any person aggrieved by the decision of the Committee may apply to the Committee, within one month of the announcement of the decision, for review and the decision of the Committee in review shall be final.


(8) A party to any proceedings before the Court may either conduct the proceedings personally or through special attorney or may duly authorise an Advocate or a duly registered A’alim Wakeel, to act as Wakeel of such party for the purposes of such proceedings:Provided that the Court may provide the services of counsel to a party if, keeping in view the financial position of such party, it so deems necessary.


(9) The name of a person may be included in the panel, or, as the case may be, registered as Alim Wakeel, if he possesses a degree of Shahadatul A’almia or L.L.B. Shariah or B.A. (Theology), or L.L.B. from a recognized institution or university who has experience in Ilm-e-Fiqh and Sharia'h, and teaching of Islamic principles of Sharia'h and jurisprudence related to Islamic laws.


(10) The names of Muavineen-e-Qazi and A’alim Wakeel shall be notified in the Official Gazette, and deletion of any of such name, or as the case may be, deregistration shall also be notified in the official Gazette.


(11) Government shall provide funds to the concerned Zilla Qazi for payment to Muavineen-e-Qazi performing duty in courts within the district.


(12) A Muavin-e-Qazi shall be entitled to such honoraria as may be determined by Government, but shall not demand or receive, directly or indirectly, any pecuniary gain from a party or parties to a dispute pending disposal in, or has recently been disposed of by, a court in the said area.


(13) The concerned Zilla Qazi shall send his comments about the punctuality, regularity, efficiency, honesty, knowledge, capability and other aspects of character of each Muavin-e-Qazi and A’alim Wakeel, to the Committee, before the middle of the month of November in each calendar year.


(14) An A’alim Wakeel shall, for the purposes of conducting cases in Courts established under this Regulation, have the same status, rights, duties and liabilities as an Advocate or pleader appointed or registered under any law for the time being in force, may have.


(15) The Committee may, before the end of the current calendar year, in the light of the comments of the concerned Zilla Qazi, or on any other information or considering the needs of the courts in the concerned area, revise the panel, and may include therein or delete there from the name of any person for reasons to be recorded, and such panel shall be urgently notified in the official Gazette.


(16) The Committee shall meet once in every three months, and may also meet as and when necessary, for- (a) preparation of panel of Muavineen-e-Qazi, and inclusion or deletion of the names of the persons in, or from, the current panel; (b) registration or deregistration of A’alim Wakeel; (c) revision of the panel for the coming year before the end of the current year; (d) interview of persons for appointment as Muavineen-e-Qazi or registration as A’alim Wakeel; (e) hearing the Muavin-e-Qazi or A’alim Wakeel, having objection to the deletion of his name, or his deregistration; and (f) any other matter ancillary, consequential, incidental or relevant thereto.


(17) The Chairperson or, in case of his absence, his nominee, and two members shall form quorum for the meeting.


(18) A meeting may be convened at the request of two members, if the Chairperson, is of the view that the convening of the meeting is necessary.


(19) All the decisions in a meeting shall be taken by majority of votes of the total members.


(20) Government shall provide funds for all the necessary expenses of the Committee.


(21) The office of the Committee shall be located at a place determined by Government in consultation with the Chairperson.


(22) The Secretary of the Committee shall be a person or officer so authorised by Government after consultation with the Chairperson, who shall maintain the record and administratively deal with the business of the Committee.".


8. Power to appoint Musleh. ---


(1) Any civil or criminal case, subject to mutual consent of parties, may be referred to Musleh before recording of evidence, either on the agreement of the parties regarding the names of such Musleh or Musleheen, or in case of their disagreement, to such Musleh or Musleheen whose names appear on the list maintained by the court for such purpose:Provided that the cases falling within the purview of Hudood laws and cases by or against the Federal or Provincial Government or any statutory body or persons under legal disabilities shall not be referred for sul’h.


(2) The Musleheen shall record their opinion with regard to a dispute referred to them with reasons therefor.


(3) Where a Musleh or, as the case may be, Musleheen, to whom a dispute has been referred for resolution, either fail or refuse to resolve it, or the Court is of the opinion that unnecessary delay has been caused, without sufficient reason, in resolving it, the Court, may, on the application of a party or suo motto, for reasons to be recorded, withdraw the order of such reference, and, after such withdrawal, it shall resolve the dispute in accordance with Shariah as if it were not referred for sul’h:Provided that, in no cir*****stances, a case shall remain with a Musleh or, as the case may be, Musleheen for a period of more than fifteen days, and, on the expiry of the aforesaid period, shall stand withdrawn to the court for further proceedings.


(4) The Musleh or, as the case may be, the Musleheen, appointed for such resolution of the dispute, after hearing the parties and their witnesses, if any, perusing the relevant do*****ent, if any, and inspecting the spot, if need be, shall form opinion about resolution of the dispute, with reasons therefor, and submit a report of their opinion to the concerned court without delay:Provided that, in case the opinion is not unanimous, the opinion of the majority members and the opinion of each dissenting member, separately or jointly, with reasons therefor, shall be so submitted.


(5) The Court shall, if it is satisfied that the opinion in a case referred to for sul’h under sub-paragraph (1) is in accordance with Shariah, make it the rule of the Court, and shall announce it as such, but, if the court comes to the conclusion that the opinion is not in accordance with Shariah, it shall declare the opinion, for reasons to be recorded, as null and void and shall start its proceedings for decision of such dispute in accordance with Shariah as if it were not referred for sul’h.


(6) The court shall, before proceeding further, provide an opportunity to the parties to submit objections, if any, to such report, and, if any, objections are so made, the court shall, after hearing the parties, decide about the correctness or otherwise of the objections.


(7) The court may either make the opinion of the Musleh or Musleheen, or the opinion of their majority, as rule of the court and decide the case accordingly, or, for solid and convincing reasons, reject such opinion and proceed further to decide the case in accordance with the established principles of Shariah.


(8) The court shall, keeping in view the actual expenses incurred by the Musleh or Musleheen, on travelling to, and stay at, the place other than the place of his or, as the case may be, their residence, and the time spent in dealing with the case, in particular cir*****stances of each case, fix the remuneration of such Musleh or Musleheen, to be paid by each party in such proportion as may be determined by the court.


9. Conduct of Judicial Officers. ---


(1) The conduct and character of each Qazi shall be in accordance with the Islamic principles.


(2) Notwithstanding anything contained in any law for the time being in force, all cases, suits, inquires, matters and proceedings in Courts, pertaining to the said area, shall be decided by the Courts concerned in accordance with Shariah:Provided that cases of non-Muslims in matters of adoption, divorce, dower, inheritance, marriage, usages and wills shall be conducted and decided in accordance with their respective personal laws.


(3) Government may, from time to time, take such measures for the purposes of sub-paragraph (1) as it may deem necessary.


10. Language of the Court and of its record. ---


All the processes and proceedings of the Court, including the pleadings, evidence, arguments, orders and judgements shall be recorded and conducted in Urdu or in English and the record of the Court shall also be maintained in the said language.


11. Powers to make rules. ---


Government, in consultation with the High Court, may make rules for carrying out the purposes of this Regulation.12. Regulation to override other laws. ---The provisions of this Regulation shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force in the said area.13. Repeal. --- (1) The Provincially Administered Tribal Areas Shari Nizam-e-Adl Regulation, 1999 (NWFP. Reg. I of 1999), and rules framed thereunder are hereby repealed.


SCHEDULE I & II( See paragraph 3(1)) visit : http://docs.google.com/Doc?id=ddgwfxq6_6hs7t45g8