Lahore 13-11-2011 pages_Layout 1 11/13/2011 1:58 AM Page 1
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Vol ii no 138 100 pages Lahore edition
Sunday, 13 november, 2011 Zul-Haj 16, 1432
Pakistan Army wants peace too: Singh indian PM says another Mumbai-like attack would be a ‘setback’ g Says he will visit Pakistan only when it takes solid steps against Mumbai attack accused
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MONITORING DESK
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ITH a combative opposition accusing him of going soft on the Mumbai attack, Indian Prime Minister said he was optimistic about the resumed with Islamabad and Pakistan Army was fully on board in carrying forward the process, the Times of India said in a report on Saturday. But the Indian premier stressed that if another “barbarous” attack were to happen, it would be a “setback”. “I did discuss with Prime Minister (Yousaf Raza) Gilani whether the is fully on board to carry forward with the peace process,” he was quoted as saying. “The sense I got was that after a long time, Pakistan’s armed forces are fully on board,” he added. He told reporters on board his special aircraft while returning from the in the Maldives: “I did discuss with [Prime Minister ] the Mumbai terror attack. Those who perpetrated the barbarous attack must be brought to justice.” “I left Prime Minister Gilani in no doubt that if public opinion in India is not satisfied that justice
is being done to those responsible to the barbarous attack, it won’t be possible to move forward with the peace process,” the Times of India quoted Singh as saying. “We both recognise that if there is another attack like Mumbai, it will be a setback to the normalization of relations. And that was understood by Prime Minister Gilani,” the Indian premier said. VISIT TO PAKISTAN: He said his visit to Pakistan would take place only when Pakistan took solid steps against the Mumbai terror attack accused. Singh’s clarification came two days after he held wide-ranging talks with his Pakistani counterpart on the sidelines of the SAARC summit and amid the Bharatiya Janata Party’s accusation that he had gone soft on terror emanating from Pakistan barely days before the third anniversary of the Mumbai attacks. Pointing out that the relations between India and Pakistan were “subject to accidents,” Singh took positive note of the decision of Pakistan to grant Most Favoured Nation status to India and stressed on encouraging development in areas such as trade and the willingness of Pakistan to discuss all issues, including that of ter-
ror.“I told [Prime Minister Gilani] that terror as an instrument of state policy has no takers in the world and it has given rise to Pakistani terrorism. Terror has to be dealt with firmly,” he said. “Trade and economic relationship is one area where progress is possible,” said Singh. Reacting to criticism in India about him describing Gilani as “a man of peace”, Singh said: “I have met Prime
SC warns army against ‘illegal actions’ CJP says action taken by armed forces without direction from govt will be unconstitutional g Says assumption of power by authority not mentioned in constitution won’t be recognised by any court
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ISLAMABAD STAFF REPORT
Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry reminded the country’s armed forces on Saturday their functions as prescribed in the constitution, saying any action of the armed forces taken without direction from the federal government would be unconstitutional, illegal, void ab initio and consequently of no legal effect. During his address to the visiting officers from National Defence University at the Supreme Court (SC), he recalled the SC verdict in the case of the Sindh High Court Bar Association vs The Federation of Pakistan to make it clearer that any illegal action of the armed forces would be unconstitutional and invite the wide and varied application of Article 6 to all who abrogate or attempt to abrogate or subvert the constitution. He added that the SC judgement had laid down that the assumption of power by an authority not mentioned in the constitution would be unconstitutional, illegal and void ab initio and not liable to be recognised by any court, including the apex court. The CJP said the responsibility to interpret the constitution had been assigned to the SC. In the same judgement, he said, the SC had also added a new provision to the Code of
Conduct prescribed for judges of the superior courts, prohibiting them from taking fresh oath on any instrument not in consonance with the constitution.He said keeping in view the importance of the armed forces, a complete chapter was introduced in the constitution which contained provisions for the command, oath and functions of the military. He said according to Article 245 of the constitution, the functions and role of the armed forces was, under the directions of the federal government, to defend Pakistan against external aggression or threat of war, and secondly, subject to law,
act in aid of civil power when called upon to do so. He told the visiting officers that the oath provided in the Third Schedule of the constitution bound every member of the armed forces to bear true faith and allegiance to Pakistan and uphold the constitution, which embodied the will of the people. Moreover, they were bound by the oath not to engage in political activities whatsoever and serve the country honestly and faithfully, as required by and under the law. The CJP said further that the constitution of any country was a supreme document that defined the composition and powers of various organs of the state and harmonised the relations between them. The constitution, he said, provided basic framework for governance of a country and its fundamental values. Various constitutions of the world provided different schemes for distribution of powers between the organs of the state, he said, adding that it was important for the state functionaries to be aware of the principles of the constitution and the law. He quoted an excerpt from Quaid-e-Azam’s address to the officers of Staff College, Quetta in 1948, in which he said: “The executive authority flows from the head of the government of Pakistan and, therefore, any command or orders that may come to you cannot come without the sanction of the executive head.” Continued on page 04
Minister Gilani four or five times. He agreed with me that there is no way but to find a peaceful resolution of all outstanding issues.” “In fact, he (Gilani) has gone ahead and expressed his reservations that terrorism is a common enemy, it has not helped advance Pakistan’s cause. I tend to believe that Pakistan has a democratic government. We would like to strengthen the hands of the democratic government,” he said. However, Singh pointed out that his decision to resume the peace process with Pakistan was not an individual-centric one, said the report. “Our approach to Pakistan is ‘trust but verify’. We are not putting blind faith in one individual. I do hope it will genuinely lead to the normalisation of relations,” he was quoted as saying.“If our government gets solid evidence that terror is continuing (from Pakistan), it will be a negative factor. If trade relations move positively, it will be a positive factor,” Singh said.“I come back with the expectation that the second round of resumed dialogue, which will commence very soon, will have the advantage of more informed dialogue. I am optimistic,” he added.
LJ terrorists kill army major, four security personnel CHAKWAL/JHELUM: A major of the Pakistan Army and four intelligence personnel were reportedly abducted and later killed by militants of the banned Lashkar-e-Jhangvi terrorist group in Jhelum on Saturday. According to the Jhelum DPO, Dr Arshad, a top commander of the Lashkar-e-Jhanvi and his men abducted Major Afaq and four other intelligence personnel for ransom. Reports from the area said that more than 200 police and military personnel launched a search operation in the area and killed five militants, including Dr Arshad, in the Pir Chambal area of Pind Dadan Khan tehsil, near the Gharibwal cement factory. However, military sources claimed that the operation was conducted by the police alone. The DPO told a private TV channel that Dr Arshad had killed the security officials during the encounter. He said that Dr Arshad was also wanted by police in a murder case in Mandi Bahauddin Saddar Police Station. agenCieS