MQM’s 3800 Criminal Cases withdrawn under the NRO

nro list page 1The NRO mudslinging competition continues to go on, each party/individual boldly underplaying his/her own association with the controversial bill. What seriously amazes me, is that we still do not have access to the full and complete list of beneficiaries and are at the receiving end of confusing reports where the totals have seemingly fluctuated from a mere initial 600 to a now whopping 8000, seriously that’s one hell’uva discrepancy. While our two-timing politicians undermine their own headcount to say its between 34 to 300 victims, probably they hope to rely on the confusing mess to numb out the issue from the minds of the people of Pakistan. Such rampant corruption which as literally debilitated this nation, it is probably their right to know was eligible for this executive presidential pardon issued by Pervaiz Musharraf and its all the more important to know who cashed it in and what precisely was waived off, in the name of politically reconciliation.

The mudslinging is for now centered on some kingpins from the PPP but in the confusion it seems MQM is trying its damnedest to sneak under the media-frenzy hoping to walk away with mere statements like “National Accountability Bureau has no case against any MQM worker“. Karachi is a witness to the anarchy of the good ‘ol terror-filled days courtesy of the MQM. The time frame for pardoning of all criminal cases charged against them ironically range from 1986 and onwards.

It might serve us well to first look at the Section 2 of the NRO which centers exclusively around the criminal cases of the MQM

SECTION 2. Amendment of section 494, Act V of 1898
In the Code of Criminal Procedure, 1898 (Act V of 1898), section 494 shall be renumbered as sub-section (1) thereof and after sub-section (1) renumbered as aforesaid, the following sub-section (2) and (3) shall be added, namely:

“(2) Notwithstanding anything to the contrary in sub-section(1), the federal government or a provincial government may, before the judgment is pronounced by a trial court, withdraw from the prosecution of any person including an absconding accused who is found to be falsely involved for political reasons or through political victimization in any case initiated between 1st day of January, 1986 to 12th day of October, 1999 and upon such withdrawal clause (a) and clause (b) of sub-section (1) shall apply.

(3) For the purposes of exercise of powers under sub-section (2) the federal government and the provincial government may each constitute a review board to review the entire record of the case and furnish recommendations as to their withdrawal or otherwise.

(4) The review board in case of Federal Government shall be headed by a retired judge of the Supreme Court with Attorney-General and Federal Law Secretary as its members and in case of Provincial Government it shall be headed by a retired judge of the high court with Advocate-General and/or Prosecutor-General and Provincial Law Secretary as its members.

(5) A review board undertaking review of a case may direct the public prosecutor or any other authority concerned to furnish to it the record of the case.”

This may seem to be quite a mouthful of legal jargon but PILDAT published a Legislative Review deciphering the NRO bill for the layperson and this is what they had to say trying to translate the Section 2 of the National reconciliatory Ordinance

Review of the Criminal Cases Registered because of Political Victimization:

The NRO has several beneficiaries. Section 2, apparently inserted at the instance of the MQM, amends section 494 of the Criminal Procedure Code. Prior to the amendment only the Prosecutors-General were empowered to withdraw pending criminal cases. Section 2 provides for Boards at the federal and provincial levels for review of criminal cases lodged between January 1, 1986 and October 12, 1999. In case the Review Boards find that the accused persons in these criminal cases including absconders have been falsely involved for political reasons or through political victimization the Boards can recommend withdrawal of such cases to the respective governments, and the concerned governments have been empowered to withdraw the same.

The NRO does not say that the respective governments are bound by the recommendations of the Review Boards. However, the power of the governments to withdraw pending criminal cases is subject to the approval of the concerned courts. The Federal Review Board is to be headed by a retired Judge of the Supreme Court and is to include the Attorney General and the Federal Law Secretary as its Members. The Provincial Review Boards are to be headed by retired judges of the High Courts and are to include the Advocates General and/or Prosecutors General and the Provincial Law Secretaries as its members.

It is not clear who will select and appoint the retired judges to head the Review Boards but it is a critical point for an objective review because rest of the members are government functionaries. There were similar Review Boards constituted during the tenure of the first Benazir Government for review of cases of public sector employees wrongfully terminated during the Zia ul Haq years on account of their PPP affiliations. The recommendations of these Review Boards led to re-instatements and righting of wrongs in several hundred cases. Prima facie section 2 may survive judicial challenge. There could be a finding that the dates are arbitrary. Why all cases between January 1,1986 to October 12, 1999? Why not also similar cases in earlier and later periods? There could also be an argument advanced that the law should require the Review Boards to hear the complainants before making their recommendations and that the respective governments must record reasons in case they disagree with the recommendations of the review boards. These are some of the desirable amendments which legislators should consider when debating the legislation in the Parliament.

So the beauty of this Section in the NRO, lies in the fact that “the review board” can be constituted at the free will of any individual or party and it can then selectively do away with cases at their own discretion marking them as “political victimization” and eventually freeing upto 3800 criminal.  Many may counter this argument saying that these cases were heard “according to a due process” and then political victimization cases were isolated and eventually dismissed – sadly we all know that this due process was only a fabrication to bend the law and the MQM must have surely appointed willing adjudicators who simply dismissed all evidence and discarded all such cases that had MQM party workers under investigation.  The NRO ordinance sponsored by Musharraf did in fact help MQM and its supporters to circumvent the law for their own advantage, hence it must be on record that jailed criminals benefited and were immediately released

Karachiites have been a witness to the rampant terrorism that had waged on our streets during the 13 year period (1986 to 1999) – there were definitely no innocent political victims from within the MQM, but instead “the victims” were actually ‘the people of Karachi’ who actually bore the brunt of their ruthlessness. Courtesy of the in-famous Pervaiz Musharraf – 3800 hardened criminals were given the golden handshake and re-infused back into our streets to yet again terrorize us all over again

DAWN: The list showed that MQM chief Altaf Hussain had got withdrawn the highest number of cases against him – 72, including 31 on murder and 11 on attempt to murder charges.

Dr Farooq Sattar, the MQM’s parliamentary leader, occupied the second slot. A total of 23 cases were withdrawn against him, including five on charges of murder and four on attempt to murder.

The third biggest beneficiary appeared to be provincial minister Shoaib Bukhari, of the MQM, against whom 21 cases were withdrawn, including 16 on murder and attempt to murder charges.

The Federal Minister for Ports and Shipping, Babar Ghouri, Sindh Governor Ishratul Ibad, Imran Farooq, Saleem Shahzad, Waseem Akhtar and former MNA Kunwar Khalid Yunus are other prominent MQM leaders who benefited from the NRO.

All these above name individuals hailing from the MQM leadership had been the hallmark of terrorism in the 80’s and 90’s. Criminals are criminals – be they be, direct murderers, or even charged with attempted / assiting to the murder must be taken to task – it is my basic belief that all 8000 people who took refuge from the NRO must be presented before an independent judicial body, presented with complete evidence and tried to the fullest extent in full public view. Knowing the political manipulators that have generally besieged our country – I also fear that this legal process might then subsequently be plagued with tremendous lack of evidence issues, as its possible that the evidences that lead to the initial conviction may also have also conveniently vanished, for which then I feel the judicial body must then scrutinize the case far more closely and in regards to criminal proceedings defer to the side of caution and keep these criminally inclined people off the streets

At the moment I feel all individuals who took advantage of the NRO bill must be forced to resign from their offices / or taken into immediate custody in regards to criminal cases and an immediate public inquiry be launched to prosecute them sadly, each one of these criminals has contributed into destroying Pakistan in some way or another, and simply should not deserve to be given even a second (or even a third) chance. The 180 million Pakistanis deserve to have the power to get rid of their society at least from these 8000 people, others we will handle with time. Let it also be known that the top of the NRO list is Asif Zardari and he must be prosecuted to the fullest and publicly


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Comments

63 responses to “MQM’s 3800 Criminal Cases withdrawn under the NRO”

  1. yaseen ch Avatar

    Altaf bai actually comes topper even by passing Zardari ,u can get back looted money back but u cant get back a life by paying even trillion dollars ,that is why altaf bhai always talks against corruption but never talks of murders he and his party members have done,if mqm is ever going to be a true political party its not possible until the whole top brass of its is hanged.

  2. Hasaan Avatar

    Pakistan is fighting terrorism and doing a good job at it. President Obama has also acknowledged this fact on the press conference along with Manmohan Singh on the 24th of November; the Pakistani media should also get this message across and cause a sense of unity and faith. The media has the right of freedom of speech and I believe that they can use it to help us raise our voices to fight terrorism instead of focusing on the list of NRO beneficiaries

  3. iftikhar Avatar
    iftikhar

    Its time people of Pakistan rise against the NROed SOBs like Altaf Hussain, Zardari, Nawaz Sharif and all of their clowns.

    Shame on MQM.

    If Altaf Hussain had any "GHERAAT" he would died by drowning in 'Chulloo bhar pani'.

    Shame on Altaf Hussain (Peer Kallan), Imran Farooq, Saleem Shahzad, Abbas Haider Rizvi and other pimps.

    1. ali raza Avatar
      ali raza

      altaf husain par lagaye hoay saray ilzam wrong hain or sahi hain tu kohi yai sabit tu karay .he was the first person who was against nro

  4. Wikki Avatar
    Wikki

    Altaf Hussain immolate thousand of Karachities for his own benefits and made properties in London. How a middle class man who is unemployed has made properties in London. Obviously, by taking BHATTA from the people of Karachi. MQM is a terrorist mafia and British national Altaf Hussain is a DON….

  5. Aamir Mughal Avatar

    In continuation of my message Aamir Mughal Says: November 24th, 2009 at 5:56 am

    One more shameful leaf from Pakistan History [recent history]

    'شریف النفس'

    http://www.bbc.co.uk/blogs/urdu/2009/11/post_544….

    وہ ملک جہاں لاکھوں کروڑوں بے زمین کسان اور کھیت مزدور ہوں، بلکہ ہزاروں لوگ جبری محنت میں بندھے ہوں اور جہاں محض چند خاندانوں کے پاس ہزاروں لاکھوں ایکڑ زمینوں کے رقبے اور جاگیریں ہوں وہاں ہزاروں ایکڑ زمین کے مالک کو 'شریف النفس' قرار نہیں دیا جا سکتا۔

    غلام مصطفیٰ جتوئی جیسے پاکستان کے سب سے بڑے جاگيردار کو شخصی طور شریف النفسی کی انفرادیت حاصل ہو تو ہو لیکن سیاسی و اقتصادی طور وہ بھی اس نظام میں غریب مسکین عوام کے جسم پر ایک بڑی جونک ہی تھے۔

    یہ تو نواں جتوئی کا پٹواری ہی بتا سکتا ہے کہ وہ زمین کے کتنے رقبے کے مالک تھے لیکن کہتے ہیں کہ سندہ میں ان کی نوے ہزار ایکڑ سے زائد زمین تھی۔ دنیا میں کہیں اور ہو تو ہو لیکن کون کہتا ہے کہ سندھ اور پاکستان میں زمین کا مالک خدا ہوتا ہے

    چينی انجنیئروں کو اغوا کرنے والا ڈاکو لائق چانڈیو اس سے قبل ان سندھی قوم پرستوں اور جانو آرائيں سمیت ڈاکوؤں کیساتھ مل کر حیدرآباد سندھ میں تیس ستمبر انیس سو اٹھاسی کے قتل عام میں شامل رہا تھا جس میں تین سو افراد قتل کیے گئے تھے۔ اس کارروائی کا مقصد ملک میں اعلان شدہ وہ عام انتخابات ملتوی کروانے تھے جو ضیا الحق کی موت کے بعد ہونے تھے۔

    TO UNDERSTAND THIS WATCH THIS DAWN TV INVESTIGATIVE REPORT.

    DAWN NEWS CHANNEL Investigative Program ON MEHRANGATE SCANDAL, Late Mr Jatoi was one of the beneficiary [DAWN News TV Investigation Report with Masood Sharif – 6th January 2008 http://www.sharifpost.com/2008/01/06/dawn-news-tv

  6. Aamir Mughal Avatar

    Dear Awab Sahab,

    These comment are for those who have declared that I am a PPP supporter.

    SHAME ON PPP AND MQM: BOTH OF YOU! [Thuqq Athai – means La'anat Ho]

    Both PPP AND MQM have no shame because the day this NRO debate is started they have been screaming loudly and leveling allegation against each other of loot and plunder and killing on 12 May 2007 whereas MQM leader Altaf Hussain proposes Zardari as presidential candidate. Both have no worries and they are least bothered about the miseries of poor people , back breaking poverty, lawlessness, joblessness, unemployment, 45% living below poverty line and what not and now in 2009 they are back to the DIRTY, FILTHY AND TREACHEROUS POLITICS OF 90s. SHAME ON ALL OF YOU.

    پاکستان کے صوبہ سندھ کے صوبائی وزیر برائے داخلہ ڈاکٹر ذوالفقار مرزا نے کہا ہے کہ متحدہ قومی موومنٹ کے کارکنوں اور رہنماؤں پر دائر ساڑھے تین ہزار مقدمات فراڈ کے ذریعےختم کیے گئے ہیں اور چیف جسٹس افتخار محمد چودھری اس کا از خود نوٹس لیں۔

    ’متحدہ کے مقدمات فراڈ سے ختم کیے گئے‘

    ریاض سہیل

    بی بی سی اردو ڈاٹ کام، کراچ
    http://www.bbc.co.uk/urdu/pakistan/2009/11/091126

    Scrutiny of the nomination papers would be conducted on Thursday August 28 at the election commission secretariat by the returning officer Justice (eetd) Qazi Muhammad Farooq. Talking to the media outside the election commission office, MQM deputy convener Farooq Sattar said his party has supported PPP Co-chairman Asif Ali Zardari’s candidature for office of the president unconditionally.

    Farooq Sattar said the MQM has supported Zardari just for the cause of democracy and wanted same backing from its former government ally the PML-Q. “A decision on our participation in the ruling coalition is up to the discretion of the allies,” he added. The MQM leader said the political and economic stability should be major priority of all democratic forces as the country was passing through defining circumstances. “MQM chief Altaf Hussain has also appealed to our old ally Mian Nawaz Sharif to review his decision,” Farooq Sattar said. REFERENCE:
    http://elections.com.pk/newsdetails.php?id=657
    Nominations filed for president

    Wednesday, August 27, 2008 (14:26 PST)

    MQM to support Zardari for presidential slot: Altaf

    Monday, August 25, 2008 By By our correspondent

    Karachi

    http://thenews.jang.com.pk/print1.asp?id=131868

    The coordination committee of the Muttahida Qaumi Movement (MQM) Rabita Committee will support Pakistan People’s Party (PPP) Co-Chairman Asif Ali Zardari for the presidential slot, MQM Founder and Chief Altaf Hussain said Sunday. Addressing a general workers’ meeting at the office of the Khidmat-e-Khalq Foundation (KKF), Altaf asked workers whether they approved the decision of the Rabita Committee. The huge gathering endorsed the decision. He also appealed to the Haq Parast people of Punjab to support Zardari and urged Pakistan Muslim League – Nawaz (PML-N) President Nawaz Sharif to support Zardari for his presidential election and avoid confrontation.

    Hussain said that the Jamiat Ulema-e-Islam – Fazlur Rehman (JUI-F) and the Awami National Party (ANP) had also announced to support Zardari, who was at the moment the most suitable candidate as his wife had given her life for the restoration of democracy. Benazir Bhutto’s father and brother also sacrificed their lives for democracy, Hussain said. He asked Sharif to avoid any kind of crisis as the need of the hour at the moment was to remain united. Hussain said that after he had extended support to Zardari it was being given an ethnic colour and the PML-N had started opposing the idea.

    Referring to sectarian clashes in D.I. Khan and Parachinar, Hussain said that the MQM could play the role of mediator and bring closer various religious scholars for creating harmony among different sects. He paid tribute to the law-enforcement agencies who are trying to control the highly tense situation in D.I. Khan and Parachinar. He lauded the role of the Adviser to the Prime Minister for Interior Rehman Malik for arranging food and shelter for those people who had migrated. Hussain referred to his past speeches and said they were given a wrong impression and said the MQM was neither against the Pakhtoons nor the ANP. The MQM is against Talibanisation, Hussain said. He stressed that the party would never allow Talibanisation in Sindh, including Karachi as Sindh was the land of Sufis and citizens of this province were peace-loving. He said the people of Karachi were against extremism and any kind of terrorism. He asked the Pakhtoons and the ANP to not get provoked as the MQM was not against them.He also appealed to the well-to-do people to donate generously zakat, fitra and other donations in Ramazan to Khidmat-e-Khalq Foundation (KKF) as this organisation was helping the needy. Hussain’s address from London was simultaneously telecast in 19 cities of Pakistan. A KKF board of trustees was also formed and Dr Farooq Sattar was named its Secretary

    General.

  7. Mohammad Syed Avatar
    Mohammad Syed

    I am amazaed with the negativity of these thoguhts about MQM and its leader Mr. Altaf Hussain. First about NRO, At the time when this was just cooking everybody and all media was suppporting this initiative and was praising Gen. Musharraf for this piece of Act. In such a short notice there was no other way beside this ACT to let these Criminals come back to Pakistan and to let them take part in proposed elections. In a sense Musharraf provided an even grounds to the peoples of Pakistan to vote for any one they like to and un-fortunately vast majority elected some Criminals on behalf of their Party affiliations which in turn brought some (present) ministers and advisors who are accused criminals.

    Everyone in this forum wrongfully decided that the biggest beneficiary of NRO is MQM whereas not even a single example of any other party or individual is given specialy from Punjab. Please have a look into the cases against MQM leaders and just with a little details you will realize that all those cases were based on political victimization. Just go through the list once again and if you have some courage then ask the same questions to the accused peoples who belong to your own party. Instead of calling others with names please think about the master minds who put together all the cases against MQM leadership and the conspiracy behind it. Have you been to Karachi, Hyderabad and some other cities of Sindh in the past 5 years? If not then please either go and see the differance by yourself or just follow the news on net and see the differance MQM elected peoples have made through their hard work in those areas.

    Still none of the leading political party has demanded the resignation of Mr. Zardari not because they love him but I believe they are still trying to save the Democracy and dont want to give chance for any Military rule.

    We have served enough under Military dictators and none of us want to do that again. I want to let all the accusers to go to respective courts and face their cases in courts specially leadership of MQM who denied to get a benefit from NRO at the time it was introduced and Govt came up with Review Boards suggestion on its own. It was never an idea or proposal of MQM. MQM always faced its cases in courts and get their decisions from there and not from any other kind of amenesties like NRO.

  8. Adnan Bloch Avatar
    Adnan Bloch

    Yar ab purani batain chor do. Jab MQM ne atne ache kam Karachi or hyderabad me krwaiy hain to phir bhi naqdin ki

    awaz in k khilaf kiyon uthti hai.me to kehta hon hum sub log

    PPPP or Nawaz ko vote de de kar tang a gaye hain ab humain

    MQM ko vote dena chaiyan ta pure Pakistan me utni hi Progress ho saka jitine karachi or hyderabad me hui or mustafa kamal ko World 1st Myer ka award diya gaya.

    Thanks to All

  9. dr jawwad khan Avatar
    dr jawwad khan

    LOLzzz for Adnan Baloch!

    i think he must be praised for his naive "cleverness".

    some time he becomes panjabi, some times sindhi and some time pathan and posts the comment in the favor of MQM,constantly since few months.

    which organization have supporters like him?

  10. D2 Avatar
    D2

    Does anyone know what happened to the criminal cases that these 'not so innocent' tried to sweep away via NRO?

    Read this:
    http://www.dawn.com/wps/wcm/connect/dawn-content-

  11. Nasir Jamal Avatar

    Was it not the MQM that did not support PPP on NRO? If MQM had to take benefit from NRO it would have easily done so. You are blaming the party for the something which it did not do.

    That there were cases against MQM workers does not imply that they are criminals. There were cases against Zulfiqar Ali Bhutto, Nawaz Sharif, Benazir Bhutto, Shahbaz Sharif and many more.

    You should appreciate MQM for not supporting PPP. Remember NRO was not brought for MQM. International powers brokered a deal with Pervez Musharraf for brining BB to power in the country.

    Remember it is the PPP that is crying hoarse over NRO and not MQM.