4 February 2001
See Sunday Times report: http://www.sunday-times.co.uk/news/pages/sti/2001/02/04/stifgnasi02002.html
Source: http://www.sunday-times.co.uk/news/pages/sti/2001/02/04/intelligence.pdf (1.6MB)
[4 pages. Misspellings in original.]
TOP SECRET
No. ARV/2001/01
Dated 29-1-2001
The President,
Islamic Republic of Pakistan,
ISLAMABAD
THROUGH PROPER CHANNEL
SUBJECT: SHEER ABUSE OF POWER/ABUSE OF JUDICIARY.
Respected Sir,
I would like to bring it to your kind notice that I am an officer of Intelligence Bureau cadre and have been raised to the rank of Deputy Director out of my sheer hard work. I have always worked honestly, professionally and with full devotions. All my seniors will endorse the high level of my efficiency, professionalism and integrity. I have always pointed out any wrong doings irrespective of any pressure of my seniors. I have no political affiliations, whatsoever.
I, being a conscientious officer, would like to state that an extra-ordinary situation has compelled me to address you directly as I feel that this very sensitive and important matter, which may have very deep impact on the future and present functioning of the judiciary and politics of Pakistan, needs to be dealt at your level. I am constrained to inform you that during my long service career in a very sensitive organisation I have never come across of any such occasion where I was a witness to sheer abuse of state institutions including judiciary of Pakistan by any Chief Executive of the country for the mere satisfaction of his/her personal ego and vendetta. In the instant case, some important dignitaries of the past and the present are involved who have not only violated the Constitution of Pakistan but also crossed other human and legal limits. They have also violated the provisions of their oath, which they took while taking-over their high offices. They have committed such a crime, which no nation on the earth would ever tolerate.
The highly undesirable incident, which I am going to narrate below, in fact, relates to the trial of the Opposition Leader and former Prime Minister of Pakistan Ms. Benazir Bhutto and her spouse conducted by the Accountability Court headed by Mr. Justice Malik Abdul Qayyum of the Lahore High Court. The events which have really shook my conscious and will also shake you and the whole nation are being summarised below.
With the start of the trial of Ms. Benazir Bhutto and her spouse in SGS Reference in the Accountability Court headed by Mr. Justice Malik Abdul Qayyum, the then Government ordered the Intelligence Sub-Bureau, Lahore for the monitoring of all the office, home and mobile telephones of Mr. Justice Malik Abdul Qayyum in order to keep him under constant observation. Accordingly, I, being the head of the section responsible for the observation/bugging of the telephones, started tapping the telephones of Mr. Justice Malik Abdul Qayyum.First of all Mr. Khalid Anwar called Mr. Justice Malik Qayyum and told that "Somebody is unhappy over the delay of hearing of this case. He has complained about the case to Saif that nothing has been done so far and why has it not been concluded." He informed the judge that "the gentleman [Mian Nawas Sharif] was very unhappy" and asked the judge that "Now I am thinking if you could reach the final result within the outside limit of two weeks" and "So get it done on Monday". In response, Mr. Justice Malik Qayyum informed the Minister that "It is being done on Monday. After this we have to give them some time for defence evidence and then the matter will be closed."
During his first conversation with Mr. Justice Malik Qayyum, Mr. Saif-ur-Rehman directed him that "Kindly don't do one thing. Please don't give any further date." to which the judge promised that "Now we are not going to give dates. We are going to finish it by the Grace of God. You don't worry.". In a conversation with his wife, Mr. Justice Malik Qayyum told her that "They have said, remove him" and on a further explanation by her wife, the judge stated that Nawaz Sharif has ordered for his removal because "They [Mian Nawaz Sharif] say that he has changed his loyalty." When on his advice the wife of Mr. Justice Malik Qayyum informed Malik Pervez (brother of Justice Malik Qayyum) of this development, he remarked that "But this is Blackmailing" and while agreeing with him, the wife of Mr. Justice Malik Qayyum concluded that "Yes you are right; this is the limit that justice should not be done and only what they want should be done".
In a subsequent conversation with Malik Pervez, Mr. Justice Malik Qayyum informed him that "Regarding the matter of judgement which you know, your friend the biggest boss (Nawaz Sharif) is specially sending two men, one Mehdi and other Pappu (Saif)" to the Chief Justice to ensure "that it should be done with in two days".
In a separate conversation with Mr. Saif-ur-Rehman asked Mr. Justice Malik Qayyum "... we need a place when our man can sit. Kindly permit our man to sit in the room next to your room" to which the judge told him that he "would tell Khawar Sahib". Mr. Saif-ur-Rehman then told the judge that "Then I am going to depute the man Feroz shah who will contact Khawar". When the Judge discuss this development/requirement with the Chief Justice, the Chief Justice remarked that "If we avoid it, it is better for us otherwise the noose will be around our neck if this thing is exposed". Mr. Justice Malik Qayyum in reply told him that "Khawar says that we can place the machine in the Registrar's room" like "when you did it, it was also like this".
Mr. Saif-ur-Rehman, in a separate conversation conveyed the directions of the Prime Minister to Mr. Justice Malik Qayyum and told him that "He [Mian Nawaz Sharif] has asked me to tell you for Monday" and asked him "Whatever you told me before, do exactly like that". Mr. Justice replied that "I am trying my best. You don't worry. You know how sincerely we are trying".
Besides external/political pressure, Mr. Justice Rashid Aziz, the then chief Justice of Lahore High Court was also used to pressurize Mr. Justice Malik Qayyum. In a telephonic conversation, Mr. Justice Rashid Aziz informed Mr. Justice Malik Qayyum that "Yesterday when I went there, Mr. Yasir Arafat had come. He was busy with him in a meeting. He [Mian Nawaz Sharif] said just wait for ten minutes, twenty minutes, and half an hour. We will talk after lunch" and told Mr. Justice Malik Qayyum that "He [Nawaz Sharif] is a bastard". When Mr. Justice Malik Qayyum enquired about the conversation, Mr. Justice Rashid Aziz told him that "he [Nawaz Sharif] says it has to be tomorrow" and enquired from Mr. Justice Malik Qayyum "Is everything ready?". When Mr. Justice Malik Qayyum asked the Chief Justice that "You should have told him that it would finish only after they finish (defence evidence)" the Chief Justice told him that "He was saying that just do it".
When Mr. Justice Malik Qayyum could not announce the judgement on the pre-determined day Mr. Saif-ur-Rehman called him and asked that "You were supposed to do it today". Mr. Justice Malik Qayyum replied to him that "For your sake I had to beg her lawyer. I told him that I have to go abroad, I am not feeling well but I have to finish it first". When Mr. Saif-ur-Rehman expressed displeasure over delay Mr. Justice Malik Qayyum asked him to "handle him [Mian Nawaz Sharif] and stated that "By the grace of God, this will be done and then both of us will go to him [Mian Nawaz Sharif] and seek forgiveness". Mr. Saif-ur-Rehman asked the same judge to "Give me 100% confirmation that it will be done tomorrow". In the same conversation Mr. Justice Malik Qayyum asked him about the punishment required to be awarded to which Mr. Saif-ur-Rehman told him that "whatever you have been told by him [Mian Nawaz Sharif]" i.e. "Not less than 7 years". Mr. Justice Malik Qayyum suggested to him that the maximum punishment is not appropriate as "Seven is the maximum punishment and no body awards maximum" and requested Mr. Saif to ask him [Mian Nawaz Sharif] to which he promised to le him (Mr. Justice Malik Qayyum) know. In the same conversation Mr. Justice Malik Qayyum informed Mr. Saif that "I have already done about the fine and confiscation of the properties" and "their disqualification also". Mr. Saif-ur-Rehman informed him that "Now more important is the state of madness in which he [Mian Nawaz Sharif] is" to which Justice Malik Qayyum requested him to "Beg forgiveness on my behalf". Mr. Justice Malik Qayyum assured him that "Under all circumstances it will be done tomorrow. We are going to announce the judgement".
In a separate conversation, Mr. Rashid Aziz described the madness of the Prime Minister to Mr. Justice Malik Qayyum and told him that "You can't understand. Do you know what he [Mian Nawaz Sharif] is going to say? He is going to issue warrants for both of us. He has specially called me and told to advice you that what are you doing?" In reply Mr. Justice Malik Qayyum informed the Chief Justice that "90% I will try my best to finish it tomorrow". Mr. Justice Malik Qayyum went on assuring the Chief Justice in the words "OK. Tomorrow I will, even if have to push it". The Chief Justice told the judge that he has told him [Nawaz Sharif] that"It is already written and lying with us. He can sign it for you on it and you can keep it with you".
In another conversation with Mr. Justice Malik Qayyum, Mr. Saif-ur-Rehman told the judge that he had asked him [Mian Nawaz Sharif] about the punishment to which he had directed to tell you that "Give them full dose". Mr. Saif-ur-Rehman also informed the judge that "When I inquired about five or seven, he said I should ask you whey you would not like to give them full dose". Explaining the strategy for the next day (the day of the announcement of the judgement) Mr. Justice Malik Qayyum informed Mr. Saif that "Whole day will be given. After eleven (11:00 AM) we would tell him to finish. After the interval at 11:00 AM, even if they disagree, we will not care" and "We will tell them, say whatever they want to say in their defence. It (order) is already prepared in written". The judge went on explaining and stated that "So after half an hour, we will come back and announce it". Mr. Saif-ur-Rehman then suggested to him that "Give the brief tomorrow but try to cover the maximum the brief the judgement".
When the trial of Ms. Benazir Bhutto was over, Mr. Shahbaz Sharif, the then Chief Minister of Punjab rang up the judge and told that "I made a request to you" to which the judge replied that "Sir, I did finish that". Mr. Shahbaz Sharif then informed him that "thank you very much. The matter regarding Ch. Sarwar [MNA], my elder brother has asked me to tell you that Sarwar should be favoured [in his disqualification case]" to which Mr. Justice Malik Qayyum promised that "It's done, as desired by Mian sahib. As per his desire the matter is finished".
During this process of close day to day observation of his phones, I was astonished to note that the judge was being dictated to obtain a judgement of their choice against Ms. Benazir Bhutto and Mr. Asif Ali Zardari by the then Federal Law Minister Mr. Khalid Anwar, Chairman Accountability Bureau, Mr. Saif-ur-Rehman and the then Chief Justice of Lahore High Court, Mr. Justice Rashid Aziz, under the orders of from then Prime Minister of Pakistan Mian Muhammad Nawaz Sharif, to hastily conclude the trial, announce conviction of Ms. Benazir Bhutto and her spouse with maximum punishment or seven years and forfeiture of her entire property. The Honourable Judge was pressurized to the extent that once he was called by the then Chief Justice of Lahore High Court at his residence to convey that Mr. Nawaz Sharif has asked to remove him (Mr. Justice. Malik Abdul Qayyum) as he (Mian Nawaz Sharif) has become doubtful of his loyalties. The Honourable Judge ultimately succumbed to the pressure and announced pre-written judgement against Ms. Benazir Bhutto and her husband by violating all norms of Justice, provisions of the Constitution of Pakistan and fair-play.
The whole conversation of these important Cabinet Ministers and the judges was part of the official record of the Intelligence Sub-Bureau, Lahore. I am also enclosing my affidavit along with 60-minutes recorded tape and its transcription with the view to assist your kind honour to proceed against two sitting judges, one of the Supreme Court of Pakistan and the other of Lahore High Court, respectively, former Prime Minister of Pakistan Mian Muhammad Nawaz Sharif, Chairman Accountability Bureau Mr. Saif-ur-Rehman and the then Federal Law Minister Mr. Khalid Anwar.
I would also like to state that I have taken on against the most powerful group of politicians, two corrupt and immoral judges and hence I apprehend that I along with my family members are going to be harassed and victimized besides a serious danger to my life too. I also fear that the authorities in the Intelligence Bureau may try to terminate my services on false grounds but fact remains that I am just doing my duty by exposing to you bad elements in our judiciary. I, therefore, appeal to your honour to provide me protection and security against all such dangers. The aforementioned corrupt characters have not only brought bad name to the judiciary itself but also the image of our great nation. I would also like to make it clear that I have no motives whatsoever but I just want you to know as to what kind of havoc is being played by such people who had made mockery of justice without fear of the Almighty Allah.
In the light of the above facts, I would request: to your honour to kindly take necessary and appropriate action into the matter.
In the end I would once again like to reiterate the fact that I have no motives whatsoever in exposing these bad elements as I, being a civil servant, was duty bound to bring the wrong-doings of such like undesirable characters to the notice of such authorities which I am confident would take necessary action. I would also request you to kindly keep this summary confidential till you have taken a final action against them.
Thanking you In anticipation and I am confident that your kind honour, being the custodian of the Constitution of Pakistan and a former judge of the apex court of the country, would definitely proceed in the matter in accordance with the law.
Yours obediently,
[Signature]
(A. RAHIM)
Deputy Director/IB
Encl:
1. Copy of the transcript.
2. 65 Minutes recorded tape.
3. Affidavit.
cc:
1. Gen. Pervez Musharraf, The Chief Executive of Pakistan, Islamabad.
2. Honourable Chief Justice of Pakistan, Islamabad.
3. Maj. Gen. Rafi-ullah Khan Niiazi, Director General, Intelligence Bureau, Govt. of Pakistan, Islamabad.
4. Mr. Jehangir Mirza, Joint Director General, PPHQ-IB Lahore.
Sd/-
(A. RAHIM)
Deputy Director/IB
Source: http://www.sunday-times.co.uk/news/pages/sti/2001/02/04/Affaiavit.pdf (1.0MB)
[1 page. Misspellings in original.]
[100 Rupee Certificate]
AFFIDAVIT
[Stamped by Advocate Notary Public.]
I, A. RAHIM S/o Mr. NAZIR AHMED, do hereby solemnly declare and affirm as
under.
1. That I was working in the Intelligence Bureau directorate, Lahore since 1997. Further, I worked in other positions in I.B.
2. That according to the instructions of the Government, the residentiel, office and mobile numbers of Justice Malik Adbul Qayyum were placed under observation during the trial of former Prime Minister and Opposition Leader Ms. Benazir Bhutto.
3. The Mr. Nawaz Sharif and his associate wanted to know Justice Malik Qayyum's day to day engagements, and contacts. In fact, they wanted to ensure that Justice Malik Qayyum was following the advice of Accountability Bureau and teh Federal Law Minister to impliment the pre-determined conviction of Ms. Benazir Bhutto.
4. that the Prime Minister wanted the proof that instructions given by him to Justice Malik Qayyum through Chief Justice Rashid Aziz of Lahore High Court, Mr. Saif-ur-Rehman, Chairman Accountability Bureau and the Federal Law Minister Khalid Anwar were being followed.
5. That accordingly all incoming and outgoing calls in his office, home and mobile were monitored and regular record of day to day conversation started building. I was shocked to find that the concerned judge is being ordered to convict Mr. Benazir Bhutto and Asif Ali Zardari by Saif-ur-Rehman, Chief Justice and Law Minister by hastily concluding the trial at the earliest and announcing the conviction of Ms. Benazir Bhutto with "full dose" at every cost. I found the Judge to be working as junior to the Accountability Bureau and the Federal Law Minister.
6. My conscience felt bad learning about the gross injustice being done to the defendants through the judge trampling the provisions of the constitution of Pakistan. I, being a civil servant felt duty bound to protect the Constitution and not become party to any such violations. I, therefore, decided to make a duplicate copy of the conversation and a 65-minutes long audio recorded conversation to this effect is enclosed with this affidavit. The entire record of conversation between Premier Sharif's cabinet Ministers, namely Saif-ur-Rehman (who had also investigated the case against Ms. Benazir Bhutto), personal friend of Nawaz Sharif, the then Federal Law Minister Khalid Anwar, and Justice Rashid Aziz, the then Chief Justice of Lahore High Court confirms that a conspiracy was hatched against Ms. Benazir Bhutto for getting her convicted through Justice Malik Qayyum.
7. That the above facts are correct and true to the best of my knowledge
and nothing has been concealed or withheld.
DECLARANT
[Signature]
A. RAHIM
6-12-2000
ATTESTED
[Signature]
Name obscured
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