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AHRC appeal: DG ISI Gen Shuja Pasha must be prosecuted for hatching conspiracy against democracy


ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Related post: Jang Group must refrain from harassing Ali Dayan Hasan of Human Rights Watch

Urgent Appeal Case: AHRC-UAC-248-2011

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PAKISTAN: The head of the ISI must be prosecuted for hatching conspiracy against democracy

ISSUES: Democracy, conspiracy

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Director General of the Inter Services Intelligence Agency, the country’s foremost intelligence agency, has hatched a conspiracy to overthrow the democratically elected government and parliament by taking help from some Arab monarchies who have strong influence in the affairs of the country. The Pakistan Army has been trying for two years to overthrow the civilian government and it is alleged that in the month of May 2011, Lieutenant General Shuja Pasha, the chief of the ISI, visited several Arab monarchies in a personal capacity and sought clearance for the army to take over the country. It is also alleged that he was given the ‘OK’ by these monarchies. He also visited China, without taking permission from the prime minister, but apparently did not get any formal assistance.

General Pasha also submitted an affidavit in the Supreme Court accusing the civilian government’s former ambassador of writing a memo to the USA government in which he made charges against the armed forces and the ISI.

CASE NARRATIVE:

After the attack on Osama Bin Laden’s hideout on May 2 by US armed forces in which he was killed a US businessman of Pakistan origin, Mr. Mansoor Ijaz, wrote a memo to Admiral Mike Mullen, the then Chairman of the US Joint Chiefs of Staff, requesting for US backing for a proposal to install a new, Washington-friendly civilian security team to assert tighter control over Pakistan’s military, which has ruled the country for more than half of its history. The memo also offered to disband “S-Wing”, (the ISI’s political wing) which used to maintain relations with the Taliban movement fighting Nato troops in Afghanistan. Mr Ijaz says that Mr Haqqani, the then Ambassador, had asked him to send the memo to Admiral Mullen on the assurance that it had the approval of Mr Zardari, and has offered newspapers email and phone records to support his claims. His memo was not given any weight in the US or in Pakistan. He accused president Asif Zardari of colluding with the Ambassador in sending the memo through him.

After five months following the attack on Bin Laden’s Abbottabad hideout, on October 10 he sent an op-ed in the Financial Times and disclosed that he has already sent such memo to Mike Mullen. It was very surprising that after five months of the written memo being sent to Mullen why it was suddenly reproduced in the Financial Times, to which the chief of the ISI, General Shuja Pasha, jumped quickly and went on his own, without taking permission from his boss, the prime minister of Pakistan, and conducted enquiries in London. He interviewed Mansoor Ijaz and it is also alleged that following intimidation and coercion Pasha took Ijaz’ statement that President Zardari is also involved to whom he referred as the ”boss” of the Ambassador. According to the affidavit submitted in the Supreme Court, General Pasha went to London to take statement with the permission of Chief of Army Staff and on his return reported to the same Chief.

In the whole practice of going to London, taking the statement of Mansoor Ijaz and submitting his report to the army chief he ignored the prime minister and his office, behaving very much himself as if he was superior to the civilian setup.

After returning from London General Pasha and General Kiyani, the Chief of the Army Staff, forced the civilian leadership to recall Ambassador Haqqani, and ask him to resign until the inquiry against him is completed. A meeting between the prime minister, Chief of the Army Staff and the ISI chief was held, in which ambassador Haqqani was questioned and the army top brass demanded his resignation which was tendered in the meeting. It was also decided that a parliamentary committee on national security would inquire into all the matters and suggest the prosecution of the responsible person.

But after the meeting Mr. Nawaz Sharif, the leader of the opposition party, PML-N, went to Supreme Court, bypassing the parliament’s committee. Mr. Sharif is seen in the country as the man of the military in the politics. He was groomed as a politician during the period of the military dictator, General Zia Ulhaq, who ruled the country for eleven years. Sharif’s petitions gave very helpful support to the military establishment to bypass the parliament. The Supreme Court also took immediate action on the petition and before the admissibility of the petition was to be decided upon the court issued the notices to the government and the accused person Haqqani.

The chief of ISI has also told the Supreme Court that what the US businessman reported was believable and the court can conduct an inquiry in the presence of Mansoor Ijaz’s statements. But suddenly Ijaz issued a statement referring to a US intelligence source and accused the ISI chief General Pasha, that on May 7 just after the five days of the incident of killing of Bin Laden, he secretly visited Arab countries and asked the permission to overthrow the civilian government and such permission was given. But later on he denied that he knew about the matter. However, he has not denied the visit of General Shuja to Arab countries and the request for toppling the government. Still the US intelligence office has not denied that Shuja that he visited the Arab monarchy and requested assistance in toppling the civilian government nor has the general head quarters of the Army denied such.

General Pasha’s actions are tantamount to High Treason under Article 6 of the Constitution which reads:

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other constitutional means shall be guilty of High Treason.

The prime minister also said that some elements were involved in conspiracies against his democratic government in order to prevent the holding of polls to the upper house of parliament next year.

Many ministers and leaders of the ruling party are also pointing out the conspiracy against civilian rule. The civil society and human rights activists are also demanding the resignation of and an inquiry against the ISI chief for hatching the conspiracy against the democracy. It is also demanded by the civil society and media that if Ambassador Haqqani was asked to resign on the statement of an American citizen then General Shuja should also be asked to resign and he should be tried by a parliamentary commission.

The representatives of the Civil Society including non-governmental organisations, labour organisations, academia, women’s rights bodies, and media persons express deep concern over the current political situation in the country where a crisis is being manufactured on frivolous grounds, and is being referred as the so-called Memogate. This has the potential of subverting the democratically elected Parliament and the Constitution.

The representatives of the civil society say that it is time all conspirators against democracy and the sovereignty of the people be called to account. Sovereignty belongs to the people who have agreed to exercise it through their representatives in a federal, parliamentary, and a democratic system. Any attempt at arbitrarily altering this arrangement is tantamount to an attack on the sovereignty of the people. Various institutions of the state are supposed to function within their defined constitutional parameters and complement each other but they seem to be working at cross-purposes, to the determent of public interest.

ADDITIONAL INFORMATION

Pakistan has been in existence for 64 years 32 of which have been spent under military dictatorships. The first ten years were spent under civil bureaucracy. Elected governments have been in power for 22 years but not one of them has been allowed to complete five years according to the Constitution. The military rulers have changed Pakistan into a state where the armed forces are not held accountable before any judicial institution. Whenever the military took over power no one has ever been held to account on charges of High Treason.

In the last ten years the military and the prime intelligence agency, the ISI has been involved in forced disappearances, kill and dump murders of thousands of people but the courts have never shown their courage to call the military before the law.

It is also alleged that the ISI is involved in bomb blasts and assassinations in neighbouring countries and providing training to the Mujahideen.

SUGGESTED ACTION:

Please write the letters to authorities calling them to prosecute the chief of ISI, General Shuja Pasha for hatching the conspiracy against the parliament and civilian government and should be asked to resign from his post and prosecuted for High Treason under article 6 of the Constitution. There should be an impartial enquiry in the allegations of the USA intelligence agency and Mansoor Ijaz. General Pasha and General Kiyani should be prosecuted for bypassing the prime minister, who is constitutionally in charge of the armed forces and who are running their own parallel governments.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PAKISTAN: The head of the ISI must be prosecuted for hatching conspiracy against democracy

Names of alleged perpetrators:
Lieutenant General Shuja Pasha, director general of ISI, the state intelligence agency, general head quarters, Rawalpindi, Punjab province
General Kiyani, Chief of Army Staff, General Head Quarter, Rawalpindi, Punjab province
Date of incident: May 7, 2011
Place of incident: Arab Countries.

I am writing to voice my deep concern regarding an attempt by Lieutenant General Shuja Pasha, director general of ISI, to overthrow the legitimate democratically elected parliament and government.

I have learned that after the attack on Osama Bin Laden’s hideout on May 2 by US armed forces in which he was killed a US businessman of Pakistan origin, Mr. Mansoor Ijaz, wrote a memo to Admiral Mike Mullen, the then Chairman of the US Joint Chiefs of Staff, requesting for US backing for a proposal to install a new, Washington-friendly civilian security team to assert tighter control over Pakistan’s military, which has ruled the country for more than half of its history. The memo also offered to disband “S-Wing”, (the ISI’s political wing) which used to maintain relations with the Taliban movement fighting Nato troops in Afghanistan. Mr Ijaz says that Mr Haqqani, the then Ambassador, had asked him to send the memo to Admiral Mullen on the assurance that it had the approval of Mr Zardari, and has offered newspapers email and phone records to support his claims. His memo was not given any weight in the US or in Pakistan. He accused President Asif Zardari of colluding with the Ambassador in sending the memo through him.

According to the information I have received five months following the attack on Bin Laden’s Abbottabad hideout, on October 10 he sent an op-ed in the Financial Times and disclosed that he has already sent such memo to Mike Mullen. It was very surprising that after five months of the written memo being sent to Mullen why it was suddenly reproduced in the Financial Times, to which the chief of the ISI, General Shuja Pasha, jumped quickly and went on his own, without taking permission from his boss, the prime minister of Pakistan, and conducted enquiries in London. He interviewed Mansoor Ijaz and it is also alleged that following intimidation and coercion Pasha took Ijaz’ statement that President Zardari is also involved to whom he referred as the ”boss” of the Ambassador. According to the affidavit submitted in the Supreme Court, General Pasha went to London to take statement with the permission of Chief of Army Staff and on his return reported to the same Chief.
In the whole practice of going to London, taking the statement of Mansoor Ijaz and submitting his report to the army chief he ignored the prime minister and his office, behaving very much himself as if he was superior to the civilian setup.

After returning from London General Pasha and General Kiyani, the Chief of the Army Staff, forced the civilian leadership to recall Ambassador Haqqani, and ask him to resign until the inquiry against him is completed. A meeting between the prime minister, Chief of the Army Staff and the ISI chief was held, in which ambassador Haqqani was questioned and the army top brass demanded his resignation which was tendered in the meeting. It was also decided that a parliamentary committee on national security would inquire into all the matters and suggest the prosecution of the responsible person.

The chief of ISI has also told the Supreme Court that what the US businessman reported was believable and the court can conduct an inquiry in the presence of Mansoor Ijaz’s statements. But suddenly Ijaz issued a statement referring to a US intelligence source and accused the ISI chief General Pasha, that on May 7 just after the five days of the incident of killing of Bin Laden, he secretly visited Arab countries and asked the permission to overthrow the civilian government and such permission was given. But later on he denied that he knew about the matter. However, he has not denied the visit of General Shuja to Arab countries and the request for toppling the government. Still the US intelligence office has not denied that Shuja that he visited the Arab monarchy and requested assistance in toppling the civilian government nor has the general head quarters of the Army denied such.

I am shocked to realise that no action has been taken any action on this conspiracy which, if it had not come to light could have overthrown the government. General Pasha’s actions are tantamount to High Treason under Article 6 of the Constitution which reads:

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other constitutional means shall be guilty of High Treason.

The prime minister also said that some elements were involved in conspiracies against his democratic government in order to prevent the holding of polls to the upper house of parliament next year.

Many ministers and leaders of the ruling party are also pointing out the conspiracy against civilian rule. The civil society and human rights activists are also demanding the resignation of and an inquiry against the ISI chief for hatching the conspiracy against the democracy. It is also demanded by the civil society and media that if Ambassador Haqqani was asked to resign on the statement of an American citizen then General Shuja should also be asked to resign and he should be tried by a parliamentary commission.

The representatives of the civil society including non-governmental organisations, labour organisations, academia, women’s rights bodies, and media persons express deep concern over the current political situation in the country where a crisis is being manufactured on frivolous grounds, and is being referred as the so-called Memogate. This has the potential of subverting the democratically elected Parliament and the Constitution.

These same representatives say that it is time all conspirators against democracy and the sovereignty of the people be called to account. Sovereignty belongs to the people who have agreed to exercise it through their representatives in a federal, parliamentary, and a democratic system. Any attempt at arbitrarily altering this arrangement is tantamount to an attack on the sovereignty of the people. Various institutions of the state are supposed to function within their defined constitutional parameters and complement each other but they seem to be working at cross-purposes, to the determent of public interest.

I therefore urge you to prosecute the chief of the ISI, General Shuja Pasha for hatching the conspiracy against the parliament and civilian government. He should be asked to resign from his post and prosecuted for High Treason under article 6 of the Constitution. There should be an impartial enquiry in the allegations of the USA intelligence agency and Mansoor Ijaz. General Pasha and General Kiyani should be prosecuted for bypassing the prime minister, who is constitutionally in charge of the armed forces and who are running their own parallel governments.

Pakistan has a long history of military rule and the current parliament is the first democratically elected forum for assisting the government and all other institutions towards a society based on the rule of law. In order to secure a democratic system the military must be brought to heel. The entire purpose of their existence is to ensure the security of the people, not the other way around.

I also urge you to ensure that the people of Pakistan are ensured fundamental rights which are being denied by the deep state of lethargy that affects much of the civilian system.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1.Mr. Asif Ali Zardari
President
President’s Secretariat
Islamabad
PAKISTAN
Tel:+ 92-51-9204801-9214171
Fax: + 92-51-9207458
Email: publicmail@president.gov.pk

2. Mr. Yousuf Raza Gillani
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk

3. Mr. Moula Bakhsh Chandio
Minister for Law, Justice
and Parliamentary Affairs
Ministry of Law, Justice
and Parliamentary Affairs
Islamabad, Pakistan
E-Mail: minister@molaw.gov.pk

4. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfaraz_yousuf@yahoo.com

5. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

6. Mr. Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026 +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Source: Asian Human Rights Commission

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About the author

Dr Uzma Ali

10 Comments

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  • Both Pasha and his master Kayani must be fired. UN Security Council must investigate their role in war crimes against NATO employees, Afghanistan, India and Pakistan citizens etc.

  • Pressure on Pasha
    ISLAMABAD:

    The rhetoric against country’s top spymaster has increased in recent days – that too from a number of quarters.

    Asma Jahangir, the counsel for former ambassador to the US Husain Haqqani, said on Monday that the Inter-Services Intelligence (ISI) Director General Shuja Ahmed Pasha “should have resigned immediately” after the May 2 raid in Abbottabad that killed Osama bin Laden.

    Speaking to the media after the Memogate case hearing, Jahangir said she did not understand why the DG ISI felt the need to travel abroad in order to investigate the matter. Jehangir also questioned Pasha’s meeting with Mansoor Ijaz.

    Asma said she was baffled by Pasha’s meeting with Ijaz. “I don’t understand his interest in the Memogate affair,” she added.

    “Under whose authority did he go abroad?” she said, referring to the permission Pasha had required from the prime minister. Ijaz, in his reply, had stated that Pasha told him that he was meeting him with the knowledge of the Chief of Army Staff General Ashfaq Parvez Kayani.

    Petition against Pasha

    Communist Party Chairman Engineer Jamil Ahmed Malik has also applied pressure on General Pasha. On Monday he pleaded with the Supreme Court to take action against the ISI chief for allegedly meeting Arab rulers.

    Filing a petition in the SC on Monday, Jameel asked the court to remove Pasha, claiming he has lost the right to remain in service after his involvement in the Memogate affair.

    Jamil said that, although reports regarding Pasha’s meeting with senior Arab leaders were carried in the press, neither ISPR (Inter Services Public Relations) nor Pasha had contradicted them. In the ‘Mohtarma Benazir Bhutto versus President of Pakistan’ case, the SC had decided that “facts given in newspapers, having not been denied, would be considered as undisputed fact”, Jamil said.

    Jamil’s argument, therefore, is that news on the meeting indicated that Pasha and the army were involved in politics, which was contrary to their oath under Article 244 of the Constitution. He added that the SC in a 2004 case had barred all government employees from taking part in politics during service. “…the ISI chief has hatched a conspiracy against an elected government and the president and he deserves a court martial under the Pakistan Army Act, 152,” Jamil said.

    Last week, a parliamentarian from the ANP, Bushra Gohar made a similar demand on the floor of the house – demanding that Pasha either resign or be sacked and face an inquiry on the coup plotting charges.

    Abbottabad commission abuzz

    Most of the political leaders interviewed by the panel have suggested that it should recommend removal of top individuals from the country’s security establishment if it is proved that slain al Qaeda chief Osama bin Laden conveniently lived in Pakistan for years.

    The most obvious of these ‘top individuals’ would be spy chief Lt Gen Pasha – given that the incident points in the direction of either an intelligence failure or collaboration.

    Last week, top leaders from Awami National Party (ANP), Imran Khan’s Pakistan Tehreek-i-Insaf (PTI) and Jamaat-e-Islami (JI) appeared before the body with recommendations by their respective political parties.

    Headed by former Supreme Court judge Javed Iqbal, the commission is tasked to probe the exact circumstances surrounding the terror network leader’s killing in a night raid by American commandoes in the garrison city of Abbottabad in May this year.

    The commission is currently seeking recommendations from the top leaders of political parties.

    “The one question they (body’s members) asked everyone is what should be recommended if bin Laden living in the Abbottabad compound for years is proven,” said one of the political leaders who appeared before the commission last week.

    “And we have told them some heads must roll…perhaps at the top. Why not?” said the political leader, who did not want to be named.

    Another ‘hot’ issue under discussion revolves around what should be proposed if it was proved that Pakistan’s political leadership had prior knowledge of the raid by the US navy SEALs.

    “They asked this but most of the politicians posit that apart from intelligence authorities, no one might have prior knowledge of the raid,” said the leader.

    Published in The Express Tribune, December 20th, 2011.

  • December 20, 2011

    Share this story!
    Pasha should have resigned on Osama affair: Asma

    Staff Report

    ISLAMABAD: Asma Jahangir, counsel for Husain Haqqani, the Pakistan’s former ambassador to the United States, has said that the Inter-Services Intelligence (ISI) Director General Ahmed Shuja Pasha should have resigned when al Qaeda leader Osama bin Laden was found and killed in Abbottabad on May 2.

    “With whom approval the chief of ISI went to London for meeting with the memo scandal writer,” she questioned. Talking to the media at the Supreme Court building, Asma said that appropriate methods should be adopted to criticise the court’s decisions and a lawyer should especially be very careful in this regard. She said that she had also criticised the memo scandal and also commented over the issue but under certain limits. Asma said that if anyone had committed the contempt of court then he should be punished. She also suggested the court to adopt the policy of judicial restraint and should not give such kind of decisions, which create hue and cry among masses.

    http://www.dailytimes.com.pk/default.asp?page=2011%5C12%5C20%5Cstory_20-12-2011_pg7_17

  • Pakistan’s Communist Party Chairman Engineer Jamil Ahmed Malik has also stepped up pressure on Lt. Gen. General Pasha calling on the Supreme Court to take action against him for meeting Arab rulers.
    Malik urged the court to remove Lt. Gen. Pasha, saying he has lost the right to continue in the post after his involvement in the Memo Gate scandal.
    He said neither the ISPR (Inter Services Public Relations) nor Lt. Gen. Pasha had clarified media reports alleging that Lt. Gen. Pasha had called on the Arab leaders.
    Malik contended that Lt. Gen. Pasha and the army were involved in politics, which was contrary to their oath under Article 244 of the Constitution.
    Most of Pakistan’s politicians have suggested that the Abbottabad probe should recommend removal of top leaders from the country’s security establishment if it is proved that Bin Laden conveniently lived in Pakistan with their support for years.
    The judicial commission headed by former Supreme Court judge Javed Iqbal is tasked to probe the exact circumstances surrounding the killing of Bin Laden in a night raid by US NavySeals in Abbottabad on May 2.

    http://flashnewstoday.com/index.php/pasha-should-have-resigned-after-abbottabad-raid-asma-jahangir/

  • Top lawyers blast Asma for unfair comments

    our correspondent
    Wednesday, December 21, 2011

    1

    ISLAMABAD: Senior legal and constitutional expert Barrister Akram Sheikh has taken strong exception to attacks against the Pakistan army and the judiciary by Asma Jahangir, who is appearing in the Supreme Court as attorney for Husain Haqqani.

    Talking to The News he said that it was not only in the domain of DG-ISI to instantly act and collect evidence regarding any alleged conspiracy against sovereignty of the country but it was his foremost duty and obligation by virtue of his office to act.

    He said while any role of ISI within the country using its political wing established by late Zulfiqar Ali Bhutto was questionable, out of the country it is only the ISI which is bound to act swiftly against attacks on the country’s sovereignty anywhere in the world. He said that every Pakistani citizen, under articles 4 and 5 of the Constitution is bound to exhibit loyalty to his motherland. Akram said that if any design against the country’s sovereignty involves alleged role of any Pakistani citizen, it simply aggravates the sensitivity and heinousness of the matter and the role of country’s elite intelligence agency becomes more vital. He said that action of DG-ISI was under defined laws and rules and thus he did not need any further approval or authorisation, which is already provided under the ISI charter.

    Akram Sheikh said that giving comments against the national institution outside the building of the Supreme Court is highly condemnable and should not have been done, especially when a case is under hearing in the apex court.

    Giving such comments against the other respondent party is simply not understandable, the lawyer said adding that if Asma possessed any proof of DG ISI’s involvement in something illegal or unconstitutional, she should immediately file a complaint and move a court of law against it along with furnishing all the evidence.

    He said the Memo case hearing could not be disturbed by making such attempts and politicising the issue. Another senior lawyer, Ikraam Chaudhry, while talking to The News said that any one can make a ‘fair comment’ on a court order or judgment but no one is allowed to speak on the merits of the case or to pass comments or give judgment of the case.

    He agreed with Akram Sheikh that Asma’s comments were not fair.
    #

    http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=83393&Cat=2

  • Wonderful world of internet. Any stupids can post anything

    Pasha is protecting the country which is his job but off course it does not go well with India/UK/US/Israel.

    If this letter has been proposed by the PM Gillani (I did not read the whole letter because its too long and anti-Pak) then he is subject to even more problems – worse than the memogate

    Inviting a foreign corporate to prosecute head of the national security agency, is also a treason for which PM / Zaradri are already implicated.

  • I have challenged PPP supporters on this website in the past, I repeat it once again, anyone of you, best of your writers are invited to have a written debate with me to defend the corrupt PPP thugs you call politicians.

    PPP is not a political party, it consist people who are driven by greed and selfishness. They are incapable to do any good for the country and its people. Sooner PPP disappears from power and from the political scenes of Pakistan, it is better for Pakistan and its people. PPP was the main culprit in the break up of Pakistan in the past without shadow of any doubt, and it would be catalyst for its break up again, God forbidding.

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