Accountability or Revenge
Address of Mohtarma Benazir Bhutto
Chairperson Pakistan Peoples Party and Leader of the Opposition
At a Seminar organized b Council of Pakistan Affairs Karachi
November 26,1998

Ladies and Gentlemen,

There is a difference between the process of Accountability and the policies of revenge. Accountability applies equally to elected representatives of the people on both sides in the National Assembly. Politics of Revenge applies only to the members of the Opposition. The process of Accountability is conducted by a non-partisan office whereas the policies of revenge lies at the heart of the Prime Minister's secretariat.

Accountability is achieved through the use of the Judicial process. Revenge is sought through abuse of the judicial process.

An example of accountability is the United States. There an independent prosecutor investigated the most powerful man in the world. The president of United States did not hide behind the law by hijacking the office of the prosecutor through special laws. He faced the inquiry with strength. Here the Prime Minister of Pakistan who has defaulted with billions of rupees, laundered money through the Qazi passports and evaded tax refuses to allow for his independent investigation. He cooks up cases against the Opposition to divert attention from his ill-gotten wealth. He makes Judges who helped him overcome the Taj Company, Co-operatives and Supreme Court crises Senators and President.

One of the most unfortunate aspects is the Swiss government's role. By accepting the request of the Nawaz regime against the Leader of the Opposition, the present Swiss regime took sides in a Partisan political battle.

The Swiss made a mistake. A crime has to be first committed for criminal money to come. Next comes the question of laundering that criminal money.

We do know that the Swiss action was triggered by the false Pakistani claims that two Swiss companies had been illegally awarded a contract for pre-shipment.

Now the star witness of the regime has admitted in the Lahore High Court during the trial that the award of contract to PSI on a proposal by Revenue department companies was approved unanimously by a high level committee.

I bring this to your attention because the Swiss matter received so much publicity. I wonder why the star witness's statement has not received the same publicity.

In any event, the PSI companies helped double Pakistan revenues from Rs. 140 billion to Rs. 300 billion under the PPP. Our revenues are still frozen at Rs. 300 billion despite massive new taxation due to the cancellation of the PSI contracts.
 

The cancellation and scandalization of PSI companies has caused as much, if not more, damage than the scandalisation of the Independent Power Projects.

Pakistan economy is tottering because the policies of revenge targeted the two pillars on which the PPP government had built an economically secure Pakistan. Namely the first pillar of doubling revenues (PSI) and the second pillar of quadrupling direct private foreign investment (IPPs). On these two pillars, the PPP gave Pakistan an economy with a 6% growth rate, a falling deficit, reduced debt liability, sanctity of foreign currency deposits, a booming stock exchange and forex reserves of $ 2 billion as of June 30,1996.

The people today have a clear choice between the booming economy given by the PPP through MOUs and the default economy given by a defaulter Prime Minister through his IOUs.

Let me make it clear. We in the PPP demand accountability and presented a fair, just and even handed Accountability Bill in the National Assembly in September, 1996. We do not, however, subscribe to the disease of nailing political opponents on fictitious charges through dubious means of torture, perjury, imprisonment, coercion and forgery. Unfortunately this practice began in 1948 and has since been adopted by the heirs of dictators against the popular liberal, democratic forces of the country.

Soon after the birth of Pakistan, the infamous PRODA was born in 194 to eliminate those brave sons of the Pakistan movement who had participated in the struggle for freedom. Those disqualified include the first Chief Ministers of Punjab and Sindh and Mr. Hameedul Haq Chaudhry, a staunch Muslim Leaguer from East Pakistan. A decade later, the dictator Ayub declared Martial Law and rounded up his rivals before the Electoral Bodies Disqualification Order (EBDO). As India marched on the Road to Self reliance, EBDO was used to tame political leaders and turn Pakistan into a client state.

A generation of genuine political leaders including Prime Minister Shaheed Suharwardy and Chief Minister Mian Mumtaz Daultana were disqualified through a shameful abuse of the judicial process. The abuse of the judicial process sowed the seeds of disintegration which we bitterly harvested in 1971 with the breakup of the country.

A decade later in 1971, when the popular Quaid-e-Awam took over the reigns of government, Pakistan was spared the abuse of the judicial system. As a democrat he did not seek to eliminate his rivals. He had confidence in his own power base. But the second Martial Law by General Zia once again led to the abuse of the judicial system.

The instruments for the persecution of political opponents were Presidential Order 16 and Presidential Order 17 of 1977. Many political leaders were disqualified under these Orders. The climax of judicial abuse came with the so-called trial of Quaid-e-Awam and his execution. Zia saw a threat and he moved to remove it in a manner that disgraced Pakistan throughout the world. The word judicial murder was born and Pakistan faced a serious threat of disintegration. However PPP saved the country.

The common feature in PRODO, EBDO the two POs and the hanging of Quaid-e-Awam was that prosecution was a football in a game of power politics run at the whim o' an insecure regime lacking popular support. The abuse of the judicial process tarnished the image of the judiciary. Some say that throughout Pakistan's history, the judiciary has been on trial. Terms such as `briefcases for Judges' have arisen amongst the public which reflect poorly on our institutions, society, government and the country.

I recall vividly the words of Quaid-e-Awam who said that if the judiciary does not jealously guard its own reputation and integrity the day would come when Martial Law would begin accountability of judges.

Last week we saw Pakistan's second largest province handed over to the military. If remedial steps are not taken urgently, the induction of the military in Sindh could well turn into a prelude for full fledged Martial Law.

This time it is likely that judges will join politicians, bureaucrats and businessman in being held accountable. After all when the Chiefs of the Navy and Army are unceremoniously sacked and the superior judiciary watches a corrupt political regime with out taking suo moto notice of the corruption charges filed against it, when the superior judiciary watches the ruthless, brutal persecution of a political party on cooked up charges based on perjury, forgery, torture, imprisonment, kidnapping, coercion, then all is not well in Rome.

We are witnessing the total collapse of institution. Anarchy and chaos have become the order of the day. The regime has a one point agenda of eliminating PPP. This obsession has blinded it to the realities of governance, laws, morality and created a grim vacuum. A vacuum which the politically motivated clerics are threatening to fill.

On the basis of a proposal of the PPP government, the office of an independent prosecutor was created in the form of the Chief Ehtesab Commissioner by the Ehtesab Ordinance, 1996. The Chief Ehtesab Commissioner, a judge from the Supreme Court appointed by consensus between Leader of the House & the Leader of Opposition was to spearhead an impartial inquiry into misconduct and corruption on both sides of the house ensuring equality, fair play and honesty. But a guilty PML(N) regime stained its hand with the execution of the independence of the Accountability Commission by stripping the Judge of all powers and making him a nothing more than a rubber stamp for its own malafide, malicious, politically motivated dramas to cover up the default of leading luminaries like Mian Sharif, Nawaz Sharif, Shahbaz Sharif and Saifur Rehman. The first clause to be hit was that accountability should begin from 1985 when Nawaz Sharif was Chief Minister, Punjab and had doled out 5600 plots, often to non-existent fictitious names. For daring to expose the plot scandal of Nawaz Sharif, Pir Mazhan..l Haq was targeted. To cover up the acts of commission and omission, accountability was shifted to 1990 onwards.

The Chief Ehtesab Commissioner was stripped of his power to refer complaints suo moto to the courts without reference to any investigative agency if he was of the opinion that a primafacie case was made out. This was to give veto powers to the regime to prevent the Judge from exposing its Blackdeeds and sending the Nawaz, Rehman & other families to the courts.

To hi jack the Accountability process an Ehtesab Cell was created giving enormous powers to a dubious character with no credibility who owes millions to the Banks, pays no tax and has no source to explain his assets.

The office of Chairman of Ehtesab Cell headed by the notorious and ill reputed Saifur Rehman was created as a sword and as a shield: as a sword to attack t he members of the Opposition and as a shield to protect the PML from the clouds of corruption which have hovered over it since the rule of Nawaz Sharif as Finance Minister in 1981.

The addition of a Cell in the Prime Minister's secretariat is discriminatory and contrary to the provisions of the Constitution. It has negated the right of equality before the law evidenced by the fact that no reference has been referred to an Ehtesab Bench despite many complaints being filed against Mr. Nawaz Sharif, Mr. Shahbaz Sharif and Mr. Saifur Rehman.

A classic example is PIA Reference 28/97 filed against the Opposition before the Ehtesab Bench at Karachi. The people of this country want a government which provides job opportunities. This case tries to turn a virtue into a vice by arguing that the appointments are illegal. An almost identical complaint was filed against Nawaz Sharif arid others with full supporting evidence many months ago for he had given jobs to cronies at exorbitant salaries as a bribe to protect his default and Tax evasion. Yet no action has been taken on this complaint. A constitutional petition has been filed before High Court of Sindh seeking its assistance in having this complaint dealt with in accordance with the Act. We are still waiting for the honourable court to take up the matter. To pressurise the Sindh and Lahore High Court, four vacancies in the Supreme Court are lying unfilled. These vacancies as so eloquently shown during the Judges Case, exert undue pressure on the judiciary. There are simultaneously threats and inducements being meted out to the judiciary in a crude fashion by the executive. Unfortunately, some believe the judiciary has been tamed by the Mob attack on the Supreme Court i n November 1997. Judicial activism has been replaced by judicial passivism. However, for how long can the judiciary, itself an integral part of society, remain a silent spectator to the events around it and before it? The people at large look towards the judiciary for justice. As time passes, the voices crying out for justice against repression and suppression rise in volume and intensity. Such is the dynamic of social charge that inevitably the cries of the populace will reach the hollowed portals of the custodians of Law. For law to remain, just for judiciary to remain pristine, society matters. Judges judge individuals. The public judges judgements. I am sure the judiciary will live up to the expectations of not only the victims of state repression but the demands of history itself by responding to the aspiration of the people who seek support, succour and a stable society through the scales of justice.

The crippled nature of the morally bankrupt and politically prejudiced biased and unjust Ehtesab Bureau was evident when three leading English dailies published stories of corruption, money laundering, tax evasions and abuse of office by Mr. Nawaz Sharif.

One day the serious fraud office in UK will investigate how Finance Minister Dar, a onetime chartered accountant of Ittefaq concerns, took the Qazi passports, forged the signatures to set up fictitious accounts for the Nawaz family. These fictitious accounts were used to launder money siphoned from public sector banks amounting to $ 100 million (according to the then prevalent exchange rates). Some of this money, according to FIA reports went to Switzerland, some to Saudi Arabia, some to the purchase of 4 flats in London and some was laundered back to the forged Qazi accounts in Lahore. Against these forged accounts, Nawaz Sharif family borrowed money. to set up four industrial units. Thus the paper trial, the documentary chain is irrevocable and incontrovertible evidence of the sins, crimes and illegal acts of the Nawaz regime. Instead of giving a green signal for these cases to be tried, the so-called head of accountability (who is really the tail of the Ittefaq animal) sprang to the defence of the Leader of the House.

His defence of the indefensible action of the Leader of the House was in sharp contrast to his offensive behaviour towards the Leader of the Opposition. It clearly exposed the biased nature of the proceedings taking place in Pakistan.

One of the principles of natural justice is that an accused person has a right to be heard (unless this right is expressly excluded by the statute in question) before a fair and impartial body. Clearly the Ehtesab Bureau and its Chairman do not fit the bill. Nor does the Act fit the demands of natural justice which lie at the heart of Islamic jurisprudence where the levels of evidence are often higher than those found in other civilizations.

Constitutionally, the denial of this right in the Act is in breach of the rules of natural justice and liable to be struck down under the settled principle of Audi Alterim Partem. The Lahore High Court has recognised this contention whilst hearing an Ehtesab Reference.

Section 18 of the Act is specifically against the Injunctions of Islam which does not permit the tainted evidence of an approver to be used against alleged accomplices in return for a pardon. This regime which pays lip service to Islam has exposed its own venal ambitions by enacting a law permitting an Approver. The provision of Approver has been widely abused by the Ehtesab Bureau and its Chairman. People have been tortured into becoming approver. When a Truth and Reconciliation Committee is set up in Pakistan on the pattern of South Africa, the full horror of the inhuman steps, the psychological warfare, the physical pain inflicted, the cruel actions taken, the threats to wives and daughters will all come out. These tactics, Hitlerian in nature, leading to the deaths of Riffat Askari, Chairman, ODGC, Azhar Suhail, Director General, APP, Sajjad Hussain, Chairman, Steel Mill and the heart attacks of Salman Farooqui. Federal Secretary, Usman Farooqui, Chairman Steel Mill, ill health of Masood Sharif, Director General Intelligence Bureau amongst others will shock the world and shame the perpetuators of this crime forever in time.

The Extracts from the daily "Dawn" of 14'h September, 1998 demonstrate the partiality of the process:

"Accountability of dozens of important (sitting) politicians and legislators, some of them provincial chief ministers and federal ministers, has failed to make any headway mainly because of slow investigation and inquiry into the cases against them referred to the Ehtesab Bureau by the Chief Ehtesab Commissioner'.

Referring to the letter written by Commissioner Mirza, the Dawn adds:

“Justice Ghulam Mujadid Mirza, has been waiting for reports from the Ehtesab Bureau for over one year, and, under the law, the CEC has no other power except sending reminders to the EB that reports should be sent at the earliest possible.

The Daily refers to 21 cases/references against the Sindh chief minister Liaguat Jatoi, National Assembly Deputy Speaker Chaudhry Jafar Iqbal, Federal Minister for Labour and Manpower Sheikh Rashid, Faisalabad MNA Chaudhry Sher Ali (brother in law of Nawaz Sharif).

1. PIAC
One of the many fabricated charges against the Leader of Opposition is making illegal appointments in PIAC. This case has nothing to do with financial impropriety. As noted earlier, an identical reference (with full supporting evidence) filed against Nawaz Sharif has not been referred to any Court. The PIA case is based upon the unsubstantiated statement of Ahmad Sadiq. Ahmad Sadiq was an accused in the case. He turned Approver to rid himself of the trial. Interestingly the Supreme Court has ruled that the evidence of an Approver has no value in the absence of corroboration. It is surprizing that the Bench at Karachi is still hearing this case.

2. Assets Mis-declaration:
Again a case which does not involve financial impropriety. Here e en an Approver is missing. The case rests on rumour and hearsay. Even the detective agency hired at millions of dollars has stated in its report, which is on the record, that it was unable to substantiate the rumours. Properties of 155 persons were frozen in one swoop to victimise these close to the PPP leadership. The public prosecutor was forced into admitting before the Lahore High court that the regime did not have a single direct evidence linking the Leader of Opposition to the much publicised accounts in Switzerland. In fact the Swiss case was an example of "Defence is the best offence' by Nawaz and his family. To divert attention from his mis-declaration of assets, his defaults, the billions taken, the lack of source of money to set up factories, Nawaz decided to throw dust in the eyes of the public by creating the Swiss drama. That he has mis-declared his assets are clear. For instance, no where in his election nomination papers has he mentioned his helicopter or his flats in London. How can a man who pays no taxes afford these things which cost millions of dollars? References against Nawaz Sharif and his cronies have malafidely been ignored by the Ehtesab Bureau as this entire process is about revenge not accountability.

3. ARY Gold:
The PPP Government has been accused of granting monopoly to ARY Gold. Infact the contract was awarded after open tender in which only one company met thc: requirements. The tender was called by the Ministry of Commerce and not by the Prime Minister. The decision to permit import of gold was taken by the Cabinet as a whole. It is not understood how the judiciary can review decisions of the cabinet, given the division of power between the Executive, the Judiciary and the Legislature. The Judiciary can of course, review the action of an individual. However in this case no evidence has been put forward to show any connection of the Prime Minister with the decision. The state's case is that if the Prime Minister presided over a meeting, the Prime Minister, and not the cabinet is responsible for all policies. This case is a non-starter. A similar reference was filed against Nawaz Sharif for his granting monopoly rights of a wheat contract to his front man Saeed Sheikh in Washington D.C. and has been malafidely ignored by the Ehtesab Bureau.

4. Tractors:
Yet another case relates to the Awami Tractors Scheme. It will be recalled that PPP government had provided tractors to farmers at Rs: 1,50,000/=. The PPP is accused of improper conduct for not providing the tractors at a lower price. Yet today similar tractors are being sold under the Nawaz regime for Rs. 4,00,000/=. Ironically those trying to help the poor and needy are punished while those like Nawaz Sharif who pillage the nationalised banks are yet to be taken to task. The appointments of favourites with huge salaries in the public sector banks to ensure the rescheduling of Nawaz Sharif defaulted loans is yet to catch the eye of President Tarrar or the Ehtesab Bureau. The whole process is nothing more than a partisan drama funded at public expense.

5. PSI Companies (COTECNA & SGS)
As far as the Swiss Pre-shipment Inspection contracts are concerned. the Nawaz League initially negotiated them in 1992 and the CBR invited tenders at the time. By the time the CBR put up its proposals in 1994, the PPP had formed the government. The proposals were put up to a Committee which included the Advisor on Finance. The Law Minister, the Law Secretary (presently a Judge of the Supreme Court of Pakistan) the Minister of Finance and other government functionaries. It was approved without any dissent as the record show. Mr. Ahmed Sadiq, the then Principal Secretary who was present during the presentation, has already confirmed on oath in his evidence before the Lahore High Court in November,1998 that it was unanimously decided to award the contract to SGS and Cotecna. The Pre-shipment Inspection Companies helped Pakistan double revenue collection from Rs 140 billion to Rs 300 billion in three years. They detected $ 2 billion custom tax evasion. We are going to the IMF for $ 1.2 billion to be paid over three years. Pity the Nation where leaders who are persecuted whilst those who, despite massive new taxation, cannot raise revenues beyond the Rs. 300 billion of 1996 are brought in through presidential intrigue and rigged elections.

This regime inducted favourites at enormous salaries in the CBR in return for protection of Nawaz Sharif tax evasion. SGS and Cotecna were scandalised at the cost of the national economy which has collapsed. Honest Income Tax Officers like Mr. Saadatullah Khan who discovered the tax evasion of the influential were ruthlessly sacked.

We can see that the so-called reference filed by the regime are malafide in fact and in law and are vulgar instruments of political victimization which in any mature democracy should have no place in a court of law. This much publicised politics of revenge however is not just serving the political purpose of elimination of the Opposition in the country but is also serving the regime's objective of diverting the peoples' attention away from the real issues that are facing the country such as the collapse of the economy, the rise of parochialism, the rise of fundamentalism, the rise of violence with Nawaz Sharif inciting the mob either against the Supreme Court, the Armed Forces or the Senate. Such a state of affairs cannot long continue. The insecurity driven policies of a regime born in the darkness of Presidential intrigue, milked on the cow of rigged elections speaking the language of ethnicity, violence and revenge cannot endure. The country has collapsed under the weight of the unpredictable, illogical and unreasonable policies of a mafia which does not know how to spell governance leave alone govern.

The writing on the wall is clear. Every patriotic Pakistani wants an enc. to a regime that is threatening the Nation with disintegration. To lead the people out of the crisis, the PPP and its allies are organising a rally in Lahore on 28 November 1998 to mobilise the masses against a tyranny that is no longer acceptable.

I thank the Organisers of this function for a useful seminar. I hope that the discussions today will help enlighten the people of Pakistan and the world community about the nature of the politics of revenge in Pakistan and its far-reaching consequences on the economy, security, well being and stability of Pakistan.

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