Petition filed against Pakistani Senator Farhat Ullah Baber.

The Honorable Supreme Court of Pakistan,

(Constitutions Jurisdictions Rights)

Constitution Petition

Human Rights Commission for South Asia.

Through: By all means Syed Muhammad Iqbal Kazmi,

Representative Human Rights Commission South Asia, presently performing his services voluntarily as Correspondent Human Rights Commission South Asia Pakistan.

Address:  First Floor Court View Building, M.A. Jinnah Road Karachi.

Cell No:  0323-9251733  …….Petitioner.

In the Names of:-        (Following Respondents from S.No.1 to S.No.7)

1)  Federal Government of Pakistan,

      Through: The Secretary Ministry of Law, Justice& Human Rights,

       Block S & R Pak Secretariat Islamabad,

       Phone No: 51-9201244, 9210062, and 9211428.

2)  The Secretary,

Committee for Human Rights Senate of Pakistan,

Parliament House Islamabad

Phone No: 51-9022022

3)   The Election Commission of Pakistan,

 G-5/2 Sharah-e-Tasdoor Islamabad,

 Phone No: 51-9219139.

4)    Mr. Farhatullah Babar (Senator)

 House No.F-7/4 St-52, 24-A, Islamabad

  Phone No.051-2655589. 

5)   The Director General Pakistan Rangers (Sindh)

       Head Quarter Muslim Jinnah Court Building,

       Dr: Zia-ud-din Ahmed Road Karachi

       Phone No. 21-99205285-87

6)   The Chairman PEMRA

       Pakistan Electronic Media Regulatory Authority,

       St-51, G-8-1,G-8 Islamabad

        Phone No.(51) 9107151-3,

7)      The Chief Executive Officer “Dawn” (News T.V. Channel)

Constitutional Petition under Article 184(3) of Constitution of Pakistan 1973 of Islamic Democratic of Pakistan

 1-   The International Monitoring Organization’s (IMO) subsidiary Institution i.e. Human Rights Commission for South Asia has been come into existence  in 1912 and established in same year, the International Secretariat of which set-up at Stockholm, Sweden. The I.M.O. has been registered at Sweden in 1987, bearing Registration No.802013-0986. The Human Rights Commission for South Asia’s Registration No. is SNI-94990 as Subsidiary of I.M.O (Annex-A)

2-      The Role & Objectives of Human Rights Commission for South Asia to clean & pellucid the depraved environmental Society, assisting the People victimized of inhuman behavior, eradicating current preferential treatment in group of persons and to provide justice in South Asian Countries. There is a definite difference among Human Rights Commission South Asia & other N.G.Os. The Human Rights Commission for South Asia does not collect Funds in the manner of other N.G.Os, it merely focuses on monitoring & protecting basic rights in accordance with Regional Laws & Constitution. The HRCSA & its representatives accomplish services voluntarily by self-auxiliary.  It draws up its reports regarding Government efficiency & performance ravishing of Human Rights ardors of N.G.Os and also sends the same to U.N.O., UNICEF, and European Union including Heads of States of respective Countries. The HRCSA’s Chairman is Mr. John Erikkson. The Petitioner Syed Muhammmad Iqbal Kazmi has been representing Pakistan since 2008. The Chairman HRCSA has invested an authority for submitting Petition to him, making term of reference with honorable court in the best interest of common men & institution (Annex-B).

3-     The following dignitaries are representing HRCSA rendering their services:-

         A)  Mohterma Rathermamavi in India,

         B)   Mr. Rehmatullah Yousafzai in Afghanistan R/O Khost City Markazi Bazar Pakhtiya

               (Afghanistan) where other Namesake (Rehimullah Yousafi) is performing as Prominent

               Journalist in Peshawar.  He does not represent HRCSA or does he have any connection

               with us. The relevancy in the name can not be accounted towards representation.

C)     Mr. Muhammad Yasin Azad in Bangla Dash.

D)     Mr. Pershandar yaal in Nepal.

E)      Mr. Ajit Singh in Sri Lanka.

          These representatives are the citizen and abode from their respective Countries.

Background for submitting legal petition

4.     The Human Rights Commission for South Asia has been reported on “Zarb-e-Azb” and splendid achievements & success of Pak Army comprehensively particular to Pakistan Rangers at Karachi including Sindh province for up-rooting the crimes, eradicating terrorism and proper action against corrupt elements plundering National Wealth. This Report has been broadcasted displaying at Website pertaining to Human Rights Commission for South Asia (www.hrcsa.org) (Annex-C).

5.       According to News information appeared in Newspaper, the report of HRCSA has been presented by Pakistan Rangers (Sindh) before the Senate Committee for Pakistan Human Rights.

6.       An Electronic Channel (Private T.V. Channel) namely “Dawn” has telecasted Urdu Programmed “Zara Hat Kai”, whose penal of discussion consisted on:-

A)     Director Alia Chughtai

B)     Anchor Mr. Mubassar Zaidi

C)     Zarar Khooro

D)     Mr. Farhatullah Babar Member of Human Rights of Senate Committee

E)      Duration of Programmed consisting to (22) Minutes

F)      Time of Discussion/Debate from 11.04 PM to 11.26 PM  (Annex-D)

7.       The  Pak armed Force’s prominent Institution “Pakistan Rangers” & Human Rights Commission South Asia were remained surrounded with defamation till (22) Minutes. The

Program “Zara Hat Kai” had been watched by numerous spectators & being kept watching on “You tube” (Annex-D).                             

8.        The private T.V. Channel “Dawn” and its Program “Zara Hat Kai” telecasted on dated 16 Aug 2016 whose participant of Member Human Rights Committee of Pakistan Senate, Senator Farhatullah Babar mentioned at S.No.4 of this Petition (Party to the Petition) blurted out  the Report false jestingly & bigotry, fixing the HRCSA spurious as well. In this way the Conduct & Role of Human Rights Commission for South Asia have been got sullied. The recorded C.D. of Program along with verbatim written Script as (Annex-D & D-1) .

9.        The Party to Petition at S.No.4 in Electronic & Print Medias particularly in Private T.V. Channel “Dawn” has been spoken falsely during the Program “Zara Hat Kai”, hence he prima facie proved not to be truthful, sincere & faithful obviously.

10.      While fixing the report of HRCSA as false and making splendid success achieved by Pak Army in “Operation Zarb-e-Azb” as controversial. The Pakistan Rangers at Karachi including Sindh Province for up-rooting the crimes, eradication of terrorism and action against corrupt Elements who plundered National Wealth with both hands in particular. The Respondent has prima facie taken politics steps to sabotage the perseverance against all aforesaid malafide implementation.

11.       The Party to Petition at S.No.7. The “Dawn” (T.V. Channel) Anchor, Mr. Mubassar Zaidi has, on the eve of staring the Program “Zara Hat Kai” said “Babar Sahib welcome to the Show, please tell us “what are you saying  that the Armed Forces may be suffered a reverse by this answer”? Hence tell me that on what grounds you have rejected this Report”?

12.      The Respondent at S.No.4 of the Petition has replied “The whole thing is that we have been convened a meeting of our Human Rights Committee of Senate in previous month and what ever alleged violation (Human Rights Violation) occurred at Karachi particularly a Person (Accused) namely Aftab, his custodian Death, than we were talked on this Report.  The representative of Rangers said “Look at their way of working  that an International  Human Rights Commission has also verified…… & issued a statement in our support……we amazed on this……& said….that have you possessed the Report of Commission.. than he also read on same extracts of Commission report.. At that time we have not been possessed the report of Commission…..but type of extracts have been read…..its construction & flow of English was such like that I got suspicious . The sentences look one sided….. & one an International Human Rights Commission…. It is well that….Armed Force institution…….. I am talking about that allegation by a Political Party…. than a huge detriment… Members of Human Rights Committee. I did not hear the name of this Commission before & this is our negligence that we are unknown its whereabouts…..little while…send us its report with details so that we may get into contact, so we also come to know that such institution are in existence who investigates in such manner, than by little while in what manner they investigated this……. So that whenever Human Rights violation occurred we do keep in sight such like lines. We were not had an evil intension But I wanted to know that “what is the matter”? 

13      The Party to Petition at S.No.4. The Respondent has, while open repudiating his parliamentary Oath position, perjury, falsehood, malice to Armed Forces under clause 62 subsidiary Section “F” of Constitution of Pakistan said that I opened the Website …..I could have been collected the information……..There found two important information….. At first there were displayed the names of their two representatives, one of them is a prominent Journalist at Peshawar, an authentic Celebrity, credible absolute clear from any doubt i.e. Mr. Rahimullah Yousafzai &  he (Respondent at S.No.4)  checks out that Mr. Yousafzai’s name appears under our HRCSA Website at Afghanistan .                                              

Second name is from Sindh Province i.e. Mr. Hilal Usmani representing from Sindh who reports internal affairs relating to Human Rights in Pakistan. Let us talk purview of HRCSA in Pakistan. The Phone of Correspondent representing Sindh (Mr. Hilal Usmani) is not available and mail receiving on his Email directly reached to us (Domain) but not delivered to him.

14.       The Email Addresses displayed on our Website of HRCSA are of auto reply system. The messages which are being received acknowledging & answering automatically. This practice has been continuing since many years. This is also obtainable through Domain report. (Annex-E)

15.       No any claim was existed in our Website from HRCSA. We are also maintaining status quo presently.

16.       The Respondent at S.No.4 has neither been sent any mail nor got into contract HRCSA, Head Quarter.

17.       The Respondent at S.No.4 has himself fabricated the name of Rehimullah Yousafzai R/O

Peshawar & attachment with HRCSA. The Respondent (S.No.4) has given corroborative evidence by saying that he has himself conversed with Rahimullah Yousafzai “Do you have the membership of HRCSA…. & what are your entrusted assignment  “ I wanted to talk little with you”….Yousafzai ultimately answered that I have not been got any membership from any Human Rights Commission not managed enough for the purpose…”  Your name appears on Website representing from Afghanistan as you know….” Mr. Rahimullah Yousafzai is an expertise over affairs of Afghanistan” Further added “Yes your name given about this very reference” thus I wanted to know if the reports in question possessed by you” “My own opinion was that such prominent Journalist (Mr. Rahimullah Yousafzai) working & appertaining with them, the institution celebrity enhances…… Mr. Rahimullah Yousafzai expressed his amazement... that as to how they displayed his name without getting permission from him… “I have no concern with any Human Rights Commission”… He refuted it rigidly.

18.     The Respondent to Petition at S.No.4 has while showing dishonest, falsehood disgracing the Armed Force (Pakistan Rangers), violating Constitution completely under Article 63 subsidiary Clause “G” said “Taken wrong step…this is an ordinary matter…although it is serious matter yet I may perhaps ignore the same. The important issue is that who delivered this Report to Pakistan Rangers… & it is obvious ….. This Institution is forged….. If Institution is not genuine…. It displays the name of prominent Journalist on the Website and the concerned Journalist announces his irrelevancy then it is obvious that celebrity along with institution may cast suspicious in South Asia…. Now if the report picked up by unknown person and handed over to Pakistan Rangers…… and Rangers may themselves make the report publicly and say that look my dear sir, we are doing absolute right… the damage so done…. Ranger’s celebrity who is the institution of Armed Force and whose celebrity affects badly nobody would in belief & gull in saying of Rangers… The purport of my words is that bringing such report of HRCSA for public view allegedly…whenever the Rangers try to enhance its grace & weight, the Institution Human Rights proves to be bogus & it does not establish safe sound wherefrom the big question mark rises upon the Rangers & Human Rights.

19.       The Party to petition at S.No.4 has been settled HRCSA as spurious during debate in T.V. Program by falsehood and hostility along with Pak Army, showing open deviation from under Constitution of Pakistan article 62 subsidiary Clause “F” and contrary to his swearing official Parliamentary Oath.                                                                            

20.        The Party to petition at S.No.4 has, while lying jestingly & refusal to Article 62 of Constitution of Pakistan subsidiary Clause “F” and contrary to his swearing official Parliamentary Oath, made statement to National Newspapers which were published in various Dailies resulting hammering the reputation & good-will of HRCSA badly. (Annex-F)

21.         The Respondent at S.No.4 has been stated falsely, contrary to his official Parliamentary Oath that “I tried to contact on telephone directly but I could not find the number” The telephone of HRCSA are remained on constantly and every moment. If there may be no contact, an auto-machine within the telephone records the Message and replies automatically.

22.          The Party to petition at S. No.7. The Respondent (Anchor) has, while saying in jestingly falsely and contrary to his obligation in spiritual values of Journalist, misbehaving the role & conduct of HRCSA, been settled that he felt…. The HRCSA…..has been duped the Rangers.

23.          The Respondent at S.No.7 (Anchor) has been assented in this Program that how wonderful is HRCSA….but it has displayed the Press Releases…..HRCSA has also collected NEPRA Tariff & Aid control material in Pakistan….such like talks. It is evident from the assents that they had also been aware about Petitioner.

24.          The Respondents at S.No.4 & S.No.7. Both the Parties were arranged pre-plan regarding the Program in tenting to misbehave, misconduct the Pak Armed Force & simultaneous declaring Human Rights Commission South Asia as spurious.

25.          The Party to Petition to S.No.4 & S.No.7. Both the Respondents have been put in black & white at Screen preamble Program in block Letter as under:-

                                              “Rangers # One      Report # Two (Spurious)”

26.           The Party to Petition at S.No.7.  The Respondent must have been his journalism obligation to also invite representative of HRCSA into Program to know their Opinion legally in principle in this regard.

27.           The Respondents at S.No.4 and S.No.7. Both the Parties have been arranged pre-plan Program its recording and telecasting the same conjointly as one-sided.

28.            The Party to Petition at S.No.7. The Respondent together with Anchor was remained laughing consecutively & wittily upon Human Rights Commission for South Asia.  

29.           The Party to Petition at S.No.4. The Respondent is accustomed making statements on different T.V. Channels against Armed Forces of Pakistan besides to Program under reference. The recorded Video attached for kind perusal. (Annex-G)

30.           The Respondent at S.No.4 has been serving as “Interpreter” of former President of Pakistan & it Party PPPP (Pakistan People Party Parliamentarian)

31.           The Party to Petition at S.No.4. The Respondent holds elected membership in Senate

through PPPP (Pakistan People Party Parliamentarian).

32.           The Respondent at S. No.4 calls and admits Mr. Bilal Bhutto Zardari as his Chairman.

33.           The Respondent at S. No.4 participates in organizational Meeting of PPPP in the capacity as member of the Party (Pakistan People Party-PPP)                          

34.          The Party to Petition at S.No.4. The Respondent Senator Farhatullah Babar in case having had suspicious in his mind about HRCSA, he could has been obtained information from Pakistan Embassy at Stockholm Sweden or acquired report from the Investigating Agencies in Pakistan.

35.          Pakistan Human Rights Committee Senate is completely partial and political.

36.          The Pakistan Human Rights Committee (Senate) consisting of (12) Members. All the members are relating to Politics except Mr. Mohsin Khan Laghari whereas the Chairperson

 Mrs. Nasreen Jalil affiliates with M.Q.M (Mutahidah Qaumi Movment) Pakistan. The Four Members i.e. M/s Ahtizaz Ahsan, Zaheer-Ud-Din Babar Awan Mutharma  Sehar Kamran attached with PPPP (Pakistan People Party Parliamentarian). Likewise the remaining Members also belong to PPPP.

37.          The Chairperson (Mrs. Nasreen Jalil) of Pakistan Human Rights Committee (Senate) whose has been affiliated with M.Q.M proclaims herself being afflicted by Pakistan Rangers.

38.          The Chairperson’s Party (M.Q.M. Pakistan) and its Founder & Chief Mr. Altaf Hussain ever have an ogle in misbehaving & misconduct  to Pakistan Armed Forces especially Pakistan Rangers.

39.           The Chairperson Human Rights Committee (Senate)’s Party (M.Q.M) and its Founder & Chief Mr. Altaf Hussain shouting & raising Slogan by himself  & Party members as well, repugnant o Pakistan.

40.           The Chairperson’s Party and its Founder & Chief (M.Q.M.) Mr. Altaf Hussain has already been convicted by Army Court on the charge to setting the National Flag of Pakistan on fire at Shrine of Quaid-e-Azam Muhammad Ali Jinnah.

41.          The Chairperson’s Party (M.Q.M.) and its Founder & Chief were continuing in disgracing the Director General Pakistan Rangers by name jocosely.

42.          The Chairperson Human Rights Committee (Senate) can not speak out against her Party’s Founder & Chief Mr. Altaf Hussain on shouting out Slogan against Pakistan.

43.           The Respondent at S. No.4‘s Party PPPP (Pakistan People Party Parliamentarian) ruling & holding sway in Sindh Province even at present engages in cold politics strife.

44.           The Respondent at S.No4’s Party (PPPP) & its President’s fast friendliness Doctor Asim Hussain including other Persons arrested causing uneven relationships with Pakistan Rangers. Therefore Respondent’s prominent Leaders of PPPP talk openly against Pakistan Rangers on Media merely very reason.

45.            The Party to the Petition at S.No.4. The Respondent’s Party (PPPP) central President is Mr. Asif Ali Zardari.

46.              The Respondent at S.No.4’s Chairman is Mr. Bilawal Bhottu Zardari (PPPP).

47.              The Pakistan People Party Parliamentarian (PPPP) and Pakistan People Party are two Parties having separate entity.                                                                

Court Jurisdiction:

48.              The Petitioner/Applicant submits solemnly & humbly that:-

In the best interest of Common man & in accordance with legal right & basic right delegated in Constitution of Pakistan in Part Two Chapters one to enforce any of above legal rights and to protect the same following to deflection from Rules of Procedures & Regulation prescribed in Constitution of Pakistan in the light of aforesaid Chapter. In the context of basic rights & jurisdiction  delegated to Honorable Court under Constitution Article 4,8,25,37 & 184 (3). The Petitioner has, in the light of aforesaid Articles & Clauses and for the sake of rights to human beings on derelict to basic Rights, in the best interest and benefits of masses, submitted righteous application to knock at the door of honorable Court. The Petition do believes & determines for justice in the light of aforesaid Articles/Clauses of Constitution of Pakistan. The Honorable Court has also been ordered in various Law-suits & issued verdicts particularly in “Dual Nationality Cases” for instance:-

i)                    PLD 2000 SC 84

ii)                  PLD 2006 SC 394

iii)                AIR  2002 SC 350

iv)                 PLD 2004 SC 600

                    The Honorable Court has, while adjudging the Case bearing No. PLD 2004 SC 482

been settled that:

                    “Petitioner must show that he is litigating in Public interest and for public good or

                     for welfare of general Public. Petitioner in public interest litigation can agitate relief

                     on his behalf and also on behalf of general public against various public functionaries

                     on their failure to perform their duties relating to welfare of public at  large, which

                     they are bound to provide under relevant laws.”

And also in case of violating basic Rights, the afflicted Person may proceed in taking action on the basal of Principle, which may put leniency. In case of violation of basic rights, any Person may take action for a group or class with bonafide attention. Various examples are on the records set by the Honorable Court for instance:-

                        (AIR 1971 SC 2003)  (AIR 1979 SC1626)  (PLD 1975 SC 506)

                           (PLD 1988 SC 416)   (1992 MLD 2238).

49.          Additional submissions with facts shall humbly be presented before the Honorable

Court during the hearing.

Supplication.

In view of above mentioned facts and humbly presentation of evidences, it is prayed that the Respondent at S. No.4, Mr. Farhatullah Babar, finding him deviating from Article 62, 63 & ineligible him under article 53 of Constitution of Pakistan

The Respondent at S. No.4 underwent falsehood, insincere, breaching the trust. The Respondent being a member to Pakistan Human Rights Committee Senate, while participated in a Program “Zara Hat Kai” arranged on dated 16 Aug 2016 by a Private Channel “Dawn” (T.V. Channel) blurting out the repute world-wide Human Rights Commission for South Asia as spurious Organization jestingly.                                                             

The Respondent at S. No.4 as many as venomous statements into Print/Electronic Media also against the report of HRCSA, the Operation “Zarb-e-Azb” which achieved  splendid successes

by Armed Forces settled it as controversial. It may be understood that Pakistan Rangers on one hand are performing their national obligation to up root the crime, to eradicate terrorism and drastic action against corrupt elements that plundered nation’s wealth in Karachi including in Sindh.  The Respondent at S.No.4 has been initiated malafide steps to sabotage the categorical operation against nation’s enemies:

Prayed that:-

The Respondent at S. No.4 may b declared ineligible under Articles 62, 63, 4, 25 of Constitution of Pakistan and under Political Party Order 2002 & Article 5 for possessing Dual Party Membership like wise Dual Nationality, the precedent of which is exist on the record of honorable Court.

And further prayed that:-

i.                    The Chairman PEMRA at S. No.6 & Chief Executive Officer “Dawn” T.V. Channel at S.No.7 may be ordered to initiate legal action for arranging a Program “Zara Hat Kai” for creating bigotry, falsehood, disgracing institute of Armed Force, Pakistan Rangers and on account of settling prominent HRCSA as spurious through aforesaid T.V. Channel as per PEMRA rules- And

ii.                   The Chief Executive Officer “Dawn” T.V. Channel at S. No.7 may be ordered to expunge  the controversial Program “Zara Hat Kai” from “ You Tube” immediately and arrange a new Program in lieu of  telecasted on dated 16 Aug 2016. The participation of representative from Human Rights Commission for South Asia may certainly be expedient into new Program. The Respondent at S. No.7 must regret for disgracing, insulting HRCSA & settling it as spurious/fake. And

iii)                The Respondents at S. No 4 & at S. No.7 may be ordered for necessary compensation

              to the damages incurred to Human Rights Commission for South Asia, and for the

              relief under the rules in conformity with honorable court decision. I humbly

              prayed for justice dignifying to HRCSA.

Syed Muhammad Iqbal Kazmi                                                                     Sep: 2016

Representing Human Rights Commission for South Asia

Stationed at Pakistan

First Floor Court view building

M.A. Jinnah Road, Karachi

Cell # 0323-9251733