Musharraf sacks Chief Justice of Pakistan

 Justice Iftikhar Chaudhary

 A few moments ago, Chieft Martial Administrator, Self Elected President, Dictator In-Chief of Pakistan, Mr. Allama Dr. Parvez Musharraf has suspended the vocal Chieft Justice of Supreme Court of Pakistan Mr. Justice Iftikhar Chuadhary. Charges made against Mr. Justice Iftikhar Chudhary are ‘misuse of authority’.

More interestingly, Mr. Justice Rana Bhagwan Das, the senior most in the queue has been by-passed and a junior in rank, Mr. Justice Javed Iqbal has been made care-taking Chief Justice of Pakistan.

 Amongs commons in Pakistan, its very common that ‘sacked’ Chief Justice used his powers several times to provide justice to the poors of Pakistan.

Important Judgements by him are

  • declared privatization of Pakistan Steel Mills  as unlawful & reversed
  • named several including Arif Habib & Company to mis-use stock exchange
  • was hearing a case against kidnapping of citizens by agencies

Iftikhar Mohammed Chaudhry, chief judge of the Supreme Court had served in the post since 2005.

The president has submitted a case against Chaudhry to the Supreme Judicial Council, state-run Associated Press of Pakistan news agency reported.

Musharraf had received “numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the chief justice of Pakistan,” and Chaudhry had been unable to give a satisfactory explanation, APP said.

The report did not specify what he was accused of.

The council is a panel of top Pakistani judges that ajudicates cases brought against serving judges and will decide whether the charges against Chaudhry merit his formal dismissal and whether he should be prosecuted.

The strong public announcement against Chaudhry made it appear unlikely he would be reinstated.

Insider information states that Mr. Justice Iftikhar used his powers unlawfully to get his son employed.

All the protocols and facilities provided to Justice Iftikhar Chudhary have been withdrawn.

Yet another step in enlightening Pakistan, for moderation – my foot

 News courtesy:

http://www.jang.com.pk/jang

http://www.iht.com

http://www.bbc.co.uk/urdu

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21 Responses to Musharraf sacks Chief Justice of Pakistan

  1. khurram khan says:

    He also appointed a corrupt person as acting supreme court. Javed Iqbal and his sons are both involved in various sex flings in the USA. I have watched them in Cambridge.

  2. darvesh says:

    Mr. Naeem Bukhari’s Letter to the Chief Justice of Pakistan

    Mr. Justice Iftikhar Muhammad Chaudhry
    Chief Justice
    Supreme Court of Pakistan
    Islamabad, Pakistan

    My Lord:

    I write this letter as an Officer of the Supreme Court of Pakistan; as
    an Advocate enrolled in the apex Court since 1984 and in the High
    Courts since 1972; as an Attorney who has paid more income tax from
    his earnings in the legal profession than many of my friends,
    colleagues and seniors elevated to the Bench; and as a stake-holder in
    the dispensation of justice, intimately and vitally interested in the
    functioning of the Supreme Court.

    Many judges who adorn the Bench in the Supreme Court and the High
    Court know me over decades, as a person endowed by nature with a
    pleasant disposition and acceptance of human failings. Towards the
    courts, my approach has always been of consistent and continuous
    display of respect and humility. I bow out of conviction, not
    compulsion. I use the words “My Lords”, because I want to, not
    because I have to. As an Attorney, I look up to the Court and want to
    see it on a high pedestal of dignity, compassion and justice, tempered
    with mercy.

    I have seen my Supreme Court headed by Chief Justice Hamood-ur-Rahman,
    Chief Justice Muhammad Yaqub Ali, Chief Justice S. Anwar-ul-Haq, Chief
    Justice Mohammad Haleem and how the Court functioned under them in the
    1970s/1980s.

    I witnessed the proceedings for the ouster of Chief Justice Sajjad Ali
    Shah, became aware that the then Prime Minister of Pakistan, Muhammad
    Nawaz Sharif, had ‘worked’ on some judges of the Supreme Court and saw
    the physical assault on the Court.

    I was appalled at the manner in which Chief Justice Irshad Hasan Khan
    led the Supreme Court and pained at the insinuations against Justice
    Sheikh Riaz Ahmad, when he was the Chief Justice.

    I was horrified by the establishment of a Bench of five judges
    constituted by Chief Justice Nazim Hussain Siddiqui to determine
    whether reduction in the retirement age for judges was constitutional
    or not. This was clearly designed to block your appointment. I was
    against the idea of Mr. Amirul Mulk Mengal being made the Chief
    Justice before you. Within the limits of my influence (which I readily
    admit to be very limited), I was totally for you to become the Chief
    Justice. Justice Javed Buttar is aware of my position, as is the
    Attorney General of Pakistan. The accelerated issue of the
    notification appointing you the Chief Justice put Justice Siddiqui’s
    move to rest.

    I believed that you were vigorous, capable of lifting up the Supreme
    Court, creating an espirit-de-corps among your brother judges,
    restoring the dignity and grandeur of the apex Court, particularly
    considering the long tenure before you.

    Alas this has not come about.

    I am not perturbed by your insistence on protocol (despite my belief
    that the Chief Justice would rise in the eyes of everybody if he
    walked from his residence to the Supreme Court and hooters, police
    escort, flags is just fluff, not the substance of an office).

    I am mildly amused at your desire to be presented a guard of honour in
    Peshawar. I am titillated by the appropriation of Mercedes-Benz car
    or is it cars, the use of the Government of the Punjab’s airplane to
    offer Fateha in Multan, to Sheikhupura for Fateha on a Government of
    the Punjab helicopter, to Hyderabad on a Government of the Sind’s
    plane for attending a High Court function, the huge amount spent in
    refurbishing the chamber and residence of the Chief Justice, the
    reservation for yourself of a wing in Supreme Court Judges guest house
    in Lahore, the permanent occupation by the Supreme Court of the
    official residence of the Chief Justice of Sind, who per force lives
    in the basement of his father’s house. As his class fellow in the
    Government College, Lahore, I can vouch that living in the basement
    will do him no harm.

    I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the
    English paper for the Civil Services Examination, that there is a case
    against him in some court in Baluchistan, that from the Health
    Department in Baluchistan he has shifted to the Federal Investigation
    Agency (FIA), that he has obtained training in the Police Academy,
    that he reportedly drives a BMW 7-Series car, that there is a
    complaint against him with the National Accountability Bureau (NAB).

    My grievances and protests are different.

    I am perturbed that the Supreme Court should issue a clarificatory
    statement on his behalf. I am perturbed that Justice (Retd.)
    Wajihuddin Ahmed should be constrained to advise you on television
    that “people who live in glass houses should not throw stones at
    others”. I am perturbed that the Chief Justice should summon Mir
    Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.

    I am appalled that you announce decisions in Court, while in the
    written judgment an opposite conclusion is recorded.

    In the Petition for leave to appeal filed by Dr. Sher Afghan Niazi,
    Federal Minister for Parliamentary Affairs (in which Respondent’s
    Counsels were Mr. Khalid Anwar and Mr. Qadir Saeed), you refused to
    grant leave in open Court and yet in the written order, leave was
    granted to Dr. Sher Afghan Niazi.

    On 15-2-2007, Mr. Fakhruddin G. Ebrahim complained that in open Court
    you had accepted his appeal but dismissed the same in the judgement,
    subsequently recorded.

    If Mr. Khalid Anwar, a former Minister of Law and Parliamentary
    Affairs, and Mr Fakrhuddin, Senior Counsel, are treated in this
    manner, the fate of lesser known lawyers would certainly be far
    worse.

    My grievances also concern the manner in which the last and highest
    court of appeal is dispensing justice, under your leadership.

    My Lord, the dignity of lawyers is consistently being violated by
    you. We are treated harshly, rudely, brusquely and nastily. We are
    not heard. We are not allowed to present our case. There is little
    scope for advocacy. The words used in the Bar Room for Court No. 1
    are “the slaughter house”. We are cowed down by aggression from the
    Bench, led by you. All we receive from you is arrogance, aggression
    and belligerence. You also throw away the file, while contemptuously
    announcing: “This is dismissed”.

    Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada
    appears, your Lordship’s demeanour and appearance is not just sugar
    and honey. You are obsequious to the point of meekness. So apart
    from violating our dignity, which the Constitution commands to be
    inviolable, we suffer discrimination in your Court.

    I am not raising the issue of verbal onslaughts and threats to Police
    Officers and other Civil Servants, who have the misfortune to be
    summoned, degraded and reminded that “This is the Supreme Court”.

    The way in which My Lord conducts proceedings is not conducive to the
    process of justice. In fact, it obstructs due process and constitutes
    contempt of the Supreme Court itself.

    I am pained at the wide publicity to cases taken up by My Lord in the
    Supreme Court under the banner of Fundamental Rights. The proceedings
    before the Supreme Court can conveniently and easily be referred to
    the District and Sessions Judges. I am further pained by the media
    coverage of the Supreme Court on the recovery of a female. In the bar
    room, this is referred to as a “Media Circus”.

    My Lord, this communication may anger you and you are in any case
    prone to get angry in a flash, but do reflect upon it. Perhaps you
    are not cognizant of what your brother judges feel and say about you.

    My Lord, before a rebellion arises among your brother judges (as in
    the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up
    collectively and before the entire matter is placed before the Supreme
    Judicial Council, there may be time to change and make amends.

    I hope you have the wisdom and courage to make these amends and
    restore serenity, calm, compassion, patience and justice tempered with
    mercy to my Supreme Court.

    My Lord, we all live in the womb of time and are judged, both by the
    present and by history. The judgement about you, being rendered in
    the present, is adverse in the extreme.

    Yours faithfully,

    NAEEM BOKHARI
    Advocate
    Supreme Court of Pakistan
    Islamabad, Pakistan

  3. Akram Malik says:

    Thanks to your paper I was able to read in full, the letter written by Naeem Bokhari and addressed to the chief justice of Pakistan, Mr Justice Iftikhar Mohammad Chaudhary. I find the letter pompous to say the least. Mr Bokhari seems to be full of himself.
    Perhaps somebody should remind Mr Bokhari, the fate of Sir Edward Snelson, who was at the time of Secretary Ministry of Law and had made derogatory remarks about the judges of the High Court. The High Court took notice of the remarks tried him and convicted him for contempt. The government of Pakistan appealed on his behalf, but the Supreme Court upheld the decision of the High Court. Sir Edward had no choice but to resign his post.
    I did not have the honour to appear before the Hon Chief Justice, but from experience
    I can say, that at times, some lawyers deserve to be chastised. Way back in 1971, long before Mr Bokhari started his and legal practice in the High Court. I had the privilege of witnessing Mr Justice Mushtaq Hussein, after dismissing his writ petition chastised a lawyer, by saying (or words to that effect). When I look at you, I feel ashamed of myself, because we both belong to the same profession. I may also lead that Mr Justice Mushtaq Hussein was quite right in criticising a lawyer, who had charged a fee and issued a writ petition without any grounds. Whatever.
    One would have thought that an ordinary citizen of Pakistan would have commended, the Hon Chief Justice for taking notice of dishonest corrupt , police officials who failed to take action against their fellow superior officers.
    But Mr Bokhari’s letter was nothing more than a pompous outburst and it deserves the contempt of every lawyer and every decent Pakistani. But what general Musharraf had done is beyond contempt and for once again it proves beyond any reasonable doubt that this man has no respect for law.
    He likes to play with words. he called himself the “CEO” when everyone knew that he was the martial law administrator. Similarly, he called the Chief Justice, dysfunctional and appointed an acting chief justice who is now to try the lawful incumbent.
    There is no such term, in law as dysfunctional Chief Justice. It is in the twisted mind of our CEO.
    Article 209 of the constitution does not empower general Musharraf to make the Chief Justice of Pakistan, dysfunctional, simply because he refuses to toe the government’s line. There is no provision in this article, or anywhere else in the constitution, which empowers the president or the Supreme Judicial Council to suspend the Chief Justice, and therefore the appointment of the Acting Chief Justice is unlawful.
    After having declared, the Chief Justice, dysfunctional the government then confined him and his family in his residence, disconnected the phone lines withheld news papers is a travesty of justice and hopefully, the entire nation will rise up and confront this dictator General Musharraf.
    In the end I will ask Mr Bokhari one question does he now support the action of the government and was the action lawfulunder the constitution of Pakistan

  4. darvesh says:

    Dear Mr. Malik,

    Thank you very much for providing such thought provoking comments – and enlightening most of us with the history of such lawyers to which most of the readers didn’t know – calling people such as Mr. Bukhari a lawyer is shame for the profession. Mr. Bukhari should be held accountable for under the charges of contempt of court. Mr. Bukhari got trained under Mr. S.M.Zafar, who is a true professional as I have seen some of his cases and the way he has handled things is a class act – I don’t know where did Mr. Zafar go wrong in training Mr. Bukhari.

    Thanks indeed for your comments. Please keep visitng.

    Aasim

  5. mag says:

    i agree with the comments of mr. malik and i would also like to add that if the Honourable Chief Justice of Pakistan can’t get justice, then where the ordinary people go. Now this is the responsiblity of the Learned Senior Judges of the Supreme Court that they should stand with sacked justice mr. chaudhary. In my opinion, if all members of Supreme Court give their resignation in this protest, their honour will be high, so-called president of pakistan cannot give honour to anyone

  6. Sami Janjua says:

    It pains me to see the Chief Justice being so harshly treated by a constable of Islamabad police. Even the Chief Justice, the man who upholds the laws of a country, is not guaranteed the fundamental freedoms that every man, woman and child deserve. And not to rest at that, General Saab went four steps further and had the police (one of the most pathetic institutions in Pakistan) ransack news and media offices in Islamabad. So much for his higly talked about press freedoms. I only hope that the Chief Justice does hold his ground and once and for all settle it that the Judiciary can not be subdued by battalions and guns. Justice Iftikhar you are already at the gates of immortality, do not hold back, do not give in.
    Be an immortal.

  7. hakkim says:

    ADVOCATE NAEEM BOKHARI’S 2ND LETTER – TO THE CHAIRMAN CENTRAL BOARD OF REVENUE, ISLAMABAD.

    Update: I just read it. Please do read it in its entirety as it is the 2nd brilliant eye opening letter by the Advocate Naeem Bokhari, which might also have some unforeseen happenings attached to it. My comments follow the post.

    Mr. Abdullah Yousaf
    Chairman
    Central Board of Revenue
    Islamabad
    Pakistan

    Dear sir:
    I write this letter as an Officer of the Supreme Court of Pakistan; as an Advocate of the apex Court and the High Courts; as an Attorney who has paid more income tax from his earnings than many of my friends and colleagues, and as a patriot who has a stake in the dispensation of economic justice, intimately and vitally interested in the efficient functioning of Central Board of Revenue, Pakistan.

    Many Commissioners of Income Tax and Collectors of Customs know me for decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. As a true patriot and well wisher of the Country, I gave my sincere observations to Mr Iftikhar Muhammad Chaudhry, the former Chief Justice of Pakistan which proved beneficial for him as well as the Country and saved both from a bigger disaster. In same manner, I submit myself with these sincere facts towards the Central Board of Revenue as I also want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.
    I have seen Central Board of Revenue headed by Mueen-uddin Khan, Syed Mohsin Asad, Miyan Iqbal Fareed, Syed Riyaz Naqvi and Riyaz Malik and how the CBR functioned under them in the 1980s/1990s.
    I was appalled at the manner in which the Central Board of Revenue remained under the reins of mismanagement and corruption. I was horrified by the move of former Chairman CBR, Riyaz Malik, who got extended the serving contract periods of all the CBR Members hired from the private sector, on the pretext of Tax Reforms. This was clearly designed to block your posting as the Chairman CBR by getting extended his own tenure in the name of Tax Reforms. The accelerated issue of the notification transferring and posting you as the Chairman CBR put Riyaz Malik’s move to rest.
    I believed that you were vigorous, capable of lifting up the Central Board of Revenue, creating an espirit-de-corps among your officers, restoring the dignity and grandeur of the Central Board of Revenue, particularly considering the long tenure before you.
    Alas this has not come about!!!
    I am not perturbed by your strategy of single-outing yourself from the department you head through harsh and contemptuous attitude towards the staff and officers (despite my belief that it’s the mutual respect and morale boosting through providing a sense of belonging that would have improved the working of the CBR and raised its image in the eyes of everybody. Over reaction by blaming officers to be corrupt, superseding tens of officers on charges of corruption without any justification or even instancing a single case for the corruption and portraying yourself to be someone alien – on a different planet despite using all the benefits of that planet is just fluff, not the substance of an office).
    I am mildly amused at your desire to be present on every TV Channel by sacrificing already set important official meetings and engagements, disregarding the awaiting officers and staff. I am titillated by your being so close to the some selected ‘Business Community’ that a tax consultant, Mr. Shabbar Zaidi, a Chartered Accountant of A.F Fargusons claims that all his budget proposals have been incorporated and passed to make Law, without a single exception, since you took the office as the Chairman, CBR. It’s like asking India to devise a strategy to resolve Kashmir dispute, and then implementing that strategy in letter and spirit without pointing a finger on any point.
    I am not perturbed that Mr. Abdul Razzak has been appointed by you as Member Audit who does not even know the ABC of tax management and his only credit is that he is related to you and has the reputation of being someone with “magical hands” as he can get anything approved from you within no time overriding any concept of institutional jurisdiction. His career is said to have remained dependent on you as by using your authority in previous assignments/postings, you have always got him appointed on important positions for the reasons best known to you.
    My grievances and protests are different.
    I am perturbed that the Central Board of Revenue should issue a clarificatory statement on this behalf. I am perturbed that the Member Admn. should summon, Member HRM to his chambers on this account that how this illegal appointment was made by sacrificing merit and a huge remuneration is being paid whereas the audit is suspended for the last three years. Isn’t it a unnecessary and worthless burden on the national exchequer!!
    I am appalled that you are so intolerant to discussion and criticism that you can even sacrifice efficiency and integrity for that. It is an open secret that for this sole reason, the well reputed, honest and efficient grade 21 officer of Customs, Mr. Ramzan Bhatti was first removed from the post of Member Customs and posted as DG Internal Audit. Eventually, he was thrown out from the Revenue Division to the Law and Justice Division as he was not ‘behaving’ up to your ‘expectation level’.
    You are well known for your friendly gestures for the business community, but I am disturbed with the extent of these friendly relations which knows no bounds. Your closest business friend, Mr. Raja Zarat, known as Bawan Shah, is presently under prosecution in NAB custody and faces more than eight FIRs. It is an open secret that all important posting and transfers in the department used to be made with the consent of Bawan Shah. Mr. Azhar Majeed Khalid, a close associate of Bawan Shah, knew very well why Mr Afzal Bhaati, another competent and honest officer of Customs was made OSD and he was given the dual charge of CARE and Collector Appraisement Karachi. Now when people blame Mr. Azhar Majeed for giving his official ‘CARE Software Password’ to Bawan Shah, I only feel pity for the officer, as how could he ever say no!!. When Bawan Shah ruled the department through your good self and got his people posted on various places in the department, why those officers would not have given compliance to him. Bawan Shah during his rule, used to give open threats to the officers, of dire consequences and whole department saw it happen in real. Mrs. Rifat Abidi, a grade 20 officer, was first posted as Collector Audit, Sales Tax House, Karachi; who granted DTRE approvals to various companies of Bawan Shah in one day. After performing her this job in Sales Tax, she was moved to Port Qasim as Collector Customs to clear fake exports of Bawan Shah. Similarly, mis-declared imports in the name of DTRE through Appraisement Collectorate became a matter of routine. No officer in the department from Collector to Inspector could dare to open or check the import or export containers of Bwan Shah because of the fear of your good self sir.

    I am more perturbed with the fact that instead of feeling some kind of guilt, now you openly blame the department and the officers for their connivance with the Bawan Shah, as if you had nothing to do with it. You have recently dismissed a DC, Mr. Nasir Khan who was posted in the Sales Tax Refund Collectorate Karachi on your directions on the recommendation of Bawan Shah. In case the officer deserved dismissal, what the Chairman should deserve on whose directions the officer was posted in refund and was bound to accept the orders received from Bawan Shah!!

    Sir, NAB investigations have been initiated against 11 DCs of Customs and the total toll to be investigated comprises of 82 officers. All these officers are now being accused of helping Bawan Shah in one way or the other, for the reason that you had transferred them on key positions on the recommendation of Bawan Shah. It is more disturbing to know that this NAB investigation has been started on the recommendation of Central Board of Revenue. It seems the plan is to execute the weak in order to save the ‘strong real culprit’. When you are well aware that these officers were helpless and had no option but to comply with the orders of Bawan Shah, thanks to your close alliance with him, then at least you should be under a moral obligation to save these officials who were too weak to fly against the wind. They are not well connected like you. You can hush the NAB inquiry, still pending against you in capacity of Secretary Petroleum (which you remained for 6 long years), but these 82 people are not that lucky. They are not that resourceful to hush the NAB reference. Their families are frightened, their morale is at lowest ebb; all they wonder is what could they do and their dismay is that the same Chairman is now vocal against them who was mainly responsible for this mega tax fraud in the history of Central Board of Revenue.
    My grievances concern the manner in which the last and highest position of Central Board of Revenue is dispensing justice, under your leadership.
    Dear Sir, the dignity of officers is consistently being violated by you. They are treated harshly, rudely, brusquely and nastily. They are not heard. They are not allowed to present their case. There is little scope for difference of opinion. Mr Wahid Khursheed, an efficient Addition Collector was thrown out from the Central Board of Revenue when he expressed his personal opinion against your decision to post 22 Income Tax officers in the Customs/Sales Tax Wing. The words used in the department for Central Board of Revenue under your leadership are “The Mad House”, where no one knows who has to do what. There exists an Audit Wing, whose Member is drawing huge salary, whereas the audit is suspended since 2004. Then there is Customs Intelligence which is performing the job of Audit Wing. Sales Tax Wing does not know what is the dividing jurisdiction line between the Audit Wing, Intelligence Wing and Evaluation & Internal Audit Wing. Previously, you had handed over the Administration to HRM Wing, now again the Admn. Wing is separate. There is chaos everywhere. The officers are cowed down by aggression from the Board, led by you. All they receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing: “This is rubbish”.
    Yet this aggression is not for everyone. When Mr. Imtiyaz Dev, an Additional Collector related to Chaudary Shujaat appears, your worthy demeanour and appearance is not just sugar and honey. You cannot tolerate corruption, but for him you rang up Mr. Rashid Ahmed, Collector Refund Karachi to ‘evenly’ distribute the charges and give him “important” assignment. The Collector accordingly called the Additional Collector in his office and gave him the charge of his choice. Two times Mr. Imtiyaz Dev was transferred from the Refund Collectorate to the Directrate of Customs Valuation on consistent complaints of corruption, but on your directions, the transfers were cancelled which is on record. You misused your authority to favour him for reasons unknown to many, but not all! Presently, the officer is enjoying ex-Pakistan leave after reaping the benefits of “important” assignment given to him on your direction. It is only an instance to reflect double standards employed by you while administering Central Board of Revenue and its field departments. Apart from violating the dignity of officers, which the Constitution commands to be inviolable, the officers suffer discrimination at your hands.
    I am not only raising the issue of verbal onslaughts and threats to officers, transfers on the basis of personal likes and dislikes and nepotism, demoralizing the officers by superseding them without any reason or justification, and reminding them time and again that “This is the new Central Board of Revenue”.
    The way in which worthy Chairman manages CBR is not conducive to the process of justice and efficient functioning. In fact, it obstructs due process and constitutes mishandling of the prime institution responsible for the smooth sailing of national economy.
    I am pained at the way official bribe has been given to the business community in your tenure. In the name of facilitation, sweeping measures have been taken to unduly favour the ‘selected’ business community. We must call it official bribe which the tax payers have received from the tax collectors for the first time in the history of this country under your Chairmanship. The moto is ‘deposit tax or take refund on your choice and don’t worry there will be no audit or check of any knid’. Since your coming into office, they have been granted excessive liberty to evade as much tax as they can and they are doing so tirelessly. If you consider CBR is achieving revenue targets because of your measures, it would only be a wishful thinking. It’s the direct outcome of economic boom due to the flow of foreign capital in the form of increased remittances, foreign loans and aids plus the impact of inflation and devaluation of rupee. Due to your over exaggerated facilitation measures; the Income Tax department has become totally toothless and ineffective. Self-assessment and annual audit go hand in hand in any tax system through out the world. In case of Pakistan, self-assessment has been introduced in Income Tax, Sales Tax and recently in Customs, but audit has been suspended. Various tax frauds, especially in case of refunds are the direct outcome of your this measure. It was your sole decision to suspend the audit in 2004, when the whole department was not in favour of it. 3 years later, today, you can analyse the wisdom behind those arguments which you had turned down at that time. On one hand audit was suspended and on the other, strict instructions were passed to field departments to dispose of refunds on priority. The combined effect came in the form of a number of tax frauds – top of it the biggest refund scandal of your friend – The Bawan Shah Group of Companies. Everyone knows your relationship with Bawan Shah. Your stays at his residence whenever you visited Karachi and the inauguration of his Shifa Eye Hospital Karachi are the memories still fresh in the minds of many.
    Presently more than 72 refund cases are being investigated in NAB, more than 50 in Customs Intelligence and around 40 in the Directorate of Internal Audit – all thanks to your policies pursued for the last more than 3 years.

    I am further pained by the credit you claim for automating the Central Board of Revenue, whereas it is well known what STARR and CARE soft-wares have played havoc with the department. Due to STARR, illegal refunds worth billion of rupees were paid unduly and due to CARE, thousands of containers were cleared without charging any customs duty thus giving tax loss of billions of rupees. In the face of it when you claim to have done miracles within the tax administration, this is referred to as a “Media Circus” in the department.
    Sir, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your close collegues feel and say about you.
    Dear Sir, before a final call arises from the upper echelons of state (as in the case of former Chief Justice of Supreme Court, Mr Iftikhar Muhammad Chaudhry), before the field formations stand up collectively and before the entire matter is placed before the Chief Executive, there may be time to change and make amends.
    I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to country’s Central Board of Revenue.
    Dear Sir, we all live in the womb of time and are judged, both by the present and by history. The judgment about you, being rendered in the present, is adverse in the extreme.
    Yours faithfully,
    NAEEM BOKHARI
    Advocate
    Supreme Court of
    Pakistan
    Islamabad, Pakistan

    COMMENTS:

    Mr. Abdullah Yusaf, by-passing rules and regulations, recently got himself inducted into Secretaiat Group of Civil Servants and acquired back dated promotion in grade 22 from 1998, which has made him the most senior bureaucrat and federal secretary in Pakistan. Presently he is not secretary, but secretary general of Revenue Division. His comparison with ex-Chief Justice, places him on a higher level in terms of excesses and mis-use of official authority. The main Charge against Mr. Ch. Iftekhar is mis-use of authority to induct his son into police. The list at the credit of Mr. Abdullah Yusaf is long. A chartered accountant by profession, first he got himself inducted in the Government as Director Utility Stores, when he was conducting its audit. This is how he entered in government service from back door to a higher position.Very shortlt, he got M-I scale and enjoyed important postings as federal secretary. He remained Secretary Petroleum for 6 long years and then become Chiraman CBR. Induction into SG and then back dated promotion from 1998, all show the mis-use of official authority. If Chief Justice is not spared for using his position to favour his son, lets see what the Government does to cater for the excess done by the Chairman CBR. Chiarman PIA, Mr. Kirmani, was wise to resign himself before any call of conscience from the Naeem Bokhari. Good luck Naeem Bokhari.

  8. pertirbed says:

    It indeed is an eye opener to see how government functionaries can so easily take the mickey out of the people and get away with it for so many years as is the case with our illustrious CBR chairman………….well all I can say is good luck with this one General Pervez Musharraf. Good work Mr Bukhari or who ever it is who wrote this letter. btw Mr Yousaf our chairman CBR is very nearly and dearly connected to Mr Musharraf and a few others too.

  9. pertirbed says:

    The 2nd letter by Naeem bukhari seems to be written by some one within the CBR who knows things and is letting the cat out of the bagunder a fictitious name. A lot goes on in the background in these organisations than what appears to be known. Question is ….Will this letter also be subject to the same scrutiny / attention by the karta dhartas in power as was the case with the previous letter ???????????because definately the accusations here are definately of a more severe nature and some of these accusations are common knowledge. Also will this lead to further letters apearing from other departments in Mr bukhari’s name highlighting othe aspects of the dark side of the force.
    I give full credit to Mr Bukhari for bringing to the fore front somthing which was under the carpet. No matter what the outcome of the recent events and no matter how you look at it …eventually it will be the People of Pakistan who will benefit from these letters. Actually we need more letters from Mr Bukhari

  10. pertirbed says:

    VC FPCCI sales tax body

    By our correspondent

    KARACHI: Chairman Federation of Pakistan Chambers of Commerce and Industry (FPCCI), Chaudhry Mohammad Saeed has nominated Raja Mohammad Zaraat as Vice Chairman on FPCCI standing committee on sales tax for the term 2005-06. Raja Zaraat is the chairman of Bawan Shah Group of Companies and an expert of tax and customs related issues.

    comment: Mr zarrat (qoute:an expert of tax and customs related issues) is the same gentleman qouted in the 2nd letter written by Mr Bukhari. I rest my case

  11. darvesh says:

    interesting. The only person in CBR, I knew was Mr. Moin ud Din Khan son of Nizam ud Din Khan – He was picked from United States and was asked to serve for the country but when he started to workout things, government didn’t like it – as at that time industrialists were the men in-charge. Later on Mr. Moin ud Din Khan resigned and a year or later he died of heart attack. I knew him cause his late father Mr Nizam ud Din khan was friend of my father – they at one time owned more than 200 acres of rich-agri land in chak 103 GB of Jaranwala, Faisalabad – I guess they have sold almost all of it for nothing – anyways, that is not directly related to the things.

  12. OI says:

    what do you mean by they have sold almost all of it for nothing?

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  14. Hamdard says:

    I am a witness of one bribe passed on by Raja Zarat to the CBR Chairman Abdullah Yousaf. Actually Mrs. Abdullah Yousaf ‘wished’ for an expensive model of an imported refrigerator in the presence of Raja Muhammad Zarat, who deemed it binding upon him to right away order his brother-in-law; Mr. Farooq (also a customs department operative) to book the model right away and deliver it to Mr. Yousaf’s house in Islamabad at Raja Zarat’s expense…

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