In another major reversal for General Musharraf, the Supeme Court, on Friday, ordered the release, on bail, of his arch critic Makhdoom Javed Hashmi, MP and prominent leader of the Nawaz Sharif faction of the Pakistan Muslim League (PML-N), currently serving a jail term on charge of inciting army to revolt.

The SC Bench presided over by Chief Justice Iftikhar Mohammad Chaudhry ruled that Hashmi had spent more than half of his sentence and was entitled to release on bail. It further noted that the appellate court had failed to hold even one hearing in the review petition filed by Hashmi against his conviction by a Sessions Judge four years ago.

Hashmi, an outspoken critic of Musharraf and army's involvement in politics, was arrested in September 2003 on charge of distributing at a news conference in Parliament’s cafetaria copies of an unsigned letter purported to have been written by serving army officers. The letter criticised Musharraf for involving the army in adventurous operations, including Kargil and in North Waziristan, which led to death of hundreds of Pakistani troops. The letter demanded a judicial probe into the 1999 Kargil operation.

Hashmi was tried in a Sessions court and sentenced on October 29, 2003 to 23 years of cumulative prison term on six counts, including provoking mutiny, anti-state activities and inciting violence. The higher courts admitted his review and bail petitions but never held even one hearing The Speaker of the National Assembly also stonewalled vigorous attempts by the opposition to secure Hashmi's production order in keeping with assembly's rules and traditions in order to allow him participate in its proceedings. The Speaker contended that Hashmi had been convicted of mutiny.

The SC release order came amidst the new atmosphere of judicial independence in the wake of a remarkable popular movement spearheaded by lawyers and court's historic judgement on July 20 reinstating the suspended Chief Justice and quashing presidential reference. The high profile case had become another test of judiciary's independence from army's pressures and Friday's ruling was interpreted as sign of loosening of army's stranglehold on state institutions. International human rights organisations had declared Hashmi as prisoner of conscience and made several appeals for his release.

But Hashmi's counsel Akram Shaikh talking to reporters said the SC ruling was purely based on merit and not the result of judicial activism. "My client has received justice that had been denied to him all these years.”

The court rejected prosecutor's argument that Hashmi could not be granted bail because he was accused of anti-state activities. Judge Faqir Hussain Khokhar pointed out that Hashmi had been convicted by a Sessions Judge while the offence required trial in a special court.

The court also noted defence counsel's contention that the jail authorities had not extended to Hashmi periodic remissions announced by the government on national days and other occasions. Had these remissions been applied, Hashmi would have had normally served his entire sentence by now.

The three-member Supreme Court Bench headed by the Chief Justice Iftikhar Muhammad Chaudhry included Justice Rana Bhagwan Das and Justice Faqir Muhammad Khokhar.

Hundreds of PML-N activists and others had gathered in the court to hear the judgement. Hashmi is in Camp Jail Lahore. His lawyers said his release would take one more day because of procedural delay.

President Pervez Musharraf is eligible to contest the presidential election in uniform and the Supreme Court (SC) will be no hurdle to his retaining the two offices, minister for parliamentary affairs Sher Afgan Niazi has said.

Talking to reporters Afgan said the SC had already given Gen Musharraf permission to remain army chief and President in 2005. He was confident that the SC would not give an "adverse decision" on MMA president Qazi Hussain Ahmed's petition challenging the President's position as chief of army staff.

Referring to the SC's decision of April 13, 2005, Niazi said Justice Chaudhry had also supported Musharraf's holding two offices, as he was part of the larger Bench which had decided that the President could hold two offices. Niazi was the only cabinet minister to publicly speak against the filing of a presidential reference against Chief Justice Iftikhar Muhammad Chaudhry, and was among the first to congratulate the Chief Justice on his reinstatement on July 20.

Attorney General Qayyum Malik has also supported the view that the two-year disqualification from contesting election for being army chief in the service of the Government of Pakistan does not apply to President Musharraf. He said it is correct that the article pertaining to qualifications for members of Nation Assembly also mentions the President saying he should fulfil the qualification of an MP to be President, another article listing disqualifications for the President does not contain any provision to put a bar on his candidature.

However, eminent jurist, Abid Hasan Manto differed with Malik during a discussion on a TV channel. He said the qualification in itself embodies disqualification. No government servant can become a member of the National Assembly or President until the expiry of two years after his retirement.

Official sources say Musharraf is very concerned about the possible court attitude on the constitutional challenge to his candidature for the office while continuing as army chief. The judiciary is increasingly demonstrating greater independence and activism since the landmark judgement in favour of the Chief Justice. For this reason, he is approaching PPP chairperson Benazir Bhutto and JUI chief Maulana Fazlur Rehman for help to amend the Constitution in order to remove hurdles.

Manto contended that even Parliament cannot remove the two-year ban for him for two reasons: First, it will be an individual- specific law to benefit one man that is against the spirit of the Constitution. Secon, it will seek a structural change in vital features of the Constitution which Parliament cannot make.

Beijing, August 3
Hundreds of Indians studying medicine in China will be affected by the government’s recent revamp of its medical education sector which will limit the number of colleges which can offer courses in English to foreigners to just 30.

Concerned by complaints, China's Ministry of Education (MoE) this week promised to improve the standard of its bachelor degree courses in medicine that universities offer to foreign students.

Some Chinese medical colleges, without having competent faculty, had rushed to offer degree programmes in English to foreign students, mostly Indians, at much cheaper fees.

However, the standard of teaching is low and there were widespread complaints from Indian students.

"Some colleges have only expanded the enrolment of foreign students for their own economic benefits without improving their teaching methods, and some have even lowered the requirements for acceptance onto the courses and never check the candidates' competence in English," the MoE said in a statement.

"This kind of behaviour has damaged the reputation of China's higher education establishments and should be controlled," the statement said.

Indian embassy sources welcomed the MoE decision saying it had taken note of India's concerns and hoped that the quality of medical education would improve.

While there is no clear estimate on the number of Indian students undergoing medical studies in China, sources say the number could run into thousands, spread over some 50 institutions. — PTI

THE Nepal government has made the much-awaited Rayamajhi Commission report public by presenting it in the interim parliament.

The 1,400-page long report prepared by a high-level probe commission under former Supreme Court judge Krishna Jung Rayamajhi on widespread human rights abuses and the misuse of state coffer to suppress April 2006 uprising has recommended legal action against 201 persons.

Despite criticism and demands from several quarters, the government had delayed in making the report, which was submitted to Prime Minister Girija Prasad Koirala in November 2006, public.

A meeting of the council of ministers held at the Prime Minister’s office on Wednesday had decided to table the report in parliament.

The report, however, does not clearly recommend any action against King Gyanendra, who was responsible for killing around 24 people during the 19-day long nationwide people’s movement in April 2006, before relinquishing executive power to the people.

Out of 297 persons quizzed by the commission, 96 have been given clean chit.

The commission has recommended action against 34 members of the royal cabinet, five zonal administrators and 13 zonal administrators by formulating necessary laws.

The commission has also recommend action against Nepal army personnel except the then Chief of Army Staff as per the provision of Army Act, 2016. It has also suggested the government to formulate necessary laws to take action against former army Chief Pyar Jung Thapa among others.

Similarly, it has recommended action against 22 civil servants and 25 army personnel, 70 Nepal Police personnel and 20 armed police personnel.

The commission has recommended departmental action against incumbent Chief of Army Staff Rookmangud Katawal, Chief of Armed Police Force Basudev Oli and former chief of National Investigation Department, Devi Ram Sharma. 

Jennifer Danielle was born at 10:01 a.m. at a hospital in Rogers, Arkansas, Jim Bob and Michelle Duggar said in an interview.

“We’d love to have more,” Michelle said, referring to the baby girls. “We love the ruffles and lace.”

Jennifer joins the fast-growing Duggar brood, who lives in a 650- sq m home in Tontitown. All children whose names start with the letter J are taught at home.

The oldest is 19 and the youngest, before Jennifer, is almost two-year-old.

“We are just so grateful to God for another gift from him,” said Jim, a former state representative. “We are just so thankful to him that everything went just very well.”

The Duggars have been featured on several programmes on the cable television's Discovery Health Network. The next special, the Duggar Family Album, is scheduled to be aired the next month, Jim said. — AP