A three-judge bench of the Supreme Court Thursday reserved judgement in the high profile case for review of former premier Nawaz Sharif's conviction and disqualification in 2000 on charge of ordering hijacking of the PIA plane carrying the then army chief Gen. Musharraf on the fateful day on October 12, 1999 that culminated in his overthrow.

While Nawaz Sharif has sought court ruling overthrowing his conviction, the Sindh government sprang a surprise by opposing his petition. He said the court had duly convicted Sharif on the basis of evidence and that a presidential pardon later did not mean the conviction has been set aside.

Earlier last week the provincial advocate general (AG) stunned Sharif's Pakistan Muslim League (PML-N) by producing the alleged document in which Sharif was supposed to have sought presidential pardon. The court declined to admit the document. The AG withdrew from the case under provincial government's directive after PML-N lodged strong protest with the Prime Minister accusing the Sindh government of trying to undermine Sharif's image.

Judges today also asked pertinent questions during the concluding arguments for evidence that Sharif's orders to divert the plane from Karachi actually amounted to hijacking that carries death sentence.

Justice Tasaddaq Jilani who presides over the bench said hijacking of a place entails four elements: i) use of force, (ii) threat to use force, (iii) taking control of the plane and iii) overpowering the pilot to do hijacker's bidding.

Jilani observed that there is statement by an approver that Sharif directed diverting the plane from Karachi to Nawabshah which he could do as prime minister but never asked for hijacking it. Another judge Justice Hakim Ali remarked that there is no evidence that Sharif had any control over the plane.

Sharif's counsel Khawaja Haris said it was Gen. Musharraf who had gone to the pilot and asked him not to land the plane on any airport until his loyal generals had taken control of the Karachi airport.

Continuing his arguments for the second day, Sindh Prosecutor-General Shahadat Awan maintained that Nawaz Sharif was rightly convicted by the trial court; thus, his appeal was liable to be dismissed. He contended the petition was time-barred, as according to the Supreme Court rules, an appeal had to be filed before a proper forum after the announcement of the judgement within a month.

The prosecutor-general, however, said the petition could be condoned if the court was satisfied with the cause of delay in filing the appeal.“The petitioner was forced into exile and not allowed to come back to his country; don’t you think that this is a good reason for the condonation of the appeal,” Justice Nasirul Mulk observed.

“It’s surprising that Gen Pervez Musharraf’s statement is not available in the record of plane hijacking conspiracy case,” Justice Nasirul Mulk remarked.

In order to avoid possible tussle between the President Dr Ram Baran Yadav and Prime Minister Madhav Kumar Nepal, the newly formed cabinet on Thursday upheld Yadav’s decision to retain the sacked Chief of Army Staff Rookmangud Katawal to his post.

Emerging from the cabinet meeting held at Prime Minister’s office, Minister for Information and Communication Shakar Pokharel said: “Today’s meeting decided to revoke the erstwhile government’s decision to sack the Chief of Army Staff Rookmangud Katawal.”

It has also nullified the controversial decision taken by the Unified Communist Party of Nepal – Maoists (UCPN-M)-led government to replace Katawal appointing No. 2 in the army, Lt. Gen Kul Bahadur Khadka, as the acting chief of army.

The government’s move has clear the deck for the army headquarters to give graceful retirement to the Lt Gen Khadka from his post from June 20 because 
of his age.

After receiving pressure from the party rank and files, including the commanders of the Maoists combatants, the then Prime Minister and UCPN-M chairman Prachanda’s cabinet on May 3 had sacked Katawal unilaterally and appointed Khadka as acting chief.

President Yadav, however, had issued directives in the name of government and army headquarters to allow Katawal who is going to take retirement from his job on September 25 because of his age to continue his service.

As a result it had invited serious political and constitutional tussle between the President and the then government that finally forced the Maoist chairman Dahal to step down on May 4.

The meeting has also annulled the May 4 Cabinet decision where the Dahal-led Cabinet’s last meeting had dubbed the President’s move to retain sacked army chief Katawal was “constitutional coup” and asked the President Yadav to correct his unconstitutional move to uphold the civilian supremacy.

However, Yadav had refused to do so saying that whatever he had done was based on good faith and it was his responsibility to protect the constitution as head of the state and avoid possible rift within the national army as its patron.

Instead, Yadav had repeatedly urged the newly elected Prime Minister Madhav Kumar Nepal to revoke the Maoists-led government’s decision sooner than later. 

Islamabad, June 18
US Predator drones today struck Taliban stronghold of Waziristan in Pakistan’s troubled northwest killing nine militants, including five foreigners in continuing Army sweep in the adjacent Swat area 34 terrorist were killed bringing the total toll to 43.

Nearly 100 suspected Taliban fighters were arrested today in operations launched by Pakistan security forces to flush out the terrorists from the restive region.

American drones fired four missiles hitting a Taliban training centre run by top commander Malang Wazir, close to the villages of Gharmalai and Nandaran, near the main city of Wana killing nine terrorists, TV channels quoted top local officials as saying.

The American drone attack—the second in last three days—came as Pakistani Army continued to mass troops and armour for an offensive targeted against Tehrik-e-Taliban chief Baitullah Mehsud, expected to be unleashed any time.

Among those killed were four Taliban fighters and five foreigners, two Arabs and three from Turkmenistan. But it was not immediately known whether Malang who is a key Taliban commander was among the victims.

Troops fought gun battles with Taliban fighters during “consolidation operations” in Swat and nearby areas which the army earlier said had been cleared of militants. — PTI

London, June 18
Pakistan has imposed a blockade on the mountain stronghold of Taliban commander Baitullah Mehsud, in an effort to turn tribesmen against him and encourage civilians to flee the area before a planned ground offensive, a media report said today.

Quoting local intelligence official, The Times said the army had blocked all three main roads leading to Mehsud's territory in South Waziristan and allowed only civilians to leave the area.

According to the report, authorities are also arresting dozens of Mehsud tribesmen and shutting down the businesses of others on the fringes of South Waziristan, considered the hiding place of Osama bin Laden, under a draconian "collective responsibility" law of the British colonial era.

Britain imposed the Frontier Crimes Regulations (FCR) in 1901 in an effort to control the local Pashtun tribes, whose strict honour code obliges them to give sanctuary to anyone who requests it, including since 2001, many Afghan Taliban and Al-Qaida leaders.

Under the regulations, still in force in Pakistan's tribal areas, the government can punish an entire tribe that refuses to hand over a wanted person by detaining its members, fining them and confiscating or destroying their property. — PTI

London, June 18 
An Indian-origin university student who threatened people on the streets of Leicester with an AK-47 rifle in a drunken state, has been sentenced to 20 weeks in jail and 12 months of supervision.

Jagjeet Singh Bains, 23, was a third-year student of graphic design at De Montfort University when he went on to the streets wielding the weapon while drunk. The incident occurred at 6 am on February 5. 

He threatened to shoot pedestrians and pointed the gun at cars, while standing in the middle of the road. — PTI