The evil nexus of Sharif brothers and judges

A 42-page-long tape recording of a telephonic conversation, released now by the PPP leadership, leads you to draw at least one conclusion: all notions of justice, fair play, rule of law, and supremacy of the judiciary, which the Sharif brothers

repeat like a mantra these days, is just a smoke-screen, hardly matching with their conduct when they were at the helm of affairs with most judges at their beck and them calling the judges to keep Asif Ali Zardari behind bars in corruption cases, fake or otherwise. The second impression one gathers after going through the transcript of the tapes is the insecurity and greed of the judges of the Lahore High Court, especially then justice Maik Muhammad Qayyum (1998 to 2001) and then chief justice of the Lahore High Court Rashid Aziz Khan (1997 to 2000) and their respective families ever ready to be at the Sharifs' disposal no matter at what cost, at times seeking mercy for carrying out their orders on time though in the process they also suffered many a sleepless nights. A division bench of the Lahore High Court, comprising justice Malik Muhammad Qayyum and justice Syed Najamul Hassan Kazmi, was hearing Ehtesab Reference No 30/98 and No 26 of 1998 against Zardari and Qayyum being head of the LHC bench was in troubled waters fearing pressure of the Sharifs.

Nawaz Sharif being the prime minister and therefore caring least for court procedures wanted a speedy and the hardest punishment for Asif Ali Zardari in the corruption cases and a delay in punishment was disturbing him (Nawaz). The phone recording brings to light the helplessness and wickedness of Justice Qayyum and then LHC chief justice Khan as they, unlike judges, acted like ordinary clerks and petty servants in the face of dictates and orders coming from the Sharif government. One day, then federal law minister Khalid Anwar called Justice Qayyum and said "someone on the top [Nawaz Sharif] is very unhappy with a delay in the decision of the cases against Zardari". "He (Nawaz) is complaining that nothing is being done in the case and asking why has it not been concluded?" the minister said referring to Nawaz's annoyance. The minister asked Justice Qayyum to decide the case next Monday and the judge assured him that it would be done per his desire. Qayyum mentioned that "the problem is that he will have to give time to the defence counsel to argue the case as without it, they (Benazir and her counsels) will make an issue out of it and it may be dangerous for us all." The minister said "complete it in two weeks and start hearing it on a day-to-day basis, to which Qayyum said, "Sir I am at your disposal." Later, Senator Qayyum telephoned Justice Qayyum and says, "I have checked. Nothing has happened in the case and the hearing hasn't taken place yet. You are delaying the matter." Qayyum begs pardons. A day later, Justice Qayyum calls home and tells his wife, Rukhsana, that "things have gone worse". They have said remove him (Qayyum) and he wife asked him who said this? He says chief justice Rashid Aziz was called and told (by Prime Minister Nawaz Sharif). Why? His wife asks. Qayyum tells her that "they (Nawaz Sharif and Shahbaz Sharif) say that he has changed his loyalty". Later, in another conversation Qayyum's wife calls MNA Malik Pervaiz (Justice Qayyum's brother) and tells him that the chief justice was called by Nawaz Sharif and asked him to remove Qayyum because due to delay in the judgement "they think he is in connivance with the other party, Benazir and Asif Zardari". She also tells Pervaiz that "this afternoon being disturbed by the situation, Qayyum fell in the bathroom and hurt his arm". Qayyum, while talking to his brother, Pervaiz says "Senator Saifur Rehamn called me and said Nawaz Sharif is angry with me and was inquiring why it has not been done today (the date of hearing of the Zardari case)."

Pervaiz says, "I will handle it but Qayyum replies, "He (Nawaz Sharif) just gets angry for nothing." Then chief justice Rashid Aziz phones Qayyum and says that "today Nawaz Sharif personally called me and asked me to advise you". Rashid tell him to announce the order in the case early otherwise "he (Nawaz) is going to issue death warrants for both of us". Qayyum assures him that "I will announce a short order tomorrow". Rashid says "he (Nawaz Sharif) cannot sleep at night". Then Senator Saif calls Qayyum and tells him that Nawaz wants a "full dose of punishment for Zardari that is seven years in the corruption reference". Qayyum says, "I will give five years, otherwise it will become an issue." Saif makes another request to Qayyum saying, "How will you their Swiss accounts which are twenty or twenty-two their London accounts which are ceased and other properties so that this money cannot transferred?" Qayyum suggests that "for confiscation of properties better give additional application as it is required and we will grant a court order". About delay he asks "how much time will you give to Zardari's counsel Pirzada. Qayyum says "just one day otherwise they will make a hue and cry". The judge says "Do not worry it (order) is already prepared in written on advice of chief justice Rashid". Both laugh. Next day Saif says to Qayyum that "I want to clarify whether this judgement covers the inherited properties or not" to which Qayyum assures him that "Total is to be done. Nothing is to be left." Next day, Justice Qayyum and Justice Kazmi announce the short order on April 27, 1998 with five years in jail for Zardari and confiscation of all moveable and immoveable property inherited or otherwise and then phone calls congratulating him start. Then CM Shahbaz Sharif calls Qayyum and Qayyum says "Sir." Shahbaz Sharif says, "I had requested you to do something." "Sir, I finished that," Qayyum says, referring to the Zardari case. In response, Shahbaz says "thank you very much but I also asked about matter regarding Ch Sarwar. The CM says, "My elder brother has asked me to tell you that MNA Ch Sarwar should be favoured in disqualification case." "So you want Ch Sarwar to be looked after?" Qayyum asks for clarity and Shahbaz say "Yes, Yes." Qayyum assures the CM that it is all right. It will be done per Mian Sahib's (PM Nawaz) desire. Then came carrots, the order with regards to freezing of properties and assets of Zardari and Benazir was passed on April 27, 1998 while on April 30, 1998, prime minister Nawaz Sharif approved the grant of diplomatic passports to Judge Qayyum and his wife ignoring the formidable objection raised by the Ministry of Foreign Affairs that judges could not be issued diplomatic passports.