Tuesday, January 31, 2012
Monday, January 30, 2012
Sunday, January 29, 2012
Friday, January 27, 2012
Thursday, January 26, 2012
Tuesday, January 24, 2012
Saturday, January 21, 2012
Friday, January 20, 2012
Thursday, January 19, 2012
CSR:Corporate Social Responsibility
Few years back when everything was going good for Pakistan ,economy was stable ,IMF and the world Bank was happy,US aid was flowing in for every sector.Friendly countries were eager to help or be seen helping.The corporate sector of Pakistan which is mostly multi-national or foreign based was squeezing the lemon to the fullest and enjoying the lemonade.They were happy and their marketing departments were busy in promotional schemes to attract more and more buyers for their products or services.Schemes and campaigns to give out something extra as gifts and souvenirs was very common mostly targeting the young ones.For the smart or older customers they used the price cuts and discounts benefits to keep the brand loyalty intact.The famous brand of soda Coke gave out free glasses through crown caps,Pepsi used to give out cricket kits and other sports stuff...which was very popular it boosted the sales of their product in karachi and most urban population of Pakistan.The everyday tea whitener handed out special mugs for valentine and things like that.The funfare continued all year round and especially on occasions like pakistan day ,new years,ramadan,school vacations etc..
One day i was watching my favorite morning show on television and i heard and learned about CSR or the Corporate Social Responsibility.At that time i was not aware of how badly the global recession could hurt the Pakistani Corporate sector in particular and the economy in general.
Honestly i believe that the pressure to do more and to take the responsibility has changed the rules of the corporate game in Pakistan altogether.
As a consumer and a client i have always prefered the interaction the big multinational company have with me in form of marketing strategies.The moment i enter a shop and choose a product from a dozen different brands or declines a salespersons offer to buy the same product of a different brand,i feel connected.The three seconds of joy when i find a free sachet of shampoo with an extra-large bottle of shampoo give me the pleasure that somebody in the corporate world is thinking about me and me only while it boosts the confidence of the company that i will come again.To me that was responsible behavior almost like a relation.Its been like that for decades.
Now somebody changed the rules of the brand wars by introducing the CSR in Pakistan's Corporate sector.I am not saying that its right or wrong,good or bad because deep down inside a part of me keeps reminding me that its not good to be so selfish and just think about me and my joys.I have to let them think of others for a change.I have to let them take some of the responsibility of the social change in Pakistan.Especially the issues like Education,Health and the welfare of the poor and underprivileged.Normally in a welfare state it is the responsibility of the local and state governments and the elected representatives and bodies.Unfortunately Pakistan is a failed state both politically and socially for reasons beyond anybody's control and the time is running out.We see new born and very young children on the streets ,homeless,beggars and garbage pickers.in every big and small city and town of Pakistan they are Pakistani's too and above all they are Human beings for crying out loud.
So now when i see the commerical of a product or service i intend to use or walk in a shop or super market i should decide on the basis of the CSR rating of that brand owner.
One day i was watching my favorite morning show on television and i heard and learned about CSR or the Corporate Social Responsibility.At that time i was not aware of how badly the global recession could hurt the Pakistani Corporate sector in particular and the economy in general.
Honestly i believe that the pressure to do more and to take the responsibility has changed the rules of the corporate game in Pakistan altogether.
As a consumer and a client i have always prefered the interaction the big multinational company have with me in form of marketing strategies.The moment i enter a shop and choose a product from a dozen different brands or declines a salespersons offer to buy the same product of a different brand,i feel connected.The three seconds of joy when i find a free sachet of shampoo with an extra-large bottle of shampoo give me the pleasure that somebody in the corporate world is thinking about me and me only while it boosts the confidence of the company that i will come again.To me that was responsible behavior almost like a relation.Its been like that for decades.
Now somebody changed the rules of the brand wars by introducing the CSR in Pakistan's Corporate sector.I am not saying that its right or wrong,good or bad because deep down inside a part of me keeps reminding me that its not good to be so selfish and just think about me and my joys.I have to let them think of others for a change.I have to let them take some of the responsibility of the social change in Pakistan.Especially the issues like Education,Health and the welfare of the poor and underprivileged.Normally in a welfare state it is the responsibility of the local and state governments and the elected representatives and bodies.Unfortunately Pakistan is a failed state both politically and socially for reasons beyond anybody's control and the time is running out.We see new born and very young children on the streets ,homeless,beggars and garbage pickers.in every big and small city and town of Pakistan they are Pakistani's too and above all they are Human beings for crying out loud.
So now when i see the commerical of a product or service i intend to use or walk in a shop or super market i should decide on the basis of the CSR rating of that brand owner.
Wednesday, January 18, 2012
Contempt of Court Ordinance, 1998
Contempt of Court Ordinance, 1998
Ordinance X of 1998
An ordinance to regulate the exercise of the powers of courts to punish for contempt of court
WHEREAS clause (3) of Article 204 of the Constitution of the Islamic Republic of Pakistan provides that the exercise of the power conferred on courts to punish for contempt may be regulated by laws:
AND WHEREAS the National Assembly is not in session and the president is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance:-
- 1.
- Short title and commencement.-
- (1)
- This Ordinance may be called the Contempt of Court Ordinance, 1998.
- (2)
- It extends to the whole of Pakistan.
- (3)
- It shall come into force at once.
- 2.
- Definition.-
In this Ordinance,-
- (a)
- 'Academic critique' means an article written by a lawyer or a person holding an academic post containing an analysis of a judgment on the basis of legal criteria or desiderata;
- (b)
- 'Civil contempt' means the wilful flouting or disregard of -
- (i)
- an order, whether interim or final, a judgment or decree of a court;
- (ii)
- a writ or order issued by a court in the exercise of its constitutional jurisdiction;
- (iii)
- an undertaking given to, and recorded by, a court; (iv) the process of a court;
- (c)
- 'Criminal contempt' means the doing of any act with intent to, or having the effect of, obstructing the administration of justice;
- (d)
- 'Judicial contempt' means the scandalisation of a court and includes personalised criticism of a judge while holding office;
- (e)
- 'Notice' means a notice other than a show-cause notice issued by a court;
- (f)
- 'Pending proceedings' means proceedings which have been instituted in a court of law until finally decided after exhausting all appeals, revisions or reviews provided by law or until the period of limitation therefore has expired; provided that the pendency of an execution application shall not detract form the finality of the proceedings.
- (g)
- 'Personalised criticism' means a criticism of a judge or a judgment in which improper motives are imputed; and
- (h)
- 'Superior court' means the Supreme Court or a High Court.
- 3.
- Jurisdiction.-
- (1)
- Every superior court shall have the power to punish a contempt committed in relation to it.
- (2)
- Subject to sub-section (3), every High Court shall have the power to punish a contempt committed in relation to any court subordinate to it.
- (3)
- No High Court shall proceed in cases in which an alleged contempt is punishable by a subordinate court under the Pakistan Penal Code (Act No. XLV of 1860).
- 4.
- Punishment.-
- (1)
- Subject to sub-section(2), any person who commits contempt of court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to one hundred thousand rupees, or with both.
- (2)
- A person accused of having committed contempt of court may, at any stage, submit an apology and the court, it satisfied that it is bona fide, may discharge him or remit his sentence. Explanation.- The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bona fides of an apology.
- (3)
- In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.
- (4)
- Notwithstanding anything contained in any judgment, no court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with sub-section (1).
- 5.
- Criminal contempt when committed.-
- (1)
- A criminal contempt shall be deemed to have been committed if a person-
- (a)
- attempts to influence a witness, or proposed witness, either by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceeding;
- (b)
- offers an improper inducement, or attempts to intimidate a judge, in order to secure a favorable verdict in any legal proceedings;
- (c)
- commits any other act with intent to divert the course of justice;
- (2)
- Nothing contained in sub-section (1) shall prejudice any other criminal proceedings which may be initiated against any such person as is mentioned therein.
- 6.
- Cognisance of criminal contempt.-
- (1)
- In the case of a criminal contempt a superior court may take action;
- (i)
- suo motu, or
- (ii)
- on the initiative of any person connected with the proceedings in which the alleged contempt has been committed, or
- (iii)
- on the application of the law officer of a provincial or the federal government.
- 7.
- Fair reporting.-
- (1)
- Subject to sub-section(2), the publication of a substantially accurate account of what has transpired in a court, or of legal proceedings, shall not constitute contempt of court.
- (2)
- The court may, for reasons to be recorded in writing, in the interest of justice, prohibit the publication of information pertaining to legal proceedings.
- 8.
- Personalised criticism.-
- (1)
- Subject to the provisions of this Ordinance, personalised criticism of a specific judge, or judges, may constitute judicial contempt save and except if made in good faith and in temperate language in a complaint made:-
- (a)
- to the administrative superior of a judge of a subordinate court; or
- (b)
- to a provincial government; or
- (c)
- to the Chief Justice of a High Court; or
- (d)
- to the Supreme Court; or
- (e)
- to the Supreme Judicial Council; or
- (f)
- to the federal government for examination and being forwarded to the Supreme Judicial Council.
- (2)
- Nothing contained in sub-section (1) is intended to deprive a judge of the right to file a suit for defamation.
- 9.
- Academic criticism.-
An academic critique of a judgment in a case of public importance shall not constitute contempt notwithstanding the fact that an appeal maybe pending if:-
- (i)
- it is phrased in temperate language;
- (ii)
- it is not made by or on behalf of a party, or by an advocate appearing in the case; and
- (iii)
- does not pertain to a pending criminal case,or disciplinary proceedings against a public servant, or a case involving disqualification of a member of the Majlis-e-Shoora (parliament) or a Provincial Assembly.
- 10.
- Criticism of judgments.-
No criticism of a judgment in a case which has been finally decided and is no longer pending shall constitute contempt, no matter how far reaching or outspoken in nature it may be, if it is phrased in temperate language and does not impute improper motives to the judge. - 11.
- Judicial contempt.-
- (1)
- A superior court may only take action in a case of judicial contempt on its own initiative.
- (2)
- Subject to sub-section (1) any person may lay information relating to the commission of an alleged judicial contempt before a superior court, but such information shall not be registered as a case (although it may be placed in the case file) and nor shall any such person have the right of audience before the court.
- (3)
- Any person laying false information relating to the commission of an alleged judicial contempt shall himself be liable to be proceeded against for contempt of court.
- (4)
- Judicial contempt proceedings initiated by a judge, or relating to a judge, shall not be heard by the said judge, but shall (unless he is himself the Chief Justice) be referred to the Chief Justice, who may hear the same personally or refer it to some other judge, and, in a case in which the judge himself is the Chief Justice, shall be referred to the senior most judge available for disposal similarly.
- (5)
- No proceedings for judicial contempt shall be initiated after the expiry of one year.
- 12.
- Civil contempt.-
- (1)
- Proceedings for civil contempt may be initiated suo motu or at the instance of an aggrieved party.
- (2)
- The provisions contained herein are intended to be in addition to, and not in derogation of, the power of the court under any other law for the time being in force to enforce compliance of its orders, judgments or decrees.
- 13.
- Procedure in cases of contempt in the face of the court.-
- (1)
- In the case of a contempt committed in the face of the court, if the accused, persists in disorderly conduct, the court may direct that he leaves the court room, and, failing compliance, may further direct that he be physically removed from the court room.
- (2)
- In all cases of contempt in the face of the court, the judge shall pass an order in open court recording separately what was said or done by the accused person and what was observed by the judge and shall, if he is not the Chief Justice, refer the matter to the Chief Justice, and, if he is the Chief Justice, to the senior most available judge of a the court, who shall either hear and decide the matter himself or refer it to some other judge for disposal; Provided that it shall not be necessary for the matter to be so referred if the accused person requests in writing that it be decided by the judge before whom the contempt, or alleged contempt, was committed.
- (3)
- In the ensuing proceedings for contempt it shall not be necessary for the judge in whose presence the alleged contempt was committed to appear as a witness and the statement of events recorded by him under sub-section (2) may be treated as evidence; Provided that the judge hearing the case may seek further comments from the said judge, or make such further enquiry (including the calling of witnesses on his own motion) as he deems fit.
- 14.
- Parliamentary speech.-
Nothing contained in this Ordinance or any other law is intended to stifle discussion in the Majlis-e-Shoora (parliament) or a Provincial Assembly on any matter of public importance without criticism of the conduct of a judge in the discharge of his duties. - 15.
- Expunged material.-
No material which has been expunged from the record under the orders of - (i) a court of competent jurisdiction; or (ii) the presiding officer of the Senate, the National Assembly or a Provincial Assembly, shall be admissible in evidence. - 16.
- Innocent publication.-
No person shall be guilty of contempt of court for making any statement, or publishing any material, pertaining to any matter which forms the subject of pending proceedings,if he was not aware of the pendency thereof. - 17.
- Protected statements.-
No proceedings for contempt of court shall lie in relation to the following:-
- (i)
- Observations made by a higher or appellate court in a judicial order or judgment;
- (ii)
- remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and
- (iii)
- a true statement regarding the conduct of a judge in a matter not connected with the performance of his judicial functions.
- 18.
- Amicus briefs.-
- (1)
- In any case pending in a superior court in which issues of public importance are involved, it shall be open to persons or organisations other than the parties to the litigation to file, with the permission of the court, amicus briefs confined to the legal issues arising in the case and the said briefs may contain such submissions as are legally relevant and do not contravene the provisions of this Ordinance.
- (2)
- Permission to file amicus briefs may be granted without notice subject to the condition that copies thereof shall be supplied to the parties to the case but the grant of such a permission shall not entitle the person or the organisation concerned to a right of audience, or appeal, and nor shall the court be bound to discuss such submissions in the judgment.
- (3)
- The provisions of this section shall not affect the power of the court to request an advocate to appear as amicus curiae.
- 19.
- Procedure.-
- (1)
- Save as expressly provided to the contrary, proceedings in cases of contempt shall be commenced by the issuance of a notice, or a show-cause notice, at the discretion of the court.
- (2)
- In the case of a notice, the alleged contemner may enter appearance in person or through an advocate, and, in the case of a show-cause notice, shall appear personally; Provided that the court may at any time exempt the alleged contemner from appearing personally.
- (3)
- If, after giving the alleged contemner an opportunity of a preliminary hearing, the court is prima facie satisfied that the interest of justice so requires, it shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of affidavits, or after recording evidence; Provided that the alleged contemner shall not, if he so requests, be denied the right of cross examination in relation to any affidavit used in evidence against him.
- 20.
- Substantial detriment.-
- (1)
- No person shall be found guilty of contempt of court, or punished accordingly, unless the court is satisfied that the contempt is one which is substantially detrimental to the administration of justice.
- Explanation.- (1) A serious discussion of substantive issues of public importance without intent to influence a legal proceeding which may incidentally be pending will not constitute contempt of court.
- (2)
- In the event of a person being found not guilty of contempt by reason of sub-section (1), the court may pass an order deprecating the conduct, or actions, of the person accused of having committed contempt.
- (3)
- Notwithstanding anything contained in this Ordinance, truth shall be a valid defence in cases of contempt of court.
- 21.
- Appeal.-
- (1)
- Orders passed by a superior court in cases of contempt shall be appealable in the following manner:-
- (i)
- In the case of an order passed by a single judge of a High Court, an intra-court appeal shall lie to a bench of two or more judges;
- (ii)
- in a case in which the original order has been passed by a division or large bench of a High Court, an appeal as of right shall lie to the Supreme Court; and
- (iii)
- in the case of an original order passed by a bench of the Supreme Court, an intra-court appeal shall lie to a larger bench of the court.
- (2)
- The appellate court may suspend the impugned order pending disposal of the appeal.
- (3)
- The period of filing an appeal shall be thirty days.
- 22.
- Ordinance to be exhaustive.-
Save as, and to the extent expressly provided in this Ordinance, no act or statement of any person shall constitute contempt of court or be punishable therefor. - 23.
- Repeal.-
The Contempt of Court Act, 1976 (LXIV of 1976) is hereby repealed.
Tuesday, January 17, 2012
Monday, January 16, 2012
Sunday, January 15, 2012
Saturday, January 14, 2012
Farooq Ismail’s shop and business rebuild by USAID
Farooq Ismail’s shop was ruined by a fire ignited by protestors(shia) on 28th December, 2009. Ashes were all over the market. Stock in go-down and shops along with valuable documents were burnt. Ismail lost his only source of income.
With a U.S. grant, Farooq was able to rebuild his business once again. He used the grant to renovate and restock his shop. “I’m very thankful to USAID, as it supported us in the crucial times and revived our lost businesses," he said.
Jamshed dasti un quits PPP
WASIQ1'S PAKISTAN Blog: Jamshed dasti quits PPP and NA seat.: The very famous politician of the ruling Pakistan peoples party from Muzaffargarh (Urdu: ضلع مظفر گڑھ), NA-178 ,resigned from the party. Mr ...
Friday, January 13, 2012
Thursday, January 12, 2012
$10 million to help rehabilitate flood-damaged schools in Balochistan
Photo courtesy:US Consulate Karachi
Wednesday, January 11, 2012
Tuesday, January 10, 2012
Monday, January 9, 2012
Sunday, January 8, 2012
Saturday, January 7, 2012
Chambers Shields up for grabs ...first come first served no deposit no goodwill...
photo courtesy Jang epaper dated 7 jan 2012 :http://ejang.jang.com.pk/01-07-2012/karachi/pic.asp?picname=04_03.gif |
photo courtesy:Jang epaper dated :22 dec 2011 http://e.jang.com.pk/12-22-2011/Karachi/pic.asp?picname=04_13.gif |
Friday, January 6, 2012
Thursday, January 5, 2012
Death and Birth anniversaries of two PPP leaders
The fourth of January yesterday was the first death anniversary of the late governor of Punjab and a senior PPP politician and Business man of Pakistan Mr Salman Taseer who was assassinated by an elite guard of his protocol security detail.
And today on the 5th of January is the 84th Birth Anniversary of the founder of PPP and former Prime minister of Pakistan Mr Bhutto.
From Bethlehem to saint Petersburg and from Westminster abbey to some of the most beautiful churches in the world are usually under thick white snow or are engulfed in very cool chilly winds at this time of the year regarded as the holy season of Christmas and new years.Here in punjab province of Pakistan also where the leaders of the largest secular political party of Pakistan the true defenders of the Churches in Pakistan are assassinated or Eulogized , its very cold and foggy around the churches.
Mr zulfiqar Ali Bhutto was hanged till death on the 4th of April 1979 during the Lent.The Easter sunday that year was on the 15th of April 1979.
Pakistan no doubt is an ideological state and the constitution guarantees that the state religion will be Islam.But practically the church is more influential than the will of the majority of the people.
So the question that comes to my feeble mind is that "Are assassinated Leaders of Pakistan Peoples Party ,Martyrs of the Church or Sacrificed by the Church.?"
And today on the 5th of January is the 84th Birth Anniversary of the founder of PPP and former Prime minister of Pakistan Mr Bhutto.
From Bethlehem to saint Petersburg and from Westminster abbey to some of the most beautiful churches in the world are usually under thick white snow or are engulfed in very cool chilly winds at this time of the year regarded as the holy season of Christmas and new years.Here in punjab province of Pakistan also where the leaders of the largest secular political party of Pakistan the true defenders of the Churches in Pakistan are assassinated or Eulogized , its very cold and foggy around the churches.
Mr zulfiqar Ali Bhutto was hanged till death on the 4th of April 1979 during the Lent.The Easter sunday that year was on the 15th of April 1979.
Pakistan no doubt is an ideological state and the constitution guarantees that the state religion will be Islam.But practically the church is more influential than the will of the majority of the people.
So the question that comes to my feeble mind is that "Are assassinated Leaders of Pakistan Peoples Party ,Martyrs of the Church or Sacrificed by the Church.?"
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