Pakistan

There has been a state of unrest and lawlessness in Karachi for the last three days. Over thirty people have been killed and many others injured including the officials of law enforcing agencies. Dozens pf vehicles have been torched. Law enforcing agencies have announced shoot on sight policy to restore normalcy in the mega city which is known as financial capital of the country. However, not one has so far been shot on sight and the lawlessness continues. Neither media nor government have been able to identify the cause and the people behind this lawlessness. Where is the writ of the government of MQM in Karachi or that of PPP-MQM led coalition in the Sindh province?

Lower Dir is reported to have been cleared off Taliban. Army operation continues in Buner. Army claims to have killed 50 of the reported 500 Taliban in Buner. Sufi Muhammad, head of defunct TNSM, remains missing and out of contact and communication with the government. Isolated incidents of Taliban harassing the locals of Swat and officials continue. Nineteen persons have been killed, many more injured besides torching of a number of vehicles. Almost all political parties and civil society have vowed to root out terrorism and militancy from the country. Rangers have moved in Karachi to restore order. USA and the West have supported the Army operations against Taliban. Karachi is facing situation of lawlessness. Restlessness continues in Orakzai agency. Drone attack in North Waziristan have killed half a dozen people.

Where all and for how long will the army and rangers undertake operations to halt further advances by Taliban, if not eliminate them? For how long and how much Pakistanis will continue to be sandwiched between Taliban and the army operations?

A few hours ago Army began its operation in Buner district of Malakand division. After the notification of Nizam-e-Adl regulation in Swat, Taliban had left Swat and moved to Buner. Later, they displayed a mock withdrawal from Buner too which misled media and all others that Taliban would no longer be operative in Buner. However, their activities of last few days left no doubt that they were very much there in Buner and operating too in terms of looting the locals, harassing them, kidnapping and killing the government officials. They have also been reported to be recruiting the locals at gun point. They are reported to be around 500 in number. Meanwhile Sufi Muhammad, head of TNSM, is reported to be missing and out of contact and communication. On the other hand Army official have claimed that they cleared Lower Dir off the Taliban. Whether these operations have been undertaken because of the pressure of the opposition, ally of the government MQM, civil society, increasing number of demonstrations by all over the country or that of US and the West, locals of Dir and Buner are suffering the most who have become migrants in their own country.

Army operations have been in progress extensively for the last two days. Losing some of its soldiers, Army is claiming to have killed terrorists in dozens including some of the Taliban leadership. But the most affected and unfortunate are the locals of Dir who are leaving the area in thousands. I wonder if the same was anticipated by the government. It should have learnt the lesson from the recent operations of the army in Swat before the truce. The local migrants have no place to go and nothing to eat. This plight of locals is going to convert some of them into Talibans. It's high time that the local migrants of Dir are duly attended to and looked after so that they remain sympathetic to the government and become good soucre of intelligence to root out Taliban.

After repeated violations of Swat Truce, the statements ofSufi Muhammadof defunct TNSM challenging the very constitution and democratic system of the government, Taliban's taking control of Buner district in the North of Swat and very assertive demand from USA, Pakistan Army has been tasked to deal with Taliban with force and root them out. The operation has already begun.

The results of this operation are not likely to be any different than the earlier operations. There will be killing at both ends and collassal collateral damage in terms of loss of life and material. Hundreds, if not thousands will get killed, many others will become disabled and so on. Once the enormity of this collateral damage goes beyond proportions, the operation will cease without achieving the objective of elimination of Taliban. It has happenened many times before in last few years and history is going to repeat itself. In fact the operation will provide once again a good opportunity to recruit fresh Taliban.

Pakistan Army is not trained and equipped well enough to fight the terrorists.
There is no defined front. Terrorists either merge with local population or occupy strong positions in the hills covering roads. The most important deficiency is of real time intelligence. Taliban can be defeated only by paralysing their ledership. Local population can provide useful intelligence but fear killing by Taliban on their knowing the same. Americans, too, for reasons better known to them, do not share intelligence with Pakistan. Perhaps, they are playing a double game. Army is the last card but the way it's being used, it's worth thinking by Pakistan government and US alike as to what would be the next step if the Army is not able to root out Taliban.

There are a number of agencies and countries who are supporting, financing, equipping and training Taliban. If America is sincere in eliminating terrorism from Pakistan, it should hit at the roots rather than aiming at the branches. What are so many Indian consulates doing in Afghanistan? Is Russia avenging it's defeat in Afghanistan in late eighties?

Muslim Khan, the spokesperson of Taliban, while giving interview to an American News agency has made it clear that Taliban are not bound by Swat Truce as they are not a party to it. He further reiterated earlier declarations of Sufi Muhammad, head of defunct TNSM, that Taliban did not accept present judicial system of Pakistan and that they would not lay down their arms. Taliban have again taken up arms in Malakand Division, started making/manning posts, patrolling the roads and resorted to looting. Four of the officials have been kidnapped on the charges of spying. What else is NWFP government waiting for to react against these Taliban?

Related: Regulation

Two weeks ago, hundreds of British Police officers conducted raids in Northern England and arrested 12 Pakistani students. The British Prime Minister Mr. Gordon Brown termed it as unearthing of a "Very Big Terrorist Plot". Now, the British Police have decided to deport 9 out of 12 of the arrested students to Pakistan. One of them had been handed over to Britain's Border Control Agency for deportation earlier. Remaining two are being retained for further questioning. The deportation of ten of the twelve arrested men has been ordered on grounds of national security. British security agencies had earlier claimed that they had foiled a major imminent attack which might have caused mass casualties. Britain would certainly not have released these men if there was even a semblance of a proof available against these men regarding their involvement in terrorist activities. It appears that the deportation is being resorted to as a face saving of the police action at a very high scale. Is it fair? Shouldn't it have been more prudent for the British government, claimants of being champions of freedom and human rights, to accept the facts, release these individuals with grace and generosity, and allowed them to continue their studies? But who cares, as they say, "Might is right".

Related: Regulation

Nizam-e-Adl Regulation came into force as a result of the negotiations between NWFP government and TNSM of Sufi Muhammad. The regulation was passed in the form of a resolution by the National Assembly of Pakistan and later signed by the President of Pakistan. The NWFP government issued a formal notification of the same on 14 Apr'2009. Following is complete text of the Regulation.

A REGULATION
To provide for Nifaz-e-Nizam-e-Shariah through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Manshera district and the former State of Amb.
Preamble.---WHEREAS it is expedient to expedient to provide for Nifaz-e-Nizam-e-Sharia’h through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb;
AND WHEREAS clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Areas, or any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs, and in giving such direction with respect to any law, the Governor may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction;
AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly, make regulations for the peace and good governance of Provincially Administered Tribal Areas or any part thereof;
NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North-West Frontier Province, with the approval of the President, is pleased-
(i) to direct that the laws specified in column 2 of Schedule-I shall apply to the Provincially Administered Tribal Areas as aforesaid; and
(ii) to make the following Regulation:
1. Short title, extent and commencement.---(1) This Regulation may be called the Nizam-e-Adl (Sharia’h) Regulation, 2009.
(2) It shall extend to the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Mansehra district and the former State of Amb, hereinafter referred to as the said area.
(3) It shall come into force at once and shall be deemed to have taken effect on 16th day of February, 2009.
2. Definitions.---(1) In this Regulation, unless there is anything repugnant in the subject or context,-
(a) “Dar-ul-Dar-ul-Qaza” means the final appeallate/revisional court, in the said area, designated as such, under this Regulation, in pursuance of clause (2) of Article 183 of the Constitution of the Islamic Republic of Pakistan;
(b) “Dar-ul-Qaza” means appellate/revisional Court constituted by Government in the said area, under clause (4) of the Article 198 of the Constitution of the Islamic Republic of Pakistan;
(c) “Government” means the Government of the North-West Frontier Province;
(d) “paragraph” means a paragraph of this Regulation;
(e) “prescribed” means prescribed by rules made under this Regulation;
(f) “Qazi” means a duly appointed Judicial Officer as specified and designated in column 3 of Schedule-II;
(g) “recognized institution” means the Shariah Academy established under International Islamic University Ordinance, 1985 (Act XXX of 1985) or any institution imparting Sharia’h training and recognized as such by Government;
(h) “Schedule” means a Schedule to this Regulation; and
(i) “Shariah” means the injunctions of Islam as laid down in Quran Majeed, Sunnah-e-Nabwi (Sallallaho Alaihe Wasallam), Ijma and Qiyas;
Explanation.-In the application of this clause to the personal law of any Muslim sect, the expression Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe wasallam)shall mean the Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe wasallam) as interpreted by that sect.
(2) All other expressions, not expressly defined in this Regulation, shall have the same meanings as assigned to them in any other law for the time being in force, in the said area to which this Regulation applies.
3. Application of certain laws to the said area.---(1) The laws specified in column 2 of Schedule-I, as in force in the North-West Frontier Province immediately before the commencement of this Regulation, and so far as may be, all rules, notifications and orders made or issued thereunder, shall apply to the said area.
(2) All the laws applicable to the said area, including the laws mentioned in sub-paragraph (1), shall so apply subject to such exceptions and modifications as specified in this Regulation.
4. Certain laws to cease to operate.---If, immediately before the commencement of this Regulation, there was in force in the said area any law, instrument, custom or usage having the force of law not corresponding to the Injunctions of
Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe Wasallam) or provisions of any of the laws applied to the said area by this Regulation, such law, instruments, custom or usage, as the case may be, shall upon such commencement, cease to have effect in the said area.
5. Courts.---Besides, Dar-ul-Dar-ul-Qaza and Dar-ul-Qaza, there shall be following courts of competent jurisdiction, in the said area:
(i) Court of Zilla Qazi;
(ii) Court of Izafi Zilla Qazi;
(iii) Court of Aala Illaqa Qazi;
(iv) Court of Illaqa Qazi; and
(v) Court of Executive Magistrate.
6. Qazis and their powers and functions.--(1) Any person to be appointed as Illaqa Qazi, in the said area shall be a person who is a duly appointed Judicial Officer in the North-West Frontier Province. Preference shall be given to those Judicial Officer who have completed Shariah course from a recognized institution.
(2) In relation to proceeding with and conducting the criminal or civil cases, all powers, functions and duties concerned, assigned or imposed on Judicial Officer in the North-West Frontier Province under any law for the time being in force, shall, subject to application of such law in the said area and established principles of Sharia’h, be exercised, performed or discharged by them as designed in column 3 of Schedule-II.
(3) Subject to the general superintendence of the principal seat of Dar-ul-Qaza, a Zilla Qazi shall supervise the work of subordinate courts, and, through the District Police Officer concerned, the process serving staff, within the local limits of his jurisdiction.
7. Executive Magistrate.---(1) In each district or protected area, there shall be a District Magistrate, Additional District Magistrates, Sub-Divisional Magistrates and other Executive Magistrates, as the Government deems necessary.
(2) The District Magistrate and the Executive Magistrates shall discharge their responsibilities and exercise their powers according to the established principles of Sharia’h and other laws for the time being in force, in the said area.
(3) The District Magistrate shall supervise the work of other Executive Magistrates in the District.
(4) Keeping peace, maintaining order, enforcing the executive authority of the Government and “Sadd-e-Zara-e-Jinayat” shall be the duty, responsibility and power of the Executive Magistrate. For this purpose he can take action against an individual, under the established principles of Shariah.
Explanation.-The phrase “Sadd-e-Zarr-e-Jinayat”( ) means and includes all actions and steps taken under the Sharia’h laws and any other law enforced for the time being for the control of crimes.
8. Submission of Challan to Qazi or Executive Magistrate.---(1) It shall be the duty of every officer-in-charge of a police station to ensure that complete challan in each criminal case is submitted to the concerned Court within fourteen days from the date of lodging in the first information report, except in a case in which the concerned Qazi or Executive Magistrate has granted special extension of time for a specified period for the reasons to be recorded:
Provided that if any officer-in-charge of police station or investigating Officer fails to submit complete challan within specified period, the Qazi or Executive Magistrate concerned shall refer the matter to competent authority for disciplinary action against the police officer responsible for such delay, upon which necessary action shall be taken against him forthwith and shall be duly communicated to the referring Qazi or Executive Magistrate.
(2) The officer-in-charge of a police station shall submit a copy of the first information report to concerned Qazi or Executive Magistrate, within twenty four hours of its lodging.
9. Proceedings to be in accordance with Shariah.---(1) A Qazi or Executive Magistrate shall seek guidance from Quran Majeed, Sunna-e-Nabvi (Sallalllaho Alaihe Wasallam), Ijma and Qiyas for the purposes of procedure and proceedings of conduct and resolution of cases. While expounding and interpreting the Quran Majeed and Sunna-e-Nabvi (Sallalllaho Alaihe Wasallam), the Qazi shall follow the established principles of expounding and interpreting Quran Majeed and Sunna-e-Nabvi (Sallallaho Alaihe Wasallam), and, for this purpose, shall also consider the expositions and opinions of recognized Fuqaha’s of Islam.
(2) No Court shall entertain a suit unless the plaintiff/complainant verifies that copies of plaint alongwith supporting documents have been sent, through registered post with acknowledgment due to all the defendants, except in case of a suit for perpetual injunction accompanied by an application for temporary injunction.
(3) The pleadings shall be accompanied by copies of all relevant documents and affidavits of all the unofficial witnesses duly attested by an oath commissioner. The affidavits so submitted shall be treated as examination-in-chief of such witnesses:
Provided that if, after submission of pleadings, in the opinion of court, new issue arises, party to pleadings may be allowed to submit afresh copies of relevant documents and affidavits of unofficial witness attested in the manner aforesaid, for arriving at just conclusion of case.
(4) In all cases of civil nature written statement shall be submitted within seven days and where the defendant fails to do so his defence shall be struck off:
Provided that the court may extend time for filling of written statement in extra ordinary circumstances. The time so allowed shall not be extended further on any ground whatsoever.
(5) After completion of evidence, the court shall ask the parities to argue, either verbally or in writing, on the adjourned date, and, if either of the party fails to do so, the court shall pronounce judgment on merits, without any further adjournment for arguments:
Provided that it shall be the duty of the court to make list of relevant reported judgments, referred to by any party as precedent, which shall form part of judicial record.
(6) No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs in court which shall not be less than two thousand rupees.
10. Observance of time schedule.---(1) A period of not more than six months for disposal of a civil case, and a period of not more than four months for disposal of a criminal case, shall be standard time schedule, excluding the time spent for sulh proceedings.
(2) A Qazi shall finalize a case within the time schedule prescribed under sub-paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the Zilla Qazi or, as the case may be, to the presiding officer of the principal seat of the Dar-ul-Qaza, and shall act on the directions issued by such court in that behalf.
(3) An Executive Magistrate shall also finalize a case within the time schedule prescribed under sub-paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the District Magistrate and shall act on the directions issued by District Magistrate, in that behalf.
(4) If the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of the Dar-ul-Qaza, in relation to proceedings in the Court of Qazi, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall fix a penalty or cost to be recovered from the defaulting party and direct the court concerned to dispose of the case within an extended period of not more than one month.
(5) If the District Magistrate, in relation to proceedings in the Court of Executive Magistrate, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall fix a penalty or cost to be recovered from the defaulting party and direct the court concerned to dispose of the case within an extended period of not more than one month.
(6) If in the opinion of Zilla Qazi or, as the case may be, of the presiding officer of the principal seat of the Dar-ul-Qaza, the Qazi or Executive Magistrate, dealing with the case or proceedings, is responsible for delay in its disposal, the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of Dar-ul-Qaza may,-
(i) in the case of Qazi, deliver upon him a letter of displeasure. If a Qazi is served with three letters of displeasure in a year, then the Zilla Qazi or as the case may be, the presiding officer of the principal seat of Dar-ul-Qaza, after providing him an opportunity of being heard, may make an entry in his service record; and
(ii) in the case of Executive Magistrate, inform the District Magistrate about such delay and recommend for disciplinary action, provided in clause (i) of sub-paragraph (6) of paragraph 9.The District Magistrate shall act on the recommendations accordingly.
(7) In criminal cases, the Investigating Officer shall prepare copies of the case file in triplicate, in addition to judicial file, so that the trial court may retain the judicial file for regular trial, and the remaining two files, may be sent to the court concerned when requisitioned.
(8) An appeal or revision under this Regulation shall be filed within thirty days from the date of the decision in the respective case, after sending its copies, through registered post with acknowledgement due, to the opposite party, and the appellate or revisional court shall decide the same within thirty days, without remanding it on any ground whatsoever:
Provided that such court shall have the power to rectify any illegality or irregularity of omission which, in the opinion of he said court, may result injustice to any of the parties.
(9) Any decree shall be executed, either by the court which passed it, or by the court to which it is sent for execution, within two months.
11. Establishment of Courts.---(1) Soon after the commencement of this Regulation, Government shall take necessary steps to establish as many courts to ensure expeditious dispensation of justice within prescribed time schedule.
(2) Where the number of pending cases at a time exceeds more than one hundred and fifty in a court of Zilla Qazi, District Magistrate, or, as the case may be, Izafi Zilla Qazi, or exceeds more than two hundred cases in a court of Aa’la Ilaqa Qazi, Executive Magistrate, or, as the case may be, Ilaqa Qazi, it shall be necessary for Government to establish a new court and provide it all related facilities to ensure dispensation of justice within prescribed time schedule.
12. Appeal and Revision.---Subject to the Constitution of the Islamic Republic of Pakistan, appeal/revision against the Orders/Judgments/Decree of the Dar-ul-Qaza shall lie to the Dar-ul-Dar-ul Qaza, for the purpose of this Regulation.
13. Power to appoint musleh.---(1) Any civil or criminal case, subject to mutual consent of parties, may be referred to Musleh or, as the case may be, musleheen before recording of evidence, either on the agreement of the parties regarding the names of such musleh or musleheen, or in case of their disagreement, to such musleh or musleheen whose names appear on the list maintained by the court for such purpose:
Provided that the cases falling within the purview of Hudood laws and cases by or against the Federal or Provincial Government or any statutory body or persons under legal disabilities shall not be referred for sulh.
(2) The musleheen shall record their opinion with regard to a dispute referred to them with reasons therefore.
(3) Where a musleh or, as the case may be, musleheen, to whom a dispute has been referred for resolution, either fail or refuse to resolve it, or the Court is of the opinion that unnecessary delay has been caused, without
sufficient reason, in resolving it, the Court, may, on the application of a party or suo moto, for reasons to be recorded, withdraw the order of such reference, and, after such withdrawal, it shall resolve the dispute in accordance with Sharia’h as if it were not referred for sulh:
Provided that, in no circumstances, a case shall remain with a musleh or, as the case may be, musleheen for a period of more than fifteen days, but the court may, in extraordinary circumstances, for reasons to be recorded in writing, extend the time for fifteen days and, on the expiry of the aforesaid period, it shall stand withdrawn to the court for further proceedings.
(4) The Musleh or, as the case may be, the musleheen, appointed for such resolution of the dispute, after hearing the parties and their witnesses, if any, perusing the relevant document, if any, and inspecting the spot, if need be, shall form opinion about resolution of the dispute, with reasons therefor, and submit a report of their opinion to the concerned court without delay:
Provided that, in case the opinion is not unanimous, the opinion of the majority members and the opinion of each dissenting member, separately or jointly, with reasons therefore, shall be so submitted.
(5) The Court shall, if it is satisfied that the opinion in a case referred to for sul’h under sub-paragraph (1) is in accordance with Sharia’h, make it the rule of the Court, and shall announce it as such, but, if the court comes to the conclusion that the opinion is not in accordance with Sharia’h, it shall declare the opinion, for reasons to be recorded, as null and void and shall start its proceedings for decision of such dispute in accordance with Sharia’h as if it were not referred for sulh.
(6) The court shall, before proceeding further, provide an opportunity to the parties to submit objections, if any, to such report, and, if any, objections are so made, the court shall, after hearing the parties, decide about the correctness or otherwise of the objections.
(7) The court shall, keeping in view the actual expenses incurred by the musleh or musleheen, on traveling to, an stay at, the place other than the place of his or, as the case may be, their residence, and the time
spent in dealing with the case, in particular circumstances of each case, fix the remuneration of such musleh or musleheen, to be paid by each party in such proportion as may be determined by the court.
14. Conduct of Judicial Officers and Executive Magistrates.---(1) The conduct and character of each Judicial Officer and Executive Magistrate shall be in accordance with the Islamic principles.
(2) Notwithstanding anything contained in any law for the time being in force, all cases, suits, inquires, matters and proceedings in courts, pertaining to the said area, shall be decided by the courts concerned in accordance with Shariah:
Provided that cases of non-Muslims in matters of adoption, divorce, dower, inheritance, marriage, usages and wills shall be conducted and decided in accordance with their respective personal laws.
(3) Government may, from time to time, take such measures for the purposes of sub-paragraph (1), as it may deem necessary.
15. Aid and assistance to courts.---All executive authorities in the said area, including members of law enforcing agencies and members of other services of Pakistan, shall act in aid and assistance of the Courts, and shall implement their judicial orders and decisions.
16. Directions to law enforcing agencies.---Government may, where necessary, issue such directions to any law enforcing agency as are necessary in relation to the service of Courts Processes on the parties, witnesses or any other person, and, for any general or specific purposes, in order to ensure the conduct of such law enforcing agency in aid and assistance of the Courts.
17. Language of the Court and its record.---All the processes and proceedings of the court, including the pleadings, evidence, arguments, orders and judgments shall be recorded and conducted in Urdu, Pushto or in English and the record of the Court shall also be maintained in the said language.
18. Powers to make rules.---Government may, make rules for carrying out the purposes of this Regulation.
19. Regulation to override other laws.---The provisions of this Regulation shall have overriding effect notwithstanding anything to the contrary contained in any other law for the time in force in the said area.
20. Repeal.---(1) The Provincially Administered Tribal Areas Sharia’h Nizam-e-Adl Regulation, 1999 (N.-W.F.P. Reg. I of 1999), and rules framed thereunder are hereby repealed.
(2) The Code of Criminal Procedure (Amendment) Ordinance, 2001 (Ord. No. XXXVII of 2001), applied to the said area vide Notification No. 1/93-SOS-II(HD)/2001, dated 27th April, 2002, is hereby repealed.
(3) Notwithstanding the repeal of the Regulation under sub-paragraph
(1), or cessation of any law, instrument, custom or usage under paragraph
4, the repeal or cessation, as the case may be, shall not-
(a) revive anything not in force or existing at the time at which the repeal or cessation take effect;
(b) affect the previous operation of the law, instrument, custom or usage or anything duly done or suffered thereunder;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law, instrument, custom or usage;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law, instrument, custom or usage; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or punishment
may be imposed, as if the law, instrument, custom or usage had not been repealed or ceased to have effect, as the case may be.
SCHEDULE-I
[See the preamble and paragraph 3(1)]
S.No.
Nomenclature of Laws
1. The Fatal Accident Act, 1855 (Act XIII of 1855).
2. The Partition Act, 1893 (Act IV of 1893).
3. The Essential Commodities Act, 1957 (Act III of 1957).
4. The West Pakistan Historical Mosques and Shrines Fund Cess Ordinance, 1960 (W.P. Ord. V of 1960).
5. The West Pakistan Suppression of Prostitution Ordinance, 1961 (Ord. II of 1961).
6. The Indecent Advertisement Prohibition Act, 1963 (Act XII of 1963).
7. The Family Courts Act, 1964 (W.P. Act XXXV of 1964).
8. The West Pakistan Regulation and Control of Loud Speaker and Sound Amplifiers Ordinance, 1965 (Ord. II of 1965).
9. The Pakistan Arms Ordinance, 1965 (W.P. Ord. XX of 1965).
10. The Law Reforms Ordinance, 1972 (Ord. XII of 1972).
11. The North-West Frontier Province Orphanages (Supervision and Control)
Act, 1976 (Act XIV of 1976).
12. The Code of Civil Procedure (Amendment) Act, 1976, (XV of 1976).
13. The Law Reforms (Amendment) Ordinance, 1976 (Ord. XXI of 1976).
14. The Travel Agencies Act, 1976 (Act XXX of 1976).
15. The Prevention of Gambling Act, 1977 (Act XXVIII of 1977).
16. The North-West Frontier Province Suppression of Crimes Ordinance, 1978 (NWFP Ord. III of 1978).
17. The North-West Frontier Province Prevention of Gambling Ordinance, 1978 (N.W.F.P. Ord. V of 1978).
18. The North-West Frontier Province Waqf Properties Ordinance, 1979 (Ord. I of 1979).
19. The Code of Civil Procedure (Amendment) Ordinance, 1980 (Ord. X of 1980).
20. The Offences Against Properties (Enforcement of Hudood) (Amendment) Ordinance, 1980(Ord. XIX of 1980).
21. The Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance, 1980 (Ord. XX of 1980).
22. The Offence of Qazf (Enforcement of Hadd) (Amendment) Ordinance 1980 (XXI of 1980).
23. The Ehtram-e-Ramzan Ordinance, 1981 (Ord. XXIII of 1981).
24. The Offences Against Property (Enforcement of Hudood) (Amendment) Ordinance, 1982 (Ord. II of 1982).
25. The Zakat and Ushr (Amendment) Ordinance, 1983 (Ord.VII of 1983).
26. The Zakat and Ushr (Second Amendment) Ordinance 1983 (Ord. X of 1983).
27. The Zakat and Ushr (Third Amendment) Ordinance, 1983 (Ord. XXVI of 1983).
28. The Anti-Islamic Activities of Qadianis Group, Lahore Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ord. XX of 1984).
29. The Zakat and Ushr (Amendment) Ordinance, 1984 (Ord. XLVI of 1984).
30. The North-West Frontier Province (Enforcement of Certain Provisions of Laws) Act, 1989 (NWFP Act II of 1989).
31. The Code of Civil Procedure (Amendment) Act, 1989 (IV of 1990).
32. The Employment of Children Act, 1991 (Act V of 1991).
33. The Enforcement of Shariah Act, 1991 (X of 1991).
34. The Zakat and Uishr (Amendment) Act, 1991 (XXIII of 1991).
35. The Pakistan Bait-ul-Mal Act, 1992 (I of 1992).
36. The Code of Civil Procedure (Amendment) Act, 1992 (VI of 1992).
37. The Civil Law (Reforms) Act, 1994 (Act XIV of 1994).
38. The North-West Frontier Province Consumer Protection Act, 1997 (Act VI of 1997).
39. The Pakistan Environmental protection Act, 1997 (Act XXXIV of 1997).
40. The Control of Narcotics Substances Act, 1997 (Act No. XXV of 1997).
41. The Anti-Terrorism (Second Amendment) Ordinance, 1999 (Ord. XIII of 1999).
42. The Anti-Terrorism (Third Amendment) Ordinance, 1999 (Ord. XX of 1999).
43. The Juvenile Justice System Ordinance, 2000 (Ord. XXII of 2000).
44. The Anti-Terrorism (Amendment) Ordinance, 2000 (Ord. XXIX of 2000).
45. The National Highway Safety Ordinance, 2000 (Ord. XL of 2000).
46. The Control of Narcotic Substances (Amendment) Ordinance, 2000 (Ord. LXVI of 2000).
47. The Zakat and Ushr (Amendment) Ordinance, 2000 (Ord. LIX of 2000).
48. The Patents Ordinance, 2000 (Ord. LXI of 2001).
49. The Zakat and Ushr (Amendment) Ordinance, 2001 (Ord. XXI of 2001).
50. The Arms Laws (Amendment) Ordinance, 2001 (Ord. LXVI of 2001).
51. The Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (Ord. No. XIII of 2002).
52. The Zakat and Ushr (Amendment) Ordinance, 2002 (Ord. XXV of 2002).
53. The Drugs (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).
54. The National Commission for Human Development Ordinance, 2002 (Ord. No. XXIX of 2002).
55. The Code of Civil Procedure (Amendment) Ordinance, 2002 (Ord. XXXIV of 2002).
56. The Representation of People (Amendment) Ordinance, 2002 (Ord. XXXVI of 2002).
57. The Representation of People (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).
58. The General Clauses (Amendment) Ordinance, 2002 (Ord. XXXIII of 2002).
59. The Pakistan Electronic Media Regulatory Authority Ordinance, 2007 (Ord. XIII of 2002).
60. The North-West Frontier Province Forest Ordinance, 2002 (Ord. XIX of 2002).
61. The Zakat and Ushr (Amendment) Ordinance, 2002 (Ord. XXXVIII of 2002).
62. The Representation of People (Third Amendment) Ordinance, 2002 (Ord. XLV of 2002).
63. The North-West Frontier Province Registration and Functions of Private Educational Institutions (Amendment) Ordinance, 2002 (Ord XLVI of 2002).
64. The NWFP the Punjab Minor Canals (Amendment) Ordinance, 2002 (Ord. LVIII of 2002).
65. The Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002).
66. The Probation of Offenders (Amendment) Ordinance, 2002 (LXVI of 2002).
67. The Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002 (Ord. LXXIV of 2002).
68. The Freedom of Information Ordinance, 2002 (Ord. XCVI of 2002).
69. The Press Council of Pakistan Ordinance, 2002 (Ord. XCVII of 2002).
70. The Press, Newspaper, News Agencies and Book Registration Ordinance, 2002 (Ord. XCVIII of 2002).
71. The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 2002 (Ord. CI of 2002).
72. The Political Parties Order, 2002 (C.E.O. 18 of 2002).
73. The Political Parties (Amendment) Order, 2002 (C.E.O. 20 of 2002).
74. The Police (Amendment) Order, 2002 (C.E.O. 36 of 2002).
75. The North-West Frontier Province Shari Act, 2003 (NWFP Act No. II of 2003).
76. The Contempt of Court Ordinance, 2003 (Ord. V of 2003).
77. The Political Parties (Amendment) Act, 2004 (Act III of 2004).
78. The Code of Civil Procedure (Amendment) Act, 2004 (Act VIII of 2004).
79. The Defamation (Amendment) Act, 2004 (Act IX of 2004).
80. The Anti-terrorism (Amendment) Act, 2004 (Act X of 2004).
81. The North-West Frontier Province Consumers Protection (Amendment) Act, 2005 (Act II of 2005).
82. The North-West Frontier Province Local Government (Amendment) Act, 2005 (Act X of 2005).
83. The North-West Frontier Province Housing Authority Act, 2005 (Act XI of 2005).
84. The Illegal Dispossession Act, 2005 (Act XI of 2005).
85. The North-West Frontier Province Local Government (Second Amendment) Act, 2006 (Act II of 2006).
86. The North-West Frontier Province Societies Registration (Amendment) Act, 2006 (Act III of 2006).
87. The North-West Frontier Province Prohibition of Kite Flying Activities Act, 2006 (Act IV of 2006).
88. The Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) (Amendment) Act, 2006 (Act IV of 2006).
89. The North-West Frontier Province Interest of Personal Loans Prevention Act, 2007 (Act III of 2006).
90. The North-West Frontier Province Agriculture and Livestock Produce Markets Act, 2007 (Act IV of 2006).
91. The Prevention of Electronic Crimes Ordinance, 2008 (Act IX of 2008).
SCHEDULE-II
[See paragraph 2(1)(g) and 5(2)]
S.No.
Designation of Judges and Judicial Officers in the N.-W.F.P. except P.A.T.As.
Designation of Judges and Judicial Officers in P.A.T.As of the N.-W.F.P.
1.
2.
3.
1.
District and Sessions Judge.
Zilla Qazi
2.
Additional District and Sessions Judge.
Izafi Zilla Qazi
3.

Senior Civil Judge/Judicial Magistrate under section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898).
Aa’la Illaqa Qazi
4.

Civil Judge/Judicial Magistrate.
Illaqa Qazi

In his address to thousands of Swatis, Sufi Muhammad, head of Tehreek-e-Nifaz-Shariah-Muhammadi (TNSM) has made no secret about his intentions and that of Pakistani Taliban. He told the audience that God's system should be enforced in the land of God. Sermoning about his desire to have peace, prosperity, Muslim brotherhood and unity among all sects of Islam, he declared that present High and Supreme courts of Pakistan were Non Islamic and that people of Swat could only appeal before Darul Qaza against the Qazi courts. He even declared that only black turban was worne by Hazrat Muhammad (PBUH) and wearing any other type of turban was against the following of Hazrat Muhammad (PBUH). Sufi Muhammad's declared that High and Supreme courts of Pakistan were non Islamic It's now to be seen as to how NWFP government and the federal government of Pakistan respond to that. During his address to thousands of Swati last Sunday vowed to spread the Islamic Shariah (as interpreted by him) all over Pakistan and explicitly declared that he considered the constitution of Pakistan and democracy to be non Islamic.

A suicide car-bomber drove into a Pakistani military convoy on Saturday. 25 soldiers and police personnel were killed besides two passers-by, and 65 others were wounded. The incident took place, 190 km (120 miles) west of Islamabad. Seven out of the 65 wounded were said to be in a critical condition. About eight vehicles in the convoy were destroyed.

A spokesman for Pakistani Taliban chief Baitullah Mehsud said militants would continue its attacks on security forces.
"It was retaliation for the U.S. drone strikes and security forces will have to see more attacks because our people have suffered many losses in the missile attacks," Hakimullah Mehsud said by telephone from an undisclosed location.

President Asif Ali Zardari told aid donors on Friday he would step up the fight against militants and said defeat for nuclear-armed Pakistan would be a defeat for the world.
His nation is a vital U.S. ally in its efforts to stabilize Afghanistan.

A truce has been recently arrived at between the NWFP government and defunct Tehreek-e-Nifaz-e-Shariah-e-Muhammadi (TNSM), translated in English as Movement for the Enforcement of Muhammaden Law. The TNSM is led by Sufi Muhammad. Short of this truce, there has been a large scale bloodshed of locals of Swat besides the killings of Pakistani Taliban and the members of law enforcement agencies including Pakistan Army. Swatis received the beating from both ends; Pakistani Taliban and the law enforcement agencies. This caused thousands of Swatis to migrate to the adjoining districts. Peace has begun to prevail in Swat after the truce. The migrants have returned to Swat. Qazi (Judicial) courts, Qazis being nominated by TNSM in stead their appointment by the government, have started functioning; one of the main demands of TNSM and Pakistani Taliban.

The government has reached an agreement with a party which stands defunct in its own books. Pakistani Taliban, one of the main and militant rival faction, are not signatory to it. The Pakistan government has agreed to enforcement of Shariah Law with the hope that peace will prevail in Swat. No doubt, peace has prevailed, for the time being, in Swat after the agreement. However, the interpretation of the various clauses of the agreement are being made differently by the government, TNSM and Taliban. Government expects Taliban and all militant groups to lay down their arms, wants appointment of Qazis to be made by it with appellant courts remaining the same i.e High Court and Supreme Court. Taliban have refused to lay down their arms but have agreed that nobody including militants will move in Swat displaying arms. TNSM insists that Qazis will be appointed by it and have done so, and that High Court and Supreme Court will not be the Appellant courts for the people of Swat. In stead, TNSM will have its own appellant courts formed within Swat. Pakistan government has signed the agreement from a position of weakness after it thought that the law enforcement agencies could not eliminate Taliban and in stead the collateral damage in terms of loss of men and material of the Swatis was increasing in geometrical proportions. Still Pakistan government considers Swat issue to be a singular phenomenon not likely to be spreading elsewhere in Pakistan. However, TNSM and Taliban think it differently. They have made no secret about it and are claiming that they want Muhammadan Law all over Pakistan. It's not Muhammadan Law which is to be feared about but the Muhammadan Law as interpreted by Taliban which is a source of concern for most Pakistanis. Hazrat Muhammad (PBUH) spread Islam through peaceful means. The Holy Book, too, very clearly says that there is no compulsion in Islam. But these Taliban want to enforce their version of Islam through force.