Identifier
Created
Classification
Origin
07ISLAMABAD2023
2007-05-05 09:12:00
CONFIDENTIAL
Embassy Islamabad
Cable title:
SINDH HIGH COURT RULES IN FAVOR OF AL RASHID TRUST
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C O N F I D E N T I A L ISLAMABAD 002023
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/02/2017
TAGS: PTER KTFN EFIN KPAO PK
SUBJECT: SINDH HIGH COURT RULES IN FAVOR OF AL RASHID TRUST
Classified By: Acting Deputy Chief of Mission James Williams for Reason
s 1.4(b) and (d)
C O N F I D E N T I A L ISLAMABAD 002023
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/02/2017
TAGS: PTER KTFN EFIN KPAO PK
SUBJECT: SINDH HIGH COURT RULES IN FAVOR OF AL RASHID TRUST
Classified By: Acting Deputy Chief of Mission James Williams for Reason
s 1.4(b) and (d)
1. (SBU) Summary: On April 26, the Sindh High Court (SHC)
suspended the Pakistan government's decision to freeze the
assets of Al Rashid Trust (ART) and seal its offices. The
two-member bench, which included the Chief Justice, ruled
there was no justification for the closing of the offices.
This is an interim ruling. The court reconvenes on May 15
for further hearings on the case. For now, the court has
directed the government to partially lift the ban so that ART
will be able to distribute perishable food items and drugs to
the earthquake-affected areas. ART stated they are
contemplating creating another charity in order to "avoid a
repetition of past events." End Summary.
2. (C) On April 26, the Sindh High Court (SHC) issued an
order suspending the government's action of February 18, 2007
that froze the assets and closed the offices of Al Rashid
Trust (ART),as required by UNSCR 1267. This is an interim
order, however it has an immediate, nationwide affect. This
allows ART access to its perishable food and medicine in
order to distribute them to the earthquake-affected areas.
The court also directed ART to distribute the goods through
another charitable organization as the UN order forbids ART
involvement. ART stated they would use Al Amin Welfare
Trust. They also informed a local newspaper they were now
considering forming a new charity in order to "avoid a
repetition of past events." (Note: Embassy is seeking
meetings with Finance Ministry and Social Welfare Ministry
officials on GOP's action plan to keep ART's assets frozen
and offices closed. End Note).
3. (C) The SHC will reconvene on May 15 to more fully
examine the matter. It is likely that they will again find
in favor of ART. In January 2006, this same court overturned
a similar move by the GOP to freeze the assets and close the
offices of ART. At issue is whether UN obligations trump
domestic Pakistani law. The 2006 decision has been appealed
to the Supreme Court, but post sees no movement toward an
expeditious adjudication.
4 (C) Comment: The government appealed the 2006 decision and
presumably will appeal this one as well. The GOP may be
reluctant, however, to press the Supreme Court to hear the
case while the Supreme Court and the Supreme Judicial Council
are hearing the reference against the Chief Justice. End
Comment
BODDE
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/02/2017
TAGS: PTER KTFN EFIN KPAO PK
SUBJECT: SINDH HIGH COURT RULES IN FAVOR OF AL RASHID TRUST
Classified By: Acting Deputy Chief of Mission James Williams for Reason
s 1.4(b) and (d)
1. (SBU) Summary: On April 26, the Sindh High Court (SHC)
suspended the Pakistan government's decision to freeze the
assets of Al Rashid Trust (ART) and seal its offices. The
two-member bench, which included the Chief Justice, ruled
there was no justification for the closing of the offices.
This is an interim ruling. The court reconvenes on May 15
for further hearings on the case. For now, the court has
directed the government to partially lift the ban so that ART
will be able to distribute perishable food items and drugs to
the earthquake-affected areas. ART stated they are
contemplating creating another charity in order to "avoid a
repetition of past events." End Summary.
2. (C) On April 26, the Sindh High Court (SHC) issued an
order suspending the government's action of February 18, 2007
that froze the assets and closed the offices of Al Rashid
Trust (ART),as required by UNSCR 1267. This is an interim
order, however it has an immediate, nationwide affect. This
allows ART access to its perishable food and medicine in
order to distribute them to the earthquake-affected areas.
The court also directed ART to distribute the goods through
another charitable organization as the UN order forbids ART
involvement. ART stated they would use Al Amin Welfare
Trust. They also informed a local newspaper they were now
considering forming a new charity in order to "avoid a
repetition of past events." (Note: Embassy is seeking
meetings with Finance Ministry and Social Welfare Ministry
officials on GOP's action plan to keep ART's assets frozen
and offices closed. End Note).
3. (C) The SHC will reconvene on May 15 to more fully
examine the matter. It is likely that they will again find
in favor of ART. In January 2006, this same court overturned
a similar move by the GOP to freeze the assets and close the
offices of ART. At issue is whether UN obligations trump
domestic Pakistani law. The 2006 decision has been appealed
to the Supreme Court, but post sees no movement toward an
expeditious adjudication.
4 (C) Comment: The government appealed the 2006 decision and
presumably will appeal this one as well. The GOP may be
reluctant, however, to press the Supreme Court to hear the
case while the Supreme Court and the Supreme Judicial Council
are hearing the reference against the Chief Justice. End
Comment
BODDE