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	<title>Pak India Forum</title>
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		<title>SC reserves verdict on 18th amend case</title>
		<link>http://pakindiaforum.com/?p=56</link>
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		<pubDate>Thu, 30 Sep 2010 15:22:49 +0000</pubDate>
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				<category><![CDATA[Pakistan]]></category>

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		<description><![CDATA[ISLAMABAD: Concluding the hearing on the case challenging 18th amendment of constitution, a 17-member larger bench of Supreme Court of Pakistan (SCP) with Chief Justice Iftikhar Mohammed Chaudhry heading the bench, has reserved the verdict on Thursday morning, Geo News reported. Earlier, the judges said in their remarks that it is up to the Parliament [...]]]></description>
			<content:encoded><![CDATA[<p><img src="../pics/supreme-court-pakistan.jpg" alt="" />ISLAMABAD: Concluding the hearing on the case challenging 18th amendment of constitution, a 17-member larger bench of Supreme Court of Pakistan (SCP) with Chief Justice Iftikhar Mohammed Chaudhry heading the bench, has reserved the verdict on Thursday morning, Geo News reported.</p>
<p>Earlier, the judges said in their remarks that it is up to the Parliament to amend the Constitution and set any amendment right.</p>
<p>Today, Rashid A Rizvi, counsel of Sindh High Court (SHC) continued with his arguments before a 17-member SC bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry.</p>
<p>Rizvi said the judiciary in Britain had no power regarding judicial review prior to 1998; accordingly, the Parliament of the country was said to be supreme.</p>
<p>He further said Attorney General and the Law Minister have been expelled from committee and commission meant for appointments of the judges.</p>
<p>Reacting to this, Justice Khalilur Rehman Ramday said this is the procedure not to save the amendment but to butcher it.</p>
<p>Justice Jawwad S Khawja stressed the court cannot say who to be expelled and who else to be included, as this is the job of the Parliament to ‘re-engineer’ the issue.</p>
<p>He further remarked the court could not barge into the limits of the Parliament, as the parliament is there to set right the Constitutional amendment.</p>
<p>Justice Saqib Nisar observed it is the national Constitution that empowers the Parliament to effect Constitutional amendment.</p>
<p>Justice Khalilur Rehman Ramday said the commission for the appointment of judges was made in Britain in isolation from the Executive; but, in Pakistan, the same commission is being instituted at the heart of Executive.</p>
<p>Rashid Rizvi completed his arguments before the interval and Abdul Hafeez Pirzada began with arguments later on after the interval.</p>
<p>Lastly, after conclusion of arguments from counsels and prosecutors, the court has reserved verdict, saying that a detailed judgment will be pronounced instead of short one.</p>
<p>Source <a href="http://thenews.com.pk/latest-news/2074.htm" target="_blank">The News</a></p>
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		<title>Muslims, Hindus, Akhara declared joint holders of Babri Mosque</title>
		<link>http://pakindiaforum.com/?p=52</link>
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		<pubDate>Thu, 30 Sep 2010 15:12:54 +0000</pubDate>
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				<category><![CDATA[India]]></category>

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		<description><![CDATA[ALLAHABAD: An Indian court ruled Thursday that a disputed holy site in Ayodhya with a history of triggering Hindu-Muslim clashes should be divided &#8212; a judgement seen as favouring the Hindu litigants. &#8220;All three sets of parties, i.e. Muslims, Hindus and (Hindu religious organisation) Nirmhoi Akhara are declared joint holders of the property in dispute,&#8221; [...]]]></description>
			<content:encoded><![CDATA[<p><img src="../pics/babri-masjid.jpg" alt="Babri Masjid" /><br />
 ALLAHABAD: An Indian court ruled Thursday that a disputed holy site in Ayodhya with a history of triggering Hindu-Muslim clashes should be divided &#8212; a judgement seen as favouring the Hindu litigants.</p>
<p>&#8220;All three sets of parties, i.e. Muslims, Hindus and (Hindu religious organisation) Nirmhoi Akhara are declared joint holders of the property in dispute,&#8221; Justice S.U. Khan said in a ruling on the website of the Allahabad High Court.</p>
<p>Several of the litigants in the case said they would appeal the judgement to the Supreme Court, meaning the already 60-year dispute will continue in India&#8217;s notoriously slow justice system.</p>
<p>Some 200,000 police and paramilitary forces had been deployed ahead of the court verdict to pre-empt any violent reaction.</p>
<p>In 1992 the demolition of a 16th-century mosque on the Ayodhya site by Hindu activists sparked riots that killed more than 2,000 people, mostly Muslims, in some of the worst sectarian violence since partition of the Indian sub-continent in 1947.</p>
<p>The process to divide the site would begin in three months, the court said.</p>
<p>A third will go to Muslims, a second part will become a temple for Hindus who claim the spot as the birthplace of their god Lord Ram, while another third will go to the Ayodhya-based Nirmhoi Akhara.</p>
<p>Hindu lawyers said the court&#8217;s verdict backed Hindu beliefs that the site was the birthplace of the deity Lord Ram.</p>
<p>&#8220;I am very happy the court has accepted the historic fact and this is a matter of great happiness for Hindus,&#8221; Nritya Gopaldas Maharaj, president of Ram Janam Bhoomi trust, told reporters in Ayodhya.</p>
<p>But Maharaj said his group would appeal in the Supreme Court against the court&#8217;s decision to give a proportion of the site to Muslims.</p>
<p>&#8220;The court has respected the Hindu belief but we will take the matter to the Supreme Court as the fight still remains,&#8221; he said.</p>
<p>Ever since the destruction of the mosque 18 years ago the site has been cordoned off with barbed wire and steel fencing and guarded by troops.</p>
<p>The main Muslim group contesting the case said it was &#8220;partly disappointed&#8221;<br />
by the verdict, which dismissed its claim to ownership of the entire site.</p>
<p>&#8220;The suit of Muslims were liable to be dismissed. But they are still entitled to one third of the site,&#8221; the lawyer for the Babri Masjid Action Committee, Zafaryab Jilani, told reporters.</p>
<p>The government had issued public appeals for calm ahead of the verdict, as well as placing advertisements in newspapers urging respect for the rule of law and mobilising tens of thousands of security forces.</p>
<p>The country has avoided any major outbreak of Hindu-Muslim violence since riots in the western state of Gujarat in 2002 and Home Minister P. Chidambaram expressed his belief Wednesday that the country had changed.</p>
<p>&#8220;India has moved on. Young people have moved on,&#8221; he told a press conference, issuing another appeal for calm.</p>
<p>The High Court ruling turned on three key questions: whether the disputed spot was Ram&#8217;s birthplace, whether the mosque was built after the demolition of a Ram temple and if the mosque had been built in accordance with the tenets of Islam.</p>
<p>Noted constitutional lawyer Rajeev Dhawan said he was disappointed with the ruling and felt the court had shirked its primary responsibility of discerning ownership of the site.</p>
<p>&#8220;If you seek to divide property, you should at least first find out who owns it,&#8221; Dhawan said.</p>
<p>&#8220;This judgement seems to be a judgement where the court has done what it was not supposed to do and said &#8216;We cant answer this question. So we must split it three ways&#8217;.&#8221;</p>
<p>Source <a href="http://thenews.com.pk/latest-news/2096.htm">The News</a></p>
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		<title>Drone attacks do not bother President Zardari</title>
		<link>http://pakindiaforum.com/?p=45</link>
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		<pubDate>Fri, 24 Sep 2010 09:42:41 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Pakistan]]></category>

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		<description><![CDATA[WASHINGTON: A prominent US journalist Bob Woodward has revealed in his book ‘War of Obama’ quoting president Zardari as uttering that the loss of lives caused by US drone strikes in tribal belt in Pakistan did not worry him, adding that he did not care if so bothers Americans. Bob Woodward also rote in his [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://pakindiaforum.com/wp-content/uploads/2010/09/asif-ali-zardari.jpg"><img src="../wp-content/uploads/2010/09/asif-ali-zardari.jpg" alt="" title="Husband of slain Pakistani opposition leader Bhutto gestures during a condolence meeting in Naudero" width="117" height="84" class="alignnone size-full wp-image-46" /></a>WASHINGTON: A prominent US journalist Bob Woodward has revealed in his book ‘War of Obama’ quoting president Zardari as uttering that the loss of lives caused by US drone strikes in tribal belt in Pakistan did not worry him, adding that he did not care if so bothers Americans.</p>
<p>Bob Woodward also rote in his book that President Asif Ali Zardari, after his election, held meeting with the then CIA Director General Michel Hayden on November 12, 2008 in New York.</p>
<p>During the reported meeting, Michel Hayden apprised president Zardari of killings of some US citizens among other tribal people in a US drone attack in Pakistan.</p>
<p>According to book, president Zardari replied that deaths inflicted by drone attacks may bother you Americans but not me.</p>
<p>Senior Taliban commanders should also be targeted; the book also quoted Zardari as wishing.</p>
<p>Source <a href="http://www.geo.tv/9-24-2010/71836.htm" target="_blank">Geo News</a></p>
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		<title>US walks out of Ahmadinejad UN speech</title>
		<link>http://pakindiaforum.com/?p=21</link>
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		<pubDate>Fri, 24 Sep 2010 08:41:15 +0000</pubDate>
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				<category><![CDATA[World]]></category>

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		<description><![CDATA[UNITED NATIONS: Iran&#8217;s hardline President Mahmoud Ahmadinejad provoked yet another controversy Thursday saying a majority of people in the United States and around the world believe the American government staged the Sept. 11 terror attacks in an attempt to assure Israel&#8217;s survival. The provocative comments prompted the US delegation to walk out of Ahmadinejad&#8217;s UN [...]]]></description>
			<content:encoded><![CDATA[<p><a href="../wp-content/uploads/2010/09/ahmedinajad1.jpg"><img title="ahmedinajad" src="../wp-content/uploads/2010/09/ahmedinajad1.jpg" alt="World News" width="200" height="127" /></a><strong>UNITED NATIONS: Iran&#8217;s hardline President Mahmoud Ahmadinejad  provoked yet another controversy Thursday saying a majority of people  in the United States and around the world believe the American  government staged the Sept. 11 terror attacks in an attempt to assure  Israel&#8217;s survival.</strong></p>
<p>The provocative comments prompted the US delegation to walk out of  Ahmadinejad&#8217;s UN speech, where he also blamed the US as the power behind  UN Security Council sanctions against Iran for its refusal to halt  uranium enrichment, a technology that can be used as fuel for  electricity generation or to build nuclear weapons.</p>
<p>Delegations from all 27 European Union nations followed the Americans  out along with representatives from Australia, New Zealand, Canada and  Costa Rica, an EU diplomat said.</p>
<p>Ahmadinejad said the US has allocated $80 billion to upgrade its  nuclear arsenal and is not a fair judge to sit as a veto-wielding  permanent member of the Security Council to punish Iran for its nuclear  activities. Iran denies it is seeking a nuclear weapon.</p>
<p>The Iranian leader _ who has in the past cast doubt over the US  version of the Sept. 11, 2001, attacks _ also called for setting up an  independent fact-finding UN team to probe the attacks. That, he said,  would keep the terror assault from turning into what he has called a  sacred issue like the Holocaust where &#8221;expressing opinion about it  won&#8217;t be banned&#8221;.</p>
<p>Ahmadinejad did not explain the logic behind blaming the US for the terror attacks but said there were three theories:</p>
<p>_That a &#8221;powerful and complex terrorist group&#8221; penetrated US  intelligence and defenses, which is advocated &#8221;by American statesmen.&#8221;</p>
<p>_&#8221;That some segments within the US government orchestrated the  attack to reverse the declining American economy and its grips on the  Middle East in order also to save the Zionist regime. The majority of  the American people as well as other nations and politicians agree with  this view.&#8221;</p>
<p>After Ahmadinejad uttered those words, two American diplomats stood  and walked out without listening to the third theory: That the attack  was the work of &#8221;a terrorist group but the American government  supported and took advantage of the situation.&#8221;</p>
<p>Mark Kornblau, spokesman of the US Mission to the world body, issued a statement within moments of the walkout.</p>
<p>&#8221;Rather than representing the aspirations and goodwill of the  Iranian people,&#8221; he said, &#8221;Mr. Ahmadinejad has yet again chosen to  spout vile conspiracy theories and anti-Semitic slurs that are as  abhorrent and delusional as they are predictable.&#8221;</p>
<p>Ahmadinejad said the US used the Sept. 11 attacks as a pretext to  invade Afghanistan and Iraq, killing hundreds of thousands of people. He  argued that the US, instead, should have &#8221;designed a logical plan&#8221; to  punish the perpetrators and not occupy two independent states and shed  so much blood.</p>
<p>He boasted of the capture in February of Abdulmalik Rigi, the leader  of an armed Sunni group whose insurgency in the southeast of Iran has  destabilized the border region with Pakistan. He praised Iranian  security forces for capturing him in an overseas operation without  resorting to violence. Rigi was later hanged.</p>
<p>Ahmadinejad&#8217;s attacks on the United States and the dispute over  Iran&#8217;s nuclear program dominated the opening of the General Assembly&#8217;s  annual ministerial meeting.</p>
<p>Secretary-General Ban Ki-moon warned kings, prime ministers and  presidents in his keynote address of the growing political polarization  and social inequalities in the world and implored UN members to show  greater tolerance and mutual respect to bring nations and peoples  together.</p>
<p>&#8221;We hear the language of hate, false divisions between &#8216;them&#8217; and &#8216;us,&#8217; those who insist on &#8216;their way&#8217; or &#8216;no way,&#8221;&#8217; he said.</p>
<p>In times of such polarization and uncertainty, Ban said, &#8221;let us  remember, the world still looks to the United Nations for moral and  political leadership.&#8221;</p>
<p>President Barack Obama, speaking soon after, echoed the  secretary-general, warning that underneath challenges to security and  prosperity &#8221;lie deeper fears: that ancient hatreds and religious  divides are once again ascendant; that a world which has grown more  interconnected has somehow slipped beyond our control.&#8221;</p>
<p>The US president&#8217;s 32-minute speech _ more than twice the allotted 15  minutes _ covered global hotspots from Iran and Afghanistan to the  Mideast and North Korea.</p>
<p>Obama said Iran is the only party to the Nuclear Nonproliferation  Treaty &#8221;that cannot demonstrate the peaceful intentions of its nuclear  program&#8221; and as a result the UN Security Council has imposed four  rounds of increasingly tough sanctions.</p>
<p>&#8221;The United States and the international community seek a resolution  to our differences with Iran, and the door remains open to diplomacy  should Iran choose to walk through it,&#8221; he said. &#8221;But the Iranian  government must demonstrate a clear and credible commitment, and confirm  to the world the peaceful intent of its nuclear program.&#8221; – AP</p>
<p>Source <a href="http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/world/19-us-walks-out-of-ahmadinejad-un-speech-hh-01">Daily Dawn</a></p>
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		<title>Afridi to re-consider Test retirement as Pakistan return</title>
		<link>http://pakindiaforum.com/?p=19</link>
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		<pubDate>Fri, 24 Sep 2010 08:39:22 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Sports]]></category>

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		<description><![CDATA[ARACHI: One-day captain Shahid Afridi Friday called Pakistan’s scandal-marred tour of England the “most difficult” of his career as the team staged a low-key return home after four gruelling months away. Coach Waqar Younis also conceded that it had been a punishing tour “on and off the field” after corruption investigations engulfed the side, triggering [...]]]></description>
			<content:encoded><![CDATA[<p><strong><a href="http://pakindiaforum.com/wp-content/uploads/2010/09/shahid-afridi1.jpg"><img class="alignnone size-full wp-image-30" title="shahid-afridi" src="../wp-content/uploads/2010/09/shahid-afridi1.jpg" alt="Shahid Afridi" width="180" height="179" /></a>ARACHI: One-day captain Shahid Afridi Friday called  Pakistan’s scandal-marred tour of England the “most difficult” of his  career as the team staged a low-key return home after four gruelling  months away.</strong></p>
<p>Coach Waqar Younis also conceded that it had been a punishing tour  “on and off the field” after corruption investigations engulfed the  side, triggering a barrage of condemnation from the press and public.</p>
<p>An exhausted-looking Afridi flew in to Karachi with three team-mates  while the rest of the squad arrived in Lahore in the early hours, with a  phalanx of gun-toting policemen escorting the players out of both  airports.</p>
<p>“It was tough because of the controversies and became very difficult  to cope with, because every time we went out of the hotel people passed  remarks against us,” Afridi told a scrum of reporters in Karachi.</p>
<p>“Because of the controversies on the tour, it was the most difficult  tour of my 14-year career,” the explosive all-rounder added.</p>
<p>The tour ended on Wednesday with Pakistan losing the one-day series 3-2.</p>
<p>England also took the Test and Twenty20 series.</p>
<p>The tour will be remembered less for the on-field play and more for  the off-field revelations by British tabloids that sparked  investigations by Scotland Yard and the International Cricket Council  (ICC).</p>
<p>Allegations of spot-fixing in the Lord&#8217;s Test against England  engulfed Test captain Salman Butt along with bowlers Mohammad Aamer and  Mohammad Asif. All three were questioned by British police and returned  home early to Pakistan.</p>
<p>The ICC launched another probe into a suspicious scoring pattern by  Pakistan in the third one-day match at The Oval on September 17,  prompting Pakistan&#8217;s cricket chief to hurl corruption allegations in  turn against England.</p>
<p>The Pakistan Cricket Board on Thursday hired lawyers to reply to a  legal notice filed by English officials demanding an “unreserved  apology” over the allegations by PCB chairman Ijaz Butt.</p>
<p>Butt had accused England players of deliberately losing The Oval  match in return for “enormous amounts of money”, prompting passionate  denials by England. There was also an off-field altercation between  rival players.</p>
<p>Afridi said team unity had remained intact despite the storm of controversy.</p>
<p>“The best part of the whole tour was that the players showed unity  even in difficult times and gave a good fight in the one-day series  against England,”he said, while also hinting at a return to Test  cricket.</p>
<p>“I will think about it and if the team needs it, I may consider  playing the Test series against South Africa,” he said, ahead of the  Proteas encounters starting late next month on neutral turf in the  United Arab Emirates.</p>
<p>Foreign teams have shunned tours of Pakistan since Sri Lanka were  attacked by gunmen near Lahore&#8217;s Gaddafi stadium in March 2009. Seven  Sri Lankan players and a coach were wounded in the attack, which killed  eight Pakistanis.</p>
<p>Pakistan began their troubled summer tour with matches against  Australia in England, winning both Twenty20 matches and squaring the  two-Test series 1-1.</p>
<p>Waqar, one of Pakistan&#8217;s greatest bowlers, said the tour&#8217;s length had taken its toll.<br />
“If  you take into account the tour to Sri Lanka before we went to England,  it was four months on the trot and the tour of England was difficult  both on and off the field,” the coach said on his arrival in Lahore.</p>
<p>“We had successes against Australia which were pleasing,” Waqar added.</p>
<p>“But because of the controversies it was tough against England,  because you need to go to extra effort to gee up the players when you  see a report in the newspaper every other day.” – AFP</p>
<p>Source <a href="http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/cricket/44-pakistan-return-home-after-disastrous-cricket-tour-fa-02">Daily Dawn</a></p>
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		<title>Tough competition expected in India: Aisam</title>
		<link>http://pakindiaforum.com/?p=17</link>
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		<pubDate>Fri, 24 Sep 2010 08:37:36 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Sports]]></category>

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		<description><![CDATA[LAHORE: Pakistan’s top tennis player Aisam-ul-Haq Qureshi has said the competition in the upcoming Commonwealth Games in New Delhi will be tough. He was talking to reporters at the Bagh-i-Jinnah courts where the short training-camp for the games started on Wednesday. Aisam said his pair with Aqeel Khan would be unseeded at the event. He [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://pakindiaforum.com/wp-content/uploads/2010/09/aisam-ul-haq.jpg"><img class="alignnone size-full wp-image-34" title="aisam-ul-haq" src="../wp-content/uploads/2010/09/aisam-ul-haq.jpg" alt="" width="180" height="147" /><br />
<strong></a>LAHORE: Pakistan’s top tennis player Aisam-ul-Haq Qureshi has  said the competition in the upcoming Commonwealth Games in New Delhi  will be tough. He was talking to reporters at the Bagh-i-Jinnah courts  where the short training-camp for the games started on Wednesday.</strong></p>
<p>Aisam said his pair with Aqeel Khan would be unseeded at the event.</p>
<p>He  added that they were to face top players from Australia and New  Zealand, who play on the international circuit throughout the year.</p>
<p>Aqeel will join the camp from Thursday, as Aisam practised with non-playing captain Mohammad Khalid.</p>
<p>Aisam  said he had played with Aqeel a good number of doubles’ matches in the  Davis Cup and they both had good understanding. “We have played around  18 Davis Cup doubles together,” Aisam said, who recently earned the  biggest achievement of his 15-year-long career by playing the finals of  the US Open’s men’s and mixed doubles.</p>
<p>Aisam said he had a  hectic programme in the coming days as he would be playing at Shanghai  Open, Paris Open, Master Open and Australian Open.</p>
<p>He said his  recent achievement had improved his doubles’ ranking to six that helped  him to play the Master Open in London for the first time, where only  top-eight players participate.</p>
<p>“I will try my best to maintain my doubles’ ranking or improve it,” he said.</p>
<p>He  said many international players were ready to play charity matches in  Pakistan to generate funds for the flood-affected people and now it was  up to the government and the PTF to raise sponsorship. Pakistan  contingent is scheduled to leave for New Delhi on Sept 29. —Sports  Reporter.</p>
<p>Source <a href="http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/sport/tough-competition-expected-in-india-aisam-390">Daily Dawn</a></p>
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		<title>PM advised not to write letter to Swiss govt</title>
		<link>http://pakindiaforum.com/?p=13</link>
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		<pubDate>Fri, 24 Sep 2010 08:30:47 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Pakistan]]></category>

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		<description><![CDATA[ISLAMABAD: The defiant bosses of the Federal Law Ministry have sent a loud and clear written message to the Prime Minister Yousuf Raza Gilani that Asif Ali Zardari can be put on trial in the light of the Supreme Court’s verdict on the NRO only after he completes his five years tenure in his office [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://pakindiaforum.com/wp-content/uploads/2010/09/yousaf-raza-gillani.jpg"><img class="alignnone size-full wp-image-36" title="Yousuf Raza Gilani, Nawaz Sharif" src="../wp-content/uploads/2010/09/yousaf-raza-gillani.jpg" alt="" width="171" height="200" /></a>ISLAMABAD: The defiant bosses of the Federal Law Ministry have sent a  loud and clear written message to the Prime Minister Yousuf Raza Gilani  that Asif Ali Zardari can be put on trial in the light of the Supreme  Court’s verdict on the NRO only after he completes his five years tenure  in his office and SC judges should be requested to “defer”  implementation of the judgment till 2013, when Mr Zardari would walk out  of the presidency.<br />
In a major related development, Chief Justice  Iftikhar Muhammad Chaudhry who was set to proceed to the USA along with  his spouse on September 25 to give a lecture there about Pakistan’s  judiciary’s role in the present political set-up, has suddenly cancelled  his trip, keeping the dramatic developments within the country in view,  particularly the hearing of the implementation of the judgment of the  NRO case.<br />
The 52 page long summary, whose one copy to be presented  before the SC bench on Friday, has given two pieces of advice to the  prime minister, which are set to create a huge storm in the courtroom as  its recommendations might not be appreciated by the judges. This  summary, exclusively available with The News, has apparently drawn  battle lines between a besieged PPP government and a persistent Supreme  Court.<br />
The summary has given options to the PM Gilani. In its first  option, Law Ministry summary said the investigations in the Swiss cases  have already been closed as reported by the Swiss prosecutor general  which was also endorsed by the former Attorney General of Pakistan Anwar  Mansoor Khan.<br />
Secondly, it said, the judgment of the SC could be  implemented subject to the law and the constitution after the present  president Zardari completes his tenure as the elected president of  Pakistan and SC may be requested to defer the implementation of the  judgment till then.<br />
To many insiders, ten months old tug of war  between SC and Government since NRO judgment on December 16, 2009 has  finally entered into last phase as the countdown begins and government  too was now in a mood to do or die this time, instead of withdrawing  from the front as it has been happening in the past. The sources said,  the summary sent to the prime minister Gilani contained the same  arguments which the Law Minister Dr Babar Awan had explained before the  SC bench when he along with several federal ministers had appeared  before them after he was summoned by the court.   The official summary  has also given the whole background of NRO case to the prime minister  and even the orders passed by the courts on different occasions have  also been made part of the summary. The petitions and replies of the law  ministry through law former laws secretary Aqeel Mirza, and former  Attorney General of Pakistan Anwar Mansoor submitted to the court in  response to those short orders too have been made part of this explosive  summary.<br />
The sources said even PM Gilani was now mentally ready to  face any eventuality to protect his besieged president, as he believed  that Mr. Zardari fully enjoyed immunity under the constitution of  Pakistan and he would not yield to pressure to write letter to Swiss  authority in the light of directions passed by the supreme court of  Pakistan.<br />
Prime Minister Gilani has been told in the official  summary that if SC directions were implemented which were not in line  with the constitution of the country, then Pakistan would be required to  hand over its democratically elected president of another foreign as it  would tantamount to surrendering hard earned sovereignty of 180milion  people of Pakistan.<br />
Law Ministry secretary Masood Chishti in his  summary has also informed the prime minister that a sovereign state  cannot be expected to hand over its serving president who also happens  to be the supreme commander of the armed forces.<br />
Meanwhile, the  official summary has also brought into the notice of the prim minister  that directions of the SC in NRO case have been complied with.  Therefore, no further action lies. It said, the sovereignty of Pakistan  anchored in its ideological basis is scared trust held by the chosen  representatives of people of Pakistan the constitutional edifice  culminates this will in the office of president of Pakistan presently  held by Asif Ali Zardari. Therefore, exposing the constitutionally  elected president of Pakistan to prosecution in foreign lands will  tantamount to surrendering hard earned sovereignty of 180million  Pakistanis.<br />
Giving more reasons to oppose writing of any letter to  Swiss authorities against the president of Pakistan, the law ministry  said, according to the constitution, the parliament comprises the  president and the two houses of parliament namely the national assembly  and senate is repository of this authority of the state. This is an  inalienable and indivisible composition. Any attempt that militates  against this composition amounts to destroying the constitutional  arrangements. The scheme and structure of the constitution postulate  categorical parameters pertaining to the office of president of  Pakistan. Hence the office of president cannot be denied and deprived of  this representative capacity to vanguard the sovereignty and unity of  the republic. Putting this office to prosecution will jeopardize the  constitutionally conceived and democratically designed unity of the  designed republic.<br />
It said, no sovereign state can afford to  surrender its sovereignty in an simplicity or explicit manner which  offend the constitution. The order of the closure of the proceeding by a  Swiss authority, having not been appealed against, ahs attained  finality, therefore, any effort for revival of the cases does not offer  logical positivity and would have no extra territorial validity. It  said, there is no possibility of the revival of the cases under the  Swiss laws, as the order of the public prosecutor of the said country  has become absolute, therefore, no further step is required. The summary  said, any attempt to do otherwise would become counter productive and  embarrassing for the Pakistan in comity of the nation.  It said, for all  practical purposes this issue has become a past and closed transaction.  And no further action is required.<br />
The summary said, the president  being head of the state component of parliament of Pakistan and the  supreme commander of the armed forces of Pakistan can not be surrendered  to the jurisdiction of a sovereign government/foreign state or a court  under any circumstances.  Under article 10A of the constitution of the  Pakistan every person in Pakistan shall be entitled to a fair trial and  due process. In the instant case, this fundamental right referred has  been complied with as no notice or other due process/procedure required  under the law has been followed nor any opportunity of proper hearing  was afforded.<br />
The summary also pointed out that SC had failed to  consider the doctrine of the past and closed transaction when passing  the short order. It said, SC erred in saying that the then AG need to  show to the SC an order or authority to address communication to various  authorities/courts and foreign countries including Switzerland.  This  court did not fully appreciate that on the same logic the original  request by the then AG in 1997 addressed to the Swiss authorizers to  institute proceeding, was without lawful authority and of no legal  effect.<br />
It said by virtue of international law doctrine of extra  territoriality of the SC erred that it had the power to direct the  federal government to revive the requests, claims and status of  cases/proceeding outside of Pakistan. Vide letter October 7, 1997,  written by the then AG false proceedings were initiated in the name of  the so called mutual assistance against Benazir Bhutto and Begum Bhutto  along with co accused. The malice of the then government is evident from  the government of the letter which itself says that it is written at  the behest of PML N Senator Saifur Rehman the then chairman Ehtasb  Bureau, which had formed the federal government. It is admitted position  from the record that the entire exercise of implicating Benazir Bhutto  and Begum Bhutto was sheer prosecution and motivated by political  vengeance and victimization.<br />
PM Gilani has been told that the first  step taken by Holy Prophet (PBUH) took in Madina was of the  reconciliation vide Mithaq Medina and in view of article 2-A of the  constitution 1973, the preamble of the constitution, no grater  precedence can be presented in the court. The judgment under review  failed to take note of it, hence this review.<br />
PM Gilani has been  also informed in the summary that the Dicey book on rule of law had been  referred to widely to but the chapter of democracy or supremacy of  parliament had altogether been ignored. If according to the Dicey the  parliament says black as white and white as black, no body could  challenge this. This aspect is an error which cannot be ignored in a  country where its political system as per constitution is based on  parliamentary democracy.<br />
It said, the NRO therefore, enabled leaders  of the main political parties to return to Pakistan and participate in a  free and fair elections and paved the way for the transition from  military dictatorship to democracy. This process of reconciliation  eventually led to the restoration of democracy y in the country  resulting in to release of the detained judiciary and their eventual  restoration by the democratic government. The nation as a whole did  derive direct benefit from the NRO in a return to democracy, a military  dictator shedding his uniform and a better political atmosphere of  tolerance between the government and the opposition parties. More  importantly, the entire nation is benefiting from an independent  judiciary, the summary said.<br />
The summary said, this is a matter of  record that some leaders (Shahbaz Sharif-Nawaz Sharif) prior to the  national reconciliation ordinance tried to enter into their homeland in  Lahore as well as in Islamabad but they were packed back and no body  could rescue them from the clutches of those who forcibly ousted them  from the territory of their own.<br />
It said, the SC also erred in  suggesting that national reconciliation cannot apply to the ordinary  crimes. On the contrary if amnesty can be given even to the crimes  recognized internationally there is no reason why the dropping of other  type of the cases cannot be allowed in terms of national reconciliation.  The key consideration is the victimization behind the alleged crime  rather than the crime itself and reconciling the wounds of the nation  after many years of political victimization which obstructed democratic  progress it may be noted that during the regime of general Musharraf  political leaders facing similar charges were granted pardons and  released and allowed to travel abroad upon simple applications and  without suspension of their sentences from the courts or even without  having any recourse to the judicial system of eth country. Such releases  and orders between the two individual, however, remained always intact  and valid.<br />
PM Gilani has been told that rather than striking down  the NRO in its entirety the SC on the touchstones of the sanctity of  statues ought to have suggested amendments to the mechanics of its  functioning or any section if it deemed unconstitutional as the Court  has done in numerous cases. In this matter the case of Hisba Bill passed  by assembly of Pakhtunkawa province is one recent example which could  be cited. It is important to note that the judgment is against the  injection of Quran and Sunnah of holy prophet (PBUH) and this view is  upheld by this court in the case of Benazir Bhutto.</p>
<p>Source <a href="http://thenews.com.pk/24-09-2010/Top-Story/811.htm">The News</a></p>
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		<title>Dr Aafia sentenced to 86 years in prison</title>
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		<pubDate>Fri, 24 Sep 2010 08:28:56 +0000</pubDate>
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				<category><![CDATA[Pakistan]]></category>

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		<description><![CDATA[NEW YORK: A US federal court on Thursday sentenced Dr Aafia Siddiqui to 86 years in prison for the attempted murder of US officers in Afghanistan, in a high-profile case closely watched in Islamabad. Aafia Siddiqui, 38, a neuroscientist trained at the Massachusetts Institute of Technology, was found guilty by a jury in February for [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://pakindiaforum.com/wp-content/uploads/2010/09/dr-afia.jpg"><img src="../wp-content/uploads/2010/09/dr-afia.jpg" alt="" title="dr-afia" width="200" height="121" class="alignnone size-full wp-image-49" /></a><br />
NEW YORK: A US federal court on  Thursday sentenced Dr Aafia Siddiqui to 86 years in prison for the  attempted murder of US officers in Afghanistan, in a high-profile case  closely watched in Islamabad.<br />
Aafia Siddiqui, 38, a neuroscientist  trained at the Massachusetts Institute of Technology, was found guilty  by a jury in February for allegedly trying to kill American servicemen  in Afghanistan.<br />
“It is my judgment that Dr Siddiqui is sentenced to a  period of incarceration of 86 years,” judge Richard Berman told  Thursday’s hearing. As the sentence was read out, a woman among about a  dozen Siddiqui supporters in court yelled: “Shame, shame on this court!”<br />
But  Dr Aafia repeatedly pleaded with Muslims to take her sentencing calmly.  “Forgive everybody in my case, please&#8230;. And also forgive Judge  Berman,” she said, as her legal team said an appeal would be lodged.<br />
“The  important part is that an appeal go forward and that those errors be  addressed, because there were a lot of errors in this case,” attorney  Charles Swift told journalists after the hearing.<br />
Dr Aafia, a mother  of three, was found guilty by the US court of grabbing a rifle at an  Afghan police station in the town of Ghazni where she was being  interrogated in July 2008 and trying to gun down a group of US  servicemen.<br />
Prosecutors said she had picked up the rifle and opened  fire on US servicemen and FBI representatives trying to take her into  detention. She missed and in a struggle was herself shot by one of the  US soldiers.<br />
Defence lawyers argued there was no physical evidence,  such as finger prints or gunpowder traces, to show Dr Aafia even grabbed  the rifle. Dr Aafia, her face wrapped in an ivory-white shawl, denied  shooting at US officers and said in rambling court commentaries that she  had been held in secret prisons for years and tortured at the Bagram US  military base near Kabul, where she was “brainwashed.”<br />
A  frail-looking woman who excelled in her US studies, Siddiqui featured on  a 2004 US list of people suspected of al-Qaeda links. Her case had  already attracted the attention of human rights groups after she  disappeared for five years. And protests erupted in Pakistan in February  when she was found guilty by the New York court.<br />
Family members and  some human rights groups said Dr Aafia was imprisoned by US forces after  disappearing along with her three children in Pakistan in 2003 and that  she is now mentally disturbed.<br />
Her lawyers tried to prove Dr Aafia,  who reported disturbing hallucinations involving her missing children,  was insane. However, a judge ruled her fit to stand trial. Although she  was not charged with terrorism, prosecutors described her as a would-be  terrorist who had also plotted to bomb New York. And the trial failed to  shed light on the mystery of what had happened to the petite,  academically brilliant mother of three.<br />
Human rights groups have long  speculated she may have been secretly imprisoned and tortured at the US  base in Bagram, Afghanistan. Aafia Siddiqui vanished in Pakistan at a  time of intense efforts by US-backed local security forces to root out  al-Qaeda. And relatives believe she may have been grabbed in one of the  operations. But the US military has denied she was ever held at the  base.<br />
Our correspondent adds: Dr Aafia Siddiqui was handed a total  of 86 years of prison term on seven separate counts. According to  initial details she was handed down 20-year terms each on three counts  while the other counts carried lesser sentences. With these sentences  set to run concurrently her sentence would effectively mean a 20-year  incarceration period.<br />
APP adds from Islamabad: The Jamiat  Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman has cancelled his  US visit to record his protest against the US court decision to  sentence Dr Aafia to 86 years imprisonment.<br />
While strongly condemning  the US court’s verdict, the JUI-F chief termed it an attack on  Pakistani nation. He said the US court by making such a decision has  proved itself to be an institution of cruelty.<br />
Meanwhile, Punjab  Chief Minister Shahbaz Sharif in a statement condemned the US court’s  verdict and termed it a crime against humanity. He said this decision  has very much disappointed Pakistani nation. He said that Pakistan  should not keep quite and play its role for the cancellation of this  brutal punishment.<br />
The Muttahida Qaumi Movement (MQM) chief Altaf  Hussain has also criticised Dr Aafia’s sentence and demanded of the US  government to withdraw the sentence. Minister of State for  Communications Chaudhry Imtiaz Safdar Warraich said that Pakistan would  continue extending legal assistance to Dr Aafia.</p>
<p>Source: <a href="http://thenews.com.pk/24-09-2010/Top-Story/812.htm">Daily News</a></p>
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		<title>Rights in South Asia</title>
		<link>http://pakindiaforum.com/?p=8</link>
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		<pubDate>Fri, 24 Sep 2010 08:26:20 +0000</pubDate>
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				<category><![CDATA[India]]></category>

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		<description><![CDATA[By I.A. Rehman Whenever activists get together to take stock of the situation of human rights in South Asia, they find little cheer other than in their own struggle. A two-day conference in the Indian capital last week did not prove to be an exception. The devastation caused in Pakistan by floods weighed heavily on [...]]]></description>
			<content:encoded><![CDATA[<p>By I.A. Rehman<br />
<a href="http://pakindiaforum.com/wp-content/uploads/2010/09/pak-india-pm.jpg"><img src="../wp-content/uploads/2010/09/pak-india-pm.jpg" alt="" title="pak-india-pm" width="200" height="217" class="alignnone size-full wp-image-43" /></a><br />
<strong>Whenever activists get together to take stock of the situation  of human rights in South Asia, they find little cheer other than in  their own struggle. A two-day conference in the Indian capital last week  did not prove to be an exception.<br />
</strong><br />
The devastation  caused in Pakistan by floods weighed heavily on the minds of delegates  coming from all attending Saarc states. This offered a measure of mutual  understanding that human rights campaigners in the region have  succeeded in developing despite the efforts of slow-moving bureaucrats  in nearly all parts of South Asia to reduce the space for civil society  organisations as much as possible.</p>
<p>However, expression of  sympathy and solidarity with the flood-affected masses was accompanied  by serious concerns about the inability of the international community,  especially its South Asian component, to extend adequate succour to  Pakistanis faced with an unprecedented disaster. A particularly sore  point was the failure of Saarc to operationalise, or even to recall, the  protocol on regional disaster management. It was not possible to  understand why no member state could invoke the regional accord.</p>
<p>Allegations  were made, with considerable vigour, that Pakistan had not devised a  clear policy for accepting aid in kind from civil society organisations  and elements (such as doctors, pharmaceutical dealers and farmers) in  the neighbouring countries. This is something the Pakistan establishment  must immediately address and remove any obstacles, real or imagined, to  the flow of people-to-people aid supplies from across South Asia,  including India. For one does not wish to believe any state authority  will be guided by confrontationists to the extent of spurning aid offers  from neighbours. Cross-border cooperation in humanitarian endeavours  will surely strengthen the concept of South Asian identity and a shared  destiny, a fact that was amply confirmed when Edhi and some other  Pakistanis went to the Indian state of Gujarat a few years ago to  provide relief to earthquake victims.</p>
<p>It was impossible for even  the most cautious human rights activists from the region to ignore the  wave of killings in the Kashmir Valley and Sri Lanka’s march towards  authoritarianism, the large number of extra-legal killings there and the  unbearable strain on the media. But the conference was perhaps held  back by the danger of its intervention causing more harm than good,  particularly in view of the highly charged climate in which these issues  were being approached by the parties concerned. They therefore  contented themselves with regretting the loss of life in Kashmir and  extra-democratic trends in Sri Lanka and called for sincere efforts to  avoid derogation of human rights in any form and in any situation.</p>
<p>On  Afghanistan, however, the discussion was considerably frank and candid.  There was a fair measure of accord on the urgency of allowing the  Afghan people much greater say in shaping their destiny than they have  apparently been granted so far. It was strongly argued that some of the  external actors strutting across the ravaged Afghan landscape were part  of the problem and not its solution. The common view was that instead of  competing for an exclusive right to courting Afghanistan, India and  Pakistan should respect each other’s interests in the area and jointly  lead a South Asian initiative to secure peace, justice and democracy in  the war-torn land.</p>
<p>The release and repatriation of about 450  Indian fishermen that had been held in Pakistan was the only matter that  brought some comfort to the delegates. The initiative taken by civil  society organisations was lauded and the prompt and sympathetic  intervention by the apex courts of both Pakistan and India was  considered a good augury for the resolution of matters related to the  imprisonment of a Saarc country’s nationals in another country in the  region. Essentially the issue concerned Pakistani and Indian prisoners  in each other’s jails, a stigma the two governments have been  extraordinarily tardy in erasing.</p>
<p>The conference therefore made  an emphatic demand for a South Asian convention/protocol to address the  issue of prisoners, including such matters as their trial in an alien  land, consular access, relief for those who suffer heavily for  unintended violation of cross-border traffic rules, and repatriation of  prisoners to their home countries immediately after the completion of  their sentences and even before that.</p>
<p>The central issue the  conference tried to tackle was terrorism. There was complete unanimity  among the participants that terrorism presented the gravest threat to  the stability, integrity and representative rule of all South Asian  countries, including any faction or group that expected to benefit from  any brand of terrorism. The participants agreed that instead of allowing  themselves to be divided by terrorism, the South Asian states should  forge a united front against the menace.</p>
<p>At the same time the  conference strongly criticised the abuse of due process and basic rights  through counter-terrorism measures. The specific matters that came  under attack were extra-legal killings, unlawful detention, interference  with judicial processes, an increasing premium on impunity and  involuntary disappearances. The conference called upon all South Asian  states to ratify and implement the UN Convention on Involuntary  Disappearances and work out a strategy to jointly deal with both  terrorism and counter-terrorism activities in a rational manner and with  due respect for all citizens’ basic entitlements.</p>
<p>The strains  on democratic norms in the various parts of South Asia generated a  lively debate. In the end an agreement was reached on the need to  regenerate healthy and transparent politics across South Asia. It was  necessary for the people, especially the youth, to end their  indifference or apathy to politics and free their political parties and  state institutions from the stranglehold of inefficient, corrupt and  self-serving cliques.</p>
<p>The human rights activists who tried to  examine the afflictions causing distress and worse to their societies  had no illusions about their importance or strength. They were, however,  fortified by the belief that the voice of those who shared the  hard-pressed communities’ aspirations and anxieties had a better claim  to public space in the media and elsewhere than the antics and harangues  of spurious politicos that no person sound of head and heart could own.</p>
<p>Source <a href="http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/columnists/i-a-rehman-rights-in-south-asia-390">Daily Dawn</a></p>
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		<title>Indias $10m bribe to win Commonwealth Games</title>
		<link>http://pakindiaforum.com/?p=6</link>
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		<pubDate>Fri, 24 Sep 2010 08:23:51 +0000</pubDate>
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				<category><![CDATA[India]]></category>
		<category><![CDATA[Sports]]></category>

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		<description><![CDATA[SYDNEY: Australia received a $125,000 kickback after India won the Commonwealth Games in a $10 million palm-greasing exercise that has spectacularly backfired. Delhi sealed the right to host the Games when their delegates emerged at the final presentation in Jamaica and offered all 72 nations $US100,000 (then about $140,000) each for athlete training schemes if [...]]]></description>
			<content:encoded><![CDATA[<p>SYDNEY: Australia received a $125,000 kickback after India won the  Commonwealth Games in a $10 million palm-greasing exercise that has  spectacularly backfired.</p>
<p>Delhi sealed the right to host the  Games when their delegates emerged at the final presentation in Jamaica  and offered all 72 nations $US100,000 (then about $140,000) each for  athlete training schemes if they were the successful bidders.</p>
<p>The  money, subsequently paid to all nations, was not significant to  Australia because it had already decided to vote for India and the  payment was not an exceptionally large one.</p>
<p>But for small nations  who have minimal interest in the Games, it clinched their vote and  India went on to beat Canadian city Hamilton 46-22 in the final poll.  Hamilton had offered the nations about $70,000 each.</p>
<p>Hamilton&#8217;s  bid organisers, and many of the nations who voted for them, fired off  angry protests about India buying votes and the bad blood generated  between several feuding nations still exists.</p>
<p>The Commonwealth  Games Association has decided to ban 11th-hour inducements as a  consequence of the outrage over India&#8217;s tactics.</p>
<p>The revelation  comes as photos and video footage taken secretly inside the Games  compound show just how squalid the athletes&#8217; village is.</p>
<p>Undercover  reporters from The Australian and The Daily Telegraph reported seeing  filthy toilets, widespread flooding and children defecating in the  street.</p>
<p>The images raise more questions about India&#8217;s ability to  bring the Games facilities up to scratch before the opening ceremony on  October 3.</p>
<p>The India Prime Minister Manmohan Singh called an  emergency meeting of his ministers last night to deal with the crisis  and Commonwealth Games chief Mike Fennell was flying into Delhi early  today to meet Singh and Games officials.</p>
<p>Delhi Chief Minister  Sheila Dikshit met national team leaders from 25 countries to discuss  their concerns about the athletes&#8217; village</p>
<p>Australian team  general manager Perry Crosswhite said the workforce of cleaners and  maintenance staff had increased &#8220;ten-fold&#8221; in the village yesterday.</p>
<p>&#8220;They have elevated their response and brought in people who have the power to make it happen,&#8221; Crosswhite said.</p>
<p>As  well as an army of cleaners, bomb squad officers and dogs have been  deployed outside the village as security forces took control, weeks  after the original scheduled lockdown deadline.</p>
<p>Source: <a title="The News" href="http://thenews.com.pk/latest-news/1753.htm">The News</a></p>
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