Tag Archives: disqualified

Arsalan Iftikhar case: Asma voices concern over one-man commission

LAHORE: Former president of the Supreme Court Bar, Asma Jahangir on Monday said that the officer tasked by the SC to investigate the Arsalan Iftikhar case has close ties with the chief justice’s son and cannot be trusted to conduct a transparent investigation, DawnNews reported.

Speaking to media representatives at the Lahore High Court (LHC), Jahangir remarked that the UK’s Scotland Yard should be called in to probe the Arsalan Iftikhar case if Pakistani institutions are deemed unreliable.

Jahangir alleged that Shoaib Suddle, the investigating officer, is also known to regularly attend Arsalan Iftikhar’s events, she said, adding that he could not be expected to conduct a transparent investigation into the case.

Pakistan’s apex court is investigating allegations of a Rs342 million business deal between Dr Arsalan, son of Chief Justice Iftikhar Mohammad Chaudhry, and business tycoon Malik Riaz.

On Aug 30, the Supreme Court had accepted a review petition against its own earlier order, appointing Federal Tax Ombudsman Dr Mohammad Shoaib Suddle as the one man-commission to probe the controversial case. The commission is required to complete the task in a month.

Criticising the court’s decision, Jahangir said that if there were any questions over the National Accountability Bureau’s (NAB) investigating team, then the team could have been changed instead of changing the whole verdict.

Continue reading Arsalan Iftikhar case: Asma voices concern over one-man commission

Chief Justice of Pakistan, Iftikhar Chaudhry is a Mullah Omar of Pakistan; says Senator Faisal Raza Abdi

Language of the talk show is urdu (Hindi).

http://youtu.be/wQHtmP9iano

Courtesy: ARY News Tv (Talk show ‘Agar‘ with Aamir Ghori Faisal Raza Abdi – 24th August 2012)

Via » ZemTV » YouTube

Sheikh Rashid, ex-minister & now Imran Khan’s ally, exhorts Iftikhar Chaudhry, Chief Justice of Pakistan, to “kill” President Zardari

http://youtu.be/zaCwS4NGQ38

Courtesy: Duniya Tv » YouTube

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PAKISTAN PERISCOPE – The case of exploding lawsuits

As the Supreme Court ups the ante against the new prime minister, the battle between various stakeholders in Pakistan is likely to get intense

By: Ayesha Siddiqa Independent Social Scientist

Excerpts

…. the most challenging act seems to be the case against Chief Justice Iftikhar’s son Arsalan Iftikhar. Allegedly, Arsalan blackmailed real estate tycoon Malik Riaz into paying him more than PKR 36 crore in bribe for getting favourable judgments in cases being heard in the Supreme Court. Although nothing has been definitely proven against him as yet, the glitterati of Lahore talk about Arsalan’s extravagant lifestyle, which comes as a surprise since he didn’t have a job three years ago. The Chief Justice comes from a humble background and claims to have no property, a statement that adds to the complexity of his son’s fortune. Riaz, who is considered as being close to both the military and Zardari, has continued to point fingers at Arsalan, his father and the entire family for extorting money and favours out of him.

The Arsalan-Riaz case is now being heard by the Supreme Court and probed independently by a Joint Investigation Team (JIT) comprising members from the country’s prime anti-fraud agency, the National Accountability Bureau, the Islamabad Police and the Federal Investigation Agency. Clearly, this is a card in the government’s hand that Chief Justice Iftikhar and his team of close aides seem to try to destroy by casting aspersions on the JIT’s credibility. It is not a coincidence that after every hearing by the JIT, there is an effort by the pro-Chief Justice wing of a certain media group to point fingers at the credibility of JIT. The effort increases around every hearing by the court or the investigating team.

The yet-to-be-proven case of extortion and the players involved in it make the head spin at the complexity of the case. According to sources, Riaz, who is reputed to be an “ISI asset”, could not have taken the risk of so brutally challenging the Chief Justice without taking the security establishment on board. The question is how does one juxtapose this assumption against another that the higher judiciary has the army’s support to destabilise the government?

Continue reading PAKISTAN PERISCOPE – The case of exploding lawsuits

Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Debate begins on whether DG ISI, MI can be booked

By: Ahmad Noorani

ISLAMABAD: For the first time in country’s history, the Punjab Police have registered an FIR against the chiefs of the Inter Services Intelligence (IsI) and Military intelligence in a missing person’s case in compliance with the Islamabad High Court orders.

The Punjab police action has sparked a new debate as to whether police can book chiefs of major intelligence agencies of the country.According to details, one Naveed Butt, spokesman of banned Hizbul Tehrir was allegedly picked up by the agencies on May 11, 2012, outside his home in Lahore in area of Liaqatabad Police Station. Saadia Rahat, a lawyer and wife of Naveed Butt, moved the Islamabad High Court (IHC) against abduction of her husband and also moved an application in the Police Station concerned.

On May 14, 2012, the IHC ordered the Punjab Police to recover the missing person and act under the law. However, Naveed was not recovered and on June 26, 2012, the Punjab Police registered an FIR based on the application of Naveed’s wife.

The FIR is captioned: ‘FIR against DG ISI, Deputy Director ISI, Lahore, DG MI, Rawalpindi, Deputy Director MI, Lahore,” and numbered 566/12 PS Liaqtabad, Lahore. Some experts say that an FIR could not be registered against the intelligence chiefs of the country while others disagree with this view.

After registration of the FIR, the Punjab Police immediately took action against the SHO Rana Khursheed of the police station concerned and made the concerned SP, Athar Waheed, an OSD, considered to be a punishment in bureaucratic parlance.

Raja Irshad, senior lawyer, who represented the ISI in many cases, when approached by The News, said that registering of FIR against the DG ISI and DG MI is a ‘wrongful and ‘illegal act’.

Continue reading Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Contempt law case: SC rejects federation’s request for full court

ISLAMABAD: The Supreme Court on Monday rejected the federation’s request of a full court to hear the petitions against the recently passed contempt of court law, DawnNews reported.

A five-judge bench of the apex court comprising Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani heard the petitions against the new law.

Continue reading Contempt law case: SC rejects federation’s request for full court

Ousted PM Gilani’s son won by-election

Abdul Qadir Gilani wins by-poll from father’s constituency

MULTAN: The by-poll for the National Assmebly’s seat NA-151 (Multan-IV), vacated by former prime minister Yousuf Raza Gilani after being disqualified by the Supreme Court, has been won by his son Abdul Qadir Gilani, DawnNews reported on Thursday.

The main candidate, beside Gilani, who was contesting on Pakistan People’s Party (PPP) ticket, was independent candidate Shaukat Hayat Khan Bosan, who had informal support of both Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehrik-i-Insaaf (PTI), [– & Jamaat-e-Islami–].

Read more » DAWN.COM

The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Know thy facts

By Feisal H Naqvi

There are moments in my academic past of which I am quite proud. Getting a distinguished Yale Law School professor of Constitutional Law to swear at me in open class is not one of them.

Continue reading The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Dear countrymen, democracy in Pakistan is gone, our country is running under “Judicial coup”[Judicial dictatorship]. Pity the judiciary that some judges have declared “Judicial coup” in Pakistan. May 24th ruling of the Speaker of National Assembly on the issue of PM Yousaf Raza Gilian’s conviction in the contempt of court case was declared void.

The court observed that the speaker had no authority to find faults in the apex court’s judgement and should have sent the disqualification reference to the Election Commission of Pakistan within 30 days. Supreme Court’s disqualification of the sitting Prime Minister Yousaf Raza Gilani on 19th June was a practical example of Judicial coup in Pakistan. And that decision was widely lamented by the world leaders, scholars and journalists round the globe. All the democratic nations, pro-democratic think tanks and groups of scholars, journalists, students of politics and people from all walk of life were deeply shocked, when they heard about disqualification of sitting Prime Minister of Pakistan by biased judiciary.

Yet again, Supreme court is on its way to hunt its prey –another elected prime minister of Pakistan. For to fulfill its nefarious designs, court has accepted petitions against contempt of court act 2012, which was signed into law. It is pertinent to mention here that CJ had already vowed to do declare contempt of court bill null and void before its passing in elected houses both upper and lower.

Continue reading Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Supreme Court and Public Accounts Committee

by Marvi Sirmed

Sharing with you this important document, which has left me shocked and extremely disappointed in the ‘wisdom’ of those who need to be the wisest. Amid all kinds of corruption allegations on politicians being pursued by the Supreme Court of Pakistan (SCOP), one case got special treatment by the worthiest men of this country – the graft case of Mr. Arsalan Iftikhar. Iftikhar is a 34 years old ‘innocent boy’ who was reportedly ‘lured’ into accepting a not-s-small sum of money from one Malik Riaz, the real estate tycoon who knows how to make the mare go. The innocence of Mr. Iftikhar is further proven by the fact that he happens to be the son of Chief Justice of Pakistan. The case was thus, taken up by none other than CJP himself, as a suo-moto action under Section 184(3) which allows the CJP to move the court if the case pertains to violation of fundamental rights and is of public interest. The case, definitely is of public interest and violates Mr. Iftikhar’s right to remain innocent for the rest of his life! The case, as was right thing to do, was disposed of by mildly lecturing all parties to ‘behave’.

Why is it important to recall Mr. Iftikhar? Because his was not the only case where the worthy court to be partisan for its own interest. Responding to Public Accounts Committee, the elected watch body over the Auditor General of Pakistan that called Registrar of Supreme Court to present himself before the Committee and explained some overspending by the SCOP. Guess what happens next? The wise men in SCOP, came up with a document that conveniently leaves everyone in the SCOP outside the ambit of any elected watch body that oversees the transparency of financial transaction by public institutions including SCOP. Have a lok over how the Registrar of SCOP – an official who is not a judge – exonerates himself from legislature’s scrutiny.

One wonders who is going to ensure transparency when even the most responsible institutions of this country try to evade law on the pretext of law. Ironic and sad. The language used in this document and disregard for transparency makes my wish it must not be what the worthy men in SCOP meant. Have a good reading experience please!

Supreme Court, Pakistan, Chief Justice, Arsalan Iftikhar, Auditor General, Public Accounts Committee, Parliament, Judiciary, Pakistan …..

Read more » BAAGHI

http://marvisirmed.com/2012/07/08/supreme-court-and-public-accounts-committee/

Foreign magazine castigates CJP as an ‘unelected judge’

ISLAMABAD – Time magazine, a foreign-based magazine, has targeted CJP Iftikhar Muhammad Chaudhry for being ‘a lazy-eyed abrasive, un-charismatic, and visibly uncomfortable for scripted speeches’.

Expressing fears that taking suo motto notice, and by keeping ‘ his (CJP’s) unending pursuit of President Zardari, might endanger democracy’ (a notion often wielded by ruling party as a sword of Damocles over any critic /analyst or even a well-wisher), the media source terms CJP as “an unelected judge (elected judges!?) , who has shown no letup in his vendetta against an elected prime minister and President Zardari, even at the cost which the country would end up paying(!?)

This, despite the fact that Pakistan/democracy has nevertheless withstood countless ‘indispensable democratic (and non-democratic) heroes’ in past with aplomb.

The media source does not even spare CJP’s accepted ancestral honesty amid a hornets’ nest infested with blatant corruption and blind power, terming it as the source of CJP’s ‘obdurate and unending Robin Hood attitude’.

Courtesy: Pakistan Today

http://www.pakistantoday.com.pk/2012/07/07/news/national/foreign-magazine-castigates-cjp-as-an-unelected-judge/

Parliament not sovereign – Justice Khawaja

PRESS RELEASE: Dated: 3-July-2012 – Earlier today the Supreme Court released the detailed judgment in the Speaker’s Ruling case. On 19th June 2012, the Court had passed a Short Order, upholding petitions challenging the ruling of Speaker of the National Assembly, Dr. Fehmida Mirza. After the conviction of the former PM Yusuf Raza Gilani, the Speaker had to decide whether or not to make a reference to the Election Commission for Mr. Gilani’s disqualification. The Speaker decided that no question of disqualification had arisen, despite the PM having earned a conviction for contempt from the apex Court. Various petitioners, including PTI and PML-N challenged the Spreaker’s ruling. While hearing these petitions, the Court found the Speaker’s decision to be against the law and held that the PM did indeed stand disqualified to be a member of the Parliament. Today detailed reasons have been given for this order.

Continue reading Parliament not sovereign – Justice Khawaja

‘Ousting PM instead of Parliament is the new khaki tactic’

By: Adnan Farooq

It goes without saying that the first thing which the Supreme Court will ask the next PM to do is to write the letter to the Swiss authorities. He will refuse too and the game continues

The Supreme Court’s verdict to disqualify Prime Minister Yusuf Raza Gillani “is not a routine democratic change”, according to Ayesha Siddiqa. “In fact, it represents the new tactics of the military and its agencies,” she says.

Author of ‘Military Inc’, Ayesha Siddiqa is internationally known analyst on military and political affairs.

Commenting on the latest political developments in the country in an interview with the Viewpoint, she says: “Instead of ousting the entire Parliament, the military gets rid of prime ministers which has the same effect meaning a weak democracy. The judges seem to have become party to this”. Read on:

The opinion on Supreme Court’s verdict on Prime Minister Yusuf Raza Gillani’s disqualification is divided. In general, the Opposition is hailing the verdict while the PPP and liberal circles are presenting it as a coup by other means. How do you assess the situation?

This is an intense political battle in which the Supreme Court is not neutral but a party as well. Look at the Supreme Court’s comparative behavior. There are times when it bails out murderers and looters but does not spare the ruling party in particular. Its wrath is mainly for the PPP and the chief judge seems to be making sure that he can ensure the PPP government’s ouster especially since he is now worried about his son being investigated.

Continue reading ‘Ousting PM instead of Parliament is the new khaki tactic’

The Washington Post – Pakistan’s Supreme Court sets collision course with new prime minister

By Richard Leiby

ISLAMABAD, Pakistan–Pakistan’s Supreme Court on Wednesday demanded that the nation’s brand-new prime minister follow an order to reopen a long-dormant corruption case against President Asif Ali Zardari, setting up the likelihood of a continuing constitutional crisis.

The court last week disqualified from office Yousuf Raza Gilani, Pakistan’s longest-serving prime minister, whom it convicted of contempt in April because Gilani refused to follow the same order.

The ruling party replaced Gilani with a former federal energy chief, Raja Pervez Ashraf, who has already indicated he will not comply with the order and who faces his own set of corruption charges in a separate case before the high court.

Some political and legal observers have accused the court, headed by populist, corruption-battling chief justice Iftikhar Chaudhry, of working to destabilize an already-shaky civilian government. Ashraf and his predecessor maintain that the constitution grants the president immunity from prosecution, but the court has consistently ruled otherwise, saying no one is above the law. …..

Read more » The Washington Post

Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

Continue reading Judicial responsibility and organs of state

Double Standard – Only judges allowed to be dual nationals.

Dual-national MPs insist loyalties lie with Pakistan

By Azam Khan

Excerpt; … Dual nationality holding parliamentarians, however, defended their loyalty towards Pakistan before a three-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry.

If we allow dual nationality holders to enter into our assemblies, then imported prime ministers will come to rule us, the chief justice said.

Senator Wasim Sajjad, counsel for MNA Farahnaz Ispahani, said it was not realistic to question someone’s loyalty on the basis of dual nationality and to suspend their membership from the assembly subsequently.

The court suspended Ispahani’s basic membership a month ago on the grounds that she had US citizenship. Meanwhile, former senator Rehman Malik is also fighting for restoration of his membership before the court.

No impediment for judges

The chief justice remarked that the court would not allow a foreign citizen to have direct access to nuclear facilities and other secrets of the country.

Why are there no such impediments for some other tops slots, like the auditor general, high court judges or chief justices, Ispahani’s counsel remarked.

Justice Khilji Arif Hussain said that high court judges never sit in defence committee meetings or have direct access to the Kahuta facility.

A high court judge is authorised to suspend a prime minister and can also seek record and minutes of sensitive meetings of the defence and parliamentary committees, Sajjad replied.

The chief justice asked him to remain specific to the case. ….

Courtesy: The Express Tribune

For the good of democracy – By Farrukh Khan Pitafi

Democracy means government by the uneducated, while aristocracy means government by the badly educated.” — Gilbert K Chesterton

At a juncture when the propinquity of a truly democratic order was almost being taken for granted, Pakistan suffered the biggest disaster since the hanging of Zulfikar Ali Bhutto. A three-member bench headed by the Chief Justice of Pakistan, who has vowed to protect democracy, sacked a democratically-elected prime minister on a matter of constitutional interpretation.

The sacked man, Yousaf Raza Gilani, and his party accepted the ruling with grace and nominated another candidate. But the day the prime ministerial nominee, Makhdum Shahabuddin, was to file his nomination papers, an anti-narcotics court issued a non-bailable warrant for his arrest, on a case that had been pending for weeks. Imagine, a court waking up on that precise day. The powers that be in the Islamic republic do not seem to care much for democracy. I have previously expressed hope in the growth of democracy and the institution building process. With the prime minister removed through an undemocratic, albeit legal method, that optimism cannot be sustained. It is clear that this is not the case of institutions clashing over boundaries, but disputes concerning other matters. Of course, the ruling party, too, is responsible for this sorry tale.

In Islamabad’s drawing rooms, it is being speculated that a government of technocrats backed by the army will soon be installed through a soft coup. Those who make these claims, carry a list of candidates for each ministry. Another theory is that the judiciary-executive tussle will result in the announcement of early elections and when the assemblies are dismissed, names in the aforementioned list will be adjusted in the caretaker cabinet, which in time, will be granted two to three years of extension. As the sacking of a prime minister and embarrassing an elected government by asking it to write a letter against its own head of state can be considered akin to protecting democracy, there is little doubt that this would also strengthen democracy.

Change may come in any shape, but if it comes through any means other than fresh elections, it will be detrimental. And change will definitely come. But let us fix responsibility for any undemocratic development. It should be remembered that the current democratic dispensation was founded on an intricate masonry of checks and balances. One function of the independent judiciary was to protect democracy. While it might have protected it from a military takeover, it has not been able to protect it from its own wrath. You can foresee the entire system collapsing. Some would say that the protectors of the Constitution have plunged the nation into another crisis-ridden bog.

If any undemocratic change comes, our armchair theoreticians assure us, it will not be limited to the cabinet and parliament alone, but will affect the judiciary as well. Perhaps, our judicial custodians have forgotten that they are part of the very democratic order that their recent verdicts seem to have so negatively impacted.

Courtesy:  The Express Tribune, June 23rd, 2012.

Pakistan – Murder of Democracy

. Why go through this gradual decay of democracy, why not make Ayman al-Zawahiri the Khalifa of Pakistan and be done with it.

The Army is playing with the judiciary and democracy in Pakistan.

It is a shameful day for democratic traditions in Pakistan. As soon as the nomination papers for Makhdoom Shahbuddin for Prime Minister are filed by the largest democratically elected group (PPP) in Pakistan, the Army through Anti Narcotics Force (ANF) http://www.anf.gov.pk/ issues non-bailable warrant for arrest of the nominee.

According to the rules of election now the contest will be between Raja Pervez Ashraf (derogatory termed as Raja Rental by his opponents) and Molana Fazlur-Rehman (derogatory title: Molana Diesel). The original nominee of the people could be either in jail or hiding under a rock from the ANF warrant.

Here is a comment on social media:

“ANF is run by Army. A major general heads it. It is a open secret that Army is in charge of the drug trade in Pakistan/Afghanistan. This is how they fund their minions of terror groups.

So you don’t think it even slightly coincidental as far as the timing of these warrants are concerned.

Army is playing its card, media and Judiciary are enabling them.”

Some think that the PPP made a mistake by having Gilani stay on after he had been held in contempt by the Supreme Court http://criticalppp.com/archives/79330. The Supreme Court was clearly on the wrong side of history with this decision . However, once the decision had been made PPP could have shown political savvy and exited their PM with a glorious concession speech.

Now there is too much water under the bridge. Army has a lot of cards, they, through their sympathizers carefully placed in Urdu and English press, have successfully painted PPP as a band of thieves with the biggest thief at the top i.e. Zardari. Perception as they say matters more than the reality. I am not trying to defend PPP, I am not a Jiyla and have never been one. What I am concerned about is the continued weakening of democratic traditions.

Nowhere in the world other than Pakistan a Prime Minister is sent home by the Supreme Court. No where in the world warrants for arrest of the next nominee are issued on the very day nomination papers are filed.

The media in Pakistan will just fall in line and play the corruption tune to cover up the bigger crime, i.e., the MURDER OF DEMOCRACY by the usual suspects.

Courtesy: LUBP

http://criticalppp.com/archives/79613?utm_source=twitterfeed&utm_medium=twitter

via – Twitter

Pakistan Supreme Court disqualifies prime minister

By Qasim Nauman

ISLAMABAD: (Reuters) – Pakistan’s increasingly assertive Supreme Court on Tuesday declared Prime Minister Yusuf Raza Gilani ineligible for office, plunging the country into fresh political turmoil during a crisis in relations with the United States.

In April, it found Gilani guilty of contempt of court for refusing to reopen corruption cases against the president.

“Since no appeal was filed (against the April 26 conviction) … therefore Syed Yusuf Raza Gilani stands disqualified as a member of the Majlis-e-Shoora (parliament)…,” said Chief Justice Iftikhar Chaudhry in a packed courtroom.

“He has also ceased to be the prime minister of Pakistan … the office of the prime minister stands vacant.”

But Fawad Chaudhry, a senior Gilani aide, said only parliament could dismiss the prime minister.

While the decision is a big blow to the ruling Pakistan People’s Party (PPP), it is unlikely to lead to the fall of the unpopular government. ….

Read more » Reuters

http://www.reuters.com/article/2012/06/19/us-pakistan-gilani-idUSBRE85I0KS20120619?feedType=RSS&feedName=pakistan&virtualBrandChannel=10165&utm_source=dlvr.it&utm_medium=twitter&dlvrit=59231