ISLAMABAD: Leaders of the Pakistan Muslim League-Nawaz (PML-N) have begun to advise party chief Nawaz Sharif against blind support for judicial activism.
The main opposition party has sided with the higher judiciary in the standoff between the government and the apex court, which has begun to reach a crucial point once again – however, recent developments have led to a reconsideration among the PML-N’s hierarchy.
PML-N insiders told The Express Tribune that several central party leaders had cautioned Nawaz to be calculated in his backing for the judiciary, warning of a slippery slope. “A significant number of people in the party feel the judiciary in its decisions recently, and [Chief Justice] Iftikhar Chaudhry in his statements, have crossed certain red lines. This is not a good omen for the democratic system,” said an official. ….
Suppose for a moment that the Constitution of Pakistanis unanimously amended by the Parliament and an article is inserted saying, “from here on in all military takeovers/coups are declared illegal and treasonous and no court of law shall legitimise such a takeover…”. High-minded as it would be, one needs to be fantastically gullible or hopelessly optimistic to believe that mere tinkering with some legal provisions is all that is required for uninterrupted democratic governance. This may seem odd to you coming from someone who makes his sustenance on legalese but law is not really all that it is made out to be and especially not what our media would lead (or perhaps, like) you to believe. Firstly, a military coup is by definition extra-constitutional (or to quote the Supreme Court from the past meta/supra-constitutional) and hence, it will be merely another clause violated and on most occasions, the khakis are not overly concerned about constitutional nuance anyways. Secondly, the courts would read such an article as creatively as they desire since interpretation is, admittedly, their prerogative. However, the hypothetical article would serve some purpose insofar as it will make it more embarrassing for the courts and maybe even for the military adventurers, although they are generally immune from such petty sensibilities.
– – [This is great news for every Pakistani and if political class show some maturity and openness, the day is not far away when Pakistan would become a true welfare and democratic state] – –
ISLAMABAD: Don’t be taken in by the negative sound-bites. On the face of it, political forces seem to be struggling to succeed in the litmus test of managing the first transition from one popularly elected dispensation to another in the country’s history, and are fighting it out bitterly over all things major and minor.
However, there is more to it than meets the eye.
Amid feverish speculation on what will happen by the end of the month in the high-stakes confrontation between the government and the judiciary, which may see a second prime minister elected by parliament losing his job, the two largest political parties of the country are quietly but rapidly finalising an agreement.
The Express Tribune has it from credible sources that the ruling Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) are close to working out a political deal that would result both in naming a consensus caretaker prime minister and finalisation of a date for election to be held before the end of the year.
There are two candidates being discussed for the all-important post of caretaker prime minister, on which both sides have been holding discussions over the past 10 days. There is the soft, back-up option in Abdullah Hussain Haroon, currently Pakistan’s ambassador to the United Nations. Then there is the second, more sensational candidate under serious consideration: none other than Asma Jahangir, the former president of the Supreme Court Bar Association and former chairperson of the Human Rights Commission of Pakistan.
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.
SINDH : KARACHI – To protest against the Chinese government’s promised help in the controversial Zulfikarabad project, the workers of the nationalist party Jeay Sindh Qaumi Mahaz staged a protest rally, but police stopped them by putting containers on the roads leading towards Chinese Consulate in the city on Thursday. The JSQM workers scheduled to take a rally from Gulshan-e-Hadeed in Malir area to the Chinese Consulate in Clifton, but when the workers reached Steel Town, where police already created hindrances and blocked the road by placing containers. Scuffles also witnessed among the workers of JSQM, who were taken out a rally led by their acting chairman Niaz Kalani. When police stopped, the workers staged sit-in on the Indus Highway. However, JSQM Acting Chairman Dr Niaz Kalani while addressing the protesting workers said that our protest rally, scheduled sit-in in front of the Chinese consulate was completely peaceful but the police have tried for bloodshed by restraining it. Dr Kalani also announced to stage protest processions, rallies and sit-in from July 18 against the Chinese government’s support for thecontroversial project of Zulfikarabad. … the Chinese government is supporting the controversial project, which is against the interest of Sindh. …. The JSQM chief … the Chinese company to keep away of making investment in the controversial Zulfikarabad project, …. .. Earlier, a protest rally was carried out by the JSQM led by its Acting Chairman Dr Niaz Kalani including central leaders Asif Baladi, Sagar Hanif Burrdi, Sarfraz Memon, Maqsood Qureshi and others. The rally was started from Gulshan-e-Hadeed – the residence of JSQM’s deceased chairman Bashir Khan Qureshi towards Chinese consulate through National Highway. A huge number of law enforcement agencies’ personnel including police and rangers were already deployed on the way of rally. The police blocked the roads by placing trucks and buses at around 10 am on national highway at Steel Town Roundabout, which prompted the JSQM workers to end their rally and disperse at the scene. The sit-in was continued for about three hours on National Highway. Later they dispersed peacefully. Meanwhile, heavy contingent of police was deployed and containers were put on the roads leading towards the Chinese Consulate in Clifton which caused difficulties for the citizens. It may be noted that nationalist parties are continuously staging protests and rallies against the Zulfiqarabad project, terming it as anti-Sindh, which will turn the indigenous people of Sindh into minority.
Article 209 (Supreme Judicial Council) lays down the composition as well the procedure to be followed to probe into capacity or conduct of a judge of the Supreme Court or a High Court.
While the said article in Sub-article (3) sections (a) and (b) looks at the possibility of looking at the capacity or the conduct of a member of the Supreme Judicial Council who is a judge of the Supreme Court or a Chief Justice of a High Court, it clearly omits the possibility of looking into the capacity and conduct of the Chief Justice of the Supreme Court.
There is a clear procedure laid down for the impeachment of the President of Pakistan by the Parliament in article 47. However, the Chief Justice of Pakistan is not answerable to any authority if he is accused of misconduct or is perceived to be unable to perform his duties for any reason.
The composition of the Supreme Judicial Council is also faulty in the sense that it establishes a complete monopoly of the Supreme Court and makes the provincial High Courts subservient. Only two most senior Chief Justices of High Courts are council members as against three (Supreme Court Chief Justice and two next most senior Judges from the Supreme Court). This composition clearly violates the autonomy principle and concentrate authority in the Centre and de-facto in one person, who is the Chief Justice and also above probe if accused of incapacity or misconduct.
It is thus proposed that:
1) Besides the Chief Justice of Pakistan only the one senior most judge of the Supreme Court should be member of the Supreme Judicial Council.
2) The Chief Justices of all the four provincial High Courts should be members of the Supreme Judicial Council.
3) The Senate of Pakistan shall have the power to impeach the Chief Justice of Pakistan by two third majority.
This beleaguered minority in the country still deserves international support.
BY SADANAND DHUME
This isn’t the best time to be a Pakistani liberal. Opinion polling shows most Pakistanis thinking of America as an enemy, democracy as an unwelcome concept and the imposition of Shariah law as a no-brainer. Meanwhile, recent news out of the country involves the judiciary taking down an elected prime minister and politicians like Imran Khan riding high by invoking anti-imperialist and Islamist ideas, even as an Urdu-language media remains saturated with hyper-nationalism.
Against this backdrop, the world can’t be blamed for regarding the Pakistani liberal as an exotic hothouse flower with no roots in the country’s unforgiving soil. As the United States enters a shaky new period of detente with Pakistan following the reopening last week of supply routes to Afghanistan, it’s fair to ask if these liberals deserve notice at all. Doesn’t it make more sense for the West to instead engage more intensely with the powerful army and assertive hardliners such as Mr. Khan?
The answer is no. It’s always tempting for the West to do business with whoever’s powerful, but this is a recipe for the kind of trouble America right now faces with its troublesome “ally.” Pakistan’s liberals are not only less weak and less of a fringe phenomenon than they’re made out to be, they’re also the only ones who hold out the promise of a better future for their country.
One recurring complaint against liberalism is that though Pakistan regained its democracy four years ago, President Asif Ali Zardari’s civilian government still can’t wrest decision-making away from the military. But no civilian government could realistically be expected to immediately assert its authority over an army that has directly ruled the country for 34 of its 65 years, and continues to command the lion’s share of national resources. As the experiences of Indonesia and Turkey show, only when democracy grows roots do politicians acquire the finesse and self-confidence to take on generals accustomed to command. This takes patience.
“Taliban militants”, riding a car and three motorbikes, drove up to a hostel where 30 under training policemen were living (this is in Lahore, capital of Punjab), walked in, said the usual Allah O Akbar and started shooting whoever they could. Killed 10 or so, injured a few more. Got on their car and motorbikes and drove away. The chief of police said “its retaliation for NATO supplies”, thus conceding that in his capital city, there are armed men who can get into their cars and come shoot up random poor soldiers and leave anytime they want if they are upset over NATO supplies. Where did they come from? where did they go? Can they be stopped? Apparently we have no idea… other than Chief Minister Shahbaz Sharif appealing to the Taliban to please not attack Punjab province because HIS govt doesn’t agree with the “pro-NATO”policies of the federal govt (he actually said this, look it up).’
Meanwhile, in Bajaur, which has been “cleared” of militants several times, the taliban came in their hundreds and took practically a whole village hostage. Pakistan will blame Afghanistan (and by extension, NATO) but who missed the chance to work WITH Nato to fix this problem?
If any ruling elite deserves to be screwed with sharp edged instruments it has to be the Pakistani ruling elite, but its mostly its poor soldiers and poor people who get killed. Which is par for the course in this world, but still painful. I have known a couple of these Pakhtoon soldiers and my father and my uncle have served with many many more and they are just outstanding human beings. They are dirt poor but they are proud and honorable and they are incredibly tough. And they are being sacrificed with abandon while the ruling elite plays its double games with America and dreams of strategic depth and other bullcrap. Its too sad for words.
CHIEF Justice Iftikhar Chaudhry on Saturday fired the latest salvo in the perceived escalating fight between the superior judiciary and the PPP-led federal government. The Supreme Court, according to Justice Chaudhry, can strike down any legislation that is incompatible with the fundamental rights guaranteed under the constitution. While this is a well-established principle, the timing of Justice Chaudhry’s comments is impossible to ignore: the chief justice’s dilation on the ins and outs of the constitution came in a week that the government proposed legislation to protect its constitutional office-holders from suffering the same fate as former premier Yousuf Raza Gilani suffered recently. Unfortunate as it is that the past judicial practice of justices speaking only from the bench and through their judgments has been discarded in recent years, the comments by the chief justice come very close to pre-empting the legislative process. Astonishingly, however, the chief justice did not just stop there: he indicated that the supremacy of parliament was ‘out of place in the modern era’, the constitution itself enjoying pre-eminence over the will of parliament. This is explosive, particularly given the backdrop of the judiciary-government battles. Start with the claim that the constitution, not parliament, is supreme, add the corollary that the SC is the final and unquestioned interpreter of what the constitution does or does not permit — and suddenly Pakistan is in the realm of a supreme judiciary, an unelected institution dictating the contract by which state and society interact. This would be a fundamental shift in the way Pakistan’s constitutional arrangement is imagined and it is quite extraordinary that a serving chief justice would see fit to make such a pronouncement outside a judicial forum. In the SC, the chief justice is the administrative head but his vote is equal to that wielded by any other justice in any given case. Surely, then, at the very least, this is a matter to be decided before a full court, if and when the matter comes before the court.
But returning to the issue of fundamental rights guaranteed in the constitution, why is it that the court keeps invoking fundamental rights when it comes to engaging with the government instead of concentrating on securing the fundamental rights of the people? Why not focus on the broken judicial system in which the average complainant has virtually no hope of ever getting justice, and none of getting it on time? Why not focus on the abysmally low rate of successful prosecution that allows criminals to walk free? Must the court be so obviously selective?
Saying ‘no’ to NATO: DPC long march enroute to Gujranwala
By Web Desk / Rana Tanveer / Zahid Gishkori
LAHORE: The long march against the resumption of Nato supplies through Pakistan as announced by Difa-i-Pakistan Council (DPC) started from Lahore on Sunday and is expected to reach Islamabad tomorrow, Express News has reported.
Hundreds of cars were part of the procession.
The participants included activists from Jamatud Dawa (JuD), Ahle Sunnat Waljamat (formerly known as Sipah-e-Sahaba), Jamiat Ulema Islam (JUI), and Jamat-e-Islami (JI).
JI’s caravan had already reached Nasir Bagh under the leadership of Amirul Azeem where JuD ‘s caravan, led by Hafiz Mohammad Saeed, joined it.
JuD’s caravan had proceeded from Masjid-e-Shuada where JI leader Sayed Munawar Hasan, DPC chairman Molana Samiul Haq, former ISI chief General (r) Hamid Gul, his son Abdullah Gul, Pakistan Ulema Council head Maulana Tahir Ashrafi and other leaders joined them. The leaders were mounted on a truck, which also doubled as a moveable stage.
A number of JD and Hizbul Mujahideen activists were providing security to the truck.
The leaders delivered speeches at Istanbul Chowk at The Mall in front of Town Hall.
Addressing the protesters, Maulana Samiul Haq said they were holding a long march to save Pakistan and Afghanistan from the clutches of the US, adding that their movement would continue until complete withdrawal of US forces from Pakistan and Afghanistan.
He said suspension of Nato Supply is one of their goals, urging the masses to join them towards Islamabad. ….
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 …..
KARACHI: The contempt of court case against former prime minister Yousaf Raza Gilani proves that every individual, irrespective of his position, is subject to the law, said Chief Justice Iftikhar Muhammad Chaudhry while addressing a lawyers’ ceremony at the Supreme Court Karachi registry on Saturday.
The chief justice added that action was taken against Gilani under the contempt of court law because the chief executive of the country defied court orders, and added that the implementation of court orders is the duty of the executive, which has been explained adequately in Article 190 of the Constitution.
Addressing the issue of immunity provided to the elected representatives, the chief justice said that if a person elected by the people violates the Constitution, then it is the duty of the courts to stop him.
…. A group has the audacity of calling itself the Difa-e-Pakistan Council and then simultaneously threatens to kill its people. The question that arises then is why has the country’s establishment tolerated this ragtag army of thugs thus far? Somehow, everybody forgets that the transformation that it was asked to bring after 9/11 was so onerous that it might not have brought the dissent under full control and hence, the calculated and cautious approach. The fact is that we have witnessed some uncharacteristically huge mishaps in recent years and yet, if this scribe is asked to put his life in the hands of our government and the army, he will willingly do so. But tolerance of such terrible outfits is nothing short of criminal neglect. Perhaps, the DPC long march schedule from July 8, will give us definitive proof of whether the country’s deep state is involved in its genesis or not.
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’.
ISLAMABAD: The government and its coalition partners late on Friday agreed to bring 21st and 22nd constitutional amendments, which will also allow dual nationals to contest elections, DawnNews reported.
The meeting at the Presidency was chaired by President Asif Ali Zardari, Prime Minister Raja Pervez Ashraf and former premier Yousuf Raza Gilani also attended it.
Federal Law minister Farooq H. Naek briefed the meeting over proposed bills regarding contempt of court and dual nationality before tabling it in the National Assembly.
The meeting approved 21st and 22nd amendments in the constitution. The latter will allow people having dual nationality to participate in general elections.
The law minister also informed the meeting that process of related lawmaking was in progress over contempt of court issue.
The meeting also decided to protect decisions taken by former PM Gilani between April 26 and June 19.
By the grace of God, mission accomplished. From now onwards the 3rd of July would be celebrated along with 6th September, when the enemy’s tooth were made sour (dant khatay kar deye). The word ‘SORRY’ has restored our honourable and respectable position among the committee of nations. It’s a great moral victory of our principle stand on the Torkham Pass and the nation’s victory over the sole super power of the planet.
The sovereignty and integrity of our borders has been accepted and recognised by the superpower and soon will be recognised by our brothers of Fata also, who have been misguided by foreign agents. Here are the details of our victory over the infidel Christian forces that are fighting an unjust war against our student brothers. Like the Ivans before them these Joes are going to face the same fate. InshAllah!
WASHINGTON: The United States will release about $1.1 billion to Pakistan’s military as part of a deal that will see Islamabad lift a blockade on NATO supply convoys into Afghanistan, a US official said on Tuesday.
The money, from a US Coalition Support Fund designed to reimburse Pakistan for the cost of counter-insurgency operations, had been withheld due to tensions between the two countries and Islamabad’s closure of the supply routes after an attack on Pakistani border posts by NATO forces in November last year which led to the killing of 24 Pakistani troops. Pakistan and the United States announced earlier that the border would be opened once again to NATO convoys. The Coalition Support Fund is often the subject of wrangling between the US and Pakistani officials, with Islamabad’s claims often rejected and smaller sums approved by Washington for reimbursement. …
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.
For years, Pakistan has ignored the Obama administration’s pleas to crack down on militants who cross from Pakistan to attack American forces in Afghanistan. Recent cross-border raids by Taliban militants who kill Pakistani soldiers should give Islamabad a reason to take that complaint more seriously.
Last week, Gen. Ashfaq Parvez Kayani, Pakistan’s army chief of staff, raised the issue in a meeting with Gen. John Allen, the commander of American and NATO forces in Afghanistan. He demanded that NATO go after the militants on the Afghan side of the border, according to Pakistani news reports. General Allen demanded that Pakistan act against Afghan militants given safe haven by its security services, especially the Haqqani network, which is responsible for some of the worst attacks in Kabul.
Fighting extremists should be grounds for common cause, but there is no sign that Pakistan’s military leaders get it. They see the need to confront the virulent Afghan-based insurgency that threatens their own country and has killed thousands of Pakistani soldiers and civilians. But they refuse to cut ties with the Haqqanis and other militants, who give Islamabad leverage in Afghanistan and are the biggest threat to American efforts to stabilize that country. ….
Justice (r) Fakhurddin J Ibrahim, a respected jurist also known to have close relationship with Nawaz Sharif & PML-N has very different opinion of CJs’ ruling while PML-N & PTI are trying to ride on the back of judiciary. On this program he openly criticized judiciary but after he left the show the ultimate Legal Expert Dr. Shahid Masood criticized him with some lame and frivolous examples.
Our media is acting like Toilet Paper of judiciary especially. Everybody criticized Iftikhar M****l except Pakistani media. All international media and especially Indian SC judge has openly criticized this Clint Eastwood style of Justice (Clint Eastwood had no PCO oath and definitely no son like Arsalan). Since the judicial coup not even a single international outlet has praised the decision but rather labelled it as ” REVENGE DECISION”. This farce called judiciary is bent on taking PPP government down but instead they are making heroes out of fallen leaders. Mr. Iftikhar m****l no matter what you do, you can never legally become president or the Prime Minister of Pakistan. Your wish can only be served by illegal means. It is matter of discussion, want you want to name it Bangladesh model, revolution, judicial restraint, National interest, but between you and the whole world, it will still be ILLEGAL.
Media pundits who have continuously spread right wing pro Taliban/Al-Qaeeda agenda are now the Legal experts too. Our supreme court is in hyper drive with Dual core Pentium 10 processor to derail democracy or at least weaken it. First I was of the opinion that instead of having all this democratic set up and continuous military interruptions, why not make COAS to be president of the country but now I think why not make CJ the president of the country and let him run this bloody show. Forget Bangladesh model, make a new Pakistani model. After 62 years of independence we are still searching for damn models. We had military governments, we had imported PM’s governments, we had technocrat governments, we had lota governments, we had Ameer ul Momineens and why the not this new thing. We love experimentation what the heck, have this Judge be the president, CJ, PM and do what ever he wants to do with this unfortunate country self proclaimed Fort of Islam, leader of Ummah country. Mr. CJ go a head and make Mullah Omar the president of country if it serves you better.
As the time goes by I fail to see any light left for democracy in this hell bound country. First this weak political government couldn’t provide par excellence governance but rather a bad performance, then on top of it we have this PCO loving judiciary backed by media and right wing political parties harking to shut down this democracy-wemocracy bullshit.
This social fibre of this country was destroyed by uneducated bearded mullah with its out of the world interpretation of religion and now we have this bloody new kind of BUFOONS ***** and **** who are interpreting constitution for us. God help us.
Fawad
Need to watch at least first 15 minutes renowned jurist & former judge of Supreme Court of Pakistan, Justice Fakhruddin G. Ebrahim says Parliament is Supreme and CJ is responsible for the crisis.
Cricketer-turned-politician Imran Khan is not the messiah the country seeks.
BY SADANAND DHUME
Pakistan’s been a problem child for so long that even the dramatic appears mundane nowadays. Pakistani militants killed in drone strikes, the judiciary threatening to bring down an elected government—these are nothing new. But a poll released Wednesday ought to make even the most seasoned watchers sit up and take note. Pakistan’s frustrated population is growing ever more extremist, and many are starting to see a charlatan as their political savior.
The Pew Global Attitudes Project reveals that nearly three out of four Pakistanis view the United States as an enemy, up from about two out of three who felt … ….
There Are Seven Nuclear Powers In The World.1st, 2nd, 3rd, 4th, 5th & 6th Nuclear Countries Are Thinking About How To Do Advancements In Space & How To Make A Permanent Station On Moon.
& The 7th Nuclear Power Is Debating On;
“Load Shedding“, “Ramzan Ka Chand“, “Polio Ke Qatry Halal Ya Haram?”, “Iodine Mila Namak Aur Baanjh Pan?”, “Cheif Justice Hero Ya bigZero?” “Veena Malik”, “Rehman Malik”, “Riaz Malik“, “Tuk Tuk Misbah”, “Zubaida Aapa“,
Pakistan Zinda Baad, Pehlay Pakistan Sa Zinda Baag…
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.
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 accusedthe 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. …..
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.
Islamabad: In a major breakthrough in the Indo-Pakistan relations, President Asif Ali Zardari has pardoned Indian prisoner Sarabjit Singh, converting his death sentence to life imprisonment.
According to news reports Tuesday, the alleged Indian spy will be released from the jail in the country following the orders.
Reports further said that the Law Ministry of Pakistan had sent proposal for the release of Sarabjit to the Interior Ministry.
Sarabjit, an Indian national, was jailed in Pakistan for as long as 22 years after he was convicted of being a spy. The decision by the Pakistani President came after the prisoner sent his fifth mercy plea seeking clemency.
Reacting to the move by the neighbouring country, Indian External Affairs Minister S M Krishna thanked the Pakistan President for the gesture. …..
Surjit not Sarabjit Singh, clarifies president’s spokesman
ISLAMABAD: The government in an unusual way late on Tuesday took a u-turn on release of Indian prisoner Sarabjit Singh, convicted of spying charges, said release orders were signed for “Surjit Singh” and not for “Sarabjit Sigh”, DawnNews reported.
Presidential Spokesman Senator Farhatullah Babar, in a statement given to an Indian media outlet, has clarified that the prisoner, whose death sentence was converted to life imprisonment, was actually “Surjit Singh” and not “Sarabjit Singh.”
…. But the CJP, too, has got his fair share of criticism. Some say the decision to disqualify Gilani smacks of a grudge match cheered on by his allies in Pakistan’s boisterous media.
Legal experts have questioned whether Justice Chaudhry may have exceeded his powers by ousting the prime minister, arguing that there were other options available to resolve the stand-off with Zardari’s government. “It’s my impression that the judgements are highly politicised,” said Asma Jahangir, a respected human rights lawyer. “The populist approach of the chief justice will destabilise the democratic process.” ….
The judgment appeared to be based on newspaper headlines and talk shows of private TV channels: Ali Ahmed Kurd.—Photo by APP
ISLAMABAD Ali Ahmed Kurd, the firebrand leader of the lawyers` movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said.
Ever since the Soviet invasion of Afghanistan, Pakistan has had one simple strategic goal on its western frontier: ensuring that Afghanistan remains a stable but subordinate entity deferential to Pakistan’s sensitivities on all matters of national security. Such deference was sought for a host of reasons. Islamabad wanted a guarantee that Kabul would not reignite the dispute over the countries’ common border (the Durand Line) and would not seek to mobilize the region’s Pashtun populations in support of either absorption into Afghanistan or the creation of a new nation. The Pakistani leadership also aimed to ensure that Afghanistan would not enter into close geopolitical affiliations with other, more powerful countries, such as the United States or India, in order to increase Kabul’s autonomy from Islamabad.
Amid the chaos that emerged after the Soviet withdrawal from Afghanistan, Pakistan settled on supporting the Afghan Taliban as its strategic instrument for securing Kabul’s compliance with its objectives. Although the Taliban were not always dependable surrogates on these matters, they appeared better than other Afghan rivals, and hence Islamabad—despite its denials—has stuck by them to this day.
Whatever the intended benefits of this strategy, it has alienated both the broader Afghan populace and the government in Kabul, which now views Pakistan as a habitually hostile neighbor. It has also undermined the U.S.-led international stabilization effort in Afghanistan, as well as hopes for a peaceful security transition—not to mention infuriating Washington, which now views Pakistan as a perfidious partner. And it has provoked heightened regional rivalry involving Afghanistan’s neighbors, especially Iran, India, the Central Asian republics, and Russia, all of whom are determined to prevent a Pakistani-supported Taliban takeover of Afghanistan.
Worst of all, Islamabad’s strategy promises to fundamentally undermine Pakistani security. Every one of the three possible outcomes of the Afghan security transition leaves Pakistan in a terrible place.
In the light of recent commentaries by leading Pakistani and international lawyers including but not limited to Asma Jahangir, Justice Markandey Katju [Listen Justice Markandey’s interview at BBC urdu] (Indian Supreme Court), Saroop Ijaz etc, it is evident that Supreme Court of Pakistan has violated not only national constitution but also attacked the very foundation of parliamentary democracy in Pakistan.
Former Indian Supreme Court judge Justice Markandey Katju, writing in The Hindu recently, questioned what he said was the “lack of restraint” on the part of Pakistan’s superior judiciary. Justice Katdue wrote: “In fact, the court and its Chief Justice have been playing to the galleries for long. This has clearly gone overboard and flouted all canons of constitutional jurisprudence”. He said that Article 248, Clause 2 of the Pakistani Constitution very clearly states: “No criminal proceedings whatsoever shall be instituted or continued against the President or governor in any court during his (or her) terms of office”. He then went on to ask that if this is the case, how could a court approach what is a settled provision in the “garb of interpretation”?
The Pakistan Constitution draws its basic structure from Anglo-Saxon laws, which establishes a delicate balance of power among the three organs of the state — the legislature, the executive and the judiciary. However, in recent past, particularly since April 2012, Pakistan’s top judiciary led by Chief Justice Iftikhar Chaudhry has encroached into the elected parliament’s domain. This situation is not only a violation of Pakistan’s constitution but violates privilege of the elected parliament.
In his desire to become a saviour and hero of Pakistan, CJ Chaudhry has become a tool in the hands of politicians and media, and is through his actions and verdicts hurting Pakistan’s very security and stability.
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