Language of the talk show is urdu (Hindi).
LAHORE: Former Prime Minister Yousuf Raza Gilani has said that if anything happened to the new prime minister, it would tantamount to breaking up the country. He said that the court decision against him was also unconstitutional. Gilani said that writing a letter to Swiss authorities would go against the constitution. The former prime minister also said that if elected officials were to be dismissed by court decisions, then there would be no use for elections. Gilani said that the system should be allowed to continue. He also said that the judiciary is not a political party and that it should not have any agenda.
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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.
In the darkest days of dictatorship, because of the previous role of some courageous judges, their respected and somewhat inviolable positions, the public has always considered the judiciary as a ray of hope
Primarily what is wrong with our judiciary is that apparently it is corrupt. No! This is not a jaundiced personal opinion; this is according to the rating of Transparency International. Among the primary 10 institutions in the country previously, the judiciary was very low in the ‘corruption’ ratings. In 2008 and 2009, it rocketed up to number three, in 2010, it was number six and in 2011, it was number four. Such an increase in corruption is understandable because of the inadequacy of the judicial accountability regime.. A vocal section of the public and media influence public opinion considerably, and in the eyes of this section, the judiciary with its newfound independence can do no wrong. It is about time somebody revealed the other side of the picture. In this country, it has always been a problem of who will check the corruption of those who are checking corruption.
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.
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.
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.
Faisla Aapka with Asma Shirazi, 26th June 2012
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 … ….
Read more » The Wall Street Journal
Deal that caused Rs4.8 bn loss Lt-Gen Javed Qazi passes the buck to ex-finance minister
By: Rauf Klasra
ISLAMABAD: Former Railways Minister and ex-DG ISI Lt Gen Javed Ashraf Qazi had tried to shift his responsibility to former Finance Minister Shaukat Aziz in a multi-billion rupee scam of leasing out 141 acres of prime land of Pakistan Railways (PR) in the heart of Lahore to a Malaysian firm (Royal Palm & Golf club).
By: Asma Jahangir
THE shadow of Zia still looms large over our political scene. Several parliaments and parliamentary committees have tried to exorcise this dictator’s ghost from the constitution but they never succeeded in rectifying all the ills. The current parliament is no different.
The committee drafting the 18th Amendment was urged time and again to do away with Zia’s crafty law that allows the disqualification of members of parliament. And now the PPP faces the consequences of its own omission as its prime minister is threatened with disqualification due to the Supreme Court judgment in the contempt case.
The SC has not convicted Prime Minister Yousuf Raza Gilani for obstructing the administration of justice but for ridiculing the judiciary. The court has been able to do this because of the law introduced by Zia. Article 63(g) is open-ended and can end up being used by the judiciary to persecute the politicians.
The law disqualifies anyone who has been convicted for “propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan…”
Very few would dispute that this article is problematic.
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
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.
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.
Lawyer Saroop Ijaz writes:
At last, the judicial coup!
Prime Minister Syed Yousaf Raza Gilani has finally been toppled. By whom? By the opposition parties with the support of ‘independent’ judiciary or by the ‘Supreme Judicial Party’ with the facilitation of opposition parties which challenged the National Assembly Speaker’s ruling through petitions? This is still under discussion. Some people say the court had the blessing of the army to do the task which the army itself could not do, though it has much experience of the sort, because of perhaps unfavourable strategic and geo-political conditions.
Others, however, are of the opinion that the apex court is a crucial part of the Pakistani establishment, which hardly believes in the supremacy of the parliament, and the verdict is outcome of its own loyalty towards the ideology of the state and the establishment. In this regard, they quote a recent observation made by Mr. Justice Jawad S Khwaja while hearing the contempt of court case against Mr. Gilani. Justice Khwaja remarked: “the judiciary was an independent organ of the state and was answerable to the people not the parliament.” This is, however, not clear how the judges are answerable to the people when they are not elected by them. People hardly know how and by whom they are chosen, selected and nominated.
The disqualification of the prime minister by the apex court is under criticism by a part of the lawyers’ community and a section of the media. The Express Tribune in its editorial under the headline “A Judicial Coup?” on June 20 says, “The Supreme Court, in claiming to represent the will of the people, has removed from power the people’s representative saying that he stood disqualified from being a member of parliament and hence the office of the prime minister since April 26 — the day he was found guilty of contempt. Support for the decision may not be unanimous mainly because of recent developments, especially where the Honourable Court was dragged into the Arsalan Iftikhar matter…
By: Irfan Husain
ANOTHER day, another crisis in Pakistan. What else is new? Given the roller-coaster ride we have been on these last few years, nothing has the power to surprise or shock anymore.
Even the fact that a warrant for the arrest of Makhdoom Shahabuddin has been issued just as he was filing his nomination papers for election to the prime ministership causes a big yawn.
If a screenwriter had crafted the script we have been following, a movie producer would have rejected it for being too unbelievable. The whole business about a tycoon bankrolling a series of multimillion dollar holidays for the chief justice’s son and his family is bizarre enough. But in a swift counterstroke, the prime minister is dismissed by the top judge, pushing his son’s scandal into the background.
. 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.
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.
via – Twitter
By Muhammad Hanif
Pakistan’s judiciary is starting to care less for the rule of law than the sound of its own sermonising voice. Which suits the military
by Omar Derawal
Asif Ali Zardari has been underestimated from day one. The shrewd businessman has proved not only to be a master of the boardroom, but of political strategy as well. Nominating Raja Pervaiz Ashraf as Prime Minister after losing successive wickets appears his latest triumph. And, as with his previous deliveries, this one too seems to have outwitted the opposition.
Nawaz Sharif termed Raja Pervaiz’s election as ‘tragedy’, but perhaps the PML-N chief was thinking of his own political fortunes. After all, Raja Pervaiz was born in Sindh and speaks Sindhi, but he was elected in Punjab. Even the carefully staged energy riots look a little bit awkward with a new Prime Minister who, as Minister of Water and Power, added more Megawatts to the national grid than anyone since the government of Mohtarma Benazir Bhutto.
Imran Khan too seems to have been outplayed in this innings as he finds himself with a Vice-Chairman from a feudal family while Asif Zardari has a Prime Minister who rose through party ranks from a middle class background. By nominating Raja Pervaiz, Zardari has also neutralised Khan’s nationalistic appeals to security hawks. Though a liberal himself, Raja Pervaiz is strong on national security. In his first speech as PM, he declared that there can be no peace in Pakistan without peace in Afghanistan, sending a clear signal that the government continues to be united on defending Pakistan’s priorities.
Qamar Zaman Kaira’s stellar performances on talk shows had many PPP supports hoping he would pull off a surprise win, but it’s Kaira’s unmatched ability to silence the chattering heads that made him indispensable as Information Minister. Some suggested the name of Hina Rabbani Khar, too – but her deft handling of foreign affairs means that she too is more needed where she is. What is impressive about this debate among PPP supporters is that despite losing such figures as Benazir Bhutto, Salmaan Taseer, Shahbaz Bhatti, Husain Haqqani, Yousaf Gilani, and Makhdoom Shahabuddin, PPP still has such a deep line-up from which to draw new players.
Politics is a test match – not T20. You have to play a long term strategy if you want to win. Zardari’s opposition thought they could force him to retire early, but he proved too skilled for that. Now they are praying for a draw. But with this latest innings, Zardari has shown once again it’s the opposition who is still chasing.
Courtesy: new Pakistan
ISLAMABAD: The Pakistan People’s Party (PPP) candidate Raja Parvez Asharaf has been elected as the 25th Prime Minister of Pakistan.
Ashraf, a unanimously agreed candidate of the PPP and its coalition partners, received 211 votes while Pakistan Muslim League-Nawaz’s (PML-N) candidate Sardar Mehtab Abbasi received 89 votes.
President Asif Ali Zardari congratulated Ashraf on his success and said ” Ashraf’s election as PM is an indication of the nation’s confidence in democracy.” ….
Read more » DAWN.COM
– Americans are liars & president Obama is also a liar because he lied on the Raymond Davis issue – says former ISI chief, Gen. Javed Ashraf Qazi in Pakistani political talk show “Capital Talk with Hamid Mir” on September 25th, 2011). The language of the talk show is urdu (Hindi).
Courtesy: → Geo Tv News (Capital Talk with Hamid Mir– 25th September 2011)