Tag Archives: Bias

Our right to know

By Saroop Ijaz

The refusal of the Supreme Court Registrar to render to the Public Accounts Committee any details of the plots ostensibly allotted to the Honourable Judges leaves a distinctive and familiar bad taste in the mouth. The reason put forth by the Registrar is that according to Article 68 of the Constitution, no discussion can take place in parliament regarding the conduct of any judge of the Superior Courts  “in discharge of his duties”. The argument is indeed peculiar since I certainly hope that the Registrar is not implying that the land was acquired in discharge of duties. Let us get a few things clear at the outset; firstly, no allegation has been made against any judge or the judiciary. Secondly, even if an extra plot was accepted, it forms no basis of a prima facie misconduct. In this light, the reluctance or the outright denial seems faintly paranoid and defensive, in any event puzzling. I have a feeling that because the Supreme Court thinks that parliament is made up of incompetent crooks, it (the SC) cannot and should not subject itself to scrutiny by them. If that is so, the problem should be obvious: clichés likes “checks and balances”, “who will guard the guards” etc. The SC is empowered to interpret the law and decide what is permissible, yet the refusal comes too close to ambitiously high-minded self-comparisons with two of the four Caliphs. I am against anyone being held to the standards of the pious Caliphs and quite content with imperfect temporal constitutional standards. Yet, to the cynic it may seem as what can be colloquially termed as a “having-it-both-ways” approach.

Continue reading Our right to know

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/

Gilani’s sentence proves no one is above the law: Chief Justice

By Zeeshan Mujahid

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.

Continue reading Gilani’s sentence proves no one is above the law: Chief Justice

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 cannot discuss SC judges’ conduct: SC

Supreme Court has said PAC cannot carry out audit of apex judiciary as per Article 58.

According to a report presented to the Public Accounts Committee (PAC) on Tuesday morning three existing and twelve retired judges of the Supreme Court received two residential plots each worth millions of rupees in expensive sectors of the federal capital.

The Supreme Court (SC) refused to provide audit report details to the Public Accounts Committee (PAC) saying the Parliament cannot review judges conduct.

This was said in a reply written by Registrar Supreme Court to the Chairman Public Accounts Committee with the consent of full court bench of the Supreme Court in which it is mentioned that constitution prohibits PAC to call any official including Registrar of the apex judiciary, however President, being head of the state has the authority to decide about the consultative sphere of the Supreme Court, so the committee should consult President of Pakistan

If the committee is interested in a formal court order, it should approach the president , the letter said

The letter referred to Article 68 which said: “No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties”.

It is worth mentioning here that on the orders of former Chairman PAC Chaudhary Nisar Ali Khan, a letter was written to the Registrar Supreme Court for presenting its accounts before the committee, however it was not dispatched at that time. But new chairman Nadeem Afzal Chan ordered to dispatch it.

Courtesy: Dunya News Tv

http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9ODgxMzc=

Via – twitter

– – – – – – — — —- –

More detials » BBC urdu

http://www.bbc.co.uk/urdu/pakistan/2012/07/120703_pac_judges_sa.shtml

Chief Justice is responsible for the crisis – by Sikandar Mehdi

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.

Faisla Aapka with Asma Shirazi, 26th June 2012

Courtesy: LUBP

http://criticalppp.com/archives/82076?utm_source=twitterfeed&utm_medium=twitter

Via – Siasat.pk » YouTube » Twitter

Humor on current situation of Pakistan – 7th Nuclear Power

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 big Zero?” “Veena Malik”, “Rehman Malik”, “Riaz Malik“, “Tuk Tuk Misbah”, “Zubaida Aapa“,

Pakistan Zinda Baad, Pehlay Pakistan Sa Zinda Baag…

Courtesy: Pakistani e-lists, e-groups, 28 June, 2012.

‘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’

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

Constitutional Conspiracy against Chief Justice Iftikhar Muhammad Chaudhry – by Riaz Malik

Greetings to His Holiness Highness Chief Justice Iftikhar Muhammad Chaudhary

Dear Enlightened Ghairatmand followers of Chief Justice of Muslim Tehrik League Party and Supreme Leagues of Pakistan (Hamid Khan-Hafiz Saeed Group)

I am even more hurt than many of you at the blasphemous content that is being said about our Beloved Infallible Chief Justice. First it was RAW agent Markandey Katju who said:

“Pakistani court has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President.”

Pakistani Supreme Court has gone overboard – by Justice Markandey Katju (Supreme Court of India) http://bit.ly/NTQlXh

Just because someone adds Justice before their name, does not mean he knows more about the law than great Punjabi Puttar Patriots like Sharif-ul-Raiwand and Hazrat Imran Khan.

After that a deep Amriki-Zionist-Neocon-capitalist-Masonic Lodhi conspiracy has been hatched to entrap the brilliant but simple son of His Holiness Highness Chief Justice who we should refer to as Ibne Iftikhar out of respect for his infallible FATHER. Everyone knows that Ibne Iftikhar made his money from selling cures for cancer, sewing namaz caps and doing commentary on kabaddi tournaments.  In Monte Carlo casino, he was simply giving a lecture on advanced probability theory.  Along with his female teaching assistant, he was presenting on topics like random variables, stochastic processes and non-deterministic events. There is no evidence; this LUBP Special: Documentary evidence of payments made to Pakistan’s Chief Justice’s son is all rubbish.

Continue reading Constitutional Conspiracy against Chief Justice Iftikhar Muhammad Chaudhry – by Riaz Malik

Please, not again

By Saroop Ijaz

Jo shakhs tum se pehle yahan takht nasheen tha/ Usko bhi Khuda hone pe itna hi yaqeen tha” (“The person occupying the throne before you was equally convinced of his divinity”).

It is always slightly discomforting when one is deprived of a metaphor or an agreed upon symbol. ‘Dictatorship’ — of the Pakistani variety — has been defined over the years and now we have the definition down cold, it is almost an intuition now, for e.g., it is khaki in colour, comes from the GHQ etc. However, in the past few days, the term, ‘judicial dictatorship’ is making the rare appearance here and there. This is, admittedly, an awkward term and also perhaps, inaccurate since it seems to suggest that judiciary as a collective is becoming dictatorial. Over the past four years, the authority and decorum of all courts in Pakistan except the Supreme Court has seen tremendous erosion, with lawyers routinely beating judges up in civil courts and using ‘non-parliamentary’ language in the High Courts. There is no point in euphemism now, hence somewhat more precise would be the even more clumsy phrase, ‘dictatorship of the Supreme Court’ or some permutation thereof.

The Pakistan Supreme Court has sent an elected prime minister home. This in itself is disturbing, however, permissible it may be under some circumstances. What is infinitely more worrying is the fact that the Supreme Court did not feel itself constrained by the procedure of law. The argument that the order of the Speaker cannot overrule the Court is a very decent one, yet does not explain why the Court ignored the clear provisions of the Constitution to send the matter to the Election Commission of Pakistan. There is also the issue of the three-member bench making a mockery of the seven-member bench. However, there is a vaguely linear progression to all of this. The Supreme Court terminated the employment of  “PCO” judges without reference to the Supreme Judicial Council, which was allowed to go unexamined. More recently, when memberships of members of parliament were suspended for dual nationality, again without reference to the Election Commission of Pakistan, not enough noise was created. Demagogy has a tendency of being incremental sometimes; they have tested the waters and now found it appropriate for a splash. It is likely to get worse now, it always does.

Continue reading Please, not again

A bad movie plot

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.

Continue reading A bad movie plot

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.

A must read article of Khaled Ahmed – Fallout from Arsalangate

Fallout from Arsalangate

By Khaled Ahmed

The PPP government was already in the dock for corruption. Arsalangate dragged some other entities into it: the army, the media, and the chief justice

Malik Riaz Hussain, arguably the biggest real estate developer in Pakistan with ‘connections’, decided to reveal that he had been blackmailed by the son of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry and had allegedly been forced to spend nearly Rs 40 crore on him. He used journalists of a media house on a social media website to deniably make his case, after which the country witnessed a full-blown media scandal undermining the authority and credibility of the Supreme Court.

Called to the Supreme Court on suo motu, Malik Riaz submitted evidence of payments made to Dr Arsalan Iftikhar. He then went on TV and made additional allegations, some of them implying that Chief Justice Chaudhry may have been aware of what was going on. In answer, Dr Arsalan Iftikhar claimed that he had never met Malik Riaz and that he had received no payments from him or his relatives to finance his clearly lavish holidays abroad. Chief Justice Chaudhry expressed his complete lack of knowledge of all this.

The linguistic divide: One partisan of the debate that followed stated: ‘The Chief Justice took suo motu notice of the case and presided over the Bench while in the complete knowledge of the code of conduct of Judges. Given the experience and acumen of My Lord, the Chief Justice, one can say to a moral certainty that he would be aware of the general principle and the specific provision of the code of conduct, which requires judges not to hear matters involving immediate family members’. This comment was in English.

The first divide became visible on the subject and it was linguistic. In Urdu, the issue was addressed in the light of the example of Hazrat Umar who presided over the trial of his son and punished him with his own hands. This linguistic split – which is the most glaring ideological bifurcation in the country – was followed by politicians squaring off against one another: the PMLN and Tehreek Insaf announced themselves on the side of Chief Justice. They accused the ruling PPP of having engineered entrapment through Malik Riaz to get rid of the Chief Justice.

First Army, then TV Anchors: The media rallied to the defence of the Chief Justice. Most of the TV anchors thought it was a conspiracy to challenge the Chief Justice because he had made pointed investigations into “disappearances” in Balochistan. The implication was that the Army was offended and wanted the judge to ‘lay off’, and had used Malik Riaz to make revelations about Arsalan whose reputation was already subject of rumours in Pakistan for some time.

Continue reading A must read article of Khaled Ahmed – Fallout from Arsalangate

CMKP Rejects Judicial Coup in Pakistan

In his statement Dr. Taimur Rahman, General Secretary of the Communist Mazdoor Kissan Party Pakistan (CMKP) opposes the recent judicial coup against the elected Prime Minister of Pakistan. This decision by the SC, which is completely outside of the power of the Supreme Court, is simply one more coup in a series of coups that have been organized time and time again in the history of Pakistan against elected governments. These successive coups have destroyed the democratic process in Pakistan, destroyed any chance of the development of a mature political leadership. And finally contribute to nothing except to further fragment politics along reactionary right wing lines.

We would have been the first to support a change in government if it was the product of a mass movement of workers and peasants fighting for their rights. But nothing of the sort is taking place. In fact, the elected government and the right wing judiciary have been trading punches only within the framework of their own narrow class interests for the last four years.

When little over a week ago the moral authority of the judiciary was questioned in a fundamental manner over serious charges of corruption, the judiciary decided to act immediately before its own corruption was completely exposed to the public. Today all those allegations of corruption of the judiciary have been buried in an avalanche of right wing propaganda hailing the decision of the Supreme Court as a great step against corruption. Nothing of the sort has been achieved. In fact, a new PM will be elected very soon. The same case of writing a letter to the Swiss authorities to open cases against the President will be opened against the new Prime Minister. And the musical chairs will continue.

Continue reading CMKP Rejects Judicial Coup in Pakistan

Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

It has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President

By: Markandey Katju

When I was I was a student of law at Allahabad University, I had read of the British Constitutional principle ‘The King can do no wrong’. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court, that I understood its real significance.

The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face court proceedings for the same, the person at the apex of the whole constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime, the King cannot be dragged to court and made to face a trial.

One may ask why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

Following this principle in British constitutional law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution.

Thus, Section 248(2) of the Pakistani Constitution states:

“No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.”

The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the court should not twist or amend its language in the garb of interpretation, but read it as it is.

I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President.

Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court.

I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence.

The Constitution establishes a delicate balance of power, and each of the three organs of the state — the legislature, the executive and the judiciary – must respect each other and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice.

Continue reading Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

New York Times – Pakistan Court Orders Arrest of Presidential Ally

By DECLAN WALSH

ISLAMABAD, Pakistan – The high-stakes battle between Pakistan’s judiciary and government took a fresh twist on Thursday when a court issued an arrest warrant for a close ally of President Asif Ali Zardari, effectively blocking his nomination as the country’s next prime minister.

Mr. Zardari wanted Makhdoom Shahabuddin, a former health minister from Punjab Province, to replace Yousaf Raza Gilani, who was dismissed as prime minister by the Supreme Court on Wednesday.

But hours after Mr. Shahabuddin’s nomination, a magistrates court, prompted by the military-run Anti-Narcotics Force, ordered his arrest to face charges relating to the illegal production of a controlled drug two years ago.

The court also issued an arrest warrant for Ali Musa Gilani, a son of the outgoing prime minister, in relation to the same case.

The ruling party Pakistan Peoples Party quickly nominated a new candidate, former information minister Qamar Zaman Kaira, who now looks likely to become the prime minister after a vote in parliament on Friday.

The dramatic court manoeuver highlights the growing difficulty of separating law from politics in the country’s rapidly evolving machinations of power.

Mr. Zardari’s supporters, and some analysts, say judiciary is using its widening powers to erode the authority of the government and ultimately push it from power. “Absolutely no subtlety anymore in going after the govt. Amazing,” wrote Nadeem F. Paracha, a newspaper columnist, on Twitter.

Continue reading New York Times – Pakistan Court Orders Arrest of Presidential Ally

Life after Pakistan judicial coup

By: Manoj Joshi

On Tuesday, Foreign Policy and Fund for Peace published their fourth annual failed states index. The good news was that Pakistan had moved from the 12th position to the 13th in the rankings.

The bad was that on the same day, the Supreme Court of Pakistan had conducted a judicial coup and declared that Prime Minister Yousaf Raza Gilani stood dismissed from his office. ….

Read more » Wichaar.com

HRCP terms Gilani’s removal as depressing

LAHORE: The Human Rights Commission of Pakistan (HRCP) has called the disqualification of Yousaf Raza Gilani a sad occasion in a country where democratic traditions have perpetually been denied the nourishment they need to take roots.

Continue reading HRCP terms Gilani’s removal as depressing

The day justice was dispensed! – by Bahadar Ali Khan

A malifide intended PM has been disqualified. Every one on the streets is reciting ‘Va ja ul-hukke va zahaq-al-batil, Innul batila kana zahuka’. Finally piety, chastity and good has prevailed. There is fresh breeze of purity that is causing stir on the horizon of virtue. Crying babies have started giggling, trees and crops have started smiling, milkmen started distributing non-contaminated milk, the sounds of angels’s wings have started spurring on the sovereign aerospace of Pakistan, the faces of parliamentarians are beaming with the new respect that they have attained and last but not least executive has finally cheerfully decided to not to interfere in the craft of running a government again, ever! And every one is going to live happily ever after. Right?

I don’t know about you but personally I don’t agree with my above bizarre juxtaposition. Reality is actually more grim. From the history, we know there were times when military dictators would topple elected governments and aggrieved party would go to Supreme Court as a last recourse. But times have changed now. A bad and corrupt Prime Minister has been disqualified by an honest and upright judiciary. The maligned fellow was in General Musharraf’s dungeons when the same esteemed judges were taking oath under PCO ( not once but twice ) and gifted the blank cheque decisions to the dictator to amend the constitution, the way he pleased to do so.

Continue reading The day justice was dispensed! – by Bahadar Ali Khan

Stooges of deep state continue to harass elected leaders of PPP

Makhdoom Shahabuddin to be apprehended by ANF

By: Zuhaeb Nazir

ISLAMABAD: Prime Minister candidate, Makhdoom Shahabuddin may be arrested by the Anti Narcotics Forces (ANF), Aaj News reported on Wednesday.

The recently announced PM candidate is wanted by the ANF in the famous ephedrine case involving former Prime Minster’s son, Ali Musa Gilani.

According to Aaj News, Makhdoom Shahabuddin was wanted by the ANF because of his involvement in the ephedrine case during his tenure as Health Minister. …

Read more » Aaj Tv News

http://www.aaj.tv/2012/06/makhdoom-shahabuddin-to-be-apprehended-by-anf/

 

More of a political vendetta than a legal crusade – Los Angeles Times

Pakistan highest court ousts Prime Minister Yousuf Raza Gilani

The ruling stems from a conviction involving a graft case against Pakistan’s president. It sets up a clash between President Asif Ali Zardari and the judiciary.

By Alex Rodriguez, Los Angeles Times

ISLAMABAD, PakistanThe Pakistani Supreme Court ousted Prime Minister Yousuf Raza Gilani on Tuesday, leaving an important U.S. ally without a chief executive and setting up a showdown between the country’s president and judiciary that could lead to political chaos.

The ruling, triggered by Gilani’s contempt conviction in April for failing to revive an old corruption case against Pakistani President Asif Ali Zardari, potentially sets up a constitutional clash between the judiciary and parliament, which is controlled by Zardari’s Pakistan People’s Party, or PPP, and a fragile coalition of allied parties.

For now, Zardari’s party appeared to accept that Gilani and his Cabinet are no longer in government.

“Technically, after this Supreme Court decision, Gilani is no longer prime minister,” Qamar Zaman Kaira, a top party leader who up until Tuesday was information minister, said at a news conference. “And if the prime minister isn’t there, then the Cabinet is no longer there.”

Though Chief Justice Iftikhar Mohammed Chaudhry is revered in Pakistan as a bulwark against corruption, many experts believe his pursuit of the graft case against Zardari may be more of a political vendetta than a legal crusade. ……

Read more »Los Angeles Times

http://www.latimes.com/news/nationworld/world/la-fg-pakistan-gilani-20120620,0,2429553.story

One suo motu too many – By: Tausif Kamal

Whenever some of our preconceived myths are shattered by a stark, unyielding and yet truthful reality, we tend to revert to denial and a refusal to face up to the facts as they are

The Supreme Court’s short order in the Arsalan Iftikhar case absolving the Honourable Chief Justice (CJ) without any investigation or examination of any evidence in the underlying imbroglio is premature. It is in fact contradicted by the Supreme Court’s own statement in this order: “…the Supreme Court (SC)…cannot judge the guilt or innocence of the parties without evidence or trial…” So how is this ruling not applicable to the CJ, who is so intertwined in this scandal being the father of one of the main suspects, and whose judicial power is at the heart of this corruption scandal?

This is in way to imply that the CJ is guilty but there cannot be an exemption from inquiry and investigation along with other participants and witnesses, for possible criminal violations based just on mere words of one of the parties. Who is Malik Riaz to give a clean bill of health to the CJ? It is strange that the SC is relying on the good word of Malik Riaz whom the former considers to be an accused fit to be prosecuted for some serious criminal offences under Pakistan’s criminal laws.

To contend that the media is maligning the judiciary by highlighting this scandal is to blame the messenger and not the message. Let us not be sidetracked, for now at least, by corruption in the media, which no doubt prevails, but which is less important than the imperative of our judiciary to have an unassailable reputation and an image above reproach. Conducting a thorough probe or inquiry of all those allegedly involved, including the Honourable CJ, will clear rather than tarnish the judiciary’s reputation and remove the dark clouds hanging over our most esteemed institution.

The nation has a right to know answers to such vital questions as how long the CJ knew about his son’s involvement with Malik Riaz and how many meetings the CJ had with Malik Riaz before the matter was seized through a suo motu action. The only other acceptable alternative to such an inquiry would be for the CJ to quit honourably in the larger interests of the judiciary and the country.

Continue reading One suo motu too many – By: Tausif Kamal

The Wall Street Journal on Islamabad’s Judicial Coup

Islamabad’s Judicial Coup

The Pakistani Supreme Court’s decision Tuesday to dismiss Prime Minister Yousuf Raza Gilani signals the unnatural death of another civilian government. While less dramatic than the military variety, this judicial coup—carried out on the pretext that Mr. Gilani refused to pursue corruption charges against President Asif Ali Zardari—perpetuates the cycle of unelected institutions “rescuing” Pakistanis from their own chosen leaders.

The man responsible for this constitutional crisis is Chief Justice Iftikhar Chaudhry,

Continue reading The Wall Street Journal on Islamabad’s Judicial Coup

Pakistan – Things Fall Apart

By: Omar Ali

The Chief Justice has now dismissed the prime minister of Pakistan. Punditry cannot possibly keep up with this stuff. Last week, Pakistan was in the middle of “Bahriagate”, a scandal involving one of the country’s richest men and the same Chief Justice . Malik Riaz, who rose from minor defence contractor to the position of richest and most powerful real estate magnate in Pakistan, claimed to some journalists that he gave 340 million rupees and several luxurious free trips (including one to Monaco with an unidentified woman) to the son of the chief justice of Pakistan, and he had kept the reciepts. His motives for revealing this self-incriminating information remains unclear at this time. The Chief Justice, who had apparently been informed of some of these accusations at least six months ago (and whose unemployed son had been taking the extended family on some rather fancy vacations for the last 3 years), decided to take suo-moto notice of these accusations once they became public. After a somewhat theatrical public hearing in which the Chief Justice came to the Supreme Court with a copy of the Koran and quoted liberally from the hadith and sunna, he recused himself from the hearing and two of his fellow judges took over the case. Quoting again from the Koran and hadith, as is now the norm in Supreme Court judgments, the two judges recommended that the competent authorities should investigate and register cases against anyone who may have given or taken any bribes in this matter.

Continue reading Pakistan – Things Fall Apart

Questions Surround New Supreme Court Order Disqualifying Prime Minister

The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.

On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.

The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.

Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”

This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.

Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?

While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.

Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.

This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?

Courtesy: http://americansforpakistan.com/2012/06/19/questions-surround-new-supreme-court-order-disqualifying-prime-minister/

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

Daily Times Editrial : More loyal than the king

In a matter of days, the allegations of the real estate tycoon Malik Riaz against Dr Arsalan Iftikhar, son of the Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry, has taken on the hue of a full blown conflict between the accuser and the judiciary. In shocking but unsubstantiated accusations of a bribe amounting to Rs 340 million, and financing of lavish foreign trips, the Riaz claim, notwithstanding its yet to be proved veracity, points to the most important judicial body’s head. The accused is the son of the CJP, thus presenting a more than unpleasant scenario where the establishment of proper distance between the two parties — the accused and the CJP — must be maintained at all costs. A simple civil matter (with possible criminal implications), no matter how preposterous or outrageous it may appear, did not merit a suo motu notice by the Supreme Court (SC), the redundancy of which was proved during the first hearing for lack of concrete evidence. This case must be pursued through the normal course. The recusing of the honourable CJP from the initial bench is a positive step, and the future proceedings of the case would be transparent and unbiased too if the consideration that the accused is the son of the CJP is not allowed to influence the proceedings.

Continue reading Daily Times Editrial : More loyal than the king

Order from chaos

By Farrukh Khan Pitafi

Every wolf’s and lion’s howl

Raises from hell a human soul

— William Blake, “Auguries of Innocence

Every scandal that is brought to limelight brings with it some sign of hope. The Arsalan Iftikhar scandal is no exception. It is true that it raised some serious questions about the need for oversight over the conduct of the judiciary, the media and big businesses. Also true that it has brought our unceasing hypocrisy to the fore. Amazingly, many among those who insist that Arsalan was acting alone, even if he was not actually a victim of a conspiracy, also believe that since Abdul Qadir Gilani, the prime minister’s son, called Mubashar Lucman during a staged interview with Malik Riaz, it proves that the PPP government is involved in a plot to malign the judiciary. But what is good for the goose is also good for the gander, sirs. If you can readily believe that the chief justice’s son kept his father in the dark about his corruption, what is the harm in believing that Abdul Qadir Gilani, too, might have acted alone? …

Read more » The Express Tribune

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