Tag Archives: Cheif Justice

The mote in our eyes, the wool in our ears – Ayaz Amir

Excerpt :-

… But to the fair, politicians can also be their own worst enemies. Look at the furore over fake degrees, which amounts to the manufacturing of a wholly unnecessary crisis, as if there weren’t enough real problems meriting our attention.

Fake degrees was an issue which should have been addressed at the time of Musharraf’s assemblies. He allowed an entire army of maulvis to contest the 2002 elections knowing that the academic-cum-religious degrees with which they were armed were little better than the paper they were written on. Even otherwise a cottage industry sprang up to cater to the needs of budding legislators in need of false degrees.

This issue was brought before the higher courts but they sat on it and passed no judgment. Chief Justice Iftikhar Chaudhry became CJ (at Musharraf’s hands, let us not forget) way back in 2006. Shouldn’t he have woken up to this mischief then? One reason why the holy fathers of the Mutahida Majlis-e-Amal stayed in line for much of Musharraf’s tenure was because of this particular skeleton rattling in their cupboards. ..

To read full article >>- THE NEWS

Courtesy:  http://www.thenews.com.pk/daily_detail.asp?id=248424

12th May, 2007: Watershed in Pakistan’s history

by: Aziz Narejo, TX

May 12th, 2007 should be a watershed in the history of Pakistan. On that day a military dictator and his collaborators in the London-Karachi based terrorist group stood against and confronted the popular movement in Pakistan for restoration of the deposed Chief Justice of the Supreme Court.

The terrorists with the connivance of the Military Establishment, unleashed a reign of terror in Karachi, that day and killed and injured scores of people, harassed media and tried to stifle any voice for democracy and justice. The people of Karachi witnessed what naked terrorism could be. The thugs who believe in political blackmail and use of violence to achieve their objectives were at their worst. At the end of the day, the coward dictator raised his both arms in front of a coward in Islamabad and showered praises at ‘his’ men in Karachi who through the use of force had stopped the Chief Justice from reaching the Sindh High Court. In his words it was the manifestation of the ‘people’s power’.

Such occurrences can’t be stopped and undemocratic forces can’t be effectively defeated if the London-Karachi based terrorists and the ex-military dictator are not taken to the courts of law for their crimes against the people, democracy and the rule of law. No amount of appeasement would stop the undemocratic and terrorist forces from raising their heads again and again and play havoc with the people.

Immediate steps should also be taken to free the cities of Karachi and Hyderabad of the arms and ammunition. It is not just the areas of North Western Pakistan that have some terrorists. There are even more dangerous terrorists in the cities of Sindh that have taken the whole country hostage. They need to be tackled and de-weaponized too.

May 12, 2010

Appointment of Judges : President Zardari’s decision is in accordance with the constitution – prominent jurists say

Legal experts divided over appointments

Courtesy: Daily Times

LAHORE: The legal fraternity of the country remained divided over its views on the Supreme Court’s suspension of the presidential appointment of two top judges in an emergency ruling late on Saturday. Former Supreme Court Bar Association, SCBA president Ali Ahmed Kurd said the principle had been set by the SC verdict in the Al-Jihad Trust case that the senior most judge of a high court would be elevated to the Supreme Court. Barrister Zafar Ali Khan and former SC judge Fakhruddin Ebrahim also termed the president’s decision as being in accordance with the constitution. Prominent jurist Fawad Chaudhry said the president’s decision was in accordance with the constitution. He said according to Article 206 of the constitution, the judge stood as “retired” after refusing to accept the decision of elevation. People Lawyers Forum leaders Tanvir Hashmi and Rana Sufiyan Ali said the president’s decision was in accordance with the constitution and the SC verdict in the Al-Jehad Trust case.However, former Punjab advocate general Ashtar Ausaf said the president’s decision is unconstitutional as he acted against the CJP’s recommendations. Senior lawyer Dr Khalid Ranjha said a “vacuum is being deliberately created” to pave the way for third party interference.

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On the NRO judgement – By Dr Manzur Ejaz

Dr. Manzur Ejaz

WASHINGTON DIARY: On the NRO judgement

Courtesy: WICHAAR

The decision of the Pakistan Supreme Court on the National Reconciliation Ordinance (NRO) was a foregone conclusion. This was a badly written law, easily susceptible to promoting discrimination, corruption, misplaced classification of prosecuted groups of people (the corrupt, murderers, rapists, etc). Additionally, it violates the basic tenets of the constitution. However, the Supreme Court decision manifests contradictions and lack of historical perspective that has to be given primacy in national decision-making.

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How Long Can Mr. Zardari Last In Power?

The court ruling on NRO is expected to pave the way for several petitions in the supreme Court, challenging both Mr. Zardari’s eligibility to contest the 2008 presidential election and the immunity that is granted to him under the Constitution. While ordering that all the withdrawn cases be revived, the court also said it did not trust the government prosecutors to do this, and was therefore appointing a monitoring cell in the Supreme Court as well as all the four provincial high courts for the speedy prosecution of the cases. President Zardari is in the direct line of fire by the superior court and the country’s establishment is behind the move and President Zardari is on their Notice board and radar.

Judiciary losing its sparkle

By Kuldip Nayar

Courtesy: Dawn, 11 Dec, 2009

During the Second World War, Winston Churchill, the then British prime minister, wrote to the lord chancellor, the chief justice, to ensure that the judiciary delivered justice.

Concerned, the lord chancellor asked Churchill why he had expressed such a fear when his attention was focused on how to stop the advancing Nazis. Churchill replied that as long as people were sure of getting justice, they would fight for their country even in the middle of reverses.

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CJP to remain PCO judge without fresh oath: Fazlur Rehman

fazal-al-rehmanCourtesy and Thanks: Daily Times Monitor
LAHORE: Chief Justice of Pakistan (CJP) Iftikhar Chaudhry will continue to remain a Provisional Constitution Order (PCO) judge if he does not take a fresh oath under the constitution, Jamiat Ulema-e-Islam- Fazl (JUI-F) chief Fazlur Rehman said on Monday. A private TV channel cited him as saying that he had not been taken into confidence over the reinstatement of the CJP. He claimed he had merely been a spectator in the decision taken by the government. He said that while the judicial crisis had been ostensibly resolved, there were still several glaring contradictions.

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Opinion- Why Sindh is not part of celebrations of Nawaz sharif revolution?- by K.M. Kolachi

BY K. M. KOLACHI

Nawaz Sharif is against Mushrraf and was not ready even to talk and compromise with him. He wanted Mushraf to be ousted at earliest but Mr Nawaz Sharif could not manage such long march during the tenure of Mushraf. In my view this long march was made successful by hidden forces to convey message to USA that Zaradari has no free hand and can be made under pressure any time. In the situation when March appeared to be getting forceful USA came to compromise by accepting Chief Justice .This is not first time that USA has compromised to keep Pakistan as partner in war on terrorism. Before this unaccounted supply of money, recent favor to help Pakistan in getting loan from IMF and also soft attitude on the time of recent dispute between India and Pakistan are more examples of compromise by USA.

Although there is no declaration of any agreement but the indication in press are very clear that matter of Chief Justice was resolved as result of an agreement whereby chief justice will not touch missing peoples issues. In this way the interests of Zardari and USA has been taken care of. On the other hand when Chief Justice has accepted some conditions how he will be able to retain his title of totally neutral. In my view it was play between the strong lobbies within boundry and each of them know their limits.

Pakistani press, anti Sindhi elements and establishment has been making propaganda against Sindhis and has always been considering them hurdle. As result of long propaganda Punjabi and Urdu speaking brothers have same approach for Sindhis. Since Bhutto was Sindhi and peoples party is some times hurdle being united platform of majority Sindhis every one who will be in better position in PPP may it be Zardari or other will be criticized by those lobbies. As result of that propaganda it has become fashion to talk against Zardari. We want him to take all decisions on merit ignoring the powerful factor in country and international forces. The article of Dr. Manzoor Aijaz few days ago on Zardari also seems to be under same approach and fashion and this too has been focused on limited areas under specific purpose. As referred in article that it was political wisdom of Nawaz Sharif that he came to lead the issue. Look at his wisdom in recent past when he two times decided to boycott elections. Once BiBi and other time Zardari convinced him to change the decisions. Where he had been politically if he had boycotted the election.

March 20, 2009

ATLAST DEPRESSION FOR MR. ZARDARI

by Dr Ali Akbar Dhakan, Karachi, Sindh
A letter was published entitled ”An open letter to Mr Zardari” in Daily Dawn dated 19 May, 2008, indicating danger of stubbornness and inflexibility from a circle of courtiers encircled around him who will not provide a good source of advices but only misguidance, insanity and illadvices to serve their own vested interests.The same thing happened and atlast they depressed Mr. Zardari and became a bad source for his besiege and degradation. At last sanity prevailed and a good decision for the restoration of the Chief Justice of Pakistan was taken in the early hours of 16th March 2009

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Pakistan’s Zardari Isolated and under Pressure

Courtesy and Thanks: The Irish Times, March 20, 2009
Many within the ruling party fear the president will leave the country politically adrift after the recent crisis, writes PAMELA CONSTABLEin Islamabad
PAKISTAN’S RULING party, which narrowly survived a meltdown this week in the face of massive street demonstrations, is working to regroup and regain credibility despite the weakened position of its top leader, President Asif Ali Zardari. Many Pakistanis hope Zardari, who was forced to capitulate to a coalition of opponents on Monday and reinstate a group of deposed senior judges, will rise above his personal defeat and reach out to forge a permanent reconciliation, especially with his arch-rival, ex-prime minister Nawaz Sharif.

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We lost moral ground!

by Haider Bhurgri, Islamabad
.. It is a war fought on pragmatic para meters not on our ethnic emotions. It would have been a good decision had it been taken timely (soon as the PPP govt was installed), but it was held back to brew creating enemies among the friends (like Aitzaz Ahsan, Rashid Razvi etc are friends of Sindhis). I saw some of the friends expressed paranoid that Aitzaz is hatching a conspiracy against Sindhis, though he was not there.
And now what is good about decision of reinstatement of CJ! It is not taken on principle, it has been forced by Army, America and mob. We lost moral grounds, allowed Nawaz Sharif Saheb who became hero at our cost…

CJ reinstatement: congratulations to Sindhi community in North America

by Aziz Narejo, TX, USA
An epic struggle by lawyers, civil society activists and some political parties has finally succeeded and the government has been forced to reinstate the judges deposed by military dictator on 3rd November, 2007. SANA has been steadfastly supporting the reinstatement of the Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Choudhry and other judges. Our members have organized, supported and participated in several rallies in USA and Canada for the cause and we have been writing on various forums on the subject.
I congratulate SANA members on the reinstatement of the Chief Justice and other judges.