Tag Archives: Chief Justice

Musharraf on the run after bail cancellation

.This act of the former military ruler “underscores his disregard for due legal process and indicates his assumption that as a former army chief and military dictator he can evade accountability for abuses”, Ali Dayan Hasan, Pakistan director at Human Rights Watch said in a statement.

“It is essential that Pakistan’s military authorities which are protecting the former dictator comply with the Islamabad High Court’s orders and ensure that he presents himself for arrest,” the statement added.

It further said that “continued military protection for General Musharraf will make a mockery of claims that Pakistan’s armed forces support the rule of law and bring the military further disrepute that it can ill afford.”

ISLAMABAD: General (retd) Pervez Musharraf on Thursday escaped from the premises of the Islamabad High Court after the cancellation of his bail application by Justice Shaukat Aziz Siddiqui in the judges detention case.

Immediately after the bail cancellation, police tried to reach the former military ruler but he was escorted by his personal security, fleeing in his bullet-proof black four-wheeler.

“Islamabad High Court has cancelled Musharraf’s bail and ordered his arrest in the judges’ detention case today,” said Muhammad Amjad, secretary-general of Musharraf’s All Pakistan Muslim League party.

In a written judgement printed in English, the IHC ordered that: “He (Musharraf) be taken into custody and dealt with in accordance with law.”

The detailed verdict issued by the Islamabad High Court ordered for terrorism to be added to the list of charges against the former military ruler. The order further said that Musharraf’s exit from the court earlier during the day warranted for separate charges to be filed against him.

According to reports, Musharraf’s lawyers reached the Supreme Court to file a pre-arrest bail application in order avoid his surrender to the police.

However, the SC returned the 14-page bail application as the timings for the Registrar’s office had ended. Musharraf’s lawyers are now expected to resubmit the appeal on Friday.

After departing from the IHC’s premises, Musharraf had reached his farmhouse in Chak Shahzad, a suburban area on the outskirts of Islamabad where security was beefed up and all entry and exit routes to the area were blocked.

Continue reading Musharraf on the run after bail cancellation

INHERENT FLAWS IN THE NRO JUDGEMENT.

It is said that the Petitioners and the Honorable S. Court wanted to reverse and nullify the benefits and the harmful effects of this defunct Ordinance, but adjudicating and declaring a dead law as void is not the legal way to go about doing this. There were other ways to do this

FLAWS IN THE NRO JUDGMENT –  by: Tausif Kamal

Courtesy: CRDP, Fri, 29 Jan 2010

Finally I’ve had a chance to review the detailed NRO judgment somewhat and would like to offer the following comments on the Islamic aspects or the Islamic angle firstly and then on other shortcomings of this supposedly ‘landmark’ decision by the Pakistan’s Honorable Supreme Court.

Continue reading INHERENT FLAWS IN THE NRO JUDGEMENT.

Punjab Politics and Judiciary!

A lawyer’s ‘safarnama’ – By Khaled Ahmed

Tribune

A Lahore lawyer Khwaja Muhammad Sharif travelled to the Philippines and the UK in 1995 and carefully recorded his observations during the tour. His jottings became the book that appeared titled Shakh-e-Nazuk kay Ashiyanay (Nests built on a Weak Branch) published by Kausar Brothers Publishers, Turner Road Lahore. Fifteen years later, he is the Chief Justice of the Lahore High Court.

For full article, click here

The NRO judgment cannot be all about the evil in President Asif Ali Zardari.

Flaws in the judgment – By Asma Jahangir

Courtesy: Dawn.com

The Supreme Court (SC) has spoken and the nation must bow its head. The chief justice has asked members of the bar to pray for the judiciary. This too must be respected, as the Almighty alone can rescue those who wish to destroy themselves.

There is open friction between the ruling party and the court. By not restoring the SC judges earlier and letting Justice Dogar run amok with the law, the government lost face.

Continue reading The NRO judgment cannot be all about the evil in President Asif Ali Zardari.

NRO Annulment – Opportunities and Challenges for Sindhis

By: Khalid Hashmani

The recent voiding of National Reconciliation Ordinance (NRO) by the Supreme Court of Pakistan (SCP) has generated an intense debate among Pakistanis. Among Sindhis, much of the debate on this topic is happening informally and on off-the-record forums as Sindhis find themselves torn between two opposing interests. On one hand the annulment of NRO has a potential to destroy the current leadership of PPP and hence eliminate what ever little say Sindhis have in the decision making process of Pakistan.

Continue reading NRO Annulment – Opportunities and Challenges for Sindhis

Shaheed Bibi, we are ashamed…

by Iqbal Tareen

CLICK HERE TO WATCH SINDH TV ON SHAHEED BENAZIR BHUTTO

How could we live with our conscious in peace without bringing assassins of Shaheed Raani to justice? Mohtarma was not a private person but a hope for 170 million peoples of Pakistan especially for the poor men, women, and children of Pakistan. No one even her husband or children have right to forgive anyone of her assassins or let them off the hook.

I know Bibi said “Democracy is a best revenge” but democracy without justice can’t deliver the revenge. Let us pledge not to rest until the culprits involved in this heinous crime are sent to court of law.

Let us fill up the streets, ring the tallest bells for justice and send a powerful message to Chief justice Chaudhry Iftikhar that civil society and peoples of Pakistan did not support him for restoration of Chief Justice but justice in Pakistan.

Above documentary was produced and released by Sindh TV News on Shaheed Benazir Bhutto’s death anniversary. It is an apology submitted to Shaheed Raani for failing to catch her assassins and conspirators. Please click http://vimeo.com/11411306 to watch this video.

May 3, 2010

Do not criticize parliament very harshly

Don’t vilify parliament – by I.A. Rehman

Courtesy: Dawn

If the practice of abusing parliamentarians left, right and centre, started by authoritarian rulers, continues the transition to democracy will never be completed.

That the constitutional reform package should have come under attack in some quarters did not cause any surprise because the concept of democratic consensus is alien to Pakistan’s political barons. What is astonishing is the degree of freedom from good sense shown by some elements while demonising parliament.

Continue reading Do not criticize parliament very harshly

18th amendment: who derailed it and why? It seems he got a message ..

To read Nazir Naji’s article on the same issue in urdu, please click here

***

Spanner in the works

Courtesy: Dawn Editorial

Mr Sharif has now suggested that he wants there to be a majority of serving judges on the judicial commission, a position that has been championed by those in the media and the legal community who have fervently supported the Chief Justice Iftikhar Chaudhry-led superior judiciary.

Thursday was supposed to be a day of celebration. The Raza Rabbani-led committee on constitutional reforms was supposed to complete its task and the country was supposed to be on the verge of getting what it has not had in decades: a constitution enjoying the broad support of a legitimately elected parliament. But then Nawaz Sharif held a press conference and announced that a consensus had still not been reached. It was dramatic, it was thoroughly unexpected, it was, sadly, vintage Pakistani politics.

Continue reading 18th amendment: who derailed it and why? It seems he got a message ..

Judges Required The Endorsement of Parliament – Prime Minister Yousaf Raza Gilani says

During the session of the Parliament on Feb 15, 2010, Prime Minister, Yousaf Raz Gilani said the Judges including chief justice Iftikhar Chaudhry were restored on executive order and the Restoration of the Judges should be endorsed through the Parliament. [To read report at BBC urdu, click here]

Prime Minister’s Speech in Assembly – Feb 15th 2010

Source – http://www.youtube.com/watch?v=4ZV1ipgnd20&feature=player_embedded

The crisis is systemic and will continue. Alarming indeed.

Omar Ali

Alarming indeed. Yesterday, chief sahib was sitting with Zardari with his arm on the back of the chair. He USED to sit with both hands squeezed between his thighs. In astrological circles, this is regarded as a very bad sign….

Having said that, I dont think much will change for the vast majority of our people even if chief sahib makes a move. The crisis is systemic and will continue. If the PPP had managed more political change, then the relapse into military rule would have been a huge disaster. As it is, they have not really been able to grab the initiative at all. Since we havent moved FORWARD as much as was needed, the setback may also be less of a change. People inside the country will be able to give a more accurate reading of the situation..

In any case, there is a fair amount of development work going on in infrastructure now and its financed and monitored by outside powers, so its likely to continue. IF chief saheb makes his move, then there will be fewer sindhis and more brigadiers trying to get in the way of the people actually doing the work.

The transformation from Jihadi state to normal country will be pushed back a bit, but with Anne Patterson sahiba keeping an eye on things, who knows, even that may not change much either way….

Courtesy: crdp@yahoogroups.com, Sat Feb 13, 2010

Chief Justice Hit by Shoe Missile

Attacker hits Israeli chief justice with sneaker

Courtesy: Associated press, YahooNews

JERUSALEM – An Israeli man hurled his sneakers at Israel’s Supreme Court chief justice on Wednesday during a hearing on medical marijuana, hitting her between the eyes, breaking her glasses and knocking her off her chair.

Dorit Beinisch, who is in her late 60s, was not seriously hurt, and the incident appeared to be an isolated one, though there have been rising numbers of threats against the judiciary. The judge was hit by the first shoe and knocked to the ground as the second one flew overhead, witness Michael Eden said.

Continue reading Chief Justice Hit by Shoe Missile

As a loyal citizen and well wisher of Pakistan I have following concerns on the NRO judgment

By Dr Ali Akbar Dhakan

As a loyal citizen and well wisher of Pakistan I have the following concerns on the NRO judgment.

The decision of the honorable court of Pakistan against NRO is the first of its kind in the judiciary history in Pakistan that was praised and appreciated by all within the country and also in foreign countries. Apparently in a paradigm it has been thought out that it has shown the sense of honesty and justice to establish check and balance and make a lesson for upper class of people to become honest in their dealings and to improve the standard of poor people of Pakistan by rooting out the corrupt practices and make the country and people of Pakistan prosperous and well off.

But there is a perception that due to the specifics of judges towards some individuals, the verdict is creating the following conjunctions :

(1) It means the honorable court has rejected the restoration as CJ of Pakistan because the CJ were sworn by the present President of Pakistan and approved by the present Prime Minister and National Assembly of Pakistan .

(2) It means the honorable court has rejected the present setup of Government which got existence through the NRO which means that the concept of reconciliation has been canceled and the situation of the system of Government before the NRO has been established or the dictator`s regime has been established.

(3) Through NRO , the President was sworn by the then CJ which has also been rejected .

(4) The Prime Minister who was taken Oath by the President has also been rejected.

(5) All the MNAs, MPAs, CMs and Senators took Oath from the PM and Provincial Governors who have been rejected by the decision.

(6) It means that after cancellation of NRO, all the prevalent system of Government and institutions has been canceled and rejected.

(7) All the Political leaders who were in exile returned to Pakistan due to NRO and without NRO, their return would have been impossible .

(8) The elections held in the country through which the organization of the present Governance and democratic institutions would have also been impossible.

(9) How to compensate the political leaders who faced all sorts of media trials, punishment and imprisonment before NRO verdict.

DR ALI AKBAR DHAKAN

CHAIRMAN, SINDH DEVELOPMENT FOUNDATION,

A-106 SHANTI NAGAR DALMIA KARACHI-12

KAR LO JO KARNA HAI – President Zardari vows to fight back

President Zardari vows to fight back

Courtesy: APP

ISLAMABAD, Dec 19 (APP): President Asif Ali Zardari Saturday said the PPP will use democracy and constitutionalism as its weapons to fight its adversaries and foil all conspiracies against it. He said this while addressing the concluding session of the Central Executive Committee (CEC) meeting of the party in the Presidency on Saturday.The CEC of the party not only reposed full confidence in his leadership but also vowed to rally around him at time when he is the target of criticism and political attacks from all around and to put up a fierce fight in his defence.

Continue reading KAR LO JO KARNA HAI – President Zardari vows to fight back

The state has given up

Courtesy: Daily Times Editorial
April 6th, 2009
President Asif Ali Zardari has “ordered an inquiry” into the public flogging of a 17-year-old girl in Swat, and Chief Justice Iftikhar Muhammad Chaudhry has taken his famous suo moto notice by asking the IGP NWFP to produce the girl in court. But we all know nothing can be done against the Taliban who did the evil deed, and that the girl will not come to the court unless the Taliban allow it. More likely, she may be killed instead of being allowed to attend the CJ’s court. As for the ANP government, it had better look after Peshawar because it is once again under siege from the Khyber warlord.

Continue reading The state has given up

Justice Chudhry v/s Justice Dogar

by Manzoor Chandio, Karachi, Sindh
The writer works in daily dawn Karachi and he can be reached at catalyst2pk@yahoo.com
Blog: http://manzoorchandio.blogspot.com/
Justice Chaudhry took his oath from military dictator Musharraf. Justice Dogar took his oath from military dictator Musharraf. What’s the difference?.. As far as Justice Chaudhry’s performance is concerned, I think Justice Dogar is second to none.
Justice Chaudhry worked his entire tenure under an unconstitutional military regime. Justice Dogar worked most of his tenure under a constitutional government.
Justice Dogar took hundreds of suo moto actions, including eight after reading Kawish. These cases related to the violation of human rights, abuses of women and children.
Late BB, the PPP and we all supported the reinstatement of judges not the removal of judges. The PML-N kept demanding the removal of judges which is against the Constitution.
There is a provision in the Constitution that judges can be appointed but judges can’t be removed.
We’ve always deliberated that all problems are created by military regimes which continue spiraling affecting democratic governments for years. The judges’ issue was created by a military government which has domino effects till today and it will continue for years. What is dangerous now that the PML-N are not ready to look forward to make a fresh start?
Yes Punjab and PML-N have right to protest. And there should not be police and army to stop them. For the last 63 years, establishment turned the green of Bengal into red, they raped thousands of women, they killed and maimed thousands of Sindhis during the MRD for demanding democracy and they killed and bombed the Baloch for demanding freedom.
Even during the lawyers’ movement, we saw bodies of Sindhis lying on Shahra Faisal. Hundreds of people were killed and hundred others were injured. But guns were silent in Punjab on the same day. Even lathis were not used. Why this difference?

Continue reading Justice Chudhry v/s Justice Dogar

What Chater of Democracy says;

by Manzoor Chandio, Karachi, Sindh
The writer works in daily dawn, Karachi and he can be reached at catalyst2pk@yahoo.com
Blog: http://manzoorchandio.blogspot.com/
..Chauvinists with the religious obscurantists is not new phenomenon for Sindhis. From the Pakistan Resolution (1940 Resolution) to the Charter of Democracy, they have routinely flouted making Pakistan a constitutional democracy.
They have always cheated the Sindh, killed Sindhi leaders and looted the resources.. in the name of Pakistan and Islam. The Pakistan Resolution envisaged “sovereign” and “autonomous” states in Pakistan. Sixty years on, we have yet to see “sovereign” and “autonomous” Sindh. How the .. PML-N chauvinists .. recently threw the Charter of Democracy into a dustbin and started blackmailing the PPP government.

Continue reading What Chater of Democracy says;

Style of politics!

by: GN mughul

.. The then Sindhi Chief Justice of Pakistan, Syed Sajjad Shah was also one of the victim of Nawaz Sharif’s style of politics. Not to that extent but one more Sindhi i.e. former Caretaker Prime Minister Ghulam Mustafa Jatoi was also one of the victims of Nawaz Sharif. The fact is that when the then PP Government headed by Mohtarma Benazir Bhutto was dissolved, Ghulam Mustafa Jatoi was inducted as the Caretaker Prime Minister with the promise that after the general elections he would continue as Prime Minister of Pakistan. But, after the elections, Nawaz Sharif rebelled against Ghulam mustafa Jatoi and establishment supported Nawaz Sharif and as the result of behind the scene manouverings Nawaz Sharif was made Prime Minister of Pakistan instead of Ghulam Mustaf Jatoi.

March 22, 2009

Pakistan is undergoing very interesting times

pak_usby Khalid Hashmani, McLean, Virginia, USA
The writer can be reached at khashmani@hotmail.com
Those of you who live within the commuting distance of Washington DC are urged to attend an important discussion on Federalism and Democracy in Pakistan on Friday, March 20 at 12 PM at the School of Advanced International Studies (SAIS).
Pakistan is undergoing very interesting times with developments that are both encouraging and alarming at the same time. The good news is that the present Government listened to the overdue demand of people to restore justices that were illegally fired by General Musharraf. The bad news is that some are declaring PPP and President Asif Zardari as villains and former Prime Minister Nawaz Sharif and his party PML-N as heroes in the crisis that just ended. The fact is that PPP and President Zardari did display admirable flexibility by announcing restoration of justices. As more and more news of what happened in the last few days trickles, it appears that PML-N had chosen the part of confrontation and wanted to instigate inter-provincial fighting in order to put pressure on the Pakistan military to over-throw the present government.
This seminar is an opportunity to probe into questions such as what motivated Punjab and federal security forces to refuse maintain the writ of duly elected federal government in Punjab, where as the security forces become ruthless in other provinces? Were any anti-Sindh slogans raised during the long march demonstrations? Why are anti-Sindhi slogans raised in at least some of the gatherings organized by PML-N, Jamait-i-Islami and Tahrik-e-Insaf. These are important questions, particularly for the people of small provinces of Pakistan.
I have also noticed that some Pakistani academician and Think-tank people continue to feed wrong information to the US policy advisors. I am also alarmed that in the last couple of Washington DC seminars, the same people are proposing creation of 16 provinces/divisions .
It is imperative that overseas Sindhis should show renewed energy and participate vigorously in advocacy activities to ensure that the same forces who ensured that the writ of elected government is ignored in Punjab do not succeed in securing US support for the proposal to create 16 provinces in Pakistan.

Let us welcome restoration of CJ and hope he will help in restoration of provincial rights

by Khalid Hashmani, McLean, Virginia, USA
It is indeed a good decision by the PPP leadership to show flexibility and restore illegally fired justices including Chief Justice Iftikhar Choudhry. At the same time, after hearing that anti-Sindh and anti-Sindhi slogans were raised in Punjab, I am fearful that the federal judiciary may derail the train moving towards provincial autonomy. Unless the restored justices are pure hearted souls, their future rulings may favor rulings that favor federal jurisdictions over provincial matters and concurrent lists. I hope my fears are unfounded. Otherwise, Sindhis may see some real tough times.

Chief Justice reinstated

iftakharPakistan said to give in to protesters’ demands
by Laura King,
Courtesy and Thanks: LA Times
March 15th, 2009
– Wichaar.com

Reporting from Islamabad, Pakistan – Wild rejoicing erupted in the Pakistani capital early Monday amid news reports that the government would capitulate to protesters’ demands to reinstate the popular chief justice fired by former President Pervez Musharraf. Word of the reversal by the government of President Asif Ali Zardari came as a huge caravan led by opposition leader Nawaz Sharif bore down on the capital in defiance of a government ban. Police resistance had melted away hours earlier as the convoy left Lahore, a center of Sharif’s power, with the crowd that accompanied him dismantling barricades along the 200-mile stretch of road to the capital. As the night wore on, thousands of followers flocked to the slow-moving convoy’s route, throwing rose petals and dancing by the roadside.

Continue reading Chief Justice reinstated

Opinion- Sindhis should support restoration of judiciary including deposed chief justice of SCoP, justice Iftikhar

by Mohammad Khan Sial

I suggest that people of Sindh (Sindhis) must support Long March meant to restore judiciary including chief justice of supreme court of Pakistan (SCoP) Justice Chaudhry Iftikhar. Justice Chaudhry Iftikhar had took more than 5,500 suo moto actions including of missing Dr Safdar Sarki. I remember when I was in El-Campo, TX, I created a special website for Dr Safdar Sarki. On behalf of his family members, I made correspondence to Ms Benazir Bhutto Shaheed, Chairperson, PPP and other political parties. Only BB replied and strongly supported the release of Dr Sarki despite she was heading separate political party She strongly raised the issue of Dr sarki about 8/10 times at different occasions and assured all support to the family members of Dr Sarki.

Continue reading Opinion- Sindhis should support restoration of judiciary including deposed chief justice of SCoP, justice Iftikhar

The real goal of PML-N is to topple the PPP govt

by Prof. Gul Agha

It is clear that the real goal of PML-N is to topple the PPP govt., as they did last time they controlled Punjab. PML- N who attacked the Supreme Court have never apologized or even acknowledged their sins. They do not respect this one either and would not respect any other. The only reason they are interested in restoring the most recent past Chief Justice, CJ is to get President Zardari out-of-the-way. After all, they are not demanding restoring Chief Justice Sajjad Ali Shah…..

March 13, 2009

Courtesy: Sindhi e-lists/ e-groups.

Former acting CJP demands restoration of pre-Nov 3 judiciary

Says, by his own admittance, Musharraf’s Nov. 3 action was extra-constitutional. Terms Musharraf “de facto” ruler.

TORONTO, Canada: Former Acting Chief Justice of Pakistan, Mr. Justice  Rana Bhagwandas, on Wednesday night, said he was positive about the restoration of Justice Iftikhar Mohammad Chaudhri and his colleagues, deposed by President Musharraf’s emergency rule on November 3, 2007.

Delivering a lecture to a large gathering at the University of Toronto on “the Independence of the Judiciary and its importance for democracy in Pakistan,” – organized by the Sindhi Association of North America’s GTA Chapter – Justice Bhagwandas said that by his own admittance before the media, President Musharraf, who he termed “de facto ruler and self-styled president,” had taken an extra-constitutiona l step by declaring emergency in the country and removing the CJP and several other superior judges, adding that this action was in fear of a negative verdict by the Supreme Court on a petition challenging Musharraf’s eligibility to run for presidential elections as he was the COAS and hence a public servant.

Justice Bhagwandas praised the efforts of Justice Iftikhar Mohammad Chaudhri to uphold the independence of judiciary. He said, “in the recent past, when the fundamental rights of the people of Pakistan were grossly trampled, the right to freedom of expression, human liberties free from undue interference and right of association were unlawfully disturbed and illegal restrictions were imposed on the media, the superior judiciary in Pakistan being the custodian of the Constitution and basic human rights and liberties of the common man and guaranteeing the fundamental rights of the people, under the stewardship of Justice Iftikhar Mohammad Chaudhri became actively responsive.” He said the judiciary’s suo moto actions were taken in the public interest and to ensure compliance of the laws of the land and not on any whims or due to judicial activism. The executive’s role in suppressing the superior judicial, he sid, was shameful.

Justice Bhagwandas said that the deposed judges would have to be restored with full past benefits. The independence of the judiciary, he pointed out, was essential to the economic, social and political welfare of the country. In the absence of a strong and independent judiciary, he held, investors were moving their money to Dubai and elsewhere.

On judicial reforms, Justice Bhagwandas said that the legal education system required updating and improvement; training of judges of the subordinate judiciary was also very necessary, adding that it was the responsibility of the legislature to initiate judicial reforms.

To a question whether or not the present PPP government woul restore the deposed judges, Justice Bhagwandas evaded giving a political statement and just said the judges will be eventually restored. However, to another question, he did express disappointment with the present government’s nonchalance in addressing this critical issue. Answering another question on PPP Co-Chairperson Asif Zardari’s statement in an interview that Justice Iftikhar Chaudhri had delayed attending to his case, Justice Bhagwandas said that that was not the whole truth!

Among the audience were a large number of students, businessmen and members of the media including Anis Farooqui of Voice of Toronto and Adil Rashdi as well as prominent intellectual and member of the Pan

Canada journalists’ forum, Munir Pervaiz. The President of SANA GTA, Mr. Kolachi welcomed Justice Bhagwandas while Farooq Shaikh and Maqsood A. Soomro gave the introduction and conclusion addresses respectively.

Courtesy: Voice of Toronto

Source – http://www.voiceoftoronto.com/

12th May a black day

by Aziz Narejo, TX, USA

Lawyers, political groups, human rights activists and pro-democracy elements will be observing black day tomorrow to condemn the terrorism on the day a year ago to block the Chief Justice, Mr. Justice Iftikhar Muhammad Chaudhary’s visit to Karachi at the bidding of military dictator Pervez Musharraf.

The fascist group’s violence that day had resulted in a large number of casualties and huge loss to properties. It was a brutal attack on the lawyers, journalists, political activists and general public to stop them from welcoming the CJ and to hamper their struggle for non partisan independence of judiciary, freedom of media, democracy and rule of law.

It is essential that all of us join in to observe the black day and demand that all culprits who launched a reign of terror on the people must be brought to justice. There should be no compromise with the criminals if we don’t want death to principles, justice and fairness. (May 11, 2007)

May 11, 2009