Tag Archives: CJ Gate

Burma’s Parliament ‘impeach supreme court judges’

Burmese MPs force out constitutional court judges

MPs in Burma have forced out all nine judges of the constitutional court, in a row pitting the government against the parliament created as part of political reforms. State media said that President Thein Sein had accepted the resignations.

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Arsalan Iftikhar case: Asma voices concern over one-man commission

LAHORE: Former president of the Supreme Court Bar, Asma Jahangir on Monday said that the officer tasked by the SC to investigate the Arsalan Iftikhar case has close ties with the chief justice’s son and cannot be trusted to conduct a transparent investigation, DawnNews reported.

Speaking to media representatives at the Lahore High Court (LHC), Jahangir remarked that the UK’s Scotland Yard should be called in to probe the Arsalan Iftikhar case if Pakistani institutions are deemed unreliable.

Jahangir alleged that Shoaib Suddle, the investigating officer, is also known to regularly attend Arsalan Iftikhar’s events, she said, adding that he could not be expected to conduct a transparent investigation into the case.

Pakistan’s apex court is investigating allegations of a Rs342 million business deal between Dr Arsalan, son of Chief Justice Iftikhar Mohammad Chaudhry, and business tycoon Malik Riaz.

On Aug 30, the Supreme Court had accepted a review petition against its own earlier order, appointing Federal Tax Ombudsman Dr Mohammad Shoaib Suddle as the one man-commission to probe the controversial case. The commission is required to complete the task in a month.

Criticising the court’s decision, Jahangir said that if there were any questions over the National Accountability Bureau’s (NAB) investigating team, then the team could have been changed instead of changing the whole verdict.

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Pakistan’s chief justice considering broad Internet/ media censorship at request of Jamaat-e-Islami & PTI

CJ takes suo moto notice of obscene TV shows, internet sites

By: Ansar Abbasi

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry has taken notice of the applications filed by former Jamaat-e-Islami (JI) amir Qazi Hussain Ahmad and retired judge and PTI leader Justice Wajiuddin against growing vulgarity and obscenity in the society through electronic media, illegal Indian channels, cable network and internet.

Following the complaints from the two respected public figures, the Human Rights Cell of the apex court, following CJ’s direction, sought views from Chairman Pemra and Chairman PTA, both of whom, however, had given routine bureaucratic responses without any concrete assurance that the menace would effectively be checked and controlled. …

Read more » The News

http://www.thenews.com.pk/Todays-News-2-120964-CJ-takes-suo-moto-notice-of-obscene–TV-shows-internet-sites

The shadow of Zia (dictator’s ghost) still looms large over the Parliament

Rights activist and former Supreme Court Bar Association president Asma Jahangir.

Constitutional trap

By: Asma Jahangir

THE shadow of Zia still looms large over our political scene. Several parliaments and parliamentary committees have tried to exorcise this dictator’s ghost from the constitution but they never succeeded in rectifying all the ills. The current parliament is no different.

The committee drafting the 18th Amendment was urged time and again to do away with Zia’s crafty law that allows the disqualification of members of parliament. And now the PPP faces the consequences of its own omission as its prime minister is threatened with disqualification due to the Supreme Court judgment in the contempt case.

The SC has not convicted Prime Minister Yousuf Raza Gilani for obstructing the administration of justice but for ridiculing the judiciary. The court has been able to do this because of the law introduced by Zia. Article 63(g) is open-ended and can end up being used by the judiciary to persecute the politicians.

The law disqualifies anyone who has been convicted for “propagating any opinion or acting in any manner prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan…”

Very few would dispute that this article is problematic.

Continue reading The shadow of Zia (dictator’s ghost) still looms large over the Parliament

Bangladesh model » By Najam Sethi

As expected, the Supreme Court has sent PM Yousaf Raza Gillani packing. As expected, too, the decision has been hailed and decried by the opposition and government respectively. But independent opinion at home and abroad is uniformly critical of the court’s unprecedented political activism that has relentlessly targeted the PPP – the decision has been variously described as a judicial “soft-coup“, “vendetta-judgment” and “political victimization“.

Certainly, some of the SC’s recent judgments have dampened our enthusiasm for its “populism”. In the contempt case against Mr Gilani, for example, the 7-member court which convicted him with a 30 second punishment did not expressly disqualify him in its detailed judgment on April 26th, yet a 3-member bench did so summarily in a short order on 19th June on the basis of a highly dubious clause of the constitution which has never been used before according to which Mr Gilani has been deemed not to be a good Muslim or Amin! It is significant that the two petitioners in the case were PMLN and PTI leaders and the SC blithely entertained and adjudged their prayers directly instead of forwarding them to the election commission as expressly ordained by the constitution.

Earlier, the SC’s approach in the case of Arsalan Chaudhry, son of the Chief Justice, had raised many sober eyebrows. The CJ took suo motu note of it, chaired a two judge bench, put a copy of the Holy Quran on his desk and declared that justice would be done in an Islamic fashion a la Hazrat Umar, disregarding the very code of conduct for judges that he had personally helped to formulate in 2009 in which a judge may not sit in judgment in matters such as the one before him. Then he gagged the media and accuser, hauling up both for contempt. No less disquieting was his decision not to set up a neutral commission of inquiry of either the bar or bench as demanded by many, instead passing the buck to the controversial Attorney General, a clear deviation from his decision to set up a judicial commission to investigate Memogate. Under the circumstances, if the AG’s Joint Investigation Team comprising the FIA and NAB holds against Arsalan Chaudhry and or the CJP and his family, it will be denounced as a vindictive attempt by the government to hurt the CJP and SC. The decision against the PM comes on the heels of the Arsalan case and has swiftly diverted public attention from it. What next?

Continue reading Bangladesh model » By Najam Sethi

ISLAMABAD: Pakistan People’s Party (PPP) has nominated the name of Makhdoom Shahbuddin for the office of Prime Minister, sources said.

According to the sources, the decision was taken in a meeting of senior leaders of PPP held here on late Tuesday under the chairmanship of President Asif Ali Zardari.

The meeting also decided that the National Assembly session would be summoned on Thursday for the election of the leader of the house, sources added. …

Read more » The News

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.

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Barbaric attitude of Karachi Bar Association – Zahid Bukhari, Aitzaz Ahsan barred from law bars

Zahid Bukhari, Aitzaz Ahsan barred from Sindh law bars

Excerpts;

KARACHI: Advocate Zahid Bukhari and Barrister Aitzaz Ahsan have been banned from entering all law bar associations …

The decision to bar the entries of Bukhari – the counsel for Malik Riaz – and Aitzaz was taken during a meeting of Sindh lawyers, organised by the Karachi Bar Association.

The Karachi Bar Association president, while announcing the decision, said that the step was taken to express support for the Supreme Court. ….

Read more » The Express Tribune

The way ahead – By Najam Sethi

In India at least half a dozen chief justices in the past have been accused of corrupt practices or conduct unbecoming a judge of high stature. However, none has ever been dragged to the dock. But matters are very different in Pakistan where the chief justice and the Supreme Court are battling for their credibility and independence because of the misdemeanours of the son of the chief justice. There is bitter discord in state and society. The fear is that if the political fallout isn’t quickly contained, the military might be tempted to step into the fray.

Riaz Malik has presented credible evidence of footing the bills of Arsalan Chaudhry, the son of the CJP, for more than Rs 34 crore in the last three years for favours promised but not fulfilled in cases of property disputes relating to Mr Malik’s business empire pending before his father in the SC. He claims he was blackmailed by Arsalan Chaudhry to cough up or face hard times in the court before his father. Arsalan says he was entrapped in order to influence his father. In the event, Arsalan took favours from Mr Malik but his father didn’t return the compliment, which raises the question of who was blackmailing whom and who gained and who lost from this unholy transaction.

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Brown Pundits – Pakistan; the sausage factory is getting exposed

Pakistan: the sausage factory is becoming dangerously transparent

By Omar

The latest scandal in Pakistan involves the leading business tycoon of the country spending (he claims) 340 million rupees on the son of the chief justice of Pakistan. Said tycoon Riaz Malik used to be a struggling contractor who hit paydirt with high-end housing colonies named “Bahria colony” (the name means “navy”…and some admirals are said to have sold him access to that name and the authority of Pakistan’s smallest armed force). Now one of the richest men in the country, Malik Riaz has been profiled in this documentary by TV anchor Sohail Warraich.

Suggested names for this scandal include “bahriagate”, “familygate” and, more originally (from lawyer Feisal Naqvi) “liti-gate”! Conspiracy theorists are busy trying to figure out if this whole thing was orchestrated by the army (unhappy over the chief justice’s asking questions about missing persons in Balochistan) or by Zardari or by the CIA and Mossad and RAW.

But whatever the details, one thing is clear to an outside observer. The walls of the sausage factory are becoming dangerously transparent. 11 retired generals work for Malik Riaz. Many admirals and generals smoothed his path to wealth. Many journalists are being accused of being on his payroll. And its not just this scandal. The son of the prime minister is accused of smuggling controlled substances. The brother of the almighty army chief is being targeted in a whispering campaign. Secret agencies, hidden camera videos, trips to Monte Carlo with mysterious women…its all out in the open or threatening to come out. All this has happened in other countries (well, maybe some of it has). but times are tough, the economy may tank, the security establishment has got itself into a fight with its traditional American patrons. There was never a real national ideology behind the claptrap taught in 6th grade. What will hold the center? These things can get out of hand.

Continue reading Brown Pundits – Pakistan; the sausage factory is getting exposed