Tag Archives: CJP

Talking to Radio Pakistan, Asma Jahangir said it makes no sense if only judges have to appoint judges

Prominent jurists give expert opinion on Judicial Commission for appointment of judges

They were speaking in Radio Pakistan’s programme ‘Naey Ufaq’‚ which was aired on Saturday night.

Prominent jurists have opined that composition of the Judicial Commission for appointment of judges was not complete and therefore‚ appointments so made are open to question.

Taking part in Radio Pakistan’s programme ‘Naey Ufaq’‚ on Saturday night‚ former Law Minister and senior jurist Khalid Ranjha said there would be nothing wrong with the proceedings of the Commission if someone from the existing members does not attend its meeting. However‚ as Pakistan Bar Council has not as yet nominated its member to the Commission‚ therefore‚ appointments done by it would not be in line with the spirit of the Constitution.

Another senior legal brain Latif Afridi also subscribed to this point of view and said an incomplete Commission should not conduct its proceedings for appointment of judges.

Former President of Supreme Court Bar Association Asma Jehangir said input from the legal community should also be included while making nominations for appointment of judges. She said it makes no sense if only judges have to appoint judges as the process may also result induction of people with questionable competence or background. ….

Courtesy: http://www.radio.gov.pk/newsdetail-36946

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Justice in Uthopia – Nadeem F. Paracha

In April 2007, one of my favorite cousins who was then a student at the prestigious LUMS in Lahore visited me on the evening of Chief Justice Iftikhar Chaudhry’s “historic” procession in Lahore (during the Lawyers Movement). She said she was joining many of her colleagues who were already at the event.

Knowing my past as a former student activist, she was taken aback when I told her I’m not all enthusiastic about the commotion.

Responding to my lukewarm reception to her youthful idea of “bringing a revolution,” she said the principle behind the tumult is vital.

“What principle?” I asked.

“Justice and democracy,” she said.

“But you don’t even vote!” I smirked. “90 per cent of the middle-class people I’ve heard passionately supporting the cause of the CJP (who was fired by the Musharraf dictatorship on corruption charges), have never bothered to vote. What democracy are you talking about?”

However, I did add that she should go to the rally to learn.

“Learn what?” She asked.

“Learn how the most vivacious leaders are better at hijacking movements than they are at initiating revolutions,” I replied.

“So why were you guys so gung ho about Benazir Bhutto in the 1980s?” She asked.

“Because Benazir inherently represented so many sides that were a natural anathema to whatever Zia’s dictatorship stood for” I said. “First of all, in an era of Hudood laws, chauvinism and mullah politicians, she was a woman; an educated and outspoken woman. Benazir shone brightly like the country’s finest hope for a democratic system.”

Continue reading Justice in Uthopia – Nadeem F. Paracha

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/

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

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

What kind of justice is this?

By: From the facebook wall of Aziz Narejo

Kill me here in court, but don’t send me to Darul-Aman” The words of Rinkal Kumari: “Everyone in Pakistan is hand in glove, there is justice only for Muslims, there is no justice for Hindus. Kill me here in court, but don’t send me to Darul-Aman, all these people are hand in glove, they will kill us”.

Even after repeated pleas by Rinkal Kumari & her parents, the court didn’t allow her to go with her parents. Instead the court sent her to shelter home in Karachi where she said that she faces threat to her life. What kind of justice is this?

Who will be responsible now if something happens to her? I think the Chief Justice & the other two members of the bench should be held directly responsible if something happens to her. A direct FIR should be registered against them in case something happens to Rinkal Kumari.

After Rinkal Kumari’s statement in the Supreme Court today & her cries to go with her parents, it is established beyond any doubt that she is separated from her family against her will & that she had been kidnapped & forcibly converted to Islam. Now it is the duty of the govt & the Supreme Court to immediately order the arrest of kidnapper Naveed Shah, his accomplices, MNA Mian Mithoo, Mithoo’s family members & armed men who harassed a Sindhi Hindu girl.

Shame on those Sindhis & Pakistanis who still support Mian Mithoo brand of forced conversion to Islam of non-Muslim girls.

The Supreme Court should immediately order a complete inquiry in the case & punish all the culprits.

Courtesy: Aziz Narejo’s facebook wall.

RInkle Kumari and her precedents

Brides of contention- (article from 1994..the more things change..)

Also see this article from a few days ago..and don’t miss this video celebrating Rinke Kumari’s conversion (reversion?) to Islam, complete with poetry by Allama Iqbal Jihadi. Click here

By Hasan Mujtaba (btw, notice that communists and socialists in both India and Pakistan have been more consistent than most in fighting such evils, sometimes at great personal risk)

( I wrote this story about forced conversion of Hindu women in Pakistan of 1994. So far forced conversion of Hindu women nothing has been changed. Even the modus operandi of forced conversions and its operaters remain as the same)…… …… ……… …….

On January 19, a Hindu girl named Daya Bai disappeared from her house in Daharki, district Ghotki (Sindh, Pakistan). She surfaced ten days later outside the deputy commissioner’s office, wearing bridal clothes,and accompanied by several hundred strong gathering (MANY OF WHOM WERE ARMED WITH AUTOMATIC WEAPONS) led by pirs of Bharchundi chanting Allaho – Akbar. During the nikah (wedding) that followed, Daya Bai’s mother wept inconsolably, repeatedly striking her head on the floor in anguish,”let me meet my daughter even if she is getting married’ she implored but her pleas fell on deaf ears.

For the Hindu community in Sukkur and Larkano, Daya Bai’s disappearance, conversion to Islam and subsequent marriage with a Muslim in suspicious circumstances is not unpresedented occurance. Between January and February at least 3 Hindu girls, Daya Bai from Daharki, Shakuntala from Pano Aquil, and Bhagawanti, the daughter of a Larkano professor were allegedly kidnapped from from their homes at the gunpoint. Of the three, Daya Bai and Bahgawanti converted to Islam and married muslim men whereas Shakunatala’s whereabouts are not known. Shakuntala, allegedly kidnapped from her home by a man named Kalhoro, she embraced Islam and married to someone other than her abductor. Speculation abounds that she may have been sold. The story of the daughter of Koro Mal, Hindu trader from Larkana, is similar. THERE ARE SEVERAL SUCH INSTANCES IN WHICH GIRLS BELIEVED TO HAVE ELOPED WITH THEIR MUSLIM LOVERS ARE NOT MARRIED TO THEM BUT WERE EITHER MARRIED OFF TO SOMEONE ELSE OR KILLED.

The increasing incidents of forcible conversions and marriages of Hindu girls have compelled some Hindus to migrate to India to protect their daughters and family honor. ‘The parents of girls who have met this fate are like the living dead’ says Ghanshyam Das a social worker in Kashmore.

Similarly, as Mukhi Nihalchand, a Hindu community leader in Rohri points out forcible conversion of Hindu men continues unreported and unabated. The conversion at Bharchundi of a Hindu boy from a wealthy Umerkot family sometime back is a case in point. After a while, the boy reconverted to Hinduism and migrated to India with his family.

Continue reading RInkle Kumari and her precedents

Is this justice??

By Beena Sarwar

Chief Justice of the Supreme Court of Pakistan has ordered Rinkal Kumari and Dr Lata Kumari to be sent back to Karachi shelter home for 3 weeks to give them time to “think”. Would he have done that if they had given statements in favour of their kidnappers?

Here is the account from a family friend of Rinkal’s” “When Rinkal came into court, without letting her meet her parents/mother, she (Rinkal) was brought to give statement in front of CJP, she only stated that she doesn’t want to go anywhere, BUT her mother. Then CJP met with Rinkal alone for about 20 minutes, and then let her mother meet her for only 10 minutes. Afterwards Rinkal was crying before CJP, she wanted to go to her parents. CJP said, girl wants to go with her parents but there is confusion as the girl had embraced ISLAM and had spent married life, so how can she turn around from her previous statement? Therefore, he ordered Rinkal to be sent to shelter home for more 3 weeks to think, along with Dr. Lata, who was sent to Shelter home on same grounds. Is this justice?? Chief justice should have backed innocent girls, supported them and should have ordered immense and appropriate action against Mullah and involved culprits, BUT after all he is a Muslim as well, he has intentions to book a plot in heaven as well…”

Rinkal Kumari said in court:..” Pakistan mein sab log ek doosre ke saath mile huwe hain, yahan insaaaf sirf muslaman ke lye hai, Hindu ke lye koi insaaf nahee hai, mujhe yaheen court room mein maar daalo, lekin Dar-ul-aman nahee bhejo, yeh sab log mile huwe hain yeh humein maar daalen ge“. Translation: (Everyone in Pakistan is hand in glove, there is justice only for Muslims, there is no justice for Hindus. Kill me here in court, but don’t send me to Darul-Aman, all these people are hand in glove, they will kill us) – KTN news channel live reporting captured on a personal camera – the reporter repeats Rinkals words quote-un-quote.

Courtesy: Adopted from Beena Sarwar’s facebook page

The supreme court on the army and ISI chiefs’ removal

By Nasim Zehra

Excerpt;

….. The prime minister is within his constitutional authority to remove the two chiefs, and therefore under what law would the Chief Justice of Pakistan interfere in the prime minister’s authority and ask for a no-removal guarantee by the latter? Giving such a guarantee would clearly restrict the constitutional powers given to the elected prime minister. Was the CJP overstepping his constitutional mandate? The CJP can re-interpret or use his own discretion, but not without undermining the Constitution.

Such an action by the CJP could set a dangerous precedent and could undermine the recent thawing of government-army tensions. The Chief Justice of Pakistan is humbly advised to re-trace his missteps on this matter. Meanwhile, the government would be ill-advised to give in writing that it will not remove the army and the ISI chiefs.

Courtesy: The Express Tribune, January 25th, 2012.

Supreme Court Bar Association (SCBA) President Asma Jahangir accused MQM of having involvement in the bloody incident of May 12, 2007, in Karachi, Sindh

– Asma blames MQM for May 12, 2007 incident

ISLAMABAD: Supreme Court Bar Association (SCBA) President Asma Jahangir on Wednesday accused the Muttahida Qaumi Movement (MQM) of having involvement in the bloody incident of May 12, 2007, in Karachi, and requested an independent inquiry into the incident.

As many as 49 people were killed and many others wounded four years ago on May 12 when a deposed Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry visited Karachi. Talking to reporters on the Supreme Court premises, the SCBA president along with Pakistan Bar Council (PBC) Vice Chairman Latif Afridi announced that the legal fraternity would observe May 12 (today) as black day to express solidarity with those 49 killed.

Asma said that on May 12, 2007, lawyers, journalists and members of civil society, who wanted to accord a rousing welcome to Justice Iftikhar Chaudhry deposed by former dictator Pervez Musharraf, were killed in Karachi. She demanded a free inquiry into the incident, and announced that on Thursday (today) the SCBA was convening a “protest meeting” at the apex court. The PBC vice chairman appealed to the CJP to take suo motu notice of the May 12 incident.

Courtesy: → Daily Times

via → http://strategist-7777.blogspot.com/2011/08/asma-jahangir-violence-in-karachi.html

May God Save Pakistan from these political Judges and Their Judgments

View the current political situation in Pakistan and the judgments of Apex court in the light of the Sharif borther’s stance because the judges are influenced by Raiwind. The CJP should now just move next door, the PM House. Since he wants to decide everything, starting from commodity prices to appointments at important positions, the PM House is a more logical place for him. Judges are being paid by public exchequers, if such functions are being done by the judiciary then what is the need and use of Parliament and Executive.

Many observers, once again are foreseeing the “Judicial Murder” of PPP. All roads are leading to Raiwind and Takht-e-Lahore. Mr. Najam Sethi, a brilliant intellectual has revealed all faces and forces of darkness right from the murder of Liaquat Ali Khan upto the murder of Shaheed Bibi. Many believe that something big Bang is on its way. Keep it up conspirators the war of power, dirty games, and sinister schemes! History will judge all of them because history is the final judge.

— — — — — —

Courtesy: Rawal TV (Current Affairs with Arshad Bhatti, 11th March 2011, Guest: Latafat Siddiqui)

via – Siasat.pk You Tube

Lahore High Court Chief Justice Khawaja Sharif – Tactless remarks!

Tactless remarks – Dawn Editorial

Such remarks warrant criticism but what makes them worse is the position of the person who makes them.

BARELY days after the Punjab chief minister was caught playing to the Taliban gallery, another high official from the province is in the spotlight for all the wrong reasons. This time, Lahore High Court Chief Justice Khawaja Mohammad Sharif has sparked outrage for reportedly saying that Hindus were responsible for financing acts of terrorism in Pakistan. The remarks came while the judge was hearing two identical petitions against the possible extradition of Afghan Taliban suspects. It may well have been a slip of the tongue by Mr Sharif, who might have mistakenly said ‘Hindu’ instead of ‘India’ — nevertheless it was a tasteless remark to say the least.

Continue reading Lahore High Court Chief Justice Khawaja Sharif – Tactless remarks!

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.

Continue reading CJP to remain PCO judge without fresh oath: Fazlur Rehman