Tag Archives: disqualification

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

When is the full coup? – by Mazhar Arif

The decision is being seen as the ‘decision by the Punjabi court’. The disqualification was celebrated and sweets were distributed only in Punjab

At last, the judicial coup!

Prime Minister Syed Yousaf Raza Gilani has finally been toppled. By whom? By the opposition parties with the support of ‘independent’ judiciary or by the ‘Supreme Judicial Party’ with the facilitation of opposition parties which challenged the National Assembly Speaker’s ruling through petitions? This is still under discussion. Some people say the court had the blessing of the army to do the task which the army itself could not do, though it has much experience of the sort, because of perhaps unfavourable strategic and geo-political conditions.

Others, however, are of the opinion that the apex court is a crucial part of the Pakistani establishment, which hardly believes in the supremacy of the parliament, and the verdict is outcome of its own loyalty towards the ideology of the state and the establishment. In this regard, they quote a recent observation made by Mr. Justice Jawad S Khwaja while hearing the contempt of court case against Mr. Gilani. Justice Khwaja remarked: “the judiciary was an independent organ of the state and was answerable to the people not the parliament.” This is, however, not clear how the judges are answerable to the people when they are not elected by them. People hardly know how and by whom they are chosen, selected and nominated.

The disqualification of the prime minister by the apex court is under criticism by a part of the lawyers’ community and a section of the media. The Express Tribune in its editorial under the headline “A Judicial Coup?” on June 20 says, “The Supreme Court, in claiming to represent the will of the people, has removed from power the people’s representative saying that he stood disqualified from being a member of parliament and hence the office of the prime minister since April 26 — the day he was found guilty of contempt. Support for the decision may not be unanimous mainly because of recent developments, especially where the Honourable Court was dragged into the Arsalan Iftikhar matter

Continue reading When is the full coup? – by Mazhar Arif

Showing the red rug to the bull!

PM contempt: ‘Govt will comply if SC orders Gilani’s disqualification’

By Web Desk / Sumera Khan

Excerpts;

…. Privilege motion against SC assistant registrar

The government has decided to move a privilege motion against the assistant registrar of the Supreme Court for writing a letter to speaker of National Assembly to initiate an action against the prime minister under recently passed judgment by the apex court.

Terming the letter ‘illegal’, Law Minister Naek said that the letter in which Speaker of National Assembly Fehmida Mirza was directed to implement the SC’s judgment was an open violation of law. Naek added that the assistant registrar of the Supreme Court is not authorised to issue directions to the speaker of National Assembly.

“We will move a privilege motion against assistant registrar as the letter is illegal which was written as a clear violation of rules and procedures. He has directed the speaker of National Assembly to implement the court’s verdict at the earliest which is we believe is an offence to the parliament.”

Naek went on to say that, “The parliament’s privilege was disparaged by the assistant registrar’s letter to the speaker of National Assembly directing her in the prime minister contempt case.”

Read more » The Express Tribune

Have you heard of any country where the apex court wants to hand over a sitting president to a foreign magistrate?

Will not write letter to Swiss authorities, PM tells SC

ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani on Monday submitted his reply to the Supreme Court in the contempt of court case, DawnNews reported.

In the reply, the prime minister formally informed the SC that he would not write the letter to the Swiss authorities to reopen graft cases against President Asif Ali Zardari.

The prime minister’s lawyer Chaudhry Aitzaz Ahsen’s associate Barrister Gauhar submitted the reply, consisting of 24 pages, to the apex court.

The PM claimed in his reply that he completely trusts the SC, but expressed reservations on the bench.

Gilani stated that he was wrongly convicted by courts for eight and ten years earlier too, but that he was as innocent then as he is today.

The prime minister claims that his decision to not write to the Swiss authorities was in good faith, and that the constitution does not allow him to write the letter. The reply further argues that presenting the president before a foreign would be in violation of the Constitution.

Earlier today, Aitzaz had said that it was not necessary that court’s verdict against Gilani would result in the premier’s disqualification.

Aitzaz said that Supreme Court should not take any decision on March 21 without hearing him.

Moreover, he also said that a sentence of less than two years could not disqualify the prime minister. Aitzaz added that following the constitution of Pakistan does not indicate that they are at odds with the judiciary.

He said that certain elements were trying to create a rift between the government and judiciary however they would not be allowed to succeed.

Courtesy: DAWN.COM

Via » Twitter

President pardons Nawaz Sharif

President pardons Nawaz; entire Sharif family exiled

– Nasir Malick and Faraz Hashmi

ISLAMABAD, Dec 9: President Rafiq Tarar has pardoned former prime minister Nawaz Sharif’s 25-year jail sentence but exiled the former prime minister and his family, a government announcement said in the wee hours of Sunday.

“On the advice of the chief executive, the president of Pakistan, according to law has pardoned Nawaz Sharif’s remaining jail sentence while the rest of the punishment awarded by the honourable courts, which includes fine, forfeiture of property and disqualification from public office would remain in place,” the announcement said.

“Nawaz Sharif and family have been exiled to Saudi Arabia. This decision has been taken in the best interest of the country and the people of Pakistan,” it said.

The former prime minister was awarded 14 years’ imprisonment on corruption charges, fined Rs20 million and disqualified from contesting election for 21 years. Mr Sharif, who was removed by the army in a bloodless coup, was sentenced to life imprisonment on charges of hijacking the plane in which General Pervez Musharraf was travelling. He had appealed in the high court, which had rejected the plea. He was fined Rs500,000 and forfeiture of property worth Rs500 million. ….

Read more : DAWN

How easily we forget Nawaz Sharif’s attack on Supreme Court

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Protesters halt Pakistani PM court case – BBC

The trial of Pakistan’s Prime Minister, Nawaz Sharif, has been halted after his supporters forced their way into the Supreme Court building in Islamabad.
Protesters shouted abuse against the Chief Justice, Sajjad Ali Shah, who was hearing a case of contempt of court, which could lead to the Prime Minister’s disqualification if he is found guilty. The court adjourned for the day.
The protest is the latest twist in the country’s constitutional crisis, which started over the appointment of five new judges to the Supreme Court.

Mr Ali Shah charged Mr Sharif with contempt after his outspoken criticism of the candidates. Mr Sharif responded by trying to remove him from office.

The two men are under considerable pressure from the country’s powerful armed forces to resolve the situation constitutionally.
Mr Ali Shah’s position in the court has become increasingly uncertain after an internal struggle emerged in the Supreme Court over his status. Four of his fellow judges in two separate hearings ruled he was suspended from office because he was not the most senior judge when he was appointed.
Friday’s trouble started when one of Mr Sharif’s Members of Parliament climbed over the gates in front of the court to get inside.
A crowd of a few hundred party supporters then began to follow him and, as the police and the security forces in riot gear stood by and did nothing, they pushed open the gates and ran into the court compound.
A few members of the crowd got into the court building and ran to windows and onto the roof of the entrance, chanting slogans against the Chief Justice.
Amid the commotion a court official ran to the courtroom and said the Chief Justice was in danger. The judges immediately adjourned proceedings and left the room.
Courtesy: BBC