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Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

It has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President

By: Markandey Katju

When I was I was a student of law at Allahabad University, I had read of the British Constitutional principle ‘The King can do no wrong’. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court, that I understood its real significance.

The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face court proceedings for the same, the person at the apex of the whole constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime, the King cannot be dragged to court and made to face a trial.

One may ask why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

Following this principle in British constitutional law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution.

Thus, Section 248(2) of the Pakistani Constitution states:

“No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.”

The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the court should not twist or amend its language in the garb of interpretation, but read it as it is.

I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President.

Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court.

I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence.

The Constitution establishes a delicate balance of power, and each of the three organs of the state — the legislature, the executive and the judiciary – must respect each other and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice.

Continue reading Pakistani Supreme Court has gone overboard – says Justice Markandey Katju (Supreme Court of India)

The End (of Religion) Is Near, Scientists Say

Scientists often have a funny way of talking about religion.

By Louis Ruprecht

A case in point concerns a new study that was discussed at the American Physical Society meetings in Dallas, Texas, in late March. Religion, it seems, is going extinct. You heard me: extinct. Dead and gone. Like the dinosaurs.

The data that a team of mathematicians used to reach this rather surprising conclusion were census reports of religious affiliation. Using a complicated means of mathematical analysis called “nonlinear dynamics”—complicated, ironically, because its purpose is to make complicated things simpler by reducing them to one variable—the team attempted to extrapolate from data on religious affiliation in nine countries: Australia, Austria, Canada, Czech Republic, Finland, Ireland, Netherlands, New Zealand and Switzerland.

Turns out, every case of self-reported religious affiliation is trending downward: 40% self-identify as religiously non-affiliated in the Netherlands, as do 60% in the Czech Republic. The mathematicians seem far more surprised by these numbers than most religionists would be. ….

Read more : Alternet.org

Pakistan : A great deal of ruin in a nation

Excerpt:

Why Islam took a violent and intolerant turn in Pakistan, and where it might lead

“TYPICAL Blackwater operative,” says a senior military officer, gesturing towards a muscular Westerner with a shaven head and tattoos, striding through the lobby of Islamabad’s Marriott Hotel. Pakistanis believe their country is thick with Americans working for private security companies contracted to the Central Intelligence Agency; and indeed, the physique of some of the guests at the Marriott hardly suggests desk-bound jobs.

Pakistan is not a country for those of a nervous disposition. Even the Marriott lacks the comforting familiarity of the standard international hotel, for the place was blown up in 2008 by a lorry loaded with explosives. The main entrance is no longer accessible from the road; guards check under the bonnets of approaching cars, and guests are dropped off at a screening centre a long walk away.

Some 30,000 people have been killed in the past four years in terrorism, sectarianism and army attacks on the terrorists. The number of attacks in Pakistan’s heartland is on the rise, and Pakistani terrorists have gone global in their ambitions. This year there have been unprecedented displays of fundamentalist religious and anti-Western feeling. All this might be expected in Somalia or Yemen, but not in a country of great sophistication which boasts an elite educated at Oxbridge and the Ivy League, which produces brilliant novelists, artists and scientists, and is armed with nuclear weapons. …

…. The future would look brighter if there were much resistance to the extremists from political leaders. But, because of either fear or opportunism, there isn’t. The failure of virtually the entire political establishment to stand up for Mr Taseer suggests fear; the electioneering tour that the law minister of Punjab took with a leader of Sipah-e-Sahaba last year suggests opportunism. “The Punjab government is hobnobbing with the terrorists,” says the security officer. “This is part of the problem.” A state increasingly under the influence of extremists is not a pleasant idea.

It may come out all right. After all, Pakistan has been in decline for many years, and has not tumbled into the abyss. But countries tend to crumble slowly. As Adam Smith said, “There is a great deal of ruin in a nation.” The process could be reversed; but for that to happen, somebody in power would have to try.

To read full article : Economist