Tag Archives: Judge

I am Babar Sattar

By: Saad Rasool

His loyalty swears allegiance to the empire of law, not to the seat of any judge

I have been raised on the idea that a man keeps his distance from friends when they are in high places, and never leaves the side of a friend who has been knocked to his knees by life. In fidelity to this ethos, the following is a howl from my wounded heart, in defence of my friend, Babar Sattar, whose intellect, audacity and honesty, has cost him the wrath of the mighty and the powerful!

Let me emphasize at the very outset that I agree with, and endorse, every word written by Babar in his op-ed piece, “Hubris as Justice?”. And, as we customarily state in legal pleadings, ‘let the contents of that piece be read as an integral part of this article’. By that virtue, the fundamental principles of consistency and equality (in law) mandate that whatever is done unto him, be also done unto me. Anything else, in constitutional jargon, will be a violation of Article 25 of the Constitution (discrimination).

Let me begin with a slight background for those who are unaware of all that has transpired: On Tuesday, Babar wrote an op-ed piece, which was critical of some of the jurisprudential trends emanating from the honorable Supreme Court. The article was published in Dawn, since The News International refused to publish this piece (as Babar’s weekly column), alleging that it was ‘unbalanced’. That same day, the contents of this article were highlighted (with praise!) in a programme on Geo TV. Thereafter, almost instantly, the content and context of this article became the topic of discussion across all tele- and social-media waves. As expected, soon enough, this piece caught the attention of the honorable judges of the apex court, who viewed it as a tremendous act of insubordination (by a former of the legal fraternity). Immediately, contempt notices were issued to the publisher as well as the media-giant that telecasted Babar’s opinion. The matter, soon enough, will be taken up for ‘dispassionate’ adjudication.

Continue reading I am Babar Sattar

The Three Heroines of Guatemala: The Judge, the Attorney General and the Nobel Peace Laureate

Former Guatemalan President Efrain Rios Montt was hauled off to prison last Friday. It was a historic moment, the first time in history that a former leader of a country was tried for genocide in a national court. More than three decades after he seized power in a coup in Guatemala, unleashing a U.S.-backed campaign of slaughter against his own people, the 86-year-old stood trial, charged with genocide and crimes against humanity. He was given an 80-year prison sentence. The case was inspired and pursued by three brave Guatemalan women: the judge, the attorney general and the Nobel Peace Prize laureate.

“My brother Patrocinio was burnt to death in the Ixil region. We never found his remains,” Rigoberta Menchu told me after Rios Montt’s verdict was announced. She detailed the systematic slaughter of her family: “As for my mother, we never found her remains, either. … If her remains weren’t eaten by wild animals after having been tortured brutally and humiliated, then her remains are probably in a mass grave close to the Ixil region. … My father was also burned alive in the embassy of Spain [in Guatemala City] on January 30th, 1980.”

Rigoberta Menchu was awarded the Nobel Peace Prize in 1992, “in recognition of her work for social justice and ethno-cultural reconciliation based on respect for the rights of indigenous peoples.” She continued telling me about her family’s destruction: “In 1983, my brother Victor Menchu was also shot dead. His wife had her throat slit, and he was fleeing with his three children. Victor was jailed in the little town, but his three children were kept in a military bunker. My two nieces died of hunger in this military base, and my brother Victor was shot. We still have not found his remains.”

Continue reading The Three Heroines of Guatemala: The Judge, the Attorney General and the Nobel Peace Laureate

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

Spain’s Chief Justice Quits Over Claims of Misusing Public Money

 

By RAPHAEL MINDER

MADRID — Spain’s image suffered another blow on Thursday when the chief justice of the Supreme Court resigned after being accused by a fellow judge of claiming vacations as business expenses.

The court’s chief justice, Carlos Dívar, also quit as leader of another institution, the General Council of the Judiciary, which acts as the administrator of Spain’s judiciary.

Chief Justice Dívar’s expense scandal came to light while the judiciary was being strained by several corruption cases against politicians from the country’s main parties. The monarchy has also been tainted by the investigations, with the son-in-law of King Juan Carlos I becoming the first member of the royal family to appear in court, in February.

Continue reading Spain’s Chief Justice Quits Over Claims of Misusing Public Money

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/

PAKISTAN: A Hindu girl was forced to convert to Islam and is now missing – the judge and police have sided with the perpetrators

The Asian Human Rights Commission (AHRC) has received information that a 14-year-old girl, from the Hindu religious minority community was abducted by gangsters and forcibly converted to Islam. When a police case was filed against the abductors the girl was produced before a Magistrate’s Court by the gangsters to record a statement that she has embraced Islam as her religion. The irony of the judicial process is that the judicial magistrate has accepted her subsequent marriage as legal in spite of the Pakistan law which does not allow the marriage of girls before the age of 16 years. Her age was forged from 14 to 18 by the police and perpetrators before the judicial magistrate who had never asked for evidence about her age.

The father of the victim received information from the police that girl has been shifted to the tribal areas of the Pakistan, close to Afghanistan border for nefarious designs.

The police took five days to file the First Information Report (FIR) providing good time to the perpetrators to manage a forced marriage. The three young sisters, their mother and one brother of the victim were terminated from the employment from the same factory where their sister was employed because the parents of the victim had mentioned the registration number of the car of the factory in which their daughter was abducted. ….

Read more » Asia Human Rights Commission

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-115-2012

The Washington Post – Pakistan’s Supreme Court sets collision course with new prime minister

By Richard Leiby

ISLAMABAD, Pakistan–Pakistan’s Supreme Court on Wednesday demanded that the nation’s brand-new prime minister follow an order to reopen a long-dormant corruption case against President Asif Ali Zardari, setting up the likelihood of a continuing constitutional crisis.

The court last week disqualified from office Yousuf Raza Gilani, Pakistan’s longest-serving prime minister, whom it convicted of contempt in April because Gilani refused to follow the same order.

The ruling party replaced Gilani with a former federal energy chief, Raja Pervez Ashraf, who has already indicated he will not comply with the order and who faces his own set of corruption charges in a separate case before the high court.

Some political and legal observers have accused the court, headed by populist, corruption-battling chief justice Iftikhar Chaudhry, of working to destabilize an already-shaky civilian government. Ashraf and his predecessor maintain that the constitution grants the president immunity from prosecution, but the court has consistently ruled otherwise, saying no one is above the law. …..

Read more » The Washington Post

Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

Continue reading Judicial responsibility and organs of state

Please, not again

By Saroop Ijaz

Jo shakhs tum se pehle yahan takht nasheen tha/ Usko bhi Khuda hone pe itna hi yaqeen tha” (“The person occupying the throne before you was equally convinced of his divinity”).

It is always slightly discomforting when one is deprived of a metaphor or an agreed upon symbol. ‘Dictatorship’ — of the Pakistani variety — has been defined over the years and now we have the definition down cold, it is almost an intuition now, for e.g., it is khaki in colour, comes from the GHQ etc. However, in the past few days, the term, ‘judicial dictatorship’ is making the rare appearance here and there. This is, admittedly, an awkward term and also perhaps, inaccurate since it seems to suggest that judiciary as a collective is becoming dictatorial. Over the past four years, the authority and decorum of all courts in Pakistan except the Supreme Court has seen tremendous erosion, with lawyers routinely beating judges up in civil courts and using ‘non-parliamentary’ language in the High Courts. There is no point in euphemism now, hence somewhat more precise would be the even more clumsy phrase, ‘dictatorship of the Supreme Court’ or some permutation thereof.

The Pakistan Supreme Court has sent an elected prime minister home. This in itself is disturbing, however, permissible it may be under some circumstances. What is infinitely more worrying is the fact that the Supreme Court did not feel itself constrained by the procedure of law. The argument that the order of the Speaker cannot overrule the Court is a very decent one, yet does not explain why the Court ignored the clear provisions of the Constitution to send the matter to the Election Commission of Pakistan. There is also the issue of the three-member bench making a mockery of the seven-member bench. However, there is a vaguely linear progression to all of this. The Supreme Court terminated the employment of  “PCO” judges without reference to the Supreme Judicial Council, which was allowed to go unexamined. More recently, when memberships of members of parliament were suspended for dual nationality, again without reference to the Election Commission of Pakistan, not enough noise was created. Demagogy has a tendency of being incremental sometimes; they have tested the waters and now found it appropriate for a splash. It is likely to get worse now, it always does.

Continue reading Please, not again

A bad movie plot

By: Irfan Husain

ANOTHER day, another crisis in Pakistan. What else is new? Given the roller-coaster ride we have been on these last few years, nothing has the power to surprise or shock anymore.

Even the fact that a warrant for the arrest of Makhdoom Shahabuddin has been issued just as he was filing his nomination papers for election to the prime ministership causes a big yawn.

If a screenwriter had crafted the script we have been following, a movie producer would have rejected it for being too unbelievable. The whole business about a tycoon bankrolling a series of multimillion dollar holidays for the chief justice’s son and his family is bizarre enough. But in a swift counterstroke, the prime minister is dismissed by the top judge, pushing his son’s scandal into the background.

Continue reading A bad movie plot

Judge Iftikhar Chaudhry threatens Pakistan’s democracy

By George Bruno

As the NATO military offensive against the revitalized Taliban progresses in Afghanistan, the political situation in neighboring Pakistan remains tense in a way that can directly impact U.S. military and political objectives in the region.

I have long believed that the pacification of the extremist threat in South Asia and around the world can only be accomplished in an environment of democracy and the rule of law. Any assault on these values fuels the fires of fanaticism.

Continue reading Judge Iftikhar Chaudhry threatens Pakistan’s democracy

Pakistan courts order arrest of new prime minister nominee

Having already ousted one prime minister this week, Pakistan’s courts on Thursday sabotaged the appointment of a replacement by ordering the arrest of the man nominated to take up the job.

By Rob Crilly, Islamabad

The extraordinary move deepens the sense of political crisis in a country already reeling from an Islamist insurgency, economic woes and crippling power shortages.

Mahkdoom Shahabuddin, who most recently served as Textiles Minister, was due to be voted into office by parliament on Friday, replacing Yousuf Raza Gilani who was disqualified by the Supreme Court earlier this week.

Mr Shahabuddin was selected by President Asif Ali Zardari after two days of talks as the man best able to keep his coalition government alive until elections due early next year.

But no sooner had his name been announced than an arrest warrant was issued for his alleged role in a corruption scandal involving controlled drugs.

Fawad Chaudhry, a senior figure in Mr Zardari’s Pakistan’s People’s Party (PPP), said the arrest warrant was the latest attempt by unelected judges to bring down the government.

“This has been going on for one and a half years,” he said. “If they really believe he is involved why have they waited until today to issue an arrest warrant?”

Party leaders were meeting on Thursday night to select an alternative candidate. Qamar Zaman Kaira and Raja Parvez Ashraf, both former ministers in Mr Gilani’s cabinet, filed nomination papers for the post ahead of Friday’s parliamentary vote.

Pakistan’s civilian government, military and judiciary are locked in a three-way tussle for supremacy.

Continue reading Pakistan courts order arrest of new prime minister nominee

New York Times – Pakistan Court Orders Arrest of Presidential Ally

By DECLAN WALSH

ISLAMABAD, Pakistan – The high-stakes battle between Pakistan’s judiciary and government took a fresh twist on Thursday when a court issued an arrest warrant for a close ally of President Asif Ali Zardari, effectively blocking his nomination as the country’s next prime minister.

Mr. Zardari wanted Makhdoom Shahabuddin, a former health minister from Punjab Province, to replace Yousaf Raza Gilani, who was dismissed as prime minister by the Supreme Court on Wednesday.

But hours after Mr. Shahabuddin’s nomination, a magistrates court, prompted by the military-run Anti-Narcotics Force, ordered his arrest to face charges relating to the illegal production of a controlled drug two years ago.

The court also issued an arrest warrant for Ali Musa Gilani, a son of the outgoing prime minister, in relation to the same case.

The ruling party Pakistan Peoples Party quickly nominated a new candidate, former information minister Qamar Zaman Kaira, who now looks likely to become the prime minister after a vote in parliament on Friday.

The dramatic court manoeuver highlights the growing difficulty of separating law from politics in the country’s rapidly evolving machinations of power.

Mr. Zardari’s supporters, and some analysts, say judiciary is using its widening powers to erode the authority of the government and ultimately push it from power. “Absolutely no subtlety anymore in going after the govt. Amazing,” wrote Nadeem F. Paracha, a newspaper columnist, on Twitter.

Continue reading New York Times – Pakistan Court Orders Arrest of Presidential Ally

People never to permit undermining of Parliament: Zardari

ISLAMABAD: President Asif Ali Zardari said Wednesday that the people of Pakistan would never permit undermining of the Parliament behind different pretexts and they know how to ensure the supremacy of the Parliament and the Constitution.

He said, “the era of packing the Parliament through the back door by using the defunct Article 58 (2) (b) is over for all times and no back doors and side doors will be allowed to be reopened for sending the elected Parliaments home.”

“Our people will also not suffer a destiny thrusted upon them by militants and extremists in the name of religion or in any other name,” he added.

The president said this in his message on the 59th birth anniversary of Benazir Bhutto falling on Thursday.

President Zardari said, “On the eve of her 59th birthday I wish to reiterate our commitment to the values of supremacy of the Parliament and the Constitution and the building of a modern, egalitarian and pluralistic society in which everyone is allowed opportunity to help shape his or her own destiny—values for which she stood and fought for and when the time came even laid down her life for it.”

He said Benazir Bhutto led from the front the battle for democracy against all sorts of bonapartes and extremists.

“She believed in a moderate and pluralistic Pakistan where ballot determined the ultimate choice of the people and where the House elected by the people representing their will was supreme.”

Continue reading People never to permit undermining of Parliament: Zardari

The day justice was dispensed! – by Bahadar Ali Khan

A malifide intended PM has been disqualified. Every one on the streets is reciting ‘Va ja ul-hukke va zahaq-al-batil, Innul batila kana zahuka’. Finally piety, chastity and good has prevailed. There is fresh breeze of purity that is causing stir on the horizon of virtue. Crying babies have started giggling, trees and crops have started smiling, milkmen started distributing non-contaminated milk, the sounds of angels’s wings have started spurring on the sovereign aerospace of Pakistan, the faces of parliamentarians are beaming with the new respect that they have attained and last but not least executive has finally cheerfully decided to not to interfere in the craft of running a government again, ever! And every one is going to live happily ever after. Right?

I don’t know about you but personally I don’t agree with my above bizarre juxtaposition. Reality is actually more grim. From the history, we know there were times when military dictators would topple elected governments and aggrieved party would go to Supreme Court as a last recourse. But times have changed now. A bad and corrupt Prime Minister has been disqualified by an honest and upright judiciary. The maligned fellow was in General Musharraf’s dungeons when the same esteemed judges were taking oath under PCO ( not once but twice ) and gifted the blank cheque decisions to the dictator to amend the constitution, the way he pleased to do so.

Continue reading The day justice was dispensed! – by Bahadar Ali Khan

One suo motu too many – By: Tausif Kamal

Whenever some of our preconceived myths are shattered by a stark, unyielding and yet truthful reality, we tend to revert to denial and a refusal to face up to the facts as they are

The Supreme Court’s short order in the Arsalan Iftikhar case absolving the Honourable Chief Justice (CJ) without any investigation or examination of any evidence in the underlying imbroglio is premature. It is in fact contradicted by the Supreme Court’s own statement in this order: “…the Supreme Court (SC)…cannot judge the guilt or innocence of the parties without evidence or trial…” So how is this ruling not applicable to the CJ, who is so intertwined in this scandal being the father of one of the main suspects, and whose judicial power is at the heart of this corruption scandal?

This is in way to imply that the CJ is guilty but there cannot be an exemption from inquiry and investigation along with other participants and witnesses, for possible criminal violations based just on mere words of one of the parties. Who is Malik Riaz to give a clean bill of health to the CJ? It is strange that the SC is relying on the good word of Malik Riaz whom the former considers to be an accused fit to be prosecuted for some serious criminal offences under Pakistan’s criminal laws.

To contend that the media is maligning the judiciary by highlighting this scandal is to blame the messenger and not the message. Let us not be sidetracked, for now at least, by corruption in the media, which no doubt prevails, but which is less important than the imperative of our judiciary to have an unassailable reputation and an image above reproach. Conducting a thorough probe or inquiry of all those allegedly involved, including the Honourable CJ, will clear rather than tarnish the judiciary’s reputation and remove the dark clouds hanging over our most esteemed institution.

The nation has a right to know answers to such vital questions as how long the CJ knew about his son’s involvement with Malik Riaz and how many meetings the CJ had with Malik Riaz before the matter was seized through a suo motu action. The only other acceptable alternative to such an inquiry would be for the CJ to quit honourably in the larger interests of the judiciary and the country.

Continue reading One suo motu too many – By: Tausif Kamal

Democracy under threat

By: Asma Jahangir

THE masks are off and daggers drawn. Pakistan’s democratic process may once again become a part of history, leaving the world to wonder how we could so willingly poison ourselves in the belief that it would lead to better days.

Those in power have consistently let their people down — ruthlessly. But no one is being fooled. They may feel helpless in the face of manipulation by everyone trying to save their skins — the judiciary included — but as the courts have often held themselves the truth does eventually prevail.

In the meanwhile, the country is headed for another phase of political instability that may finally lead to yet another autocracy. Sense may prevail at the end, but in the process, many heads will roll and hopes will be demolished. These are sad days for Pakistan.

Continue reading Democracy under threat

Questions Surround New Supreme Court Order Disqualifying Prime Minister

The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.

On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.

The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.

Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”

This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.

Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?

While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.

Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.

This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?

Courtesy: http://americansforpakistan.com/2012/06/19/questions-surround-new-supreme-court-order-disqualifying-prime-minister/

Via – Twitter

India – Judge and his son arrest in bail ‘sale’

Suspended judge, 2 State MLAs face arrest in bail ‘sale’

Hyderabad, June 9, 2012, DHNS:

Anti-Corruption Bureau files FIRs

Suspended CBI special court judge Pattabhirama Rao and two Karnataka legislators Gali Somasekhara Reddy and T H Suresh Babu are facing arrest in the sensational cash-for-bail scam as the Anti-Corruption Bureau (ACB) in Andhra Pradesh filed FIRs against them on Saturday.

FIRs were also filed against five accomplices of the suspended judge, including his son. The ACB found prima facie evidence against the suspended judge and the two legislators in the case. Around Rs 10 crore crossed borders from Karnataka to Andhra Pradesh to bribe the judge, who granted conditional bail to Janardhana Reddy, currently jailed in Bangalore.

The case was handed over to ACB by the Andhra Pradesh High Court on Friday.

Janardhana Reddy’s brother Somasekhara Reddy (Bellary City MLA) and Suresh Babu (Kampli MLA) face arrest as bribe givers – for striking the deal and making a payment of Rs 10 crore to the judge.

Recently, on June 2, the cash-for-bail scam broke out when the then Chief Justice of Andhra Pradesh High Court Madan B Lokur suspended Pattabhirama Rao on charges of accepting bribe last year in exchange for granting bail to former Karnataka minister Gali Janardhana Reddy and three others involved in illegal mining.

The five accomplices of the suspended judge booked on Saturday are: the judge’s son, Ravichandra, retired sessions court judges T Chalapathi Rao, his son Balaji, rowdy sheeter Yadagiri Rao of Nacharam in Hyderabad and a junior lawyer Dasaradharami Reddy.

All 8 people have been charged under provisions of the Prevention of Corruption Act 13(1) and (2) besides 120(b), 420 and 417 of the Indian Penal Code. The arrests of the prime accused and their accomplices are likely to be made soon, said the police. ….

Read more » Decan Herald

http://www.deccanherald.com/content/255706/cash-bail-suspended-judge-2.html

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More details » BBC urdu

Philippine Senate voted to remove Supreme Court Chief Justice

Philippines’ top judge ousted in victory for Aquino

By Stabroek editor

MANILA, (Reuters) – The Philippine Senate voted today to remove the country’s top judge for failing to disclose his wealth, a landmark victory for President Benigno Aquino as he pushes a campaign to root out endemic corruption in the Southeast Asian nation.

More than two-thirds of the 23 senators voted to oust Supreme Court Chief Justice Renato Corona, who becomes the first official in the country to be removed by an impeachment court. The decision bars him permanently from public office.

The ruling is likely to be welcomed by investors amid concern that the four-month-long trial was distracting the government from policy matters at a time when the Philippines is seeing a resurgence of interest in its long-underperforming economy. ….

Read more » Stabroek News

Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

Pakistan’s puppet Court – By Shiraz Paracha

The Supreme Court’s controversial detailed verdict against the elected Prime Minister of Pakistan is one more bad decision by a Court that has a dark history of collaboration with the military in depriving the people of Pakistan of their fundamental rights.

The Supreme Court has been transcending its legal boundaries and constitutional role. Its decisions are biased, unfair and politicized. The Court is not a neutral and objective defender of law and judges have been acting as puppets.

The Judiciary is not independent and appears to be playing someone’s game. Indeed the Supreme Court is acting as a proxy for imposing a controlled democracy in Pakistan. It seems that characters such as Imran Khan and Dr. Abdul Qadeer Khan are part of this game. The former ISI chief Lt. General Shuja Pasha was an architect of the latest effort to introduce ‘clean democracy’ in Pakistan. General Pasha was not alone in military’s one more political adventure.

Actually, the military considers itself the sole defender of Pakistan and generals have been trying to shape and control the Pakistani politics. In fact, the military never felt comfortable with parliamentary form of democracy. For this reason every few years new campaigns are launched to ‘clean’ the system.

Dr. Abdul Qadeer Khan’s recent calls for the establishment of a technocrat government and Imran Khan’s Tsunami are reflections of military’s new efforts to bring a setup that ‘suits’ Pakistan. The Judiciary and media are means to complete that agenda. As the Parliament is about to complete its term, Imran Khan is threatening that he would not accept results of the new elections. Dr. Qadeer, dubbed by some as the future president, has joined hands with Imran Khan. The media and the Judiciary are taking cue from some in the military to pressurize the present government. All these actors want to maintain the status quo by imposing a controlled democracy.

Continue reading Pakistan’s Kangaroo Court calls itself “Supreme Court,” but in fact is another front for the Mullah-Military complex

BBC – How Gilani turned contempt case from catastrophe to triumph

By M Ilyas Khan, BBC News, Islamabad

Excerpts;

Slogans of triumph

….. For today’s hearing, the prime minister wore the Pakistani national dress — shalwar trousers, kameez shirt and shervani, a Nehru-collared black long coat.

Accompanied by his cabinet colleagues and allied party leaders, he drove up to the outer precincts of the Supreme Court building from where he walked to Courtroom No 4 where the trial was held.

He appeared in a relaxed mood as he waved to dozens of sympathisers who had gathered outside the court.

Within the court, after the guilty verdict had been read out to him, he completed his custodial term within the space of a single four-word sentence uttered three times over; “A submission, my lord.”

The rising bench paid him no heed.

Moments later, he walked out a free man, greeted by women activists of his PPP party with loud slogans of triumph.

So in a way, the high drama that surrounded the early stages of this trial ended in a whimper.

But did this come as a surprise?

For those who have kept an eye on the overall political, economic and security situation of the country, it didn’t really.

Scandal subsided

Over the past couple of years, a perception has been growing that the country’s top judiciary has been selective in its judgements, dealing harshly with the PPP leadership but being soft on the military and some opposition politicians.

The PPP, which has traditionally been mistrusted by the country’s powerful security establishment, bided its first three years in office lying low, trying to survive.

It decided to strike back in December when the memo scandal broke out.

This revolved around a controversial memo which a former Pakistani ambassador to the US was accused of having initiated, allegedly at the behest of President Asif Zardari, to invite US intervention to prevent a possible military coup.

When the Supreme Court took up the case, questions were raised over the role the military had played in bringing that scandal to the fore.

Subsequently, Prime Minister Gilani, in unprecedented remarks in late December, told the parliament that while the civilian government had stood side by side with the military in difficult times, “they (the military) can’t be a state within the state“.

Given the PPP’s potential to ignite protests across large parts of the country, the army apparently backed down, allowing the memo scandal to subside.

The contempt of court case against Mr Gilani appears to have met the same fate.

It came at the height of the PPP’s tension with the military and the judiciary.

It was centred on an earlier judgment of the court that asked the government to write a letter to the Swiss government to re-open a corruption case against President Zardari which had been closed.

The prime minister was charged with contempt for failing to write that letter.

Prolonged trial

As the memo case went on the backburner, the contempt case also began to lose steam.

From the early expectations of a quick and harsh judgment, the case eased into a prolonged trial that has stretched over three months.

Many believe that through its order today, the court has tried to put an end to an increasingly difficult situation and has left the matter of Mr Gilani’s disqualification to others, whoever they might be – the parliament, the media, the political opposition.

Continue reading BBC – How Gilani turned contempt case from catastrophe to triumph

Why not punish those who made Osama Bin Laden & his wives stay in Pakistan

Illegal stay: 45-day imprisonment, Rs50,000 fine for Bin Laden’s family

By Web Desk / AFP / Obaid Abbasi

ISLAMABAD: A senior civil judge indicted former al Qaeda leader Osama bin Laden’s family on Monday for having resided illegally in Pakistan.

Senior Civil Judge Shahrukh Arjumand handed down 45-day imprisonment along with a fine of Rs10,000 each, to Bin Laden’s three widows and two daughters, after the investigative unit of the Federal Investigation Agency (FIA) informed that the family had been residing illegally in the country.

During the proceeding of the case which took place in a private house declared a sub-jail located in Sector G-6/4, Justice Arjumand handed the sentence to Bin Laden’s three widows, Amal Ahmad Abdul Fatheh, Silham Sharif, and Kharia Hussain Sabir, and two daughters, 17-year-old Maryam and 21-year-old Sumiya, said family’s lawyer Muhammad Aamir while talking to The Express Tribune.

Amal was also charged under section 419 of the Pakistan Penal Code (PPC) for cheating and not providing her real identity, said Khalid Naeem assistant director (legal) FIA who appeared on the behalf of agency. ….

Read more » The Express Tribune

Via – Twitter

BBC – Pakistan Hindu woman Rinkle Kumari ‘forced to marry’

By Riaz Sohail

A court in Pakistan has ordered police to find a Hindu woman who was allegedly abducted and forced to marry her Muslim husband.

In a petition before the Sindh High Court, the family of Rinkle Kumari say that her abduction was supported by a powerful politician.

But her husband’s friends say that she voluntarily left home in Sindh province and willingly converted to Islam.

Judges at the court said that Ms Kumari must be produced before them next week.

Human rights activists say that other reported abductions of members of minority communities in Pakistan, which is overwhelmingly Muslim, have not been properly investigated by the authorities.

In the most recent case, Hindu community leaders say that an oath Ms Kumari made in front of a court in her home town that she had freely got married and converted to Islam was made under duress.

They say that many others like her have been forcibly taken away by powerful politicians – some allied to the governing Pakistan People’s Party (PPP).

The Hindu community has accused one of the party’s MPs, Mian Abdul Haq, of supporting the abduction and the forced conversion.

But in an interview with the BBC he strenuously denied the allegations.

“I contacted her family when Rinkle came to me last month,” he said.

“But they refused to respond – and then I was left with no choice but to convert her to Islam and get her married [according to] her will.”

Ms Kumari’s family say that she was kidnapped from her home on 24 February by Naveed Shah – who later married her.

They say that they have registered a police complaint against Mr Shah even though he appeared in court on 25 February with Ms Kumari, who made a statement before the magistrate that she had married him of her own free will.

The family and community leaders, however, say that the magistrate was under “a great deal of pressure” because hundreds of armed tribesmen loyal to Mr Haq were in the court premises.

Mr Haq said that his supporters would abide by the court ruling and that Ms Kumari would appear in court on 12 March.

Courtesy: BBC

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More » Where shall we go?

Save Sindhyat, Save Rinkal Kumari

Rinkal Kumari, a Hindu Girl, from Mirpur Mathelo Sindh Pakistan, was kidnapped on 23rd February 2012 while she was returning home from her college. After being kidnapped, she was taken to Bharchundi Shareef (a small village near Mirpur Mathelo, Sindh, Pakistan) and was put under the custody of Feudal named Mian Mithoo (Member of Assembly). The victim, Rinkal, was harrowed by Mian Mithoo to forcefully convert to Islam and then get married with Naveed Shah, a resident of the same area. Under defenseless circumstances along with physical abuse, Rinkal married Naveed Shah. Disturbed and agonized by the situation, Mr. Raj Kumar (Rinkal’s Uncle) and Rinkal’s family approached the local law enforcement to seek justice but to no avail. The Policemen, negatively influenced by Mian Mithoo, denied the rights of Rinkal’s family to lodge a complaint.After 5 hours of struggle, pleading and literal beseech, the Police finally accepted a written complaint from Rinkal’s family and issued a First Information Report (F.I.R) saying that the case will be presented at 10 am 24th February 2012 in Ghotki Local Court.

Plan Changed and the victim was taken to a different court in Mirpur Mathelo and hearing was rescheduled to 9:00am from 10:00am. These location and time changes were influenced by Mian Mithoo and Rinkal family were not informed about this change. However, knowing this information from an unknown source, Rinkal’s family reached that place early but they were blocked from entering the court premises by private gunmen (hired by Mian Mithoo) with heavy artillery as seen in the pictures and video clips on different Tv channels. In the video clip below Ayaz Latif  Palijo Protesting against forced Religion conversion The language of the Bolta Pakistan program is urdu (Hindi).

Courtesy: ARY News Tv » (Bolta Pakistan with Nusrat Javed, Mustaq Minhas and Ayaz Latif Palijo, March 06, 2012)

A sitting Judge i.e. Malik Muhammad Qayyum [Govt. of Nawaz Sharif] discussing the “Sentence and Punishment” against Zardari and Benazir Bhutto with Senator Saif ur Rehman [video and transcript]

LAHORE: Former prime minister Nawaz Sharif was annoyed over delay in the Lahore High Court’s decision in President Asif Ali Zardari’s case during his tenure, according to a transcript of conversation between Justice (r) Abdul Qayyum and National Accountability Bureau’s (NAB) former chairman Saifur Rehman, aired on a private news channel. The audiotape was provided by Senator Faisal Raza Abdi. The channel also aired a conversation between Pervez Elahi, Shahbaz and Justice Qayyum. Following is the transcript of the conversation. Justice (r) Abdul Qayyum: Your task will be done in a day or two. I had to request an adviser (Peerzada) for you. I told him that I am very ill and I have to leave abroad and I have asked him to end up the matter for my sake. Peerzada has told me that he will do it and it will be done. He told me that he would compensate for all the mistakes I have, adding that Mian Sahib (Nawaz Sharif) would be happy as well. REFERENCE: Audiotape reveals Sharifs manipulated verdict in Zardari’s case Daily Times Monitor Sunday, November 21, 2010 http://www.dailytimes.com.pk/default.asp?page=2010\11\21\story_21-11-2010_pg7_21 UK paper’s report on Benazir’s conviction M Ziauddin DAWN WIRE SERVICE Week Ending: 10 February 2001 Issue:07/06 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/feb100… In this hammaam who is covered? Ayaz Amir DAWN WIRE SERVICE Week Ending: 10 February 2001 Issue : 07/06 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/feb100… Rush to judgment Irfan Husain DAWN WIRE SERVICE Week Ending:10 February 2001 Issue : 07/06 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/feb100…

Courtesy: Duniaya News Tv Arshad Sharif with 13 Feb 2012

Via » CHAGATAIKHAN » YouTube

Watch Top anchor person of Pakistani media, Mubashir Lucman on Chief Justice of Pakistan, Iftikhar Chaudhry

Mubashir Luqman is one of the top Pakistani anchor persons on TV. As is evident from the name of his program “Khari Baat” (Straight Talk) Luqman is known and revered for bringing out the truth in all its forms with the right amount of audacity and courage. He also writes regularly for the newspapers. Viewers of Mubashir Luqman’s programs are captivated by his hard-hitting questions and dauntless opinion. The language of the talk show is urdu.

» YouTube

Some sanity, but the shenanigans go on

By Kamran Shafi

Excerpt;

…. The Prime Minister is again summoned to the SC on charges of contempt of court. By golly, the majesty of the Honourable Court when it comes to ‘bloody civilian’, elected leaders! When will those who disappear people, or those who imprisoned the judges in their homes also appear in court? …

Read more: The Express Tribune

‘Restraint’ must follow ‘activism’

By Khaled Ahmed

Expansion of judicial power is welcome, but one must not forget that there is also such a thing as judicial excess

On 30 February 2012, the Supreme Court (SC) has allowed former Pakistani ambassador to US Husain Haqqani to travel abroad after an important witness in the ‘memo’ case finally refused to present himself at the judicial commission set up by the Court. This is the first sign of gradual erosion of the charges that were finally to target President Zardari as the originator of ‘treason’ against the Pakistan Army through an American businessman, Mansoor Ijaz.

Analysts believe the Court has been let down by the other parties interested in crucifying the PPP leader and sending the PPP government packing before its term. Nawaz Sharif may have stitched up a deal with Zardari over the timing of next general election; and the Army may have been appeased through Zardari’s sacrifice of Husain Haqqani as burnt offering to the generals. At the time of writing, Barrister Aitzaz Ahsan was defending Prime Minister Gilani against a charge of contempt and persuading the honourable Court to relent and be satisfied with a belated letter to the Swiss authorities.

The Supreme Court of Pakistan is hearing two cases – and a third one is coming up later in the month – that threaten to expose it to lack of judicial restraint. At home, internecine politics and the besiegement of the ruling party give it the ballast with which it can keep going if it wants. But the lawyers’ movement – which deluded it into feeling that it was backed by ‘the nation’ rather than the Constitutionis split at the top, the vanguard of its leaders now skeptical of its steamrollering activism. Internationally too it is now facing isolation.

On January 25, 2012, the International Commission of Jurists (ICJ) expressed its concern over the convening of the inquiry commission for the memo affair, saying ‘there are legitimate concerns‘ that, by neglecting the rights of the ex-ambassador Husain Haqqani, the Court ‘may have overstepped its constitutional authority and that this action could undermine the ongoing Parliamentary inquiry. The ICJ supported the ousted Supreme Court and consistently accepted its activism in a national environment of extreme dereliction and corruption in state institutions topped by the incumbent executive.

Sitting inside Pakistan and bristling over country’s eroding sovereignty, it is easy to be isolationist and ignore the ICJ warning. Those among the top lawyers – Asma Jahangir, Munir A Malik, Ali Ahmad Kurd, Aitzaz Ahsan – who have decided to caution judicial restraint after a bout of activism so intense it looked like revenge, are being cursed by the mainly conservative and bucolic (mufassil) lawyers’ community as well as the media clearly bent on getting rid of a largely dysfunctional PPP government.

The ‘national consensus’ is chiding the Supreme Court to review just anything under the sun as the forum of last resort. There is no forum higher than the Supreme Court if you feel aggrieved. Except that the Court takes an objective view of its authority and a realistic view of the fallibilities of a third world state cut to pieces by terrorism. It is more difficult to convict a known terrorist in Pakistan than the sitting prime minister.

Continue reading ‘Restraint’ must follow ‘activism’

Cleric sentenced to death in blasphemy case

By Nabeel Anwar Dhakku

CHAKWAL: A ‘blasphemy’ accused was sentenced to death and also to 10 years’ imprisonment on Monday, sources told Dawn.

Soofi Mohammad Ishaq of Talagang town had been facing the charge since 2009.

On Monday, an Additional Sessions Judge of Jhelum sentenced him to death and 10 years’ imprisonment and fined him Rs200,000.

Soofi Mohammad Ishaq was settled in United States where he worked as a cleric. He returned to Talagang in 2009 and was given a warm welcome by hundreds of his disciples. His followers also kissed his feet, but some people objected to the act of “bowing down before Ishaq” and later accused his followers of branding him a prophet.

Later, Ishaq’s rivals launched a campaign against him and a young man named Asadullah, allegedly at the behest of his Deobandi mentors, lodged a complaint at the Talagang police station. He accused Ishaq of committing blasphemy.

Police booked Ishaq under sections 295A and 295C of the Pakistan Penal Code and his case was heard by Chakwal’s Additional Sessions Judge Sajid Awan.

After completion of hearing, the judge set a date for announcing the judgment, but later he wrote a letter to the Lahore High Court’s Rawalpindi bench, informing it that he could not announce the verdict because of security risks. “Judge Sajid Awan pleaded to the LHC that as he is deputed in Chakwal, he cannot announce the verdict because of security risks and, therefore, the case should be referred to another district,” said Advocate Chaudhry Mehmood Akhtar, the counsel of the accused.

The LHC referred the case to Jhelum’s district and sessions judge, who marked the case to his subordinate Additional Sessions Judge Chaudhry Mumtaz Hussain, who announced the verdict on Friday.

Informed sources told Dawn that Soofi Ishaq had been appointed Gaddi Nasheen of the shrine of Pir Fazal Shah. This, according to sources, infuriated complainant Asadullah, who belonged to Pir Fazal Shah’s family, and he used the opportunity to register the blasphemy case against Ishaq.

“My client pleaded to the court that he cannot even think of committing blasphemy.” He told the court that he believed that the holy prophet (peace be upon him) was the last Messnger of Allah,” Advocate Chaudhry Akhtar Mehmood said.

When contacted by Dawn, Asadullah claimed to have seen followers of Ishaq bowing their heads before him and heard them chanting slogans of “Yaa Rasool Allah”. When asked why other religious leaders did not move against Ishaq, he said: “I was the first to see the way Ishaq’s followers behaved and I recorded it on my camera. And Allah has given me the courage to move against the blasphemer.”