Tag Archives: judgement

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.

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Parliament not sovereign – Justice Khawaja

PRESS RELEASE: Dated: 3-July-2012 – Earlier today the Supreme Court released the detailed judgment in the Speaker’s Ruling case. On 19th June 2012, the Court had passed a Short Order, upholding petitions challenging the ruling of Speaker of the National Assembly, Dr. Fehmida Mirza. After the conviction of the former PM Yusuf Raza Gilani, the Speaker had to decide whether or not to make a reference to the Election Commission for Mr. Gilani’s disqualification. The Speaker decided that no question of disqualification had arisen, despite the PM having earned a conviction for contempt from the apex Court. Various petitioners, including PTI and PML-N challenged the Spreaker’s ruling. While hearing these petitions, the Court found the Speaker’s decision to be against the law and held that the PM did indeed stand disqualified to be a member of the Parliament. Today detailed reasons have been given for this order.

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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

Pakistan – “The Supreme Court calls for an “Arab Spring” uprising”

Pakistan: Top Judges Attack P.M. Gilani With Poetry and Threats

The Supreme Court calls for an “Arab Spring” uprising.

The opposition already calls him “the former prime minister of Pakistan.” His country’s Supreme Court has declared him “wicked”—a “criminal” seeking political “martyrdom through disobeying the law.” It may be a good thing for Yousaf Raza Gilani that he claims descent from Sufi saints, since he’ll certainly need the patience of one as pressure intensifies for him to step down.

The outcry reached an unprecedented pitch last week as the court issued a 77-page “detailed judgment” against Gilani, publicly exhorting the people of Pakistan to rise up against him and his government. “The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten,” wrote Justice Asif Khosa in an assenting opinion, citing “the responsibility of the people themselves to stand up for defending the Constitution and … for dealing with the delinquent appropriately.” Gilani’s alleged crime was to disobey the court’s order for him to request that Swiss authorities reopen old corruption cases against his boss, President Asif Ali Zardari. (Gilani and the Swiss both maintain that Zardari has immunity from criminal prosecution.)

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Mother of all scams? Will justice be done by the Supreme court that called itself “Aazad Adliya”!?

Mother of all cases?

A testimony of the slim, short, veteran businessman-cum-banker, Yunus Habib, may come in handy when the Supreme Court starts hearing the almost decade-old petition of Air Marshal Asghar Khan on Feb 29, 2012. Habib hit the headlines in the 1990s for his key role in the release of Rs14 million (or maybe more) from his own Mehran Bank to defeat the Benazir Bhutto’s PPP in the next elections.

The affidavit submitted by the then ISI chief, Lt. Gen. Asad Durrani, is the first ever confession by any official of Pakistan’s premier intelligence agency of the role it played in pre-poll rigging and its direct involvement in political matters. But there is much more to it and all facts must come to the surface.

Though there was an unusual delay in the case being taken up for hearing, one hopes it will proceed as fast as other petitions like the ones dealing with NRO, NICL, the infamous Memo Case or the Haj scam.

Continue reading Mother of all scams? Will justice be done by the Supreme court that called itself “Aazad Adliya”!?

Judiciary always supports army rule, rues Asma

LAHOREFormer president of the Supreme Court Bar Association Asma Jahangir condemned the judiciary on Wednesday, saying it has always approved military rules in the past.

She said if judges wanted a hand in politics, they should contest elections. Talking to reporters at the Lahore High Court, she said that Parliament, not judiciary, was the supreme body in the country.

The judiciary should not consider itself as all knowledgeable, Asma said, while expressing her reservations over many decisions of the Supreme Court.

The judiciary also disregards decisions of Parliament, she said, while pointing out the annulment of the parliamentary committee’s decisions on judges’ appointment.

She further expressed her inability to understand the SC’s January 10 judgment on the NRO non-implementation case. She said that while the NRO was a complicated issue, she never favoured it.

Asma regretted that state institutions were being politicised and added that no institution was clean.

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Pakistan Bar Council (PBC) Vice chairman (VC) Latif Afridi has backed noted lawyer and human rights activist Asma Jahangir’s stance regarding court’s judgement in the controversial memo scandal

PBC backs Asma’s stance on memogate

ISLAMABAD: Pakistan Bar Council (PBC) Vice chairman (VC) Latif Afridi has backed Asma Jahangir’s stance regarding court’s judgement in the controversial memo scandal, saying that the superior judiciary cannot play the role of an investigator in any matter. Talking to Daily Times, the PBC vice chairman endorsed Asma Jahangir’s stance that the Supreme Court has wrongly assumed its jurisdiction in the memo scandal. Regarding the memo probe commission, consisting of three high courts chief justices, Afridi said that ordinary litigants would face difficulties in this situation. “The nation is already divided politically, ethnically and economically… it cannot be allowed to further divide on judicial consideration,” he added. The VC hoped the judiciary would not become a source of conflict and things would proceed in accordance with the constitutional division of powers. “Pakistan needs coherence, unification and support of all the federation units and democratic forces, minus those who make hay while the sun shines,” Afirdi said. He urged the SC not to adopt dual standards, and take notice of Mansoor Ijaz’s other statement regarding the ISI director general’s visits to the Arab countries for the removal of President Asif Ali Zardari. The PBC VC urged the court to adopt the policy of judicial restraint, and refrain from entertaining political cases, as the move could make the SC prone to allegations of favouritism. On the other hand, he urged the chief justice of Pakistan to take up the Asghar Khan case. Concerning Pervaiz Musharraf’s return, he said the lawyers would agitate against the former dictator upon his arrival. hasnaat malik

Courtesy: Daily Times