Tag Archives: Judgment

Indian Supreme Court’s poignant footnote in Kasab Judgment

From Indian Kanoon:

“[45] It is reported that it was at the Taj Mahal Hotel ballroom that, on February 20, 1918, at her eighteenth birthday party, Ruttie had accepted Mr Jinnah’s hand in marriage while the band was playing the Chopin tune, So Deep is the Night. It is also reported that both Mr. Jinnah, the creator of Pakistan, and Mrs. Sarojini Naidu, the President of the Indian National Congress, often held court at Taj Mahal Hotel.

Mr. Jinnah also had an intimate connection with Mazgaon, where the bomb planted by two terrorists in a taxi exploded, killing three (3) and wounding nineteen (19) people. It is reported that Mr. Jinnah devoted Thursday afternoons to visiting the grave of his wife Ruttie at the Khoja Shiite Isna’ashri Cemetry, situated at Mazgaon, Mumbai.

One wonders what Quaid-e-Azam would have thought of the terrorist attack on his favourite city in the subcontinent and especially on Taj Mahal Hotel, with which he had a personal relationship of a very intimate kind.”

Read more » Pak Tea House

http://pakteahouse.net/2012/08/30/indian-supreme-courts-poignant-footnote-in-kasab-judgment/

Kurd unhappy over SC verdict on NRO

By Iftikhar A. Khan

The judgment appeared to be based on newspaper headlines and talk shows of private TV channels: Ali Ahmed Kurd.—Photo by APP

ISLAMABAD Ali Ahmed Kurd, the firebrand leader of the lawyers` movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said.

Continue reading Kurd unhappy over SC verdict on NRO

Pakistan – A History of Judicial Tyranny

By Shehryar Riaz Sheikh

26 April 2012 was another tragic day in our democratic history; the unanimously elected Prime Minister of Pakistan who in his wisdom ordered the release of the deposed Lordships of the Superior Courts immediately upon his election was convicted of Contempt of Court. Notwithstanding the uniqueness of NRO judgment condemning over 8000 accused without a hearing and the inherent selectivity of only targeting the President and his aides in the process, the overwhelming part of the judgment was implemented by the Federation of Pakistan. It is pertinent to mention that the grand strategist (of the “strategic depth” fame)–the promulgator of the infamous Ordinance luxuriously resides safe and secure from the wrath of law. Former Prime Minister Mohammad Khan Junejo and his almost 9 March’07 like moment of defiance during the notorious Zia regime is a case in point as to how an instance of individual heroism could not break the dictatorial chains. In case of the present dispensation, it was Benazir Bhutto’s sheer political maneuvering in striving for a political settlement, her ultimate sacrifice coupled with the sagacity of the political leadership along and the democratic struggle unleashed by the lawyers movement which paved way for the return of democracy to Pakistan. The present democratic dispensation is the sequel to NRO. History is bound to narrate as to how if had not been achieved, there would have been no elections, no assemblies, no free media and no free judiciary. The national leadership too would still have been languishing in exile.

Continue reading Pakistan – A History of Judicial Tyranny

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.”

Of memogate and precedence – By Waris Husain

As Habib Jalib said, “How can this desert be called a rose garden? How can I write a silver lining of this cloud? We have inherited this grief from the past, how can I write this grief anew?”

Critics argue that the Supreme Court’s decision to continue its probe of Memogate is a replay of past judgments which legitimised the will of the military over the people’s civilian government. Others contend that the will of the people demands that Zardari and his cohorts be punished in any manner for corruption, and the Supreme Court’s decision is one step in that political fight.

Though the Supreme Court judges and the Lawyer’s Movement acted as a political force to remove Musharraf, they should reexamine their roles in the battle for constitutional supremacy today. The Court has a valid interest in applying the rule of law equally to all, including Presidents and former Ambassadors, but they must also recognise the context of that judgment. The law, unlike politics, is powerful only when it follows precedent, and the precedent being set by the court today is quite a dangerous one for the future of civilian-military relations.

The Supreme Court’s order calls for a three judge panel to collect evidence and present findings within one month. In the Order, the Supreme Court stated that it was protecting fundamental rights recognised in Articles 9, 14, and 19A of the Constitution. These articles protect the right to due process, dignity of man, right to information of matters of public importance.

Continue reading Of memogate and precedence – By Waris Husain

Pakistan thinks a dangerous thought

Former Chief of Army Staff, General (R) Mirza Aslam Beg’s interview with Dr. Danish on ARY NEWS TV. The language of the interview is urdu (Hindi).

Courtesy: ARY NEWS TV (Program “Sawal Yeh Hai“, 26th June 2011-1), YouTube

Blasphemy and the Islamic way

by Maulana Wahiduddin Khan
Due to some recent events in Pakistan, the issue of blasphemy is again in the news. It is generally held that Islam prescribes capital punishment for those who commit blasphemy; that is, using abusive language against the Prophet of Islam. But this is quite untrue. According to Islam, blasphemy is simply a misuse of freedom and not a cognisable offence; the blasphemer is not liable to incur legal punishment. This kind of law has no basis in Islamic scriptures. If someone uses abusive language against the Prophet, Muslims must take it as a case of misunderstanding, and then try to remove this misunderstanding. They are required to do so by engaging in discussion or by providing the blasphemer with Islamic literature that gives the true image of the Prophet of Islam.
To use abusive language against the Prophet or to praise him are both a matter of one’s own choice. Whatever the choice, it is in God’s domain to pass judgment on it. Muslims have nothing to do in this situation except try to remove the misunderstanding and then leave the rest to God.
If there is such a case – which could be called blasphemy – and in anger one tries to punish the offender, one is simply reacting negatively to the situation. And acting in this way is looked upon with extreme disfavour in Islam. Islam always tries to go to the root cause of any given problem.
When one abuses the Prophet of Islam, it is most probably due to some kind of provocation. Without provocation, this kind of negative attitude is extremely unlikely. That is why the Quran advises Muslims to get at the real reason.

The Quran points to one such root cause behind this kind of act and urges Muslims to try to come to grips with it: “But do not revile those (beings) whom they invoke instead of God, lest they, in their hostility, revile God out of ignorance.” (6:108)
It is on the record that, during the Prophet’s time, there were some non-believers who used to use abusive language against the Prophet of Islam. The Prophet of Islam never suggested any legal punishment for those persons. He simply directed them to one of his companions, Hassan bin Sabit al-Ansari, who would respond to their blasphemous statements and remove their misunderstanding by means of argument.  Islam suggests capital punishment for only one offence, and that is murder.

Read more : The Times of India

Bangladesh is secular again

Ruling that Bangladesh is now a secular state, the country’s high court has said that the constitution of 1972 has automatically been restored by a landmark judgment of the apex court that nullified a controversial amendment earlier this year.
Bangladesh is now a secular state as the Appellate Division (of the Supreme Court) verdict scrapped the Fifth Amendment to the constitution. In this secular state, everybody has religious freedom, and therefore no man, woman or child can be forced to wear religious attires like burqa, cap and dhoti,” a high court bench said on Monday.
Read more : Rediff

Via – Globeistan

A Difficult Judgment

In a small town in the southern US, a person decided to open up his Bar, right opposite to the Baptist Church. The Baptist Church’s congregation started a campaign to block the Bar from opening with petitions and prayed daily against his business.

Work progressed. However, when it was almost complete and was about to open a few days later, a lightning bolt struck the Bar and it was burnt to the ground.

The Baptist Church folks were rather smug in their outlook after that, until the Bar owner sued the Baptist Church authorities on the grounds that the Baptist Church through it’s congregation’ s prayers was ultimately responsible for the demise of his bar, either through direct or indirect actions or means.

In its reply to the court, the Baptist Church vehemently denied all responsibility or any connection that their prayers were reasons to the bar’s demise.

As the case made its way into court, the judge looked over the paperwork at the hearing and commented:

I don’t know how I’m going to decide this case, but it appears from the paperwork,

‘we have a bar owner who believes in the power of prayer’ and ‘we have an entire church and it’s congregation that doesn’t.’

As a loyal citizen and well wisher of Pakistan I have following concerns on the NRO judgment

By Dr Ali Akbar Dhakan

As a loyal citizen and well wisher of Pakistan I have the following concerns on the NRO judgment.

The decision of the honorable court of Pakistan against NRO is the first of its kind in the judiciary history in Pakistan that was praised and appreciated by all within the country and also in foreign countries. Apparently in a paradigm it has been thought out that it has shown the sense of honesty and justice to establish check and balance and make a lesson for upper class of people to become honest in their dealings and to improve the standard of poor people of Pakistan by rooting out the corrupt practices and make the country and people of Pakistan prosperous and well off.

But there is a perception that due to the specifics of judges towards some individuals, the verdict is creating the following conjunctions :

(1) It means the honorable court has rejected the restoration as CJ of Pakistan because the CJ were sworn by the present President of Pakistan and approved by the present Prime Minister and National Assembly of Pakistan .

(2) It means the honorable court has rejected the present setup of Government which got existence through the NRO which means that the concept of reconciliation has been canceled and the situation of the system of Government before the NRO has been established or the dictator`s regime has been established.

(3) Through NRO , the President was sworn by the then CJ which has also been rejected .

(4) The Prime Minister who was taken Oath by the President has also been rejected.

(5) All the MNAs, MPAs, CMs and Senators took Oath from the PM and Provincial Governors who have been rejected by the decision.

(6) It means that after cancellation of NRO, all the prevalent system of Government and institutions has been canceled and rejected.

(7) All the Political leaders who were in exile returned to Pakistan due to NRO and without NRO, their return would have been impossible .

(8) The elections held in the country through which the organization of the present Governance and democratic institutions would have also been impossible.

(9) How to compensate the political leaders who faced all sorts of media trials, punishment and imprisonment before NRO verdict.

DR ALI AKBAR DHAKAN

CHAIRMAN, SINDH DEVELOPMENT FOUNDATION,

A-106 SHANTI NAGAR DALMIA KARACHI-12