Tag Archives: jurists

Talking to Radio Pakistan, Asma Jahangir said it makes no sense if only judges have to appoint judges

Prominent jurists give expert opinion on Judicial Commission for appointment of judges

They were speaking in Radio Pakistan’s programme ‘Naey Ufaq’‚ which was aired on Saturday night.

Prominent jurists have opined that composition of the Judicial Commission for appointment of judges was not complete and therefore‚ appointments so made are open to question.

Taking part in Radio Pakistan’s programme ‘Naey Ufaq’‚ on Saturday night‚ former Law Minister and senior jurist Khalid Ranjha said there would be nothing wrong with the proceedings of the Commission if someone from the existing members does not attend its meeting. However‚ as Pakistan Bar Council has not as yet nominated its member to the Commission‚ therefore‚ appointments done by it would not be in line with the spirit of the Constitution.

Another senior legal brain Latif Afridi also subscribed to this point of view and said an incomplete Commission should not conduct its proceedings for appointment of judges.

Former President of Supreme Court Bar Association Asma Jehangir said input from the legal community should also be included while making nominations for appointment of judges. She said it makes no sense if only judges have to appoint judges as the process may also result induction of people with questionable competence or background. ….

Courtesy: http://www.radio.gov.pk/newsdetail-36946

Pakistani Christians, Hindus, Sindhis and Shias Protest Against the Chief Justice of Pakistan in London

London: Lunch-time on the 28th of May 2012 the Chief Justice of Pakistan Iftikhar Chaudhry received a vocal reception at the hands of the protesters gathered outside the award giving ceremony of the International Council of Jurists (ICJ). Ironically Justice Chaudhry is himself the vice president of ICJ.

Zee News reported, “Pakistan’s Chief Justice Iftikhar Chaudhry ha[s] been awarded the prestigious International Jurists Award 2012. Justice Chaudhry received the award from Lord Phillips, President of the Supreme Court of the UK, for his “unique and tremendous contribution in the field of administration of justice and for the tireless and fearless endeavours towards administration of justice in Pakistan against all odds.”

Shortly before Justice Chaudhry received the award, two persons barged into the auditorium at the Hotel Court House raising slogans against killings of Shias in Pakistan.”

While outside a large demonstration by Sindhi, Hindu, Christian, Muslim and Human Rights organizations was taking place against forced conversions of Hindu and Christian girls in Pakistan. The protesters were chanting loud slogans against Justice Chaudhry ’s role in handing over the Hindu girls to their Muslim ‘husbands’ whereas their families allege that all three girls were abducted on the orders of the influential custodian of a Muslim shrine Mian Abdul Haq-Member National Assembly for the ruling PPP.

Christian groups pointed out the lack of justice in Pakistani courts for scores of victims languishing in jails under trumped-up charges under Pakistan’s infamous blasphemy laws which carry the punishment of death penalty. The protesters were allowed to speak to the organizers of the event. ….

Read more » Global Christian Voice

http://globalchristianvoice.wordpress.com/2012/05/31/pakistani-christians-hindus-sindhis-and-shias-protest-against-the-chief-justice-of-pakistan-in-london/

‘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’

International scrutiny of the Supreme Court – Pakistani Spreme Court may have overstepped its constitutional authority

International scrutiny of the Supreme Court

By Asad Jamal

In a press release issued on January 25, 2012, the International Commission of Jurists (ICJ) expressed its concern over the convening of the inquiry commission for the so-called memo affair. The ICJ, while calling for respecting the rights of former ambassador to the US, Husain Haqqani, said there are legitimate concerns that in doing so the “SC may have overstepped its constitutional authority and that this action could undermine the ongoing Parliamentary inquiry”. Can the honourable judges of our apex court ignore the views of the ICJ?

Continue reading International scrutiny of the Supreme Court – Pakistani Spreme Court may have overstepped its constitutional authority

The International Commission of Jurists (ICJ) expresses concern over Husain Haqqani’s security

PRESS RELEASE – GENEVA – The International Commission of Jurists (ICJ) has expressed grave concern for the infringement of rights of Husain Haqqani, former Pakistani ambassador to the United States of America.

Husain Haqqani faced a vicious media trial following which the Supreme Court of Pakistan on a petition filed debarred him from travelling abroad, despite the fact that he has not been charged with any crime,” said Sheila Varadan, International Legal Advisor at the ICJ Asia-Pacific Regional Office. “Husain Haqqani continues to receive threats and has been painted as disloyal to the country. There is, though, no proof of any betrayal of his duties as an Ambassador of Pakistan to the United States.”

“We are calling on the Pakistani Authorities to respect Husain Haqqani’s right to be presumed innocent and to remove the restriction on his right to leave the country and any other restrictions on his right to freedom of movement,” added Varadan. “They must also ensure his personal safety at all times and respect his right to a fair and impartial hearing throughout the Inquiry process.”

Courtesy: Pakistan Today

Someone There to Rescue Pakistan!

By Saeed Qureshi

Excerpt;

Is there someone who can rescue Pakistan and its hapless people from the bloody clutches of Wolves and predators in the garb of humans? A massive deep drift and deadly decay is caving into the fabric of Pakistan and debilitating it like slow poisoning. …

…. Lawlessness in Pakistan and pointedly in Pakistan’s leading city Karachi seems to be a blood soaked legacy of the Rwandan massacre. There is no let-up in bloodletting between the rival factions or by the trigger happy shooters. One can draw the only conclusion from incessant wanton killings that either the government is an accomplice or it is not concerned about such manslaughters and target killings that have become the order of the day. ….

….. There is no use of projecting ourselves as nuclear power when the common man is caught in a fatiguing struggle of earning two loaves of bread for his starving children.

Why is the army fighting a war to serve the interests of other nations? It is a supportive fight for establishment of neo-colonialism whose agenda is to establish military bases, capture markets and to further their nefarious objectives of robbing and exploiting the untapped resources of the captive nations for their factories and mills.

The Pakistan armed forces are mandated to protect Pakistan and its people from external aggression. It is not obligated to fight in submission to the wishes and designs of foreign powers that nurse their own blighted concepts of self protection and priorities.

Why should Pakistan a poor and economically weak country become pawn and part of the global diabolic game that is hollowing her from inside like termite and one day the edifice would crumble to the ground?

Can the leaders of Pakistan both in power and out of power think rationally and patriotically to apprehend and foresee the horrendous dangers and threats lurking over its stability and existence? Would they continue their sinister and insidious musical chairs game of intrigue and greed to take turn in ruling the country and grabbing power by foul and dubious means?

Do they realize that Pakistan is in deep and dire straits? Do they have an iota of commonsense to comprehend the hurricanes that are ferociously blowing to tear this country into pieces?

Can they feel the pains and sufferings of the oppressed people of Pakistan passing every day through a life and death ordeal due to hunger, poverty, disease, unbridled and galloping cost of living and scarcity of items of daily use?

Do they know people are losing their lives because of bomb blasts and vendetta killings and gang wars? Do they know young girls are kidnapped on the way to schools and colleges and subjected to rape and sold to prostitute dens? Do they know every day 22000 young boys are molested by the sex predators in the Islamic Republic of Pakistan?

We call ourselves Muslims and that is what the Islamic demagogues exhort us from the pulpit and from lavishly decorated religious congregations, to become. What is the ground reality? These religious orators incite their followers and sect fellows to slander their opponents and even kill them.

These religious zealots never initiate or start a campaign or float a mission against the social crimes, against the blood-thirsty mafias, against the evil doers, the rapist, the thugs, the looters of public funds, the adulterators, the bribe takers and bribe givers, the up to neck corrupt parliamentarians, the easy to buy jurists, the corrupt bureaucrats, the sleazy generals and the robbers occupying the power corridors.

These religious preachers can interpret to hang a powerless woman for adultery but do not want to punish a muscular and powerful man who kidnaps her and ruins her life at gun point or knife. We believe in distorted version of religious injunctions that hardly bring us any relief, redemptions and justice against the heinous culprits. Where are we heading to?

How can a woman produce four witnesses to prove that she was raped or molested? How a young and teen age girl molested by savage men can brace against the perpetrators for dishonoring her? Why, in the first instance, the laws are not implemented in letter and spirit.

To read complete article → Upright Opinion (Saeed Qureshi blog)