Tag Archives: Kanagaroo

Judges should not govern country: India’s chief justice

NEW DELHI, Aug 25: Asserting that judges should not govern the country or evolve policies, the chief justice of India said on Saturday he wondered what would happen if the executive refused to comply with the judiciary’s directives.

Justice S.H. Kapadia asked judges if they would invoke contempt proceedings against government officials for not complying with their decisions and disapproved a recent Supreme Court judgment which said “right to sleep” was also a fundamental right.

“Judges should not govern this country. We need to go by strict principle. Whenever you lay down a law, it should not interfere with governance. We are not accountable to people.

Continue reading Judges should not govern country: India’s chief justice

SC asks PEMRA if it has taken notice of TV programs defaming judiciary

By Web Desk

We will show you advert­isemen­ts, you tell us if they are obscen­e or not, says chief justic­e to PEMRA

ISLAMABAD: The Supreme Court of Pakistan, hearing applications filed against “obscene content” being aired on television channels, asked Pakistan Electronic Media Regularity Authority (Pemra) if it had taken any notice of programs defaming the judiciary.

The applications were filed by ex-Ameer of the Jamaat-e-Islami, Qazi Hussain Ahmad, and Justice (retd) Wajihuddin Ahmed of the Supreme Court, who has recently joined the Pakistan Tehreek-i-Insaf.

The three-member bench hearing the applications rebuked Pemra’s performance in this regard, while Justice Jawad S Khwaja remarked that the regulatory body never does anything concrete.

Chief Justice Iftikhar Muhammad Chaudhry said to Pemra that the bench will air TV advertisements and Pemra will be made to decide if they are obscene or not.

Continue reading SC asks PEMRA if it has taken notice of TV programs defaming judiciary

Rough justice

By Asad Jamal

June 2012 will go down in the legal and political history of Pakistan as a watershed month as the Supreme Court (SC) of Pakistan intruded not only the domain of other state institutions and violated the code of conduct for the superior judiciary but also disregarded some of its own recent and not-so recent pronouncements.

It was the June 19 decision to disqualify Yousuf Raza Gilani as a member of the National Assembly (NA) and as Prime Minister of Pakistan that really stole the limelight. The decision, delivered through a short order which states that the reasons for disqualification will be recorded later, has been criticised on various grounds. The critics of the verdict variously call it legally infirm, an encroachment upon the domain of parliament and other constitutional offices, lacking impartiality and being potentially detrimental to democracy in Pakistan.

On the lack of impartiality first: while the decisions of a court may be debated and questioned, the judges should never lose the appearance of impartiality. In a 2006 speech during the Golden Jubilee celebrations of the SC, Justice Asif Saeed Khosa had said “… independence of judiciary is not an end in itself; it is only a means to the end, and the end for sure is impartiality of judiciary.” Unfortunately, the order for Gilani’s disqualification is a glaring example of the court’s transgression into the jurisdiction of other constitutional offices, if not outright bias.

Continue reading Rough justice

Supreme Court and Public Accounts Committee

by Marvi Sirmed

Sharing with you this important document, which has left me shocked and extremely disappointed in the ‘wisdom’ of those who need to be the wisest. Amid all kinds of corruption allegations on politicians being pursued by the Supreme Court of Pakistan (SCOP), one case got special treatment by the worthiest men of this country – the graft case of Mr. Arsalan Iftikhar. Iftikhar is a 34 years old ‘innocent boy’ who was reportedly ‘lured’ into accepting a not-s-small sum of money from one Malik Riaz, the real estate tycoon who knows how to make the mare go. The innocence of Mr. Iftikhar is further proven by the fact that he happens to be the son of Chief Justice of Pakistan. The case was thus, taken up by none other than CJP himself, as a suo-moto action under Section 184(3) which allows the CJP to move the court if the case pertains to violation of fundamental rights and is of public interest. The case, definitely is of public interest and violates Mr. Iftikhar’s right to remain innocent for the rest of his life! The case, as was right thing to do, was disposed of by mildly lecturing all parties to ‘behave’.

Why is it important to recall Mr. Iftikhar? Because his was not the only case where the worthy court to be partisan for its own interest. Responding to Public Accounts Committee, the elected watch body over the Auditor General of Pakistan that called Registrar of Supreme Court to present himself before the Committee and explained some overspending by the SCOP. Guess what happens next? The wise men in SCOP, came up with a document that conveniently leaves everyone in the SCOP outside the ambit of any elected watch body that oversees the transparency of financial transaction by public institutions including SCOP. Have a lok over how the Registrar of SCOP – an official who is not a judge – exonerates himself from legislature’s scrutiny.

One wonders who is going to ensure transparency when even the most responsible institutions of this country try to evade law on the pretext of law. Ironic and sad. The language used in this document and disregard for transparency makes my wish it must not be what the worthy men in SCOP meant. Have a good reading experience please!

Supreme Court, Pakistan, Chief Justice, Arsalan Iftikhar, Auditor General, Public Accounts Committee, Parliament, Judiciary, Pakistan …..

Read more » BAAGHI

http://marvisirmed.com/2012/07/08/supreme-court-and-public-accounts-committee/

Gilani’s sentence proves no one is above the law: Chief Justice

By Zeeshan Mujahid

KARACHI: The contempt of court case against former prime minister Yousaf Raza Gilani proves that every individual, irrespective of his position, is subject to the law, said Chief Justice Iftikhar Muhammad Chaudhry while addressing a lawyers’ ceremony at the Supreme Court Karachi registry on Saturday.

The chief justice added that action was taken against Gilani under the contempt of court law because the chief executive of the country defied court orders, and added that the implementation of court orders is the duty of the executive, which has been explained adequately in Article 190 of the Constitution.

Addressing the issue of immunity provided to the elected representatives, the chief justice said that if a person elected by the people violates the Constitution, then it is the duty of the courts to stop him.

Continue reading Gilani’s sentence proves no one is above the law: Chief Justice

Pakistan is showing its helplessness in the face of those who carry guns & bombs

Lal Masjid: rewarding an insurrection

By Pervez Hoodbhoy

The honourable Chief Justice of Pakistan says he is losing patience with the Capital Development Authority (CDA). In a court-initiated (suo motu) action, he wants a quick rebuilding of the Jamia Hafsa madrassa, flattened by bulldozers in 2007, after it became the centre of an insurgency. A three-judge bench of the Supreme Court, headed by the CJ, is now dragging procrastinators over the coals by issuing notices to the CDA chairman, Islamabad’s chief commissioner and the interior secretary. The Court has also expressed its “displeasure” over the status of police cases against the Lal Masjid clerics and ordered the deputy attorney general to appear before it next week.

It is dangerous to comment on Pakistan’s highest level of judiciary. So let me solemnly declare that the highest wisdom must lie behind this extraordinary judicial activism. Nevertheless, I must confess my puzzlement because — as was seen by all — Lal Masjid and the adjoining Jamia Hafsa had engaged in a full-scale bloody insurrection against the Pakistani government, state, and public. Hundreds died. That those who led the insurrection should be gifted 20 kanals of the choicest land in sector H-11 of Islamabad is, I think, slightly odd.

Such thoughts crossed my mind last week when a flat tyre occasioned me to walk along the outer periphery of the freshly-painted and rebuilt Red Mosque. I momentarily stopped to read a large wind and rain-weathered monument which, placed on the government-owned land that Jamia Hafsa once stood upon, declares (in Urdu) that “The sacred Islamic worship place here was destroyed by a tyrannical ruler to prevent Sharia from becoming the law”.

The story of the insurrection and its tragic end is well-known. In early January 2007, the Lal Masjid had demanded the immediate rebuilding of eight illegally-constructed mosques that had been knocked down by the CDA. Days later, an immediate enforcement of the Sharia system in Islamabad was demanded. Thereafter, armed vigilante groups from this madrassa roamed the streets and bazaars. They kidnapped ordinary citizens and policemen, threatened shopkeepers, and repeated the demands of the Taliban and other tribal militants fighting the Pakistan Army.

At a meeting held in Lal Masjid on April 6, 2007, it was reported that 100 guest religious leaders from across the country pledged to die for the cause of Islam and Sharia. On April 12, in an FM broadcast, the clerics issued a threat to the government: “There will be suicide blasts in the nook and cranny of the country. We have weapons, grenades and we are expert in manufacturing bombs. We are not afraid of death….”

Lal Masjid was headed by two clerics, the brothers Maulana Abdul Aziz and Maulana Abdur Rashid Ghazi. They had attracted a core of militant organisations around them, including the pioneer of suicide bombings in the region, Jaish-e-Muhammad. Also on April 12 2007, Rashid Ghazi, a former student of my university, broadcast the following chilling message to our female students:

The government should abolish co-education. Quaid-e-Azam University has become a brothel. Its female professors and students roam in objectionable dresses. They will have to hide themselves in hijab otherwise they will be punished according to Islam…. Our female students have not issued the threat of throwing acid on the uncovered faces of women. However, such a threat could be used for creating the fear of Islam among sinful women. There is no harm in it. There are far more horrible punishments in the Hereafter for such women.”

For months, unhindered by General Musharraf’s government, the Lal Masjid operated a parallel government that was barely a mile or two away from the presidency and parliament. Its minions ran an unlicenced FM radio station, occupied a government building, set up a parallel system of justice, made bonfires out of seized cassettes and CDs, received the Saudi Arabian ambassador on the mosque premises, and negotiated with the Chinese ambassador for the release of his country’s kidnapped nationals. But for the subsequent outrage expressed by Pakistan’s all-weather ally, the status quo would have continued indefinitely.

Nevertheless, our courts say that they cannot find any evidence of wrongdoing during the entire six-month long saga. They say there are no witnesses or acceptable evidence. Abdul Aziz and Umme Hassan (his wife, who heads Jamia Hafsa), therefore, stand exonerated. Also lacking, they say, is proof that the Lal Masjid accused possessed heavy weaponry.

But Islamabad’s residents know better. When the showdown came in July 2007, machine guns chattered away as mortars and rocket launchers exchanged their deadly fire. Copious TV coverage shows armed madrassa students putting on gas masks to avoid the dense smoke. The final push left 10 of Pakistan’s crack SSG commandos dead, together with scores of defenders. A tidal wave of suicide attacks — as promised by the clerics — promptly followed.

Some speculate that the land gifted to Aziz and Hassan is actually the price for keeping hornets inside their nest. This is not impossible because suicide bomb attacks inside Pakistan’s major cities have decreased dramatically in the last two years. The authorities claim credit, saying the reason is better intelligence about violent groups and better policing. But anyone driving through Islamabad knows how trivially easy it is to conceal weapons and explosives; the security measures are certainly a nuisance to citizens but hopelessly ineffective otherwise. So, could the H-11 land offer be part of a much wider peace deal with various militant groups?

The temptation to make deals has grown after the battle for Lal Masjid. It is clear who won and who lost. Even as they fought tooth and nail against the Pakistan Army, the madrassa clerics were never dismissed and continued to receive their full government salaries. On the other hand, General Musharraf — who acted only after things went out of control — now sulks in exile. All madrassa curriculum reform plans are dead; the government does not talk about them anymore — let the clerics teach what they want.

Appeasement is the hallmark of a weak state and dithering leadership. Once again, Pakistan is showing its helplessness in the face of those who carry guns and bombs. For a country alleged to have the world’s fastest growing nuclear arsenal, this is surely ironical.

Courtesy: The Express Tribune, May 21st, 2012.

http://tribune.com.pk/story/381761/lal-masjid-rewarding-an-insurrection/

Former prime minister of Pakistan, Nawaz Sharif tries to date author Kim Barker by offering her an iPhone

The Language of the news is urdu (Hindhi).

Courtesy: Duniya Tv News » Siasat.pk

Via – Twitter

 

Is this Justice???

Pakistan Peoples Party Washington DC condemns the decision made by Supreme Court against elected prime minister of Pakistan Syed Yousaf Raza Gillani.

In their statement PPP said that PM was just following the constitution of Pakistan.

It also noted with disappointment that while no dictator had been punished for suspension and abrogation of the Constitution a democratically and terorist like Malik Ishaq had been granted bail but an elected Prime Minister had been sentenced for upholding the Constitution. They also criticize media’s role in being a cheer leader of right-wing, Islamist politicians and populist judges is an unfortunate departure from its often stated role of being a “fair and balanced” presenter of the news and of informing the public.

PPP demands Supreme Court to invest time in issues which are concern to Pakistan and its people such as Younas Habib case instead of becoming a tool to destabilize democracy in country.

The participants of meeting said that Mr. Nawaz Shrif must remember his past actions before suggesting PM to resign as it is not PPP who attacked Supreme Court but was Mr. Shrif and his party members. The participants also noted that it is about time for Sharif brothers to support democracy in Pakistan as federation and stop beating provincial band.

The meeting of the PPPUSA congratulated the Prime Minister over his stance in defending the Constitution.

Meeting was attended by:

Senator Mohammad Akbar Khawja, Ali Nawaz Memon, Sr.Vice President PPP USA, Syed Iftikhar Zaidi, Sr.Vice President PPP USA, Masood Zakria Ch., Additional Sec Gen PPP USA, Dr. Javed Manzoor President PPP USA, Jawad Shirazi, Sr.,Vice President PPP Washington DC, Mansoor Qureshi, Sec. General PPP Washington DC, Munirullah Butt, Syed Imran Zaidi, Sec. Information PPP Washington DC, Junaid M Choudhary, Ali Awan, Junaid Chudhry, Haider Asghar, Jaffer Shah, Nawazish Shah