Tag Archives: Malik Riaz

Fisherfolk Rally Against Sale of Twin Islands of Sindh

Fisher folk protest against deal to sell islands

* PFF threatens to block port channels if projects not cancelled

KARACHI: Fishermen of Karachi coast on Friday threatened to block the channels of major Karachi Port and Port Bin Qasim if the government did not cancel the deal to hand over twin islands located near Ibrahim Hydri to Bahria Town.

A large number of people from the fishing community, both men and women, staged a protest demonstration, which started at the Sindh Assembly building and culminated at the Karachi Press Club.

The people, hailing from different coastal villages along the 129-kilometre long coastline, also staged a sit-in and demanded the government to realise that these islands are traditional fishing routes to the open sea. Hence, any development may harm their sources of livelihoods.

Chairperson Pakistan Fisherfolk Forum (PFF) Mohamed Ali Shah, Saeed Baloch, Majid Motani, Tahira Ali, Yousif Kadani and Shujauddin Qureshi of Pakistan Institute of Labour Education and Research (PILER) were leading the procession.

Continue reading Fisherfolk Rally Against Sale of Twin Islands of Sindh

Twin Islands Dingi and Bhandar (Bodha Island) are the property of Sindh

Another hitch pops up for foreign investment

By: Ramzan Chandio

SINHD: KARACHI – The controversy over the ownership of twin islands near Karachi has been resurfaced between the Sindh government and Port Qasim Authority, which allotted islands to the UAE-based company for establishment of Island city here.

The Bahria Foundation and UAE firm inked an agreement of US$20 billion to establish Island City on twin islands-Bundal and Buddo in sea near Karachi.

The controversy over the ownership arose during the PML-Q-led Sindh government of former Sindh Chief Minister Dr Arbab Ghulam Rahim and Port and Shipping Ministry of federal government in 2006, when federal government unilaterally allotted the islands to the Emmar Company of UAE.

Then opposition and present ruling party PPP, nationalist parties and fishermen had launched a protest campaign against the allotment of twin islands to the foreign firm, which compelled the foreign company from taking over the control of islands.

However, the issue resurfaced between the Sindh government and Port Qasim Authority when foreign company and local company Bahria Foundation of Malik Riaz inked a deal just two days ago. Sources said that Sindh Board of Revenue has moved a summary to the Sindh chief minister, urging him to take a position not to allow the allotment of islands to the foreign company as federal government sealed a deal with the foreign company even without asking from the Sindh government, which is the owner of the islands. Sources said that the Sindh government had taken notice of the recent deal between the foreign firm and Bahria Foundation and decided to take up issue with the federal government.

The Sindh PPP ministers led by Sindh Chief Minister Qaim Ali Shah met with President Asif Ali Zardari on Tuesday evening at Bilawal House and urged the President to resolve the matter.

It may be recalled that a committee comprising of then Attorney General Makhdoom Ali Khan from federal government and Sindh law secretary Ghulam Nabi Shah and officials of Board of Revenue Department held meetings in 2006 as both sides remained stick to their views and issue could not be resolved. The Board of Revenue Department through their documentary proof has been argued that the area of sea was given to the Port Qasim Authority during the government of Zulfikar Ali Bhutto for operational purpose but ownership rights were reserved with the Sindh government. The PPP-led Sindh government while pleading same arguments raised the issue with President Asif Ali Zardari.

Meanwhile, the PPP ministers and MPAs have shown strong reaction over the sudden deal on the Sindh government’s property of twin islands-Bundal and Buddo near Karachi.

Continue reading Twin Islands Dingi and Bhandar (Bodha Island) are the property of Sindh

Arsalan Iftikhar case: Asma voices concern over one-man commission

LAHORE: Former president of the Supreme Court Bar, Asma Jahangir on Monday said that the officer tasked by the SC to investigate the Arsalan Iftikhar case has close ties with the chief justice’s son and cannot be trusted to conduct a transparent investigation, DawnNews reported.

Speaking to media representatives at the Lahore High Court (LHC), Jahangir remarked that the UK’s Scotland Yard should be called in to probe the Arsalan Iftikhar case if Pakistani institutions are deemed unreliable.

Jahangir alleged that Shoaib Suddle, the investigating officer, is also known to regularly attend Arsalan Iftikhar’s events, she said, adding that he could not be expected to conduct a transparent investigation into the case.

Pakistan’s apex court is investigating allegations of a Rs342 million business deal between Dr Arsalan, son of Chief Justice Iftikhar Mohammad Chaudhry, and business tycoon Malik Riaz.

On Aug 30, the Supreme Court had accepted a review petition against its own earlier order, appointing Federal Tax Ombudsman Dr Mohammad Shoaib Suddle as the one man-commission to probe the controversial case. The commission is required to complete the task in a month.

Criticising the court’s decision, Jahangir said that if there were any questions over the National Accountability Bureau’s (NAB) investigating team, then the team could have been changed instead of changing the whole verdict.

Continue reading Arsalan Iftikhar case: Asma voices concern over one-man commission

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

Chief Justice of Pakistan, Iftikhar Chaudhry is a Mullah Omar of Pakistan; says Senator Faisal Raza Abdi

Language of the talk show is urdu (Hindi).

Courtesy: ARY News Tv (Talk show ‘Agar‘ with Aamir Ghori Faisal Raza Abdi – 24th August 2012)

Via » ZemTV » YouTube

Sheikh Rashid, ex-minister & now Imran Khan’s ally, exhorts Iftikhar Chaudhry, Chief Justice of Pakistan, to “kill” President Zardari

Courtesy: Duniya Tv » YouTube

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Twitter

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

Dismissal of new PM would tantamount to breaking country: Gilani

LAHORE: Former Prime Minister Yousuf Raza Gilani has said that if anything happened to the new prime minister, it would tantamount to breaking up the country. He said that the court decision against him was also unconstitutional. Gilani said that writing a letter to Swiss authorities would go against the constitution. The former prime minister also said that if elected officials were to be dismissed by court decisions, then there would be no use for elections. Gilani said that the system should be allowed to continue. He also said that the judiciary is not a political party and that it should not have any agenda.

Courtesy: DAWN.COM

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Read – Elected officials can be disqualified in Pakistan, but unelected DG ISI, MI are above the law?

Kindness of Supreme Court – Realistic Voice

By: Humza Ikram

Excerpts;

….. But in contrast to the hopeful symptoms, when I listen to the constitutional experts, none of them is optimistic. All are arguing that in the presence of SC’s judgment expecting something different is reckless because the previous decision was given by 17 judges, but now the bench has been reduced to mere five, so it is impossible to defy the verdict of 17 over 5.

In this regard, Former CJ, Saeed u Zaman Siddiqui says there cannot be any change possible in the previous judgment; they eventually have to write the letter, there is no possibility of any other option. And then we heard another remark from the CJ to the public exclaiming that whatever the court has said, it will happen, nothing can be done against it. It seems as if he is dictating the Supreme Court sitting bench.

After listening all of them, it is obvious that there is no option left for the Government to provide any middle way, then why the Supreme Court has done this gag with the nation? Aren’t they aware of it? What was the need of giving 15 days hope to the nation? If it was not just a gag from the SC, then now it is the responsibility of Supreme Court to offer a possible solution. So, after a lot of contemplation that what will be the Government’s stance on 8th of August, seeing the evident thinking of CJ. There is no other possible way for the Attorney General that in spite of submitting any argument in the court, he should straight away sing a famous song from Dillip Kumar’s golden film Devdas before the honorable court:

Continue reading Kindness of Supreme Court – Realistic Voice

PAKISTAN PERISCOPE – The case of exploding lawsuits

As the Supreme Court ups the ante against the new prime minister, the battle between various stakeholders in Pakistan is likely to get intense

By: Ayesha Siddiqa Independent Social Scientist

Excerpts

…. the most challenging act seems to be the case against Chief Justice Iftikhar’s son Arsalan Iftikhar. Allegedly, Arsalan blackmailed real estate tycoon Malik Riaz into paying him more than PKR 36 crore in bribe for getting favourable judgments in cases being heard in the Supreme Court. Although nothing has been definitely proven against him as yet, the glitterati of Lahore talk about Arsalan’s extravagant lifestyle, which comes as a surprise since he didn’t have a job three years ago. The Chief Justice comes from a humble background and claims to have no property, a statement that adds to the complexity of his son’s fortune. Riaz, who is considered as being close to both the military and Zardari, has continued to point fingers at Arsalan, his father and the entire family for extorting money and favours out of him.

The Arsalan-Riaz case is now being heard by the Supreme Court and probed independently by a Joint Investigation Team (JIT) comprising members from the country’s prime anti-fraud agency, the National Accountability Bureau, the Islamabad Police and the Federal Investigation Agency. Clearly, this is a card in the government’s hand that Chief Justice Iftikhar and his team of close aides seem to try to destroy by casting aspersions on the JIT’s credibility. It is not a coincidence that after every hearing by the JIT, there is an effort by the pro-Chief Justice wing of a certain media group to point fingers at the credibility of JIT. The effort increases around every hearing by the court or the investigating team.

The yet-to-be-proven case of extortion and the players involved in it make the head spin at the complexity of the case. According to sources, Riaz, who is reputed to be an “ISI asset”, could not have taken the risk of so brutally challenging the Chief Justice without taking the security establishment on board. The question is how does one juxtapose this assumption against another that the higher judiciary has the army’s support to destabilise the government?

Continue reading PAKISTAN PERISCOPE – The case of exploding lawsuits

Dictators and the Supreme Court

by: Mohammad Khan Sial

SINDH – KARACHI: The attorney general of Pakistan told a five-member bench of the Supreme Court of Pakistan headed by Chief Justice Iftikhar Muhammad Chaudhry on August 2, that the Supreme Court has always exonerated military dictators by targeting democratic governments. The attorney general’s comments are based on facts irrespective of intentions. I would humbly suggest that all the judges who have validated military dictatorships in the past should be tried for their decisions under Article 6 of the Constitution.

Courtesy: The Express Tribune, August 6th, 2012.

http://tribune.com.pk/story/417939/dictators-and-the-supreme-court/

Senator Faisal Raza Abidi demands Chief Justice’s resignation

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By Sidrah Moiz Khan

Abidi held Justice Chaudhry responsible for the alleged financial impropriety done by his son, Dr Arsalan Iftikhar

While hurling fiery allegations at Chief Justice Iftikhar Muhammad Chaudhry, Pakistan Peoples Party (PPP) Senator Faisal Raza Abidi on Sunday demanded a resignation from him and other judges who were reinstated under the Provisional Constitutional Order (PCO).

During a press conference in Islamabad, Abidi held Justice Chaudhry responsible for the alleged financial impropriety done by his son, Dr Arsalan Iftikhar.

The senator said that if the chief justice does not tender a resignation, then he will “force him out from the same way he had been restored as a judge.”

“He [Justice Chaudhry] says that he did not have any idea where his son got all that money from…I ask, when the case emerged, did you ask him where he got Rs900 million from?”

The senator produced bank account statements of Dr Arsalan and said that the person who used to “work under somebody else” now owns billions of rupees. He also showed that the billing address mentioned was that of the Chief Justice House in Islamabad.

“You [Justice Chaudhry] are to be blamed for this. This happened right in front of you. You cannot pretend to not know anything. Who gave Dr Arsalan the right to use government’s property for running his own businesses? Could he not rent out an office in some other area?

Continue reading Senator Faisal Raza Abidi demands Chief Justice’s resignation

Marvi Sirmed on Judicialization of Politics in Pakistan

Round table on Judicialization of politics organized by School of Political and Strategic communication (SPSC) Islamabad.

Courtesy: SPSC » YouTube

Arsalan Iftikhar and NAB

By Editorial

The crux of the Supreme Court’s cases against various PPP leaders has been the unassailable assertion that no one should be above the law, no matter how powerful they are. By not appearing before the National Accountability Bureau (NAB), Arsalan Iftikhar, the son of Chief Justice Iftikhar Chaudhry, has now gifted the PPP with the same argument. Arsalan contends that he did not receive any summonses from NAB, an excuse that will not wash, since all he had to do was pick up a newspaper to know that he was expected to appear before the body. Arsalan seems like the typical son of privilege, a man who has sailed through life by using his father’s name. He has to answer for his misdeeds and his stonewalling is merely delaying the inevitable.

Continue reading Arsalan Iftikhar and NAB

Contempt law case: SC rejects federation’s request for full court

ISLAMABAD: The Supreme Court on Monday rejected the federation’s request of a full court to hear the petitions against the recently passed contempt of court law, DawnNews reported.

A five-judge bench of the apex court comprising Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani heard the petitions against the new law.

Continue reading Contempt law case: SC rejects federation’s request for full court

Pakistan’s chief justice considering broad Internet/ media censorship at request of Jamaat-e-Islami & PTI

CJ takes suo moto notice of obscene TV shows, internet sites

By: Ansar Abbasi

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry has taken notice of the applications filed by former Jamaat-e-Islami (JI) amir Qazi Hussain Ahmad and retired judge and PTI leader Justice Wajiuddin against growing vulgarity and obscenity in the society through electronic media, illegal Indian channels, cable network and internet.

Following the complaints from the two respected public figures, the Human Rights Cell of the apex court, following CJ’s direction, sought views from Chairman Pemra and Chairman PTA, both of whom, however, had given routine bureaucratic responses without any concrete assurance that the menace would effectively be checked and controlled. …

Read more » The News

http://www.thenews.com.pk/Todays-News-2-120964-CJ-takes-suo-moto-notice-of-obscene–TV-shows-internet-sites

The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Know thy facts

By Feisal H Naqvi

There are moments in my academic past of which I am quite proud. Getting a distinguished Yale Law School professor of Constitutional Law to swear at me in open class is not one of them.

Continue reading The battle in Pakistan is not between executive and judiciary, but between rule of law and rule of a Judge

Partymen caution Nawaz against blindly supporting judiciary

By Zia Khan

ISLAMABAD: Leaders of the Pakistan Muslim League-Nawaz (PML-N) have begun to advise party chief Nawaz Sharif against blind support for judicial activism.

The main opposition party has sided with the higher judiciary in the standoff between the government and the apex court, which has begun to reach a crucial point once again – however, recent developments have led to a reconsideration among the PML-N’s hierarchy.

PML-N insiders told The Express Tribune that several central party leaders had cautioned Nawaz to be calculated in his backing for the judiciary, warning of a slippery slope. “A significant number of people in the party feel the judiciary in its decisions recently, and [Chief Justice] Iftikhar Chaudhry in his statements, have crossed certain red lines. This is not a good omen for the democratic system,” said an official. ….

Read more » The Express Tribune

Getting priorities straight – By Saroop Ijaz

Suppose for a moment that the Constitution of Pakistan is unanimously amended by the Parliament and an article is inserted saying, “from here on in all military takeovers/coups are declared illegal and treasonous and no court of law shall legitimise such a takeover…”. High-minded as it would be, one needs to be fantastically gullible or hopelessly optimistic to believe that mere tinkering with some legal provisions is all that is required for uninterrupted democratic governance. This may seem odd to you coming from someone who makes his sustenance on legalese but law is not really all that it is made out to be and especially not what our media would lead (or perhaps, like) you to believe. Firstly, a military coup is by definition extra-constitutional (or to quote the Supreme Court from the past meta/supra-constitutional) and hence, it will be merely another clause violated and on most occasions, the khakis are not overly concerned about constitutional nuance anyways. Secondly, the courts would read such an article as creatively as they desire since interpretation is, admittedly, their prerogative. However, the hypothetical article would serve some purpose insofar as it will make it more embarrassing for the courts and maybe even for the military adventurers, although they are generally immune from such petty sensibilities.

Continue reading Getting priorities straight – By Saroop Ijaz

Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Dear countrymen, democracy in Pakistan is gone, our country is running under “Judicial coup”[Judicial dictatorship]. Pity the judiciary that some judges have declared “Judicial coup” in Pakistan. May 24th ruling of the Speaker of National Assembly on the issue of PM Yousaf Raza Gilian’s conviction in the contempt of court case was declared void.

The court observed that the speaker had no authority to find faults in the apex court’s judgement and should have sent the disqualification reference to the Election Commission of Pakistan within 30 days. Supreme Court’s disqualification of the sitting Prime Minister Yousaf Raza Gilani on 19th June was a practical example of Judicial coup in Pakistan. And that decision was widely lamented by the world leaders, scholars and journalists round the globe. All the democratic nations, pro-democratic think tanks and groups of scholars, journalists, students of politics and people from all walk of life were deeply shocked, when they heard about disqualification of sitting Prime Minister of Pakistan by biased judiciary.

Yet again, Supreme court is on its way to hunt its prey –another elected prime minister of Pakistan. For to fulfill its nefarious designs, court has accepted petitions against contempt of court act 2012, which was signed into law. It is pertinent to mention here that CJ had already vowed to do declare contempt of court bill null and void before its passing in elected houses both upper and lower.

Continue reading Say ‘NO’ to Judicial Coup – by Dr. Saif-ur-Rehman

Pakistani Liberals Are No Leap of Faith

This beleaguered minority in the country still deserves international support.

BY SADANAND DHUME

This isn’t the best time to be a Pakistani liberal. Opinion polling shows most Pakistanis thinking of America as an enemy, democracy as an unwelcome concept and the imposition of Shariah law as a no-brainer. Meanwhile, recent news out of the country involves the judiciary taking down an elected prime minister and politicians like Imran Khan riding high by invoking anti-imperialist and Islamist ideas, even as an Urdu-language media remains saturated with hyper-nationalism.

Against this backdrop, the world can’t be blamed for regarding the Pakistani liberal as an exotic hothouse flower with no roots in the country’s unforgiving soil. As the United States enters a shaky new period of detente with Pakistan following the reopening last week of supply routes to Afghanistan, it’s fair to ask if these liberals deserve notice at all. Doesn’t it make more sense for the West to instead engage more intensely with the powerful army and assertive hardliners such as Mr. Khan?

The answer is no. It’s always tempting for the West to do business with whoever’s powerful, but this is a recipe for the kind of trouble America right now faces with its troublesome “ally.” Pakistan’s liberals are not only less weak and less of a fringe phenomenon than they’re made out to be, they’re also the only ones who hold out the promise of a better future for their country.

One recurring complaint against liberalism is that though Pakistan regained its democracy four years ago, President Asif Ali Zardari’s civilian government still can’t wrest decision-making away from the military. But no civilian government could realistically be expected to immediately assert its authority over an army that has directly ruled the country for 34 of its 65 years, and continues to command the lion’s share of national resources. As the experiences of Indonesia and Turkey show, only when democracy grows roots do politicians acquire the finesse and self-confidence to take on generals accustomed to command. This takes patience.

Continue reading Pakistani Liberals Are No Leap of Faith

CJ’s remarks

CJ’s remarks

CHIEF Justice Iftikhar Chaudhry on Saturday fired the latest salvo in the perceived escalating fight between the superior judiciary and the PPP-led federal government. The Supreme Court, according to Justice Chaudhry, can strike down any legislation that is incompatible with the fundamental rights guaranteed under the constitution. While this is a well-established principle, the timing of Justice Chaudhry’s comments is impossible to ignore: the chief justice’s dilation on the ins and outs of the constitution came in a week that the government proposed legislation to protect its constitutional office-holders from suffering the same fate as former premier Yousuf Raza Gilani suffered recently. Unfortunate as it is that the past judicial practice of justices speaking only from the bench and through their judgments has been discarded in recent years, the comments by the chief justice come very close to pre-empting the legislative process. Astonishingly, however, the chief justice did not just stop there: he indicated that the supremacy of parliament was ‘out of place in the modern era’, the constitution itself enjoying pre-eminence over the will of parliament. This is explosive, particularly given the backdrop of the judiciary-government battles. Start with the claim that the constitution, not parliament, is supreme, add the corollary that the SC is the final and unquestioned interpreter of what the constitution does or does not permit — and suddenly Pakistan is in the realm of a supreme judiciary, an unelected institution dictating the contract by which state and society interact. This would be a fundamental shift in the way Pakistan’s constitutional arrangement is imagined and it is quite extraordinary that a serving chief justice would see fit to make such a pronouncement outside a judicial forum. In the SC, the chief justice is the administrative head but his vote is equal to that wielded by any other justice in any given case. Surely, then, at the very least, this is a matter to be decided before a full court, if and when the matter comes before the court.

But returning to the issue of fundamental rights guaranteed in the constitution, why is it that the court keeps invoking fundamental rights when it comes to engaging with the government instead of concentrating on securing the fundamental rights of the people? Why not focus on the broken judicial system in which the average complainant has virtually no hope of ever getting justice, and none of getting it on time? Why not focus on the abysmally low rate of successful prosecution that allows criminals to walk free? Must the court be so obviously selective?

Courtesy: DAWN.COM

http://dawn.com/2012/07/09/cjs-remarks-3/

The Collapsing State of Pakistan!

By Saeed Qureshi

Living in Pakistan for most of the Pakistanis is nothing short of a persistent nightmare and an unrelenting trauma. The Pakistani society is rapidly decaying and could be pictured as rotten. The rulers and the coterie of leaders do not shy away from heaping miseries, humiliations and deprivations on a nation that was born some six decades ago. The people have been subjected to horrendous civic and social deformities that could equate Pakistan with some of the obscure African countries where life is at a subhuman level and human civilization is yet to make its presence felt.

The dignity, the self esteem, the honor and the moral principles look like unpalatable anathema to the politicians of Pakistan. The, shameless leaders, the brazen-faced politicians and the parliamentarians are like leeches sucking the blood of the people and turning that hapless segment of humanity into living corpses.

Water, let alone potable, is becoming a luxury to be bought with money. The electric power for a society is like blood in human veins. This indispensible amenity is not only horrifically scarce but callously expensive. Because of the load-shedding patently a cover- up for acute power shortage, a whole nation is developing mental disorders and sinister psychological disabilities.

The social sector is in an indescribable mess. The Health, education, transport, environment, institutions, departments, railways, roads, dams, manufacturing units, mills, factories, moral moorings, individual ethics, are in state of rapid decay. If we try to look around for good governance among various societies in the modern times, Pakistan cannot be among them. If you picture Pakistan in your mind, you may visualize the deterioration of such essentials features as order, discipline, peace, decency, honesty, fairness, mutual respect, and self-esteem.

Continue reading The Collapsing State of Pakistan!

Our right to know

By Saroop Ijaz

The refusal of the Supreme Court Registrar to render to the Public Accounts Committee any details of the plots ostensibly allotted to the Honourable Judges leaves a distinctive and familiar bad taste in the mouth. The reason put forth by the Registrar is that according to Article 68 of the Constitution, no discussion can take place in parliament regarding the conduct of any judge of the Superior Courts  “in discharge of his duties”. The argument is indeed peculiar since I certainly hope that the Registrar is not implying that the land was acquired in discharge of duties. Let us get a few things clear at the outset; firstly, no allegation has been made against any judge or the judiciary. Secondly, even if an extra plot was accepted, it forms no basis of a prima facie misconduct. In this light, the reluctance or the outright denial seems faintly paranoid and defensive, in any event puzzling. I have a feeling that because the Supreme Court thinks that parliament is made up of incompetent crooks, it (the SC) cannot and should not subject itself to scrutiny by them. If that is so, the problem should be obvious: clichés likes “checks and balances”, “who will guard the guards” etc. The SC is empowered to interpret the law and decide what is permissible, yet the refusal comes too close to ambitiously high-minded self-comparisons with two of the four Caliphs. I am against anyone being held to the standards of the pious Caliphs and quite content with imperfect temporal constitutional standards. Yet, to the cynic it may seem as what can be colloquially termed as a “having-it-both-ways” approach.

Continue reading Our right to know

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

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 – government, allies agree to amend constitution again

ISLAMABAD: The government and its coalition partners late on Friday agreed to bring 21st and 22nd constitutional amendments, which will also allow dual nationals to contest elections, DawnNews reported.

The meeting at the Presidency was chaired by President Asif Ali Zardari, Prime Minister Raja Pervez Ashraf and former premier Yousuf Raza Gilani also attended it.

Federal Law minister Farooq H. Naek briefed the meeting over proposed bills regarding contempt of court and dual nationality before tabling it in the National Assembly.

The meeting approved 21st and 22nd amendments in the constitution. The latter will allow people having dual nationality to participate in general elections.

The law minister also informed the meeting that process of related lawmaking was in progress over contempt of court issue.

The meeting also decided to protect decisions taken by former PM Gilani between April 26 and June 19.

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For Pakistan July 5 is a reminder that Military rule destroys freedom, generates oppression, fosters inequality and promotes extremism.

رات جو رهزن  …….. ضياءالحق

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ضیاء زندہ ہے

محمد حنیف

بی بی سی اردو سروس، کراچی

نہ کہیں ماتمی جلسہ، نہ کوئی یادگاری ٹکٹ، نہ کسی بڑے چوک پر اسکا بت، نہ کسی پارٹی جھنڈے پر اُسکی کی تصویر، نہ اُسکے مزار پر پرستاروں کا ہجوم، نہ کسی کو یہ معلوم کہ مزار کے نیچے کیا دفن ہے۔ نہ کسی سیاسی جماعت کے منشور میں اُسکے فرصودات، نہ ہر لحظ اُٹھتے سیاسی ہنگاموں میں اسکی بات۔ نہ بڑے لوگوں کے ڈرائنگ روموں میں اُسکے ساتھ کھنچوائی ہوئی کوئی تصویر، نہ کسی کتب خانے میں اُسکے کے ہاتھ کی لکھی ہوئی کوئی تحریر۔ نہ کوئی سیاستدان چھاتی پر ہاتھ مار کر کہتا ہے میں اسکا مشن پورا کروں گا۔ نہ کوئی دعا کے لیے ہاتھ اٹھاتا ہے کہ مولا ہمیں ایک ایسا ہی نجات دہندہ اور دے۔

Continue reading For Pakistan July 5 is a reminder that Military rule destroys freedom, generates oppression, fosters inequality and promotes extremism.