Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

Pakistan’s gun-slinging chief justice faces backlash

…. But the CJP, too, has got his fair share of criticism. Some say the decision to disqualify Gilani smacks of a grudge match cheered on by his allies in Pakistan’s boisterous media.

Legal experts have questioned whether Justice Chaudhry may have exceeded his powers by ousting the prime minister, arguing that there were other options available to resolve the stand-off with Zardari’s government. “It’s my impression that the judgements are highly politicised,” said Asma Jahangir, a respected human rights lawyer. “The populist approach of the chief justice will destabilise the democratic process.” ….

Read more » Daily Times

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Click to read » Philippine Senate voted to remove Supreme Court Chief Justice

Judiciary always supports army rule, rues Asma

LAHORE: Former 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.

Benazir Bhutto Criticised Pakistani Supreme court (Chief Justice Iftikhar Ch) for being Biased

» YouTube

When it comes to PPP, even judiciary acts somewhat differently!?

The language of the discussion is urdu/ Hindi.

Courtesy: ARY News (11th hour with Waseem Baadaami, guest Faouzia Wahab)

via – Siasat – You Tube Link

Judiciary is not non-partisan, it tilts towards Muslim league (PML-N) – says Fauzia Wahab; Chief Justice has characteristics of military generals – says Abbas Athar

The language of talk show is urdu/ Hindi.

Courtesy: – Express TV – Front Line (Kamran Shahid, Abbas Athar, Fauzia Wahab, Kazi Anwar)

Via- ZemTv, – You Tube- Link