Tag Archives: Supreme Court of Pakistan

Paving the way for the General? —Taimur Malik

Courtesy: Daily Times

After the events of the last few years, the rejuvenated superior judiciary fully understands that not only is it responsible for the protection of the rights of the citizens of this country but it is also accountable to the same citizenry.

It is January 10th 2010, and Pakistan is once again ruled by a General. Under normal circumstances, the previous sentence may very well be the opening line of a fiction story. However, today it seems frighteningly close to a possibility bordering onto reality.

This fear of the known is in fact being propounded by the government of the day itself through its intentional and unintentional omissions and perhaps its sheer inability to handle the present security paradigm and onslaught of corruption charges against its leaders.

Continue reading Paving the way for the General? —Taimur Malik

NAB Chairman ordered to Jail on contempt of court

SC announces to send NAB tops to jail

Courtesy: The News

ISLAMABAD: Supreme Court (SC) has ordered to put behind bars the Chairman of National Accountability Bureau (NAB) Naveed Ahsan and acting Chairman Irfan Nadeem, Geo News reported Tuesday.

The six-member SC bench headed by the Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the Court Contempt notices against the NAB, Interior Ministry, the FIA and high-ups of Establishment Division for not implementing the SC’s NRO verdict.

The court also slammed the Swiss cases record’s being kept at Pakistan’s High Commission in London and said in its remarks that the matter relating the President’s immunity could be scrutinized if put before the court.

The NAB counsel Abid Zuberi told the court that Swiss cases record has been taken from the Pakistani High Commission, adding the record is sealed.

Justice Khalilur Rehman Ramday wondered who would be responsible if the record is mishandled at the High Commission, adding this is the record which is under the custody of the criminals.

NAB chairman Naveed said the issue of President’s immunity is stumbling block in the matter relating Swiss cases. The CJ responded that if somebody faces problem over the issue, he would contact the court; addressing the NAB top official not to advocate it for nothing, as he (the President) did not claim the immunity.

The CJ Chaudhry told the NAB official that he will remain jailed until the NRO verdict is materialized.

Justice Chadhry Ijaz bristled in his remarks that the Executive is above the court’s verdict stemming its implementation.

NAB chief said he was on leave from March 9th in the wake of court verdict on the NRO.

Ahsan said he unconditionally apologizes to the Court, arguing that he was under wrong impression with regard to presidential immunity. The Chief Justice reprimanded Chairman Nab, saying that if someone has any thing to claim regarding immunity, he or she should come to the court to claim it, and that how could Chairman NAB decide on this matter on his own.

The CJ said if he does not send the responsible persons to the jail then he himself would fail his duties.

Though, the Swiss cases were not opened; but, the 60 million dollars of the country were searched for, he interrogated.

Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry addressed the NAB chief, ‘You had 80 days; but, you didn’t take any action before going on vacations. The Court gave you one-day notice tomorrow. Now, we are sending you to jail on one-day notice, as you are the responsible for no implementation.’

‘You will stay in jail until the SC’s verdict on National Reconciliation Ordinance (NRO) is implemented; the NAB wasted over three months,’ the court scolded.

The CJ Chaudhry told Ahsan that he is being sent to Adiala Jail on contempt of court and the court would see about if the government shows up for his rescue.

Tuesday, March 30, 2010

Source – http://thenews.com.pk/updates.asp?id=101804

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

Supreme Court of Pakistan struck down the NRO

ISLAMABAD: The Supreme Court of Pakistan has struck down the National Reconciliation Ordinance (NRO), The controversial ordinance granting politicians, bureaucrats and industrialists amnesty was brought in by ex-President Gen. Pervez Musharraf for his own political interests. The court decision opens the way to possible prosecution for President Zardari’s political cronies and other allies, though he remains protected by presidential immunity. A welcome step towards rule of law in Pakistan and hope that the law will even extend across the board to other power corridors of corrupt bearucratics, industrialists, businessmen, politicians, judges, journalists and generals…

Request to honorable court of Pakistan by Chairman Sindh Development Foundation

Very serious legal matters are being discussed in different TV channels of Pakistan like proceedings in open air discussions. Some anchors are portraying as a complainant, chief witness, trial lawyer, prosecutor and judge all together and then they are giving verdicts about legal matters to instigate the general public and different institution to revolt. According to the constitution, it is not fair to persecute anybody in general public by open air media trail for character assassination. According to law, every one is innocent until proven guilty. It is the right of the honorable court to give a verdict after a fair trial. Justice is blind and it can not be selective. Accountability should be for all and not against one person or party. It seems that such organizers, anchors and TV channels are running a one side campaign against one party and trying to destabilize and weaken the democratically elected Government of Pakistan.

DR ALI AKBAR DHAKAN

Chairman, Sindh Development Foundation

Whither Pakistan? A five-year forecast

By Pervez Hoodbhoy

Courtesy: Bulletin of the Atomic Scientists

First, the bottom line: Pakistan will not break up; there will not be another military coup; the Taliban will not seize the presidency; Pakistan’s nuclear weapons will not go astray; and the Islamic sharia will not become the law of the land.

That’s the good news. It conflicts with opinions in the mainstream U.S. press, as well as with some in the Obama administration. For example, in March, David Kilcullen, a top adviser to Gen. David Petraeus, declared that state collapse could occur within six months. This is highly improbable.

Now, the bad news: The clouds hanging over the future of Pakistan’s state and society are getting darker. Collapse isn’t impending, but there is a slow-burning fuse. While timescales cannot be mathematically forecast, the speed of societal decline has surprised many who have long warned that religious extremism is devouring Pakistan.

Continue reading Whither Pakistan? A five-year forecast

Dialectics of Supreme Court decision

manzoorejzWASHINGTON DIARY: Unavoidable changes

by: Dr Manzur Ejaz, USA

Courtesy: Daily Times Aug: 5, 2009 & Wichaar.com, Aug: 4th, 2009

Ayub Khan’s military rule, under which the Jama’at-e Islami was almost outlawed and development was the top priority, was very different from the ideological dictatorship and Islamisation of Zia-ul Haq. Similarly, Pervez Musharraf’s era was different from previous military governments in many ways.

Continue reading Dialectics of Supreme Court decision

Arrogant retired general challenges the authority of the Supreme Court

Pakistan’s former military ruler, General Pervez Musharraf (Retd.) has refused to appear before the Supreme Court of Pakistan. The Supreme Court issued notice on him to appear before the court in the case of a constitutional petition challenging the forced removal of two judges of the Sindh High Court.

Continue reading Arrogant retired general challenges the authority of the Supreme Court

How to clear the mess: by Imran Khan- Comment by Iqbal Tareen

I some times wonder how stubborn one can be in the face of a reality. Instead of asking how to get rid of the terrorist who pose real and immediate threat to the sovereignty of Pakistan, Mr. Khan has the nerve to ask “How get out of the so-called War on Terror” Please look out the window Mr. Khan. THEY ARE HERE ALREADY!! They are blowing the mosques, throwing bombs on funerals, killing hundreds and thousands of innocent people, they have declared the Pakistani Supreme Court you pretended to support as Un-Islamic. They are whipping women and cutting the throats of the people in the streets. And you had the nerve to condone all that and openly say in the media that you support Taliban!!!

Continue reading How to clear the mess: by Imran Khan- Comment by Iqbal Tareen

CJP to remain PCO judge without fresh oath: Fazlur Rehman

fazal-al-rehmanCourtesy and Thanks: Daily Times Monitor
LAHORE: Chief Justice of Pakistan (CJP) Iftikhar Chaudhry will continue to remain a Provisional Constitution Order (PCO) judge if he does not take a fresh oath under the constitution, Jamiat Ulema-e-Islam- Fazl (JUI-F) chief Fazlur Rehman said on Monday. A private TV channel cited him as saying that he had not been taken into confidence over the reinstatement of the CJP. He claimed he had merely been a spectator in the decision taken by the government. He said that while the judicial crisis had been ostensibly resolved, there were still several glaring contradictions.

Continue reading CJP to remain PCO judge without fresh oath: Fazlur Rehman

Justice Chudhry v/s Justice Dogar

by Manzoor Chandio, Karachi, Sindh
The writer works in daily dawn Karachi and he can be reached at catalyst2pk@yahoo.com
Blog: http://manzoorchandio.blogspot.com/
Justice Chaudhry took his oath from military dictator Musharraf. Justice Dogar took his oath from military dictator Musharraf. What’s the difference?.. As far as Justice Chaudhry’s performance is concerned, I think Justice Dogar is second to none.
Justice Chaudhry worked his entire tenure under an unconstitutional military regime. Justice Dogar worked most of his tenure under a constitutional government.
Justice Dogar took hundreds of suo moto actions, including eight after reading Kawish. These cases related to the violation of human rights, abuses of women and children.
Late BB, the PPP and we all supported the reinstatement of judges not the removal of judges. The PML-N kept demanding the removal of judges which is against the Constitution.
There is a provision in the Constitution that judges can be appointed but judges can’t be removed.
We’ve always deliberated that all problems are created by military regimes which continue spiraling affecting democratic governments for years. The judges’ issue was created by a military government which has domino effects till today and it will continue for years. What is dangerous now that the PML-N are not ready to look forward to make a fresh start?
Yes Punjab and PML-N have right to protest. And there should not be police and army to stop them. For the last 63 years, establishment turned the green of Bengal into red, they raped thousands of women, they killed and maimed thousands of Sindhis during the MRD for demanding democracy and they killed and bombed the Baloch for demanding freedom.
Even during the lawyers’ movement, we saw bodies of Sindhis lying on Shahra Faisal. Hundreds of people were killed and hundred others were injured. But guns were silent in Punjab on the same day. Even lathis were not used. Why this difference?

Continue reading Justice Chudhry v/s Justice Dogar

Let judges be the judges

Aitzaz Ahsan
Aitzaz Ahsan

Aitzaz, pl. pull back; your role is over; let judges be the judges now
I hope, if these lines reach the CJ, he would stop the flag hoisting ceremony to be a political function.
by Aziz Narejo, TX, USA
The glorious lawyers’ movement and their second “Long March” joined by political parties and civil society activists has finally achieved its objective as illegally and unconstitutionally deposed judges have been reinstated to their pre-November 3, 2007 position. Many people had earlier dismissed the lawyers’ movement and had termed it a lost cause. Some others had suggested a “middle road”. The people marching from Lahore last Sunday proved them wrong and forced the government to reverse the military dictator’s draconian action against the judiciary. One must congratulate the lawyers, civil society activists and political parties that steadfastly supported the epic movement for the restoration of judiciary to pre-November 3, 2007 position.

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ATLAST DEPRESSION FOR MR. ZARDARI

by Dr Ali Akbar Dhakan, Karachi, Sindh
A letter was published entitled ”An open letter to Mr Zardari” in Daily Dawn dated 19 May, 2008, indicating danger of stubbornness and inflexibility from a circle of courtiers encircled around him who will not provide a good source of advices but only misguidance, insanity and illadvices to serve their own vested interests.The same thing happened and atlast they depressed Mr. Zardari and became a bad source for his besiege and degradation. At last sanity prevailed and a good decision for the restoration of the Chief Justice of Pakistan was taken in the early hours of 16th March 2009

Continue reading ATLAST DEPRESSION FOR MR. ZARDARI

Pakistan’s Zardari Isolated and under Pressure

Courtesy and Thanks: The Irish Times, March 20, 2009
Many within the ruling party fear the president will leave the country politically adrift after the recent crisis, writes PAMELA CONSTABLEin Islamabad
PAKISTAN’S RULING party, which narrowly survived a meltdown this week in the face of massive street demonstrations, is working to regroup and regain credibility despite the weakened position of its top leader, President Asif Ali Zardari. Many Pakistanis hope Zardari, who was forced to capitulate to a coalition of opponents on Monday and reinstate a group of deposed senior judges, will rise above his personal defeat and reach out to forge a permanent reconciliation, especially with his arch-rival, ex-prime minister Nawaz Sharif.

Continue reading Pakistan’s Zardari Isolated and under Pressure

Justice Chaudhry returns!

iftakharWASHINGTON DIARY: Justice Chaudhry returns
by Dr Manzur Ejaz, USA
March 17th, 2009
Courtesy and Thanks: Daily Times
The restoration of Justice Chaudhry may neutralise him as a symbol of the movement for justice and equality. However, on closer examination, for the masses supporting the independence of judiciary, the concept of equality and justice is about more than placing independent judges in the superior courts.

Continue reading Justice Chaudhry returns!

Restoration of Chief Justice is a business deal that brings only profit!

By Nisar Ahmed Nizamani
I see the restoration of Supreme Court Judgeg in a different way. This is not the battle which is won by Punjab, but it was an opportunity that is unwisely missed by Pakistan Peoples Party lead by Mr. President Zardari who has the most “brilliant” advisor like Salam Taseer and etc
Restoration of Chief Justice at any cost is a business deal that brings only profit as it has no loss stake in it. And Nawaz Shrif has gotten the opportunity. Therefore, the whole profit has gone into the pockets of Sharif brothers.

CJ reinstatement: congratulations to Sindhi community in North America

by Aziz Narejo, TX, USA
An epic struggle by lawyers, civil society activists and some political parties has finally succeeded and the government has been forced to reinstate the judges deposed by military dictator on 3rd November, 2007. SANA has been steadfastly supporting the reinstatement of the Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Choudhry and other judges. Our members have organized, supported and participated in several rallies in USA and Canada for the cause and we have been writing on various forums on the subject.
I congratulate SANA members on the reinstatement of the Chief Justice and other judges.