by Justice (retd) Fakhruddin G. Ebrahim
We are again faced with a judicial crisis – not a bonafide crisis but a crisis created for ulterior reasons.
Ostensibly the crisis is the elevation of chief justice for the Lahore High Court in the Supreme Court of Pakistan, the elevation of the next senior most judge Justice Saquib Nasir, as acting Chief Justice of Lahore High Court (a la Zia ul Haq style). Being of the view that more harm is done by ignoring seniority, which opens the door for exercise of discretion in principle, I am against seniority being ignored, particularly in judiciary.
My first reaction, therefore, was that the appointment of Chief Justice Lahore High Court to the Supreme Court and elevation of the next senior-most judge as Lahore High Court Chief Justice was justified. I had assumed that in accordance with the Article 177 of the constitution, these appointments were made by the president after consultation with the Chief Justice of Pakistan, and that the president was bound by such consultations.
Was the Chief Justice of Pakistan even consulted?
We are in such a sorry state of affairs where there is a denial whether such a consultation took place between the two highest functionaries of state. The president’s spokesperson asserts that the consultation took place and is denied vehemently by the honorable Chief Justice of Pakistan. There must be some documentary evidence to prove that such consultations took place. But much to our regret the people have been kept in the dark creating further controversy. With a poor credibility score of the government, the latter’s version will not be acceptable to the people.
Without consultation, these appointments, in contradiction to the binding recommendations of the Chief Justice of Pakistan remain invalid, being in violation of Article 177 of the Constitution. To my mind, this issue, which is so obvious and cannot possibly become controversial, has a reason for other reason, namely, the appointment of judges in the High Courts.
There are a large number of vacancies in all the High Courts which need to be filled on an urgent basis, in the interest of litigant public. There can be no controversy over the appointment of these judges. The government has, without cogent reason, evaded the issue of these appointments. The procedure for the appointment of judges is clear cut. The Chief Justice of the High Court, in order to fill up vacancies, first consults with his colleagues and invites advocates and/or members of the lower judiciary, with a view to obtain their consent to become a judge. Even if there is one seat vacant, the Chief Justice of the High Court recommends two or three names which are forwarded to the provincial government. The limited function of the provincial government is to ascertain the antecedent of the candidate, and along with any adverse material, but without any deletions or additions of names, forwards the list to the Ministry of Law, which, with its comments, further forwards it to the Prime Minister.
Then starts the process of consultation between the Chief Justice and the Prime Minister and if a candidate has the concurrence of both the Chief Justices (High Court and Supreme Court), such a person is elevated to become the judge of the High Court. It may be noticed that neither the President nor the Prime Minister has a right to add to, or subtract, from the list of proposed candidates.
This is obviously correct for two reasons – firstly, the Chief Justices know better the competency of the candidate secondly, this appointment is for an initial period of one year, to enable the Chief Justices to ascertain the ability and integrity of the judge. I will repeat that a candidate whose appointment is confirmed by both the chief justices is binding on the government. In exceptional cases, the PM may give his reasons for his disagreement and the same may be reviewed by the chief justices. But the primacy remains with both the chief justices.
To my mind, the immediate controversy regarding the notifications elevating Lahore High Court Chief Justice and his elevation to Supreme Court is directly related to the government’s reluctance to initiate the process of appointment of Lahore High Court’s judges nominated by its Chief Justice. Our past history, in matters of appointment of judges, has been chequered for it is public knowledge that the Executive has, more often than not, been interested in appointment of judges of its own choice, which in fact, seriously affects the independence of judiciary for the largest single litigant before the courts is the government.
We have fortunately evolved a procedure, which is not only fair and just, but, in public interest. In the four HCs large number of judges remain un-appointed for the last so many months only because of the undue obduracy and the expectation that the parliament will provide for another procedure for appointment of judges, to suit the executive.
In my humble opinion, the whole controversy must be resolved without further delay by appointing the judges in the HC in accordance with the Constitution. In so far as the elevation of the judge from the LHC to fill up permanent position from Punjab in the SC is concerned, it should not be a pretext for delaying the appointments of judges to the Lahore High Court. We are urgently required in larger public interest for immediate appointments of judges as the litigants are suffering for no fault on their part.
Justice (retd) Fakhruddin G. Ebrahim
Comments
90 responses to “Fakhruddin G. Ebrahim Comments about the Present Judicial Crisis”
I agree 100% with Fakher-ud -din G .Seniority removes all personal choice elements.
It means we would never have this crises of appointment again.
—
Real Issue is as under:
Read this news and draw conclusion! Govt offers Kayani two-year extension Sunday, February 14, 2010 By Absar Alam http://thenews.jang.com.pk/top_story_detail.asp?I…
Although, the DG ISI has already given his consent to accept the extension, the cases of General Kayani and Lt-Gen Mustafa are still pending. Knowledgeable sources claim that General Mustafa, who retires in October this year,
Mughal
If US want to keep them in this seat then, they dont need creating such mess.The issue is not very serious which could be resolved in better way but latif khosa and slaman taseer like establishment pawns have tricked this plan.
Zardari has no capability and courage to even touch the legal issues as he is afraid of Bhuttos's souls whom he is humiliating on daily basis. so US interests in Pakistan is taking very dangerous turns and it is extremely shameful to us that our military heads are just behaving the pets of white house so next few weeks are very critical in coming days as now US and army want to get rid of free judiciary and corrupt NRO team at all costs.
Both are teasing them in opposite ways, judiciary are interfering in serious cases like missing people and extreme corruption cases of Musharraf regimes in which NRO designing is on the top that was done by ISI and CIA.
Zardari and his team are just disposable political goons which become irritant after some use so these should be replaced with new face cover.
So things are more complicated then this report you mentioned.
is it my wrong perception or we are realy missing a sharp criticism against the govt likr we used to see in musharraf's time?
some thing is not right this time.
Jawwad Sahab,
Your hunch is correct because Lawyers do have mouths to feed.
Dear Jawwad Sahab,
Do keep in mind that Hafeez Pirzada who was opposing the NRO was one of the leading attorney in Zardari Cases. If you would go through the details of Cases and Parties these Lawyers [who run Judiciary Movement] have handled you would be amazed. Akram Sheikh daily appear on GEO TV for the sake of Judiciary and Rule of Law whereas he was General Aslam Beg's Lawyer in Mehran Bank Scandal Case [case is pending since 1996], Hafeez Pirzada was one of the beneficiary of Mehran Bank [The recipients included Khar two million, Hafeez Pirzada three million We never learn from history – 7
By Ardeshir Cowasjee August 12, 2007 Dawn]
At the over three-hour-long dinner meeting, the 35 senior lawyers, including four former presidents of the Supreme Court Bar Association (SCBA), Aitzaz Ahsan, Justice (retd) Tariq Mehmood, Ali Ahmed Kurd and Muneer A. Malik, were unanimous in their view that Barrister Ahsan still held sole authority to issue any protest calls or set any line of action, one of the participants told Dawn on condition of anonymity. Senior lawyers back Aitzaz Ahsan By Nasir Iqbal Thursday, 04 Feb, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-…
Lawyers divided over strike call By Nasir Iqbal Tuesday, 26 Jan, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-…
Earlier it was revealed that SCBA's Qazi Anwar was sentenced nine months in jail for possessing explosives in 1979, adding Lahore High Court curtailed his punishment; however, his charge was kept unchanged. BC approached for Qazi Anwar’s ineligibility Updated at: 1445 PST, Monday, February 01, 2010 http://www.thenews.com.pk/updates.asp?id=97613
Latest is as under: Monday, February 08, 2010, Safar 23, 1431 A.H http://www.jang.com.pk/jang/feb2010-daily/08-02-2…
’عدلیہ کی آزادی کے باوجود کچھ نہیں بدلا‘ http://www.bbc.co.uk/urdu/pakistan/2009/09/090907…
Monday, 7 September, 2009, 12:58 GMT 17:58 PST
@Awab….quite simple, give a call to Kurd to know truth, he is the person who wont sell himself and wont favor who is wrong! His honesty is above any doubt. What president did is perfectly constitutional. No arguments can make 'consultation' an alternate of recommendation….its simple English word…you consult so many people, doctors, lawyers…then make up your mind…none is binding!
Chief Justice wants to re write the constitution and we all know what will be the verdict of SC.
WHY?
Khawja Sharif was a councilor in Lahore Muncipal committee…his father a rich cloth merchant was a close friend of Mian Sharaif….he was eleveated as judge of high court by Nawaz…and Shahbaz wants him to be a Chief.
Chief Justice of Punjab is most powerful seat in Pakistan…say like CM Punjab. Going to SC means you are an ordinary judge.
Now let the constitution be screwed once again by Iftakhar Chaudhary….same person who gave powers to Musharaf to amend constitution and contest elections in uniform…decleared Nawaz brothers corrupt and security risk in Zafar Ali Shah case//….
If you remember we worked togather for his restoration thinking he is a 'changed' person? He is back in game. Enjoy it, soon you will be fighting for democracy once again. We are cheated again.
Only issue is appointment of judges in Lahore High Court….the allegation are being raised that incompetent political people are being recomended who relate to certain law chambers charging 3 crores in legal fees for each case. Thats why Khawja Sharif is needed in Punjab.
Should not we leave our political affiliations aside for sake of this country for once? Zardari might be bad or got bad name…..where do we stand? Are we different from him? We are supporting something which is going to have great impact on our future. The judges….whose judges! My judges, your judges is the crux!
Should not we leave our political affiliations aside for sake of this country for once?
______________________________________________________
unfortunately justice khawaja shareef is politically affiliated in a bizarre way. i read one of his interview in which he admitted openly his liking for nawaz shareef.
i believe that advice of Ali ahmed kurd was just right…
i don't know why but i am unable to feel the essence of principals and morals in this war of institutions.
عدلیہ انتظامیہ جھگڑے میں نیا موڑ
رفاقت علی
بی بی سی اردو ڈاٹ کام، لندن
آخری وقت اشاعت: اتوار, 14 فروری, 2010, 22:17 GMT 03:17 PST
http://www.bbc.co.uk/urdu/pakistan/2010/02/100213…
سپریم کورٹ نے خود کئی بار ججز کیس کی دھجیاں بکھیریں اور ایک بار
تو لاہور ہائی کے ایک ایسے جج کو سپریم کورٹ میں تعینات کر دیا جن کا ہائی کورٹ میں ججوں کی سینارٹی لسٹ پر سولہواں نمبر تھا۔ جب سپریم کورٹ میں ججز کیسز کی واضح خلاف ورزی کو چیلنج کیا گیا تو سپریم کورٹ نے حکم صادر کیا کہ وہ کسی جج کو سپریم کورٹ کا جج بنا سکتی ہے۔ ججوں کی تعیناتی کے سلسلے میں سپریم کورٹ نے اپنی ضرورت کےمطابق کئی متضاد فیصلے صارد کر رکھے ہیں اور شاید موجودہ سپریم کورٹ کو بھی ’پی سی او سپریم کورٹ‘ کےایک فیصلے کا بھی سہارا لینا پڑے گا جس کے تحت صدر کے اس اختیار کو مانا گیا تھا کہ وہ ہائی کورٹ کے سینئر جج کو سپریم کورٹ میں تعینات کر سکتا ہے۔
چیف جسٹس آف پاکستان جسٹس افتخار محمد چودھری جسٹس خواجہ شریف کو لاہور ہائی کورٹ کا چیف جسٹس رکھنے پر کیوں بضد ہیں اس کا کسی کو علم نہیں ہے۔ جسٹس خواجہ شریف کو میاں نواز شریف کے دور حکومت میں لاہور ہائی کورٹ کا جج مقرر کیا گیا تھا۔
لاہور ہائی کے سینئر جج جسٹس میاں ثاقب نثار کو بھی نواز شریف دور میں ہائی کورٹ کا جج مقرر کیا گیا۔ جسٹس ثاقب نثار میاں نواز شریف دور کے وزیرِ قانون خالد انور کے جونیئر تھے اور اسی دور حکومت میں انہوں نے سیکرٹری قانون کا قلمدان بھی سنبھالے رکھا۔
Dear Jawwad Sahab,
Crucial History of Appointment of Judges Case is under:
Appointment of Judges: History 1993 – 1997.
http://chagataikhan.blogspot.com/2010/01/appointm…
Saqib Nisar and Khalid Anwer [PML-N]
NRO: Kamran Khan & Dirty Role of Barrister Khalid Anwer. http://chagataikhan.blogspot.com/2010/01/nro-kamr…
Dr Khan
Let we leave our political affiliations for some time then answer me
Do it would increase the credibility level of Zardaris as a fair president?
If Khwaja sharif is praising Sharif then it is a sin as human being?
His son is married to daughter of owner Ishaq nursery who is left hand of chaudry's Q league in lahore building mafia. In lahore the main buildings which are collapsing under court orders , many of them belong to chaudry's and his close friends but he least bothered about them even in has last tenure at Musharraf time.
Dont look for angels in cities of devils.The practical person can commit mistakes as he is all time busy in doing his job .
There are lot of other jobs zardari can do for sake of his country or for saving his sinking repute, specially towards flood of cases of corruption under his selected team in the departments like cricket, steel mill, PIA, Rental power plant etc. His action shows, he wants to create turbulence toward people's interests and in this game his only hurdle is Supreme court.So as he is big gambler so he is again trying his luck by taking such wild card step.
So give people who have developed guilt in their previous acts, 2nd and then 3rd chance in the line of duty so that they could take smooth take off for successful flight.
Dont compare zardari with any judge who first resisted a general and now standing against international criminals and notorious politicians.
YOU know why you are unable to feel the essence of principals and morals as you don't believe on reality and real issues.
We all discard the acceptance of failures happening around us because of our behavior and mistakes.First we select the wrong attitude , make it standard and then want to stick to it without over viewing that we should give space to good change around us on backward mode of previous trends.
So give space and place to these judges as they are taking new turns for welfare of public only.
Dont compare zardari with any judge who first resisted a general and now standing against international criminals and notorious politicians. [Nazia says: February 14, 2010 at 10:21 pm]
========================
Dear Ms. Nazia,
May I ask when did the Judges resist Generals, history is as under: Writing of history or triumph of amnesia? Friday, August 07, 2009 By Ayaz Amir http://www.thenews.com.pk/print1.asp?id=191800
That was the mother of all sins. So how strange and dripping with irony this omission: about that seminal event, which set in train all the sorrows the nation was to reap thereafter, their lordships in their “historic” judgment have nothing to say. For this of course we must understand the problems of the past. For in 2000, a few months after the mother of all sins, when this matter came before the then Supreme Court headed by Chief Justice Irshad Hasan Khan, the nation witnessed another of those electrifying performances which have made “the doctrine of necessity” so famous in our land, the Supreme Court validating Musharraf’s coup and, what’s more, allowing him a grace period of three years to hold elections. In its generosity, it also gave Musharraf the authority to amend the Constitution for purposes of holding elections.
So just as the Anwarul Haq Supreme Court gave a clean chit to General Ziaul Haq’s coup of 1977, another Supreme Court signed a papal bull conferring legitimacy on another illegitimate offspring of our political adventures. Now for an inconvenient fact. On the bench headed by Chief Justice Irshad Hasan Khan there sat an up-and-coming jurist, stern of eye and distinguished of look, by the name of Iftikhar Muhammad Chaudhry. Yes, he was among the illustrious upholders of the law and the Constitution who bathed Musharraf and his generals in holy water.
Dont compare zardari with any judge who first resisted a general and now standing against international criminals and notorious politicians. [Nazia says: February 14, 2010 at 10:21 pm]
====================
Dear Ms. Nazia,
May I ask when did the Judges resist Generals, history is as under: The road to hell — and similar destinations
Islamabad diary Friday, January 01, 2010 Ayaz Amir http://thenews.com.pk/daily_detail.asp?id=216323
Talking of Musharraf's military rule, what was the role of our present lordships when Triple One Brigade, our highest constitutional authority, reinterpreted the Constitution once again on the long afternoon of Oct 12, 1999? A few judges — Chief Justice Saiduzzaman Siddiqui comes to mind — did not take oath under the Provisional Constitution Order (PCO) issued two months later. But if imperfect memory serves, all of their present lordships, at one time or the other, took oath under the PCO. Not only that, some of them were on the bench which validated Musharraf's takeover. A few, including My Lord the Chief Justice, were on the bench which validated Musharraf's takeover for the second time in the Zafar Ali Shah case (2005). Of course, we must let bygones be bygones and deal with the present. But then this principle should be for everyone. We should not be raising monuments to selective memory or selective condemnation. If the PCO of 2007 was such a bad idea, in what category should we place the PCO of 2000? And if in this Turkish bath all are like the emperor without his clothes, the least this should inculcate is a sense of humility.
Nazia says: – February 14, 2010 at 10:40 pm Mughal so next few weeks are very critical in coming days as now US and army want to get rid of free judiciary and corrupt NRO team at all costs.
======================
Dear Ms Nazia,
Supporting Corrupt Regimes is no problem for the USA OR For the Pak Army [remember Mehran Gate], Historical Record is as under:
US Vice President Joe Biden & 'Non Functioning' Democarcy in Pakistan – 1
http://chagataikhan.blogspot.com/2010/02/us-vice-…
US Vice President Joe Biden & 'Non Functioning' Democarcy in Pakistan – 2
http://chagataikhan.blogspot.com/2010/02/us-vice-…
US Vice President Joe Biden & 'Non Functioning' Democarcy in Pakistan – 3
http://chagataikhan.blogspot.com/2010/02/us-vice-…
Mughal
My support to judiciary started just near the year 2005.You are taking me to history which we all know is one sided and shamefully explained under power of gun.
I am just supporting this nascent bud of judiciary without considering its dark past.My support is based on my personal observations which I conceived in long march events. You didn't read my point of view that I want to give them space and opportunity to bring some change in our lawless society which I strongly feel is urgent need of time.
I cant trust army any more under corrupt kiyani regime where no way standard of corruption and unprofessional tactics shows any improvement in the performance of past.
They are killing the self breed ants with hammer so what is going to praise in swat and waziristan operation.
Such forceful actions have concreted our growing anger that what ever designed in west as per their requirement,it would be implemented here through our army wihtout seeing demand of land and locals.
Now come to issue of weak judges;
What you consider a judge in our society?
Are you aware how these judges are selected on lower and higher courts?.
Do you know how much threats are given to unarmed judges by strong groups, civilian and army agencies and even criminals take no time to kill them if desirable results are not achieved.
Are you aware of quality of working area and working conditions of lower court judges.
Can you compare the importance of power of pen Vs power of gun in our highly polarized society.
So my point is simple that we shouldn't accept the miracles from weak humans who are just selected on level of judiciary for their docile, submissive and some time due to their corrupt nature.Political groups and Generals had never given any space to our judiciary to develop as strong pillar of state.So they time to time infected it through their ways by induction their representatives in this sacred but scared institutions for getting desirable results.
So enjoy and support the power of pen which is a civilized way of bringing change in a degraded society over the actions of typical goons of our culture.
What is going on political scenario here.
Yesterday's hawk of PPP pirzada was seen helping a military dictator in corruption cases.
PPP two times took the reign of governments by making deals with army establishment who is fully responsible of legal murders of Bhuttos.
Latif khosa and Babar awan who were found abusing Benazir in public forums are now representatives of law and order from PPP side.
The most corrupt political icons are now running state affairs.
So all is fair in power politics in our country therefor don't curse the judiciary which first time able to get the support of common people behind them.
They all are risking their lives while working and living in dangerous environment and trying best to prevail power of law in our culture.
Cut pastia…don't you have an indigenous position? Always linking to a useless blog!
That is because I like to provide source/news/reference for whatever I argue for.
Okay guys, keeping my tradition of talking straight and blunt , here is the complete picture
– Zardari wants to save his a** at any cost, his action plan being to get the retard jiyalas on street in the name of "saving democratic a**" so as to put pressure on CJP + ARMY to back off.
– CJP wants to continue following rule of LAW and he knows he has to get the thief IN but for that he needs to be tactful, because, ARMY (keeping its history of supporting thieves more than any principle ) might shift onto zardari PLUS zardari might declare emergency or take some stupid step, therefor CJP doesn't want to give him any chance and is going slow one step at one time. He is confident about the people backing him and the media and his own men backing him.
PLUS he hopes the ARMY does not show its ugly a** this time.
-KIYANI is sick and tired of zardari and his AMERICAN slavery but since MUSH has given so much bad name to ARMY , kiyan does not want to be seen as another ZIA. He wants the elimination of ZARDARI thought legal means without chaos in country. He is also in a difficulty because its his GANG (army) which brokered the deal between BB and MUSH 🙂
– media is enjoying the show
He is also in a difficulty because its his GANG (army) which brokered the deal between BB and MUSH :)[[MB]
=============
Correct 200%
Intelligence (ISI) chief Lt-Gen Ashfaq Parvez Kayani, Chaudhry Shujaat Hussain and Chaudhry Pervaiz Elahi played varying roles, an aide of the then president told The News on condition of anonymity. He said that these actors gave their inputs at different stages in the process of finalising the NRO. REFERENCE: The many other players of NRO saga Thursday, October 22, 2009 By Tariq Butt http://www.thenews.com.pk/daily_detail.asp?id=204…
Interestingly, General Kayani was the only senior officer present with President Pervez Musharraf when he had the historic meeting with Benazir Bhutto at the Musharraf palace in the suburbs of Abu Dhabi in July this year. Then he was the director general inter-services intelligence (ISI). General Kayani also took part in the interactions and deliberations with different political leaders, including Benazir Bhutto, for quite sometime till his promotion as the four-star general. The meeting at the Presidency was also attended by the prime intelligence agencies and other heads of the law-enforcement agencies. The initial report that was submitted to the high-level meeting disclosed that Benazir Bhutto was hit by the ball bearings of the suicide bomber’s jacket that hit and cut her jugular vain. REFERENCE: It was not a bullet, president told at high-level meeting Friday, December 28, 2007 http://www.thenews.com.pk/print3.asp?id=11928
Zardari has already thrown some bones at Kiyani/ARMY
http://thenews.jang.com.pk/top_story_detail.asp?I…
I say, keep an eye on this man, SHUJA PASHA
ISI is the key
Musharraf recalls in his memoir, “In the Line of Fire.” Within months Kiyani had unraveled the two plots and arrested most of the participants. He was rewarded in 2004 with a promotion to chief of ISI, and the next year his agency scored big with the arrest of Abu Faraj al-Libbi, the senior Qaeda lieutenant who masterminded the attempts on Musharraf’s life. A former U.S. intelligence official who dealt personally with Kiyani says the ISI “took a lot of bad guys down” under his leadership. Kiyani has earned his boss’s confidence, even serving as Musharraf’s personal envoy in recent talks with exiled opposition leader Benazir Bhutto. A former U.S. intelligence official who dealt personally with Kiyani says the ISI “took a lot of bad guys down” under his leadership. Kiyani has earned his boss’s confidence, even serving as Musharraf’s personal envoy in recent talks with exiled opposition leader Benazir Bhutto. REFERENCE: The Next Musharraf A Westernized, chain-smoking spy could soon become the most powerful man in Pakistan. By Ron Moreau and Zahid Hussain NEWSWEEK From the magazine issue dated Oct 8, 2007 http://www.newsweek.com/id/41883
MB:)
Seeing and Predicting too much in nothing!
Earlier meeting of Shahbaz was misreported as well, there was permission.
‘Kayani met Nisar with president, PM permission’: Mukhtar Tuesday November 24, 2009 (1203 PST)
http://www.paktribune.com/news/index.shtml?221700
General Kayani prevented Zardari’s removal during long march: Rashid Friday, November 13, 2009 http://www.dailytimes.com.pk/default.asp?page=200…
‘Kayani met Nisar with president, PM permission’ Tuesday, November 24, 2009 By Muhammad Anis http://www.thenews.com.pk/top_story_detail.asp?Id…
Chaudhry Court sahab, take over the country; through a "judicial coup" and surprise Kayani uncle !
PAKISTAN: International Commission of Jurists http://www.icj.org/IMG/pdf/pakistan.pdf
The independence of the judiciary was largely undermined by the order by General Musharraf in January 2000 that Pakistani judges take a fresh oath of loyalty to his administration. In May 2000, the Supreme Court, reconstituted after the dismissal of six judges who refused the oath, upheld General Musharraf’s military coup of 1999, under the doctrine of state necessity. Pakistan is a constitutional republic. On 15 October 1999, the Government promulgated the Provisional Constitution Order, (PCO), No.1 of 1999, overriding the 1973 Constitution of the Islamic Republic of Pakistan, previously suspended following the 12 October 1999 military coup led by General Pervez Musharraf. The PCO provided for the suspension of the National Assembly, the Provincial Assemblies and the Senate and mandated General Musharraf to serve as the new Chief Executive.
On 20 June 2001, General Musharraf became President of Pakistan after dismissing the incumbent President, Muhammad Rafiq Tarar. On 12 May 2000, the Supreme Court validated the October 1999 coup under the doctrine of state necessity. However, the Court ordered that the Government hold national and provincial elections by 12 October 2002. In response, President Musharraf presented a four-phase programme aimed at returning the country to democratic rule, with local elections to be held from December 2000 until August 2001. Subsequently, a series of local elections were held in December 2000, March 2001, May 2001 and July-August 2001. However, political parties were prohibited from participating in the contests and party leaders were disqualified from holding political office.
CJ should have had the decency of not constituting a bench at night and the bench asks the AGP to appear who happens to be in Karachi and declaring it a matter of "urgency" passes a judgment in haste.
Even if his position is constitutionally right, he should have taken things with more caution and not created a sensational mess.
And then, why not respect seniority ?
Nazia says: February 15, 2010 at 10:22 am Mughal Now come to issue of weak judges; What you consider a judge in our society? Are you aware how these judges are selected on lower and higher courts?.
================================
Dear Ms. Nazia,
If we all [all those members who participate in debate on this forum] get lucky and have a gathering then I will tell you how they are "selected" and you don't want to know. One Glimpse of several Judges of High Court [during Martial Law of Musharraf]
"QUOTE"
"Yaar Ehtisab Bench mein Posting Nahi Hosakti" [can I be posted in Accountability Bench]
"Yaar Falana Bara Rashi Hai" [that one is quite corrupt]
"Yaar Is bench say naam hatwado" [please "arrange" my transfer from that bench]
"UNQUOTE"
Don't forget the role Saeeduz Zaman played during Judicial Crisis in 1997/98 and also don't forget how Quetta/Peshawar/Lahore/Karachi Registries were "fixed" during those days.
The detailed verdict of NRO carried references from Ghazali and Rumi, these Judges should have read the life history of Imam Malik and Imam Abu Haneefa [May Allah have mercy on their souls] because they never issued Fatwa in favour of Rulers and preferred to be flogged and imprisonment [Imam Malik was beaten so mercilessly that one of his arm was broken but he never budged]
I just want to ask that where was the Integrity when Judges were allowing/legalizing Martial Law in 2000 and then again 2005 and in 2010 those very Judges are talking about Sadiq and Ameen???? Why didn't they resigned en masse when Musharraf elevated them from High Courts to Supreme Court to legalize Martial Law.
“judge not lest ye be judged"
Mughal
You think I am unaware of secrets of my culture.
No it is not like that.
I am well informed the depth of success of weak people whom you are discussing here.
-I know heavy bribes are used to get the positions.
-People offers their wives and siblings to relevant persons for getting short cuts in the professional lives.
-People make anti national and anti professional decisions for getting rise in their line of duty.
-Sometimes a simple wine bottle is used to affect the decision and it was even happened in strict zia regime.
This thing is passing on in our culture since the time of creation of Pakistan.
I personally know two big judges family who were the top opportunist at the time of creation of Paksitan.Both families have family chain of judges/top lawyers since the time of British rule and when Pakistan was announced they transferred worth of property on their name.
Interesting thing to be noted that this illegitimate use of power and transfer of property had snatched all kind of happiness from their family tree.One family tree has been broken down as a bad race and now strangers are enjoying their properties and wealth.
Another popular family of lahore ,previously I was very impressed by their simple way of living and education standard, but then I come to know that their grand father an ex CJP had allocated many precious lands and houses at the time of partition, are facing wrath of nature by different ways which is very lesson learning for people like me.
So I just give you two live examples that I am even well aware of inside stories of people.
The historical facts which you mentioned is not part of our corrupt society nor it is included in our syllabus so that people don't get motivation from such characters.
You know very well that our last generation and we all are victims of reading distorted history where either we are brain washed by hate for our opponents or by distorted facts.
So how can you think people can idealize such Imam malik like judges.
So in this weak culture do you not think that chaudry Ifitkhar and his friend did something different.
And what they have taken stand, they are still on their words and line of action.
They could have realized this thing after their retirement as others did but the stood against one of strongest mafia of Pakistan and this I always say is our army mafia.
They are not doing ordinary jobs while keeping this office of judiciary .
Zardari was never an issue for people of Paksitan but it is our gini of army who revived this evil back to action and now that evil is becoming monster for them too.This way they are turning the direction of monster toward judiciary and trying to prove to be innocent in all this matter.
They are trying one arrow for two targets and if shairf is also hit by this arrow of law then they might be successful to ascertain the nation that democracy is just a revenge for people of Pakistan and nothing more than it.
LOL:) I got it. That family of Lawyers/Judges owns a lot in Karachi's Real Estate and one of the member of this Family is nowadays "a show piece for GEO TV".
Dear Ms. Nazia and Friends,
Judicial History for your kind perusal: Judicial Jitters in Pakistan – A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-ji…
“QUOTE”
Very few people know that it was “traitor”Akbar Bugti who appointed Justice Iftikhar Muhammad Chaudhry as the advocate general of Baluchistan in 1988 after becoming chief minister of the province. Later on, Chaudhry was made judge of the Baluchistan High Court and then the Supreme Court. Published On: 2008-04-28 Editorial A real test coming for new democracy in Pakistan Hamid Mir http://www.thedailystar.net/story.php?nid=34023
“UNQUOTE”
@Amir mughal!!!
the history of pakistani judiciary is not remarkable. We are not proud of it. This judiciary invented a doctrine of neccessity and opened the doors of lawlessness,military adventurism and corruption. they form a nexus and provided an umbrella of constitution to every dictator.no one can deny that. this is also an undeniable fact that CJ iftikhar chohadry also helped gen pervez musharraf by taking oath under PCO. BUT… one should not forget the turn of history.
When CJ start acting against balatant corruption and resisted the Army chief which gave birth to the remarkable movement against the dictator. this was a U turn of the history. judiciary rightfully played a roll against unconstitutional and criminal activity of ruling elite and the judiciary along with lawyers,civil right and political elements joined that movement.
like many others i also believe that CJ is not an angel but he atoned by facing all kinds pressure from a dictator who make him to spend many months in confinement and isolation. this is not some thing which could easily be negated.
my concern is the image and reputation of the judiciary not the legalities of the disputed issues.
i believe that supreme court should avoid the " knee jerk " response.it is against the norms and decency related with the judiciary all over the world.
my concern is the image and reputation of the judiciary not the legalities of the disputed issues. i believe that supreme court should avoid the ” knee jerk ” response.it is against the norms and decency related with the judiciary all over the world. dr jawwad khan says: February 15, 2010 at 6:05 pm
========================
Fully Agreed.
Mughal
if we go to depth of any job specially linked with political interests , then you find connection and links behind selection rather than criteria of any merit .
Judges' job is strongly linked with establishment and political interests as per standard of British system which we inherited with our slavery attitude.
We all are part of this system and highly unaware of moral standards of nature of job .You would have felt this deficiency in persons who even are selected for critical jobs in government level.
In this country if our ex COAS has accepted on media that he did unconstitutionally just for sake of country then what is left for others who are all time ready to opt this with out any delay.
What would you say and select a punishment for that captain and major who had entered into Supreme court building on Nov 2007 to suspend the judges of supreme court .All was done under the verbal order of their seniors.I wish I could ask them that whether they knew the ranking of CJP in our system of governance.
I am sure their answer would have been more humors than possessing any kind of knowledge regarding position of thesejudges.
So people are left ignorant and void so that can be used like pawns and robots by corrupt bosses.
It is very easy to behave like King's man and get all opportunity of rise but as soon as you show some kind of resistance against tyrannical attitude, circumstances become harsh and hard for the persons on duty.
So I think chaudry Ifitkhar and his team has accepted this resistance since the time of Musharf and being continued it as such in zardari tenure.
They look prepared for paying the prices of their sins of past under their changed faith.
Nobody can dare to point fingers on pure judges like fakhurdin, saeed uzman and wajeeh din but they were unable to deliver their principle of resistance to common people.
Ch ifitkhar luckily got this chance and he risked his all career and his family life for stand against military establishment.
That made him different than other judges.
That is why he is praised by all these icons of judiciary all the time
So give him a little space for such a action which is now foundation stone for a new Pakistan where rule of law is under consideration to take its first and careful flight.
Only Fakhruddin G Ebrahim, M R Kayani, Wajihuddin's Father [i think Wahiduddin] and Dorab Patel are worth following. Saeeduz Zaman is as under: NRO & Dirty Role of Justice (R) Saeed uz Zaman Siddiqui. http://chagataikhan.blogspot.com/2010/01/nro-dirt…
Pakistan main Jumhuriat ku Jamhuriat waloun sai khatra hai.
————-
Jumhuriat tairai jannisaar Iftakhar Chaudhry aur Nawaz.
——–
Zardari may have corruption charges but still he is the head of the state.
———
Secondly did Chief Justice discussed this issue of appointment over the phone with Zardari.
—
This is how Democracy work only 2 min:Sir I am sending these for recommendation do you approve .
No sir I think it will be unfair.
OK sir what about the medium way one person on your recommendation and one on mine?
CHIEF JUSTICE should have sorted this out before sending the
recommendation.
—–
People are still not mentally prepared to handle judiciary with care after big blow to a dictator.
Ch ifitkhar has gone above than any fear after facing the worst kind of resistance which had touched height in Musharraf era as a senior most officer of state.
So before making" Panga" with him one should think thousand time before executing orders under CJ parameter.
Or zardari has lot of plans to create such mess for covering up his other criminal weaknesses.You see since Saturday all media channels have diverted from real issues of public.
Mr Zardari is now in real trouble. He is trying to save his skin and illegal wealth from Law & Justice where as Law has reached at his door to punish him for the crimes he has done.
Quershi
Zardari is synonymous alternative of trouble.
As long as he is single he was known as problem child for his parents.
Pattero college offcialy decalred him problematic student.
When become husband, he was considered as first problematic husband of state for our ex PM.
As a father he was declared criminal/murderer and spend his time as problematic prisoner.
During his two years tenure as president zardari has gotten all more than his expectation. No way he is afraid of this judiciary as long Musharraf team is here who brought him her with NRO parachute through paragliding directly into President house.
I think he is doing something else and it is creating pressure on SC to give SOS call to army.This way army retained her supremacy on Judges which they lost in Musharraf tenure and this way he might got more years in interim govt under military regime which seems to be more in equation with him then this choon choon ka maraba.
That is likely. Uniformed Mandarins don't like to be pushed around by Court Registrars.
Yes i agree with Amir Mughal
Mughal
Yes these judges and registrars have already broken the fear factor of khakis so they are still in mode of revenge for last 3 years to bring SC again under their domain.
In last mess recently started from President house ,watch carefully only political characters have lost their credibility among masses and in this way military establishment has judged the intensity of lawyers unification and people's reaction toward attack on judiciary.
You know better than me that such tricky moves are designed and cast in social circles by intelligence agencies to see the mood of general public.
So I think Kiyani and US before taking extension of 2 more years along with extension of war on terror , is trying to read the public mood through such acts.
Zardari is nothing just a balloonist who is fixed in president house by military establishment to create such political airy balloons which burst on people when temperature is high and this way your brown mandarins judge the frame of mind of people.
If they feel that environment is conducive for their arrival , they take no time to conquer their own people as valor and savior of nation.
Transparency is need in every domain of government. A recent new item published in daily times reveals that the Supreme Court has not submitted/shared its accounts to the public accounts committee, on the pretext that it has internal audit systems. The law should be uniform for all and the custodians of law are no exception!
@nazia…..hummmmm that is the opinion.
i don't know whether it is true or not but people say that decades ago an atheist from soviet union who was on his official visit for pakistan said:"after coming pakistan, i started to believe in God."
people asked: "why? what happened"
He said: "pakistan is an american ally but every one who meet me, tries to convince me that he is with soviet union.so i concluded that there is some greater and powerful force which kept pakistan survived.otherwise it would be fragmentated by now"
isn't irony that the defenders of pakistan, ruling elite and higher state functionaries are all suspicious of working for a super power against the interest of their own country? even bigger irony is that it doesn't bother a common pakistani.
constitution and democracy we can die debating them but where do we bring the people who obey the rules.
———-
Everyone has top allotment …sometimes it is general sometimes the president and sometimes the prime minister …sometimes the Chief Justice….constitution is an excuse for them to rule anyway this disgusting way of running the office runs in Pakistan from Top to bottom …a peon comes in office saying I am the peon appointed by the minister
—
Dr khan
we heard this joke in our college life and then enjoyed it but in professional life we actually felt its reality.
The driving forces in Pakistan are hardworking of its skilled labors, farmers and private sector who normally work 12 to 16 hours and greed of ruling elite and state functionary.
I strongly believe that subcontinent soil is naturally rich in manpower, green pastures and water and natural resources .Those are feature of interests for rich groups and powerful invaders since many centuries.
As far as survival is concerned somalia, nigera and sierra leone countries are also existing with record of failures.
So it actually matter how you recognized in the world.Our stand for national dignity, civilian living , working conditions and efficiency of government are quality parameters of running state and performance wise in all we should consider us in category of failed state.
As military is throughout dominant as monarchical way in our system so blame of being failed state is put in her accounts.This institution which should only represent 0.001% of population has become main eater of all resources.So difference is obvious and that is why literate class is rebelling against such extreme imbalance of resources toward particular class.
Just think what is use of billion dollar investment on nuclear war heads, Missile system, heavy tanks, fighter planes, modern submarines etc, in this war which is being continued in our soil for last 6 years, we even never touched it.
So behind all such arms deals and huge developments programs, it is greed of military establishment and ruling elite that make the merry round and round and you people say we are surviving even in worst.
Sadia
who is going to set and implement transparency procedures.
In our state the police . law enforcing agencies and accountability institutions in Pakistan are more obscure in their repute and performance so how can they bring transparency in our system?
Wrong 100%.
Justice (Retd) Fakhruddin G. Ebrahim says, "It may be noticed that neither the President nor the Prime Minister has a right to add to, or subtract, from the list of proposed candidates."
With due respect to the Justice, his statement is incorrect.
Article 177 clearly states that the authority to appoint judges to the Supreme Court belongs to the President. The President is required to "consult" with the Chief Justice, but the rest of the honorable Justice Ebrahim's remarks are not found in the Constitution. Nowhere does the Constitution provide that Justices confer together to present a menu for the President to choose from. This is nonsense.
Justice (Retd) Fakhruddin G. Ebrahim is certainly entitled to his opinion that "This is obviously correct for two reasons – firstly, the Chief Justices know better the competency of the candidate secondly, this appointment is for an initial period of one year, to enable the Chief Justices to ascertain the ability and integrity of the judge." But this is his opinion only. It is not in the Constitution and is not binding on anyone.
If Justice (Retd) Fakhruddin G. Ebrahim truly has the larger public interest in mind, he will refer to the Constitution as it is written, and not how he wishes it were.
Imran
I am not a law master but can follow the words of people who spent all their lives under umbrella of legalism.
So as you interpret Article 177 clearly states that the authority to appoint judges to the Supreme Court belongs to the President.
Now you can compare your statement with law professional from authentic resources.
The Lahore High Court Bar Association has strongly condemned the illegal and unconstitutional notifications issued by President Asif Ali Zardari elevating LHC Chief Justice Khawaja Sharif as Judge of the Supreme Court of Pakistan and appointing Justice Saqib as acting chief justice of the Lahore High Court.
In a statement issued on Monday, LHCBA President Nasira Javed said the Bar fully supports the refusals by LHC Chief Justice Khawaja Sharif and Justice Saqib to take oath on the invalid notifications issued by President Asif Ali Zardari which are not in accordance with Article 177 of the Constitution. The said article mandates that a judge of the Supreme Court ‘shall be appointed by the President after consultation with the Chief Justice (of Pakistan)’. Under Article 196 of the constitution, acting chief justice of a high court shall be appointed by the president ‘When the chief justice of a high court is absent or is unable to perform the functions of his office.” While Khawaja Sharif is performing his functions as the LHC chief justice, the president cannot appoint an acting chief justice.
She said the notifications issued by President Zardari are void ab initio and of no legal effect. Furthermore, non-compliance of the above-cited provisions of the constitution amounts to negation of oath of office by the president in which he has solemnly sworn that he will discharge his duties and perform his functions ‘faithfully in accordance with the Constitution of the Islamic Republic of Pakistan.’
Even otherwise non-compliance of the mandatory provisions of the Constitution would amount to contravention of Article 5 of the Constitution which provides ‘Obedience to the constitution and the law is the inviolable obligation of every citizen of Pakistan.’
Article 6 further provides ‘any person who attempts to subvert the Constitution by unconstitutional means shall be guilty of high treason”
Nazia,
Your argument falls apart immediately where it says that the notifications issued by President Zardari are not in accordance with Article 177. Already I have shown in my first comment this is not true. So, the rest of your argument is also invalid.
But that is not the only problem in your comments. Here is what Article 196 actually says:
196. Acting Chief Justice.
At any time when-
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to any other cause,
the President shall appoint [176] [one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court], to act as Chief Justice.
Obviously Justice Saqib was notified as Acting Chief Justice on the condition that Khawaja Sharif would promote to the SC. If Zardari appoints Sharif to SC then the CJ of LHC becomes vacant and according to Article 196(a) the President HAS TO NOTIFY SOMEONE.
Now, let's consider what would happen if President Zardari notified Khawaja Sharif of promotion to SC and did not notify anyone of becoming Acting Chief Justice of LHC. Then same people would be screaming bloody murder about how the President is derelict in his duty by not appointing a Chief Justice for LHC as is required by Article 196(a)!
As for trying to quote Article 5 as saying President Zardari was disobedient to the constitution, this is only less silly than your trying to quote Article 6 to say that his appointing judges WHICH IS HIS DUTY IN THE CONSTITUTION is treason.
People need to stop trying to misuse the law to try to topple the government. That is the real treason.
I am sorry but this makes no sense at all logically and is only the type of argument made by bitter people who are either not knowing about what they are talking about or perhaps trying to make some Coup by Judiciary.
Quote “Sadia
who is going to set and implement transparency procedures.
In our state the police. Law enforcing agencies and accountability institutions in Pakistan are more obscure in their repute and performance so how can they bring transparency in our system?”
@Nazia! The will for reforms will come from the political leadership if the right amount of public pressure is mounted to ensure transparency. Civil societies watch dogs need to be vigilant and given the presence of a vibrant judiciary we can ensure transparency in many areas of public development for starters.
When Musharraf and Generals enforced Martial Law on 12 Oct 1999 they created a department called National Accountability Bureau and one of the most important prosecutor [a lady lawyer] was appointed on a key post in NAB. Guess what! Before Martial Law she was defending one of the accused under arrest since 1996 [when the second government of PPP was dismissed] and after 12 Oct 1999 the same Prosecutor was leading NAB against the same. I wont any name but many leading Lawyers of Free Judiciary Movement [not the Lahore wala] were very close to her. Not only that Former CJ SC Mr Saeeduz Zaman was also very "close" to her.
This is the reality of "Accountability Bureau of Musharraf, Ehtisab Bureau of Nawaz Sharif, Ehtisab Commission of Leghari and Justice [R] Ghulam Mujjaddid Mirza and Corruption References filed by Ghulam Ishaq Khan [he within two years accepted Zardari as Caretaker Fed. Minister (message was delivered by Roedad Khan – the Anti NRO Chap) after filing the reference against him], GIK and his Roedad Khan saw to it [between 1990 – 1993] that Cases against BB/AAZ are handled properly and they get bail regularly [what was the purpose to file reference when you have accepted AAZ as Minister]
Imran
I have clearly mentioned that I am not expert in law but giving you version of strong lawyer community.
If you think that 70 year old Nasira javiad who had spent more than 40 years in this field is not interpreting the language of law properly then kindly try to deliver your message to her .His followers in LHCBA are also expert of this complicated game.
Now from civilian point of view if President is all in all as you thinking for judical decision than what is purpose of summary of selection of each head of Department if all matters should be in hands of president.
Actually ,reality behind all this mess is zardari who as head of state has left no credibility of honest and fair selection even in his political field where he hired the most notorious and corrupt characters in govt and advisory services .
This particular wrong and unjustified interference in the institution of judiciary is being considered as his political stunt which he might be doing under the orders of military establishment to check the reaction of public and law hawks.
Sadia
we don't make and accept leaders from grass root level but plant in military nurseries.
So as long as aliens like Moeen quershi, shaukat aziz, shaukat tareen,etc like characters come and go in our political scenario, no proper transparent procedure can be regularized in our system.
You know in loan defaulters matters not only accountability institutions but our state bank whole machinery is involved so check the financial status of all EX governors of state bank and you would know the point I am trying to hint you.
As long NRO like deals would be made in Our ISI offices no big rotten fish can be grilled for state welfare.
Imran
After hearing latest updates you might come to conclusion that
Real boss is always right.
So fake characters should avoid Panga with genuine people.
Original personalities has prowess of behaving like heroic character whether people think him sheep.Fake and hidden characters/identities, no matter roar or behave like lion of jungle but cant dare to enter in the cordoned premises of law.
You are watching the power of law is becoming dominant on illegitimate desires of ruling group.
CJP has no arms power, no gangy nature, a very docile but resilient personality which is only limited to his working domain. but he third time won his case against powerful general and NRO protected President.
Chief Justice of Pakistan goes to PM HOUSE to do what?Is this in keeping with the tradition and dignity of this office or was this to do with POLITICS?Any thoughts please.I am stumped.
This will help to understand!
Dorab Patel on Judicial Aloofness by Dr Arif Alvi
http://chagataikhan.blogspot.com/2009/06/dorab-pa…
Chief Justice Iftikhar Mohammad Chaudhry met visiting US envoy Richard Holbrooke in the Supreme Court building on FridayBy Matiullah Jan Saturday, 06 Jun, 2009 05:29 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-…
Did you read the full report at Dawn?The other link does not open.
Khurrum
What point stumped you?
CJP has gone to Prime minister of Pakistan in front of whole media.
It was not a secret meeting nor done in PPP office but in a building that belong to Pakistan not by yousuf raza gillani.
We all are passing to the process of evolution after long time.
We would see different and unusual things around us.
Dont take things lightly as it is looking.
This is not an ordinary move from coward zardari.
It is indication of something going on fishy in house of helms which is often ISI HQ .
Please do not misspell my name.Thank you
How extra r can create misspell in your name.
I think in Persian R is also pronounced with double sound in Khurrum name.
My one female friend and one male cousin owe this name so on one can even distinguish whether it belong to masculine or feminine side.
You can also check it but as per your choice, next time I will be careful, no need of thanking me.
It is my correction.
Code of Judicial Ethics for the Judges and Judiciary:
May please be read in the light of above mentioned Past History or very recent History.
"QUOTE"
As per International Criminal Court, Judges must follow the following principles while they are Judges:
Noting the solemn undertaking required by article 45 of the Rome Statute of the International Criminal Court (the “Statute”) and rule 5 (1) (a) of the Rules of Procedure and Evidence (the “Rules”);
Recalling the principles concerning judicial independence, impartiality and proper conduct specified in the Statute and the Rules;
Recognising the need for guidelines of general application to contribute to judicial independence and impartiality and with a view to ensuring the legitimacy and effectiveness of the international judicial process;
Having regard to the United Nations Basic Principles on the Independence of the Judiciary (1985) and other international and national rules and standards relating to judicial conduct;
Mindful of the international character of the Court and the special challenges facing the judges of the Court in the performance of their responsibilities;
Have agreed as follows:
Code of Judicial Ethics
Article 1
Adoption of the Code
This Code has been adopted by the judges pursuant to regulation 126 and shall be read subject to the Statute, the Rules and the Regulations of the Court.
Article 2
Use of terms
In this Code of Judicial Ethics the terms “Court”, “Statute”, “Rules” and “Regulations” shall have the meaning attached to them in the Regulations of the Court.
Article 3
Judicial independence
1. Judges shall uphold the independence of their office and the authority of the Court and shall conduct themselves accordingly in carrying out their judicial functions.
2. Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.
Article 4
Impartiality
1. Judges shall be impartial and ensure the appearance of impartiality in the discharge of their judicial functions.
2. Judges shall avoid any conflict of interest, or being placed in a situation which might reasonably be perceived as giving rise to a conflict of interest.
Article 5
Integrity
1. Judges shall conduct themselves with probity and integrity in accordance with their office, thereby enhancing public confidence in the judiciary.
2. Judges shall not directly or indirectly accept any gift, advantage, privilege or reward that can reasonably be perceived as being intended to influence the performance of their judicial functions.
Article 6
Confidentiality
Judges shall respect the confidentiality of consultations which relate to their judicial functions and the secrecy of deliberations.
Article 7
Diligence
1. Judges shall act diligently in the exercise of their duties and shall devote their professional activities to those duties.
2. Judges shall take reasonable steps to maintain and enhance the knowledge, skills and personal qualities necessary for judicial office.
3. Judges shall perform all judicial duties properly and expeditiously.
4. Judges shall deliver their decisions and any other rulings without undue delay.
Article 8
Conduct during proceedings
1. In conducting judicial proceedings, judges shall maintain order, act in accordance with commonly accepted decorum, remain patient and courteous towards all participants and members of the public present and require them to act likewise.
2. Judges shall exercise vigilance in controlling the manner of questioning of witnesses or victims in accordance with the Rules and give special attention to the right of participants to the proceedings to equal protection and benefit of the law.
3. Judges shall avoid conduct or comments which are racist, sexist or otherwise degrading and, to the extent possible, ensure that any person participating in the proceedings refrains from such comments or conduct.
Article 9
Public expression and association
1. Judges shall exercise their freedom of expression and association in a manner that is compatible with their office and that does not affect or appear to affect judicial independence or impartiality.
2. While judges are free to participate in public debate on matters pertaining to legal subjects, the judiciary or the administration of justice, they shall not comment on pending cases and shall avoid expressing views which may undermine the standing and integrity of the Court.
Article 10
Extra-judicial activity
1. Judges shall not engage in any extra-judicial activity that is incompatible with their judicial function or the efficient and timely functioning of the Court, or that may affect or may reasonably appear to affect their independence or impartiality.
2. Judges shall not exercise any political function.
Article 11
Observance of the Code
1. The principles embodied in this Code shall serve as guidelines on the essential ethical standards required of judges in the performance of their duties. They are advisory in nature and have the object of assisting judges with respect to ethical and professional issues with which they are confronted.
2. Nothing in this Code is intended in any way to limit or restrict the judicial independence of the judges.
"UNQUOTE"
==========================
Registrar of the Chief justice conveyed to the MILITARY SECRETARY of Nawabzada Liaqat Ali Khan that since there were a number of cases against the government pending before the superior court he could not meet with him. AND NOW IN 2010
A Different kind of "Law of Necessity"
Basic Principles on the Independence of the Judiciary
http://www2.ohchr.org/english/law/indjudiciary.ht…
CJ’s meeting with PM against traditions Thursday, February 18, 2010 By Sabir Shah http://www.thenews.com.pk/top_story_detail.asp?Id…
I think this judges thing has started to become publicity stunts just to get the attention of people away from the ongoing extremism crisis in Pakistan. There was just a blast today in the mosque which left 11 dead in a MOSQUE!! I think more instability will lead a freehand to the extremists! GUYS WAKE UP!!
Thank you Mr.Mughal.
Sir,
You are more than welcome and it is now OFFICIAL: Judge not lest ye be Judged – Code of Judicial Ethics. http://chagataikhan.blogspot.com/2010/02/judge-no…
Letter to CJ from Naeem Bokhari Posted by Teeth Maestro February 26, 2007 https://teeth.com.pk/blog/2007/02/26/letter-to-cj-from-naeem-bokhari
لاہور ہائیکورٹ کے نئے جج کون؟
عباد الحق
بی بی سی اردو ڈاٹ کام، لاہور
آخری وقت اشاعت: جمعرات, 18 فروری, 2010, 12:45 GMT 17:45 PST
http://www.bbc.co.uk/urdu/pakistan/2010/02/100218…
لاہور ہائی کورٹ کے نئے ججوں میں سپریم کورٹ بار ایسوسی ایشن کے سابق سیکرٹری شوکت عمر پیرزادہ اور پنجاب بارکونسل کے سابق چیئرمین ایگزیکٹو کمیٹی حسن رضا پاشا بھی شامل ہیں۔ شوکت عمر پیرزادہ کا تعلق پیپلز پارٹی سے ہے اور وہ عدلیہ بحالی تحریک کے دوران سپریم کورٹ بار ایسوسی ایشن کے صدر علی احمد کرد کے ساتھ بار کے سیکرٹری منتخب ہوئے تھے۔
پنجاب بارکونسل کے جن ارکان کو لاہور ہائی کورٹ کا ایڈیشنل جج مقرر کیا گیا ہے ان میں چکوال سے حسن رضا پاشا، بہاولپور سے اعجاز احمد، جہلم سے انوارالحق اور راولپنڈی سے چودھری محمد طارق شامل ہیں۔
نئے ججوں میں سپریم کورٹ کے ایڈہاک جج جسٹس خلیل الرحمن رمدے کے برادرِ نسبتی یاور علی خان بھی شامل ہیں جو سابق چیف جسٹس پاکستان جسٹس یعقوب علی خان کے بیٹے ہیں جبکہ چودھری شاہد سعید، جسٹس خلیل رمدے کے بھائی اور سابق اٹارنی جنرل پاکستان چودھری محمد فاروق کے جونیئر ہیں۔نئے ججوں میں شاہد حمید ڈار، چیف جسٹس لاہورہائی کورٹ جسٹس خواجہ محمد شریف کے عزیز ہیں۔
نئے ججوں میں وقار حسن میر جسٹس خواجہ محمد شریف کے جونیئر ہیں جبکہ میاں شاہد اقبال کی بھی وابستگی جسٹس خواجہ شریف سے ہے۔
فرخ عرفان خان کمپنی قوانین کے ماہر جانے جاتے ہیں اور ان کی وابستگی وکیل رہنما حامد خان گروپ سے ہے۔
Nausea
These spellings of your name seem more appropriate to your person.
Chief Justice is seen by many, particularly those in the pro-PML-N camp, as the custodian of Pakistan. Unfortunately our free judiciary, most of them of Punjabi origin, seems to be in the PML-N camp. Justice Ramday (who happens to be the brother of a PML-N candidate for National Assembly) restored Cheif Justice Iftikhar Chaudhary once, now CJ wants to pay back, pressurizing and blackmailing President Asif Ali Zardari to reappoint Justice Ramday as an ad hoc Judge. It was not the end, Justice Ramday the custodian of Justice and honesty should himself call it a day but he did not even utter a single word upon recommendation by CJP as adhoc judge. Perhaps for Chief Justice it is easy to keep this capo in bundle and use them according to his requirement. Take a little from the history: The Lahore High Court once passed a resolution against Mr Justice Khalil Ramday stating that he is mentally unfit hence must not be allowed to practice! See the bad luck of our judicial system and judiciary, mentally unsound judges giving justice, now he too is (being portrayed) as a custodian of judiciary. The people of Pakistan are well aware of the historically shameful role of the Supreme Court of Pakistan in derailing democratic governments or/and supporting military dictators in the past. In that context, there are some legitimate questions about the nature and aims of any secret meetings that CJ Chaudhry is currently holding with Shahbaz Sharif, Ansar Abbasi and other persons with known anti-PPP agenda.
Mugahl
You are not in mood of giving any little space to this nascent judiciary.
You have given reference of case of Liquat ali khan.After his death and till now Pakistan faced three largest tenures of martial law that have become the main reasons of all kind of degradation of institutes of Pakistan.Among which judiciary was on the top.
You are giving references of principles of first world democracy for judging their judical standards.Those countries are enjoying democratic culture for more than 100 years and you people are losing patience in just one year of liberated judiciary from the clutches of military men.
So try to give them protection , ignore their little errors so they can transform into strong shaded tree from little stem.This way they can provide protection to other institutes of state.
No not at all Ms. Nazia, I am not defending politicians and their misdeeds nor I am trying to sabotage the "Nascent Freed Judiciary". To be precise there were 4 Martial Laws 1 – Ayub Khan 1958 – 1969, General Yahya 1969 – 1971, General Zia 1977 – 1988, General Musharraf 1999 – 2008. If Judiciary/Military Establishment would demand Clean as a Whistle System from Civilians then they should also keep this in mind that Democratic Traditions are also very nascent in Pakistan and they should also apply the same yardstick which they use for themselves i.e. Law of Necessity.
Therapist
There is no problem in my name and actual problem to your nauseating nature is your mental sickness.It may be side affects of acidity or severe heartburn so when ever you read my comments and feel nausea then take yogurt or calcium tablets while reading it.
if same conditions prevail then you can taken Zantac twice a day for better feelings.
Remember I am not a doctor so take medicament on your own risk.
If no improvement is observed that consult your near physician for detail check up of this nausea like situation.
I am here to help you in all ways if I am source of your all problems.
Nausea
It is now confirmed you need treatment.Do visit a therapist before it gets worse.You are sick and sickening.
Any further crisis will lent free hand to the extremists. Just like the Peshawar blast. Unless and until the overall system is not stable, the terrorist will keep coming back and attacking Pakistan. The instability of any public department is a weak point of the nation and the Taliban will exploit that. CJ was on the Taliban hitlist earlier to create more chaos.
Therapist
My name is Nazia it means honor and proud.
It is you who are feeling nausea after reading my name so you are in pain not me
I am quite fit and healthy in honorable and respectable environment.I would surely visit you on your real request if you would be trouble or need my help.
I am kind of social worker.
Dont worry about me I am quite hale and healthy and ready to help sick people like you.
Nausea
You are wasting everyone's time with your highly unsocial conduct.Are there different kinds of social workers?Please enlighten us about the kinds of social workers in our country.And let us remain civil.
LOLz….hahahahahahahhahaaaaaaaaa.i love this discussion.