In a frenzy of political maneuvering in Islamabad today, Pakistan is yet again precariously positioned in yet again another stand off. Today the President of Pakistan chose to elevate the chief justice of the Lahore High Court (LHC) Justice Khwaja Sharif as a judge of the Supreme Court. The decision was taken and official notification issued without any consultation with Chief Justice Iftikhar Chaudhry, prompting him to take a suo motu notice of the judges’ appointment.
This stand-off happened more in the form of a tit-for-tat snub reaction by the President of Pakistan to the Chief Justice of Pakistan. It was in the same token, approximately three weeks back the CJP Iftikhar Chaudhry tried to appoint Justice Ramday as an ad hoc judge to the Supreme Court but then the President had snubbed this appointment and rejected the request quoting seniority issues. So today when the President tried to elevate a Lahore High Court judge into the Supreme Court, CJP Iftikhar Chaudhry reacted to quickly create a three-member bench and it in turn struck down the order declaring it null and void. Its scary to even begin to imagine that in such a stand-off situation we probably might never have any more judicial appointments as one or the other executive appointed with Pakistan will end up striking it down.
It is my understanding, that Mr. Zardari must have known exactly how the CJP would react to this judges notification and hence to instigate a reaction by directly appointing a Supreme Court judge without so much as a courtesy of having the name approved by the CJP, it was as if, he deliberately wanted to irk the CJP. Was it merely to snub him back in revenge for what had happened three weeks back? or was it just to take a swing at the Supreme Court with the hope that he might get lucky and in turn be prepared for the NRO case. Zardari has this zero-sum game planned into a long term strategy, he naturally does not see immediate gains but has invested enough into the “future” that he might be able to use this (or other) events as a trump card.
Comments
40 responses to “My Judges or the Highway”
For past three years I do not see a single response to people needs yet crises after crises of Constitution?
Personal egos of people are far bigger than the common good and institutions and rule of law.
This personal ego and constitutional games and maneuvering allows all people to get away with the biggest crimes in the history of Pakistan:
murder of liaqat Ali Khan
separation of Pakistan
murder of Bhutto
murder of Benazir
Anyway our politicians are all above the law and beyond the jurisdiction of our constitution.
Maybe we should contact the Saudis ……
Kurd unhappy over SC verdict on NRO By Iftikhar A. Khan Wednesday, 23 Dec, 2009 http://www.dawn.com/wps/wcm/connect/dawn-content-…
ISLAMABAD: Ali Ahmed Kurd, the firebrand leader of the lawyers’ movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said. Speaking during a talk show on “Challenges facing the judiciary”, he said that people had reservations about the verdict handed down by the Supreme Court on petitions challenging the National Reconciliation Ordinance. According to him, the judgment appeared to be based on newspaper headlines and talk shows of private TV channels.
This has now become a personal fight between the Prez and the JIC, both trampling the nation, the constitution, and the national interest under their feet.
Advocate Athar Minallah, who acted as the spokesperson of the chief justice during the two years long lawyers struggle also expressed his frustration and said that the development was infact a gift to the non democratic forces SC suspends presidential orders over judges' appointment By Nasir Iqbal
Sunday, 14 Feb, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-…
Non-Democratic Forces and Athar Minallah???
Mr Minallah was Provincial Minister in General Musharraf's Martial Law Cabinet – Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002) by General Musharraf Military Regime. Alleged Demand For The Trial of NRO Creators. http://chagataikhan.blogspot.com/2010/01/alleged-…
Lawyers Movement and Judiciary!
Judges deciding cases on media lines: Kurd – Daily Times Monitor Wednesday, December 23, 2009 http://dailytimes.com.pk/default.asp?page=200912…
LAHORE: Judges of the higher judiciary are making up their minds about cases after reading newspaper headlines and watching TV shows, former president Supreme Court Bar Association (SCBA) Ali Ahmed Kurd said on Tuesday.
According to the sources, the extension in service cases of Chief of Army Staff General Kayani, Chief of General Staff Lt-Gen Muhammad Mustafa Khan, and DG ISI Lt-Gen Ahmad Shuja Pasha are ready to be sent to the prime minister and the president for approval. The ministry formed the recommendations on the basis of a consensus that emerged within Pakistan and outside after military’s successes in Swat, South Waziristan and other Fata areas. 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. Govt offers Kayani two-year extension Sunday, February 14, 2010 By Absar Alam
http://www.thenews.com.pk/top_story_detail.asp?Id…
The move has been made to ensure continuity in Pakistan’s policy on the war on terror and it also has a nod from Washington as the Army has achieved remarkable successes in the war on terror under General Kayani’s command.
“The US is not comfortable working with two corrupt administrations in two neighbouring countries which are at war with terrorists,” the sources said. The sources claimed that the establishment had no axe to grind and was making sincere but quiet efforts to play the role of a firefighter to end the confrontation between the executive and the judiciary.
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USA was very comfortable from 1958 – 1969, 1969 – 1971, 1977 – 1988 and last but not the least 1999 – 2008 [Musharraf]
How is the CJP trampling the nation, the constitution or the national interest? I don't get it. He just upheld the constitution by not allowing such an appointment. Just go over the the 1996 ruling in Al Jihad Trust case and Article 177 of the Constitution, where it clearly states that the president is bound to consult the Chief Justice Pakistan, if you don't think CJP was acting upon the constitution.
What about CJ permission to Musharraf to tamper the Constitution not once but twice and he also legalized Martial Law of Musharraf.
Qasim:
Sorry I admit my mistake. I should have copied and pasted the actual text from the Constitution of Pakistan, to help you avoid banging your head on the walls in darkness.
The article 177 states:
177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be APPOINTED BY THE PRESIDENT, and each of the other Judges shall be appointed by the President after CONSULTATION with the Chief Justice.
Nowhere it mentions that he is BOUND.
Now let us examine the definition of CONSULT from Cambridge Dictionary:
Definition
consult verb
/kənˈsʌlt/ v
• [T] to get information or advice from a person, book, etc. with special knowledge on a particular subject
• [I or T] to discuss something with someone before you make a decision
Enlightened?
Nobody should be above of law, and the Presidential immunity must come to an end.
A criminal is a criminal even if he is Pr. of Pak.
This is interesting use of the phrase "innocent unless proven Guilty" in case of criminals
"Guilty unless proven Innocent" in case of non-criminals
If that is so then everybody should be arrested after the registration of FIR. Would you like to explain the situation in Police Station, Jails and Judiciary if your principle above is applied. Everybody knows how cases are registered and how State/Establishment behave with the People of this country and Disappeared Persons Case is still in the Court.
My Judges or the Highway Posted by Teeth MaestroFebruary 14, 2010
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Eminent constitutional expert Fakhruddin G Ibrahim was also of the view that it would always be good that senior judge must come to the Supreme Court asking what was wrong if the senior judge was elevated. SC suspends presidential orders over judges' appointment By Nasir Iqbal Sunday, 14 Feb, 2010
http://www.dawn.com/wps/wcm/connect/dawn-content-…
What a paradox: A man charged with mega-corruption and what not is appointing judges of his choice in the superior courts! This can happen only in the Pakiland.
readinglord:
"appointing judges of his choice in the superior courts!"
But after all they are Judges. If you call them corrupt, what credibility remains of the rest of the judiciary?
Iftikhar Chaudry should resign and go home. On what basis does he want to appoint a junior judge to a senior one? and if Khwaja Sharif is unfit for SC how is he fit for LHC? Iftikhar Ch. wants his hand picked men as judges. If he had any shame or even the remotest feeling for national interest he would have asked Khwaja Sharif to go to SC. He is as corrupt and power hungry as Zardari if not more.
"Iftikhar Chaudry should resign and go home"
Absolutely. He's a ghunda not a judge.
It is you who should be ashamed. It is not a question of rights or merit for promotion as both the judges affected rejected the orders of the President, as they saw it as a conspiracy against the judiciary to divide it.
Is it not a paradox of the mega size: A man charged with mega-corruption making appointments of judges in the superior courts.
With the striking down of the NRO, the President, who gets his charge of mega-corruption and what not, revived should have resigned, having become a party against the judiciary. He did not adopt this natural ethical coarse and the result is this paradox. We are facing a dead-lock of the existential magnitude.
For all lambasting Zardari, it had been agreed under Judges case that Senior judge will move on. This rule was changed by Musharraf when he wanted Iftikhar Ch.(not the current CJ) to stay as CJ Lahore. Kurd, Qazi Anwar and other lawyers actually fought against it but LFO was in place and needless to say the decision was given against them. This LFO decision is being used by Iftikhar CH. to justify his position, he indeed has no shame.
Piplyas like Aamir will not speak in favor of any positive change. In their limited thinking they will always defend dirty PPP moves by saying that others also did wrong. When should change come then? Obviously you want status quo i.e. crooks like your favorite Bill and Zar should continue to run havoc in Pakistan. Shame on them and shame on all their slave supporters!!!
Oh yes! You are correct to the hilt about my political affiliation i.e. PPP AKA Piplya:)
Do you mean supporting Positive Change like Imran Khan supported Martial Law of Military Dictator Musharraf, then Imran supported Musharraf's PCOed Judiciary, and then Imran and his party supported the most shameful and sham referendum of General Musharraf. To keep the record straight:
Imran Khan's Support: Then Musharraf Now Taliban!
http://chagataikhan.blogspot.com/2009/12/imran-kh…
Imran Khan hailed PCOed Judiciary! http://chagataikhan.blogspot.com/2009/08/imran-kh…
Ch iftikhar Vs zaardari
Difference of repute is so obvious that one should think not enough to come to conclusion.
Difference of attitude is so clear to all that people have no second thought about NRO team and grilling attitude of judiciary which is considering them mother of all present curses.
Difference of job goals for both as per assigned duty is so crystal clear even to illiterate person of our country due to media awareness process .
So all actions of judiciary are under its working domain and mostly encircle the public issues, where as zardai is completely busy in protecting his personal interests and his favorite people with his out of range moves He fully proved that he cant think other than his mental capacity.
@AM
Unchanged and not willing to learn!=Piplyas to the core
and corrupt to the core – if not financially then at least morally.
Dear Sir,
You can say whatever you like and since you live in the West then you must have been familiar with a legal term "Burden of Proof" i.e. "burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her"
You have doubts that I may not be Financially Corrupt but please prove that I am Morally Corrupt.
Observer
we all others are also interested of seeing the standard of a morally corrupt person under your enlightened vision.I fully hope through your keen observation that you can give us list of standard of morality which you can experimentally put on mughal as moral breaker.
Dear Ms. Nazia,
I will humbly advice Mr Observer to indulge in a little bit moral turpitude ["act of baseness, vileness or depravity in the private – courtesy"] like me and it is a must for him to indulge in the same for Spiritual Uplift, to begin with let me give him some proof of my moral turpitude from Cut Pastia Blog, some movies for Observer to release the Moral Pressure:)
Caligula, The People vs. Larry Flynt, Angel Heart Wild Orchid Play Last Tango in Paris, Histoire d'O Lady, Chatterley's Lover, Nine 1/2 Weeks, and last but not the least Quills [Note: Quills is worth watching and Caligula too]
Mughal
sure the quill is an excellent master piece to watch the moral standards of west once upon a time.lets see to whom among Marquis, abbe and micheal caine characters ,observer take his standard of moral breaker for you.After reading his personality watch for you I think he would put you in category of Dr (Caine) I think, who was sent by Napoleon.Here zardari is put on the level of napoelon too (Would be tragic for napoleon too)
🙂 I don't know about Zardari but I would love to be Marquis de Sade and by the way do watch The People VS Larry Flynt [Woody Harrelson/Courtney Love] Woody played the part of Hustler Magazine publisher Larry Flynt.
Mughal
I don't think so you can be marquis the sade as he clearly refused the bible revelation when he was told to obey it.Even in one scene he was found of throwing Bible on ground as sign of rejection.
The moments he did that I thought thanks marquis and actor too was not Muslim other wise both were murdered or threatened to kill under blasphemy law.
So this feature doesn't fit on you as you thoroughly observe religious obligation in life styles in your writing.
So you see that one man obstinate behaviors against tyrannical and orthodox rulers take many years to produce any kind of civilized change in static life styles.
LOL:) No, you didn't get me I was ready to adopt Marquis' Carnal Way minus Blasphemy. Worship/World/Pleasure must go together. Allah will forgive me and that is for sure. I have great faith in His mercifulness and forgiveness.
Mughal
So you want to adopt the life patterns of marquis whose inspiration started by seeing he beheading of prostitutes in a sinful state.
His writing become the reason of death of kate and runaway of young brides from the custody of old husband.
I think I am giving lot of clues to observer to prepare case on the basis of moral corruption on you.
LOL:) I have read excerpts of his peculiar and very unique proclivities. I am just waiting for the Charge Sheet which will be issued by the Grand Inquisitor Tomás de Torquemada of this forum Teeth Maestro and he also lives in Europe.
Nice article good job keep it up
So mughal
By naming observer as Grand Inquisitor Tomás de Torquemada
you are claiming that our observer is actaully de Taliban de Espagne and he is in search of all marquis de est like you while living in ouest, to punish them on spot with speedy justice.
I think he has lengthy charge sheet against you which is in need of lot of revision and editing to present in this forum.
I can offer my help to him free of cost for final compilation if he is in trouble,just for speedy trial.
My Judges or the Highway Posted by Teeth Maestro February 14, 2010
=========================
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۔
Mughal
In judiciary movement almost 80% lawyers from all over the Pakistan supported it and had come to protest against dictator's act so that is not big issue that such lawyers are now elevated to upper class in their professional career.
It would be more accurate if you discuss their professional vulnerabilities or weakness in their character.
If you think that they are incapable and dishonest then your point should be more stronger than typical taunts which I always feel when matter of present judiciary comes.
We belong to extended family system like culture and cant get rid of our relation in our professional life too but I can assure you that approach can only help to some extent after this, personal performance start showing colors and if the colors are fake, situation can backfire too.
Chief spokesman for the then Free Judiciary Movement, Mr Athar Minallah had served Musharraf's Martial Cabinet [2000 – 2002]. I wonder why people have so short memory. Shouldn't we invoke article 6 against him and this whole bloody judiciary who has been lately behaving like Holier Than Thou.
Athar minhallad accepted this mistake publicly and apologized all for his act.
Mughal
You Know US bombed nuclear bomb to japan's cities and its after affects are still being felt in this area after 70 years.
Soon after the attack , US accepted her heinous crime against humanity and asked friendship with Japan.
They in compensation offered Japan all kinds of financial help which japan accepted with some conditions.
Now Japan is leading first world countries and US never thought of interfering Japan again.
So see the intentions behind apology and then its acceptance in critical moments.
So apologizes matters of person feel voice of his/ consciousness.We must give chance to public figures to repay for their mistakes.
I already requested you it would be more enjoyable and practicable if you bring corruption detail, illegal deals or wrong doings in present scenario of such rhetoric characters.
Many in Prison who are condemned for their Crimes e.g Murder also regret about the crimes but does this regret bring back those they have murdered. These Judges at the drop of hat start quoting Quran and Hadith and that too without context to justify their decision whereas Ehtisab [Accountability] starts from one own self. Ansar Abbasi and many others were quoting Hazrat Omar [May Allah be pleased with him] to justify the decision on NRO but completely avoid narrations dealing with "Ehtisab [Accountability] starts from one own self" [Reference: I'laam ul Muwaqqi'een 'an Rabb il 'Aalameen Ibn Qayyim Al-Jawziyya]
I have seen these sleazy details much more closely during my days in service and I don't want to quote anything without evidence.