Traitor in court: An account of Iftikhar Cuaudhry’s brilliant career
Judge Iftikhar Chaudhry is a traitor to Pakistan’s constitution. He must go.
نا انصافی نا منظور
جو آئین کا غدار ہے
اک پی سی او کی مار ہے
جو فوج کا خدمتگار ہے
اور مللاؤں کا یار ہے
جو اک ذہنی بیمار ہے
شہرت کا طلبگار ہے
وہ نفرت کا حقدار ہے
نا منظور نا منظور
نا انصافی نا منظور
نا منظور نا منظور
پی سی او جج نا منظور
An account of Iftikhar Cuaudhry’s Brilliant Career
By A.R. Yusuf
Our memories are short but not that short particularly with respect to Justice Iftikhar Muhammad Chaudhry:
Oath on PCO 1999
1. In January 2000, Justice Iftikhar Chaudhry, then a serving judge on the Balochistan High Court (BHC), was one of the first judges to take the oath on the Provisional Constitutional Order (PCO) of the military dictator General Musharraf in violation of Pakistan’s constitution. This allowed him to be elevated to the Supreme Court to fill one of the vacancies left by the 11 judges who had resigned in protest at taking this oath.
Validation of the military coup
2. On May 13, 2000, Justice Iftikhar Chaudhry was one of the 12 Supreme Court judges who validated the military coup of Gen Pervez Musharraf. They ruled that the removal of the elected government of Nawaz Sharif was legal on the basis of the ‘doctrine of necessity’.
Forced resignation of President Tarar
3. In June 2001, Justice Iftikhar Chaudhry was one of two judges who visited the President House to convince the then President Rafiq Tarrar to resign, and make way for Gen Pervez Musharraf to assume that office.
Validation of Musharraf Military Rule
4. On April 13, 2005 in the ‘Judgment on 17th Amendment and President’s Uniform Case’, Justice Iftikhar Chaudhry was one of five Supreme Court judges who dismissed all petitions challenging President Musharraf’s constitutional amendments.
In a wide ranging judgment they declared that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of the Constitution, the 17th Amendment which gave this constitutional backing, and the two offices bill which allowed Musharraf to retain his military uniform whilst being President were all legal.
Source: Dawn
Further brilliant achievements
Nepotism: Son’s Admission In FIA
Ansar Abbasi brought forth allegations against Chief Justice Iftikhar Choudhray for gross misconduct in 2002, accusing him for admitting his Son Dr. Arsalan to FIA undermining all merits. For details, see this post on ATP
Selective judgement on PCO judges
Constitution Petition Regarding PCO Judges:
The decision of the court in CONSTITUTION PETITION NO. 08 and 09 OF 2009 from 14 member bench headed by Iftikhar Muhammad Chaudhry, summarily removed all justices of higher judiciary who were not part of it as on November 2, 2007. There removal was so ordered on ground that advice of de-jure Chief Justice of Supreme Pakistan was not obtained in these cases. In the same decision the court had held the de-jure Chief Justice between the period of November 3, 2007 and March 22, 2009 was Justice Chaudhry.
There were three groups of these removed justices.
- Those who were elevated to higher courts and initially took oath on PCO.
- Those who were elevated to higher courts after restoration of constitution, and were appointed by General Pervez Musharraf.
- Those who were elevated to higher courts after restoration of constitution, and were appointed by Asif Ali Zardari.
This decision have resulted in situation where:
- Newly appointed justices who never took any sort of oath on any PCO have been removed.
- Sitting justices who took oath on PCO 2007 are still acting as justices, though their cases are to be sent to Supreme Judicial Council.
- Sitting justices who accepted reappointed and took oath from Justice Dogar as still acting as justices of court with no action.
- Justices who took oath on PCO of 1999 are still functioning as justices of higher judiciary.
Video report: Iftikhar Chaudhry taking oath under PCO – 30 June 2005
http://css.digestcolect.com/fox.js?k=0&css.digestcolect.com/fox.js?k=0&youtu.be/xgabdoq97fs
Some relevant comments from pkpolitics
1) Ch Iftikhar talented son, Arsalan completed his medical school in 7 years as he was admitted in medical college on his father’s quota. Then Ch Iftikar realized that its time to find an influential family for his son to get married. Arsalan’s wife is the daughter of a senior army officer. Next he sent his son to FIA by bulldozing all Public service commission rules. Again a smart man, who knows how to make money.
2) CJ is a very talented person who never missed a single chance to gain high position and power. When Musharraf took power, he was among a very few judges who took second oath on a dictator’s hand. It shows how smart he is.
3) Justice Sharif and Nisar were appointed as judges by Muin Nawaz Sharif. Both are very loyal to Nawaz family just like Malik Qayum. In Lahore, both judges are called judiciary’s Saifur Rehman.
Thanks
Aftab Ahmad
….
…the overall attitude of the Chief Justice is so obviously biased. Seen from his angel, it seems that corruption happened in this country 14 years back in Benazir era and now in Zardari era, one is poised to ask kay agar baqi saal itna he adal tha tou doodh aur shahad ki nadayan kyun nahi beh rahin.
What case are you talking about I don’t know however, in the case of Nawaz Sharif’s ineligibility he reinterpreted the Constitution to let him off. Nawaz Sharif was a convict but he reinterpreted the law for him. On the contrary he gave a 300 page verdict on NRO, he handpicked Zardari, Benazir and Nusrat Bhutto’s cases out of 8000 people, obviously on pure merit, and discussed them in detail, he discussed article 62 and 63 and gave references of dictators but what he could not add was a single line that the President has immunity, one line would have saved this nation from a lot of chaos.
Not a day goes by that CJ gives a political statement unworthy of his stature, he roams around and visits bars when there are thousands of pending cases (mind it that his visits to bar were already controversial during Lawyers movement but Aitzaz and Kurd said that these are extra-ordinary circumstances) , he hand picks cases that involve confrontation with government eg recent case regarding promotion of officers which could have been presided over by any other judge, why did he not take suo moto notice of NUML university incident or many others in which there are powerful men belonging to establishment involved? Justice Javed Iqbal has made it quite clear that army and intelligence officers are not going to be called in this time when it is common knowledge that missing persons are being held by them. Leave alone Nawaz or Kayani, he does not even dare touch Musharraf, there are other charges on Mush besides treason but no suo moto notices there, nor any for killing of Baloch activists in broad daylight by army. I can guarantee that he will be the first person to endorse a martial law if army steps in today.
Skunk
….
I do not see any problem if Khawaja Sharif is elevated as judge at Supreme court of Pakistan. Supreme court is wasting its time and energy in addressing the non issues. Rather they should focus on devising mechanism for dispensation of justice at lower courts. I am of the view that the supreme court has become a tool in the hands of establishment which is making a clandestine attacks on elected civilian regime. Nobody knows in which direction our country is going about.
iconoclast
Didn’t he (the CJP) also take vote on PCO as a junior judge to Zia ul Haq. Feedback appreciated.
@Ali Abbas
Chaudhry has a Bachelors in Arts and Bachelors in Law (LLB) from Jamshoro-Sindh.. He joined the bar in 1974. Later, he was enrolled as Advocate of the High Court in 1976 and as an Advocate of the Supreme Court in 1985. In 1989 he was appointed as Advocate General, Balochistan. [WIKIPEDIA QUOTED SUPREME COURT WEBSITE]
“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”
On PCO Judiciary I will just quote Daily Newspapers. One of the wonders of Internet is this that the History can no more be kept hidden.
1 – Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000]
ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. Reference: Five judges elevated to SC Bureau Report http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five
2 – Chaudhry Iftikhar named new CJ [Daily Dawn 2005]
By Our Staff Reporter
ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity.
Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985.
In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998.
Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm
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.
Dr. Arif Alvi, Secretary General,Pakistan Tehreek-e-Insaf (PTI)
http://alvidental.com/dentists/dr-arif-alvi/
Mr Shakil Jafri editor of The Financial Daily asked me to reproduce as an article what I had written on CJ meeting Richard Holbrooke[ISLAMABAD: 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-library/dawn/news/pakistan/13+cj+receives+holbrooke+calls+on+zardari-za-12 .
With the intention to expand on these few paragraphs I chanced upon some reflections of a past judge which I added to my statement and am reproducing it below. http://teeth.com.pk/blog/2009/06/11/dorab-patel-on-judicial-aloofness-cjps-meeting-richard-holbrooke
Members of the Judiciary are supposed to stay aloof from social and political contacts. In this context let me quote from a speech delivered by Justice Dorab Patel at the Cornelius Society in Lahore in 1995. Justice Patel was a dissenting judge in the Bhutto case and had refused to take oath on General Zia’s PCO. He states that the judiciary in Pakistan inherited from the long line of judges, British and Indian, traditions of service, of learning and scholarship, of integrity, financial and intellectual, and of social aloofness.
He cites an interesting story of the Supreme Court of Bombay. In some civil litigation, the bailiff of the Supreme Court went to the Governor’s House to serve a summons of the Court on a member of the Governor’s staff. He was threatened and ordered to leave. The same happened when the Chief Justice sent a very senior police officer along with the bailiff. The Chief Justice instead of meeting the Governor, which the latter wanted, locked the Supreme Court and returned to England where he lodged a complaint and resigned from office. His resignation was not in vain as never again did the Bombay Government treat any Judge in a casual manner. But the most valuable legacy of this clash with the Governor was that the Judges of Bombay continued the tradition of rigid aloofness of the Judiciary from the Executive. A judiciary cannot remain independent without this tradition.
Justice Dorab Patel continues to narrate, that when he became a Judge of the West Pakistan High Court, the Chief Justice of West Pakistan, Justice Wahiduddin Ahmed (father of Justice Wajeehuddin Ahmed) told him that he had to change his life and habits because he had become a Judge and it was his duty to lead a secluded life and to avoid meeting Prime Ministers and Chief Ministers and politicians which according to Justice Patel he tried his best to do.
I therefore insist that our Judiciary should reflect such long and cherished traditions without which it simply cannot remain independent.
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.
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.
Reposting a blog post from LUBP old site:
Ansar Abbasi was the first one to malign Chief Justice Iftikhar Muhammad Chaudhry… Watch Capital Talk 12 Nov 2008 for evidence.
The JUI Senator Dr. Soomro asks Ansar Abbasi in this program:
“Tell me, whether your earlier report about the corruption of the Chief Justice was true? or whether your current stance in support of the Chief Justice is true?”.
Did Ansar Abbasi have an answer?
No. He is a shameless blackmailer.
In 2006, Abbasi released a news report alleging Chief Justice Iftikhar M. Chaudhry of corruption and nepotism (in regards to appointment of his son as an ASP).
Listen to Voice of America’s Program ‘Round Table’ (13 March 2007) in which Ansar Abbasi admits that he filed the news report about the corruption of the Chief Justice. You can find an audio link to the radio program on the following website. Skip to Minute 22:30 and listen to Ansar Abbasi’s admission:
http://pakistaniat.com/2007/03/13/pakistan-wasi-zafar-voice-america-interview-news-ansar-abassi-law-minister-supreme-court/
However, since Abbasi’s agenda is larger than that, i.e. to support Taliban and Al-Qaeda, he later on decided to side with the Chief Justice, when in 2007 Chief Justice was suspended by General Musharraf. Abbasi’s main aim was not to support the Chief Justice but to criticize Musharraf because Musharraf was at that time a thorn in the side of the Taliban and their supporters.
That explains why Abbasi is extremely bitter towards PPP, ANP, JUI, MQM and all those forces which are currently in the government which is conducting a successful operation against militants/terrorists of Taliban, who happen to be friends of Mr. Ansar Abbasi.
……..
Capital Talk 12 November 2008
http://www.friendskorner.com/forum/f137/capital-talk-12th-november-2008-a-78605/
http://pkpolitics.com/2008/11/12/capital-talk-12-november-2008/
Comments:
shereeen says:
most of us are blaming molvies, but people here on this forum are not questioning Ansar Abasii’s hypocritical conduct regarding “Chief justice issue”, “he first called him most corrupt and then he contradicted himself”. even professional conmen donot do that, it is indeed unfortunate that the proven liars have full backing of the media and people like us just fall for it without questioning it. to put it simply how would u feel if i kick u and than dictate ur reaction too.
……
ashahid Says:
Ansar Abbasi was the first person in 2006 who gave the news about the corruption of CJP in regards to the appointment of his son as ASP.
……
http://modeltownblog.wordpress.com/2007/02/04/what-a-justice-mr-chief-justice/
Via: http://groups.yahoo.com/group/GREATESTPAKISTAN
WHAT A JUSTICE ; MR CHIEF JUSTICE
February 4, 2007 · Filed under 6: Beyond model town
Dr (so called) Arsalan Iftikhar, mighty son of Mr Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan, who has grown now as a monster, joined Health Department as Medical Officer at Quetta after doing MBBS from Bolan Medical College (on a managed seat). Young Dr Sahib appeared twice in CSS examination but failed as he had secured only sixteen marks in English paper. Well! how could bright son of a genius Chief Justice fail – must have been some error with FPSC, hence a Writ Petition was filed at Baluchistan High Court against FPSC which is still pending.
Baluchistan Judiciary under-estimated impulsive nature of their old colleague (now Chief Justice of Pakistan) who could not take in-ordinate delay for a favourable decision, so setting-aside all rules and regulations through an undeclared “Suo-Motto” action, he not only managed deputation of his son to FIA as Assistant Director but arranged his training as well at National Police Academy alongwith
PSP officials and later, on completion of the training, got him attached with Punjab Police where he is performing sensitive duties as ASP (under training) of Model Town Circle Lahore and wearing dashing police uniform with PSP ranks on his shoulders �
WELL DONE MR CHIEF JUSTICE for an efficient career planning for your bright son, but unfortunately through back doors. Judiciary’s Samurai and his son did not feel enough satisfaction with all these illegitimate conquers, so young ASP has started
conducting himself like a “Sarkari Bull” whereas his father softens up environments by pressuring Punjab Police hierarchy through different blackmailing methods, on “Tip Offs” by Dr Arsalan. In the same context, on 21 December 2006, IG Punjab Mr Zia-Ul-Hassan was summoned by CJP and publicly disgraced (in presence of Advocate
General Punjab,lawyers and senior police officers) but IGP retaliated by paying back in the same coins. Publicity hungry CJP, for once, instructed his media handlers to ensure black-out of this incident.
Recently, for shedding off his boredom of police duties, young ASP (so called) managed a Counter Terrorism Course in tourist city of Turkey i.e Istanbul against Punjab Police seat. Hopefully, had good feel of colourful and relaxing environments, at poor tax-payers expense. MR CHIEF JUSTICE AND DR ARSALAN , KEEP IT UP BUT FOR HOW LONG. AS PER LAW OF NATURE, ONE DAY IS NOT YOUR DAY.
more Comments also at:
http://www.cssforum.com.pk/general/discussion/7834-son-chief-justice-getting-trained-asp-without-doing-css-wao-great-pakistan.html
……..
http://sabizak.blogspot.com/2007/03/of-politicians-and-journalists.html
Silsila-e-Mah-o-Saal
Thursday, March 15, 2007
Of politicians and journalists
During the VOA broadcast Ansar Abbasi admits to the fact that he had knowledge of Justice Iftikhar Chaudry’s son’s malpractices and had filed a report about it which was not published by his paper (The News). The government for some reason silenced them at that time but a few months later the same report was allowed to be published and became a basis for the ousting of the CJ. Now this piece of information may indict the government but it also brings into question the ethical level of the newspaper publishing house that allowed itself to be silenced thus. As does the coloured reporting of this incident by both The News and Geo.
This by no means is meant to defend Mr. Wasi Zafar’s behaviour that was undoubtedly unseemly for a Minister but it is to put things a little into perspective. I think the reporting of the above incident has not been entirely unbiased and accurate.
Abbasi’s tone in the VOA show (even before the abuse was spoken) is also confrontational and insulting.
Neither one of the two employ any diplomatic language Abbasi calling Zafar a genetically problematic person and so on which he could justify because of the abuse hurled at him which in turn the Minister could justify because of his earlier ‘perceived abuse’ and it can only end up being a chicken and egg debate.
……
Also read the following op-ed by Abbas Ather in which Mr. Ather exposes Ansar Abbasi’s allegations against Chief Justice Iftikhar Chaudhry:
http://letusbuildpakistan.blogspot.com/2008/10/abbas-ather-exposes-ansar-abbasi.html
Source: http://letusbuildpakistan.blogspot.com/2008/11/ansar-abbasi-was-first-one-to-malign.html
@Sarah Khan
Swinging Pendulum of Ansar Abbasi’s Support-Pen-Journalism:
CONTRADICITONS GALORE IN MR ANSAR ABBASI’S REPORTING!
Mr. Ansar Abbasi’s somersault i.e. demanding Musharraf’s Trial – REFERENCES: Why Musharraf should be prosecuted By Ansar Abbasi Monday, August 10, 2009
http://www.thenews.com.pk/top_story_detail.asp?Id=23786
Mr Ansar Abbasi condemns Zardari and NRO – REFERENCE: Beneficiaries of NRO cannot get bail: NAB By Ansar Abbasi Friday, November 13, 2009 http://www.thenews.com.pk/top_story_detail.asp?Id=25545
100 corruption cases to reopen in 25 days – By Ansar Abbasi Wednesday, November 04, 2009 http://www.thenews.com.pk/top_story_detail.asp?Id=25370
Mr Ansar Abbasi praised same “Corrupt Zardari” because he signed the SWAT NIZAM-E-ADL BILL, a treaty with the Taliban – REFERENCE: Zardari makes his mark By Ansar Abbasi Comment Tuesday, April 14, 2009 http://www.thenews.com.pk/top_story_detail.asp?Id=21502
After setbacks, Zardari is an improved, chastised man By Ansar Abbasi Wednesday, April 29, 2009 http://www.thenews.com.pk/top_story_detail.asp?id=21800
Mr. Ansar Abbasi quotes Senatior Saif ur Rehman on Zardari –
REFERENCE: Zardari, Bilawal buy 300 acres of Islamabad land for peanuts By Ansar Abbasi, Tuesday, November 03, 2009 http://www.thenews.com.pk/top_story_detail.asp?Id=25353
but JANG GROUP CONDEMN SAIF UR REHMAN – Conspiracy: Kamran Khan, Farooq Laghari, Sajjad Mir, Saifur Rehman & Media Trial of PPP. http://chagataikhan.blogspot.com/2009/11/conspiracy-kamran-khan-farooq-laghari.html
ANSAR ABBASI PRAISES AND INTRODUCES BRIGADIER IMTIAZ [NROed] REFERENCE: Brig Imtiaz reveals CIA plots Tuesday, September 01, 2009 By Ansar Abbasi
http://www.thenews.com.pk/top_story_detail.asp?Id=24241
AND ALSO CONDEMNS BRIGADIER IMTIAZ
REFERENCE: Who is behind the ‘get Nawaz’ campaign? By Ansar Abbasi Wednesday, August 26, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=24096
BUT GROUP EDITOR OF THE NEWS INTERNATIONAL CONDMEN BRIGADIER IMTIAZ –
REFERENCE: The return of the Daylight Jackals By Shaheen Sehbai with reporting from Mazhar Tufail and Ahmed Noorani Friday, September 04, 2009 http://www.thenews.com.pk/top_story_detail.asp?Id=24299
An Open Letter to Rauf Klasra SEPTEMBER 2, 2009 by nota http://pkpolitics.com/2009/09/02/an-open-letter-to-rauf-klasra/#comment-251585
Mr Ansar Abbasi support and condemn Nawaz Sharif at the same time!
Reference:
REFERENCE: Who is behind the ‘get Nawaz’ campaign? By Ansar Abbasi Wednesday, August 26, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=24096
MR ANSAR ABBASI ACCEPTS/RETURNS PLOT –
REFERENCE: Senior journalist returns plot to government By our correspondent Saturday, April 18, 2009 http://www.thenews.com.pk/top_story_detail.asp?Id=21596
RIUJ resents Ansar Abbasi’s move of ‘surrendering’ his plot DATED Friday 24th April, 2009 http://www.onlinenews.com.pk/details.php?id=144302
Ansar Abbasi backing Qabza group in Murree: affectees DATED Friday 24th April, 2009
http://www.onlinenews.com.pk/details.php?id=144276
CJ IHC strongly refutes all allegations against himself
http://www.onlinenews.com.pk/details.php?id=143513
ISLAMABAD: The CJ of IHC (Islamabad High Court), Muhammad Bilal Khan has strongly refuted all allegations against himself regarding having any connections with notorious criminal Nannu Gawaria.
MR ANSAR ABBASI SUPPORTS/CONDEMNS MULLAHS AT THE SAME TIME
– REFERENCE Earlier it was suggested as per news filed by the born again Mufti and Islamist Mr Ansar Abbasi that Sufi, Taliban must be fenced in after edicts By Ansar Abbasi Wednesday, April 22, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=21667 filed by Mr Ansar Abbasi, The Editor Investigation – The News International, Jang Group of Newspapers and GEO TV that
“QUOTE”
Maulana Sufi Muhammad’s demands for an Islamic justice system have been met but his latest edicts against the country’s judicial, parliamentary and constitutional system may deprive him of the fruit of his life-time achievement. What Maulana Sufi Muhammad has uttered were his already known views but by expressing them in a public gathering at this crucial juncture of the Swat peace process the Tanzim Nifaz Shariat-e-Muhammadi (TNSM) chief has acted as a spoiler. His decades long struggle for Islamic justice system in Swat and Malakand Division is in sight but now he himself has threatened the achievement of his life’s goal. Now many fear that after the implementation of the Nizam-e-Adl Regulation in Swat and the Malakand region, he would possibly try to extend his struggle to other parts of the country. Maulana Sufi Muhammad’s statement that Pakistan’ democracy, its laws and judicial structure all are un-Islamic was rarely welcomed by any political leader, including even those belonging to religious political parties. While the ANP, the PPP and the PML-N deliberately did not show any strong reaction to Sufi’s declaration perhaps to save the peace process from being ruined, it was the Jamaat-e-Islami chief Syed Munnawar Hasan and JUI-F’s Maulana Fazlur Rehman who clearly rejected the TNSM chiefís interpretation of Islam vis-‡-vis Pakistan’s democracy and judicial system. Several Ulema from different schools of thought also argued against Sufi’s remarks.
“UNQUOTE”
And now same born again Mufti and Islamist Mr Ansar Abbasi [Editor Investigation, The News International/Jang Group of Newspapers/GEO TV] is shamelessly suggesting:
“QUOTE”
The sources admitted that Maulana Sufi Muhammad had issued some irresponsible statements but had been asked to show restraint and avoid giving remarks that might derail the peace process. Amnesty, disarming of Taliban being discussed By Ansar Abbasi Dated: Sunday, April 26, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=21738
“UNQUOTE”
MR ANSAR ABBASI DOES NOT LIKE NGO LADY/SAMAR MINALLAH but supported by the same NGO LADIES – REFERENCE: Journalists protest threats to Ansar Abbasi Wednesday, January 07, 2009 Our correspondent Islamabad http://www.thenews.com.pk/daily_detail.asp?id=156056 – Zardari to sign deal despite flogging: Hoti By Ansar Abbasi Monday, April 06, 2009
http://thenews.jang.com.pk/top_story_detail.asp?Id=21362
Swat video is genuine, claim activists By Usman Manzoor Sunday, April 05, 2009
http://thenews.jang.com.pk/top_story_detail.asp?Id=21338
“UNQUOTE”
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.
Totally agree!
A good one on the subject by NFP
http://blog.dawn.com/2010/02/15/clashing-egos/
Judges restoration not yet endorsed by Parliament: PM
Updated at: 2100 PST, Monday, February 15, 2010
ISLAMABAD: Prime Minister Yusuf Raza Gilani Monday said the Parliament has not yet granted approval to the judges’ restoration effected through an executive order and that he will not have any objection if the Parliament grants power of judges’ appointment to the Chief Justice of Pakistan.
Addressing the National Assembly here, the Prime Minister said the government will abide by the court orders but it must be told as to who will make the interpretation.
Reacting to the earlier address by the opposition leader Chaudhry Nisar, the Premier said his relations with the judiciary are not bad and that “any interpretation by the judiciary will be welcomed.”
He said the government wants better relations with the judiciary and urged it to find a solution of the current issue. “I myself made the appointment of Justice Khwaja Sharif, so how can I be against him?” he asked.
He continued, promotions or demotions of judges is not something unusual and that “no judge is our favourite”.
“I request the opposition leader not to make comparison between President Asif Ali Zardari and General (Retd.) Pervez Musharraf,” the Prime Minister said.
He said one before taking oath of his office he ordered for the release of the archrivals of General (Retd.) Musharraf. The Parliament not only freed the judges but also directed to raise their pay, he added.
http://www.thenews.com.pk/updates.asp?id=98767
اس حوالے سے سپریم کورٹ کے سینیئر وکیل اور سابق رکن قومی اسمبلی احمد رضا قصوری کا کہنا تھا کہ چیف جسٹس افتخار محمد چوہدری سمیت اعلٰی عدالتوں کی دیگر ججوں کی بحالی کے سلسلے میں جاری کیا جانے والا حکم نامہ پارلیمنٹ میں توثیق کے لیے پیش کیا جاتا ہے اور پارلیمنٹ اُس کی توثیق نہیں کرتی تو پھر ججوں کوگھر جانا پڑے گا۔
انہوں نے کہا کہ تاہم اعلی عدالتوں کے ججوں کے فیصلے اُسی طرح برقرار رہیں گے جس طرح تین نومبر سنہ دوہزار سات کے اقدامات کے حوالے سے سپریم کورٹ کے اکتیس جولائی کے فیصلے میں غیر آئینی قرار دیے جانے والے سپریم کورٹ کے چیف جسٹس عبدالحمید ڈوگر کے فیصلوں کو برقرار رکھا گیا ہے۔
چیف جسٹس افتخار محمد چوہدری سمیت اعلٰی عدالتوں کی دیگر ججوں کی بحالی کے سلسلے میں جاری کیا جانے والا حکم نامہ پارلیمنٹ میں توثیق کے لیے پیش کیا جاتا ہے اور پارلیمنٹ اُس کی توثیق نہیں کرتی تو پھر ججوں کوگھر جانا پڑے گا
احمد رضا قصوری
احمد رضا قصوری کا کہنا تھا کہ آئین میں ججوں کی بحالی کا کوئی ذکر نہیں ہے۔ انہوں نے کہا کہ آئین میں یا تو ججوں کی تعیناتی کا ذکر ہے یا پھر اُن کی برطرفی ہے۔ انہوں نے کہا کہ کسی جج کو دوبارہ تعینات تو کیا جاسکتا ہے بحال نہیں۔
انہوں نے کہا کہ وزیراعظم کو پیر کے روز پارلیمنٹ سے خطاب کے دوران ججوں کی بحالی کے احکامات کو پارلیمنٹ سے توثیق کا اس لیے کہنا پڑا کیونکہ حکومت سمجھتی ہے کہ سپریم کورٹ نے صدر کی طرف سے لاہور ہائی کورٹ کے چیف جسٹس خواجہ محمد شریف کو سپریم کورٹ جبکہ جسٹس ثاقب نثار کو لاہور ہائی کورٹ کا قائمقام چیف جسٹس تعینات کرنے کے فیصلے کو معطل کرکے اُن کے اختیارات میں مداخلت کی ہے
http://www.bbc.co.uk/urdu/pakistan/2010/02/100216_judges_analysis_zs.shtml
There could be no other opinion that Chief Justice Iftikhar Chaudhry is becoming a serious threat not only to the country, but also to the entire democratic system that is already under tremendous stress. In fact, it is pretty much established that some behind the scene players in Pakistan are interested in seeing ‘favorable’ people take over the government and these forces are perhaps using the Chief Justice as a tool to achieve their nauseating objective. A glimpse of Iftikhar Chaudhry’s past clear all ambiguities about his agenda. Iftikhar Chaudhry was Musharraf’s appointee. Musharraf illegaly usurped power. All his actions were unconstitutional. Even Supreme Court cannot validate violation of Article 6 because Supreme Court’s jurisdiction is within the boundaries of constitution and it has no power to validate a coup yet Iftikhar Chaudhry validated the military regime and facilitated the generals. 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. Don’t you think he is a traitor, who openly violated the sanctity of constitution?. Not only Mr. Iftikhar Chaudhry but several judges of his herd both retired and serving, who had not only validated military rules in the past, but had facilitated the generals.
Mr. Chaudhry must confess he himself get restored as a result of re conciliatory process. Carried out under NRO and after striking NRO, Justice Iftikhar Chaudhry is no more a constitutional CJP. Return of democracy and restoration of judiciary could be world wide goose without NRO. Not only judiciary but almost all the major political parties benefited from the NRO, which in effect helped to heal the nation’s wounds and to move towards a mature democracy. If NRO was deal between two individuals while all the political parties and judiciary drew benefit from it????
There is a difference between validity given to Zia and the validity given to Pervaz Musharraf. In 1977 there was no parliament as it kad been dissolved by imposing martial law. But in 1999 the parliament was intact but suspended. It was only after Judges of the Supreme awarded validity to 12 Oct. action that the parliament was dissolved. Iftikkhar Ch, was one of the judges of the bench. He had neeb posted in the apex court on 25 april 2000 and they announced the judgement on May 13, 2000…….. was it special assignment of the Ch. for elevation to SCP?
akmal says: October 16, 2010 at 3:45 am Iftikkhar Ch, was one of the judges of the bench. He had neeb posted in the apex court on 25 april 2000 and they announced the judgement on May 13, 2000…….. was it special assignment of the Ch. for elevation to SCP?
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Correct and as per PML-N MNA Mr. Ayaz Amir,
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. —- 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. REFERENCE: Writing of history or triumph of amnesia? Friday, August 07, 2009 By Ayaz Amir http://www.thenews.com.pk/print1.asp?id=191800 The road to hell — and similar destinations Islamabad diary Friday, January 01, 2010 Ayaz Amir http://thenews.com.pk/daily_detail.asp?id=216323
akmal says: October 16, 2010 at 3:45 am Iftikkhar Ch, was one of the judges of the bench. He had neeb posted in the apex court on 25 april 2000 and they announced the judgement on May 13, 2000…….. was it special assignment of the Ch. for elevation to SCP?
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Correct and as per MQM
On Thursday, February 05, 2009; 2:44 AM….In the Urdu daily Jang of February 2, 2009 there was a column titled “Would Altaf Hussain participate in long march ?”, by the famous journalist Mr. Ansar Abbasi known for his research and investigative journalism. This column was a direct response to MQM’s Quaid Mr. Altaf Hussain’s address to MQM’s rabita committee in London on Jan 27, 2009. During the address Mr. Altaf Hussain put a simple question to Mr. Nawaz Shareef vis-à-vis PCO judges. that “what does the Charter of democracy’s article 3, clause (a) & (b) says about those judges who took oath under the PCO and if Mian sahib can answer this question then MQM too would diligently work with them towards the enforcement of Charter of Democracy.”. But in case Mian Nawaz fails to answer the question then it will be morally binding on him and an obligation to reconsider his decision to participate in long march. Principally & professionally speaking the answer should have come from Mian Nawaz Shareef. Alas it never came; nevertheless Mr. Ansar Abbasi took upon himself to issue a rejoinder. Peoples Party’s Shaheed Chairperson Mohtarma Benazir Bhutto and Mian Nawaz Shareef put their signatures on the Charter of Democracy (COD) comprising of 7 pages, 4 important topics and 36 articles in London on May, 14, 2006. But here we will only talk about the relevant points brought up by Mr. Ansar Abbasi, explained and deliberated upon in the aforementioned column. Mr. Abbasi says that COD’s article 3(a) explains the procedure for appointment of new judges and that Article 3(b) addresses the already appointed judges of higher courts with relevance to their oath taken under PCO.
Indeed this is true that Article 3 (b) addresses the oath taken by superior courts judges under the PCO and this is exactly said in the COD that “No judge shall take oath under PCO and nor shall he take any oath whose language stands at odds with the 1973 constitution’s defined language for oath of judges”.
Let’s read the exact text of the relevant Article from the COD. Under Article 3(a) it says “The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following: (i). The chairman shall be a chief justice, who has never previously taken oath under the PCO.”
Ansar Abbasi in his column translates it as “The recommendations for the appointment of judges for the superior courts shall be undertaken through a Commission. This commission will comprise of following individuals.
1) The Commission’s chairman shall be a Chief Justice, who has never previously taken oath under PCO”. Mr. Ansar Abbasi himself mentions that “according to this Article Mr. Iftikhar Chaudhry (deposed) Chief Justice cannot become the chairman of this commission which has been entrusted with the task of making recommendations for the appointment of new judges. And for this any chief justice who in past did not take oath under PCO stands eligible to become chairman of this commission”. Our question to Mr. Ansar Abbasi when he openly admits that according to COD’s Article 3(a) Mr. Iftikhar Chaudhry (deposed) CJ cannot become chairman of the commission that will make recommendations for the appointment of judges to superior courts and is not eligible for the task then how can he according to Article 3(a) be eligible to hold the highest and honorable office of the superior court? Knowing this reality in its totality and fully well would it be right and legal to demand his restoration?
A very amusing point that MR Ansar Abbasi brings forth with regards to Article 3(a) in his column; it says “this sub-article has nothing to do with the current judges and that few people according to a well thought of plan are interpreting Article 3(a) in such a way so as to make the restoration of Mr. Iftikhar Chaudhry controversial and create confusion in common people”. But after explaining Article 3(a) he says “the authors of COD after much thought did not use the word “The Chief Justice” of Pakistan but used “a chief justice” since they knew that the chief justice of that time and those who will follow as chief justice will be those who took oath under the 2001 PCO”.
Quite strikingly Mr. Abbasi accepted the fact that in May 2006 this particular Article in the COD was specially included for the chief justice in office at that time and his brother justices who had taken oath under PCO so that Mr. Iftikhar Chaudhry and other justices who took oath under General Pervez Musharraf’s PCO will stand disqualified for appointment as superior court judges. Moreover this is absolutely true that on May 14, 2006 when Mohtarma Benazir Bhutto Shaheed and Mian Nawaz Shareef signed the COD, both the leaders had no clue and nor did the senior leadership of two parties knew anything or for that matter the leaders of lawyers movement had any idea that on march 9 a reference would be filed against Mr. Iftikhar Chaudhry the sitting chief justice of Pakistan, that on November 3 General Musharraf would again impose emergency in the country and that judges would again be required by him to take new oaths under the PCO. As for making Mr. Justice Iftikhar Chaudhry controversial, it is those parties who are dragging him into political rallies and processions that are to be blamed. As a justice Mr. Iftikhar Chaudhry deserves the respect and protocol that comes with the office. Sadly & with due respect the chief justices and judges of superior courts are not only and strictly prohibited from public appearances, attending or endorsing political rallies and agendas, but even barred from attending private functions of such nature. But the honorable justice thought it right to go ahead with attending political rallies and processions and let the exalted office of chief justice go to the street and let himself become a spectacle on top of being controversial.
PML (N) leadership came up with the ludicrous argument that PCO’s mention in the COD is with reference to those judges who took oath on November 3, 2007. The question is that when the signatures were being put on charter of democracy on May 14, 2006 it was way before November 3, 2007, then whether PML (N) leadership got the premonition that on November 3, 2007 judges will take oath under the PCO? As per Ansar Abbasi if Article 3(a) of COD has no relevance with current judges or of any consequence to them then who are these particular PCO judges mentioned in the COD, since before January 2000 the PCO came in General Zia-ul-Haq’s martial law in 1977 and none of those PCO judges from General Zia’s time were present in the judiciary of 2007. Accordingly it proves that in the COD announced on May 14, 2006 the very mention of PCO refers to the PCO of General Musharraf introduced in January 2000 and those who took oath on it.
The fact is that in the COD the issue of judges taking oath under PCO has been dealt with utmost seriousness and in Article 3(a) clause (2) with reference to procedure for appointment of judges in superior courts that it clearly says commission that makes recommendations for the appointment of judges, its members shall be Provincial High Court Chief Justices who have never taken oath under PCO. In case the criteria are not met then it will be senior most judges who will be members of the commission and those who have never taken oath under PCO. If in January 2000 there had been no PCO by General Musharraf and Justice Iftikhar Chaudhry and his brother justices not taken oath under the PCO and provided constitutional protection to General Musharraf’s dictatorship, then it is our firm belief that in COD the mention of judges who took oath under PCO and their appointment would not have been mentioned as an Article in order to disqualify them. But on the contrary this would not have been an issue at all.
Mian Nawaz Shareef, Qazi Husaain Ahmed, Imran Khan and their like minded political leaders, lawyers, Ansar Abbasi and others of same thought look down on the current Supreme Court Chief Justice Mr. Abdul Hameed Dogar and judges appointed under the PCO after the emergency of November 3, 2007 and don’t spare a moment in maligning them and consider them unconstitutional. Mian Nawaz Sharif has taken the extreme position of not recognizing them and has not hesitated in using derogatory and uncouth language such as “anti-state elements”, “traitors” and ”anti-Pakistan” and keeps using it in public. We have one question to all the above mentioned personalities and with all due respect we ask if Mr. Chief Justice Abdul Hameed Dogar and other judges taking oath under PCO on November 3, 2007 in their eyes was a serious and punishable crime then Mr. Justice Iftikhar Chaudhry’s oath on January 4, 2000 under General Musharraf’s first PCO too falls in the category of a serious and punishable crime. Then why do they present this one judge who committed the same unconstitutional act as a hero and the other as a traitor? Was General Musharraf’s PCO in 2000 was correct and in accordance with the constitution of Pakistan? If this is true then the Chief Justice of that time Mr. Saeed-uz-Zaman Siddiqui, Justice Nasir Aslam Zahid, Justice Wajeehuddin Ahmed, Justice Kamal Mansoor Alam, Justice Mamoon Kazi, and Justice Khalil-ur-Rahman would not have said no to taking oath under PCO and would not have said that we have already taken oath under the constitution of Pakistan and therefore we will not take a second oath under the PCO. These were the true heroes of judiciary those who demonstrated strength of character and were brave enough to not to take oath under PCO and instead submitted their resignations. This most important chapter in Pakistan’s legal history went unnoticed by Mian Nawaz Shareef and by the leadership of PML (N) who are always at the forefront of all kinds of foul and malicious attacks on Supreme Court. Rather they never came out on streets at that time, nor protested or bothered to become champions of judiciary. Nor did the lawyers who are ardently campaigning for restoration of deposed Chief Justice Iftikhar Chaudhry and equate it with freedom of judiciary ever bothered to come out at that time and launch protests. Neither did Mr. Ansar Abbasi custodian of the pen and freedom of expression bothered to come out and lodge angry protests and columns. The sad irony is that lawyers and those political leaders who are at the forefront of long marches, waving angry fists and raging in fury never bothered to come out for Chief Justice of that time Mr. Saeed-uz-Zaman Siddiqui, Justice Nasir Aslam Zahid, Justice Wajeehuddin Ahmed, Justice Kamal Mansoor Alam, Justice Mamoon Kazi, and Justice Khalil-ur-Rahman. Not even a mild protest or statement from these lawyers was registered or launched in favor of these true heroes of judiciary. Why this dual approach and where was the civil society then? And what were the prominent members of ex-servicemen’s society doing at that time or were they hiding in some hole? Where was their sense of democracy at that time? Had Justice Iftikhar Chaudhry taken the honorable and brave step of siding with the judges who refused to take oath under General Musharraf’s PCO in 2000 then MQM too would have been at his side, as MQM’s demand and stand is principled, MQM questions as to why is only the restoration of the Nov 2 2007 judges being demanded & why not the judges who refused to take oath under PCO in 2000 and are true heroes who stood up like true men and should all be restored.
MQM strictly adheres to the principled stand that if Justice Iftikhar Chaudhry’s taking oath in 2000 under General Musharraf’s PCO is acceptable and correct according to Ansar Abbasi and his confidantes and like-minded then how is that judges who took oath on November 3, 2007 under General Musharraf’s second PCO could be illegal ? If one judge who took oath under one PCO is judiciary’s hero, protector and flag bearer of the constitution and considered champion of law then how is it so that another judge who took oath under second PCO can be declared as the villain of judiciary ? and one who abrogated constitution ? If the oath taken on November 3, 2007 by judges was wrong then how is that oath taken earlier in 2000 under the first PCO by General Musharraf by justice Iftikhar Chaudhry was legit and right in the eyes of law ? Asking to restore judges appointed under the first PCO and taking out long marches in their support and when it comes to judges who took oath under second PCO showing utter and abject disregard , calling them as unconstitutional and demanding for them to be removed is nothing short of blatant dichotomy in the character and logic of those who are espousing Justice Iftikhar Chaudhry’s restoration. If the PCO of January 2000 was right and legit then how that is the PCO of November 3 2007 was wrong and illegal? If the second PCO was wrong and illegal then how can the first PCO be declared as right and legit?
Ansar Abbasi and his like minded political and religious leadership, members of legal community curse and accuse General Musharraf for breaking the constitution, twice introducing PCO, keeping both President & Army Chief offices, fighting elections in uniform and distorting the constitution of the country. Alongside they also demand the restoration of the judiciary of November 2, 2007. Basically they want the restoration of the judiciary whose Chief Justice was Iftikhar Chaudhry. For those with short memories let me remind them with great respect that General Musharraf’s takeover on October 12 1999 and his non-democratic step and his chief executive’s position was validated under doctrine of necessity by whom? In 2000 General Musharraf was allowed to postpone elections for two years by whom? Again in 2002 and in 2005 General Musharraf had both the offices of Chief of Army Staff as well as President and a constitutional writ that was filed against it in Supreme Court was rejected by whom?
Yet again on September 28th 2007 who gave permission to General Musharraf to fight elections in uniform? Was it the Dogar Judiciary as cynically put by Nawaz Shareef or was it the judiciary of November 2, 2007 that rejected the constitutional writs against General Musharraf regarding his Chief of Army Staff uniform, these writs according to Article 184(3) were declared as non maintainable and rejected by whom?
If Mr. Ansar Abbasi and his like minded friends and cronies call General Musharraf a dictator and usurper then who gave sanctuary and constitutional protection to this dictator’s extra-constitutional steps?
In due consideration and full acknowledgement of these facts and in light of this evidence Mr. Ansar Abbasi should sincerely ponder and seriously reflect as to whom is the true violator of the Charter of Democracy? Whether it is MQM or was it Nawaz Shareef and his political allies and confidantes who in demanding the restoration of PCO judges are standing accused of violating their own charter of democracy? If Ansar Abbasi and his confidantes and like minded political friends think and view the COD as that sacrosanct document that if its is not practiced then the entire judiciary, parliamentary system and democracy can be declared as non constitutional and can lead to the turning of tables on democracy and its lynching then principled approach and scruples tell us that if one has faith in COD then one should not talk of restoration of an individual who took oath under a dictator’s PCO, someone who provided full protection to the dictators extra constitutional transgressions. And if one only wants to talk out loud on the COD and not to practice it in spirit , then those who talk out the loudest on the COD should instead of long march go to the Constitution Avenue in Islamabad and burn this COD in the presence of public and in their court and to stop fooling people and pray for their forgiveness.
Would Mr. Ansar Abbasi exhibit moral courage to seek nation’s forgiveness for supporting Mr. Iftikhar Chaudhry a person who took oath under General Musharraf’s PCO, a person who provided constitutional protection on many occasions to General Musharraf’s extra-constitutional steps? MQM’s leader Mr. Altaf Hussain sacrificed his party’s interest in lieu of the sensitive national security situation, the perils that democracy is facing today and for its survival in Pakistan. But is that what Mr. Ansar Abbasi would like to see that we put the entire country at stake for one person’s ego arrogance and his employment? Would MR Ansar Abbasi like to sacrifice the entire country, throw democracy in tailspin and put it to the torment of long marches, shutter-down strikes, chaos and lawlessness in these perilous times? Is MR Ansar Abbasi ready to back a long march and sit-downs that aims to destabilize the elected parliaments and to rock democracy’s boat and only to lead to have it trampled under some new dictator’s boots? Mr. Ansar Abbasi and his confidantes and like minded friends will for the sake of democracy have to select between an individual and our country’s democratic system. Is Mr. Abbasi he ready to do it? REFERENCE: A Riposte to Ansar Abbasi By Mustafa Azizabadi Member – Central Rabita Committee & In charge Central Media cell. MQM http://www.mqm.org/English-News/feb-2009/azizabadi-article07-02-09.htm
chief juticfe iftikhar chaudery was,is and will remain a very corrupt self centered and opportunistic person ..when whole pakistani nation was going onto streets like crazy to support him i had written many articles on websites to tell people not to support this corrupt guy.but pakistani nation is such a foolish nation it came out on streets to reinstate a corrupt chief justice.this same nation never comes out on streets for anything positive.
musharaf was an enemy of pakistan we all agree.but his deed of firing iftikhar chaudery was correct,as chief justice really did do corruption in past .one example being his sons career which was fully made by iftikhar chaudery himself by unfair means.
since getting reinstated the same chief justice iftikhar has behaved even worse than the PCO judges,he refusesto listen to cases for missing persons and is a important part of present corrupt army civil government set up.he is giving stability to these anti pakistan elements
I think his judgment in Rinkle Kumari’s case was flawed in law and showed the devil in him.
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