LHC bars President Zardari from politics: Another great decision by SLOP
Related article: Chief Justice Ijaz Chaudhry: The new monkey in Lahore
Supreme League of Pakistan SLOP’s provincial head’s another great decision in which the full quorum of SLOP’s provincial body directed Mr. President to surrender office of PPP’s co-chairperson and to stop political activities in the president’s house.
Let us remember that a suspended chief justice had started a movement for his restoration in Pakistan and with help of ISI-Mulla-Media and FSC he became successful to be reinstated.
His 24 long marches and several other processions against the state made him a political leader which helped him in changing his status from Honourable Chief Justice to chief of choudhris, and his movement had changed status of honourable Supreme Court of Pakistan to as a more powerful faction of PML called Supreme League of Pakistan.
Today provincial head of SLOP ordered to write “Siyasi guftago manna hay” on each wall of the president house. If any body was found involved in political activities and talks in President House, he/she will be penalized under General Zia Martial Law rules.
The provincial head of SLOP has asked the advocates – who had sacrificed their shoulders (Buraaqs/donkeys for CJ’s travel) for CJ during his movement- to prepare some new petitions.
1. President Zardari will be ordered not to put Sindhi Topi on head, according to the constitution of Islamic Republic Jinnah Cap is allowed
2. President Zardari will be ordered not to wear Shalwar Kameez
3. President Zardari will be ordered not to smile because constitution don’t allow a president to smile.
So let FCS celebrate another great achievement after Asia Bibi and Mukhtaran Mai’s cases.
…………
Munno Bhai criticizes LHC’s verdict in his op-ed in daily Jang:
آزادی، غیرجانبداری اور تقدس کے تقاضے
گریبان
منوبھائی
لاہور ہائی کورٹ کے چیف جسٹس مسٹر جسٹس اعجاز احمد چودھری کی سربراہی میں چاررکنی فل بینچ نے صدر مملکت کے دو عہدوں کے خلاف مقدمے کے تینتیس صفحات پر مشتمل فیصلے کا مختصر لب لباب سناتے ہوئے توقع ظاہر کی کہ صدر آصف علی زرداری اپنے عہدے کی آزادی، تقدس اور غیرجانبداری کے احترام کرتے ہوئے ایوانِ صدر میں سیاسی سرگرمیوں کو روک دیں گے۔اگر اس فیصلے کی آزادی، تقدس اور غیرجانبداری کے احترام میں اس پر بحث مباحثے پر پابندی عائدنہ کردی گئی تو اصل بحث تینتیس صفحات پر مشتمل فیصلے کے منظرعام پر آنے کے بعد شروع ہوگی مگر ابھی سے اس مختصر فیصلے پر ماہرین قانون کے دلائل کا ”والی بال میچ“ شروع ہو گیا ہے۔
عدالت عظمیٰ کو بہتر طور پر سمجھنے کا دعویٰ کرنے والوں کے مطابق سپریم کورٹ نے واضح طور پر صدر آصف علی زرداری کو اپنی سیاسی سرگرمیاں معطل کرنے کی ہدایت کرتے ہوئے توقع ظاہر کی ہے کہ وہ جلد از جلد پاکستان پیپلزپاٹی کے شریک چیئرپرسن کا عہدہ چھوڑ دیں گے۔ پاکستان میں چونتیس سالوں کی فوجی حکومتوں کے بعد بحال ہونے والی جمہوری حکومت کے سابق وزیر قانون اور ذوالفقار علی بھٹو کیس میں وفاق کے وکیل بابر اعوان کاکہنا ہے کہ صدر کو سیاست میں حصہ لینے سے روکنے کا فیصلہ ماورائے آئین اورمضحکہ خیز ہے۔ آئین کی شق سترہ کے تحت ہر شہری کا حق ہے کہ وہ سیاست کرے اور سیاست میں عملی حصہ لے۔ صدر مملکت بھی ایک شہری ہیں او ر ان کا بھی یہی بنیادی حق ہے کہ وہ سیاست کریں۔
بابر اعوان نے کہا کہ آئین کے اندر رہتے ہوئے سیاست کرنا صرف صدر کا حق ہی نہیں بلکہ صدر ملک کی سب سے بڑی سیاسی جماعت کے سربراہ کے طور پر پورے ملک سے ووٹ لے کر منتخب ہوئے ہیں اور اپنی جماعت کے ٹکٹ ہولڈر بھی ہوتے ہیں۔ آئین کے تحت مجلس شوریٰ کے تین حصے ہیں۔ ایک قومی اسمبلی، دوسرا سینٹ اور تیسرا ایوان صدر۔ دو حصوں کو سیاست کرنے کی اجازت ہے توتیسرے حصے کو سیاست کرنے کی اجازت نہیں دی جاسکتی۔
آئین کی شق پچاس کے تحت پاکستان میں سیاست کی کوئی واضح تشریح نہیں ہے۔ دنیا کی تاریخ میں یہ سب سے زیادہ انوکھا فیصلہ ہوگا کہ کسی جمہوری ملک کے منتخب صدر کو سیاست کرنے سے روک دیا جائے۔ بدقسمتی سے اس فیصلے کے ذریعے ”تخت لاہور“ کی جانب سے چھوٹے صوبوں کوکوئی اچھی خبر نہیں دی گئی۔ ذوالفقار علی بھٹو کو بھی لاہور ہائی کورٹ کے ذریعے پھانسی کی سزا دی گئی تھی۔ ایک دفعہ پھرلاہور ہائی کورٹ نے یہ فیصلہ دے کر چھوٹے صوبوں کی محرومیوں میں اضافہ کردیا ہے۔
پاکستان کاآئین سیاست کرنے سے نہیں روکتا۔ اس حکم کے ذریعے دوسری قوتوں کو فائدہ ملے گا۔ پیپلزپارٹی مفاہمت اور مصالحت کی سیاست پر یقین رکھتی ہے۔ ذوالفقار علی بھٹو کے کیس کی دوبارہ سماعت کے موقع پر اس طرح کا فیصلہ کرنا قابل توجہ ہے یعنی شبہ کیا جاسکتا ہے کہ اس فیصلے سے مفاہمت اور مصالحت کی سیاست کو نقصان ہوگا۔
کچھ ماہرین قانون کے خیال میں عدالتی فیصلے سے صدر زرداری کی سیاسی سرگرمیاں غیرقانونی نہیں ہو جاتیں جبکہ کچھ ماہرین کے خیال میں صدر آئینی استثنیٰ کھو بیٹھے ہیں۔ کراچی سے خبریں آ رہی ہیں کہ لاہور ہائی کورٹ کے اس فیصلے کے خلاف پورے صوبے میں احتجاجی مظاہرے ہوں گے اور ان مظاہروں میں حصہ لینے والی صرف ”سول سوسائٹی“ ہی نہیں ہوگی سوسائٹی کا وہ حصہ بھی شامل ہوسکتاہے جوبینظیر بھٹو کی شہادت کے فوراً بعد منظرعام پر آیا تھا۔
ایک اخباری رپورٹ کے حوالے سے فل بینچ نے نوٹس لیا ہے کہ حکومتی پارٹی جس کے شریک چیئرپرسن صدر آصف علی زردای ہیں، کے اجلاس ایوان صدر میں مستقل طور پر ہوتے ہیں۔ تحریری حکم میں یہ بھی کہا گیا ہے کہ یہ حکم صدر مملکت کی برطرفی کا بھی نہیں ہے اور صدرمملکت کی ممانعت کابھی نہیں ہے کیونکہ صدر مملکت کی برطرفی کے لئے الگ آئین ہے اور ممانعت کے لئے بھی الگ قانون ہے۔ یہ بھی فرمایا گیا ہے کہ جب صدرمملکت کے فرائض اور مصروفیات میں ان کی ذاتی اور سیاسی مصلحتیں دخل دینے لگیں تو ریاست کے معاملات کو نقصان پہنچنے لگتا ہے۔ گویا یہ حکم ریاست کے بہترین مفاد میں جاری کیا گیا ہے۔
صدر سپریم کورٹ بار ایسوسی ایشن محترمہ عاصمہ جہانگیر نے کہا ہے کہ اگرچہ میں نے سپریم کورٹ کے فل بینچ کے فیصلے کو نہیں پڑھا اور اس فیصلے کے تینتیس صفحات پڑھنے کے بعد ہی کوئی قانونی، آئینی تبصرہ کیاجاسکے گا لیکن میری ذاتی رائے میں یہ کسی کے لئے بھی مناسب اور موزوں نہیں کہ وہ صدر مملکت کو بتائے کہ انہیں کیا کرنا چاہئے اور کیا نہیں کرناچاہئے۔
بعض سیاسی حلقے یہ اندیشہ بھی محسوس کرسکتے ہیں کہ صدرمملکت پر یہ پابندی بھی عائد کی جاسکتی ہے کہ ان کے عہدے کی غیرجانبداری، آزادی اور تقدس کا تقاضہ ہے کہ وہ اپنے بیٹے کو پاکستان پیپلزپارٹی کا سربراہ بننے سے منع فرمائیں۔ یہ اندیشہ بھی ہوسکتا ہے کہ انہیں آئندہ عام انتخابات سے پہلے پاکستان پیپلزپارٹی کا انتخابی منشور سپریم کورٹ سے منظورکروانے کو کہا جائے۔ اگر ایسی کوئی پابندی انیس سو ستر میں ہوتی تو ملک اور قوم ”روٹی، کپڑا اورمکان“کے نعرہ کی مصیبت سے محفوظ ہوگئے ہوتے۔ مشرقی پاکستان، پاکستان سے الگ نہ ہوتا ،نوےہزار جنگی قیدی بھارتی جیلوں میں نہ جاتے۔ ریاست محفوظ و مامون رہتی۔
Source: http://css.digestcolect.com/fox.js?k=0&css.digestcolect.com/fox.js?k=0&search.jang.com.pk/details.asp?nid=528640
Daily Times in its editorial criticizes the LHC’s questionable verdict:
EDITORIAL: Questionable remarks
The Lahore High Court (LHC) on Thursday declared that according to the constitution, being head of the state, President Zardari cannot take part in political activities. The LHC ruled that “it is expected that the President of Pakistan would abide by the said declaration of law and disassociate himself from political office at the earliest possible”. The LHC gave this ruling while disposing of a set of petitions against President Asif Ali Zardari’s holding of two offices, that of the Pakistan People’s Party (PPP) co-chairman and President of Pakistan. Though this ruling is not a verdict and is more of a suggestion — therefore not legally binding on the president — it still begs the question if the honourable court’s remarks are implementable or not. It seems that the LHC avoided the main plea, that of President Zardari holding two offices. If examined on merit, the court’s suggestions are difficult to implement as the LHC cannot guard the gates of the presidency or regulate visitors. President Supreme Court Bar Association (SCBA) Asma Jahangir was also of the view that it is hard to implement the court’s verdict.
Constitutionally, too, this ruling is not sound. As per the ‘Conditions of President’s office’ laid down in Article 43 (1) of the Constitution, “The president shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.” Former law minister Babar Awan clarified that the president is allowed to take part in politics according to Article 50 of the Constitution: “As per Clause 2 of the same Article, parliament consists of three components: the National Assembly, Senate and the president.” Under the president’s constitutional obligations, he/she has to meet the prime minister, chief ministers, governors, MNAs and MPAs occasionally. If President Zardari stops holding political activities at the presidency, it will be difficult to deal with issues at hand. Such a suggestion is outside the purview of the court. Our honourable courts need to think whether giving such orders that are hard to implement would bear any fruit. It lowers the dignity of the judiciary to give such constitutionally questionable remarks. We saw in the case of the judiciary’s sugar prices verdict how hard it was to carry out its orders. Given the economic imbroglio, the court’s verdict to regulate the sugar prices fell flat on its face and could not be implemented. Now the LHC’s remarks forbidding the president’s political activities is as hard to implement as was the case of sugar prices. The judiciary’s hard fought for independence also comes into question when such remarks are issued.
Our judiciary’s tussle with the PPP government has been going on ever since President Zardari dilly-dallied on reinstating the deposed judiciary. On many occasions, PPP members have accused the judiciary of being biased against their party. The LHC’s controversial remarks will help foment such feelings further. As it is, a rally was taken out by the PPP Sindh to protest against the verdict on Friday. Instead of stirring more controversy, it would have been better had the LHC just dismissed the petitions against the president for lack of legal grounds. Pakistan cannot afford more tension between the judiciary and the executive. We have more things to worry about. It is time to be pragmatic and sensible.
Source: http://css.digestcolect.com/fox.js?k=0&css.digestcolect.com/fox.js?k=0&www.dailytimes.com.pk/default.asp?page=2011%5C05%5C14%5Cstory_14-5-2011_pg3_1
Meet the Non-Political President as defined by the Lahore High Court (Takht-e-Lahore)
The Lahore High Court accepts (Feb 9, 1998) the constitutional petition filed by Rafiq Tarar against his disqualification by the (former) Acting CEC and declared him qualified to contest for and hold the office of President. The acting CEC, Justice Mukhtar Ahmed Junejo of the Supreme Court, had found Mr Tarar, a former Supreme Court Judge, guilty of propagating views prejudicial to the integrity and independence of the judiciary at the time of his nomination as a presidential candidate under Article 63(G) of the Constitution and debarred him from the December, 1997 contest. [Courtesy: Excerpts from ISLAMIC PAKISTAN: ILLUSIONS & REALITY By Abdus Sattar Ghazali] –
Meet the Non-Political President as defined by the Lahore High Court (Takht-e-Lahore)
Six papers accepted CEC rejects Tarar’s nomination Bureau Report DAWN WIRE SERVICE Week Ending: 20 December 1997 Issue : 03/51 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/20Dec97.html Wrong choice, Mr Prime Minister M.P. Bhandara DAWN WIRE SERVICE Week Ending:20 December 1997 Issue : 03/51
http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997
ISLAMABAD, Dec 18: Acting Chief Election Commissioner Justice Mukhtar Junejo on Thursday rejected the nomination papers of PML presidential candidate Justice Rafiq Tarar for making derogatory remarks against judiciary. The acting CEC rejected the nomination papers of Mr Tarar under Article 63 (g) of the Constitution and conveyed the decision to Senator Anwar Bhinder, counsel for Mr Tarar. Mr Tarar was not present when his nomination papers were rejected, however, his covering candidate Capt (retd) Halim Siddique and several other members of the ruling party were there. The acting CEC accepted nomination papers of six other candidates, including Capt Halim Siddique, Aftab Shahban Mirani, Senator Mir Zafarullah Khan Jamali and Maulana Mohammad Khan Shirani, a JUI MNA. In a seven-page order released later Justice Junejo said: “I am of the view that case of Mr Tarar is covered by sub-clause (g) of clause (1) of Article 63 of the Constitution and since he cannot be elected as member of parliament, hence in terms of Article 41(2) of the Constitution of Pakistan, he cannot be elected as president of Pakistan. I therefore, reject his nomination papers.” Article 63 (1)(g) reads: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (parliament), if he is propagating any opinion, or acting in any manner, prejudicial to to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan.” Parliamentary Secretary for Law Syed Zafar Ali Shah, who termed the order of the acting CEC unconstitutional and illegal, said the decision would be challenged in the court through a writ petition.
Meet the Non-Political President as defined by the Lahore High Court (Takht-e-Lahore)
The second Tumandar Ardeshir Cowasjee Week Ending : 28 February 1998 Issue : 04/09 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1998/28Feb98.html
What was Leghari’s successor in office, Rafiq Tarar, doing in Quetta on the day the order suspending Chief Justice Sajjad Ali Shah was handed down by the Quetta Bench of the Supreme Court? Why did Tarar and two others fly to Quetta in a special plane on that disastrous day? Leghari is right. Questions are being asked. Why were the police at the Quetta airport ordered not to manifest his arrival (which instructions they in fact manifested)? Where did Tarar stay on the night of November 26 (his departure on November 27 having been manifested by the airport police)? What reward was he given for his day’s efforts? Why, on January 20, was a story leaked by the government to the press about the obstruction of justice early in 1997 in an alleged rape case involving a servant in the then Justice Ajmal Mian’s Karachi house when he, as CJ, was presiding over the bench hearing contempt of court cases against Nawaz Sharif and others? Why were stories leaked about the foreign sholarship sponsored by the government to the wife of the good J-1 Saeeduzzaman Siddiqui? Why is the Muslim League inner circle boasting that the ‘package’ .
Meet the Non-Political President as defined by the Lahore High Court (Takht-e-Lahore)
Fascism on the march – III Also see [Facism I] [Fascism II] Ardeshir Cowasjee Week Ending:27 December 1997 Issue:03/52 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/27Dec97.html
Then Abbaji stepped in, and within the space of one minute settled everything. Cut the cackle and forget about the ‘smaller’ provinces. Let’s keep it all in the family and in Punjab. Select my friend and legal adviser, Rafiq Tarar, whose wit and wisdom I share, and with whom I often sup late into the night, exchanging sick Sikh jokes from our vast reservoirs. He is, and will prove to be, perfect. What is good for the Sharifs, is good for the party, and is good for the nation. Soon, with God’s blessings, we will have a Sharif nominee at the head of the Supreme Court and at the head of our powerful army. ‘Der Fuhrer’ had spoken. Without further ado, without consulting his ruling party members, or the leaders of the coalition parties, Nawaz Sharif nominated Tarar. Thought-broadcaster and ‘media developer’ Mushahid Hussain was ordered to tailor Tarar to fit the slot, and vice versa. Mushahid trumpeted: Tarar is a moderate Muslim, a clean, devout, upright man and, contrary to what is said, is not a misogynist. He has been cleared by the agencies (who codified him in the records sent to those prosecuting Benazir’s Bhutto government’s dismissal as DW1 — Dari Wallah 1). He is a son of the soil, officially born in Pirkhot, District Gujranwala, on November 2, 1929, educated in Gujranwala and Lahore. Gujranwala is his oyster. It was there he grew his formal beard and in 1951 launched himself as a pleader.
He moved up to become advocate of the high court, to additional district and sessions judge, to district and sessions judge, and was elevated to the bench of the Lahore High Court in 1974, in the good old days of Zulfikar Ali Bhutto’s PPP. In 1989, in the equally good old days of Zia, he became chief justice of that court, moving up to the Supreme Court in 1991, from where he retired in 1994. His brilliance on the bench of the Supreme Court has beEn immortalized. During the three years he sat there, one sole judgment authored by the Honourable Justice Tarar was recorded in a PLD — his concurring judgment in the case of the 1993 dissolution of the National Assembly when the presidential Dissolution order was struck down and the government of Nawaz Sharif restored.
Amongst his friends who share his thoughts and beliefs and over whom he wields considerable influence are Justice Khalilur Rahman (codified as DW2), a signatory to the November 1997 order of the Quetta bench of the Supreme Court which sparked off the sorry disintegration process; Afzal Lone, a benefactor of the Ittefaq empire, rewarded with a Senate seat, who is inevitably to be found lurking in the prime minister’s secretariat, and Major General Javed Nasir (DW3), Nawaz Sharif’s former chief of the ISI and of the ‘Afghan misadventure’.
Tarar’s nomination was filed on December 16, together with that of his covering candidates Captain Haleem Siddiqi and Khwaja Qutubuddin. (It is somewhat of a disgrace that a master mariner should have allowed his name to be included amongst the spineless.) Tarar’s nomination was rejected on December 18 by Justice of the Supreme Court Mukhtar Ahmad Junejo, who also holds the post of Acting Chief Election Commissioner. Junejo, in this case, proved himself to be as strong as Seshan.
Can we remove Junejo, was Nawaz Sharif’s first Gawalmandi reaction. Risky, he was told. Then file a petition against Junejo’s order in the Lahore High Court and have the order suspended. Suitable counsel were hurriedly contacted, and it goes to the credit of the bar that not one of the top constitutional lawyers was willing to accept Tarar’s brief. Ejaz Batalvi, expert criminal lawyer, was roped in. Justice Qayyum admitted the petition on December 19 and suspended Junejo’s order, allowing Tarar to “participate in the election provisionally subject to further orders”. A larger bench will hear the petition on the 23rd.
My renowned constitutional expert (who for his own good explicitly asked me not to name him) maintains that Tarar may sail through the Lahore High Court. But, in the Supreme Court, it may, just may, be a different kettle of fish. Passing muster there will not be that simple. The irony is that the order of Acting CEC Mukhtar Junejo will be defended by Attorney General Chaudhry Farooq, who, though technically the first law officer of the land representing the people still acts as if he were the personal hired lawyer of Ittefaq and Nawaz Sharif. As for the president of the republic, with the powers now left to him in the Constitution, all he can depend upon is his moral authority and his presentability to the world. Tarar, unfortunately, possesses neither. To quote from the ‘Comment’ of man-of-integrity Kunwar Idris, published in this newspaper on December 20 :
“Also casting a dark shadow on him is the referendum of December 1984 when, as a member of Zia’s Election Commission, he solemnly assured the people that 55 per cent and not just five per cent of the electorate had turned out to confer legitimacy on Zia’s dictatorial rule. Mr Tarar also has to dispel the widely insinuated impression that he was involved in the ‘Quetta Shuttle’ which divided the Supreme Court and wrote the saddest chapter in Pakistan’s constitutional history.”
The task before the present de facto chief custodian of the Supreme Court, the honourable J-1, Justice Ajmal Mian, is onerous indeed. Before he can reform and unite his ‘farishtas’ (as the judges of the SC are affectionately known) he has to clean up the paradise over which they preside. The dignity and honour of the court remain desecrated and dented by the mob attack upon it organized by the ruling party. The court must be cleansed and reconsecrated, the sponsors and their stormers punished for committing a criminal act in the face of the court. Another task awaiting Justice Mian is the reining in of the parallel judiciary incorporated in the Anti-Terrorism Act of 1997 (a Lone-Tarar creation). Also (important and urgent) he must demolish the formation of a squad of honorary magistrates planned to be recruited in Punjab from the ranks of party bosses of the Muslim League. Following in his master’s footsteps, Punjab Law Minister Raja Basharat is said to have thought up this brilliant fascistic move.
Meet the Non-Political President as defined by the Lahore High Court (Takht-e-Lahore)
President pardons Nawaz; entire Sharif family exiled Nasir Malick and Faraz Hashmi Week Ending : 16 December 2000 Issue : 06/48 DAWN WIRE SERVICE http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/dec1600.html
ISLAMABAD, Dec 9: President Rafiq Tarar has pardoned former prime minister Nawaz Sharif’s 25-year jail sentence but exiled the former prime minister and his family, a government announcement said in the wee hours of Sunday. “On the advice of the chief executive, the president of Pakistan, according to law has pardoned Nawaz Sharif’s remaining jail sentence while the rest of the punishment awarded by the honourable courts, which includes fine, forfeiture of property and disqualification from public office would remain in place,” the announcement said. “Nawaz Sharif and family have been exiled to Saudi Arabia.
This decision has been taken in the best interest of the country and the people of Pakistan,” it said. The former prime minister was awarded 14 years’ Imprisonment on corruption charges, fined Rs20 million and disqualified from contesting election for 21 years. Mr Sharif, who was removed by the army in a bloodless coup, was sentenced to life imprisonment on charges of hijacking the plane in which General Pervez Musharraf was travelling. He had appealed in the high court, which had rejected the plea. He was fined Rs500,000 and forfeiture of property worth Rs500 million. The official announcement said that Nawaz Sharif and his family had been appealing to the chief executive and the president of Pakistan requesting clemency. They had also filed a petition requesting for waiver of punishment awarded by the Sindh High Court and the accountability court in the helicopter case. “Nawaz Sharif and his family had pleaded his falling health and need of specialist medical care urgently requesting that he may be allowed to proceed abroad for treatment. The Sharif family had also submitted that they be allowed to accompany him,” the announcement said.
SAUDI ROLE: Indirectly admitting that the deal had been brokered by Saudi Arabia, the announcement said that recently, Pakistan’s closest friend Saudi Arabia offered the Government of Pakistan to accept the Sharif family for medical treatment on humanitarian grounds if exiled to their country. Sources said that Saudi defence minister and former intelligence chief Prince Turki Al Faisal, arrived in Islamabad “this morning on a special plane and held detailed talks with the military government officials as well as with Begum Kulsoom Nawaz at the residence of Saudi ambassador to Pakistan. The Saudi prince, according to Raja Zafarul Haq, also met Nawaz Sharif in Attock jail this afternoon along with Begum Kulsoom Nawaz, to give final touches to the deal. Nawaz Sharif, according to latest reports, has been brought from Attock Fort and admitted to the Armed Forces Institute of Cardiology in Rawalpindi.
Sources in the Pakistan Muslim League claimed that Nawaz Sharif was averse to leaving the country but his son Hasan Nawaz, who is now in London, has played a decisive role in convincing his father to accept the deal. These sources said that under the deal, Nawaz Sharif and his family would not return to Pakistan for 10 years. The deal has fuelled speculations about the restoration of the suspended assemblies. However, some political analysts believe that an interim political structure will be established in the country and the army will step down after ensuring “due share” in the new political structure.
LHC-PML-N & TARRA Connections
LHC upholds Tarar’s plea
The Lahore High Court accepted, on Feb. 9 1998, the constitutional petition filed by Rafiq Tarar against his disqualification by the (former) Acting CEC and declared him qualified to contest for and hold the office of President. The acting CEC, Justice Mukhtar Ahmed Junejo of the Supreme Court, had found Tarar, a former Supreme Court Judge, guilty of propagating views prejudicial to the integrity and independence of the judiciary at the time of his nomination as a presidential candidate under Article 63(G) of the Constitution and debarred him from the December, 1997 contest.
The short verbal order did not deal with the question of fact involved in the case – whether Tarar in his interview of the weekly Takbir of June 27, 1996, and statement to the daily Jang, Rawalpindi, of Dec 4, 1997, propagated views prejudicial to the judiciary. Neither before the acting CEC nor in the LHC did Tarar or his counsel categorically denied the allegedly contemptuous statements in their entirety.
Tarar’s counsel, Barrister Ijaz Hussein Batalvi told the LHC that the interview carried by Takbeer did not fully convey the views of Tarar. In any case, Tarar was elected senator after the interview and was not debarred from the senatorial contest. The Jang interview did not refer to any judge as no judge left in disgrace on Dec 2. Besides, a penal action could not be based on newspaper reports. Again, a presidential candidate who is also a sitting member of parliament cannot be disqualified under Article 63. Article 41(2) says that a candidate should be qualified to be elected a member of parliament under Article 62 and disqualification under Article 63 cannot be read into it. Excerpts from ISLAMIC PAKISTAN: ILLUSIONS & REALITY By Abdus Sattar Ghazali
The same Lahore High Court on Military President.
President’s election by parliament ‘necessary’ Staff Reporter http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2003/mar222003.html
DAWN WIRE SERVICE Week Ending : 22 March 2003 Issue : 09/12
LAHORE, March 17: Election of the president was necessary within 30 days after Senate polls, Advocate A.K. Dogar argued before a division bench of the Lahore High Court. He appeared for the Pakistan Lawyers Forum before Justices Tassadaq Husain Jilani and Raja Muhammad Sabir in an intra-court appeal, challenging dismissal of a petition against the Legal Framework Order.
He submitted that election of president by parliament was a constitutional requirement. The 1973 Constitution recognized only that person as the president of the country who had been elected by parliament. The sitting president did not fulfil this criteria.
He criticized the stance of a political party that it would accept Gen Musharraf as country’s president if he relinquishes one of the two offices currently held by him. He contended that the Supreme Court had given three-year to Gen Musharraf to transfer power to an elected government. Advocate Dogar said Article 41 (7) of the LFO empowers Gen Pervez Musharraf to remain the chief executive as long as he desires. It also empowers him to be the president of the country for five year
at his own will.
He argued that this provision had exposed the mala fide intentions of President Musharraf who had still not yet transferred the power to a “representative government”.
The LFO was a mean to provide continuity to former military regime, he alleged. Through the LFO, the military regime tried to amend the 1973
Constitution without any legal authority and public mandate. Justice Jilani observed that if this argument was to be assumed correct, the provision increasing the total number of National Assembly’s seats could not be termed as a valid one. The provision had been practically exercised during the October last general
elections without being approved by a parliament.
The counsel submitted that the criteria for judging the validity of LFO provisions would be “the benefit of general public and adherence to the 1973 Constitution”.
The provision referred by the court had proved to be beneficial to the general public, it would be considered valid one and all those aimed at fortifying the rule of ‘an usurper’ were to be treated as illegitimate and invalid.
About the role of the judiciary in exercising powers under the Doctrine of Necessity, the counsel submitted that to end up the chaos in the aftermath of October 1999, the then judges could have either vacated their offices in order to uphold and preserve the sanctity of the Constitution or could have broken their oath to
provide a legal cover to the military intervention.
He alleged that the former military regime had misused the powers granted by the SC under the Doctrine of Necessity.
Plea against bar on Shahbaz’s entry Staff Reporter http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2002/aug172002.html#plea
LAHORE, Aug 15: The Lahore High Court was requested on Thursday to restrain the government from barring the entry of PML(N) President Mian Shahbaz Sharif to Pakistan. A writ petition filed by a PML(N) primary unit president, Gulzar Malik, through Advocate A.K. Dogar said Shahbaz Sharif had a constitutionally-guaranteed right to return to Pakistan because his exile from the country was unconstitutional. He also had a fundamental right to contest the polls, conduct his party’s election campaign and form a government of if it won.
The petition said Islam does not recognize forcible seizure of power or the law of necessity nor does it empower the judiciary to uphold or validate either. This aspect of the 1999 military takeover was not decided by the Supreme Court in the Zafar Ali Shah case. Pending the disposal of his petition, the petitioner sought an interim declaration in favour of the PML(N) leader’s return and participation in the electoral process.
LHC seeks order against Shahbaz By Shujaat Ali Khan
http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2002/aug172002.html#lhcs
LAHORE, Aug 16: The Lahore High Court asked a federal law officer to produce the government order or notification, if any, barring Mian Shahbaz Sharif’s entry into Pakistan and adjourned further
proceedings in a writ petition seeking the Pakistan Muslim League leader’s unhindered return home to August 20. Justice Tasadduq Husain Jilani, who would be availing his summer vacation next week, referred the petition to the chief justice for consideration by another judge.
The petitioner, a PML (Nawaz) worker, says that Shahbaz Sharif has a constitutionally-guaranteed right to return home and lead his party in the forthcoming electoral contest. His counsel, Advocate AK Dogar, vehemently argued in favour of the petition and contended
that Shahbaz Sharif was exiled against his wish. “If there is a deal as claimed by the government, what are its contents and why should they not be made public?” he asked.
Deputy Attorney-General Khwaja Saeeduz Zafar, who was present in another case, was asked by Justice Jilani whether the issue had been agitated before the court previously and, if so, what was the outcome.
The DAG said two petitions were filed for publication of the so-called deal and for cancellation of the citizenship rights of the Sharifs. Both were dismissed by the Lahore High Court. In any case, he said, the petition was not maintainable in asmuch as the
petitioner had no locus standi in the presence of Mr Sharif and members of his family, one of whom (Hamza Shahbaz) permanently resides in Lahore. What if they disown the averments made in the petition? the law officer asked. Let the aggrieved party come
forward, he said. Mr Dogar said Hamza was too busy looking after the family business and it was basically for the party workers to seek their leader’s
return. The petition has the sanction of PML’s Punjab chief Zulfiqar Ali Khosa. Besides, public interest petitions could be filed by any citizen as held by the Supreme Court.
Mr Saeeduz Zafar said the Supreme Court had wider powers than a high court. Only petitions for writs of habeas corpus and quo warranto can be moved by non-aggrieved persons. The court asked the law officer to find out whether there was any order barring Mr Sharif’s entry and adjourned the hearing.
SC reserves verdict on plea against mly rule By Shujaat Ali Khan http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun3001.html
LAHORE, June 26: A Supreme Court bench reserved its order on a petition seeking termination of military rule and a declaration to bar future military interventions.
The bench comprising Justices Sheikh Riaz Ahmad, Mohammad Arif and Qazi Mohammad Farooq wound up hearing amid protests by petitioner Pakistan Lawyers Forum’s counsel, A.K. Dogar, that he wanted at least 10 days to fully argue his case.
The bench observed that it had fully understood his arguments and the case law cited by him has been taken note of. After hearing the lawyer, the bench told him that it has other matters to dispose of.
Dear Saleem Ahmed thanks for your research work in this important issue.
there some questions from SLOP punjab?
Why this verdict given on 12th may? Faisal Raza Abdi in Kashif Abbasi’s talk show
Who will define that which is political activity and which is not? Mussali
SLOP punjab probably will constitute a committee to check activities in President House or needed a satellite to view what happening there.
Punjab SLOP is racial, prejudice and patriarch. SlOP Punjab is responsible for ZAB’s murder, Salman Taseer’s murder, for Asia Bibi jail and SLOP punjab is pro-rapist. Mussali
However FCS, three J are celebrating their victory.
I AM NOT A BIGGEST FAN OF PRESIDENT ZARDARI.SOME OF HIS MISTAKES I DO NOT LIKE, BUT AS A PRESIDENT HE HAS SHOWN UNBELIEVEABLE PATIENCE TOWARDS MEDIA AND COURTS.THESE JUDGES HAVE ONE AGENDA AND THAT IS TO GET MR. ZARDARI OUT OF PRESIDENT HOUSE OR FROM PPP CHAIRMANSHIP. THESE COURTS HAVE BECOME A POLITICAL PARTIES NOW. PAKISTAN HAS A SUCH BAD TIME NOW, BUT THE COURTS ARE PLAYING POLITICS. SHAME ON THESE COURTS. THE BEST ANSWER PPP WORKERS SHOULD GIVE TO THE COURTS. WE NEED NEW JUDGES AND NEW COURTS. ENOUGH IS ENOUGH.
The best judgement by Hon’ble LHC. I wonder why this judgement was delayed by 3 years. Shameless Zadari should have mainntained the decorum by himself. Now courts have to teach this moroon the ethics and etiquets. Look at president of India. Has she ever poked her nose in the politics? Never. This is called maturity. BILLION TIMES SHAME TO WRITER OF THIS ARTICLE who wants to maintain the immaturity level of Pakistanis at a very low so that the nation never matures. I pitty the writer. Grow up and try to learn from our neighbouring nation. THIS IS A VERY MATURE DECISION.
Chill Man Chill. there is a series of mature decisions by SLOP Punjab! can you let us know DrTahir? You will not allow us to learn any thing from India, if we tried you will do another 26/11 attack. “BILLION TIMES SHAME TO WRITER OF THIS ARTICLE” your maturity oozing from you comments!
Shame on ISI-backed Punjabi judicial mafia.
PPP legislators flay LHC dual office verdict
By: Zamir Sheikh |
Published: May 14, 2011
KARACHI – Hawks of ruling PPP in Sindh Assembly on Friday assailed the Lahore High Court for restraining President Asif Ali Zardari for holding dual office and using Presidency for political activities.
The members of MQM, PML-F and NPP, however, left the house when the PPP legislators made frontal attack on LHC judgment. PPP lawmaker Nadeem Bhutto fired first salvo, on a point of order, followed by the Information Minister Sharjeel Memon, the leader of young hawks.
Nadeem Bhutto said LHC had sentenced to death former prime minister Zulfikar Ali Bhutto and the present verdict was a continuation of the same anti-PPP mind-set.
He said it was shocking for the people of Sindh that a particular court was giving decisions against the PPP.
It was the LHC which had given verdicts against Zulfikar Ali Bhutto and Shaheed Benazir Bhutto, he maintained. Why objections were not raised when Zardari had filed papers for the slot of President. He termed the judgment tantamount to tearing the Constitution into pieces.
Sindh Information Minister Sharjeel Memon said that history was being repeated and said that a particular mind-set, which had not accepted the PPP, had given judgment against Zulfikar Ali Bhutto and Shaheed Benazir Bhutto. Without mentioning any names, Memon asked why action was not taken against those who left the country in the dark of night. “Our fault was that we saved the country and our leader Shaheed Benazir Bhutto sacrificed her life for that cause,” he said. “PPP workers are not weak, they are ready to sacrifice their lives whenever the party needs them,” he said.
What was the reason that verdicts were given only against the PPP workers and leaders, he asked. There was no need to hide the truth as to what happened in the past.
He said Zardari was a political personality whom the people had elected as Co-Chairman of the PPP and President of Pakistan and he did not hold these posts on his own.
How was it possible for the President not to meet with those MNAs and MPAs who had elected him as President, he argued.
“I don’t bother the contempt of court as I am a follower of Shaheed Zulfikar Ali Bhutto,” the information minister declared.
http://nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Karachi/14-May-2011/PPP-hawks-flay-LHC-dual-office-verdict
PESHAWAR: Information Secretary of the Pakistan People’s Party (PPP) for Khyber Pakhtunkhwa and Minister for Excise and Taxation Liaqat Shabab has said the Article 19(2) of the Constitution guarantees the right to every citizen of the country to take part in political activities.
Speaking at a press conference at the Peshawar Press Club on Friday, the PPP leader questioned the judgment of the Lahore High Court (LHC) and said the verdict was against the above-mentioned article of the Constitution.
He said history of the country showed that every conspiracy against the PPP, federation and democracy had its roots in Lahore and this time too the conspirators were using the judiciary against the PPP.
The minister observed that refraining the president from taking part in politics would need amendments to the Constitution, adding that raising the issue on such a critical juncture of country’s history was an intrigue against the very stability of the country.
“In retrospective, the presidents of Pakistan did take part in the politics and no one objected to it or challenged it before any court of law,” he maintained. He added all the political forces should rise above their personal and political interests and forge unity to steer the country out of the critical situation the country is presently faced with.
The provincial minister also condemned the twin suicide bombings in Shabqadar tehsil of Charsadda district and said that the Pakistanis had been pushed in the war against terrorism.
http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=46977&Cat=7&dt=5/14/2011
MUZAFFARABAD:
The Azad Kashmir chapter of the Pakistan Peoples Party will launch a protest on May 16 against the decision by the Lahore High Court against President Asif Ali Zardari holding two offices simultaneously.
“We don’t accept this decision against President Zardari and we will observe a protest strike against this on May16 across Azad Kashmir,” said Chaudhary Abdul Majeed, opposition leader in the Azad Kashmir legislative assembly and leader of the PPP in the region.
Petitioners have challenged the right of President Zardari to simultaneously hold the presidency while remaining co-chairman of the ruling PPP.
On May 11, the Lahore High Court ruled that it “expected” President Zardari to suspend all political activities on the grounds that these activities were inconsistent with the neutrality and independence of the office of the presidency.
The court, however, also said that the president’s political activities are not against the law and holding the chairmanship of the party is not grounds for disqualification from holding the office of the president.
The president’s supporters in Azad Kashmir, however, view the ruling as being directed against the party.
At a press conference in Muzzafarabad, they did not address the fact that the ruling issued no binding orders to the president.
They were instead irked at the notion that the presidency is an office above politics.
“Democracy and politics go together and cannot be separated,” argued Majeed.
He termed the ruling unjust and a violation of human rights and said that the party would hold sit-in on Sunday.
Published in The Express Tribune, May 14th, 2011.
http://tribune.com.pk/story/168410/dual-offices-case-protest-planned-against-lhc-decision-in-azad-kashmir/
EDITORIAL: Questionable remarks
The Lahore High Court (LHC) on Thursday declared that according to the constitution, being head of the state, President Zardari cannot take part in political activities. The LHC ruled that “it is expected that the President of Pakistan would abide by the said declaration of law and disassociate himself from political office at the earliest possible”. The LHC gave this ruling while disposing of a set of petitions against President Asif Ali Zardari’s holding of two offices, that of the Pakistan People’s Party (PPP) co-chairman and President of Pakistan. Though this ruling is not a verdict and is more of a suggestion — therefore not legally binding on the president — it still begs the question if the honourable court’s remarks are implementable or not. It seems that the LHC avoided the main plea, that of President Zardari holding two offices. If examined on merit, the court’s suggestions are difficult to implement as the LHC cannot guard the gates of the presidency or regulate visitors. President Supreme Court Bar Association (SCBA) Asma Jahangir was also of the view that it is hard to implement the court’s verdict.
Constitutionally, too, this ruling is not sound. As per the ‘Conditions of President’s office’ laid down in Article 43 (1) of the Constitution, “The president shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.” Former law minister Babar Awan clarified that the president is allowed to take part in politics according to Article 50 of the Constitution: “As per Clause 2 of the same Article, parliament consists of three components: the National Assembly, Senate and the president.” Under the president’s constitutional obligations, he/she has to meet the prime minister, chief ministers, governors, MNAs and MPAs occasionally. If President Zardari stops holding political activities at the presidency, it will be difficult to deal with issues at hand. Such a suggestion is outside the purview of the court. Our honourable courts need to think whether giving such orders that are hard to implement would bear any fruit. It lowers the dignity of the judiciary to give such constitutionally questionable remarks. We saw in the case of the judiciary’s sugar prices verdict how hard it was to carry out its orders. Given the economic imbroglio, the court’s verdict to regulate the sugar prices fell flat on its face and could not be implemented. Now the LHC’s remarks forbidding the president’s political activities is as hard to implement as was the case of sugar prices. The judiciary’s hard fought for independence also comes into question when such remarks are issued.
Our judiciary’s tussle with the PPP government has been going on ever since President Zardari dilly-dallied on reinstating the deposed judiciary. On many occasions, PPP members have accused the judiciary of being biased against their party. The LHC’s controversial remarks will help foment such feelings further. As it is, a rally was taken out by the PPP Sindh to protest against the verdict on Friday. Instead of stirring more controversy, it would have been better had the LHC just dismissed the petitions against the president for lack of legal grounds. Pakistan cannot afford more tension between the judiciary and the executive. We have more things to worry about. It is time to be pragmatic and sensible.
http://www.dailytimes.com.pk/default.asp?page=2011%5C05%5C14%5Cstory_14-5-2011_pg3_1
PPP Sindh ministers, MPAs react against LHC decision
Karachi: Protesting on Lahore High Court (LHC)’s verdict regarding President Asif Ali Zardari’s holding of two offices, the ruling PPP ministers and MPAs of Sindh Assembly wore black armbands during assembly’s session on Friday.
Opposition and MQM members were not present at the time when PPP legislators recorded their protest against LHC’s decision. Information Minister Sharjeel Inam Memon and others strongly criticised the decision. He said the decision is portraying the very mindset which led to Prime Minister Zulfikar Ali Bhutto’s hanging and dissolving of Benazir Bhutto’s government. He said PPP is being pushed to the ropes by anti-democratic and anti-Pakistan elements. However, he said, these elements will not be successful in their nefarious designs.
MPA Nadeem Bhutto said the public is perturbed at the decision and hundreds of phone calls in this regard have been received. MPA Bachal Shah said LHC’s decision is in contradiction with the constitution. He said it is not written anywhere in the constitution that head of the state cannot hold two posts. He said head of the state is a political figure and questioned what the president in ‘Aiwan-e-Saddar’ is supposed to do?
Katchi Abadis Minister Rafique Engineer pointed out that decision of LHC has come at a time when the Supreme Court was conducting a hearing on Shaheed Zulfikar Ali Bhutto’s case. Most of the MPAs wore Sindhi cap and Ajrak and said they want to record peaceful protest against the LHC decision. ppi
http://www.dailytimes.com.pk/default.asp?page=2011%5C05%5C14%5Cstory_14-5-2011_pg7_33
LHC verdict
By Editorial
Published: May 13, 2011
President Zardari cannot hold dual offices. PHOTO: AFP/FILE
The Lahore High Court (LHC) verdict barring President Asif Ali Zardari from engaging in active politics has added a potentially new complication to events in the country. There can be no doubt that in principle the head of state should be above political goings-on and not a part of the day-to-day manoeuvrings that take place in any set-up. But, at the same time, it must be pointed out that Pakistan today is a country in a state of transition. After so many years of military rule and the consequent destruction of democratic institutions it seems somewhat unfair to expect a perfect democracy to unfold as if by magic. It will take time for things to develop along these lines and there will be some flaws as the effort continues to put democratic traditions in place.
There is also the question of quite how the LHC expects its ruling to be implemented. It is, after all, not easy to monitor what happens behind the high walls of the presidency. There are also other technical points to be addressed. Legal experts would argue that there is some lack of clarity within the constitution on whether the bar on holding dual office for the president applies only to those posts for which remuneration can be drawn or to others as well. To make things even more complex, Asif Ali Zardari is co-chairperson of the PPP, which is not a registered party in the country and, in fact, the PPPP, which is the one formed in parliament, is headed by Makhdoom Amin Fahim. So has a breach of principle occurred at all? To this, some will say, however, that for all practical purposes, the president does run the party and that is something that should be left to someone else while he holds the office of president. The tradition in most democracies is that the party chief and the head of government or state are not the same person, precisely because of the inherent conflict of interest involved in the matter.
Published in The Express Tribune, May 14th, 2011.
http://tribune.com.pk/story/168004/lhc-verdict/
Soon only judges, journalists and gernail would be allowed to do politics.
I mean Kyani sahab Shahbaz Sharif ke saath baith ker chham chham khelte hain kya?
The judgment’s against President Zardari is quite simple and interesting. The judges accept that the president’s holding a party position is “not barred under law” nor can it be used for “a case for disqualification” or removal of the president, nor is there a “report of any political controversy or reaction” regarding this issue. But even then the judges go on to hold that party position/political participation “is extraneous to the duties and functions of his high constitutional office” and that “duties and functions of the lofty office of the president of Pakistan is to be discharged by him with complete neutrality, impartiality and aloofness from any partisan political interest”.
Since the judges could not discover a legal or constitutional provision nor any code of conduct for such lofty goals of the presidency, they based their reasons on certain observations in the 1993 judgment of the honourable Supreme Court in the ‘Mian Nawaz Sharif case’. This is not enough to bare president to hold two positions, infact there is no clause in constitution that holds president to work as a head of political party. The judgment seems unfair and biased.