From judgment on PCO to case against 18th Amendment – by pejamistri

Last year I was excited about Supreme Court hearing the case against the PCO of November 3rd , and I wrote “Can they cleanse the mess” , it is unfortunate that today I have to write about Supreme Court of Pakistan hearing the case against 18th amendment and in this process they (honorable Judges) creating more mess in the constitution and in fact nullifying the clean up that 18th amendment finally did.

I find it really difficult and in fact loathsome to talk to a person who does not understand the difference between a military dictator and a democratic ruler. I consider all those people below human intellect who try to make comparison between the worst democratic ruler and a good military dictator. It is unfortunate that “honorable judges” consider it appropriate to hear the case against 18th amendment and even consider this case as important as the case against PCO by a military dictator (Read the comments from CJ IMC).

Although I consider it a shameful act by the Supreme Court of Pakistan to hear the petition against the constitutional amendment done by the Parliament representing the will of people of Pakistan, and I would hate to comment on the proceedings of this case. But against my wishes I do need to follow this case as this case is potentially going to nullify all the good deeds (particularly the judgment against PCO of November 3rd).

I will be following the news reports from BBC and The News on this case and will comment on the proceeding whenever I do get a chance. If somebody can suggest a better source of information on the proceeding of this case , please accept my thanks in advance.
As aptly put by Dr. Basit (Federation Counsel) ,

“To proceed with the case would be tantamount to trample the Constitution.”

I know that there are times when Supreme Court can hear the petitions against the constitutional amendments , there are precedents where Supreme Courts have given verdicts against the constitutional amendment around the world. There are precedents from the India and United States which will definitely be discussed during the course of the case.

However we need to take each case on its merits. Today when CJ IMC talked about the “importance” of this case , I could not believe that despite this “importance” , CJ IMC intentionally tried to keep Aitzaz Ahsan out of this case. He knows that Aitzaz Ahsan due to his ethical standards is not going to appear before CJ IMC. There was already rumors/news reports that one of the reason for objections against the inclusion of CJ in the bench was due to this fact.

Even if Aitzaz Ahsan was not willing to appear in the court on behalf of Federation or Government , it was still important to have him as amicus curiae , in order to get a proper hearing to this case. But the inclusion of CJ IMC in the bench has practically stopped appearance of Aitzaz Ahsan in this “important” case.

In today’s hearing , I was amazed at the CJ IMC’s remarks
“the CJ said he could be benefited from the case only when his son or any of his relatives could be made judge, asking whether Farooqui would even now object to the formation of judicial bench.”

I must say that CJ IMC must have understood the objection in its essence. The objection is not on the inclusion of the person of CJ , it is on the inclusion of “office of CJ” which is going to benefit from the verdict of this case. It would have been appropriate for the CJ IMC to get himself out of this case as it would have also paved the way for inclusion of Aitzaz Ahsan.

Source: Pakistan and Future



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