18th amendment hearing in SC: Reasons to be recorded later… by pejamistri
Source: Pakistan and Future
It was not the prettiest day at Supreme Court yesterday and it was not today either. As I wrote yesterday that for me the most important reason for CJ to opt out from the bench was absence of Aitzaz Ahsan from this “important” constitutional case. The case is not “important” on its own merit , in fact as I said this case should have been thrown by the registrar office instead of putting it in front of a “Full Court”. This case has become important because the honorable judges want to hear it. Somehow I feel that some of the judges have taken into their head that hearing the petition against 18th amendment is like hearing the case against PCO.
But I would like to discuss the objections raised by the (now) former Federation Counsel Dr. Abdul Basit. Although media has ridiculed those objections and even attorney general has also opposed the objection on formation of the full court , however I think there could be valid and even strong reasons behind these objections.
1. Composition of the Full Court: The objection against the composition of the full court was based on the fact that Mr. Justice Zahid Hussain was not part of the bench and he is at the moment a sitting judge of the Supreme Court albiet he has been made “non-functional” (does that ring any bells), by the honorable Chief Justice IMC. I agree that it does not matter at all whether if the court has 17 or 18 judges and whether it is called full bench or a larger bench. And I am sure Abdul Basit did not (in reality) want Zahid Hussain to be included the bench , however the point he wanted to make was that there is a judge in the supreme court who is at the moment “non-functional” despite the judgment of 20th July. And point was very well made. Remember the maxim “Come with clean hands”…
2. Chief Justice in the Bench: This was the most important objection. There are two sound reasons behind this , however I was smiling when CJ said only if his son was becoming the justice then he would benefit from this case that was indeed childish.
The first reason to me is that no judge can be the judge on his own cause. The office of Chief Justice of Pakistan has been affected be the 18th amendment where the discretion of Chief Justice in the appointment of fellow judges have been impacted. We know that how in case of Justice Ramday and Khawaja Sharif , Chief Justice asserted his authority and discretion in the appointment of these judges. And this is a very valid reason for the CJ to take himself out from this bench. Now you will see the reason behind the first objection too. If we call this bench a larger bench and not a full court due to the absence of Mr. Zahid Hussain then even 16 judges are as good (or in this case as bad) as 17 judges….
Mr.Peja shut your mouth. You are just another shoelicker of the most corrupt person on earth–Mr.10%. You want judge of the supreme court to be appointed by a law minister who is himself a criminal! WOV Criminal will appoint judges. It is because of people like you that people like Zardari, Rehman malik, Fake Dr.Awan are desecrating the soil of our dear Pakistan. Please think about it twice and then write.
Mr Tahir. How come law minister appoint the judge when Judges are already in majority in that committee?
And why? Why are u using President’s name everyehere? Cuz u dont have anything to talk about? Cuz ur intellect is below under-average?
@oops
Criminal law minister should have no role in appointing judges even though judges are in majority.
To be very honest have zillion things to talk about rulling mafia but I dont know where to start. Zardari is symbol of PPP and of course everybody will start from him but unfortunately he is mr 10% and most corrupt person on earth. Tell me one person in present govt who has no scandal
Do u wanna know the character of so called “president “( Mr.10% ) of Islamic Demcratic Republic of Pakistan. Then see by yourself.
http://www.youtube.com/watch?v=j5ND2FQx6WY
SHAME
Now tell me– Is this character of Islamic Republic?????????????????
It is a well written analysis. Saad Mansoor too has written on LUBP on the (possibility of) doctrine of necessity.
http://criticalppp.com/archives/12332
@drtahir We know that followers of mullahs (Mansoora and GHQ) lack common sense as well as civility. But at least you can pose to have some, for a change.
@Akhtar
Civility for jialas means — flirting with honourable hosts when you are representing a GREAT ISLAMIC NATION.
By the way I dont know wt u mean by “Mansoora and GHQ”. I wanna tell you that I love Pakistan and want Pakistan 2 progress leaps and bounds. I will appreciate all good things and I hate if somebody is doing anything against interests of Pakistan.
SHAME ZILLION TIMES ON mr.10% who is totally not concerned of Pakistan