What are the credentials of a judge for elevation to Supreme Court? By Ali Raja
Mr Kamran Lashari was Chairman of the Capital Development Authority (CDA) and a piece of land was leased to SIZA Foods, a franchisee of McDonalds in Pakistan. On a petition filed by ex-Senator Saadia Abbasi, the Supreme Court of Pakistan (SCP) held the action of CDA unlawful. Mr Lashari had been removed by that time. On orders of SCP a departmental inquiry recommended Mr Lashari’s dismissal from service.
On September 7 as Mr Lashari was posted as Chief Secretary Sindh, which is a position that requires a person of efficiency and effectiveness, the Supreme Court took a serious note of the development and admonished the Government resulting in de-notification of his appointment. ………….The Law prevailed.
Let us now take another case. A Special Judge while in a High Court decides a case in 2000 against a former PM. A division bench of the same court on appeal upheld the verdict. After a lapse of EIGHT YEARS the former PM goes to the Supreme Court. The Supreme Court sets aside the requirement of ONE MONTH time for appeal and reverses the decision. Five Judges of The Supreme Court of Pakistan gave a dozen of reasons to support their decision against verdict of the trial court and subsequent Division Bench. The five learned judges of Supreme Court were unanimous that the trial judge had not met necessary requirement of the law.
Within two months of the above mentioned relief to the former Prime Minister, the Supreme Court’s decision throwing away the previous judgment of the trial judge, the same trial judge Mr. Rahmat Hussain Jafri was elevated to the SCP by none other than our
Justice Rahmat Hussain Jafri - the man who convicted a former PM
Candid Chief Justice of Pakistan, I wonder what is the basis of elevation of a judge from a high court to the apex court if even a judge leaving so many lacuna in his decision is promoted?
Off course the difference is that Kamran Lashari, a career civil servant, a person having no charges of corruption against him was appointed by the PPP Government. On the other hand, Mr. Rahmat Hussain Jafri was appointed by none other than the protectors of the constitution. Hypocrisy?!
It is indeed sad that one set of rules exist for civilian bureaucracy and another (more favorable) exist for judges. The CJ must also tread a fine line. He has already ticked of the politicians big time. Bureaucracy is still hurting from the demotion that was granted earlier in May 2010. Judiciary and Media have become pillars of state now. Bureacracy is the base on which these pillars are erected!
Judiciary & Army are the holy cows of our society. We the civilians or politicians are lesser beings. We are dragged through the judicial system meant for donkeys and zebras where as Holy cows have their own judicial system to try their own.
Army has their own court system. Mostly refered to as Court Martial. Where as Judges are ttried in their own special courts refered to as (CJC) Supreme Judicial Council. And guess what SJC consists of colleague judges. That is why this so called banana judicial system doesnt work and SJC has never in history of Pakistan has tried any one of their colleague.
Let the politicians have their own judicial system too.
Power struggle amongst departments or individuals will continue as this is what we have inherited since the demise of our Holy Prohet (pbuh.)