Pakistan’s Supreme Court declares war on the democratic government – by Abdul Nishapuri
In a (not so) surprise move, top judicial bureaucrats sitting in Pakistan’s Supreme Court and Lahore High Court have declared war against a fragile democracy in Pakistan. The (right-wing) establishment has taken its dagger out for a final attack on the democratic government of the (left-wing) Pakistan People’s Party.
In a decision announced in the after hours on Saturday, the Supreme Court of Pakistan suspended the appointment of two judges by President Asif Ali Zardari.
According to Iftikhar A. Khan of Dawn newspaper,
The build-up to the suspension of the presidential order packed more suspense than a thriller. A three-member bench of the Supreme Court first suspended the operation of notifications for elevation of Chief Justice of the Lahore High Court, Justice Khwaja Sharif, to the apex court and appointment of Justice Saqib Nisar as acting chief justice of the LHC.`The Supreme Court staff was called in the evening before the bench hurriedly constituted by Chief Justice Iftikhar Mohammad Chaudhry took up the matter, leaving most observers baffled.
It may be recalled that in violation of the Supreme Court’s own principle of seniority set out in the Al-Jihad trust case, the Supreme Court Chief Justice Iftikhar Chaudhry had recommended to elevate a junior judge, Justice Saqib Nisar, to the Supreme Court of Pakistan while retaining a senior judge, Khwaja Muhammad Sharif, as the Chief Justice of Lahore High Court, a recommendation which was duly rejected by the President of Pakistan.
Political circles in Pakistan point towards the role of (right wing) anti-democracy establishment behind the decision by the Supreme Court to suspend the presidential order, with an aim to create a political crisis in the country,which may lead to derailing of the democratic set up.
It may be recalled that the majority of judges currently sitting in Pakistan’s Supreme Court and Lahore High Court are of Punjabi origin, most of them are known for their loyalties to right-wing PML-N and Jamaat-e-Islami; some of them are also known to have a populist anti-West and pro-Taliban inclination.
BBC Urdu’s Analysis
Here is a worth reading analysis by BBC Urdu’s Rafaqat Ali questioning the impartiality of the CJP Iftikhar Chaudhry:
عدلیہ انتظامیہ جھگڑے میں نیا موڑ
رفاقت علی
بی بی سی اردو ڈاٹ کام، لندنچیف جسٹس افتخار محمد چودھری جسٹس خواجہ شریف کو لاہور ہائی کورٹ کا چیف جسٹس رکھنے پر کیوں بضد ہیں اس کا کسی کو علم نہیں ہے۔
صدرآصف علی زرداری نے چیف جسٹس افتخار محمد چودھری کی سمری کے برعکس جسٹس خواجہ شریف کو سپریم کورٹ میں تعینات کرکے سپریم کورٹ کے لیے ایسا مسئلہ کھڑا کر دیا ہے جس میں عدلیہ کی مشکلات میں نہ صرف اضافہ ہو سکتا ہے بلکہ پیپلز پارٹی کو ایک بار پھر مظلوم بن کر عوام کی حمایت حاصل کرنے کا موقع ہاتھ آ سکتا ہے۔
پیپلز پارٹی پہلے ہی ذوالفقار علی بھٹو کے دور اقتدار کے بعد سب سے لمبے عرصے تک حکومت کر چکی ہے۔
سنیچر کوصدر آصف زرداری نے چیف جسٹس کی خواہش کے برعکس لاہور ہائی کورٹ کے چیف جسٹس خواجہ محمد شریف کو سپریم کورٹ میں تعینات کر دیا اور ہائی کورٹ کے سینئر جج جسٹس میاں ثاقب نثار کو لاہور ہائی کورٹ کا قائم مقام چیف جسٹس مقرر کردیا۔
سپریم کورٹ نے کمال سرعت کا مظاہرہ کرتے ہوئے اسی روز، چیف جسٹس کے از خود نوٹس کے بعد، بینچ تشکیل دے کر صدراتی حکم کو معطل کر دیا ہے اور فیصلہ کیا کہ اس معاملے پر مزید غور کرے گی۔
صدر کا حکم بظاہر سپریم کورٹ کے اس مشہور زمانہ الجہاد کیس کی فیصلے کی روشنی میں ہے جس کے تحت ججوں کی تعیناتی میں سینارٹی کو ملحفوظ خاطر رکھنا لازم ہے۔ اسی اصول کے تحت ہائی کورٹ کے چیف جسٹس کو سپریم کورٹ میں تعینات کیا جانا چاہیے اور اسی ہائی کورٹ کے سینئر جج کو نیا چیف جسٹس مقرر کیا جانا چاہیے اور حکومت نے ایسا ہی کیا ہے۔
سپریم کورٹ نے خود کئی بار ججز کیس کی دھجیاں بکھیریں اور ایک بار تو لاہور ہائی کے ایک ایسے جج کو سپریم کورٹ میں تعینات کر دیا جن کا ہائی کورٹ میں ججوں کی سینارٹی لسٹ پر سولہواں نمبر تھا۔ جب سپریم کورٹ میں ججز کیسز کی واضح خلاف ورزی کو چیلنج کیا گیا تو سپریم کورٹ نے حکم صادر کیا کہ وہ کسی جج کو سپریم کورٹ کا جج بنا سکتی ہے۔ ججوں کی تعیناتی کے سلسلے میں سپریم کورٹ نے اپنی ضرورت کےمطابق کئی متضاد فیصلے صارد کر رکھے ہیں اور شاید موجودہ سپریم کورٹ کو بھی ’پی سی او سپریم کورٹ‘ کےایک فیصلے کا بھی سہارا لینا پڑے گا جس کے تحت صدر کے اس اختیار کو مانا گیا تھا کہ وہ ہائی کورٹ کے سینئر جج کو سپریم کورٹ میں تعینات کر سکتا ہے۔
چیف جسٹس آف پاکستان جسٹس افتخار محمد چودھری جسٹس خواجہ شریف کو لاہور ہائی کورٹ کا چیف جسٹس رکھنے پر کیوں بضد ہیں اس کا کسی کو علم نہیں ہے۔ جسٹس خواجہ شریف کو میاں نواز شریف کے دور حکومت میں لاہور ہائی کورٹ کا جج مقرر کیا گیا تھا۔
لاہور ہائی کے سینئر جج جسٹس میاں ثاقب نثار کو بھی نواز شریف دور میں ہائی کورٹ کا جج مقرر کیا گیا۔ جسٹس ثاقب نثار میاں نواز شریف دور کے وزیرِ قانون خالد انور کے جونیئر تھے اور اسی دور حکومت میں انہوں نے سیکرٹری قانون کا قلمدان بھی سنبھالے رکھا
Source: BBC
Jamaat-i-Islami declares its support for judges
Amir Jamaat-i-Islam, Syed Munawar Hassan while praising the judges of the Supreme Court of Pakistan, said that it was time that the whole nation should stand behind the Supreme Court of Pakistan.
Terming the decision of the President as unconstitutional, Syed Munnawar Hassan said that the Government should immediately comply with the directions of the Chief Justice of Pakistan not only in the current matter but also all his directions and orders.
He said that JI was ready to march on the Federal Capital in support of the Supreme Court of Pakistan to give strength to the court. He asked the masses to be ready for another movement for the supremacy of the Constitution and rule of law.
Source: The Nation
Leading constitutional experts support Presidential order
However, some of the leading constitutional experts in Pakistan, namely Justice (retired) Fakhruddin Ibrahim, Justice (retired) Tariq Mehmood and Ali Ahmad Kurd have supported the Presidential decision to elevate Justice Khwaja Sharif of the Lahore Hight Court to the SCP, and the elevation of Justice Saqib Nisar to the post of Chief Justice of Lahore High Court. They termed the Presidential decision as consistent with Pakistan’s constitution and also in accordance with the principle of seniority set out in a previous decision (Al-Jihad Trust case) of the Supreme Court of Pakistan. (ARY News)
Senior lawyer Ashtar Ausaf said the most senior judge of a high court could be elevated as apex court judge but for this the recommendations of CJP was paramount. Advocate Fawad Chaudhry said the notification of judges’ elevation was in accordance with constitutional provisions. He said even according to article 206 of the constitution, a judge stands retired after refusing to accept the decision of elevation. He further said that the judiciary should not become a party to the executive’s decision-making. (Dawn)
Ordinary Pakistani Citizens’ Response
Thanks: PkPolitics
Workers of Peoples Youth Organisation in Lahore protesting against the dictatorship of Chief Justice Iftikhar Chaudhry: Photo Express News
According to Al-Jihad Trust case, the Supreme Court’s judges are appointed on seniority basis. So who is right and who is wrong in this case?
Zardari wants to appoint senior most HC judge in SC. While Iftikhar Ch wants to appoint a junior judge, who is his personal friend, and to retain Justice Sharif in Lahore, who is a PML-N loyalist. Why?
Who is pushing the country to anarchy? Zardari/Gillani or Iftikhar Ch?
Zardari wants to follow the rule of law (Al Jihad Trust case) while Iftikhar wants to give favor to his friend.Instead of blaming anyone else, think who is polluting this country. Why Iftikhar Ch is so hostile towards government? Why he is trying to pave the way for Bangladesh model government in which he becomes the President of the country?
The nation supported him although he used his authority illegally to promote his son. But it sounds that he is used to use his power illegally.
(By Aftab Ahmed)I think PPP just wanted to let CJ act. I might be very wrong, but it seems PPP will accept the decision by judges. I think PPP just wanted to shift the responsibility to CJ. This whole routine will show CJ as having a lot of powers…painting him as the next dictator…but whatever happens…please don’t impose emergency again…
(By telengr)دو چیزیں ممکن ہیں :
۰ پیلپز پارٹی اس خوف سے باہر نکل آءی ہے جس کے تحت اس سے دباءو سے فیصلے کروا لیے جاتے ہیں اور بعد میں پیپلز پارٹی کو ہی مورد الزام ٹھہرا دیا جاتا ہے
۰ایستبلشمنٹ نے پیپلز پارٹی پر دباءو ڈال کر اس سے افغان پالیسی؛ انڈیا کے ساتھ تعلقات؛ اور طالبان سے متعلق فیصلوں کے جزوی اختیارات بھی واپس لے لیے ہیں اس کے بعد ایسٹبلشمنٹ نے افتخار چوہدری سے ہاتھ اٹھا لیا ہے۔ اس فیصلے کی ٹاءمنگ بھی اہم ہے کیونکہ یہ فیصلہ نواز گیلانی ملاقات کے بعد ہوا ہے۔دیکھنا یہ ہے کہ کیا تمام سٹیک ہولڈر ایک مطلق العنان سپریم کورٹ کی حمایت کریں گے؟
(By Qais Anwar)whats wrong with this pco cj, he gave eight years to mushrraf and gave him right to amend the constitution. when ever mushrraf will call him in president house,this pco cj will go there running, now he acts like a king.
(By Hasan Khan)After Defense Minister’s statement, I am begining to think my initial feeling was correct, PPP trapped the CJ. PPP will loose, (exactly according to its plan). But its dividing the bar leaders, and portraying CJ as egoestic. The question of why CJ prefers one judge over the other so much might be troublesome for him. The presidency is saying No Emergency will be imposed.
(By Telengr)Personal War
Ch Iftikhar has started a personal war now. Listen to Ali Ahamd Kurd, he is openly criticizing SC, Najim Sethi said that why SC took this action at night? Now Ch Iftikar is openly involved in politics.
Lets suppose govt refused to obey SC political motivated steps, then SC will look to military. But military is already busy in operations. Who will come to help SC as Nawaz’s fishy attitude shows that he is with govt.
Lawyers are not ultimate force. Its a handful of group who likes to dance outside SC. Real force is political parties.
Only GEO and Jang group wants to kick out political system and govt has stop giving them advertisements.
(By Aftab Ahmad)For the interest of readers, some relevant excerpts of the Al-Jehad case verdict are being reproduced here:
“The words ‘after consultation’ employed inter alia in articles 177 and 193 of the Constitution connote that the consultation should be effective, meaningful, purposive, consensus‑oriented, leaving no room for complaint of arbitrariness or unfair play. The opinion of the chief justice of Pakistan and the chief justice of a high court as to the fitness‑ and suitability of a candidate for judgeship is entitled to be accepted in the absence of very sound reasons to be recorded by the president/executive”.
(By Abbasids)علی احمد کرد نے ابھی ابھی دنیا نیوز پر زرداری کے نوٹیفیکیشن کی حمایت کی ہے اور کہا ہے کہ خواجہ شریف کو سپریم کورٹ جانا چاہئیے اور ثاقب نثار کو لاہور ہائی کورٹ کا چیف جسٹس ہونا چاہئیے
(By Bawa)
با وا جی؛
اس صورتحا ل میں کچھ اور اہم چیزیں بھی ہیں:
۰سپریم کورٹ کے حکم سے پہلے ہی خواجہ شریف اور ثاقب نثار اپواءنٹگ اتھارٹی کا حکم ماننے سے انکار کر چکے تھے اور اس کا میڈیا پر اظہار کر چکے تھے۔ پہلے اسی طرح کی حرکت پرویز مشرف نے کی تھی کہ ملازمت سے برخواست کرنے والی اتھارٹی نواز شریف کا حکم ماننے سے انکار کر دیا تھا
۰اس معاملے میں چیف جسٹس ایک پارٹی تھے لیکن انہوں نے ہی سو موٹو نوٹس لیا اور بنچ بنایا
۰چیف جسٹس صاحب دوسری بار کنفلکٹ کا حصہ بنے ہیں
۰وکلاء کی قیادت کا ایک حصہ اس معاملے پر چیف جسٹس کے ساتھ نہیں ہے۔اس بار معاملہ کچھ اور ہے
(By Qais Anwar)
Finally, something sensible by Zardari, ab iss azaad adliya la dhakosla aik he baar mein khatam hojaye. Chief Justice has the right to interpret Constitution not make it, and Iftikhar Chaudry is willing to accept one-half of the Al-Jihad Trust case but not the other half. The reaction by Supreme Court only shows that it only has lust for power, Justice Iftikhar is as much responsible for preserving this system
(By Skunk)
Independent judicary is a myth. This judicary is baised. They came back through Sharifs and heavily favours them. I don’t know any other reason why ‘d they not prmote Kh. Sharif to Supreme court. Only reason Judicary is bent upon keeping Justise Khawaja Sharif in as CJ in Punjab hugh court is his relationship with Shahbaz Sharif. In beaucracy Supreme court wants appointments on seniority but they don’t do same in Judicary. They don’t act on what they preach.
(By Time)
Pakistan court strikes down president’s order
ISLAMABAD — Pakistan’s Supreme Court suspended the presidential appointment of two top judges in an emergency ruling late Saturday that could cause a destabilizing clash between the judiciary and the democratic government of Pakistan.
As local media reported the country was headed into a political and judicial crisis following the decision, President Asif Ali Zardari’s spokesman issued a statement dismissing rumors the government was planning to declare a state of emergency.
The development will concern Pakistan’s western allies who want the country to concentrate on battling al-Qaida and Taliban militants in the northwest. The stability of the nuclear-armed nation is also key to Washington’s hopes of defeating the insurgency just across the border in Afghanistan.
Information Minister Qamar Zaman Kaira said the president issued the order only after consulting the chief justice. “We have always acted constitutionally,” he said. “We will take any step in future as required by the law and constitution.”
While undertaking operations against militants in the northwest, the Zardari government had been widely criticized for failing to make a dent in the country’s major economic and social problems. Elements within the military are also believed to be angry at him for being too close to the United States and longtime foe India.
Source: AP
…
Judicial bureaucrats behaving like a tribal mafia
Justice Sharif, Justice Nisar reject govt decision
ISLAMABAD: Chief Justice Lahore High Court Justice Khwaja Sharif and Justice Saqib Nisar, the senior most LHC judge, Saturday refused to accept the decision of the government. They made it clear that they will not go against the recommendation or instruction of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry.
Talking to Geo News’ senior correspondent Abdul Qayum Siddiqui, Justice Saqib Nisar said he was invited to take oath as Acting CJ of LHC on Sunday by Governor Salman Taseer, but he refused the invitation by saying: “The orders of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry are binding for me and I will not take any step against the recommendation or instruction of the CJP.”
Earlier, President Asif Ali Zardari elevated Justice Khwaja Sharif as SC judge and Justice Saqib Nisar as Acting CJ of LHC through a notification.
Source: Geo TV
It may be recalled that both Justice Khwaja Sharif and Justice Saqib Nisar have close family relations with Mr Nawaz Sharif and Mr Shahbaz Sharif of PML-N. Both of these judges have served in various official capacities in previous governments of PML-N in Punjab.
According to a BBC report, Justice Saqib Nisar had officially refused to take oath. “I will not take oath as acting Chief Justice of LHC,” Justice Saqib Nisar told BBC Urdu in an interview. “I will do what CJ Iftikhar Muhammad Chaudhry asks me to.”
Meanwhile, Federal Minister for Information Qamar Zaman Kaira has stated that orders for the appointment of the judges were issued under constitutional provisions.
Presidential spokesman Farhatullah Babar added that the CJP had been consulted before the decision. He further ruled out any clash between the judiciary and the executive, confirming that “emergency will not be imposed.” Babar also said that no “emergency meeting” had been taking place at the presidency to discuss the judicial situation.
Source: Dawn
Further Legal Opinion
The rapidly unfolding events throughout Saturday evening also created despondency, with former SCBA president Ali Ahmed Kurd, the engine behind the two years long lawyers movement. Kurd expressed disappointment over the events and deplored that it appeared as Justice Khawaja had become the most important individual in the country. “We the people of the Pakistan want to see constitution, democracy, parliament as well as the judiciary flourished in the country,” he said adding the seniority principle settled in the 1996 Al-Jihad Trust should be honoured at all cost.
Eminent constitutional expert Fakhruddin G Ibrahim was also of the view that it would always be good that senior judge must come to the Supreme Court asking what was wrong if the senior judge was elevated. “Do not leave such matters on discretion but always respect the seniority principle,” he said.
Advocate Athar Minallah, who acted as the spokesperson of the chief justice during the two years long lawyers struggle also expressed his frustration and said that the development was infact a gift to the non democratic forces and to those who were sitting on the fence and would like to see confrontation between state institutions that could only cause irreparable loss to the country. Time has come when the members of the parliament, he said, must immediately act to ensure that no confrontation should take place and that the constitution should prevail.
Keeping in view the lego-constitutional position, Prime Minister Yousuf Raza Gillani has advised President of Pakistan Asif Ali Zardari to request Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry to reconsider his recommendation of December 19, 2009 and had advised the president that in view of the legal position and the guidelines laid down in the Al Jehad Trust case PLD 1996 SC 324, primacy should always be given to the senior most judges in matters relating to elevation of high court judge in the Supreme Court unless found to be unsuitable by the Chief Justice of Pakistan for such elevation.
Source: Dawn
Former SCBA president Ali Ahmed Kurd said the principle had been set by the SC verdict in the Al-Jihad Trust case that the senior most judge of a high court would be elevated to the Supreme Court. Barrister Zafar Ali Khan and former SC judge Fakhruddin Ebrahim also termed the president’s decision as being in accordance with the constitution. Prominent jurist Fawad Chaudhry said the president’s decision was in accordance with the constitution. He said according to Article 206 of the constitution, the judge stood as “retired” after refusing to accept the decision of elevation. People Lawyers Forum leaders Tanvir Hashmi and Rana Sufiyan Ali said the president’s decision was in accordance with the constitution and the SC verdict in the Al-Jehad Trust case. Senior lawyer Dr Khalid Ranjha said a “vacuum is being deliberately created” to pave the way for third party interference.
Source: Daily Times
Perhaps we should also take into account this aspect (context) of the current crisis:
PML-N in a quandary as SC hears Shahbaz eligibility case
By Shafiq Awan
The PML-N is in a quandary. The party is now trying to find a replacement for the CM Punjab, if the Supreme Court gives a verdict against Mian Shahbaz Sharif in his eligibility case.
The party hierarchy is dispelling this impression that there is any threat to Shahbaz Sharif’s eligibility; they seem quite confident that the outcome of the case will be in their favour.
Despite this claim the exercise to find a replacement is on and they termed it as mere ‘homework’. Though it is a hypothetical move, the PML-N has justified it as a precautionary move. Pakistani politics is highly unpredictable and all of a sudden the party’s smooth sailing can be hit by unexpected high tides, quoted a member of the PML-N.
A stalwart disclosed that they have the remedy of such constitutional matters in the Charter of Democracy (CoD), which allows the creation of Federal Constitutional Courts (FCC) to resolve such matters. It might be true for the future but this does not hold true presently. It will be interesting to see how the judiciary and civil society would react to any such amendment.
The effects of such acts are still fresh in our memories; case in point when Justice Sajjad Ali Shah restored 58-2B and the subsequent fallout from that decision. The past cannot be allowed to repeat itself and neither can Pakistan as a nation afford such scenarios in its present predicament of terrorism.
However, his argument carries weight, when one considers the Constitutional Reforms Committee and the fact that all political parties have previously agreed to amend the Constitution according to the true spirit of the CoD.
But he faced opposition to his argument from within the PML-N as some lobby members declared his claim premature and non-political. They dispelled the impression that they want any controversy with the judiciary but at the same time they boldly stated that parliament is the supreme law making authority and it should be respected. Concluding their arguments they said that we have to plan for the future today and not be dictated by the events of the past.
Several proposals were under discussion today at the Punjab Assembly. The Sharif brothers are in a real fix, as they do not want to empty the throne of power for another party member. Nor, sadly, does anyone from the PML-N has enough courage to offer his or her services for the possible opening. But it is sure this time the Khosas have no chance, quoted a hawk. Another whispered that this time the replacement would not be from within the Punjab Assembly.
The proposals being discussed are Late Ghulam Haider Wyne type arrangements where a dummy Chief Minister would be introduced and Shahbaz Sharif would exercise the Chief Minister’s real powers. Hamza Shahbaz Sharif’s name was also discussed. Many MPAs in the Punjab Assembly were of the view that Hamza Shahbaz could be a good choice for the slot. He is the best bet since he suits the Sharif family.
But most of the PML-N parliamentarians were of the view that such arrangements could not work as they would face harsh criticism from the opposition as well as the media, which could further weaken their position among the masses. Describing ‘the weak position’ a member of the PML-N disclosed that the provincial intelligence agencies have reported that due to the unclear stand on issues such as relations with the US, drone attacks, ‘role of friendly’ opposition, unprecedented price hikes, deteriorating law and order situation, sugar and flour crisis, focusing on political victimisation instead of the real issues being faced by the people has alienated the masses from the PML-N. He added that it was because of this report that the PML-N was considering to postpone the Local Bodies elections for a year.
These were the reasons why the PML-N wanted to postpone by-elections in Punjab. The by-election results in Mansera and Lakki Marwat further pushed the Punjab government to reach this conclusion. He further added that according to agency reports the by-election results in Punjab would not be favourable to the PML-N. If Local Bodies elections are held at this time, the PML N would only grab 15 districts, he added.
Another option being discussed is that Shahbaz Sharif would take oath as a senior minister and will have similar powers as the CM. If the PML-N wishes to take this route, then Shahbaz Sharif will have to get it approved by Punjab Governor Salmaan Taseer, which will be a hard task for him. However, Hamza Shahbaz is the right person for this arrangement. Opposing this proposal, several PML-N members said there should be some difference between Raja Riaz and Shahbaz Sharif.
The other option is Shabaz Sharif and Chaudhry Nisar swap horses. But this proposal faced very strong opposition because no one is in favour of inviting a bull – Chaudhry Nisar – into a china shop. Chaudhry Nisar faces strong opposition in party ranks for any assignment in Punjab and the Sharif brothers will not accept such a change either, commented a senior PML-N member.
Nawaz Sharif will take the final decision. A number of PML-N members were of the view that Sharif has already decided and speculation is afloat that Hamza Sharif will be the final choice if the Supreme Court decided against Shahbaz Sharif’s eligibility.
Nawaz Sharif’s spokesman Pervaiz Rashid claimed that Shahbaz Sharif’s eligibility is under no threat. While reasoning his claim he said the PML-N had consulted its legal team and after their recommendations had nominated Shahbaz Sharif for PP-10 by-elections. He said Nawaz Sharif is not considering any replacement for Shahbaz Sharif. When pointed out that PML-N party workers were talking about this matter with ‘friendly media’ he said these individuals are not party loyalist and that the party leadership had not given PML-N members the permission to discuss this matter with the media.
When pointed out that the PPP also did not defend the NRO in the Supreme Court after consulting their legal team, Mr Pervaiz Rashid concluded, “I am not responsible for what others have done”.
Daily Times, 12 Feb 2010
http://www.dailytimes.com.pk/default.asp?page=2010\02\12\story_12-2-2010_pg7_14
PPP holds CJ responsible for standoff
Sunday, 14 Feb, 2010
LAHORE: The Pakistan People’s Party has held Chief Justice Iftikhar Mohammad Chaudhry responsible for the ‘present judicial crisis’.
“Heavens would not have fallen had the CJP waited till Monday to take up the matter of elevation of Justice Khwaja Sharif to the Supreme Court and appointment of Justice Saqib Nisar as acting chief justice of the Lahore High Court,” PPP’s Punjab president Rana Aftab Ahmed told Dawn.
“Perhaps it is the first example in the country’s history that a CJP held court in the evening to suspend a presidential order,” he said.
“This is against the spirit of independent judiciary. The CJ should respect the mandate of people. If he does not want to allow the democratic system to run it is better for him to assume offices of the president and the prime minister.”
Mr Aftab alleged the CJ’s decision to suspend the president’s order was a move to destabilise the country. “Please stop playing with the nation and don’t take steps which result in disintegration of Pakistan,” he said.
PPP leader Prof Mian Ijazul Hasan said: “The CJP has become a party against the PPP government and is acting like an SHO.” He said: “Actions of the CJP must be impartial.”
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/16-ppp-holds-cj-responsible-for-standoff-hs-06
Neither is it obvious what Chief Justice Iftikhar Chaudhry hopes to gain by setting aside the seniority principle and appointing the less-senior Justice Saqib Nisar to the Supreme Court instead of LHC CJ Khwaja Sharif nor is it obvious why the executive is unwilling to accept Justice Khwaja Sharif continuing as the LHC CJ and wants Justice Saqib Nisar in that job instead.
So the country is confronted with a highly arcane and technical dispute over constitutional prerogatives between the executive and the head of the superior judiciary but a dispute which nevertheless carries the potential for having seriously destabilising effects on the polity.
At this moment, all sides need to step back, take a deep breath and think very carefully about their next moves. The backdrop to the latest moves is what is perceived to be the escalating tension between the executive and the judiciary since the Supreme Court’s judgment in the NRO case.
Historically, clashes between these two institutions have led to disastrous consequences for democracy and constitutional continuity in the country. The fate of a high court judge here or a retired Supreme Court judge there should not hold the country’s political future hostage. Common sense must prevail.
Dangerous escalation
Dawn Editorial
Sunday, 14 Feb, 2010
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/12-dangerous-escalation-420–bi-01
How objective is Jang Group / Geo TV on this issue? Here are some examples; just read the headings, you won’t need to stretch your imagination any further.
Biggest gamble lost even before the game started
Sunday, February 14, 2010
News Analysis
By Ansar Abbas
(Here you can notice the tribal mafia nature of Punjabi judges and their candid information and views sharing with the Islamofacist journalist Ansar Abbasi).
President gets what he deserves
Sunday, February 14, 2010
By Tariq Butt
(This chap is a long time loyalist of the Butt brothers, i.e. Nawaz Sharif and Shahbaz Sharif.)
‘President, PM liable to contempt cases’
Sunday, February 14, 2010
By Usman Manzoor
(He quotes right-wing lawyers such as Akram Shaikh and Wajihuddin Ahmed.)
Establishment alarmed
Sunday, February 14, 2010
By Muhammad Saleh Zaafir
(This chap works are a personal assistant to Ansar Abbasi. Both his master and he work for the notorious Hizbut-Tahrir. Here is a classic from Saleh Zaafir’s article: “The important elements of the establishment were also alarmed about the insanity being demonstrated from the tall building of the Constitution Avenue.”)
NBP stops CJ from cashing his cheque of Rs 99,000,
And the CJ hits back by creating a judicial crisis in Pakistan?
Sunday, February 14, 2010
By Ahmad Noorani
ISLAMABAD: The authorities of National Bank of Pakistan refused to cash a personal cheque of Chief Justice Iftikhar Chaudhry, NBP sources said.
Spokesman for President Zardari Farhatullah Babar said he was completely unaware of any such development.
According to sources, a personal check of Rs 99,000 of Chief Justice was returned by the bank’s Melody Branch, Islamabad, without any reason. The cheque was kept on hold for more than two weeks.
Regional Operations Manager of NBP in Islamabad Malik Hayat admitted that there was sufficient money in the relevant account and the cheque could have been paid. “I don’t’ know further details so I cannot comment on this,” Hayat said while confirming the unfortunate event of January 27, 2010.
According to NBP sources, following the bouncing of the check on Jan 27, junior staff of the SC considered it some mistake on the part of the bank official. However, sources say as the top NBP management was ordered by the highest office of the country, they continued to defy the requests from the SC officials. On February 12, 2010, the SC administration came into knowledge of the actual situation and high-level NBP management was asked to conduct immediate inquiry over this humiliating act and take appropriate action. Sources told The News on Saturday that the bank management suspended three junior officials who had no link to the episode.
The officials suspended were Chief Manager Muhammad Irfan, Operation Manager Abdul Nasir and Deposit Manager Ibrahim. Chief Manager confirmed in no way he had any link with the process of cashing this cheque. Irfan insisted that his suspension on the issue was purely an official matter. He said that he will prove before the inquiry committee that he was not guilty.
http://thenews.jang.com.pk/top_story_detail.asp?Id=27250
Here is an excellent analysis at Grand Trunk Road:
http://www.grandtrunkroad.com/?p=933
No clash between Supreme Court and the Government: Constitutional Experts
Kurd rejects any clash between institutions
ISLAMABAD : Former President Supreme Court Bar Association of Pakistan Ali Ahmed Kurd Saturday rejected any clash between the vital institutions saying that people, who sacrificed and spearheaded lawyers’ movement for two years, would not allow any clash.
Talking to private News channel he said the principle has been set in the famous Al-Jihad Trust case that senior most judge of a High Court would be elevated to the Supreme Court of Pakistan.
He said any clash between vital institutions would not be good for the country. He urged all stake holders to act patiently and try to resolve the matter amicably.
Source
Aitzaz sees no clash between government and judiciary
FAISALABAD, Feb 13 (APP):- Former President Supreme Court Bar Association and leading Jurist, Barrister Aitzaz Ahsan has said “that there will be no clash between the institutions and issue of appoint of judges will be resolved amicably.”Talking to media after attending a function here Saturday Aitzaz said that some elements are trying to create misunderstanding between the government and judiciary.
He said that present judiciary is fully aware about the consequences of confrontation with the government because present set up of judiciary was restored after hectic and long efforts by all segments of the society.
“Since the inception of the country, there is no precedent in our history that the people had ever sacrificed for the cause of the Independence of the judiciary. Likewise, the way the Chief Justice of Pakistan and his brother judges challenged the dictator and refused to tow his line is also unprecedented in the world”, he asserted.
“The government is also aware about the consequences of clash with judiciary and there is no chance of direct clash or dispute between the ruling alliance and superior judiciary”, he maintained.
He said that some elements are trying to create mistrust and confusion between the government and the judiciary but these elements would not succeed in their evil designs adding that the government is fully respecting the court orders.
Aitzaz said that he has asked the “government to implement the NRO judgments and the mood of the rulers is also the same adding that he had not noted that government is deviating from implementation of the NRO judgment.
He said that the government is fully implementing the NRO judgment and there is no constitutional or political crisis in the country.
aitzaz said appearance of nterior Minister Rehman Malik, Minister for Local Bodies Sindh and Special advisor to President and senior government functionaries before various courts on NRO cases is ample proof that government is implementing the judgment however, some of the matters will take more time for implementation.
He said that Justice Shakirullah Jan has asked for constituting a larger bench of the Supreme Court in case of appointments of judges and government will present its report on February 18th.
“Recommendations of Lahore High Court Chief Justice, Khawaja Sharif, for appointment of judges and objections thereon from the Governor Punjab would be presented before the Supreme Court, and it is the court which would see and decide the issue hencefourth”, he added.
Aitzaz said that “Governor Punjab is enjoying immunity in cases and those who are issuing statements for handcuffing him disgracing the such high offices and creating confusion in society”.
“Such uncalled reports and statements are harmful for the present coalition between PPP and PML (N) as well as the system”, he concluded.
Source: APP
The establishment is pressurizing the democratic government so that President Zardari agrees to toe -line the establishment’s policy on India, Afghanistan and Taliban.
The beleagured democracy in Pakistan – by Mujahd Hussain (Aaj Kal)
http://www.aajkal.com.pk/news/2010/2/14/editorial_n5.jpg
unfortunately politics is dominating in this whole episode, rather than constitution…now every one is understanding that chief justice is acting like political player toeing establishment’s line…Same PCO judge allowed Gen Pervaiz Musharaf to rule country for three years and amend constitution according to his wishes and interests..All his main supporters Aitzaz Ahsen, Ali Ahmad kurd, Justice Tariq Mahmood , Asma jehangir and Abid Hussain Minto criticizing CJ political posture and attitude ??
According to Article 206 of the constitution, the judge stood as “retired” after refusing to accept the decision of elevation.So Present Govt should take action against rebel (PMLN judges)..These judges declare mutiny against democratically elected civilian Government.
Ali Ahmed Kurd clearly stated that the principle had been set by the SC verdict in the Al-Jihad Trust case that the senior most judge of a high court would be elevated to the Supreme Court,He termed the president’s decision was in accordance with the constitution….
Salaam to All,
Why our eyes do not weap after looking matters like this. A blind and unjustified things are going on. What is happening in our country. Only A single person can appoint judges, there is no criteria?
We read in the book of history. Qazi was always appointed by Khalifa.
We would wakeup after anything will happen, or now.
We do not go to poll our vote. Stayed in home on day of election. Here are so called intellectual are submitting their opinon. How many people poll their votes.???
PPP should leave government. Forget rule. All PPP members should resign from all assemly and senate.
Let them govern on country. What will happen. Why lust of power. If PPP government is so weak , that he can not control on sugar crises than what one expect.
It was so bad to appoint taseer as governer and clash between PPP and PML N is for the sake of power only not for the betterment of pakistan.
Please , for God sake think about pakistan not about PPP and yourself
Please I beg to all of you. We need a better pakistan not power graber.
PPP workers stage rallies in support of President
Updated at: 1957 PST, Sunday, February 14, 2010
ISLAMABAD: The activists of Pakistan Peoples Party staged rallies in different cities to show support for President Asif Ali Zardari on Sunday.
The PPP workers held demonstration outside the Lahore Press Club against Pakistan Muslim League-N. They chanted slogans in support of party’s Co-Chairman President Asif Ali Zardari and burned effigy of PML-N chief Mian Nawaz Sharif.
Rana Aftab Ahmed, Senator Faisal Raza Abidi and other party’s workers also took part in the protest demonstration.
Speaking on this occasion, Rana Aftab said the decision made by the judiciary in the dark would not be accepted.
The PPP workers also took out a rally in Garrison city of Rawalpindi, where they set ablaze tyres on Murre Road. They had gathered in large numbers in front of the Press Club with placards inscribed with slogans in support of President Asif Ali Zardari.
In addition, rallies were taken out in Multan and Karachi also in support of the President.
http://www.geo.tv/2-14-2010/59252.htm
کراچی صدر زرداری کی حمایت میں ریلی
نثار کھوکھر
بی بی سی اردو ڈاٹ کام، کراچی
ججوں کی تقرری کے معاملے پر صدر آصف علی زرداری کی حمایت میں پیپلزپارٹی کے کارکنان نے کراچی میں ریلی نکالی ہے۔پیپلزپارٹی کے رہنماؤں نے اعلان کیا ہے کہ سترہ فروری کو کراچی میں صدر زرداری کی حمایت میں ایک اور بہت بڑی ریلی نکالی جائےگی۔
کراچی پریس کلب کے سامنے ریلی سے وزیراعلیٰ کے مشیر راشد ربانی، سید نجمی عالم، وقار مہدی، سعید غنی اور دیگر نے خطاب کیا ہے۔
مقررین کا کہنا ہے کہ ججوں کی تعنیاتی کے معاملے پر میرٹ کا خیال رکھا گیا ہے اور ہر کسی کو اپنا کام کرنا چاہیے اور کسی ایک فرد کو تمام منصب نہیں سونپے جاسکتے۔
پیپلزپارٹی کے رہنماؤں نے کہا ہے کہ ماضی میں انہوں نے اپنے قائد ذوالفقارعلی بھٹو کا عدالتی قتل برداشت کیا ہے مگر ان کے مطابق اس مرتبہ وہ کسی کو آصف علی زرداری کے عدالتی قتل کی اجازت نہیں دیں گے۔
ان کا کہنا تھا کہ ججوں کو ایسی کیا جلدی تھی کہ انہوں نے رات کو دس بجے عدالتیں لگائی ہیں۔جبکہ ان کےمطابق دن میں عام لوگ ملکی عدالتوں میں انصاف کے حصول کے لیے دربدر ہو رہے ہیں۔
پیپلزپارٹی کے رہنماؤں نے اعلان کیا ہے کہ وہ آصف علی زرداری کی حمایت میں سترہ فروری کو پیپلز سیکریٹریٹ سے کراچی پریس کلب تک بہت بری ریلی نکالیں گے۔
http://www.bbc.co.uk/urdu/pakistan/2010/02/100214_karachi_rally.shtml
Islamabad—Pakistan People’s Party workers staged a rally in support of President Asif Ali Zardari here on Sunday in front of the National Press Club.
The workers had gathered in large numbers in front of the Press Club with placards inscribed with slogans in support of President Asif Ali Zardari. They chanted slogans ‘long live Asif Ali Zardari’, “We are with You”, “Aik Zardari Sub Pae Bhari”.
Addressing the participants of the rally, President of Women Wing MPA Nargis Faiz Malik said Pakistan People’s Party believed in merit, rule of law and supremacy of constitution.
She alleged that some elements in the country were indulging in power politics. The MPA said Pakistan People’s Party would not be blackmailed by such elements.
In Rawalpindi: Local leaders and workers of Pakistan People’s Party from the district Sunday expressed full confidence in President Asif Ali Zardari and strongly criticized the Nawaz Sharif’s statement against the President.Despite rain and gusty winds, hundreds of PPP leaders and workers gathered here at Benazir Bhutto’s memorial, and marched up to Rawalpindi Press Club. They raised slogans against the head of Pakistan Muslim League, Nawaz Sharif and also criticized the judiciary.
A number of PPP workers led by District President Shaukat Abassi, City President Malik Aamir Fida Piracha, Raja Khalid Mahmood Tehsil President Tauqeer Ahmed Abassi participated in the protest march, besdies Secretary Information PPP, Shujat Haider Naqvi and Khuramm Kiani of People’s Students Federation.
Addressing the participants outside the Rawalpindi Press Club, the speakers said some politicians are criticizing the President without any reason just to gain political mileage. They showed their determination to foil all the conspiracies against democracy in the country.
PPP leaders and workers offered prayers at the memorial of Shaheed Benazir Bhutto.
In Chakwal: Around 100 workers of Pakistan People’s Party (PPP) took out a rally in favour of President Asif Ali Zardari here on Sunday.
They marched on various roads of the city and gathered in front of Chakwal Press Club.
In Lahore: General Secretary Pakistan People’s Party Jehangir Badar said in Lahore his party had faced four eras of dictatorships and now whoever wants to launch a movement may do so because a democratic right.
Talking to media persons he said judges’ appointment is a judicial matter, therefore, he won’t make any comments in this regard.
He said Pakistan Muslim League-N Chief Nawaz Sharif has a complete right to issue statements.
However “all the forces will have to move ahead hand in hand for the better future of Pakistan. If these forces remained disintegrated, no prosperity could be provided to the people”, he added.
He said, Imran Khan’s statement has disappointed him. “Imran Khan was a polling agent during the referendum in Musharraf’s rule but now he is talking about launching a campaign”.
In Peshawar: Hundreds of Pakistan People’s Party workers and members of People’s Student Federation (PSF) staged a sit in to express support for President Asif Ali Zardari here on Sunday in front of the Peshawar Press Club.
The participants of the rally were holding placards inscribed with slogans in support of President Asif Ali Zardari. They also chanted slogans in favour of the President. The Sher Shah Soori road remained closed for vehicular traffic at the time of gathering of PPP workers.
The rally was led by prominent PPP worker and President of PPP Peshawar, Ayub Shah. Speaking to the partymen, Ayub Shah Pakistan People’s Party believed in merit, rule of law and supremacy of Constitution.
He said Asif Ali Zardari is a Constitutional President and had been elected by all Provincial Assemblies.
Ayub Shah said some vested elements were trying to develop confrontation among institutions, but PPP will scuttle all such conspiracies which are not only harmful for democracy, but also for the country.
In Karachi: Pakistan People’s Party (PPP), Karachi Division on Sunday staged a demonistration in favour of the decision pertaining to the appointments of superior courts judges by President Asif Ali Zardari, outside the Karachi Press Club.
The participants of the protest expressed absolute solidarity with the President Asif Ali Zardari on step about the appointments of the judges.
They also approved a resolution through which full confidence was shown into the leadership of President Asif Ali Zardari, Prime Minister, Syed Yousuf Raza Gilani and Chairman PPP, Bilawal Bhutto Zardari.
Addressing the participants, the speakers said the decision about appointments of superior courts judges is taken in accordance with the law and the Constitution.
Speaking on the occasion, General Secretary, PPP Karachi Division, Saeed Ghani said, “The President appoints judges on merits basis and same was done by the President”.
They also announced that a protest rally will be taken out in support of President Asif Ali Zardari on February 17, from the People’s Secretariat here.
Among other notables, the large number PPP activists, the leaders of the party including, MPA Ms. Farzana Baloch, Advisor to Sindh CM, Rashid Rabbani, President PPP Karachi Division, Syed Najmi Alam and Provincial Advisor, Mrs. Noor Jahan Baloch were also present.
Pakistan Bar Council (PBC), the country’s supreme body of the lawyers’ community, termed the strike call announced by President Supreme Court Bar Association (SCBA) Qazi Anwar as “un-necessary” saying that the matter was already subjudice and certain directions had already been passed.
The executive committee of the PBC met here with its Chairman Chaudhry Nasrullah Waraich in the chair. Former President of SCBA Ali Ahmad Kurd, Senator Kazim Khan, former Vice Chairman PBC Haji Said Rehman, Chaudhry Ashraf Wahla, and Mohammad Yasin Azad also attended the meeting.
The meeting discussed an application challenging the election results of SCBA President Qazi Mohammed Anwar by Barrister Bacha. Bacha also filed another application in which he contended that Qazi Anwar had been convicted by a court of law in a case so he was ineligible to hold the office of President SCBA.
PBC sources said that the Bar members had opposed the strike call extended by the SCBA president. They were unanimous that Qazi Anwar had adopted a confrontational stance which was damaging the cause of lawyers community and was also creating divisions among them.
http://pakobserver.net/detailnews.asp?id=15607
Clearly I am no expert on constitutional matters. Therefore, I have no opinion on the constitutionality of this latest confrontation. However, I sincerely hope that this confrontation between the executive and the judiciary will be sorted out in a manner that maintains the ‘majesty’ of law, upholds the basic principles of the Constitution and does not undermine the powers or the legitimacy of the executive branch of the government.
Here I wish to make a rather obvious point. Pakistan has a ‘young’ and inexperienced democratic system in place that is still trying to find its ‘sea legs’. The fact that it is young and inexperienced is partially the responsibility of our superior judiciary that in the past sided consistently with undemocratic forces.
It would then seem to an inexperienced neophyte like me that the Supreme Court of Pakistan at this point in time would be more inclined to shelter and protect the ‘tender shoots’ of democracy rather than undermine a democratically elected government, however inefficient and immature it might seem to be. For if this government is made to seem totally ineffectual then it will also make it completely incapable of governing the country.
And without any disrespect to the authority of the Supreme Court or the president, I would most humbly suggest to them that our country faces problems much graver and dangerous to our survival than the question of who sits in the Supreme Court. So gentlemen, please find a mutually acceptable and honourable way out.
Syed Mansoor Hussain has practised and taught medicine in the US. He can be reached at [email protected]
The problem of judges —Dr Syed Mansoor Hussain
http://dailytimes.com.pk/default.asp?page=2010\02\15\story_15-2-2010_pg3_3
Jang Group’s campaign against the non-compliant lawyers
The News (of Jang Group) terms heroes of lawyers movement as zeroes, in an article written by Muhammad Ahmad Noorani, the deputy personal assistant to Ansar Abbasi of Hizbut Tahrir:
Past heroes, now zeroes
Tuesday, February 16, 2010
Viewpoint
By Ahmad Noorani
ISLAMABAD: Some of the past heroes of the historic lawyers’ movement are now turning into big zeroes. They have started supporting the anti-independent judiciary movement and the presidency allegedly because of they see lucrative millions in government jobs and assignments as fees.
According to senior lawyers who rendered numerous sacrifices during the movement for the restoration of the judiciary, this is happening because of the desires of some of the former top leaders of the lawyers’ movement to get their choice lawyers appointed as judges of the high courts.
These lawyers say that some of their colleagues also want the Supreme Court to decide each and every matter according to their will and understanding of law and the constitution. These lawyers say when the top leaders opposed the lawyers strike call in January, their opinion was sincerely considered and the boycott call was taken back.
“However, now when the Zardari-led government has violated the constitution, the lawyers leader who were made heroes by the people of the Pakistan sided with the presidency of Asif Ali Zardari and did not participate in Monday’s historic boycott by the lawyers,” a senior lawyer said.
He added: “These former leaders did not know that they became heroes because of their stance in support of the independent judiciary and because of the people. If they continue to oppose the lawyers’ struggle, not only the public but the new generation of lawyers will not forgive them”.
He said in the garb of saving the democracy, the former lawyers’ leaders are siding with worst ever dictatorship in civil dress. On the other hand four top leaders – Aitzaz Ahsan, Athar Minallah, Justice (R) Tariq Mehmood and Ali Ahmad Kurd – have their own views on the issues.
Despite absence of these leaders, Hamid Khan, Rasheed A Rizvi, Latif Afridi, Mehmoodul Hassan and present president of Supreme Court Bar Association (SCBA) Qazi Anwar, who are also the leaders of the historic lawyers’ movement in last three years, actively participated in Monday’s lawyers strike by keeping all the interests aside.
Justice (R) Tariq Mehmood was of the view that if the lawyers would have announced staging of protest in front of the Prime Minister House or the Presidency he would have been part of this protest but he is against boycott of the courts. “Now, there is an independent judiciary, so why we are boycotting the courts?”
Justice Tariq gave his reason for not participating in Monday’s lawyers’ protest. When asked that why he did not give this suggestion to the present leadership of the lawyers’ movement, he said whenever he expressed his views to this new leadership they simply listen to it and ignore it.
Ali Ahmad Kurd, when approached by this correspondent was of the view that he will not disclose the reasons for not participating in lawyers’ protest right now and will make his disclosures after three days.
Athar Minallah also said he would record his reasons later, while Aitzaz Ahsan did not respond to many calls and messages sent to him. Aitzaz was also specifically sent some questions, which also remained unanswered.
Hamid Khan said he was part of the protest and tried to defend his former colleagues, saying that Munir A Malik was out of the country for his medical check up while all other lawyers’ leaders supported the lawyers’ call to protest against unconstitutional orders of the presidency. He said though some of the lawyers did not participate in the protest due to different reasons but they never opposed the call.
Source: http://www.thenews.com.pk/top_story_detail.asp?Id=27286
In a democratic system Parliament is always supreme and sovereign, It is the spirit and essence of democracy. Now if Parliament is supreme it means that it must have authority to take all the decisions but unfortunately, Judiciary is usurping this right. In all the countries where law rules, Parliament is authority to make appointment of judges but unfortunately the way Chief justice adopted was totally against the rule of law and essence of democracy. The compulsion to consult Chief justice simply gives Chief Justice a choice to appoint judges of his own choice. The question is either the same way is followed in the civilized world?
Iftikhar Chaudhry must hold his horses?. The recent move by CJP raises some serious questions? Does Iftikhar Chaudhry want his hegemony on Judiciary by handpicking judges? What are his aims by appointing judges of his own choice?. Does he want decisions of his own interests by appointing his close associates? Does Chaudhry working according to essence of long and toiled campaign, for his restoration? Is it not the violation those principles, that raised him as a hero? These are all serious questions which must be answered. Not only Pakistani people but foreign media is also pointing fingers at current Judiciary. BBC in one of its recent article accused Iftikhar Chaudhry for bequeathing his relatives and a special group. U.S wall street Journal while commenting on recent war on the democratic Govt by Judiciary said that, adventure against Zardari makes Judicary controversial, adding that interference in political matters constantly negating Judiciary true role. After the recent development, the nation is force to think that Iftikhar Chaudhry has become a strong ally of Mian Nawaz Sharif. Judiciary is making mockery of this nation and mandate of people of Pakistan. I guess this man would give indispensible loss to this country.
Iftikhar Chauhdry is adamant at pursuing his anti-democracy agenda.
Look at the timings. Nawaz Sharif and Iftikhar Chaudhry are actinv in unison. Right wing establishment and media is all out in their support.
SC announces to send NAB tops to jail
Updated at: 1250 PST, Tuesday, March 30, 2010
ISLAMABAD: Supreme Court (SC) has ordered to put behind bars the Chairman of National Accountability Bureau (NAB) Naveed Ahsan and acting Chairman Irfan Nadeem, Geo News reported Tuesday.
The six-member SC bench headed by the Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the Court Contempt notices against the NAB, Interior Ministry, the FIA and high-ups of Establishment Division for not implementing the SC’s NRO verdict.
The court also slammed the Swiss cases record’s being kept at Pakistan’s High Commission in London and said in its remarks that the matter relating the President’s immunity could be scrutinized if put before the court.
The NAB counsel Abid Zuberi told the court that Swiss cases record has been taken from the Pakistani High Commission, adding the record is sealed.
Justice Khalilur Rehman Ramday wondered who would be responsible if the record is mishandled at the High Commission, adding this is the record which is under the custody of the criminals.
NAB chairman Naveed said the issue of President’s immunity is stumbling block in the matter relating Swiss cases. The CJ responded that if somebody faces problem over the issue, he would contact the court; addressing the NAB top official not to advocate it for nothing, as he (the President) did not claim the immunity.
The CJ Chaudhry told the NAB official that he will remain jailed until the NRO verdict is materialized.
Justice Chadhry Ijaz bristled in his remarks that the Executive is above the court’s verdict stemming its implementation.
NAB chief said he was on leave from March 9th in the wake of court verdict on the NRO.
Ahsan said he unconditionally apologizes to the Court, arguing that he was under wrong impression with regard to presidential immunity. The Chief Justice reprimanded Chairman Nab, saying that if someone has any thing to claim regarding immunity, he or she should come to the court to claim it, and that how could Chairman NAB decide on this matter on his own.
The CJ said if he does not send the responsible persons to the jail then he himself would fail his duties.
Though, the Swiss cases were not opened; but, the 60 million dollars of the country were searched for, he interrogated.
Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry addressed the NAB chief, ‘You had 80 days; but, you didn’t take any action before going on vacations. The Court gave you one-day notice tomorrow. Now, we are sending you to jail on one-day notice, as you are the responsible for no implementation.’
‘You will stay in jail until the SC’s verdict on National Reconciliation Ordinance (NRO) is implemented; the NAB wasted over three months,’ the court scolded.
The CJ Chaudhry told Ahsan that he is being sent to Adiala Jail on contempt of court and the court would see about if the government shows up for his rescue.
http://thenews.com.pk/updates.asp?id=101804