In a significant development, President Asif Ali Zardari on Saturday turned down a recommendation by Chief Justice Iftikhar Mohammad Chaudhry to elevate Justice Mian Saqib Nisar, senior puisne judge of the Lahore High Court, to fill the seat which has fallen vacant after the retirement of Khalilur Rahman Ramday.
“Keeping in view the lego-constitutional position, Prime Minister Yousuf Raza Gilani has advised President Asif Ali Zardari to request Chief Justice Iftikhar Mohammad Chaudhry to reconsider his recommendation of Dec 19, 2009, for making recommendation afresh for elevation of the senior-most judge of the LHC to the Supreme Court,” an official announcement issued here by the law ministry said.
The problem with Babar Awan and Co. is that even if they raise a valid point and identify something which shouldnt go the way CJ wants it to, the media and people will come hard at them anyway because lying and hypocricy have sort of become synonymous with these guys. With the CJ reaching an inconic status over the last couple of years, whenever a similar story appears the first thought that comes to mind is: CJ right, Govt wrong!
Not too sure who’s right and who’s wrong as im no expert on legal matters but one things for sure, things are gonna get messy.
And soon.
@rafay70
agree with you but in this matter,
CJ Definitely RIGHT…..Govt Definitely Wrong.
I really hope that things get messy. Pakistani nation is already in a messed up state. First step in recovery is removal of this govt. (plus Hanging of Zardari). If after total mess, we succeed in removing this govt, than it will be win win situation.
As per Al-Jihad Trust decision, the Govt took right step to elevate the senior most Judge of HC Lahore is Kh. Sharif but he is going to retire during 2010.
True and Independent judiciary will not come into Pakistan, current one will leave after the departure of Chaudary Itfikhar and other judges. Parties like PPP & PML-N will never like to have strong and independent institution keeping in view of their track record. Only hope is PTI who time and again asked for having an independent commission comprising of ex judges and members of National assembly who will recommend names for judges rather then President or ruling party.
only hope is current judges and Pakistan Tahriq – e- Insaf
Pakistan Zindabad and Zardari is going to be hanged InshAllah in front of our beloved Quaid -e- Azam mizar.
My Question is:
Who will form the interim Govt?
BR
The dirty game Zardari and his henchmen are planning to play has started. They are trying to undermine the CJ and will cry wolf at the end and change the fundamental issue of “Grand Theft of the coffers of poor people of Pakistan”, into a personal vendetta match of the CJ vs. the “Political Orphan, Asif Ali Madari” who lost his political mother, BB and political father, Bhutto, due to the grand conspiracy of the, establisment, Army, and “terrorists” and the Pak Judiciary.
The most disturbing fact remains that how this criminal was able to manipulate a political party and the people of Pakistan and was able to setup a “Kleptocracy”, “literally rule by thieves“. Not only this international criminal with the help of his corrupt and psychopath wife who was able to fool the world and a lot of people of Pakistan and was able to make a deal with a dictator while she was sitting in the laps of the American Neo-Satans and pulled a rabbit out of the “tin Commando’s ass, called NRO.
Only in Pakistan this kind of gross miss justice and an insult to the Pakistani people, especially the so called educated elites, can take place. One will ask why? Simple answer is that the Pakistani establishment and the political parties have been systematically transformed it to a hand full family Mafia’s and in case of MQM, an ethnic Mafia.
All the major political parties are in control of a strong man or a strong woman, (incase of BB, when she was alive). These strongmen/women have the ability to hand pick people for the election nominations, (I will describe it as franchising the parliament, like McDonalds), have ability to assassinate, murder, kidnap, rape, torture people. In Pakistan, we never had democracy after loosing our founder due to health issues, we always ended up with “Kleptocracy” ( literally rule by thieves), run by the clans of corrupt people and their offspring’s, who were grownup with the stolen(from the poor of Pakistan) gold spoon in their “mouth” at birth.
This second and third generation, such as all the young political prince and princesses of PPPP, PMLN, PLMQ , ANP and the royal Mullahs parties of Pakistan have been Breastfed on corruption and are living like rock stars and royalties and do not have any shame or conscience due to the fact that they have grownup in the western world and received the education and rubbed the shoulders with the sons and daughters of the Kings and Sultans and take it for-granted to rule the peasants of Pakistan as a royal birthright.
The most dangerous aspect of this Pakistani political family Mafia’s hierarchical Family monarchies, is the cross breeding of their “demonic”(raised on the blood and sweat of the poor and the loot from the poor) offspring, between different so called opposition and the ruling elites. This bastardization of the political parties has created a phenomenon called “friendly in crimes” opposition. At the end of the day they are all the same, corrupt to the core, lying, scamming, deal making, under educated, mentally underdeveloped subhuman political race with one thing in common, to protect the right of these handful political Mafias to take turns on “raping” the majority helpless poor people of Pakistan.
According to the constitution if CJ sends the same name again, it has to be appointed. I don’t understand why Zardari and his Durbaris think they have a lot of sh*t in their as*. It doesn’t take much to get it out when the time will com. PPP key jub maut aatey hey tau yeh Givt. mein aa jaati hey. Let’s see what happens to them this time. BTW, Asima Ch. presented a great Session with Farooq Laghari, everyone knows Zardari’s kartoots but it’s great to listen these from the horse’s mouth.
@rafay70:
Absolutely right….
And loss of credibility is the biggest problem this govt is facing. Actually it became obvious very early in this govt and unfortunately they never seriously tried to rebuild the trust. And now they are at stage where,
Waaiz saboot lay jo may keh jwaz main
Iqbal ko yeh zid he ke peena bhi choor day
SCBA president announces strike on Jan 28
Talking to journalists after the Lawyers Coordination Committee here, he said the Constitution has been violated by not appointing Justice Nisar, adding there are vacancies of judges lying unfilled at all four high courts.
Qazi Anwar said the government did not put the SC ruling into action, demanding that the foreign cases against President Asif Ali Zardari should be begun.
http://www.geo.tv/1-24-2010/57688.htm
Dekho Dekho koh aayah, Sher aayah Sher Aayah, we have a new Lion in Town.
Its very simple do Amal-Daraamat on SC decision and you maybe saved. Bring back all your looted wealth and apologise to this nation and we will forgive you otherwise the Party is over.
sardar zardari is not some mouse in rat hole… he is also a king with solid american backing… he will show pakistani people that no one can catch him
zerdari has proved he is a true leader.cj is just playing politics,cj thinks he is above law.zerdari will teach him his real job.
Whatever happened to Zardari’s slogan that in times of war we should all be united and not disturb “democracy” This is a totally uncalled for move and confrontation with the judiciary is both unwise and selfish in deeds. Babar Awan’s foolishness is written all over this move.
But then what do you expect from a man who confesses he learned all his experience or the lack thereof from the prisoners in the jails over the last 11 years.
Maybe he should go back and lead them
I have heard retired Justice Tariq saying that notappointing justic khwaja sharif is bad decision as he is the most senior judge, and justic tariq is one of those people who really worked hard form the restoration of these judges. I think cj iftikhar ch is becoming controversial when people like justic tariq and Kurd sahib is talking against this decision.
this mess is not healthy at all. both the government and SC should act wisely.
@Salam
yahan barray barray king Amrikah nay LAaey
kuchh ne tublay bhi bajaey aur raag bhi gaaey
ab durtay hein London mein bethhay huaey
dekhna Altaf kahein koi pakarr Kay na layjaey
Bola is per Altaf Kalia commando king say
hum nay Saari zindagi laashay he giraey
bus yeh Kay hakumat mein bethhay raho
Kya himmat kisi ki Jo hum pay ongli uthaey
i dont think that any think bad gonna happen here … and i said this before as well that CJ will turn down his suggestion … and become more popular … and this is true as well that Gillani is playing a beautiful role for this country …
thing*
justice4all,
How can i respond to such a high level poetry, it is beyond my comprehension. I tell you a simple thing, sardar zardari is nothing by himself, it is the hands behind zardari that give him political + economic protection, same hands that gave protection to mushy. These hands don’t care about people, they only care to secure their interests.
@Salam
It’s not only poetry but a lot out of your comprehension, like, read this:
” And did not Allah Check one set of people by means of another, the earth would indeed be full of mischief.” 2:251
we,the human beings, are just puppets, the real power belongs way up. Hope you comprehend this and stop crediting USA for all the disgrace our “Beloved Kings” suffer at the end.
CJs proposal was against the law .
We all struggled for the rule of law so no to out of turn promotions and ad hoc judges
also No to disqualification of the president based on 62/63.
13.7 million people of pakistan voted for 5 yrs of ppp govt.
Army,judiciary and the opposition all of us have to learn to respect the views of fellow citizens
I see a conspiracy against not only against AZ but also CJ.
It looks like a game is being played to have these two stand against each other then send both home.
No body wants independent courts except ordinary public.
Even our establishment wants a submisive courts to achieve their goals leading to military rule after every 5-19 years.
BTW, I just want to point out that Imran Khan is most popular in Punjab Univerity,my sources tells me whivh may be wrong.This source is not even supporter of IK.
Regards,
MH
justice4all,
Sure, you seem like a very smart and wise guy. First you impressed me with high level poetry then you impressed with translation meaning of a verse from Qur’an. And at the end you enlighten me with your deep understanding of qadha-wal-qadar concept of iman.
Wow, what books are you reading and what is a puppet doing here?
All this happened after Zardari met Aitizaz. Did he (Aitizaz) advise Zardari to ignore CJ recommendations.??
Aitizaz Ahsan is jealous from CJ so he is Paplia and big looser. AH will either want to get top slot OR he will side against those with whom he feel jealous. He is professionally jealous with CJ.
@ pakistan
This is now time that we should try not find conspiracy in everything bad happening around us.to give a few examples
Terrorism – conspiracy of india/usa/drones
Baluchistan – conspiracy of india/?usa
even 9/11 conspiracy of jews/usa
Now it is time to take responsibilities and learn from our actions/experiences
To repeat the same examples
Terrorism- religious fanatics/jihadis/kashmir liberators let lose after 2001/drones flying with permission from pakistan with military/airforce approval
Baluchistan repeated unwarranted/poorly conducted army(mercanary) action+economic and political exploitation+political murders
9/11 alqaeda+religious fanatics found every where in every country
NAB appointments raise serious questions
By Ansar Abbasi
Instead of appointing independent officials in the NAB and FIA, as decreed by the Supreme Court of Pakistan, the PPP government has appointed trusted favourites to run key departments and protect the interests of the high and mighty.
Sources said a trusted man of the rulers and a Petarian Kausar Iqbal Malik has been appointed as new Director General Operations despite strong reservations within NAB over his appointment. Malik is not an employee of NAB but a banker, who has been attached with the NAB and continues to draw salary from the bank he originally belongs to. Despite this, he has been given this most important position.
http://www.thenews.com.pk/top_story_detail.asp?Id=26845
@ConcernedAmericanPak
Thank you for a well written analysis. Couldn’t agree more with you.
After return of summary, CJ still has upper hand
Justice (retd) Wajihuddin Ahmad said the consultation of the chief justice of Pakistan was binding on the executive.
“The chief justice of Pakistan will send the summary back to the president after addressing all those points raised,” said the retired judge, adding: “The chief justice must be well prepared and will answer the points raised by the president with reasons and logic because obviously his summary also contains references in line with the Constitution.” He mentioned that the points raised by the president would be of frivolous nature and would be well addressed by the chief justice.
It is pertinent to mention here that the registrar of the Supreme Court in a statement given to The News last week mentioned that the recommendations of the chief justice are binding on the president, and any deviation from it would be a contradiction and subversion of the Constitution.
http://www.thenews.com.pk/top_story_detail.asp?Id=26846
The Party for Awaam is beginning and we want OUR money back, they is no where to hide Mr President who has gone to turkey for 4 days after intense pressure from Adiliya, Awaam and of course our beloved DR SM.
@ Pakistan
u are right absolutely …
CJ has gone nuts… every one is against him on this judges appnmnt decision and ad hoc one.. he says so much abt system n yet he is following persons…. no to ad hoc judge without reason no to by passing seniority n preferring personal choices…. he shud explain why a junior judge would supersede a senior one… CJ shame shame
So Supreme Court Bar Asso. has called for a strike on Thursday! Probably all Zardari has to do is keep quite, adliya ki credibility khatam kerne keliye Qazi Anwar he kaafi hai.
As far as question as to who has Constitutional upper hand is concerned, there is little controversy.
According to strict adherence to letter, CJ sends the summary to President, he is allowed to send it back once, however, if he chooses to resend the same summary, President is bound to approve it.
But the spirit of Constitution as determined in Al-Jihad case has made it clear that senior most judge should be promoted to Supreme Court. Kurd and others have made it clear that while President would be bound by CJ’s summary if returned as it is, CJ would be acting against the spirit of the Constitution which people have fought for. Its similar to President’s keeping a party office, its acceptable according to the letter but conflicts the spirit of Constitution.
Mr 10% is legless and has no moral standing the simple reason being that why he is doing Panga NOW when in past he has promoted junior judges.
President had promoted junior judges in the past
ISLAMABAD: President Asif Ali Zardari had already approved two recommendations of high court judges where a junior judge was made either the chief justice of the same high court or of another high court without any hesitation and if he returns any recommendation for appointment of any judge or ad hoc judge now the president would have to give reasons, well-placed sources in the Law Division revealed.
http://www.thenews.com.pk/daily_detail.asp?id=218863
So those of you who jump on the bandwagon of criticising CJ should tread carefully.
@ aftab: you do realize that even though the PPP can be criticized on the matter, the CJ can not be defended. You can give the reply that why the President has a sudden change of heart to follow the spirit of Constitution but an equally valid question would be that why the CJ has decided to abandon the spirit of the Constitution? After all it is the Adliya which is obsessed with spirit and morality, so shouldn’t they practice what they preach?
@ skunk
I think it is matter of perception from People Palty supporters that CJ has abandoned spirit of constitution but Asif Zardari has abandoned constitution in letter and spirit because he is a convicted absconder from this country.
Lolz. He is a convicted absconder? His conviction was over turned by the Supreme Court in March 2008, and reaffirmed by Supreme Court in 31st July 2009 verdict when all administrative acts were declared valid. Again, would you give the same argument to Kurd or Justice retd. Tariq or many other lawyers who do not have any links with PPP what so ever?
@ skunk
The administrative acts declared valid were done under NRO and since NRO has been declared Void ab initio and as such those cases are now being revived.
We lack leadership to change the country as well as lack mob to change the leadership.
First step towards good governance is to make a law awarding death penalty for corruption just like China (nobody raised finger on it), although making this law will almost completely wipe off PPP as well as PML, both N and Q but we have to start somewhere. You may make a thousand visits to China to see their progress but if you don’t make the laws that put China where it’s at right now, forget about everything.
New update:
LHR: ‘Sanaullah’s plaza escapes drive against high-rises’
* Report claims Punjab law minister concealed facts from High-Rising Building Commission .
http://dailytimes.com.pk/default.asp?page=20101\25\story_25-1-2010_pg1_6
According to legal experts, if the rules were to be followed in letter and spirit, the seniority principle should be given primacy. Citing the Al-Jihad Trust case, they said every puisne judge had “legitimate expectancy” to become the chief justice of a high court after the elevation of its chief justice.
According to former Supreme Court Bar Association (SCBA) president Justice (r) Tariq Mehmood, “Although former CJP Sajjad Ali Shah was heading the bench that laid down the seniority principle in the Al-Jihad Trust case in 1996, his own appointment was held illegal by a bench headed by former chief justice Saiduzzaman Siddiqui in the 1998 Malik Asad Ali case.” He said that later in 2002, another SC bench – headed by former chief justice Sheikh Riaz Ahmad – held that elevation to the SC was a fresh appointment rather than a promotion.
Article:Future of democracy
For the past few months, we have witnessed a concerted campaign against President Zardari and the PPP-led government by the opposition, a section of the media, and some lawyers. They ignored all democratic norms; the subtext in this propaganda was to ask for an extra-constitutional and anti-democratic intervention to remove the incumbent president and government. Those who orchestrated this insidious campaign need to brush up on their history and learn some lessons while they are at it. In the past we have seen that such ‘interventions’ have ended up as disasters. It is because of this that the democratic system in Pakistan has not been able to take root, develop and mature. Democracy’s wings are clipped every time it is ready to take off, with the result that whenever a democratically elected government comes to power, it has to start from square one. With each such cycle of extra-constitutional and anti-democratic intervention in our history, we slide further and further back to minus square one. If democracy is allowed to sustain itself, despite our discontents, state institutions will be strengthened, thereby making the country strong.
In the wake of this coalition of vested interests tilting against the president and the government, the closing of ranks of the PPP is a sensible move indeed. It will boost the morale of the PPP workers who felt besieged till now and will also pour cold water on the aspirations of those who wanted to drive imaginary wedges between the prime minister and the president. PPP-backed candidates have won key offices in district bar associations across the country. Thus the party has decided to reactivate its lawyers’ wing to defend the party and its leadership. Of course, this does run the risk of leading to a confrontation between the pro-PPP and anti-PPP forces. In the long run, it does not bode well for the future of a reconciliatory approach to politics that has so far been adopted by all political parties. For a stable democratic system, it is imperative that political confrontations are avoided at all costs. If polarisation between the PPP and the PML-N grows, the future of democracy would be left hanging in the balance. *
Source: Daily times
Attention ALL
Ayaz Amir is a PML-N MNA, please read his column in daily Jang. Its an eye opener for us as we all want to kick Zardari from the office to please Ch Iftikar but Ayaz opens our eyes.
http://www.jang.com.pk/jang/jan2010-daily/25-01-2010/col4.htm
Please add your comments in the light of this column.
Thanks
Aftab
@afisadi,thanks for sending the above link,very good article.
Ayaz mir is Seudo Liberal working for hidden agenda of PMLN who always tries to be stupid intelluctual….
@afisadi said:
Attention ALL
Please add your comments in the light of this column.
Thanks…
Here we go my friend…..
I had to write this long assay to show my contempt for Ayas Amir, one of my favorite reads of the past, were his columns in the newspaper, and expose his change of skin and tone towards the CJ.
The essence of free speech is that we all have a chance to express ourselves, as some of us, especially I, have no binding love or affiliation for any particular family and ethnic run political party and am not getting any single penny or notoriety, since my name represents my feelings, not my identity.
Each time I get labeled as the Zardari hater by the Zardari “Lovers”, I feel; good that I am in no way or form am in Love with a jailbird, feudal, international criminal and a political family Mafia Don, Asif Ali Madari. In Pakistan, especially in Lahore, you can find quite a few Young lovers (Londas) of old (Uncles), rich and powerful men. Now these lover are male or female really does not matter, in matter of speaking. Are they AC or DC lovers, that is a very personal choice of behavior.
As they say never get in between a lovers quarrel, it can get dirty. So I will leave the Asif Ali “Madari”, Nawaz Sharif and Altaf Bhai’s lovers alone and will read their comments with the appreciation of a “Greek love tragedy“. The most dangerous lovers of all are the Ghosts and graves lovers and lovers of “Legendary peoples leaders”, of the kind, who while living were legends in their own mind.
Now coming to the point of Ayaz Amir is a PML-N- MNA, is a Puppet? Servant? lover of the party’s “Heads“? An opportunist feudalist? An inferior man to the 2nd division BA pass man with limited vocabulary and intellectual level of no more than a 2nd division BA pass man or woman in Lahore? Or less rich than the Nawaz family Mafia group?.
Why such an intellectual will join a third rate leader who took advantage of the people of Pakistan’s feeling of a good business person, who can help them to succeed their embattled country in the Business world and grant them the livelihood, most Pakistani are starving for, a decent paying job. Instead of making Pakistan prosperous, this man with small brains and lager than live ego, started to control the ML into his private “Banadi”(a female servant of all the desires and needs)of so called powerful men) or courtesan.
He put his first initial as the Party name and loaded the party with his close family members and even his “Lottery of fame and fortune winning” ( the rich husband)” wife’s family also. He became so drunk with the power that he decided to attack the supreme court, had the army chief fired, while in the air and was very close to declaring himself the new Caliph of the Muslim world. The man who ate so much rich “Lahori” food that half of his brain probably is made of saturated fat.
Once Ayaz Amir joined the family Mafia run party of one of the richest man in Pakistan, who can command a large group of Political prostitutes, along with Imran Khan, whom I support and the royal mullahs, with BB(pak daman, virtues) and made his family associates and paid servants to write a document called “Charter of Democracy“, a document of the Mafia bosses agreement of simply forgiving each other from the crimes they committed against the nation of Pakistan by not following the existing laws of the land and constitution. After creating an atmosphere of elegance and projection of wealth to select, one of the most expensive cities in the world, London, to conduct the personal political circus, full of Pakistani political jokers, drinkers, smokers, party jugglers, party prostitutes and the men and women of greed and theft. They declared the event as a hajj of all the political leaders of Pakistan and after signing the dotted lines, they pardoned themselves from all the Past crimes, “How Convenient”, sounds like an NRO Nawaz Sharif style, an self NRO, how shameful and hilarious at the same time.
This party leader, who takes his wife and himself to the best gastrologist in London when even he passes more than normal Gas, has 100’s of million dollars worth of properties and businesses around the glob, with the laundered money from Pakistan, declares that he has $60 in the bank in Pakistan and he owes money to his “royal” offspring, raised on those tens of millions of laundered dollars in the west. The man either thinks that the people of Pakistan are as dumb as he was born as, or he is way smarter than us, the people of Pakistan.
Ayaz Amir has sold his dignity by joining this man’s pocket party and in the process, whatever he writes, has the personal slant of the Nawaz Mafia in it. He is no more than a “hired pen” and an intellectual prostitute of the Noon League. Nawaz and Zardari, both are afraid of the CJ and will collaborate in the propaganda war of misrepresentations of the current free judges Supreme Court and their paid agents and even their “bearded male prostitutes”, likes of Ayaz Amir, will join the Holocaust of character assassinations of the honorable CJ of Pakistan supreme court.
Ground realities answer every question:
Why are these professional politicians jumping high ?
What factors made them behave eratically ?… NRO just NRO..whole nation is clear about that.
Forget about appointment of two candidates. What about 50% appoinements waiting in
all high courts ? They have not signed because of FEARS.
Who fears ? you me , other writers of this forum ?. Only the corrupt politicians.
A group of so-called leaders now proved thieves. They wake up and find million of
accounts puring into their accounts. Ha sit ever happened with any of the forum writer’s accounts..I means have you ever found hude money bebited into your accounts by some unknowns ?.
Now look at your so-called parliametary bunch of corrupts:
Have you ever observed them making laws to stop corruption ?
Have you ever saw them passing laws to decrease expenses so that to spend state-money wisely. Just merciless corruption with tax payer money is a business as usual.
62 long years..these politicians played havoc with the funds (most of these are inheriting
politic business from their fathers/fore fathers..family tree).
How many votes by the way these so-called larger parties have earned (8 millions out of 180 million) . Do you think it is justicifed to allow a bunch of corrupt people to
plunder for full 5 years..when open prooofs and incompetency is clear to all.
Let us stop one thing first..that is corruption, go after accontablity..right from these
corrupts-in-hand and move back ward to I dont care..1947.
Do you believe that a corrupt group of politicians would like a system of equal justice?.
Even those labelled SHAHEED are plunged into this filthy corruption acts.
What is 248 by the way ?. Is it superior than the dignity of nation ?. Nations says a BIG NO
to those 8 millions and want to put the country on track and in the hands of honest people.
Nation wants a good system and damn care about few dozen corrupts get punished/hanged.
Let us do what is best for the country..and ..let it be done by people having CHARACTERS.
PPP has many personalities who could lead effectively but as we all see,
it is bunch of corrupts supporting each others to save the face from
THE MOST SHAMEFUL ACT COMMITED BY TOP-LEADER SHIP OF P-P-P.
No way out..just no way out for the corrupts.Every action from there side…you see..
is further entangled them..unable to breath.
CORRUPTS ARE ADVANCING TO RETREAT:
Article : Ain Ka Zameer written by AYAZ AMIR (MNA PMLN)
MUST Read Article:
http://jang.com.pk/jang/jan2010-daily/25-01-2010/col4.htm
Have look at the comments of true gentlemen and supporter of CJ.
According to Justice (retd) Tariq Mehmood, a prominent constitutional expert, if the name of Justice Saqib Nisar is sent by the chief justice for the second time in his fresh recommendation despite the reasons given by the president, the matter will then come before a bench of the Supreme Court for an authoritative decision.
He, however, was of the view that if rules of principle were to be followed in letter and spirit, seniority principle should be given primacy.
Quoting the Al-Jihad trust case, Mr Mehmood said every puisne judge had a legitimate expectancy to become the chief justice of a high court after the elevation of its chief justice.
Although former chief justice Sajjad Ali Shah was leading the bench that laid down the seniority principle in the Al-Jihad trust case in 1996, his own appointment was held illegal by a bench, headed by former chief justice Saiduzzaman Siddiqui, in the 1998 Malik Asad Ali case.
Later in the 2002 Supreme Court Bar Association’s case, another bench, headed by former chief justice Irshad Hasan Khan, had held that elevation in the Supreme Court was not a promotion, but a fresh appointment.
The judgment came against the backdrop of a controversy erupted when now retired judges — Justices Khalilur Rehman Ramday, Mohammad Nawaz Abbasi and Faqir Mohammad Khokhar — were elevated to the apex court, passing Justice Falak Sher who was chief justice of the LHC.
Source
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/12-justice-nisar-summary-returned-no-presidential-assent-to-cjs-proposal-410–bi-08
SC to go ahead in Malik contempt notice
Chief Justice Iftikhar Muhammad Chaudhry in his remarks said court never intervened in the affairs of parliament.
Earlier, a two-member bench of Supreme Court heard Steel Mills corruption case. Rehman Malik was also present in the court. The interior minister submitted his written reply without lawyer.
Chief Justice while addressing Rehman Malik said you have no idea how much Steel Mills corruption case suffered because of you. Malik has informed the court that FIA is not eligible to audit Steel Mills therefore we are hiring a foreign firm.
http://www.geo.tv/1-25-2010/57752.htm
My advice to RM is that he should for political asylum in the UK if he wants to be saved otherwise he is going down.
Pakistan should get rid of corrupt people by true justice including Zardaris,Sharifs,Choudries etc.
Non-implementation of SC verdict on NRO
LAHORE: The Lawyers National Coordination Council on Sunday warned the government that if the Supreme Court verdict on the NRO was not implemented the legal fraternity would stage a protest against the government on January 28.
http://www.geo.tv/1-25-2010/57728.htm
@ConcernedAmericanPak
u said “Ayaz Amir has sold his dignity by joining this man’s pocket party and in the process, whatever he writes, has the personal slant of the Nawaz Mafia in it. He is no more than a “hired pen” and an intellectual prostitute of the Noon League.”
Generally your comments show your deep concern for Pakistan but I feel that you some times get very furious on issues.Who ever challenges your settled views and set of beliefs,you come forward to denounce and even start a campaign of personal attacks;Bro,every issue has many sides and many aspects,one can high light one side and some one other does the next,this is what a quite democratic norm,If some point of view differs your belief set,then reject it by information and discourse not just mere WRATH and with a vengeance.
You are so called educated,living in democratic country like USA,and hope that you also learn to accept diversity and democratic right of every one to keep one’s opinion on different issues.
While one can differ Ayaz amir’s write ups but he has always been very vocal and straight forward on issues.He normally doesn’t shot in the air,but discuss issues with more logic,which may be acceptable to some one or not.
The seniority principle has long been the established criteria for the elevation of Judges to the higher courts, the reservations of executive should also be considered by the legal fraternity. One must remember in all fairness that absolute power corrupts so it is important that a c balanced is maintained between executive powers and judicial activism so that both spheres can function in accordance to the constitution
My Question is Same:
Which team is going to form the Interim Govt and will be have full authority to form it?
@proudpakistani85
As per theory,If PMLN does not agree to play on the wickets of Establishment as per their demands then Bengladesh style Technocratic Govt set up may formed which comprises of Judiciary+Some selected politicians and Technocrats etc with full backing of Military Economic Umpire.
Reference against Zardari’s eligibility sent to EC
The “constitutional reference” has been moved by Maulvi Iqbal Haider under Articles 63(2) and 41(3) of the Constitution.
The applicant has asked the Chief Election Commissioner (CEC) “to re-scrutinise the candidates of the presidential elections” due to the fact that the NRO was “conditionally operational” at the time. He said the nomination papers had been accepted subject to final decision of the Supreme Court on petitions challenging the NRO.
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/13+reference-against-zardaris-eligibility-sent-to-ec-510-za-10
The Party will be over very soon, to much ayeshy has been done at the expense of the poor Pakistani awaam.
@aftab
u said “The Party will be over very soon, to much ayeshy has been done at the expense of the poor Pakistani awaam.”
Keep it up for your wishful thinkings and day dreaming,which your right but let me inspite of all pressures,propaganda and hardships meted out against PPP by Military Alliance,they have never succeeded in their mission to wipe it out,rather Party has always come up with more strength, sense of unity and increased support base in masses.
The subtext of propaganda of many on this forum is to ask for an extra-constitutional and anti-democratic intervention to remove the incumbent president and government.If any one has problem with PPP then face PPP in political ground and through elections,where PTI proves not more than a simple TANGA party,only PPP and PMLN enjoys true grand support base in Pakistan.
@ mir munsif
How r u my friend i was only winding you up. Lol
LOLZ, LOLZ, LOLZ, Hard to believe but after all he is a PPP minister, why would he let any opportunity go, sometimes I think may be corruption is in PPP blood and they want to do everything that will give them satisfaction that they have taken their share, ok now to the story:
The Defence Minister of PPP Mr. Ahmed Mukhtar who is also acting Chairman PIA can’t afford his breakfast/lunch etc…whenever he is in Islamabad or enroute Islamabad from Gujrat Shareef, PIA’s kitchen at Islamabad airport is ordered to send food for 10 people or 15 whatever the number of people are accompanying him, which they enjoy at PIA office in Islamabad. PIA kitchen’s van full of fooooooooood makes frequent trips to PIA Islamabad for the defence minister and his buddies riding with him most of the time. Although he has a house in Islamabad but still PIA food is his favourite as it is for “FREE”, taking advantage of it is also staff at PIA Islamabad as they add their share to it to, if the minister asks them to order food for 10, they order for 15 as who cares as the corruption begins from the top.
I wonder, people drink wine, eat Haram but still like “HALAL” meat.
For PPP, it doesn’t taste good if it’s not ” HARAM “.
Lets see what happens, corruptions on peak. Zardari is doing somehow , taking his advantage
I have seen articles mentioned the government side of story in this thread but non from the CJ side.
Following story in news should provide a balanced view
http://www.thenews.com.pk/top_story_detail.asp?Id=26698
few excerpt for the people with balanced opinion
”
However, the top legal experts, including former CJP Justice (retd) Saeeduzzaman Siddiqui, Justice (retd) Wajihuddin Ahmad, Akram Sheikh and even the petitioner of the Al Jihad Trust case Wahabul Khairi advocate, in their views have already said that it is the CJP’s discretion to promote any judge of the high court. They say that it is not necessary to appoint the senior-most judge of a high court as a Supreme Court judge. They have agreed that the CJP’s recommendations are in line with the Constitution as well as Al Jihad Trust case.
”
about CJ relations
”
According to legal circles, Justice Khawaja Muhammad Sharif enjoys excellent working and personal relations with Justice Iftikhar Muhammad Chaudhry… Justice Iftikhar Chaudhry respects Khawaja Sharif a lot for his courage and he is very much satisfied with his performance also. He thinks that Justice Khawaja Sharif is running the LHC affairs very well despite the shortage of 40 judges and that is why he wants Khawaja Sharif to continue in Lahore as the LHC chief justice.
”
Now it really does not make any sense to replace such an efficient person who is able to manage lahore high court in such a dire situation, created artificially by the current government to pressurize the judiciary, with a new commer. There is no question about the dignity and honesty of either of respected judges but , as it happens any where in the world, Manager is more aware of the capabilities of his subordinates then the CEO of the company for a particular department, thus it is manager’s job to hire and his responsibility to bear the consequences. In this case, government is happy to allow CJ to burden the consequences of this appointment but not willing to allow CJ to exercise his right to hire/promote whoever he sees eligible. To cement the point , as said in the news article
”
Justice Iftikhar Chaudhry also wrote in his summary that he is recommending the name of Justice Saqib Nisar with the consent of Justice Khawaja Sharif.
”
When Khawaja Sharif is not opposing, who is Mr Zardari to object ?
@ geelemitti
Very nicely summed up.
@ aftab: The only case Zardari was ever convicted by a court, he was declared not-guilty without recourse to NRO in March 2008. Hence it was not declared void by the declaration of 16th December verdict. It’s a fact not a point of argument. Look it up.
@ skunk
You are right accept my apologies.
@mir munsif
Who ever challenges your settled views and set of beliefs, you come forward to denounce and even start a campaign of personal attacks; Bro, every issue has many sides and many aspects, one can high light one side and some one other does the next, this is what a quite democratic norm, If some point of view differs your belief set, then reject it by information and discourse not just mere WRATH and with a vengeance.
You are so called educated, living in democratic country like PPPP’s Pakistan, and hope that you also learn to accept diversity and democratic right of every one to keep one’s opinion on different issues.
Why don’t you morons go out on the streets asking for a new honest president?
The world appears to be sleep walking towards a mega-crisis during 2010 and beyond resulting from that of continuing and escalating terrorist insurgency fed by U.S. terrorist policy, that is spreading like a cancer across Pakistan resulting in the disintegration of the Pakistani economy
The NRO and insecure
In the meantime, Zardari held several meetings with Nawaz Sharif and, just to keep the pressure on PCO judges, on March 9, the infamous Murree Accord was signed between Zardari and Nawaz Sharif. The 30-days deadline was thus not a commitment to the nation but, in fact, a deadline to the PCO judges to deliver.
Four days later, on March 12, the SGS Cotecna case was disposed of. It was the same case in which, after the Supreme Court had set aside the conviction by Justice Malik Qayyum on April 6, 2001, the case had gone back for retrial, which was underway. On March 14, 2008, on the application of Zardari’s counsel Farooq H Naik and with the consent of the opposite counsel Danishwar Malik, the Accountability Court No. 3 in Rawalpindi proceeded to acquit Ali Zardari in the famous BMW case. The presiding judge was Sagheer Ahmed Qadri who, in his order, expressly stated that as the case fell outside the scope of the NRO, the acquittal was being ordered under general law.
Interestingly, it was the same case in which, after hearing Zardari’ counsel Aitzaz Ahsan’s lucid arguments, a full bench of the Supreme Court headed by Chief Justice Iftikhar Chaudhry granted bail to Asif Zardari. It was on the basis of that order of the Supreme Court that Asif Zardari was released on bail and left Pakistan.
http://www.thenews.com.pk/print1.asp?id=202111
I am curious, are we discussing right or wrong, morals, law or what? As far as the topic goes and the ensuing debate, what most people here are trying to prove is that how malicious Zardari’s intention were in sending back the summary. The fact that its a Constitutional right of the President to send it back at least once, or the fact that with or without NRO he can not be disqualified unless you invoke the ’sagacious’ clause by which no Pakistani may be able to qualify is also ignored, lastly no one has so far commented as to almost unanimous condemnation or disapproval by all prominent leaders of the lawyers movement of the request by the CJ of appointing Ramday as an ad hoc judge as well as the disassociation of most lawyers from the strike call, including the Lahore bar.
@Aftab,
I am fine bro and how are you doing?
SKunk,
Good work bro,Keep it up!!
News update:
Lawyers point of views:
http://express.com.pk/epaper/PoPupwindow.aspx?newsID=1100836844&Issue=NP_LHE&Date=20100126
Pres Zardari is making a mockery of the Judicial system.
The CJP has full power to recommend the names of “would be judges” on merit as established, while the President has to accept or give valid reasons for declining.
But the reasons given are merely lame excuses to confront head on.
Zardari and company must read the constitution carefully without employing — habitual delaying tactics.
It must be realized that there is a huge backlog of cases due to civil and criminal offences of the corrupt elite —once pardoned under the notorious NRO.
Mr. President and all involved must step down immediately in the best interest of the nation, so that the PPP can complete its remaining term under a refined leader.
Mr Zardari must now be prepared to face a Reference already filed in the Federal Election Commission, because his election to the Presidency stands invalidated under the detailed judgment on the black ordinance(NRO).
Thanks a lot mir munsif…..
Lets all discuss one thing….
Morally what should be the punishment of corrupt leaders??? So what should be the action of a loyal pro pakistani???? regardless of our political affilications???
News update: Leaders of lawyers’ movement oppose strike
ISLAMABAD: A number of senior lawyers who were at the forefront of the movement for the independence of judiciary have opposed the strike call given by the National Coordination Council (NCC) for Jan 28, warning that the move would harm democracy and constitutionalism and divide their community.
“This is premature and we are not going to boycott courts on Thursday,” Sindh High Court Bar Association president Rasheed A. Razvi told Dawn.
For more details: http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/13+leaders-of-lawyers-movement-oppose-strike-610-za-06
@proudpakistani85
U said “punishment of corrupt leaders”.There should be accountability of political leadership and even across the board,the unparalleled authority which Military Economic Umpire has enjoyed for their own advantages by creating corruption factories, talibans,Ethnic divisions,sectarianism,orthodoxy,Pro elite system etc,The Military Establishment with their alliance in media,judiciary and Pseudo Politicians are root causes of every trouble and even the biggest challenge of today’s Pakistan.
CJ is totaly wrong and president done the right thing.
Mir Munsif:
Yes, but the most important question is :
Who will do it and what implementation steps required to this noble act??
We are educated professionals and to be honest here on this platform i still see people fighting because of their politcial affiliations rather than principals…This is such a shame…
When can we come out and kill those corrupt damn so called leaders rather than fighting with each other and crying over it again and again…
@tariqmian
You seem a big authority on constitutional things and now you started FATWAS against PPP leadership.
Read the comments of leaders of Lawyer community Justice (rtd) ,Aitzaz,Kurd,rasheed a razvi’s feed back on the issue and then pls reply me..what was wrong in Govt’s actions and why it makes you so furious against PPP..is it genuine concern of yours or just HATE shot with name calling words by you on the issue??
Study well the facts bro,before you comment.
Thnx
Some rest bite for PPP loyalists
Drunk lawmaker detained in Lahore
LAHORE: The city police have arrested Pakistan Muslim League- Nawaz (PML-N)’s member of Punjab Assembly Amir Hayat Khan Rokhri on drinking charges here on Tuesday.
http://www.geo.tv/1-26-2010/57852.htm
@ Mir Munsif
I am fine Sir. Thnx
We are not going to derail system if Minus Corrupt Formula is applied, it will actually strengthen the system.
@aftab
“We are not going to derail system if Minus Corrupt Formula is applied, it will actually strengthen the system.”
Bro,I agree u on ur above statement but if this minus corrupt formula is applied by Kings of corruptions (Military Establishment) through un constitutional means with selective assistance from Judiciary and certain Media class then,it will be like one more IMPOSED Corrupt and Illegitimate Formula because Unconstitutional and anti democratic steps to dislodge govt are more punishable than corruption alone.Minus Corrupt formula should be for all,across the board and this could come with the revolution of all people of Pakistan,not by manipulation of agencies or Extra judicial activities of SC alone.
Innocent people don’t you know the track record of this zardari led govt? They have to lick their own spit and this time too it is going to happen. Once the CJP returns the summery with his same recommendations, as per constitution it will then be binding upon president to act accordingly.
In fact zardari on advicer of Malik and Baber is trying to bully the CJP like thugs. They are going to be shamless again.
Remember then Kaira and Fauzia wahab will be saying every thing has been as per constitution since presidency had cwertain obswervations, it sent the summery back to CJP. Once he insisted govt acted as per constitution.
They are chracterless people with no ethics. Only “CHOURI & LOOT” is their profession.
May Allah Save Pakistan from the evil hands of these corrupt people, Ameen
@ Mir Munsif
The lawyers can have a different point of view but i think this call for boycott is justified, 6 weeks have passed and no movement on the SC judgement.
Also this is the same AA who 6 weeks ago asked all NRO beneficiaries to Resign but we don’t see anybody resigning.
Lahore High Court extends Rehman Malik’s bail
LAHORE: The Lahore High Court on Tuesday rejected Interior Minister Rehman Malik’s application to relieve him from appearing before the court in person.
Earlier, the Lahore High Court had dismissed Malik’s application to waive his sentence in two references in the yellow cab scam and directed his counsel to file a written petition under Article 199 of the Peoples’ Representatives Act.
These two references had been filed against the then Director FIA Rehman Malik for committing fraud in the yellow cab scheme.
Malik fled the country after the verdict was announced against him in 2004.
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/03-lahore-high-court-extends-rehman-maliks-bail-ss-04
The first Qurbani will be RM.
I believe the papers and media should not just focus on CJ and the NRO issue rather time should be given to liberal and moderate messages that tend to break the militancy culture in Pakistan which is unfortunately on the rise. What do you guys think about this?
The lawyers from Lahore have called a strike against the media’s defamation of the alleged killer of the 12 year old girl Shazia Masih! So they finally do realize that it the fundamental maxim of law is indeed innocent until proven guilty and for an accused in the murder of a twelve year old.
How do we send in friends requests?
I meant
PS: How do you send friend requests
PBC rejects SCBA strike call
SCBA President Qazi Anwar hinted that he could reconsider his strike call after it was rejected by the PBC.
http://www.geo.tv/1-26-2010/57873.htm
Qazi Anwar is pussy footing about, once you have made a decision you should go ahead with it, he should have thought about that before announcing strike call.
Coming back to the issue at hand, Mr Zardari and Co will NOT abide by SC Judgement and its only a matter of time before they is clash.
NAB says Zardari is not a convict
Senior advocate A K Dogar claims that in the BMW case, Zardari was sentenced to three years imprisonment in 2005. On the basis of Dogar’s claim, former chief justice of Pakistan Justice Saeeduzzaman Siddiqui had recently said that in case Dogar’s claim was based on truth, Zardari was not eligible to contest the elections for being a convict in line with the Supreme Court’s detailed judgment on the NRO. Siddiqui said that in that case any member of parliament could raise objection before the speaker who would be bound to send a reference in this regard to the chief election commissioner of Pakistan within 30 days.
“Zardari was sentenced in absentia. Under clause six of the NRO any conviction in absentia was declared as void ab initio,” AK Dogar said, adding: “Zardari, through his lawyers Farooq H Naek and Arshar Tabraiz (who was later elevated as a judge of the Islamabad High Court), pleaded before the Accountability Court that there was not much evidence against him in the BMW reference and so he should be acquitted under 365-k of the CrPC.”
AK Dogar said that NAB prosecutors kept a mum and Zardari was acquitted in the BMW reference case. He said that no acquittal was sought in punishment awarded to him under 31-A of the NAB Ordinance. Dogar’s claim has, however, not been confirmed by NAB.
http://www.thenews.com.pk/top_story_detail.asp?Id=26883
Pakistan needs to be freed from corruption, nepotism and incompetency for the better future of it and its people!
http://www.youtube.com/watch?v=lZPRaIWE3UY
@mir munshi
I do not give any fatwa nor do I hate any one.
I know all about the comments of the leaders as you mentioned, but I do have my own independent analysis and opinion regading the current scenario.
Although, I always do calculate before I say anything, yet, to err is human.
However, I am geuinely concerned with the poor governance, half hearted writ of state and interruption in the administration of justice.
I see there is a lack of cooperation on the part of government which has not given any good news to the nation so far. President is glued to his seat with unrepealed 17th amendment. No Charter of Democracy has been implemented. Promises, promises and nothing else. Sadly, Pakistan is going down the drain rapidly.
The historians say that if the system of justice is intect, then no force on earth can harm that nation.
In my view, misleaders are not the leaders.
The PPP needs some leadership with utmost integrity who must be chosen on the basis of strict honesty and integrity with the past record.
I am not opposed to personalities. However, any misleading by the leaders can not be justified under any circumstances.
‘Jaisee rooh waisay farishtay,’ Pakistani qaum is infested with hypocrites. The fact is “religion adultrated with hypocricy” only brings illegitimacy which has been flourishing since 1947.
Pakistan can not progress unless it rids itself of illegitimacy from the grass root level which is possible only with a fresh beginnig.
Since, dismantling must begin from the very top –coming downwardly for the sake of safety and security, hence,we should be ready to face rather encourage this “top to bottom action.”
As Pakistan desperately needs to be rebuilt on brand new foundation (legitimacy), the Superior Judiciary is a real blessing beyond any doubt.
In other words, once ‘top to bottom action’ is complete on corruption free approach, then it would provide a safe guard for the present and future generations.
Our nation can not tolerate “the looter mafia” any longer because enough is enough.
Thank God, Pakistan is lucky to have a last chance in the form of present judicial system under the Chaudhry judiciary, therefore anyone daring to disrupt/derail the newly overhauled judicial system must be shown the EXIT door.
Second recommendation by Justice Chaudhry which has been declined/delayed/polluted after the ‘demised-NRO’ shows malicious activity which proves lack of understanding of the real danger ahead- the country is facing. Non cooperation of the government serves no purpose other than the vested interests of vicitms of the dead NRO.
In the recent past, Pres Zardari appointed five junior judges out of(sitting judges and retired judges) to the supreme court, because the CJP recommeded them on the basis of rule of fitness and suitability. Zardari and Gilani did not have any objection then.
Article 177 of the constitution is not contingent on seniority.
I strongly suspect a foul play in such new items that are trying to disturb the balance of power between the three pillars of state i.e. the judiciary, legislature and the executive. This balance is crucial of ensuring good governance in Pakistan.
Kh Sharif raps govt inaction on court summary
Kh Sharif raps govt inaction on court summary LAHORE: Chief Justice Lahore High Court Justice Khawaja Muhammad Sharif said he sent a summary for the appointments of news judges in High Court two months ago but it has not been implemented yet.
According to Geo News correspondent Riaz Shakir, the required number of judges in Lahore High Court is 50, however, currently there are only 24 sitting judges among which 4 judges are not working because hearing of PCO judges case is still going on.
http://www.geo.tv/1-27-2010/57939.htm
This is despicable behaviour and as the saying goes justice delayed is justice denied.
CJ and all other pco judges are totally politicized. They are united with anti- ppp and zardari , political and non political forces, they want to appoint judges belong to anti-ppp groups and parties, so in future they can give maximum tough time to ppp government. This way,they will gain three point agenda, first they will get revenge from ppp and zardari who was not agree to restore them last two years, second they can reward Nawaz sharif and other parties who were helping to restore these pco judges. Third with these appointments , CJ will have full dictatorial control on whole judicial system and then it will be easy to derail and destroy this system for their further goals
In this situation government have no other choice to block these appointments. There is one solution,There should be one independent judicial commission , this commission should be selected from non pco retired judges, and this commission can choose and appoint independent non politicize judges , all appointment should be approved from parliment. And this commission can invistigate and decide all matters belong to judiciary, including past anti-constitutional activities and crimes of pco judges.
Pakistan is made by Allah and his Rasool. Every one who worked agianst it will be a sign of ????? see thier end. Allah does not forgive them. Justice can be delay but it will be there. e.g. Bahtto, Indra Gandhi, Mujeeb ur Rahman, Benazeer, Shastari and so on. Every one will see the end of all the corrupt politicians , beurocerates, Generals and judges very soon.
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