Chief justice Iftikhar ch. and all present pco judges violated constitutional article 6 to validating marshal law and giving power to Mushraf to break and change constitution of pakistan. And now they violated article 248 to refusing immunity president of pakistan.
LFO or 17 amendment was passed during dictatorial rule of Mr Musharaf, he was still in uniform/chief of army staff and still have illegal powers from Supreume court of pakistan, to maintain his power, to change any law and constitution. So in that circumstances he used many illegal tacts to pass this 17 amendment to protect himself and his helpers, for their illegal and unconstitutional acts and decisions, he try to betray many political parties and used Nap courts and other agencies to pass this amendment.
To pass this amendment during his dictatorial government and with illegal tacts, it was same level illegal act like earlier marshal law and illegal decisions from Supreume court in favor of marshal law, against constitution. So one illegal act can not make legal act to other illegal act. This 17 amendment is defacto and it does not has real legal validation, till, after end of Mushraf dictatorial government, independent democrative parliament validate this 17 amendment. In this situation, Mr Mushraf and all pco judges do not have any legal immunity for their passed illegal acts and judgments, and they are fully answerable to law for their passed illegal and unconstitutional acts and decisions
PKPolitics Discuss » Current Issues
Chief justice and other pco judges must be removed because article 6 and 248
(34 posts)-
Posted 2 years ago on 13 Feb 2010 17:44 #
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'he was still in uniform/chief of army staff and still have illegal powers from Supreume court of pakistan, to maintain his power, to change any law and constitution. So in that circumstances he used many illegal tacts to pass this 17 amendment to protect himself and his helpers, for their illegal and unconstitutional acts and decisions, he try to betray many political parties and used Nap courts and other agencies to pass this amendment.'
Then why PPP departure Musharaf with guard of honor?
Posted 2 years ago on 13 Feb 2010 17:53 # -
Assalam-o-Alaikum-Warahmat-ULLAH ALL,
Brother, I don't know if Article 6 applies or not. This point can be discussed. Usually judges are coerced to comply with a dictator's wishes in order to validate their rule.
Secondly, CJ or Supreme Court judges have not violated Article 248 to-date.
One of your two points is invalid, bhaee jaan.
One more thing, I heard in the program -> 'Aaj Kamran Khan Ke Sath', that the judge seniority issue does not apply to appointment of judges, as per constitution of Pakistan or 'Al-Jihad' case. In other words, that point is also invalid.
Posted 2 years ago on 13 Feb 2010 17:54 # -
Murshraf and all pco judges should be prostecuted for violation of article 6 for their passed unconstitutional acts,but ppp did mistake to let him go and restore this judiciary, they must stand against restoring these political judges, perhaps ppp government was not strong enough to face army oposition to prosecute their ex chief.
To order govenment of pakistan to start swiss case is violation of article 248 and 17 judges of supreume court violated constitution of pakistan to order this.Guard and honor was from pak army to their ex chief, not from ppp government.
Posted 2 years ago on 13 Feb 2010 18:12 # -
Do not trust these geo ancors they are playing their one sided role against this government to make this situation worse, but question is this why there is no rule of law and merit apply to this judiciary who is posing to target others on the name of rule of law.
Posted 2 years ago on 13 Feb 2010 18:22 # -
aftab arif
MemberSazish hori hay.Lol
Posted 2 years ago on 13 Feb 2010 18:25 # -
Redemption
MemberCan someone explain why Zardari prefers Justice Nisar as CJ of Lahore High Court? What I learned is that both Justice Sharif and Justice Nisar favor the new movement of independence of Judiciary.
By moving Justice Sharif to Supreme Court, Zardari does not gain or loose much as the SC is already controlled by an independent minded Chief.
Do Zardari and other feudal want to conquer Lahore High Court, as they cannot do much about the SC?
Posted 2 years ago on 13 Feb 2010 18:57 # -
msyedh
Who zamanay gaey mere dost . . .
Jab Khaleel mian Fakhta urraya karte thayPosted 2 years ago on 13 Feb 2010 19:00 # -
Because Khawja sharif is Noon league member in past and he still prude openly to be supporter of Nawaz Sharif and Noon league, He can not be given all judicial system of punjab in his hand to favor and serve Noon league and to target other parties.( yeh Noon league ka banda ha), justice Nasar is neutral and he can be trusted from all parties. plus Khawaja sharif is most senior and he must go to supreume court, most lawyers in pakistan agree this that Khawja Sharif must be elevated to supreum court because of his senority.
Posted 2 years ago on 13 Feb 2010 19:16 # -
Fakthain uranay walay abi yaheen hain laiken thoray busi hain, agar yeh siyasi judges na samjay to zardari ke saath saath en judgoon kee fakthain bee uraa dee jaiain gee.
Posted 2 years ago on 13 Feb 2010 19:19 # -
Anwer Kamal
MemberGEO Pakistan
President appointed judges on seniority grounds: Law ministry
Updated at: 0243 PST, Sunday, February 14, 2010
President appointed judges on seniority grounds: Law ministryISLAMABAD: Spokesman of the ministry of law has said upon the advise of Prime Minister Syed Yousuf Raza Gilani, the President Asif Ali Zardari has appointed judges, keeping in view the ethics of seniority.In a statement issued from here, the law ministry said according to the decision of Al-Jihad Trust, the most senior judge and the Chief Justice of Lahore High Court (LHC) was sent to Supreme Court (SC) while Justice Saqib Nisar was appointed as the Chief Justice of LHC in compliance with 196th provision of constitution.
The spokesman said the process of consultation in connection with the appointments of these judges had been completed many times, while the summary received here, carrying the orders of the appointments of additional judges in Sindh, was sent back as the recommendations from chief minister Sindh had not been sought.
He said the recommendation from chief minister Sindh was necessary for the process of additional judges’ appointment to complete.
Posted 2 years ago on 13 Feb 2010 22:00 # -
zingaro
Member@msyedh .... why your government gave guard of honor to Musharraf? Why not he was prosecuted for his crimes ?
What are you trying to sell ? Do you think people have lost their memories ?
Posted 2 years ago on 14 Feb 2010 11:55 # -
Raza76
Member@msyedh
Yar I am confused, "Because Khawja sharif is Noon league member in past and he still prude openly to be supporter of Nawaz Sharif and Noon league, He can not be given all judicial system of punjab in his hand to favor and serve Noon league and to target other parties.".. The person who is partial doesnt even be a judge, and you want to elevate him to supreme court from high court???
On even a bigger forum and authority????? I am really confused!!Posted 2 years ago on 14 Feb 2010 14:20 # -
All right than. Let us see bey par ki kis ki urti hai ya pher urni shrou ho chuki hai.
This thread reminds of only one thing. Musharraf ki baqiyat who are active on forums now but to no use.Posted 2 years ago on 14 Feb 2010 14:41 # -
toamin
memberare you guys trying to tell something to a jayala?
lolzz...
Posted 2 years ago on 14 Feb 2010 14:50 # -
Jayaloon ko ab jaan key laley parey hoey hain.
Posted 2 years ago on 14 Feb 2010 14:58 # -
Raza76
well, Khawaja sharif has political contacts with Noon league in past and even now he is Noon league man, but elevating him to supreume court is less dangrous because there he will be working just as one judge, but to be chief justice of Lahore high court he is controling whole judicial system in punjab that is too dangrous for judicial system and for the peoples of punjab and pakistan because his political contacts with Noon league.
best solution is that judges like him who openly supporting one political party should be removed from post but in present political and judicial situation it is not possible. so it is better he should be elevated to supreume court. there he will have little control on judicial system.Posted 2 years ago on 14 Feb 2010 16:49 # -
zingaro
MemberSubhan Allah .. what a log msyedh has given ... Will any sane person like to go for that?
Posted 2 years ago on 14 Feb 2010 16:56 # -
msyedh
The person who reinstated them once again with his notification should also be trialed for article 6.
Lolz you get up finally...........
Posted 2 years ago on 14 Feb 2010 17:13 # -
zingaro
please talk with facts and arguments, khali blame karna ya gaali daina non sense ha.
Posted 2 years ago on 14 Feb 2010 17:14 # -
toamin
memberyes, khawaja sharif was federal law secretary, also provincial attorney general with PML-N govt, right?
Posted 2 years ago on 14 Feb 2010 17:23 # -
i agree with authour that morally they should hav resigned however the cheifjustice has redeemed himself now and is a national hero.. and anyways its the president who voilated that law by for the first tim ein the history of the WORLD and i challange any1 to qoute another example... for the first time in the history of the world a president has rejected the summory of the cheif justice.. he is bound to follow the cheif justice s advice with regard to appointment of judges in article 177 anyone who has doubts can read the said article
Posted 2 years ago on 14 Feb 2010 18:26 # -
please do not misestimate me,I never believe that zardari is innocent,i believe may be many corruption cases against him are true.
but we are talking here about rule of law, rule of law should not be apply only against zardari or ppp, it should be apply for everybody, inculding Noon leauge convicted, self confessed leadership and all Present pco judges for their past unconstitutional activities and decisions, they dont have any real immunity for that crimes.
one thing we should understand very seriously that Mr zardari is less dangrous for future of pakistan, with his corrupt pass, than politicize judiciary as a institution, because he and his party will have to face peoples of pakistan and they have to answer public in next election, but these politicize judges can destroy whole system,trust on justice and unity of pakistan.
And forgive me, last many months these judges proven very clearly that they have personal issues with zardari and that is why they so much active against zardari and ppp democratic government. that is why they ignore article 248 and order to government to open swiss case against their own president.
Khawaja Sharif proven that he is more political worker of Noon league than Chief justice of Lahore high court, look high court decisions to stop elections last 12 months in NA 55 and Na 123 on the order of Nawaz sharif, till Nawaz sharif and Shabaz sharif give permission for that. And there are many other acts and decisions he is showing that. But chief justice ch. Iftikhar insisting to keep him in Lahore high court to give favor to Noon leage leadership, as reward for their passed help.Posted 2 years ago on 14 Feb 2010 18:40 # -
its look like judiciary is doing its job for Nawaz Sharif thats what I think....if we see all the decisions we will find all Nawaz Sharif cases were wraped up in month or 2 but on the other hand a common man who have cases pending and awaiting for decisions for 20 years....Another thing is we have seen Cj taking sue motto action in just about every issue in Punjab recently he was in Karachi for some reason when Karachi was going through the wave of target killing but despite of that we havent seen his famous sue motto action on the institutions responsible to prevent them...
Posted 2 years ago on 14 Feb 2010 18:49 # -
Assalam-o-Alaikum-Warahmat-ULLAH ALL,
Brother, the people running Pakistan Govt. (PPP right now) have the responsibility AND the power to bring forward cases against ALL criminals, corrupt people, anyone who committed any kind of crime in the court of law.
I'm a common man of Pakistan. I ask, why isn't PPP Govt. doing that ?
Jo bhi banda jurm karta hai, Govt. ka kaam hai ke us ke khilaf court of law main cases khole. Govt. court of law main baqi sare loago'n ke khilaf cases kyoon nahi kholti ?!?!?!
I don't care who commits crimes. The Govt. is responsible of catching/arresting that criminal, charging him with the crime, taking him through prosecution for his crimes, and then implementing punishment as per the order of court of law.
PPP Govt. is not doing that. Why ?
Posted 2 years ago on 14 Feb 2010 18:51 # -
I never saw more politicize judiciary than present judiciary,in my all life,in pakistan or in other courtry.This is independent but 100% politicize judiciary, i am really worry for future of judicial, political system and future of pakistan because of this politicize judiciary.
Posted 2 years ago on 14 Feb 2010 18:53 # -
Assalam-o-Alaikum-Warahmat-ULLAH ALL,
Bhaee jaan, people in judiciary are not going to run for elections. How can they be called 'politicized judiciary' ? It doesn't make sense.
It is the right of every common man in Pakistan to organize protests against injustice. What is wrong in that ? How can they be called 'politicized judiciary' for this ?
Posted 2 years ago on 14 Feb 2010 18:58 # -
many cases are already in judicial system,but judiciary is united with Noon league, why they will take action against them, and in this situation why ppp need more case in these courts to clear them in favor on noon league from these judges.
Posted 2 years ago on 14 Feb 2010 18:58 # -
Assalam-o-Alaikum-Warahmat-ULLAH ALL,
Why isn't the PPP Govt. bringing this info into public domain, by talking about it in mass media ?
They can certainly register their protest in many ways. Why aren't they doing it ?
Posted 2 years ago on 14 Feb 2010 19:00 # -
Agar yeh adlia raat k panch bajay kissi aam admi k case ka faisla ussi tarhan daiday jis tarhan iss nay 2 judges ka faisla diya hai tu kia baat ho iss ki...aglay din halaf subha sawaray tu lia jana nahi tha yeh karawai subha baith k bhi hosakti thi aur halaf bardari say pehlay faisla bhi kia ja sakta tha lakin kia kahain...
Posted 2 years ago on 14 Feb 2010 19:01 # -
politicize does not mean if they runing for election, if they favoring one political party and targeting other political party on the base of personal like and dislike that is real politicize judiciary.
Posted 2 years ago on 14 Feb 2010 19:09 # -
To validating marshal law and giving permission to Mushraf, to break and change constitution of pakistan, is, committing High treason, because supreme court does not have authority to change or break constitution, then how they can give that authority to army chief who already committed High treason as he imposed marshal law and suspended constitution.
6. High treason.
(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.Posted 2 years ago on 16 Feb 2010 1:57 # -
many Noon league leaders and other supporters of present political judiciary telling on media channels, this is new judiciary, after they challenge Musharf and stand against him, so they should not be asked for their past unconstitutional activities and decisions.
It seems that Noon league just want to use this judiciary for their own agenda, when they were with musharf, they were wrong, since they stand against musharaf, they are best judges in world, does not matter what they did in past to the peoples of pakistan, constitution of pakistan and what they are doing now against rule of law.
but remember one thing, any past crime can not be ignored till it is decided in court, does not matter Noon leauge present support for these pco judges, they must responsible for their past unconstitutional activities and decisions.Posted 2 years ago on 16 Feb 2010 2:14 # -
Assalam-o-Alaikum-Warahmat-ULLAH ALL,
@yahya87: Don't BS! in-front of us, please.
It is well know Govt. has intentionally stopped appointment of over a 100 judges ALL over Pakistan, for months! now. This tactic is used to make case processing slow, so the entire nation becomes discouraged by output of judiciary.
This step was important from CJ, because Govt. had already made preparations for those judges to take oaths at night time, then and there.
Posted 2 years ago on 16 Feb 2010 7:52 #
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