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Judiciary restoration invalid without validation of their original appointments

(3 posts)

  1. msyedh1
    Member

    Appointments of chief justice Iftikhar ch.and all pco judges before 3 November 2007 was unconstitutional because they were appointed by military dictator, never signed by democratic president
    17 amendment/LFO does not have constitutional legitimacy because it was signed by military dictator, who was still in his uniform, he attained all his powers from unconstitutional decision of pco surpreme court.

    So with signing of military dictator Musharaf, 17 amendment is invalid and it needs validation from present democratic parliament, till that, this judiciary is working as defacto judiciary, restoration of judiciary is invalid without validation of their original appointments.

    Posted 2 years ago on 21 Feb 2010 20:56 #

  2. RajputPuttar
    Member

    msyedh

    Its not matter of democratic elected president or not , its matter of president of islamic republic of pakistan, whether defecto or dejuro.

    Mush was defacto president altogether his rule.

    Thx to Military Mullah Ithad , Parliament , gave a cover to his actions upto Oct 2002 and also gave a lifeline to be president in uniform till 2007.

    Now question is that despite all this cover , and being president , defacto or dejuro, he was not capable of taking any extra-constituional step like he did in Nov 3, 2007 but he was vested to exerciese all constituional poweres.

    Posted 2 years ago on 21 Feb 2010 22:04 #

  3. msyedh1
    Member

    Defacto president can appoint chief justice and other judges but that appointments are defacto till that are validated by parliament after end of dictatorial rule.

    Because every constitutional judicial appointment will be defacto when it is appointed from defacto/unconstitutional president, plus he was chief of army staff,in uniform.that is why these appointments need validation from parliament after dictatorial rule

    17 amendment validation is void and unconstitutional because it was passed in dictatorial rule and it was signed by dictator who was still in military uniform. Every constitutional amendment must be signed by dejure,elected,constititutional president.

    So these appointments need validation from present democratic parliament after end of dictatorial rule and then need sign again from elected constitutional president of pakistan.

    Posted 2 years ago on 27 Feb 2010 4:23 #

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