expakistani,
There are couple of legal points which have been argued by Ms.Jehangair as well which have been convenivently ignored / overruled by passing this judgement.
a) There is no basic/fundamental right which has been overruled. SC has taken up this case under article 184(3) which pertains to direct invocation of apex court if some fundamental right has been violated and no other remedy is available.
In this case , even if memo has been written , no fundamental right of the peititioner has been violated .
b) Supreme court is not an investigation authority.
c) Its the fundamental right of the accused to get a fair , process based trial. In this case , if commission established by SC, gives some findings against XYZ , where he will go for appeal . The right of appeal is a fundamental right .e.g. first case goes to session court , then high court and then ultimatelly SC. In this instance , SC , which is basically an appealtte court has become the trial court. Where the appeals would go ?
d) A peition of a candadian citizen has also been entertained who has written to CJ that he has some relatives in BAHDUR FAUJ and he fears that they might be killed due to this memogate. With his letter, he has enclosed a blank cheque and sought CJ direction how to stop this. NOw , what fundamental rights a canadian citzen has got in Pakistan and what fundametnal rights were being violated in this case ?
In fact SC has made itself a laughing stock by passing this judgement.
Posted 4 months ago on 31 Dec 2011 17:42
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