Ex-CJP calls Musharraf 'extremist' for slandering 60 judges

[mujahideen]

Judges restoration through Parliament

NAVEED BUTT

ISLAMABAD - Three political forces - Pakistan People’s Party, Pakistan Muslim League (Nawaz) and Awami National Party - demonstrated their parliamentary strength by gathering 171 MNAs at their first joint meeting here on Wednesday.
On the occasion their top leaders, Nawaz Sharif, Asif Zardari and Asfandyar Wali announced to form a coalition government and abolish the role of Army from the national politics forever.
The announcement was made by PPP Co-Chairman Zardari, PML-N Chief Nawaz Sharif and ANP President Asfandyar Wali while addressing the newly elected MNAs.
They vowed to abolish dictatorship, get rid of the Army’s role in politics, halt intervention of the establishment and set up a strong democratic process in the country.
These leaders paid rich tributes to the former premier Benazir Bhutto who was assassinated in December 27, 2007 terrorist attack after addressing a public gathering at Liaquat Bagh in Rawalpindi. Participants observed two-minute silence to condole her death. They said their parties would continue their struggle for the restoration of democracy and supremacy of the Parliament.
“The PPP travelled a long journey for restoration of democracy. Benazir was a great leader and a democratic Pakistan was her dream and she always said that democracy is a better revenge,” said Zardari. He said that the PPP always faced the establishment, which created many problems for the PPP.
“We shall have to restore democracy, strengthen the Parliament and remove the powers of establishment. We want to change the system and for this purpose, the leaderships of the PPP, PML-N and ANP have great responsibility. We have to stand with one another to address the problems of the nation and pull the country out from the crises. We have to take decisions collectively. We should collectively elect the parliamentary leader in the National Assembly,” he added.
The PPP Co-Chairman said that the people of Pakistan have given their message through their votes. The country is facing innumerable problems, he said adding that it is high time to change the destiny of the nation. “I am standing with this hope that all political and democratic parties will stand with me. This is a window of opportunity,” he said.
Nawaz Sharif while addressing to President Musharraf said, “We will not wait even for a single day after the notification of results of the February 18 elections. Call the session of the National Assembly very next day after the notification. Today as many as 171 parliamentary members are seated here which is close to a two-thirds majority.”
PML-N Quaid said that the PPP, PML-N and ANP have the same agenda and responsibility for the restoration of 1973 Constitution. We want pre-November 1999 position,” he said. He said that the three parties would support one another for the supremacy of the Parliament and in routing dictatorship.
He said he is badly missing Benazir with whom he signed the Charter of Democracy and started a new chapter for the supremacy of the Parliament. “The situation would have been different if she would had been together with us,” Nawaz said. The words spread sadness on faces of the participants including Asif Zardari and the hall again turned into deep silence for a few moments.
Nawaz made it clear that the nation has given its verdict against the dictatorship across Pakistan and is now watching at the leadership to fulfil pledges made during election campaign.
The ANP Chief Asfandyar Wali said that it is the collective responsibility of the main parties to work for independent judiciary, restoration of democracy and supremacy of the Parliament.
While referring to the assassination of Benazir Bhutto, he said, the PPP has paid a huge price for the restoration of democracy in the country. “Benazir did not belong to PPP only but she also belonged to us because she was leader of all the moderate forces,” he added.
Asfandyar said compromise is a way to resolve issues but principles should not be sacrificed for this. “There is a very thin line between compromise and shamelessness,” he cautioned.
Monitoring Desk adds: PPP, PML-N and ANP have agreed to restore the judiciary through Parliament, reported a private TV channel, quoting PML-N leader Raja Zafarul Haq.
Zafar told the channel that the decision was taken in the meeting which was bried in detail on the issue by Fakhruddin G Ibrahim and other legal experts.
“There is absolute consensus over the issue and the leaders have agreed to restore the sacked judiciary through the Parliament”, Zafar said adding that the legal experts had reviewed different strategies to be followed in this regard.To another question, he said the only thing remains to be settled is to how to accomlish this. "Whether through a resolution or an executive order is yet to be decided and the legal experts will give another briefing on this issue within a week," he elaborated.
APP adds: Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP) and Awami National Party (ANP) have formed a joint legal committee to study available options for possible reinstatement of the deposed judges, party sources said.
The committee, headed by prominent lawyer Fakhuruddin G Ibrahim have been assigned to review the constitutional matters pertaining to restoration of pre-November 3 judiciary, the sources said.
Senior lawyer and PPP Senator Latif Khan Khosa is on the committee and other lawyers would also be inducted, the sources said.
The committee was formed during a meeting held by PPP Co-Chairman Asif Ali Zardari, PML(N) Chief Mian Muhammad Nawaz Sharif and ANP President Asfandyar Wali here at local hotel here Wednesday.
Senior PPP leader Makhdoom Amin Fahim and PML-N President Mian Shahbaz Sharif and party chairman Raja Zafarul Haq also attended the meeting.
Online adds: Nawaz Sharif has expressed a possibility of the future President from APDM platform.
Talking to a private TV channel, he strongly refuted that he was a candidate for the said post, as he was never interested in the affair either.
He strongly reiterated his refusal to talk with PML-Q, since he considered them as merely timeservers, and strongly expressed that a 'newly elected President' was a must for integrity and future of the country.
He also expressed that all problems were bound to vanish after restoration of 1973 Constitution in its original form and spirit, and opined that the Army should also refrain from violating the Constitution.
He also demanded action against Army dictators responsible for violating constitution, and said that a person who has been responsible for suspending and arresting serving judges, banning and restricting media, dissolving an elected government, simply cannot be tolerated as a viable working partner in government.
He said that if he failed to raise arms against despotism at this crucial hour, he would also be labelled as one of the usurpers, and while replying to a question expressed his full support for harmony and integrity of the nation, and also lauded all citizens struggling for restoration of judiciary and their freedom.
He further said that PML-N still stood on its stance to act upon on Charter of Democracy, in spirit and letter. “We have also assured Asif Zardari full cooperation whether PML-N becomes part of Parliament or not. We will only become part of the government when the Musharraf quits the office of President,” he added.
He further said that the entire assembly would be united against the unconstitutional amendments in the Constitution and abolition of LFO. “President did not enjoy support of masses accept Chaudhrys, therefore, he should fulfil his promise and quit the office,” he added.
Nawaz said that time has changed and circumstances decide fate of the government rather than agencies, as in the past. “There is complete consensus among parties over the mandate, which the masses have entrusted to PPP and PML-N, and it stands accepted."
Similarly, he said that future of Pakistan highly depended on independence of judiciary, and hence PML-N has committed to the restoration of ousted judges and its pre-3rd Nov position.
In response to a question, he said that President should better decide about “his future course”, rather he be impeached and besides PML-N had sharp reservations of having an oath administered by him (President Musharraf).
Monitoring Desk adds: Talks between President Pervez Musharraf’s aides and PPP Co-Chairman Asif Ali Zardari, on an arrangement for ‘peaceful co-existence’, are at an advanced stage, reported a private TV channel on Wednesday.
The back-channel talks between Musharraf’s aides, led by National Security Council Secretary Tariq Aziz, and Zardari, were at an advanced stage and the two sides had met two or three times in the past 10 days, the channel reported.
The PPP is set to form the government at the Centre with the support of the PML-N, led by former premier Nawaz Sharif, who has been pressing for Musharraf’s ouster after opposition parties swept the February 18 general election.
Quoting sources, the channel said Musharraf’s aides had initially tried to convince Zardari to form a government with the support of the PML-Q, the party which backs the President and was routed in the polls.
However, according to the report, Zardari said this was not possible. The sources said Zardari had made it clear to Musharraf’s aides that he wanted smooth sailing for the PPP-led government.
Zardari also said peaceful co-existence with Musharraf would be possible only if the President did not interfere in the affairs of new government and did not try to destabilise it, the sources said.

The Nation

 

[mujahideen]

‘No judge will be restored’

LAHORE: Presidential spokesman Rashid Qureshi on Friday denied reports that the president had offered a conditional restoration of judges sacked on November 3 to Pakistan People’s Party Co-chairman Asif Zardari, according to Geo News.

No sacked judges would be restored, he told Geo News, and the procedure for the reinstatement of judges was laid down in the Constitution.

Queshi told PTV that President Pervez Musharraf had been elected for five years and was ready to work with the new government. He said the president had no plans to resign.

He said rumours of the president’s plan to resign were part of a “planned campaign” in the Pakistani media and were “totally baseless and unfounded”. Only Nawaz Sharif and “the so-called civil society consisting of 100 or 200 people” wanted the president to resign.

“In fact, the whole world is praising the president for holding free, fair transparent and peaceful elections in,” the spokesman said.

Daily Times - Leading News Resource of Pakistan

 

[mujahideen]

US silence on judges’ reinstatement questioned

By Our Correspondent

WASHINGTON, Feb 29: The US backs restoration of an independent judiciary in Pakistan, but has no position on whether the sacked judges should be reinstated.

“This is something that we believe the Pakistanis themselves are going to have to sort out,” Deputy Secretary of State John Negroponte told a congressional hearing. “And I think that it’s something that’ll be taken up in their legislature and we will watch that discussion with interest.”

The United States, he said, was “certainly not trying to block any changes of any particular kind, nor do we have some kind of prescription or formula for how they should go about reforming or improving their own judicial system”.

Asked if the US administration had a policy regarding the reinstatement of the judges, Mr Negroponte said: “We have not -- we have been silent on the subject.”

His response, however, did not satisfy the senators who criticised the Bush administration for backing away from its insistence on an independent judiciary and for siding with President Pervez Musharraf in his refusal to reinstate the judges.

Democrat Senator Robert Casey reminded Mr Negroponte that immediately after the election, Pakistani politicians had called for establishing an independent judiciary while others had also demanded restoration of the sacked judges.

Senator Casey noted that instead of siding with the judges the Bush administration was pressurising the new Pakistani leadership to stop their calls for reinstatement of the judges.

Senator Barbara Boxer, another Democrat, said she felt “very disturbed” by the administration’s seeming ambivalence on the issue, noting that while Washington was spending billions of dollars in Iraq to set up a judiciary, it was not trying to help a country which already had one.

“Imagine what would happen if President Bush went to the microphone and said: ‘Today I’m firing the Supreme Court and all the judges can go home!’”

She recalled that the recent sacking of an attorney had caused uproar in the US while the Bush administration remained silent on the purge of the entire judiciary in an allied nation. “There are those who believe that re-seating the pre-Nov 3rd Supreme Court would almost lead to Musharraf’s removal from office” and that’s why he was reluctant to do so.

She claimed that the Bush administration remained wedded to a policy that would keep the embattled Mr Musharraf in power despite his weakness and lack of support.

US silence on judges’ reinstatement questioned -DAWN - Top Stories; March 01, 2008

 

[mujahideen]

Judges’ issue to tax legal brains for long

By Nasir Iqbal

ISLAMABAD, Feb 29: The fate of the present chief justice if deposed chief justice Iftikhar Mohammad Chaudhry is reinstated has become a top judicial issue with many solutions on offer but a way out appearing hard to find.

Top constitutional experts are of the opinion that the new government could restore the deposed superior court judges without any constitutional amendment because they were removed ‘unconstitutionally’ by President Pervez Musharraf as the army chief when he imposed the state of emergency on Nov 3 last year.

But the presidency, on the other hand, appears to be inflexible on the issue of reinstatement of the judges. President Musharraf’s spokesman Rashid Qureshi told private television channels that neither the deposed chief justice nor the superior court judges would be restored.

However, top constitutional expert Fakhruddin G. Ibrahim told Dawn: “The elevation to fill the vacant posts of removed judges during the emergency rule was illegal because their appointment was done without consultation with the lawful chief justice (Justice Iftikhar Mohammad Chaudhry).”

The future coalition government, he said, could order security forces and police to immediately end detention of the deposed chief justice and other judges. It could also provide required administrative support to the judges so that they could perform their duty without any hindrance, he added.

“Plain reading of Article 5 of the Constitution along with Articles 209 and 190 will suggest that judges can only be removed by invoking Article 209 (Supreme Judicial Council), therefore these judges are still holding their respective offices,” he argued.

Mr Ibrahim said he had briefed a high-level meeting of three likely partners in a future coalition on modalities to resolve the present judicial crisis on Wednesday.

Article 5 requires loyalty to the statement and obedience to the Constitution and law by the citizens, while Article 190 commands all executive and judicial authorities to come in aid of the Supreme Court whereas Article 209 deals with the Supreme Judicial Council used to remove judges.

“I have told them that this is their duty to let the judges perform their judicial function.” He dismissed as rubbish the opinion that a two-thirds majority in parliament would be required to restore the deposed judges.

“In fact this two-thirds majority will be needed to validate the amendments made to the Constitution during the emergency period, without which the pre-emergency constitution will hold the field.”

Mr Ibrahim is drafting a declaration disapproving all actions taken during the emergency rule for being illegal, but did not comment when asked on whose behalf he was making the document and when it would be read or tabled and by whom.

Former Supreme Court Bar Association president Munir A. Malik is of the view that the present chief justice could be reverted to his old position with the reinstatement of Justice Iftikhar as the chief justice.

Without parliament validating amendments introduced during the emergency rule, the Constitution would be as it was prior to the emergency, he added.

“I have told Asif Zardari during my meeting with him to de-link the judges’ issue with the constitutional package his party is formulating involving judges’ term of appointment, their salaries and other packages,” he said.

Advocate Iftikhar Gillani said the removal of judges was always done through Article 209 and without validation of amendments made to the Constitution the situation of Nov 2 would remain in the field.

However, a senior Supreme Court lawyer opposed the reinstatement of deposed judges and said the Constitution did not contemplate appointment as well as restoration of judges on political grounds. “This is such a big issue that it has the potential to shatter the entire body politic,” he told Dawn, requesting anonymity.

“The new government will be in trouble if it restores Justice Iftikhar and other judges because they will come with vengeance and thus will become controversial and create infighting,” he added.

Judges’ issue to tax legal brains for long -DAWN - Top Stories; March 01, 2008

 

[mujahideen]

Deposed judges reinstatement not possible with administrative order: Spokesman

ISLAMABAD, Mar 2 (APP): Presidential spokesman Major General ® Rashid Qureshi Sunday reiterated the stance that reinstatement of deposed judges of superior judiciary is not possible with just an administrative order.Commenting on the statement of Supreme Court Bar Association President Chaudhry Aitzaz Ahsan’s statement that an administrative order is enough to reinstate the deposed judges he said according to his understanding and interpretation of constitution such is not possible.
“Aitzaz Ahsan is creating confusion in the people’s mind as he himself know very well that legally it is not possible to reinstate the deposed judges with just an administrative order,” he told private TV channel ARY One World.

National Assembly session would be convened within a period of 10 to 12 days he said and added that Election Commission has already issued notification of successful candidates.

Now the ministry of parliamentary affairs will seek permission of Prime Minister and then it will be sent to President for final approval.

Regarding resignation of the President he said President has been elected for five years.

In parliamentary system President is not changed with the change of government. Some vested elements are trying to create confusion in this regard.

The vested elements arguments have no legal weight that the president should resign, he concluded.

app - Deposed judges reinstatement not possible with administrative order: Spokesman

 

[mujahideen]

Deposed chief justice other judges will be restored: Nawaz

LAHORE: Muslim League (N) leader Mian Muhammad Nawaz Sharif has said that the deposed chief justice Iftikhar Muhammad Chaudhry and other sacked judges will be reinstated and the constitution will be restored after formation of the government with people’s mandate. In meetings with officials of PML (N) lawyers wing and the staff of the party’s central secretariat in Model Town, Nawaz Sharif lauded the role of lawyers in restoration of democracy in the country. Party leaders Mian Shahbaz Sharif and Ishaq Dar were also present on the occasion.

Courtesy Geo

 

[mujahideen]

Justice Iftikhar says no to police escorting children to school

ISLAMABAD: Deposed chief justice, Iftikhar Chaudhry confined here, refusing to send his children to school under police escort, asked for his previous security guard and driver. The duty magistrate this morning visiting the residence of the deposed and confined CJ Iftikhar Chaudhry offered sending the children to school. Administration sources told that the deposed CJ has refused sending the children to school under police escort and demanded his old security guard and driver for this purpose, while the duty magistrate assuring deposed CJ communicating his demand to the Registrar Supreme Court, went back from there. The government had decided ending confinement of deposed CJ family members a day ago, but a strong agitating lawyers and civil society storming Judges Colony led to the stringent blockading of Justice Iftikhar Chaudhry residence.

Courtesy Geo

 

[solid snake]

Nawaz Sharif is making inane statements which will never come true. Does this clown never care about his image? He made the ridiculous comment after Kargil that 4000 Pakistanis had died hahaha I doubt they even had that many troops in the entire area let alone crossing into Kargil.

This guy is a complete moron.

 

[relent8]

Courtesy Geo [/I]

This CJ is such a drama maker, along with his puppet US-made lawyers,
just saw GEO presenting this whole situation, as if government is the culprit and CJ and lawyers are the most innocent people in the country.

 

[mujahideen]

Nawaz Sharif is making inane statements which will never come true. Does this clown never care about his image? He made the ridiculous comment after Kargil that 4000 Pakistanis had died hahaha I doubt they even had that many troops in the entire area let alone crossing into Kargil.
This guy is a complete moron.

I agree with you but their is something you forgot about him. Nawaz claims he is the champion of democracy and stands for the independence of the Judiciary. We must remember this is the same man who tried to get himself elected Amir-ul-Momineen as far as the judicary is concerned he sent his goons to attack the Supreme Court. At least President Musharraf had the decency to send the matter to court, Nazaw assualted the Supreme Court justices and if he comes back he will probably repeat the mistakes of the past.

 

[mujahideen]

This CJ is such a drama maker, along with his puppet US-made lawyers,
just saw GEO presenting this whole situation, as if government is the culprit and CJ and lawyers are the most innocent people in the country.

I dont think the U.S. is behind this issue. They wouldn't do anything to destablize President Musharraf because he is the only man in Pakistan they can trust and especially now that Benazir is gone. I think the lawyers and the media in particular GEO are being funded by Russia and India. And I can say India because when GEO was banned from Pakistan they went to India to try to get them to fund the channel and the deal was that they would have to put content which is against the government of Pakistan.

 

[relent8]

I dont think the U.S. is behind this issue. They wouldn't do anything to destablize President Musharraf because he is the only man in Pakistan they can trust and especially now that Benazir is gone. I think the lawyers and the media in particular GEO are being funded by Russia and India. And I can say India because when GEO was banned from Pakistan they went to India to try to get them to fund the channel and the deal was that they would have to put content which is against the government of Pakistan.

Obviously India is also one of the destabilizing element, but I say US becoz in my opinion, i dont get any reason for US to work with Musharraf, they mite be portraying it like that, but not in reality.
They would want to destabilize him becoz he's the only man(along with honest army) who is not allowing them to make any excuses for them to invade into Pakistan.
They have tried to raise many issues like Nuclear Safety issue, etc..but he has presented the rite view every time. So why woudnt they want to destabilize him?

But this is only my opinion, things can be different as well.

 

[mujahideen]

Shahbaz asks Musharraf to restore Judiciary and present before it

LAHORE: President of Pakistan Muslim League-N, Mian Shahbaz Sharif has asked President Pervez Musharraf to restore the Judiciary and subject himself to it, adding there would be no difference, if he did the same.

He said Parliament would play its role if the President did not reinstate the Judiciary. “People of Pakistan would not allow 58-2-B to be used again”, he told in an exclusive interview with Geo news.

He said the issue was only about establishing a democratic system in the country and not personal. Responding to a question, the former Punjab CM said the use of 58-2-B against the Judiciary and restoration of democracy would be the unkindest act.

Shahbaz asks Musharraf to restore Judiciary and present before it

 

[mujahideen]

Obviously India is also one of the destabilizing element, but I say US becoz in my opinion, i dont get any reason for US to work with Musharraf, they mite be portraying it like that, but not in reality.
They would want to destabilize him becoz he's the only man(along with honest army) who is not allowing them to make any excuses for them to invade into Pakistan.
They have tried to raise many issues like Nuclear Safety issue, etc..but he has presented the rite view every time. So why woudnt they want to destabilize him?
But this is only my opinion, things can be different as well.

I totally agree with you and support your claim. But I am of the view that is U.S. is looking for someone who can do theri dirty laundry since President Musharraf has refused to do it. I think the U.S. has not found anyone because honestly the politicians which we are so blessed to have are two faced and would even sell their mothers for their selfish gains.
Now what you said and I have stressed a lot is that what we say are jsut our opinions. We really dont know the ground realties.

 

[relent8]

I totally agree with you and support your claim. But I am of the view that is U.S. is looking for someone who can do theri dirty laundry since President Musharraf has refused to do it. I think the U.S. has not found anyone because honestly the politicians which we are so blessed to have are two faced and would even sell their mothers for their selfish gains.
Now what you said and I have stressed a lot is that what we say are jsut our opinions. We really dont know the ground realties.

Yes i agree with that aswell..
Now important thing would be, how Musharraf will tackle the black-coats,I just hope he's planing something good against them and he gr8ly reduces their evil efforts.