CJ Chaudhary steps down from Musharraf Hearing

[Awesome]

DNA - World - Musharraf’s fate in Bhagwan’s hands - Daily News & Analysis

LAHORE: The Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, has decided to withdraw from a bench hearing a petition against President General Pervez Musharraf holding dual office. Upholding an unwritten convention of the judiciary, Not Before Me, the CJ has decided not to be a part of a nine-member apex court bench which is due to start hearing from September 17.

Jamaat-e-Islami chief Qazi Hussain Ahmed had filed a constitutional petition, seeking court orders to make Musharraf leave the position of army chief and stop him from running for another presidential term.

Justice Rana Bhagwandas, former acting chief justice of Pakistan, will head the bench that will decide the fate of Musharraf. It is believed that Chaudhry has stepped aside from the bench to avoid any questions raised about his ‘personal bias’ against the president. Chaudhry was suspended by Musharraf on March 9 and reinstated by order of the Supreme Court on July 20.

According to lawyer Aitzaz Ahsan, there is no written rule, law or any constitutional provision, which bars the CJ from hearing any case even if it is against any individual or institution.

However, an unwritten rule of ‘Not Before Me’ has been followed by judges all over the world. Besides seeking court directives to restrain Musharraf from getting himself re-elected, the petition pleads that the chief of army staff cannot be the president of Pakistan.

The Jamaat chief reasons that the post of chief of army staff (COAS) is not excluded from the definition of “service of Pakistan” under Article 260 of the constitution. Under the Army Act, Musharraf’s first term army chief expired in 2001, while he effectively stood retired from the Pakistan army in August 2003 for having crossed his age of superannuation.

 

[bhangra12345]

He acted as a true chief justice, upholding the image of justice is more important than what he personally will do.

 

[Awesome]

He acted as a true chief justice, upholding the image of justice is more important than what he personally will do.

Well it would've been challenged anyway, since he had a bias.

 

[bhangra12345]

Well it would've been challenged anyway, since he had a bias.

it would have been contempt of court to say that the chief justice has acted with a bias, dont forget that. He held all the strings required but still did not use them.

 

[Awesome]

it would have been contempt of court to say that the chief justice has acted with a bias, dont forget that. He held all the strings required but still did not use them.

So many judges are removed from a hearing everyday.

Iftikhar Chaudhary HAS a bias. He fought a case against Musharraf. He could never preside over his case.

 

[bhangra12345]

So many judges are removed from a hearing everyday.

Iftikhar Chaudhary HAS a bias. He fought a case against Musharraf. He could never preside over his case.

He fought against government of pakistan and right now also the case is whether the constitution of pakistan is correct, that the second case affects musharraf is not something which is going to stand in the court of law. It is the constitutional case not a personal case.

 

[Awesome]

I think the case against him remaining as Army chief because he is 60+ is weak since world over special extensions are given if the organization employing him demands so. So as long as he has the support of the Army he will win that charge.

Now holding two offices is ALSO possible as long as the Supreme Court gives an exemption. The Supreme Court has already given him an exemption and the government's lawyers will now debate if whether or not that exemption expires by the term.

Then there's the case getting elected from the same government. There's no set rule of the law that states that you can't do that. Its just weird but it's perfectly legal.

Also Nawaz's deportation would be contested and the contempt of court issue. The government is maintaining they offered him to go to jail or go to Saudi and he took Saudi, making it his choice. Right now he's under house arrest. If they claim Nawaz wants to come, Musharraf would allow it but the Saudis have him in House arrest.

 

[Awesome]

He fought against government of pakistan and right now also the case is whether the constitution of pakistan is correct, that the second case affects musharraf is not something which is going to stand in the court of law. It is the constitutional case not a personal case.

As long as Musharraf is put on trial, he would have a bias. No matter what the consequences.

It's quite evident he feared a challenge and thus bowed out respectfully.

 

[bhangra12345]

I think the case against him remaining as Army chief because he is 60+ is weak since world over special extensions are given if the organization employing him demands so. So as long as he has the support of the Army he will win that charge.

Now holding two offices is ALSO possible as long as the Supreme Court gives an exemption. The Supreme Court has already given him an exemption and the government's lawyers will now debate if whether or not that exemption expires by the term.

Then there's the case getting elected from the same government. There's no set rule of the law that states that you can't do that. Its just weird but it's perfectly legal.

Also Nawaz's deportation would be contested and the contempt of court issue. The government is maintaining they offered him to go to jail or go to Saudi and he took Saudi, making it his choice. Right now he's under house arrest. If they claim Nawaz wants to come, Musharraf would allow it but the Saudis have him in House arrest.

Personally I am against unreasonable extensions. main reason- it means the persons waiting in the wings who could perhaps be better than the present do not get their deserved promotion.

Regarding the future constitutionality of the extension and thereof, I am not a lawyer. I cant debate it. Nawaz's was a clear case of contempt of court in which GOP is trying to hide behind strawman technicalities.

 

[bhangra12345]

As long as Musharraf is put on trial, he would have a bias. No matter what the consequences.

It's quite evident he feared a challenge and thus bowed out respectfully.

You are trying to tarnish your own cjp and I am trying to protect it, wow the wonders of world

much much before anybody thought of pointing a finger at him and which he definitely knew would not stand the test in a court of law.

 

[Awesome]

The law is all about technicalities.

Nawaz is an awful man, keep him out by hook or by crook I say!

 

[Awesome]

You are trying to tarnish your own cjp and I am trying to protect it, wow the wonders of world

much much before anybody thought of pointing a finger at him and which he definitely knew would not stand the test in a court of law.

I didn't say anything, a bias has come through events in the CJ's life that's it.

 

[bhangra12345]

The law is all about technicalities.

Nawaz is an awful man, keep him out by hook or by crook I say!

the only thing I am against is this hook or crook thing.
Let the Pakistani people decide it is all I am saying. keep him out if he doesnt win the elections for whatever his worth.
Instead here some elite and army people are deciding to not give the Pakistani people the choice to say. This is what I am against.

 

[bhangra12345]

I didn't say anything, a bias has come through events in the CJ's life that's it.

and that why to keep the reputation of judiciary intact he acted as a true chief justice and is not presiding over the case.

 

[F.O.X]

the only thing I am against is this hook or crook thing.
Let the Pakistani people decide it is all I am saying. keep him out if he doesnt win the elections for whatever his worth.
Instead here some elite and army people are deciding to not give the Pakistani people the choice to say. This is what I am against.

Probably you dident read my posts that i have posted regarding this matter before, but for you let me tell you in brief manner . PAKISTANI PUBLIC CANNOT CHOOSE THEIR LEADER. Y explorer the forum you will get the answer.

Regards
Wilco