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BREAKING NEWS - WAR BETWEEN GOP AND JUDGES

Discussion in 'Pakistani Siasat' started by waraich66, Oct 17, 2010.

  1. waraich66

    waraich66 SENIOR MEMBER

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    Pakistan Court Orders Gilani to Explain Government Plans to Fire Judges
    By Khurrum Anis and Farhan Sharif - Oct 15, 2010 1:55 AM PT


    Pakistan’s Supreme Court summoned the attorney general to explain reports the government plans to fire judges, seeking to avoid a stand-off similar to the one that helped bring down former military ruler Pervez Musharraf.

    A 17-member panel of justices asked Attorney General Anwar- ul-Haque to explain last night’s allegations broadcast on Pakistani television channels, according to a statement on the court’s website. Those reports claimed the government is considering withdrawing its March 2009 order to reinstate judges fired by Musharraf.

    “We will fully cooperate with the court and we will take notice of such irresponsible media reports,” Information Minister Qamar Zaman Kaira said on state-run Pakistan Television. “The prime minister condemns all such reports.”

    The summons comes as the top court hears a case on the government’s failure to implement an order to scrap an amnesty law that protected President Asif Ali Zardari and thousands of officials from graft charges dating back to the 1990s.

    Chief Justice Iftikhar Muhammad Chaudhry gave Haque until Oct. 18 to submit a written statement from Prime Minister Syed Yousuf Raza Gilani, explaining the government’s position on the news reports, after he failed to do so today, state-run Pakistan Television reported. The court restrained the government from sacking any judges, the broadcaster said, citing an order.

    The government denied the reports last night, saying there “is no truth behind the news,” according to the Supreme Court’s statement.

    8,000 Officials

    On Dec. 16, the Supreme Court ordered the National Accountability Bureau, the nation’s top corruption fighting agency, to revive charges against more than 8,000 officials and politicians, including Zardari, after it scrapped a 2007 graft amnesty issued by Musharraf.

    Chaudhry, who was removed by Musharraf in 2007 under emergency rule, was reinstated by Zardari in March 2009 following opposition protests. A nationwide protest movement led by lawyers helped destabilize Musharraf in 2007, forcing him to resign a year later.

    Renewed conflict with Chaudhry may weaken Zardari’s government as Pakistan struggles to rebuild vast swathes of the country inundated in this year’s worst ever monsoon floods. Waves of water sweeping down the Indus River wiped out $3.27 billion of crops and 4,000 kilometers of roads. The country’s army has also been fighting Taliban guerrillas in its northwest for over a year, sparking retaliatory bombings and suicide attacks that have killed hundreds of civilians and security personnel.
     
  2. GUNNER

    GUNNER SENIOR MEMBER

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    It ain't a breaking news anymore.. It's not even news since it is two days old now!
     
  3. waraich66

    waraich66 SENIOR MEMBER

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    Thanks for clarification , what is your point of view about this news
     
  4. GUNNER

    GUNNER SENIOR MEMBER

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    The news that you have posted is incomplete since the SC had ruled the very same day that government cannot withdraw the notification of judges retsoration and any attempt to do so will be tantamount to treason under article 6.

    My view is that the Supreme Court made a fool of itself by taking suo motu action on unsubstantiated news reports when we know a certain group would love to have the govt and SC at each other's throat. Secondly, it contradicted itself. One judge during the hearing said the notification has lost it's importance since the SC had nullified judges removal in the first place - meaning they were never deposed.

    If that is the case, why the drama.
     
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  5. khuramonline

    khuramonline FULL MEMBER

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    SC lost respect. Now who are favouring SC are doing it only due to political motives.

    And ... PPP is suffering due to their own doings. Musharraf was right in endorsing a curruption oriented reference against CJ. At that time PPP,,, along with all other misled ppl ... favoured a curropt judge!
     
  6. Zaki

    Zaki MODERATOR

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    It was a conspiracy from the unknown elements to create problems between the GoP and the SC

    Yesterday our Prime Minister sahab gave a clear statement and all is hopefully settled now. The way he spoke was quite convincing so I don't think we are heading towards any clash between the two respective entities
     
  7. Pak123

    Pak123 FULL MEMBER

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    ^^
    Zaki bhai, do you really believe as to what our respected Prime Minister just said yesterday ? He's not willing to write the statement as it means it'll be official so giving words will hold no substance as everyone knows how much this PPP is a big mouth !
     
  8. Zaki

    Zaki MODERATOR

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    I talking about a newly-born conspiracy against the removal of Judges once again and the reinstatement of foreign judges - which is circulating in news channels since past 2-3 days now

    He made a good point by saying that the Prime Minister is the highest representative of the country, when he order someone by written notice or even verbally that should be honoured and that is a final decree. If I had rejected all these rumours on the very first day when it was first released.... then why are they giving importance to these news? If I, The Prime Minister and the Asif Ali Zardari, The President both had rejected these rumours then why peoples are taking it so seriously? We are the one who reinstated the Judges so why are we going to remove them once again?

    He had a point and nothing that sort of thing gonnai happen as the PPP knows themselves that It will be next to suicide. Yes there are some other controversies too i.e the appointment of ministers etc but that can be solved thats not a big issue in my opinion
     
  9. niaz

    niaz PDF THINK TANK: CONSULTANT

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    With due respect to the Supreme Court, IMO CJ and the reinstated Judges have been politicized and are openly partial to Nawaz Sharif.

    I do agree that Prime Minister, no matter how ineffective, deserves some respect. The very fact that despite a denial on the TV by the incumbent Prime Minister, CJ and his honorable Justices have taken note of a news story! is a clear indication that CJ is overstepping his jurisdiction.

    Suo Motto Action based on a rumor is a slap on the face of the Executive. Hon Justices must realize that no matter how great they think they are, they were never elected and have no electoral mandate. Their job is to interpret Laws as made by the Parliament; they have no power to dictate or interferer in the job of the Executive?

    Ah! But in Pakistan every thing goes. At first Goondagardi, than Lawyergardi and now Justicegardi.

    This reminds me of a verse by Habib Jalib written for Zia but equally applicable to the CJ who obviously thinks himself all poweful on the back of some lawyers and the PML-N.

    Tum se pehley jo is kursi ka makeen tha
    Usko bhi Khuda honey ka itna he yaqeen tha.

    Meaning that the one who was occupying the chair before you (alluding to Ayub), he also thought himself as much of a God as you think you are.
     
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  10. khuramonline

    khuramonline FULL MEMBER

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    to dictate and to interfare in the job of executives is ---- what idiot ppl like Etzaz call "independence of judiciary".

    PPP is facing negative effects of its own illogical stance when Musharraf rightfully endorsed a true curroption oriented reference against CJ.
     
  11. pkpatriotic

    pkpatriotic SENIOR MEMBER

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    Great ! Portraying true picture and analysis on the situation, particularly highligthing the partiality of CJ...........is highly appreciated:tup:
     
  12. Spring Onion

    Spring Onion PDF VETERAN

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    This point was ignored when PPP was riding on shoulders of judiciary. They are all favourit then.

    anyway here its not CJ but PPP that is trying to bring a coup upon its own govt just for the sake of Zardari so that he can have a victim card to play otherwise PPP is surely going to lose a big support in next elections due to him
     
  13. GUNNER

    GUNNER SENIOR MEMBER

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    Vide order dated 15.10.2010 while disposing of CMA to the extent of the matter of withdrawal of executive order/notification vis-à-vis restoration of Judges dated 16.03.2009 pronounced by this Court in Sindh High Court Bar Association's case, final order was passed and in Paragraph 8 (i) of the order following directions were issued: -“8.

    In the light of the above, we direct: -

    1. All the constitutional and State functionaries and administrative heads in the country to ensure that no action qua initiation of proceedings concerning withdrawal of the executive order (order of “restoration of Judges”) dated 16.03.2009, status whereof has already been determined by this Court in its judgment in Sindh High Court Bar Association's case (supra), is taken, intentionally or otherwise, by any of the functionaries as noted hereinabove, and all the constitutional and administrative heads/functionaries are restrained/refrained from doing so

    2. The learned Attorney General for Pakistan has stated that in compliance with the order of the Court dated 15.10.2010 whereby he was required to communicate immediately the said order to all concerned, he has served the same upon 105 constitutional and State functionaries and administrative heads and also has already sent the compliance report to the Registrar.

    3. The matter was postponed to enable the authorities/ functionaries to put up report and statements, if desired. As far as reference to the statement is concerned, it pertains to the denial issued by the Chief Executive/Prime Minister, although the matter was finally disposed of, but to know about the desire of the concerned functionaries, the matter was fixed for today. The learned Attorney General for Pakistan has categorically stated that no one has desired to submit a statement. Be that as it may, as the case has been disposed of by a binding order in terms of Article 189 read with Article 190 of the Constitution, as noted hereinabove, therefore, it is up to the concerned authorities/functionaries to submit the statement or not.

    4. According to Paragraph 8(ii) of the order dated 15.10.2010, the Government of Pakistan/Prime Minister was required to conduct an inquiry through an appropriate responsible functionary that if the statement of the former that no such action was being contemplated was true, then how that news in the print and electronic media was spread, and who was responsible for it, the learned Attorney General for Pakistan has submitted that a Committee comprising of the following persons has been constituted: -

    (1) Mr. Hameed Haroon, President, All Pakistan Newspapers’ Society: Chairman

    (2) Mr. Muhammad Aslam Kazi, Secretary General, Pakistan Broadcasters’ Association: Member

    (3) Mr. Pervez Shoukat, President, Pakistan Federal Union of Journalists: Member

    (4) Mr. Najibullah Khan, Joint secretary, Ministry of Interior, Islamabad: Member

    (5) Dr. Abdul Jabbar, Executive Member, PEMRA: Member

    (6) Mr. Muhammad Azam, Director General (IP) M/O Information & Broadcasting: Member.

    He further submitted that preliminary observations of the Committee of Inquiry serve as an interim report. Perusal of the observations indicates that in one of the Paragraphs, appropriate expressions have not been used for which the Court has its reservations and it wants to make it clear that the judiciary believes in the rule of law and constitutionalism and is performing its duty, and shall continue to perform it in future as well, according to the Constitution. However, the Committee may remove such expression in due course of time.

    5. The learned Attorney General for Pakistan has stated that as the Committee could not complete its deliberations, therefore, for submitting final report, further time be given. We concede to the request so made by him. Case is adjourned to a date in office.

    However, on receipt of the report from the Committee, if need be, matter shall be heard in Court.
     
  14. niaz

    niaz PDF THINK TANK: CONSULTANT

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    I have personally heard Aitzaz Hassan commenting on the TV that 18th Amendment has been passed by the combined houses of the Parliament and thus now a part of the Constitution. On the other hand a full 17 member Bench of the Supreme Court is now hearing petitions against this bill.

    Pray tell me? How can any non elected body become more powerful than the combined houses? This is not independence of judiciary; this is judicial activism of the worst kind. The case should have been rejected on the grounds that once signed by the President, 18th Amendment is now the Constitution.

    Struggle by the lawyers for the independent judiciary was commendable. But as a result both the lawyers as well the judiciary consider themselves above the law and the parliament. We have seen lawyers breaking up offices of the CJ of Lahore High Court as well as demanding his resignation. Lawyers even beat up journalists!

    Now the Supreme Court is planning to decide whether 18th Amendment should become Law or not.

    They say that path to hell is paved with good intentions. How true!
     
  15. khuramonline

    khuramonline FULL MEMBER

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    ^ "Judicial Activism of the Worst Kind"

    I salute you for narrating the accurate term for what is going on.

    In brief ... Musharraf had rightfully endorsed a curroption oriented reference against CJ.

    Intention of Musharraf is irrelevant. If there was a curroption charge against CJ,,, it should have been endorsed.

    Here I disagree a bit. In my opinion Lawers struggle was not right. Their general argument which they published in various street banners was something like:

    "In the World History Judge never has been punished."

    This argument was wrong and misleading. In the ancient Iran, punishment of curropt Judge was that his body skin used to be torn away and then used to be placed on his (Judge's) chair. Then son of that Judge used to be asked to perform the role of judge while sitting on that chair.

    We are all idiots. We took curroption of judges so lightly. Curroption by Judge is in fact the worst kind of crime!
     
    Last edited: Oct 19, 2010
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