You are mixing things, mate!
He's not, actually.
Justice Choudhry is not a judge of anti terrorist court that deals with terrorism. Why lower judiciary got failed is because of poor laws and faulty prosecution, investigation agencies build their case very poorly, lack of evidence ultimately favors the acquittal of criminals.
CJ IC is the person who ultimately hears all cases. Every single ATC case ends up in the SC and criminals have mostly been set free by SCP. Furthermore, if the CJ can take up suo moto notices left, right and center, why can't he pick up the issue of lack of training of investigative agencies and forensic labs?
Quite valid, I second you on this! There's a saying "Rishwat laitay pakray gai aur rishwat day ker chhot gai" Wrong again here is at the level of investigations; NAB, FIA, Police every institution works under the influence of governments/politicians & of course they would stand by their partners in crime in any way. We all need to understand a fact that courts do not investigate, best courts can do is to force authorities to investigate and monitor the procedures but again there's a big question mark on the bonafides of the investigators.
But....how many cases has the CJ been able to resolve that have been proved? The perfect example would be Tauqir Sadiq. As per the constitution of Pakistan, the SC/CJ has the authority to have its orders implemented by any means necessary, this includes calling in Military to force the Civilian Government. The will was never there!!
Apex court actually had already passed its verdict on this, had directed the government to investigate into the matter thoroughly. But the government instead had made it clear that it had no intention to repeat the politics of 90s, now that means NO INVESTIGATION. However I do believe that apex court if wanted could have forced the government but it avoided perhaps because of its affection for NS.
Exactly....
Well it did! Recall one PM was sent home and ultimately government had to write a letter to Swiss authorities. Swiss authorities refused to reopen the cases, now blaming SC makes no sense.
Again, the SC had the authority to order AG to write the letter, yet it continued to give & waste time until the cases reached age of time bar in Switzerland. It was deliberate and the punishment to the PM was rather symbolic, to fool the general public, don't you think?
That's because there was no evidence against them. Had agencies gathered a few sufficient for their conviction they would have been LAPATA AFRAAD, they would have been facing charges against them. Don't expect conviction in any court anywhere the entire world without valid evidences; exception if there's a law that convicts on the basis of collective conscience of a society.
Fair enough. However, in times of extreme duress or war, nations have to take extreme decisions, these critical choices make and break nations. Were the agencies picking up people and locking them up at random or did they have leads/intel that could ultimately not be proven in court? Take the example of our beloved President, the whole world is aware of his piety and goodness, yet no agency can take any action against him..........does he deserve a fair trial, I believe he does but should he walk just because things cannot be proved against him?
BLA people are absconding. Brahimdad's acquittal is beyond me also, heavy arms were recovered at the time of his arrest. ATC again was the court which dealt him.
Politics man, its a dirty business.
Apex court, frankly speaking, has left no stone unturned to bring him back. His case is still in the court, just yesterday it was revealed that Rehman Malik and Jahangeer Badr helped him escape. Bringing back the absconder is the responsibility of government, diplomatic channels are under the control of government and not the courts.
Again, if the Government is unwilling to act on SC rulings then the SC can summon the Military to enforce law. Why has the Military not been called, not just to have SC orders implemented but also to take to task those who refuse to carry out their duties?
Politics man!!
He was only given permission to go abroad, court never acquitted him, he's yet to be convicted of treason. Court perhaps shouldn't have allowed him to travel abroad.
There was a treason case against him and they let him go abroad, I mean really???? Think about it man.
What sorta action are you expecting? Don't you remember court a couple of month ago ordered NAB to proceed against him and his company and file a reference against them. It's the NAB that is not willing because of its head who has affiliation with PPP.
Then the SC has the authority to initiate contempt of court proceeding against Chairman NAB and the SC can actually punish him within a day......that would actually be justice served, if only.
Unfortunately! Law I believe must be made more rigorous, ifs and buts have to be eliminated. Banks should be asked to take a strict stance; stay order and other legal leniency must be withdrawn in this particular regard. BTW, under law, it's the ECP that makes election policy.
The law is mostly fine, it is the implementation that sucks big time.
