Democracy Wins!

[AgNoStiC MuSliM]

Now this is also every interesting:

48 (2) Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so [26A][and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever].
[26B]

President has the power to appoint judges after consulting with the CJP. Since both branches couldn't agree the power rests with the Executive branch because the PM also advised the President to do the same.

Article above further nullifies the SC bench decission for the suspension of the appointments.

What next?

If Justice Sharif refuses to accept the appointment then he will be considered retired as per the following article:

[206 Resignation,
(1)] A Judge of the Supreme Court or a High Court may resign his office by writing under his hand addressed to the President.

[229] [(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.]

SSGPA:

The problem arises from the Al-Jihad and similar cases in which prior Supreme Court benches have interpreted the appointment provisions to imply the CJ has the final authority.

Whether we agree or not, the fact is that Pakistani institutions and individuals are bound to respect that judgment/interpretation.

This is why I said earlier that either another bench of the Supreme Court must issue a ruling in favor of the President, overturning the previous ruling, or parliament must clarify/amend the articles related to judicial appointments via an amendment.

At the end of the day the judiciary is responsible for interpreting the constitution.

So the Zardari government could file a case in the SC arguing its position, and hope for a favorable ruling (unlikely), or the constitutional amendments being negotiated currently might be passed.

I would argue that the GoP will file suit in the SC, and this whole tamasha was to waste time and delay appointments to the courts until the constitutional amendments are passed.

 

[sonicboom]

PM, coalition ignored in decision-making
Published: February 14, 2010


ISLAMABAD – Once again the advice of Prime Minister Syed Yousuf Raza Gilani was not given any consideration at the time of making decision regarding the elevation of judges in superior courts that was also made in total disregard to the Chief Justice of Pakistan’s recommendations.

A high-level consultative meeting was held at Awan-e-Sadr under the chair of President Asif Ali Zardari and attended by Prime Minister Syed Yousuf Raza Gilani, Chairman Senate Farooq H Naek, Federal Minister for Law, Justice and Parliamentary Affairs Dr Babar Awan, adviser to PM on Information Technology and former Attorney General Latif Khosa and others. The meeting took up the issue of elevation of judges in superior courts in the light of the recommendations of Supreme Court of Pakistan.

Sources privy to the deliberations of the meeting informed TheNation that Prime Minister Gilani was among those who differed on the issue and advised the President Zardari not to go against the recommendations of the Chief Justice of Pakistan as the move would fireback and the Government would spin into chaos and disarray, but Dr Babar Awan and Latif Khosa prevailed and the Premier’s advice was put in the dustbin like he was not heard at the time of imposing Governor’s Rule in the Punjab.

The sources further informed that even some other participants of the meeting also expressed their concern over the move but their voiced too was buried under the strong arguments of the legal wizards of President Zardari. The sources in Pakistan People’s Party further informed that not even a single coalition partner - ANP, JUI(F) and MQM - was taken on board before going for such an extreme step and if the backlash would turn out to be strong enough, none of these coalition partners would stand with President Zardari.

PM, coalition ignored in decision-making | Pakistan | News | Newspaper | Daily | English | Online

 

[Gin ka Pakistan]

^^^^ we have Parliamentary government with a weak P.M , we want Act of 71 on its pure form

 

[sonicboom]

Our Staff Reporter from Lahore adds: Talking to the media after refusing to take oath as Acting LHC CJ in place of Justice Kh Sharif, Justice Saqib Nisar appeared committed to uphold respect and dignity of the judiciary under the supervision of Chief Justice Iftikhar Chaudhry and said he did not fear the consequences of his move.
“I will happily accept any consequence,” he said sounding that his move is to cleanse that mark came to his name when he had accepted the fresh appointment, among four, as judge of judiciary under Chief Justice Abdul Hameed Dogar. The respect and independence of judiciary is of paramount importance to him, he said.

Nisar was quoted in the media as saying that he would not go to Governor House to take the oath of his new office. “I cannot accept any illegal order just for my own sake,” Nisar said.

Full article:

President rejects CJ's summary | Pakistan | News | Newspaper | Daily | English | Online

 

[qsaark]

I agree 100% but I think CJP and co. have played into the hands of our politicians.

Now what is this CJP and Co? Why you get descended from decency (which is part of your personality) to this cheap language, hallmark of Musharraf and Rashid Qureshi?

 

[SSGPA1]

i judges case president has no ultimate power. he has to do it in 'consulation' with CJ. here the only issue is how to define consultation.
now no where it says that the high court chief justice can be the only nominee for SC. CJ, without violating any stated code, recommended senior most judge of LHC to be appointed as SC judge. President in return rejected the summary without citing any solid reason (such as violation of constitution or nominee's character etc).

Well said! How do we define consultation? Which ever way we define consultation it will always mean as a advise or a strong advise.

PM is advising the President - In this scenario there are two branches in favour of a certain appointment and the third branch doesn't have the power to over rule the other two.

This is beautiful - In the sense that constitution is playing a critical role and Pakistanis are actually taking the time to understand it

 

[SSGPA1]

Now what is this CJP and Co? Why you get descended from decency (which is part of your personality) to this cheap language, hallmark of Musharraf and Rashid Qureshi?

Have you gone nuts??

What did I write to insult the CJP??

Just because you have come to understand that CJP is in a tough spot so you have decided to get into this nonsense.

Showing the narrowness of your own personality will not serve Pakistan or the CJP. I am sure that lack in your personality will probably never go away, even with 10 PHD.

 

[SSGPA1]

SSGPA:

The problem arises from the Al-Jihad and similar cases in which prior Supreme Court benches have interpreted the appointment provisions to imply the CJ has the final authority.

Whether we agree or not, the fact is that Pakistani institutions and individuals are bound to respect that judgment/interpretation.

This is why I said earlier that either another bench of the Supreme Court must issue a ruling in favor of the President, overturning the previous ruling, or parliament must clarify/amend the articles related to judicial appointments via an amendment.

At the end of the day the judiciary is responsible for interpreting the constitution.

So the Zardari government could file a case in the SC arguing its position, and hope for a favorable ruling (unlikely), or the constitutional amendments being negotiated currently might be passed.

I would argue that the GoP will file suit in the SC, and this whole tamasha was to waste time and delay appointments to the courts until the constitutional amendments are passed.

Valid arguements because CJP has the power to interpret the decision some lawyers will intrepet the decision in another way.

Lets see how much leverage the GoP gets on the amendments.

 

[qsaark]

What did I write to insult the CJP??

"CJP and Co", this is what you wrote to insult the honorable Justices and the Judiciary. What do you think, the honorable Chief Justice and the Judiciary is a business company? What do you mean by this CJP and Co? What you know about the narrowness of my personality? Condemning dictatorships and gaali baaz bad zuban Rashid Qureshi (the world watched him using most abusive words on the media, God knows what kind of language he and his Boss would have used in private) is narrowness? I support the supremacy of law and Justice, you on the other hand support those who left no stone unturned to destroy it.

 

[SSGPA1]

Condemning dictatorships and gaali baaz bad zuban Rashid Qureshi (the world watched him using most abusive words on the media, God knows what kind of language he and his Boss would have used in private) is narrowness? I support the supremacy of law and Justice, you on the other hand support those who left no stone unturned to destroy it.

wow! great come back!

Khawaja Asif said something really, really nasty about Gen. Rashid's family and this is why he cursed Kh. Asif. No one has every seen Gen. Musharraf cursed so lets not speculate.

Using and company is a common practice and not amounts to ANY insult. If I can accept Zaradri the President of Pakistan then I can most certainly respect Ch. Iftikhar as the CJP.

Lets not derail the topic at hand.

 

[Gin ka Pakistan]

^^^ I agree with SSGPA1 that Khawaja Asif said something really, really nasty about Gen. Rashid's family first and he reacted to it which was wrong too but it was Khawaja Asif who started it.

 

[qsaark]

^^^ I agree with SSGPA1 that Khawaja Asif said something really, really nasty about Gen. Rashid's family first and he reacted to it which was wrong too but it was Khawaja Asif who started it.

Khwaja Asif did not say anything nasty about gaali baaz Qujreshi's family; did you listen the debate yourself? Khwaja Asif said "O' yaar, jis tarah tum Gernale baney ho, saari duniya ko pata hey tumhari qualification kya thi" and this he said when gaali baaz Qureshi repeatedly accused the politicians of telling lies. Now, what Khwaja said does not even come near to the abusive words used by gaali baaz Qureshi. Listen yourself here: http://www.geotauaisay.com/2010/01/videoabusive-fight-between-khawaja-asifgeneral-rashid-qureshi/

 

[qsaark]

wow! great come back!

Thanks.

Khawaja Asif said something really, really nasty about Gen. Rashid's family and this is why he cursed Kh. Asif.

Wrong; he said nothing nasty about gaali baaz Qureshi's family. Reference: http://www.geotauaisay.com/2010/01/v...ashid-qureshi/

No one has every seen Gen. Musharraf cursed so lets not speculate.

A man is known by the company he keeps.

Using and company is a common practice and not amounts to ANY insult. If I can accept Zaradri the President of Pakistan then I can most certainly respect Ch. Iftikhar as the CJP.

Use these words where a Justice or even an informed Lawyer is present, and you'll face 'contempt of court' charges even in Canada. We are not talking about any Tom, Dick and Harry, we are talking about the Chief Justice of Pakistan and the Judicial Institution.

Lets not derail the topic at hand.

Agreed.

 

[Tomahawk]

Below is Article 177 of Constitution of Pakistan which deals with the appointment of Supreme Court Judges.

177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.

(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-

(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or

(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).

 

[ejaz007]

PPP on course of suicide: Khosa
Updated at: 1200 PST, Sunday, February 14, 2010


LAHORE: The senior advisor to Chief Minister Punjab Sardar Zulfiqar Khosa has said Pakistan Peoples Party (PPP) has opted the course of confrontation, which will ultimately lead the party to suicide, Geo news reported.

In a statement issued from here, he said the notification over the judges’ appointment from presidency keeps no legal and constitutional status.

He said the issuance of notification clearly sent message from government that it outspokenly defies the provisions of constitution neither is it in mood to respect law.

This decision has left PPP all alone amid political scenario, he added.

PPP on course of suicide: Khosa