Democracy Wins!

[ejaz007]

PM Gilani phones Aitzaz

LAHORE: Prime Minister Yousaf Raza Gilani telephoned former Supreme Court Bar Association president Barrister Aitzaz Ahsan to discuss with him the latest situation arising after the Supreme Court rejected the appointments made by the president to the higher judiciary, a private TV channel reported on Saturday. The prime minister discussed the aftermath of the situation with Aitzaz Ahsan. daily times monitor

Daily Times - Leading News Resource of Pakistan

 

[ejaz007]

‘PML-Q will stand by the judiciary’
Daily Times Monitor

LAHORE: Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujaat Hussain has summoned a meeting of his party’s top leadership on February 17 (Wednesday) at the PML House to discuss the latest tension between government and judiciary over the appointment of judges.

In a statement, Shujaat said his party would stand with the judges and would discuss the current position in the upcoming party meeting. Talking to a private TV channel, Senator Mushahid Hussain said President Asif Zardari has confronted the judiciary. He said that while Prime Minister Yousaf Raza Gilani is trying to protect the system, Zardari is targeting the judiciary.

Separately, former law minister Senator SM Zafar told a private TV channel that the situation would become clear only after reading the detailed verdict of the three-member bench. He said the president should follow the summary sent by the chief justice’s bench and any confrontation among the institutions would not be in the national interests.

Daily Times - Leading News Resource of Pakistan

 

[MZUBAIR]

AG-CJ meeting underway

ISLAMABAD : The meeting between Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry and Attorney General Anwar Mansoor is currently underway, Geo News reported Sunday.

The Chief Justice is present at his chamber despite an off day today, where he was approached with the request of the Attorney General for a meeting.

The informed sources are holding this meeting extremely important.

It should be mentioned here that he was summoned to appear before the court hearing the case regarding the judges’ appointments yesterday; however, he could not turn up at the court, as he was not the in Karachi.

 

[SSGPA1]

AG-CJ meeting underway

ISLAMABAD : The meeting between Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry and Attorney General Anwar Mansoor is currently underway, Geo News reported Sunday.

The Chief Justice is present at his chamber despite an off day today, where he was approached with the request of the Attorney General for a meeting.

Title should be GoP-CJ consultation underway

Lets see the result of this episode.

 

[sonicboom]

What is the country to make of this? The goings-on in Islamabad yesterday defy easy explanation. The dispute is no longer about whether anyone is or isn’t a judge of the superior judiciary but about who sits on which court of the superior judiciary.

Neither is it obvious what Chief Justice Iftikhar Chaudhry hopes to gain by setting aside the seniority principle and appointing the less-senior Justice Saqib Nisar to the Supreme Court instead of LHC CJ Khwaja Sharif nor is it obvious why the executive is unwilling to accept Justice Khwaja Sharif continuing as the LHC CJ and wants Justice Saqib Nisar in that job instead.

So the country is confronted with a highly arcane and technical dispute over constitutional prerogatives between the executive and the head of the superior judiciary but a dispute which nevertheless carries the potential for having seriously destabilising effects on the polity.

At this moment, all sides need to step back, take a deep breath and think very carefully about their next moves. The backdrop to the latest moves is what is perceived to be the escalating tension between the executive and the judiciary since the Supreme Court’s judgment in the NRO case.

Historically, clashes between these two institutions have led to disastrous consequences for democracy and constitutional continuity in the country. The fate of a high court judge here or a retired Supreme Court judge there should not hold the country’s political future hostage. Common sense must prevail.

For full article:

DAWN.COM | Editorial | Dangerous escalation

 

[Awesome]

I guess you should read it too instead of standing up for your CJ party.

pakistani.org/pakistan/constitution/part7.ch2.html][Chapter 2: The Supreme Court of Pakistan] of [Part VII: The Judicature][/url]

President needs to 'consult' not 'obey' the CJ recommendation. Here is our CJ that orders his fellow judges to issue a judgment within an hour or two of hearing and at this time of night. This nothing short of shameful.

CJ is a party, not an impartial judge. Zardari is corrupt and no one is denying that but he is democratically elected president and has every right to exercise his power.

This whole episode is shameful. A constitutional amendment is needed where this power goes directly to legislature just like in the US and other countries.. That would be the most transparent process.

And giving a stay order is within the rights of the CJ. He hasn't done anything against the constitution either.

That's why its called a Stand-off and however you look at it, the CJ is doing the nation a favor by all his judicial maneuvering and the President is just furthering his corruption.

 

[qsaark]

Neither is it obvious what Chief Justice Iftikhar Chaudhry hopes to gain by setting aside the seniority principle and appointing the less-senior Justice Saqib Nisar to the Supreme Court instead of LHC CJ Khwaja Sharif nor is it obvious why the executive is unwilling to accept Justice Khwaja Sharif continuing as the LHC CJ and wants Justice Saqib Nisar in that job instead.

Najam Sethi's crap...

Its obvious that honorable Chief Justice of the Lahore High Court is doing his job nicely and effectively. Why CJP wants him to hold the current position, because perhaps no other Justices of the Lahore High Court are ready to take up the important position of CJ LHC as of yet. Justice Nisar was not going to the Supreme Court as the Chief Justice, but just another Justice of the Supreme Court. Is this something new happening in the Judiciary? why Government is so much interested in applying the seniority rule in the Judiciary while the same rule is ignored over and over again while appointing the COAS or other services chiefs? This seniority rule works up to certain level, and after that, many other considerations become important. Not everybody is suitable for the role of a leader, something highly desirable for certain positions; hence, at that level adhering to seniority rule is not the most practical thing. What about Zardari himself? is he the most senior party member? What he is doing as the chairperson of the party? where is the seniority rule?

 

[SSGPA1]

Why CJP wants him to hold the current position, because perhaps no other Justices of the Lahore High Court are ready to take up the important position of CJ LHC as of yet.

So CJP will continue to pull juniors into the SCoP for the sake of LHC?

No it doesn't work this way and I am sure CJP is not thinking like this either.

What if a plane crash happens and justice Sharif dies (may Allah forbid that)?

Do you think LHC will sieze to exist??

I believe that Zardari has not interest in Pakistan but I know that CJP has sincerety towards Pakistan but I see both of them harming Pakistan at this point!

CJP should spend resources in getting salary increases for judiciary all over the country and ensure quick justice, leave politics to the politicians.

 

[qsaark]

So CJP will continue to pull juniors into the SCoP for the sake of LHC?

How many juniors he has brought in the Supreme Court?

No it doesn't work this way and I am sure CJP is not thinking like this either.

Yes, it very much works like this in certain cases. In the government job, transfers are frequent, but my Dad stayed in Quetta for 25 long years, only because Balochistan Government did not want him to leave and every time he was transferred elsewhere, it was canceled by the HQ on the request of the provincial government.

About the CJP... you may know ilm-ul-ghaib, I don't; so I am not 'sure' what he was thinking, but an educated guess says that CJP does not want honorable CJ LHC to move to the SC as of yet.

What if a plane crash happens and justice Sharif dies (may Allah forbid that)? Do you think LHC will sieze to exist??

So far the plane has not crashed; when it will crash, than we'll see how the CJP handles the situation.

I believe that Zardari has not interest in Pakistan but I know that CJP has sincerity towards Pakistan but I see both of them harming Pakistan at this point!

Could be, but which 'harm' is more harmful? to let a known corrupt and criminal to exercise powers he has literally usurped and hijacked through faking the will of his murdered wife, or let an educated and experienced CJP to run his institution.

CJP should spend resources in getting salary increases for judiciary all over the country and ensure quick justice, leave politics to the politicians.

This current problem or crisis is about the constitutional rights not about politics.

 

[fawwaxs]

PML-N blames government for creating another judicial crisis

ISLAMABAD: The PML-N blamed the government on Sunday for creating another judicial crisis in the country.

It also alleged that both President Zardari and Prime Minister Gilani have backtracked from their commitment on judges’ issue.

The PML-N is holding a high level consultative meeting to discuss the recent judicial controversy. Chaired by Mian Nawaz Sharif, the meeting deliberated upon the legal and constitutional aspects of the matter.

The PML-N believed the elevation of Justice Khawaja Sharif as Supreme Court judge and appointment of Justice Saqib Nisar as acting Chief Justice of Lahore High Court were unconstitutional.

The party supports the suspension of President Zardari’s notifications by the Supreme Court.

PML-N Spokesman Ahsan Iqbal already criticised Gilani for breaking his promise with Sharif that the government will act upon Chief Justice Iftikhar Chaudhry's advice on the issue of judges’ appointment.

DAWN.COM | Pakistan | PML-N blames government for creating another judicial crisis

 

[SandsofTime]

to let a known corrupt and criminal to exercise powers he has literally usurped and hijacked through faking the will of his murdered wife,

Qsaark, apparently incase of Zardari you do seem to possess ilm-ul-ghaib. How do you know anything about BB's will? Care to share?
As much as I hate to say it, has Zardari so far been "convincingly" convicted in any court of law? Now if you are referring to the court of public opinion, then thats an entirely different thing. But coming from someone who unflinchingly supports rule of law, use of such words seems contradictory.

And don't take this post to heart, in our hearts of heart we all curse Zardari now don't we?

 

[qsaark]

Now if you are referring to the court of public opinion, then thats an entirely different thing.

Awaz e khalq ko naqqara e Khuda samjho.

Besides, those who know, they know. It is not that everything has to be proven in the court, not all the time. There are several cases pending against him, even the French want him on the 'French engineer murder case' linked to the Agosta subs. A lot has been written and discussed in the national media on faking of benazir's will; he is even accused by those who were most close to BB (Miss Naheed). So this is not called ilm-ul-ghaib, its called educated guess.

 

[SandsofTime]

So, apparently you are willing to concede to public opinion which has been shown to be wrong several times in the past. In that case public opinion against CJ should also be held valid regardless of it being a relatively minority opinion. You of all should know, courts do not work on the basis of public opinion. Innocent until proven guilty? Courts have overturned popularly supported measures in different places of the world.

In functional democracies there is this concept of protection from tyranny of majority. Even if the whole media chooses to target their fire at one person, it doesn't make anyone guilty until cases have been decided. You should then only restrict your criticism of Zardari to performance of the current government which are ascertainable from visible facts (overthrowing Punjab Gov, delay in judges restoration, collapsed economy). Delving into the hypothetical can be considered slandering.

 

[qsaark]

Delving into the hypothetical can be considered slandering.

Yes, it is.

 

[sonicboom]

Najam Sethi's crap...

Its obvious that honorable Chief Justice of the Lahore High Court is doing his job nicely and effectively.

Well, I did listen to that clip and found him angry and disgruntle.

I do remember reading sometime ago that the CJ of LHC was doing such an excellent job at the LHC that CJ requested him to stay there instead of getting appointed in the Supreme Court. It was mutually agreed upon that the CJ of LHC would stay there and instead Justice Nisar would be recommended as Justice of the Supreme Court.

However, at the same time, I feel that the constitution and the process are flawed. There is too much ambiguity. There is a need for a better and transparent process not only acceptable to both parties but also good for the country and the democracy.