Democracy Wins!

[qsaark]

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.

You may be right, and I also honestly feel that the process of these appointments must be very clear. However, I do not agree that the President or any other politicians be given the right to appoint the Justice on their whim. Does anybody interfere in the process of appointing the Corp Commanders? Who knows which officer is better and more suited for the job than the Selection Board and the COAS or other services chiefs? Similarly, its the Chief Justice of Pakistan who knows which Justice is suitable for which position and where he should be serving. Politicians come and go, there is no consistency in their policies which largely or should I say entirely revolve around their own pathetic agenda and selfishness. They make laws, fine, but I don't buy that they should be given a free hand to destroy all the institutions or departments in the name of 'elected' representatives and their accountability is postponed until the next elections. Who will pay for the damage they made? the voters?

 

[SSGPA1]

How many juniors he has brought in the Supreme Court?

Why set the precedence?

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.

and the GoP wants him in the SCoP. Who has the power to appoint? The President with the consultation of the CJP but it in case of dispute, the President will have the last say. Whether you like it or not, our constitution gives exceutive more power. Read through article 48 again.

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.

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

Cry me a river, fact is that his party won most of the seats and they made him the President of Pakistan. Now he heads the executive branch and his party is still supporting him.

CJP is wrong and shouldn't have taken the next step in such a hurry and specially when he is meeting with the AGP to discuss this very issue!

Why the CJP didn't take this step in the past??

 

[qsaark]

Why set the precedence?

Because it is the CJP who is the head of the Judiciary, he knows where he needs Justices and of which level of experience.

and the GoP wants him in the SCoP. Who has the power to appoint?

GoP does not want him there, Zardari wants him there.

The President with the consultation of the CJP but it in case of dispute, the President will have the last say. Whether you like it or not, our constitution gives exceutive more power. Read through article 48 again.

I tried to educate you, AgnosticMuslim tried to educate you, yet you are back on the same point from where you started.

Cry me a river, fact is that his party won most of the seats and they made him the President of Pakistan. Now he heads the executive branch and his party is still supporting him.

Constitution is clear what the government can do and what not. Winning majority seats does not mean they can do whatever they like to.

CJP is wrong and shouldn't have taken the next step in such a hurry and specially when he is meeting with the AGP to discuss this very issue!

Why the CJP didn't take this step in the past??

Really? time will tell who is wrong and who is not. Suffice to say if the CJP was wrong or he was doing something unconstitutional, he would be in the hot water not Zardari. It seems you are not keeping yourself abreast with the most recent developments, nor you bother to listen what the law professionals are saying about the whole fiasco. There are not even half a dozen law professionals who are saying that the honorable Chief Justice is wrong, yet you, are declaring he is wrong.

 

[qsaark]

 

[Murshad]

Unfortunately a very interesting situation for a political science student.
After restoration CJ reopns only that case which points towards Zardari.
Shahbaz meets COAS days before this whole saga
One time Supreme court “orders” to consider seniority and on second occasion it “violates” its own “order” interestingly on both occasions PPP govt is in power.
Both “disputed judges have “anti-pp” back ground but why CJ does not want one in Supreme Court and other in High court.

 

[ejaz007]

Zardari biggest threat to democracy, says Nawaz
Staff Report

ISLAMABAD: A day after tensions between the executive and the judiciary resurfaced, Pakistan Muslim League-Nawaz (PML-N) chief Nawaz Sharif has called on the president to withdraw Sunday’s orders on the appointment of judges, and said Asif Ali Zardari is “the biggest threat to democracy”.

Addressing a press conference at Punjab House after a three-hour meeting of the PML-N, Nawaz also called on Zardari to implement the Supreme Court’s verdict on the National Reconciliation Ordinance and “return the money in Swiss accounts to the national exchequer”.

“We have reservation over Zardari’s attitude towards the judiciary. We condemn the way ... the government violated the law and the constitution,” said Nawaz.

However, the PML-N chief said there was no threat to democracy, and “no outsider” – probably a reference to the army – would be allowed to exploit the political chaos. “We will make sure that no one exploits this political and judicial crisis.”

Nawaz said had the Charter of Democracy been implemented, “none of these problems would have existed”.

“We might make harsh decisions in the coming days, and will protest in and outside parliament and mobilise the masses. We will not allow anybody to spoil the institutions for personal motives,” he said.

Daily Times - Leading News Resource of Pakistan

 

[ejaz007]

Govt to implement SC verdict on judges’ elevation: Kaira

* Information minister says president’s decision is constitutional

ISLAMABAD/LALA MUSA: Rejecting any chances of a clash with the judiciary, Information and Broadcasting Minister Qamar Zaman Kaira on Sunday said that the government would implement the Supreme Court’s verdict on the elevation of judges.

Talking to a private news channel, Kaira said the government would, however, present its viewpoint in the SC on February 18. “It is incomprehensible why it is being portrayed as a clash of institutions. There is just a difference of opinion between the president and the chief justice of Pakistan on the judges’ elevation,” he said. He said the president had issued a notification, elevating Lahore High Court Chief Justice Khawaja Muhammad Sharif. “The SC intervened and cancelled the notification. No one disobeyed them... Let the Supreme Court decide on the judges’ issue and the government will accept the verdict,” he said.

Right decision: Separately, he told reporters that the appointment of judges by President Zardari was in accordance with the constitution. “The notifications were issued keeping in view the basic principle of seniority. It was in accordance with the constitution,” he said. To a question, he said the Supreme Court had also sought a reply from the government on the promotion of secretaries. He asked Pakistan Muslim League-Nawaz chief Nawaz Sharif to avoid levelling corruption charges against the Pakistan People’s Party (PPP) leadership. “The PPP has rendered many sacrifices for the sake of democracy, and the country is being taken forward in accordance with the wishes of Benazir Bhutto,” he added. app

Daily Times - Leading News Resource of Pakistan

 

[ejaz007]

‘Judiciary’s stance in accordance with law’


LAHORE: The stance of the judiciary on judges’ appointment is according to the law and constitution and the whole nation stands by it, PML-Q dissident group President Salim Saifullah Khan said on Sunday. Addressing a press conference at the party’s office, he suggested that both the president and the chief justice should not make this issue a matter of their egos. He also requested President Zardari to cancel his orders regarding appointment of the judges. Saifullah said the army chief has started meeting with politicians but the army should remain neutral on political issues. staff report

Daily Times - Leading News Resource of Pakistan

 

[SSGPA1]

Because it is the CJP who is the head of the Judiciary, he knows where he needs Justices and of which level of experience.

But he is one person there has to be a process like the process in the armed forces so till that is established one man's rule on the judiciary can't be accepted.

GoP does not want him there, Zardari wants him there.

I know you have ego issues like CJP so intead of writing your emotions please check the facts. This what PM Gilani said:

Gilani said a summary for the appointment of the judges was sent to the president by him.

“Why do you think it is end of the system or the end of democracy and the arrival of the third force?” Gilani questioned. “A single decision on the appointment of a judge cannot destabilise the system, I don’t think so,” said the prime minister. “It is not the Kashmir dispute ... we will solve it. It will be fine.”

Daily Times - Leading News Resource of Pakistan

I tried to educate you, AgnosticMuslim tried to educate you, yet you are back on the same point from where you started.

Constitution is clear what the government can do and what not. Winning majority seats does not mean they can do whatever they like to.

My friend, review the articles again and get one thing in your head, i.e. in case of dispute, President will have last say. Agno quoted US system where they have the Presidential system.

You quoted your emotions. I have quoted the constitution of Pakistan over and over again but you quote what Jang Group puts in their papers.

Really? time will tell who is wrong and who is not. Suffice to say if the CJP was wrong or he was doing something unconstitutional, he would be in the hot water not Zardari. It seems you are not keeping yourself abreast with the most recent developments, nor you bother to listen what the law professionals are saying about the whole fiasco. There are not even half a dozen law professionals who are saying that the honorable Chief Justice is wrong, yet you, are declaring he is wrong.

CJP is wrong in claiming that no consultation was done. CJP is wrong in delaying the consultation process with the AGP.

CJP has again played a critical role in supporting corrupt politicians staging an event to divert attentions from the real issues.

Yes sir, CJP is wrong!

 

[qsaark]

SSGPA1:

I will not continue with you for the reasons:

A. You are getting personal

B. You have personal grudges against the honorable Justices, the Supreme Court of Pakistan and the free judiciary for their stand against the dictatorship (of which you are a staunch supporter), and black ordinances such as NRO.

C. For me, the opinion of the law professionals/experts is always preferable over those who have not read even a single book on law in their entire life; who don’t know (or don’t want to accept and tolerate) the fact that the interpretation of laws is the job of the Judiciary not of the legislature or executive branch.

D. This matter is already in the Supreme Court, and soon we’ll know who was right and who was not.

E. I’ll choose not to come to your level of ignorance and waste my time on things which don’t even exist and are purely hypothetically coming from your biased imagination.

Thanks and bother not to reply, as I will not reciprocate.

 

[Taha Samad]

firstly interpretation of law is job of supreme court.

In that case people must go and read judgement of Al-Jihad trust case, according to which opinion of CJP is almost a binding on President of Pakistan.

Its somewhat the same case as: although president needs to sign any amendment bill but even if he does not after a certain period the bill that has been passed by 2/3rd majority becomes a law automatically.

in our consititution president was supposed to be powerless, just a ceremonial head.17th amendment has deformed the constitution.

secondly justice khawaja is going to retire in december any way.So after december if we go by seniority priciple Justice Saqib Nisar shall be be promoted to SC. Justice Saqib Nisar has many years of service left and by the time current CJP retires in 2014 he will be one of the most senior judge of SC and potentially can be CJP but provided he is promoted now.

what zardari wanted was not to abide by seniority priciple but actually promote khawaja sharif now and promote some one junior at a later stage,but keep justice saqib nisar in LHC.

he is doing everything for the sake of saving his office

 

[HAIDER]

At this stage , Nawaz should be neutral. His open support to judiciary will back fire. For some time people and institution should accept Zardari as president of Pakistan. But Zaradari need to stop confrontational policy for some time.

 

[qsaark]

At this stage , Nawaz should be neutral. His open support to judiciary will back fire. For some time people and institution should accept Zardari as president of Pakistan. But Zaradari need to stop confrontational policy for some time.

You are absolutely correct; not only Mr. Nawaz and other political parties, but also the Lawyers should not become the party here. I was very sad to see when the Lawyers took up the roads. This is purely a lego-constitutional case hence must be resolved between the Supreme Court and the GoP (which unfortunately is Zardari not the PM and his cabinet).

 

[SSGPA1]

At this stage , Nawaz should be neutral. His open support to judiciary will back fire. For some time people and institution should accept Zardari as president of Pakistan. But Zaradari need to stop confrontational policy for some time.

He can't stay neutral because his only achievement was the support to the lawyers movement. There is no achievement to show by the Punjab govt. so he will jump in soon.

 

[SSGPA1]

Sharif lashes out​

Here we go again. Pouring fuel on Saturday’s fire, Nawaz Sharif has lashed out against President Zardari. The president is the ‘biggest threat to democracy’ in Mr Sharif’s reckoning and the move to replace Lahore High Court Chief Justice Khwaja Sharif was unconstitutional.


The PML-N supremo threatened to agitate against the government’s ‘anti-constitutional’ moves inside and outside parliament and demanded that Chief Justice Iftikhar Chaudhry’s recommendations on the appointment of judges be complied with immediately. It appears, then, that the ‘friendly opposition’ is no more. Could this be the start of a new round of political conflict and instability? It’s not clear yet.

President Zardari could make a swift U-turn and decide to do what Chief Justice Iftikhar Chaudhry ostensibly wants: elevate Justice Saqib Nisar to the Supreme Court from the Lahore High Court and keep Justice Khwaja on as the LHC CJ. Additionally, the president could also appoint Justice Ramday as an ad hoc judge of the Supreme Court as demanded by the chief justice. After that the multiple openings on the various high courts would also need to be filled, again perhaps completely in line with Chief Justice Chaudhry’s recommendations.

Anything short of that and the government is likely to continue to remain under pressure. The fact that the PPP has opted for some small-scale mobilisation on the streets, though, does not augur well for political stability. It seems all sides — the government, the opposition and the judiciary — are digging in their heels.


It is of course impossible to ignore the background to the latest row: the perception that all is not well between the judiciary and the executive since the restoration of Chief Justice Chaudhry last March has been greatly reinforced by events since the Supreme Court’s judgment in the NRO case. Now, with Mr Sharif casting aside his benign veneer yesterday, the stakes have raised and the government is likely to find itself under pressure from two fronts simultaneously.

What all sides should do now — as opposed to what they will do — is obvious. The opposition needs to step back from politicising a legal battle. The Supreme Court must clarify the procedure for the appointment of judges by laying down clear rules. And the court must do it in a manner that demonstrates sound legal reasoning as opposed to a naked desire to get its way. Finally, the government must accept in good faith whatever the Supreme Court decides in the matter and implement it fully. That alone will serve the interests of democracy.

DAWN.COM | Editorial | Sharif lashes out