Gilani disqualified as PM: SC

[Awesome]

1) Yes, the judiciary 'interprets' the Constitution--only the way these honorable judges personally consider the right interpretation! No amount of parliamentary rulings, votes of confidence, resolutions, and EVEN a Const. Amendment can move these destructive and ideological judges once they have made up their minds! ***No amount of reasoning that the Const. grants the President 'immunity' can make these judges seriously consider the arguments once their minds are made. Take an example: Sunday is the official weekend in Pakistan. What if these judges decide that it should be Friday because of the 'Islamic' nature of the Pakistani Constitution. You can hee-haw all you can in the Supreme Court but it will be no avail. These judges are truly above the law themselves***

Actually the case wasn't fought at all. Someone in the PPP screwed over Gilani, you must read Babar Awan's blunt comments on these.

What was the logic of not appealing the first ruling where so many more arguments could have been made, what was with the AG screaming in the court? They didn't make their case, even a law student would have done a better job. So don't tell me that they rejected good reasoning, it was a joke how it was fought. On PPP orders, these two lawyers screwed over Gilani - things will come out.

2) Why should I trust these judges who themselves authorized not only Zia's coups but also Musharraf's 1999 coup as well? Some of these same judges not only condoned Musharraf's 'high treason' but also gave him, unsolicited, authority to AMEND the Constitution! At the least I can say that these judges are capable of making grave mistakes but without being held accountable themselves. If anything, those honorable judges, who chose to retire instead of approving Musharraf's coup, should be the ones in office AND holding their own fickle brothers to account.

They weren't these judges and also as far as taking oath on the first PCO that matter has been laid to rest as that was under the threat of the gun and fighting dictatorship was something new back in 1999. They have apologized and the government as well as people as well as the law fraternity has accepted it and now they have fought against dictatorships that record is also in front of you.

3) PPP was very likely to lose the next elections. It just still might. But giving it another 'victim' card, so close to the elections, is not tactically brilliant.

Law arbitrators cannot and must not be concerned with that they are not politicians they make rulings on the law thats it.

4) These judges have shown unusual haste in targeting PPP while cases involving others, such as PMLN and even the Army ('Mehran Gate' of 1996) are not exactly been pursued with the same vigor.

Cases were held, Sharifs were found not guilty. In Mehran Gate the initial accusation was done by the media the courts never had any allegation against the Sharifs since the 20 million that supposedly Sharifs got was at totally different times and for legit purposes. I am not a Sharif defender just say your information is wrong.

Criminal proceedings are to be done through the government anyway. For example SC took notice of FamilyGate and directed that cases be filed against MR and AI but the government has not done so till now. Another example the CJP took notice of the MediaGate scandal but instructed PEMRA to initiate criminal proceedings.

5) Some of the leading lights of the Lawyer's Movement themselves--Aitzaz Ahsan, Asma Jehangir, and perhaps A.A.Kurd--have distanced themselves from the selective judicial activism of these judges.

Incidentally all PPP beneficiaries? Lawyers movement was not a pillar of the state. They are individuals who can be swayed by their personal motivations and mind you they have earned a lot of disrepute for their actions.

6) Since March 2007 much of the economic losses in Pakistan can be traced to these judges creating chaos in the country. Looks like they are not finished yet.
As I have repeatedly said, I too am sick of this govt's incompetence and want to see the last of them in a LEGAL way. I am planning to vote Imran Khan but, knowing the history of Pakistan, any govt. kicked out too early only leads to more instability and economic losses. And people WILL get tired of Imran Khan before too long...so will we kick him out too and distribute sweets like we have been doing from the time-immemorial?

Are you serious? Economic losses for punishing the culprits? Let there be some chori chakaari as long as it happens without any ruckuss? Forget everything you said before, THIS I didn't expect/hope.

Lol, you are saying as you fired him.

Itnay dino se mohim chala raha hoon, thora (0.1%) credit mujhe bhi de doh.

LOL! I think that is simply the Doctrine of Necessity by a different name!

I'm just not competent enough to suggest a way forward right now - although note my suggestion is to resign to avoid ambiguity.

 

[Hyde]

LOL! I think that is simply the Doctrine of Necessity by a different name!

Doctrine of necessity will not apply here. The supreme court gave its judgement under the constitution and now the parliament will have a power to legitimatise every action taken since last 2 months. Supreme Court did not use the doctrine of necessity while the parliament will protect every action took by the former prime minister.

Remember when some MNA's were suspended couple of months ago after it was claimed that the by-elections were held on old voting list but the parliament authorized those election unanimously to legitimize it. Even the CJ did not raise any question on that

 

[regular]

He shold be sent to Jail for corruption and misshandling the country....just firing him from his post is not sufficient......He gotta payback every penny he used on him and his family ....There sholdn't be any escape for him and his looteraa Toola........

 

[Don Jaguar]

Itnay dino se mohim chala raha hoon, thora (0.1%) credit mujhe bhi de doh

Good decision by supreme court but iftikhar chaudhry is just another corrupt man.

 

[VCheng]

Doctrine of necessity will not apply here. The supreme court gave its judgement under the constitution and now the parliament will have a power to legitimatise every action taken since last 2 months. Supreme Court did not use the doctrine of necessity while the parliament will protect every action took by the former prime minister.

Remember when some MNA's were suspended couple of months ago after it was claimed that the by-elections were held on old voting list but the parliament authorized those election unanimously to make it legitimate. Even the CJ did not raise any question on that

Like Asim said, it is a complex situation, and just like him, I am not an expert on these matters. I will have to wait and see how the situation will evolve and be resolved, if it does.

 

[Awesome]

The agreements signed with foreign countries will not be reversed so easily.. it is important to protect foreign agreements similar to the case of PCO judges when the judiciary was restored and the judgements made by the PCO judges were honoured.

I don't like ambiguity and I prefer to jump 10 extra hoops to lay a matter to rest.

Good decision by supreme court but iftikhar chaudhry is just another corrupt man.

From the facts that are in front of me, I would disagree with that assertion.

 

[Hyde]

The best decision for the SC is to let the parliament legitimize every action of Former Prime Minister taken in last 2 months. Just do it's job by sending another notification to the new prime minister to write a letter to the SC. Keep exposing them until they are de-throned or compelled to write a letter...

 

[Meengla]

@Asim,
Good response but I am not convinced and will stand by what I say.
1) Condoning the 1999 coup was akin to 'high treason'; who can forgive who etc is all subjective. IF those judges--who resigned and resisted the army in 1999--were to condone then I'd understand. Anyway, at the least I can accuse these judges of moral cowardice and quite capable of making wrong decisions.
2) Sharif and other political cases were quite swiftly dismissed. Are they really innocent?! Oh, yeah, they must be. Or could we at least entertain the idea that judiciary CAN be politically tainted? Why not? Pakistan's history is full of it.
3) You have a right to judge Aitzaz et all however you wish but I consider them very honorable and farsighted. I think they know these judges and their political biases quite well.
4) In 2007 there were no wide-spread corruption. So please don't twist my words! That Pakistan and its economy is on a downhill track since March 2007 can be fairly tied to the Musharraf-Judiciary crises.
5) But more importantly: There is NOTHING anyone can do once a few judges decide to 'interpret' the Constitution as they see fit. As I said, they can strike down the Sunday-weekend based upon their 'interpretation' of the 'Islamic' nature of Pakistan's constitution. This slogan of 'Parliament is Supreme' does not apply when 'interpretations' are involved.

I will also add that tactically this was wrong, decision, wrong time! It will only help to increase the economic problem. PPP will keep fielding the PMs and see them dismissed. There are many other crises facing Pakistan, as @Vcheng points out. And so hiding behind 'law is blind' (in case of Pakistan, it is cross-eyed--joking!) does not hold much water.

 

[VCheng]

.......... Keep exposing them until they are de-throned or compelled to write a letter...

So assume the letter is sent. What happens then? If nothing happens, then was it worth all the trouble? If it does reopen cases against Zardari, they can easily be dragged on for years.

I guess, my question is, what is the endgame here?

 

[Hyde]

So assume the letter is sent. What happens then? If nothing happens, then was it worth all the trouble? If it does reopen cases against Zardari, they can easily be dragged on for years.

I guess, my question is, what is the endgame here?

If Gilani had understand the simple thing there wouldn't have been any issues at all... The point is, Supreme Court ordered to do something and the Prime Minister did not obey to supreme court orders... what happens after that is secondary

 

[Don Jaguar]

From the facts that are in front of me, I would disagree with that assertion.

 

[VCheng]

If Gilani had understand the simple thing there wouldn't have been any issues at all... The point is, Supreme Court ordered to do something and the Prime Minister did not obey to supreme court orders... what happens after that is secondary

I guess what you are saying as the answer to my question about the endgame is "to establish the rule of law". Okay, that is a very noble goal, but I can foresee all sorts of problems arising from the selective way it is being forced.

 

[Hyde]

I guess what you are saying as the answer to my question about the endgame is "to establish the rule of law". Okay, that is a very noble goal, but I can foresee all sorts of problems arising from the selective way it is being forced.

Sir, Jis Qom main insaaf nahi hota woh qomain barbaad ho jaati hai. We are finally trying to give justice in the upper level of courts and the politicians are finally fearing from the court of law. They will not be able to do open-corruption anymore if they have a fear of being exposed or prosecuted in the courts.

The courts has written historical chapter in the history of Paistan and now even the Prime Minister is not immune

 

[p(-)0ENiX]

Dawn.com​

19 June 2012​

Premises of Parliament House seen deserted after disqualification of Prime Minister. –ONLINE PHOTO

PPP will announce new premier’s name in 24 hours​

ISLAMABAD: In the aftermath of Yousuf Raza Gilani’s disqualification from the premier’s office by the Supreme Court on Tuesday, President Asif Ali Zardari disregarded the option of early general elections and said that the Pakistan People’s Party (PPP) will announce the name of the new prime minister within 24 hours, DawnNews reported.

The meeting of coalition partners of the government was being held at the President House.

President Zardari has recommended a few names for the premier’s office in front of the members of the meeting, sources said.

The coalition leaders advised Zardari to avoid the conflict with the judiciary and accept the decision of the apex court.

President Zardari told the participants of the meeting that after consultation with the coalition parties, the PPP has accepted the court’s verdict and the name of the new premier will be announced within 24 hours.

**********​

 

[Awesome]

PPP is in power right? Why don't they lodge a case against the CJP?

Why is he quoting Mehmood Sham's book? These receipts must have been filed to the government and the government must have reimbursed them? Bring out the reimbursement financial voucher of his own government and show that. Mehmood Sham's allegations in Upset 2008 have not been backed by anyone.