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Gilani disqualified as PM: SC

If NADRA has confirmed that bogus voting brought PPP to power, then why has the SC not moved to annul the results?
Because we had a dysfunctional judiciary back then. Remember NRO? The biggest blunder committed by Musharraf.

After a long struggle, judiciary has gained strength.

Now election period is getting near. So it would be unwise to create chaos at this moment. However, elections might be much more fair this time (under the shadow of CJ Iftikhar) then they happened previously.
 
Because we had a sham judiciary in place. Remember NRO?

After a long struggle, judiciary has gained strength.

Now election period is getting near. So it would be unwise to create chaos at this moment. However, elections might be much more fair this time then they happened previously under the shadow of CJ Iftikhar.

I hope that they are not only fair but also on time.
 
90% population approved NRO through voting for PML N and PPPP

so now tell me who is at fault?
 
from: President Zardari issues ordinance to protect Gilani’s decisions | DAWN.COM

ISLAMABAD: President Asif Zardari on Sunday issued an ordinance to give constitutional protection to the decisions made by former prime minister Yousuf Raza Gilani from April 26 to June 19, DawnNews reported.

According to the ordinance these decisions can not be challenged in any court. The ordinance also stated that any agreements made by Gilani with other countries during the time between April 26 and June 19 would also be given constitutional protection.

The Supreme Court on June 19 disqualified Gilani as the prime minister in its short order of the NA Speaker ruling case.

"According to the ordinance these decisions can not be challenged in any court"?

I am sure the SC will have something to say about that too.
 
There is also going to be some amendment or something that will say that the immunity of president (read Zardari) cannot be challenged in any court or at any place.

Mr. Gillani - you are fired.

watch


Vince McMahon Says "You're Fired!" For 1 Minute - YouTube
 
There is also going to be some amendment or something that will say that the immunity of president (read Zardari) cannot be challenged in any court or at any place.

He sure thinks that he is here to stay long

He better add "The immunity of Asif Ali Zardari and his play boy son cannot be challenged in any court at any place" and register this with ICJ and UN.
 
Pakistan is becoming trollistan..it is funny that that the CJ is blind to all that is happening but focuses on utterly rubbish issues which have no positive impact on citizen lives..he is a real life one eyed dajjal..!
 
Zardari is intentionally creating a political mess so that elections could get postponned and he can jet off to UAE and Uk as a political victim ....

And after 10 years when his son comes back he will be the "Savior" we all have seen that card being played

What needs to happen from my prespective

a) Gilani should be taken to a prison , for disrespecting court decision
b) His assets should be checked for Tax payment
c) He should be thrown in jail I believe he does not pays his taxes

Secondly politicians with duel nationalities should not be able to take part in Politics , voting should be allowed but in order to take part you must throw the other nationality be it British , American etc .. and burn it down
 
What an article or editorial in a Pakistani newspaper. I have learned some time ago that a few rupees into a journalists hands and you can get what you want in into a Pakistani newspaper.

So what are you suggesting? That the PM is above the law? He should not be punished?? Why?


How does this mitigate or is a reason to allow the PM to obey only laws which he and people like you think he should obey.

Sorry to say I have read your posts in the past and now. On one occasion you swore at people on here including me for no valid reason. God knows what you have done to deserve the TT badge. In open competition debating education and or intellect you are well past your sell by date.


According to Hon Aryan_ B, people voting for me to be a TT member were probably idiots and that my intellect and views have passed their ‘Sell by date’. Everyone is entitled to his/her opinion in a democratic society and this includes Hon Aryan_B

As far as my views are concerned, I am not given to knee jerk reactions and many of the things happening today are ‘déjà vu’. I feel that a lot of the TV commentators as well as honourable members of this august forum think from the seat of their pants without analysing pro & cons of the situation with a cool head. My view has always been that we should not shoot ourselves in the foot simply to get even with PPP or the USA.

Judiciary should be ‘Respected’ not ‘Feared’. In my opinion (I could be totally wrong) current Judiciary headed by a very biased CJ is on an ego trip and interfering too much in the job of an executive. They are using ‘Terror’ of contempt of court law to impose their will on an elected assembly as well as gov't officials. This goes against the grain of democracy. Remember that we are not talking personalities here but a question of principle.

I have always admired Ayaz Amir, who despite being a member of PML-N is not afraid to write what he believes in. I am quoting a very poignant article by him which describes exactly how I feel. Rest assured that Ayaz Amir is not among those who write a specific article for a few rupees. Finally I thank honourable Aryan_B for reminding me of my advancing years.

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Out-sized egos, not tanks, threaten democracy

Ayaz Amir
Friday, July 13, 2012 From Print Edition


Army and ISI for once are not to blame. Their hands full of other things, they are not about to move in. It is tough enough handling the United States, Afghanistan and our Taliban wars. Guardians of the holy flame are in no position to handle the wrecking of democracy.

Yet there is a threat to democracy, and let us not close our eyes to it. But it comes from within the confines of the constitutional order. The famous trichotomy of powers is just not working. Those who should be defending democracy are helping undermine it. The old Bonapartism with which we are so familiar has been replaced with something else.

The PPP’s incompetence is a given and let us not waste too much breath on it. But who said democracy guarantees competence? The only thing it guarantees is the chance to roll the dice and change the layout of the gaming table. That chance is ours if we only show a bit of patience and wait for the elections.

Four and a half years of the present order are already over. Why can’t we wait for another six months? This year we have endured the worst loadshedding in living memory. But it has passed and, with luck, the monsoon rains will come, breaking the back of the hot summer and bringing a respite into the air. As all things pass, the next six months too will pass. Let the consolation of Odysseus be our consolation: “Patience, stout heart, thou hast endured much worse than this.”

Let us not shy away from a fundamental truth. Even a Zardari-led democracy is better than no democracy. It is certainly much better than anything gifted by our military saviours, the quartet whose share in ruining Pakistan and bringing it to its present pass is greater than anyone else’s.

A longish caretaker government? That will be the death of us, the last nail in our coffin. The Ayub, Zia and Musharraf regimes – all run by technocrats. When will we learn anything from our history?

Yes, this may be the corruptest government on the planet, Zardari the living incarnation of darkness and evil. All this and more for argument’s sake we can assume. But if we only give democracy a little breathing space, if for the first time since Pakistan’s creation we allow a democratically-elected government to complete its term and hold elections, and await the verdict of the Pakistani electorate – whom we never tire of proclaiming the first sovereign of all – that, and no other shortcut, will be the best way, perhaps the only way, to cleanse the stables and move on.

Corruption is not unique to Pakistan. It adds colour to every political landscape. Gloria Arroyo in the Philippines is being held accountable for her misdeeds after having left the presidency. Nicholas Sarkozy in France is facing judicial charges – after leaving the presidency. Zardari’s Swiss accounts may involve serious corruption but, for God’s sake, they are not Pakistan’s foremost problem at the moment. And even if we get exercised by them there will be time enough for a judicial noose round Zardari’s neck once he no longer enjoys presidential immunity. And let’s not forget, corruption does not begin and end at his door. As we keep saying, everyone in this bathhouse is without his clothes.

One prime ministerial victim is enough of a sacrifice at the altar of the rule of law. A second prime minister going the same way will be a blow that our fragile, always threatened, democracy may not be able to withstand. Do we want that?

The suspicion is hard to throw off: the gladiatorial contest we are watching is compelling theatre but it is less and less about the rule of law and more and more about a course of action dictated by an assumed sense of divine mission. What it is resulting in is not the majesty of the law being affirmed but the pillars of the democratic temple, not very strong to begin with, being shaken. To what end? No one knows.

Cheering from the sidelines and therefore contributing to the maelstrom is a holy trinity comprising (1) the legal community, (2) the more rabid sections of the media and (3) political elements whom it is best not to name too directly.

The legal community has a vested interest in judicial hyper-activity. The new-found power of this community – the uncharitable would say its nuisance value – draws strength from judicial activism. The media jihadis who have been predicting the demise of the democratic order these past four years have their own mysterious axes to grind. No medicine known to ordinary pharmacology is a cure for the self-righteousness which seems to drive them the most. But the political elements blindly backing judicial interventionism are missing the bigger picture. They stand to lose the most if this process goes any further and the political wagons are derailed.

The PPP is on a collision course now with the superior judiciary. If any proof of this were needed it is furnished by the new contempt law. But after four and a half years in the saddle this course best suits the PPP. Anything like a longish care-taker set-up it will welcome, that being an opportunity for it to rise once again from the ashes and cast a cloak of oblivion over the corruption and incompetence associated with the Zardari name. It will be time then for the Bilawal and Assefa generation to emerge from the shadows and step into the light. Justice Chaudhry will have gone. Gen Kayani will have gone (hopefully, that is). The Bhutto-Zardaris will remain. The PPP will remain. If in our context there is one thing impervious to the vicissitudes of time it is the PPP. Call this Zulfikar Ali Bhutto’s enduring contribution to the texture of Pakistani politics.

But for the PML-N if there is an opportunity, it lies in the holding of elections on time. Alter this calculus and it stands to lose the most because its high tide will have passed. Delay thus is fatal but delay is prevented only if the political applecart is not upset.

But threatening to upset the applecart is precisely what the present confrontation does. This should make the PML-N rethink two of its current attitudes: the devotional salutes, the Sieg Heils, to the superior judiciary; and the tendency towards parliamentary rowdyism which at times it takes to be a mark of superior politics.

About the first enough said. About the second point, I doubt if the general opinion is that the party covered itself with much glory the way it reacted in the National Assembly to Gilani’s judicial crucifixion. The jeering and catcalls, and the descent into fisticuffs at budget time, would have impressed very few. The jibe given currency by its opponents about being a ‘friendly opposition’ bred a needless complex in the PML-N. It should not have taken it so much to heart.

Politicians already stand lowered in the public eye. Mindless talk shows and politicians behaving like monkeys have done little to enhance the image of the political class. Self-preservation if nothing else should dictate more responsible behaviour.

With elections soon to be upon us, that is if our luck holds and nothing untoward intervenes, we are now entering serious territory. The time for juvenile posturing is over. The PML-N can come to power, or take a shot at coming to power, only if the present order holds and we are saved from further experimentations in the name of fighting corruption or upholding the rule of law. Any derailment, whatever the justification, will push the country back not ten but twenty years.

So let us keep our good intentions in check. The people of Pakistan should know better than anyone else where good intentions so often lead.

Email: winlust@yahoo.com

Out-sized egos, not tanks, threaten democracy: Islamabad Diary - Ayaz Amir

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While I am of the opinion that CJ & the Supreme Court are guilty of judicial activism in most cases, regret to say that our parliamentarians are equally guilty of making essentially bad laws.

The recent Contempt of court bill is a prime example of 'person specific law' which is inherently mala-fide. Universally, only one person is immune to prosecution while in office; that is head of the State, be it President or the King/Queen. Making all those with executive powers free from prosecution from contempt of court is puerile to say the least. The bill should have been restricted to remarks by the MNA’s while speaking on the floor of the House only but not in any public forum. The law implies that our elected representative are not 'Statesmen' but spoilt brats.

The following article aptly describes my point of view.

Gut reaction...Whose supremacy?

Lubna Jerar Naqvi
Thursday, July 19, 2012


Once again the government and its friends have come up with a great strategy of “legally” absolving themselves from everything that they can ever do wrong. This great feat was achieved when, with dizzying speed, the legislators passed the Contempt of Court Bill, 2012.

This bill sailed through the National Assembly within two hours, to become law after the Senate’s acquiescence (as was equally expected) and its being signed by the president last Thursday (did we doubt this would happen?). The bill exempts senior government officials – including the president, prime minister and their band of merry men/women – from contempt-of-court proceedings from now on. Now which government institution is supreme – the executive, the judiciary or the legislature? We need to be told whose supremacy it is that we need to respect now. Is the president supreme leader of the state of Pakistan? Who is he accountable to? Does the Supreme Court still have the power to instil fear into the hearts of wrongdoers, regardless of their positions? If not, who is?

Legislations like this may be perceived, by idle minds like mine, as a waste of important legislative time when there are other pressing issues at hand. It’s just that I was under the impression – and I am sure many others were too, those who, like me, can’t by-pass utility bills and don’t enjoy exemption from electricity and other utility bills for a service not provided to us – that these exalted beings were already exempt from everything. Since law, morality, character mean little to them, they fear none. However, I better be careful about what I say for I can get into trouble and be liable for contempt/libel or surely something else since I don’t enjoy exemption from contempt.

But why, not too many years ago, did the same people want to free the same judiciary and the same chief justice – if they ultimately wanted to curb the powers of the Supreme Court, the only body which could ultimately hold them accountable?

I also want to ask: weren’t those getting a security blanket from contempt of court already enjoying the perks of the ultra-privileged? Or have I slept through a revolution where the ultra-privileged still want more perks? What happened to the unspoken but strongly obeyed rule that “the president, the prime minister and all the ministers and connected people can do no wrong” that has always been prevalent in Pakistan? Was that rule under some dire threat that this bill was so urgently made into law?

I will not insult your intelligence by replying to this question: we all know where this came from and for what purpose. But, heaven forbid, if those coming under the security blanket of this law ever erred and uttered something contemptuous, they can flash their “Exempt from Jail” card and be spared the botheration of imprisonment. Once again our government has saved the day and deserves a round of applause for so much activity and noise and nothing to show for all this effort without bringing the people of this country closer to the solution of their mundane problems. But we whining Pakistanis have become used to shrugging things off. Therefore, there is nothing wrong; if there were the lawmakers would have been wiser and given their time to more important issues.

Now, the only thing that scares me is: Does the Divine Court still have jurisdiction over these people, or have they moved a bill to make a law which allows them exemption There as well? Alas, we will have to wait for the Day of Judgement to find that out.

The writer is an assistant editor at The News.

Gut reaction...Whose supremacy? - Lubna Jerar Naqvi
 
This CJ is actually trolling whole country. Attorney general must have said during court proceedings that President has immunity from any criminal cases. Even if he hasn't, Do the CJP and the large bench of judges not know about this. Why insist PM to write such a letter and keep sending PM packing one after another. Why insist on Judicial supremacy by too much activism ( record number of suo-motto notices )...? This is very dangerous preceding this CJP is setting. People of Pakistan will surely regret this.
 
Like all complex issues, there is no absolute black & white in this case. Everything is a shade of grey and the intensity depends upon one’s personal point of view. There is no simple answer either.

Regrettably, I am an engineer by profession and not a politician or a legal expert. It is therefore not easy to put my ideas in a concise manner. Therefore I am obliged to use articles written by others that echo my gut feeling about the executive versus judiciary tussle going on in Pakistan. I keep asking myself, is it in the interest of common man or of Pakistan; to repeat Nawaz Sharif’s’ words; it is okay to send even 20 elected Prime Ministers packing if they refuse write the letter to the Swiss?

Another good article about Judiciary.

The judiciary’s ‘overdrive’

Imtiaz Gul
Friday, July 20, 2012

Pakistan is currently aflush with two opinions about the senior judiciary; its supporters hail the current conduct of the court as benchmark-setting but detractors begrudge the Supreme Court’s “activism” vis a vis state functionaries and institutions as “political and selective.” Some dub the government-judiciary stand-off as the result of “oversized egos”, while others call it a legitimate quest for establishing the rule of law in a country, largely run by civilian and military kleptocrats.

An even more alarming argument emanating out of the current ruling elite directed at the Supreme Court practically suggests that it stop its “over-drive” against the PPP and the system. Before dilating on whether it is an overdrive against the PPP, a conspiracy against the system, or a step in the right direction, let us recall what Chief Justice Iftikhar Chaudhry told lawyers on July 12 in Quetta.

“I don’t care of consequences, even if I am fired at, I don’t care. We all believe that only and only through rule of law can this country survive and we are all ready to even give our lives for that.” On another occasion, the CJ declared that “all citizens are equal before the Constitution and the Superior Courts have administered justice based on this very principle.”

This pronouncement essentially resonates in the preamble of the Constitution of Pakistan, which guarantees fundamental human rights including “equality of status and opportunity, equality before law, social and political justice.” Beside the judiciary, public representatives, too, publicly keep repeating these constitutional guarantees to underline their personal commitment to fundamental rights.

If we all believe in the preamble of the constitution – which also reflects the universal declaration of human rights – why then take umbrage at the Supreme Court’s conduct? What is wrong if the SC is attacking a system that is based on privileges and immunities for a few chosen ones?

Given that all this is part of the Constitution but if weighed against the principle of equality of status, these privileges and immunities stand out as discriminatory to the common man and tilted heavily in favour of those elected by the common man. For a person who has been lucky to observe the governance and legal systems of some of the western societies, I have no hesitation in endorsing the Supreme Court’s attempts to set new benchmarks for the rule of law with a view of forcing the ruling elite into respecting it. I personally believe that even if the judges are taken over by an inflated ego and misplaced pride, we must all help them clip the favours that the ruling elite enshrined into the constitution for self-preservation and enrichment.

The system put in place by a miniscule class of kleptocrats is not only violative of the basic spirit of justice and equality but also a socio-politically divisive factor – stratifying citizens into the privileged and the non-privileged ones. The desire to rub off these divisions is a logical consequence of commitment to the rule of law and hence the Supreme Court needs to stay the course.

But this course of conduct also requires caution lest the apex court gets buried under an ever increasing number of public interest litigation; the Court’s annual report covering the period between April 2010 and December 2011, speaks of about 8,220 pending cases at Islamabad. Total pendency at Karachi, Lahore, Peshawar and Quetta registries during the said period stood at 9062. Until May 2012, another 650-plus cases were added to the list of the pending cases (as reported in the monthly Herald). This brings the total pendency to 17,246. The latest addition to this list is a suo motu on the so-called obscene TV shows.

While the Supreme Court’s pro-active moves come across as redeeming for a hapless nation reeling under poor governance and crying for justice in a corrupt judicial system (at the lower court levels), it must guard against the hazards that its activism brings with it; the possibility of crumbling under the pile of litigation without taking crucial public interest cases to their logical end.

The highest courts can ill-afford to stretch themselves into the executive’s domain. Neither can the courts solve all problems. What they can certainly do is to review and redefine the privileges that the public representatives enjoy at the cost of their constituents. This “over-drive” must continue. Only in the rule of law, and abolition of immunities, does this country’s salvation lie.

The writer is the executive director of the independent Centre for Research and Security Studies.
The judiciary
 
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