Judicial Coup in Pakistan

[Supply&Demand]

Here, our own Katju says:

Pakistani Supreme Court has gone overboard

 

[Hyde]

1 - Breach of Constitution and Obligatory Duty by the speaker National Assembly, Fehmida Mirza, for failing to act upon the constitution and for not forwarding a disqualification case to the CEC against the PM.

There was no contempt of court by the Speaker National Assembly. She was given 30 days to decide about the future of Prime Minister and as per she there was no question of disqualification and her verdict was over-ruled by the Supreme Court. It is similar to the case of High Court judges where they may verdict to hang a person but the judges in the Supreme Court has the right to over-rule the judgement of High Court and set him free. It is not in violation of any law... The speaker just used her powers given to her by the constitution and the Supreme Court decided to over-rule the speaker's decision... that's all

2 - Chairing of political meetings and heading the political party PPP(P) by the President, Zardari which is clearly a breach of constitution which states that the president would be a symbol of the state and not that of a political party.

It is the violation but Bilawal is the Chairman of PPP. Zardari is co-Chairman so he has the reason to escape....

 

[Hyde]

is iftakhar choudhary not a pco judge? When nawaz sharif attecked on supreme court was that not a toheen e adalat? Nro has 8 thousad cases why cj opening only ppp case? On nawaz sharif there are 48 case opening in sc why cj not taking any action on nawaz?

Nawaz cleared his cases from the Supreme Court so I don't think there is any pending case against Nawaz Sharif in the Supreme Court except Asghar Khan case. Chief Justice is not a government and he can only look into the cases already pending in the Supreme Court or take suo moto to take notice of certain issues. He can't open a 'new' case against Nawaz Sharif if no such case is pending in the supreme court. Now NAB should tighten her grip on Nawaz Sharif so they could gather enough evidences to present before the Supreme Court and convict Nawaz Sharif in future

 

[Guvera]

PPP govt asked for this punishment intentionally and they deserved it.

 

[RiazHaq]

The court did not disqualify a Prime Minister but the MNA. Prime Minister was consequently disqualified after losing his seat as MNA. It is nothing ordinary in this case. Fiana Jones for example was disqualified and later restored by the court in UK. Some references were given by the Chief Justice in the disqualification of Former Prime Minister of Pakistan and if you search on Google you will find many more cases. Here is a list of Members of Parliament disqualified for one reason or another and some of them were disqualified by the Election Commission/Courts after they had been elected as member of Parliament.

http://www.parliament.uk/documents/foi/foi-discqualified-MPs-Response-F11-468.pdf

If you search Google you will find it for many countries so just a normal procedure in the world. The court has the right to restore or disqualify any person wherever it deems appropriate. Nobody is above the law. If the MNA kills somebody or found guilty in 'something' is that mean he is free to roam around and cannot be challenged in the court? Nobody is completely immune in the civil societies.

The Supreme Court did in fact remove a sitting prime minister who was democratically elected....an unprecedented action in the history of parliamentary democracy.

Short-sighted opposition leaders and their misguided supporters who are celebrating it should understand that this sets a very dangerous precedent and revives the doctrine of necessity yet again. It's bad for democracy and bad for Pakistan in the long run.

 

[lem34]

The Supreme Court did in fact remove a sitting prime minister who was democratically elected....an unprecedented action in the history of parliamentary democracy.

Short-sighted opposition leaders and their misguided supporters who are celebrating it should understand that this sets a very dangerous precedent and revives the doctrine of necessity yet again. It's bad for democracy and bad for Pakistan in the long run.

It is good that SC is finally working.

 

[Hyde]

The Supreme Court did in fact remove a sitting prime minister who was democratically elected....an unprecedented action in the history of parliamentary democracy.

Short-sighted opposition leaders and their misguided supporters who are celebrating it should understand that this sets a very dangerous precedent and revives the doctrine of necessity yet again. It's bad for democracy and bad for Pakistan in the long run.

Sir the court did not dissolve the parliament. It has only disqualified an MNA who is also the Prime Minister of Pakistan. The Government is allowed to complete it's tenure and everything was done under the constitution of Pakistan and no doctrine of necessity was needed in this case.

Jamhooriyat ko koi nuqsaan nahi pohancha, it has only been strengthened after disqualifying a corrupt leader who ridiculed the highest court for Justice in Pakistan.

 

[lem34]

@ OP

Mate this is pathetic. I have seen you on here blatantly promoting your own website. I sincerely wish you had the intellect and education to match your ego. Most of the views you propagate are pro American and it is common for you to be in opposition with the majority of Pakistanis and what they think is is best for Pakistan. In this regard I invite you to stop crying as Justice has been done.

http://www.defence.pk/forums/national-political-issues/189142-justice-done-stop-crying.html

 

[K-Xeroid]

The Supreme Court did in fact remove a sitting prime minister who was democratically elected....an unprecedented action in the history of parliamentary democracy.

Short-sighted opposition leaders and their misguided supporters who are celebrating it should understand that this sets a very dangerous precedent and revives the doctrine of necessity yet again. It's bad for democracy and bad for Pakistan in the long run.

Where in constitution it is written that an elected prime minister have powers to deny the orders of Supreme court? Wat this democracy have done for Pakistan? its the most murderous era for civilians MOD EDIT

 

[Shardul.....the lion]

Supreme courts in India and Pakistan are in tussle with respective ruling establishments.

And its good for healthy corruption free democracy.

 

[Abu Zolfiqar]

only its some people like Asma Jahangir who are calling this a ''coup''

it wasn't a coup; it was punishing those that don't take action against the corrupt (as well as those who protect the corrupt)


Gilani was just the chamcha; in a weird way i appreciate his ''loyalty'' to his boss -- but this ''loyaltý'' is causing contempt of court. You dont hold Pakistan's Supreme Court in contempt, that is not a good idea for your political career and well-being.

 

[batmannow]

SC did not remove the PM, they followed the course of law as outlined by the constitution according to which convicts cannot hold Government positions for so many years. I believe the SC should also take a suo moto notice of:

1 - Breach of Constitution and Obligatory Duty by the speaker National Assembly, Fehmida Mirza, for failing to act upon the constitution and for not forwarding a disqualification case to the CEC against the PM.
2 - Chairing of political meetings and heading the political party PPP(P) by the President, Zardari which is clearly a breach of constitution which states that the president would be a symbol of the state and not that of a political party.

are we talking about, sharif & insaaf courts!

 

[lem34]

One may ask why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts.

In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence.

Source: http://www.defence.pk/forums/nation...-gone-overboard-says-katju.html#ixzz1yS89bZpg

Yea but we know this Indian Katju is an idiot after all he also said:


http://www.defence.pk/forums/world-affairs/144176-most-indians-very-low-intellect-katju.html

 

[Peaceful Civilian]

is iftakhar choudhary not a pco judge? When nawaz sharif attecked on supreme court was that not a toheen e adalat? Nro has 8 thousad cases why cj opening only ppp case? On nawaz sharif there are 48 case opening in sc why cj not taking any action on nawaz?

Your point is very valid.
Nawaz sharif and his MNA sitting in the parliament attacked on the court.

Why Supreme court fingers are only on PPP?
Why dual role of this Supreme Court??

Anybody please answer me, Is this not contempt of court you see in the above videos??
Or this law only applies on current Prime minister??

 

[RiazHaq]

Sir the court did not dissolve the parliament. It has only disqualified an MNA who is also the Prime Minister of Pakistan. The Government is allowed to complete it's tenure and everything was done under the constitution of Pakistan and no doctrine of necessity was needed in this case.

Jamhooriyat ko koi nuqsaan nahi pohancha, it has only been strengthened after disqualifying a corrupt leader who ridiculed the highest court for Justice in Pakistan.

The prime minister is not just another MNA. He's the leader of the House elected by overwhelming majority of MNAs.

The prime minister as the head of the executive branch is a co-equal of the Chief Justice.

And the legislature repeatedly gave Gilani their vote of confidence even as Judge Chaudhry pursued him relentlessly.

So it is a power struggle involving the judiciary versus executive and legislature.. two other co-equal branches of govt

This is nothing but a coup against the entire system of democratic governance in Pakistan.

And if this coup is hailed, then it opens up windows for other future coups most likely by the military.