Justice Khawaja Sharif breaks “formal barriers”

[Murshad]

Few days ago , Chief Justice of Lahore High Court, Justice Khawaja Sharif has broken all the formal barriers. During his speeches at different bars he blasted PPP, unfortunately he became so low that even die hard activists of one arm of lawyers movement have become defensive.

Unfortunately for last few decades judges in elite judiciary have openly aligned with some political parties.
At one time one judge was famous for only hearing cases for one industrialized political family.
Once recorded conversation between govt official and two judges was almost on every news website. Ultimately both have to resigned.

Now after his “thunderbolt” speeches what would happen, would Chief justice Pak supreme court would take action or some other pressure will be built.

 

[sparklingway]

Now after his “thunderbolt” speeches what would happen, would Chief justice Pak supreme court would take action or some other pressure will be built.

A sitting Chief Justice of a High Court can only be prosecuted by the Supreme Judicial Council of which he is a member but would be sidelined for the hearings. The Chief Justice of Pakistan cannot as a singular person initiate hearings or hand him a reprimand. The letter of the law is different from tribal justice systems of firing people as you see fit.

 

[Meengla]

@Sparklingway,
Yes.

I also think that the people like Cyril Almeida, Dawn's editorials, Irfan Hussain of Dawn, and perhaps even Aitzaz Ahsan/Ali Ahmad Kurd--all non-PPP--have noted that the judges have a particular liking to prosecute Zardari while quite willingly sidelining the 'Missing Persons' cases, the cases against the Sharif Brothers, the cases like Mehran Gate Scandal, the questionable judgements of these very PCO judges who now claim the highest moral ground.

If these judges strike down the 18th Constitution Amendment then that would be one of the greatest harm done to Pakistan.

 

[sparklingway]

I also think that the people like Cyril Almeida, Dawn's editorials, Irfan Hussain of Dawn, and perhaps even Aitzaz Ahsan/Ali Ahmad Kurd--all non-PPP--have noted that the judges have a particular liking to prosecute Zardari while quite willingly sidelining the 'Missing Persons' cases, the cases against the Sharif Brothers, the cases like Mehran Gate Scandal, the questionable judgements of these very PCO judges who now claim the highest moral ground.

If these judges strike down the 18th Constitution Amendment then that would be one of the greatest harm done to Pakistan.

Almeida is one of the sanest men out there, there can be no doubt. Pulls of a coherent, sane and rational argument everytime.

The missing persons' case is seeing some interesting developments as well:-
SC summons ISI inspector in missing activist case

As for the Mehran Bank Scandal, who can touch the Khaki overlords? The case would mean convictions for Aslam Beg, Hamid Gul, Asad Durrani and Jehangir Ashraf Qazi besides a dozen or so political entities. Nobody wants to touch such a case.

 

[sparklingway]

Here you go:-

Lawyer sends reference against LHC CJ

July 03, 2010

A lawyer sent a reference for misconduct against Lahore High Court (LHC) Chief Justice Khawaja Muhammad Sharif to President Asif Ali...

LAHORE: Advocate M Zubair Bulqan Rana has sent a reference for misconduct against Lahore High Court (LHC) Chief Justice Khawaja Muhammad Sharif to President Asif Ali Zardari and the Supreme Judicial Council (SJC).

He requested the president to immediately file a reference of misconduct against Justice Sharif to the SJC so that appropriate action could be taken against him for issuing political statements. He also requested the SJC to fulfill its constitutional obligation and initiate action against the CJ.

He filed this reference on the basis of Chief Justice Khawaja Muhammad Sharif’s statement during his address to the Hafizabad district bar association on June 29. The mover stated, “He has reduced the office of chief justice to the level of a trivial political office. He behaves like small-time local politician and has grossly trampled the dignity of the office of chief justice.”

There have been instances in which the CJ made irresponsible statements, he said. However, in his latest statement he “shockingly advises Pakistan Peoples Party to quit the Punjab government” in case it has any reservation about Rana Maqbool, he said.

“A look at the news item would prove beyond doubt that Justice Khawaja Sharif is a politician and spokesman for PML-N and is unworthy of holding a sacred office of a high court judge,” he said. He added that his conduct is unbecoming of a superior court judge.

He said: “I reserve my right to refer to his indiscretions and delinquent behaviour in detail when further proceedings are taken in the reference.”

He stated that he was in the forefront of lawyers’ movement as a result of which Chief Justice of Pakistan Iftikhar Muhammad Chaudhry and other judges, including LHC Chief Justice Khawaja Muhammad Sharif, were restored.

“But, alas, our dreams have totally been shattered and people like me who had to undergo tremendous miseries and pains have ended up realising that our dreams will never be realised,” he contended.

Published in The Express Tribune, July 3rd, 2010.

 

[alibaz]

He should refrain while giving such cheap statements. CJ province is not there is not to defend CJP or any political leader. Judges speak through their decisions not through their tongue or acts.

 

[Murshad]

My dear friend those days are gone when judges used to speak through their decisions. How many we can find in recent past those had spoken through their decisions.

Now some are trying to defend that Khawaja sharif has been “pumped” to burst. Khawaja Sharif’s reputation since day one in LHC has some question marks, both morally and professionally. Now question left for political science student is “what is left for Khawaja Sharif’. Is any moral obligation left for him or not. There would not be any reaction from CJP.

First time in history, judiciary instead of being an instrument of establishment is trying to establish its own “chain of command”. That’s why many judges are now saying openly Iftikar Ch is our leader and all those cases which go to our “lords” are being ignored.

 

[Murshad]

Wednesday, March 17, 2010
By By Mohammad Malick

ISLAMABAD: On Monday, Shahbaz Sharif’s arguably controversial remarks pertaining to the Taliban sparing Punjab provided fodder for animated discussion in the House. On Tuesday, the parliamentary anger mills were fed by another Sharif. This time, no less than the honourable Chief Justice of Lahore High Court, Khwaja Mohammad Sharif.

His remark about “Hindus” giving money and the Muslim militants using it to carry out terrorist activities while hearing a case made the Hindu and other minority parliamentarians cry out an anguished Hi Bhagwan and led to what must be the first ever parliamentary boycott of a sitting chief justice of a high court. We have seen a lot of strange things happen in our exceptionally colourful chequered political history but never before a walkout of such a nature. In a desperate bid to do some instant damage control, a rather unconvincing Syed Khurshid Shah wanted the House to believe that the honourable CJ must have meant to say “Hindustan and not just Hindu”, adding: “It was apparently a slip of tongue.” But Ramesh Laal wasn’t buying and making a speech before his protest walkout said that the honourable chief justice should have talked about a country but not about a religion. On hearing this one of the chaps sitting in the press gallery quipped: “If nothing else, a judge must be able to judge his own words.”

A tad harsh assessment but not altogether without merit. It wasn’t as if Muslim MNAs weren’t in a supporting mood for their minority colleagues. Rasheed Akbar Niwani of the PML-N wanted the judges to “speak through judgements and not otherwise”, while Munawar Talpur apologised to the Hindu MNAs whom he described as “as good a Pakistani as anyone else”.

It is inconceivable that the honourable chief justice would deliberately want to hurt the feelings of the hundreds of thousands of Hindu Pakistanis but still, exceptional care must be exhibited by men of stature, particularly those whose word is literally the law, to avoid strengthening any negative stereotyping of religious and ethnic minority groups in particular..............................................................
……………………………………………………………………………………………………………………………………..


Of moneyed Hindus, Nawab sahib’s deadly post master & next finance minister

Can someone believe that this person is responsible for interpretation of Constitution of Pakistan at the highest level in Punjab.

 

[SSGPA1]

Justice Khuwaja must be sacked by the CJP.

 

[alibaz]

First time in history, judiciary instead of being an instrument of establishment is trying to establish its own “chain of command”. That’s why many judges are now saying openly Iftikar Ch is our leader and all those cases which go to our “lords” are being ignored.

I think they are digging grave for themselves. They lack executive power to implement their decisions. Less army (least interested) all institutions belong to federal government.

 

[sparklingway]

PPP files reference against LHC CJ

July 07, 2010

The Pakistan Peoples Party has sent a reference to the President seeking removal of Lahore High Court Chief Justice Khwaja Muhammad Sharif under Article 209 of the Constitution.

PPP Punjab’s finance secretary Aurangzeb Burki alleged in the reference that the LHC CJ behaves like an activist of a political party. He wrote that Justice Khawaja attends political meetings and makes speeches which has put his impartiality in doubt. Burki noted in his reference that the judge recently issued statements and made speeches which clearly flout Section 4 and 5 of the code of conduct made for the judiciary.

Moreover, he also made remarks about the Hindu community which hurt their sentiments. He said that because of Justice Sharif’s soft stance towards extremists, the national security is at great risk, and his occupancy of the post is against judicial decorum, the Constitution and judicial code of conduct. He urged the President to send the reference to the Supreme Judicial Council (SJC) under Article 209 of the Constitution to disqualify him. He should also be made dysfunctional till such time the reference is adjudicated upon.

Published in The Express Tribune, July 7th, 2010.