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Sc may save nation from further waste

javedm

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The Supreme Court of Pakistan is taking suo moto notices on important issues. It has come to rescue the people. I do not think if one can in words fully describe the kindness of SC in taking the issue of missing persons. The fact is this was actually the primary and basic job of our so-called public representatives or the so called democracy which shamelessly remained silent. Who says public representatives are the voice of people and through such systems eg democracy in regions like ours, local government provides the man on the street direct access to the rule and the man on the street rules etc.

The SC after return of Honourable Chief Justice from “On Leave” has activated itself. But with the speed it is taking up different issues some, including myself, are rightly worried this speedy activism may not at any time produce some undesired affects. For example SC has taken note of traffic jams in Karachi. I think at the end of the day practically there would not be any appreciable concrete outcome. The local city government, Sindh Government, Federal Government, Laws and Rules etc can do nothing in this city to eliminate traffic jams except temporarily for a day or two but only in a few areas to come up again the same. The biggest factor of traffic jams in Karachi is not digging of roads, heavy traffic, narrow roads, old vehicles etc but the main and the biggest factor is psych and mentality of our society in large from whose mind the sense of rule, sense of community feeling, sense of civic duties, sense of morality have almost gone, thanks to our corrupt politicians and bureaucracy.

SC within its limited resources can however deliver much better if it concentrates and takes suo moto notices initially mainly on those matters where public money is being “wasted” under legalized manner. For instant it can take the issue of mad spending on introduction of i-tech in government departments under the so called claim of “efficiency and quicker response to the public” without forgetting that it is the man who operates any technology which matters and not the technology. Under huge expense the i-tech and computerization has been done but practically no worth to the public. The main beneficiary of this technology is the sellers of these equipment who must mostly be “dear ones” and second class of beneficiaries are other “dear ones” getting appointments on high salaries in these newly created sections. Governor of Sindh has established on high cost an On Line Complaint Center never ever to give response. Sindh Home Secretary, Chief Secretary, Local Government Secretary all have on huge expense made departmental web sites but non have contact emails on them which is an invariable part of a web. Most of Government sites are hardly updated. A few years back taking information from post office web site I mailed some letters. The receivers had to pay penalty due to deficient postage. Federal Ombudsman the protector of citizens rights did not agree to award me refund of those penalties paid as to him it was not an act of mal administration. The post office schedule was showing 2 years old postage rates and this was not an act of mal administration our ombudsman? Habib Bank developed on huge expense web site. It had many features like On Line Feed Back, list of all Branches with emails and phone numbers which have now been deleted from the web to keep away the bloody people from filing complaints. Pakistan Post Office with much fan fare few years back introduced internet cafes. For the last 4 years these are closed and computers have gone. Where? God knows better. On huge expense PTCL on installation and more than that on publicity established a Hot Line Central Complaint Cell and an All Pakistan Web Telephone Directory. Last year Hot Complaint Cell was closed. Now 17 Hot Line Telephone directory Enquiry has been shelved. Why such a huge expense was incurred? To afford sale to some sellers and to appoint some dear ones? Where are those costly computers from PTCL Hot Line and Post Office cafes? In Stores? Are these same world class computers or some dead old models lying in stores? Almost all departments have their own web sites but the senior officials have their emails with free Hotmail or Yahoo mail. Mostly contact emails, where if these are given, are in personal names of officer concerned rather than under departmental designation etc. For example PTCL has email as irfan@...... Who is this Irfan? Is he to remain permanent for next 30 to 80 years that PTCL contact will remain irfan@.... SC can investigate where these costly equipment is, why actually money was spent if these facilities were not to remain alive for the purposes these were established from national exchequer.
 
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Judiciary is no doubt one of the most important pillar of the State. However, IMO job of judiciary is to decide cases honestly and impartially based upon the Law of the Land. Law making is the job of the Legislature, in our case, the National and Provincial Assemblies.

Too many Suo Moto actions fall into the category of Judicial Activism. There are already a huge backlog of the cases pending before the Judiciary. Shouldn't the Judiciary make it a point to decide those first??

I may be guilty of contempt of court, but unilateral action by basically a non elected body ( without someone filing a petition ) is not the every day job of a High Court or Supreme Court Justice. Judges were not elected and have no public mandate.

It is like this; CEO of a company has the right to decide on every thing, but if he insists on deciding what colour of toilet paper should be purchased for the staff bath room; will he be doing justice to his work?? Current CJ is today acting like a 'Toilet Paper MD'. This kind of judicial activism can only be bad for Pakistan.
 
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Let's not shout in the thread titles...

However I strongly feel that the judiciary is just a pro-opposition stooge. There was no strong basis to override the NS-GOV deal just because now a lot of time has passed on. People seem to forget what the country was under his rule and how far the situation has come. Sure there are issues affecting Pakistan due to the nature of the global war pockets. But I'm pretty sure if Nawaz was here he would've bended to Mullah pressure and today we'd be fighting a war against America.

It was the Supreme Court of Pakistan that placed Musharraf as the CE and then Okayed his Presidency. It's just a matter of whose stooge is on the bench today.
 
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Norii is zidi bacha he will never do so
 
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The best chief justice ever from Lahore, Saqib Nisar has wons nations hearts, wat a brave and true public interest chief justice he is.
 
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Judiciary is no doubt one of the most important pillar of the State. However, IMO job of judiciary is to decide cases honestly and impartially based upon the Law of the Land. Law making is the job of the Legislature, in our case, the National and Provincial Assemblies.

Too many Suo Moto actions fall into the category of Judicial Activism. There are already a huge backlog of the cases pending before the Judiciary. Shouldn't the Judiciary make it a point to decide those first??

I may be guilty of contempt of court, but unilateral action by basically a non elected body ( without someone filing a petition ) is not the every day job of a High Court or Supreme Court Justice. Judges were not elected and have no public mandate.

It is like this; CEO of a company has the right to decide on every thing, but if he insists on deciding what colour of toilet paper should be purchased for the staff bath room; will he be doing justice to his work?? Current CJ is today acting like a 'Toilet Paper MD'. This kind of judicial activism can only be bad for Pakistan.

With all due respect sir, what mandate are you talking about? The Army, bureaucracy, judiciary all consist of the people who compete and prove their rightful selection through a rigorous process which is open to all Pakistanis and in a way they are more deserving to decide the affairs since their competition constituency comprises the whole country where as a member of the legislative assembly some times comes to the parliament by bagging 2000 votes from places like Baluchistan and they are not even literate, how come an illiterate MNA make laws for every body which include Doctors, engineers, scientists etc.?., YES i would agree to your logic if these so called representatives are doing their jobs properly but it is evident like the daylight that they are all selfish, filthy, corrupt looters. here comes the role of the institutions for the revival and survival of the state. these so called public reps have devastated all institutions excluding Army and present judiciary, therefore, it is the need of the hour that one of these institutions should take charge of the situation and put the state back on track, Army has tried 3,4 times but it is always maligned and tagged as dictators and cannot take over the matters in their hands due to international reaction. this leaves only judiciary to come to the rescue of the nation and CJP is doing exactly what he ought to do. True that there are large number of cases lying pending in the courts and courts also need to revamp their system and increase the number of judges and court benches so that the pending cases are disposed off at earliest but this i hope will happen as soon as the next Govt. take charge of the affairs. though not ideal but in present circumstances, in my humble opinion, CJP is doing exactly what he is required to do for the nation.
 
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With all due respect sir, what mandate are you talking about? The Army, bureaucracy, judiciary all consist of the people who compete and prove their rightful selection through a rigorous process which is open to all Pakistanis and in a way they are more deserving to decide the affairs since their competition constituency comprises the whole country where as a member of the legislative assembly some times comes to the parliament by bagging 2000 votes from places like Baluchistan and they are not even literate, how come an illiterate MNA make laws for every body which include Doctors, engineers, scientists etc.?., YES i would agree to your logic if these so called representatives are doing their jobs properly but it is evident like the daylight that they are all selfish, filthy, corrupt looters. here comes the role of the institutions for the revival and survival of the state. these so called public reps have devastated all institutions excluding Army and present judiciary, therefore, it is the need of the hour that one of these institutions should take charge of the situation and put the state back on track, Army has tried 3,4 times but it is always maligned and tagged as dictators and cannot take over the matters in their hands due to international reaction. this leaves only judiciary to come to the rescue of the nation and CJP is doing exactly what he ought to do. True that there are large number of cases lying pending in the courts and courts also need to revamp their system and increase the number of judges and court benches so that the pending cases are disposed off at earliest but this i hope will happen as soon as the next Govt. take charge of the affairs. though not ideal but in present circumstances, in my humble opinion, CJP is doing exactly what he is required to do for the nation.


Sir,

In no country of the world, it is the job of the CJ to inspect the hospitals. His job is:
“To enforce the law and defend the interests of the country according to the law; to provide leadership in preventing and controlling crime and to punish those guilty of unlawful behaviour and to provide fair and impartial administration of justice to all citizens of the country according to laws of the land and to interpret the constitution".

In a democracy; that is rule by the demos (general public in old Greek); laws of the land, including who is qualified to stand for election; are formulated by the elected representatives. Education qualification requirement was removed by the last parliament hence literacy of an MP is immaterial; you can change the system by selecting only those who are capable. If Chief is to inspect the hospitals, the assembly should make the law accordingly.

Trouble in Pakistan is that everyone tries to grab as much power as he can if he gets the chance. I am not denying that both the PPP & PML-N gov’t has an abysmal record of governance, but the on 25th of July every Pakistani has the opportunity to vote in the gov’t that he likes. If they still elect illiterate MNAs/MP’s it is the fault of the voters. But that does not mean that the Chief Justice should assume the responsibility of the running the administration of the country or of the hospitals.

I maintain that job of the Chief Justice is to hand out justice according to law and to interpret the constitution. Would you ask a surgeon to design a building or an engineer to decide legal cases or a lawyer to perform an operation?

It is one of the major flaws of Democracy that ‘Heads are counted, not weighed’. If you don’t like democracy, then disband the national & provincial assemblies and why bother with the elections at all?

Since CJ was never elected by the nation, how can anyone say that he is doing exactly what the nation wants? You and anyone else is free to believe what he fancies, but rule by any non-elected person or body is certainly not ‘ Democracy’ as it is understood by the world.

By the way, Kritocracy /Kritarchy is a system of rule by the Judges. In ancient Israel, when it was a tribal confederation, there was a time when Israel was ruled by the judges. In present-day Iran “Shura –ye negahban” or the Guardian Council performs the same function. It has 12 non-elected members, consisting of six Islamic jurists (Faqih) and six jurists specializing in different areas of the law. The Guardian Council is higher than the elected assembly.

Since the nation loves the “CJ” so much, why not formalize the matter and adopt the Iranian model?
 
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Sir,

In no country of the world, it is the job of the CJ to inspect the hospitals.
May be he's doing this because he may be admitted in his old age unlike Nawaz and zardari who enjoy the luxury of having treatment of fever in UK :).
 
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