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SC vs Govt Row: PM can be tried under Article 6 for continued defiance.

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SC warns Gilani over court order defiance

ISLAMABAD - On a day of open defiance, brazen insults and indignities dealt to the Supreme Court by the executive, Chief Justice Iftikhar Mohammed Chaudhry on Tuesday warned that the court would deal with the prime minister for hampering progress in scam cases.
Spearheading a six-member bench, the chief justice further observed: “The Supreme Court orders are being violated by state departments and the government does not seem to be showing seriousness towards court proceedings.”

Legal experts voiced alarm that the country was heading towards a constitutional impasse. Former army chief Gen. Mirza Aslam Beg, wrote an open letter to army chief Gen. Ashfaq Pervez Kayani, to intervene on behalf of the court to ensure implementation of its orders. Several retired leading judges opposed any military take-over but said the civil society and the opposition must build up popular pressure to restore honour and dignity of the court.

The SC took up a number of cases of mega scandals, including Haj scam, Insurance Corporation land sales, embezzlements, appointments and sidelining of independent investigating officials probing these cases. At heart of these cases are two scions the Gilani family and Chaudhrys of Gujrat whose Pakistan Muslim League-Quaid (PML-Q) has provided Gilani government the lifeline for survival by joining the government.

Moonis Elahi, son of former Punjab chief minister and currently senior federal minister in the coalition, Chaudhry Pervez Elahi is under detention on charges of massive graft. The PML-Q joined the government with tacit understanding that his cases would be dissolved. The prime minister is being accused of shifting probe officers to spoil the case.

Ignoring court warning, the prime minister on Tuesday took another precipitate action by sidelining country’s top bureaucrat, establishment secretary Sohail Ahmed making him ‘officer on special duty’ (euphuism for grounding him without work) for implementing a court order. Ahmed, who assumed office only 28 days ago, reinstated a deputy director of the Federal Investigation Agency (FIA) who was spearheading Haj scam in which the premier’s son is also implicated but was removed by Gilani.

The SC also took strong exception to repeated defiance by FIA chief Tehsin Shah for appearance before it. The CJ warned that the court would order his arrest

It is on, major parties have very vocally voiced support for the SC
 
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Prime Minister should be tried under Article-6, says Imran; Senior politicians from Attock join PTI > Pakistan Tehreek-e-Insaf > Insaf News

Islamabad (July 26, 2011)

The PTI Chief was addressing a press conference at the party’s Central Secretariat in Islamabad. During the press conference, senior politicians from Attock and belonging to PPP, PML(N) and PML(Q) announced their joining of PTI.

The PTI Chief said that by repeatedly defying the orders, the government is in open defiance of the Supreme Court. The government’s consistent defiance of the Supreme Court is leading to anarchy in the country. If the orders of the Supreme Court are not implemented, why would other government organizations such as the police respect the judgments of the lower courts. The drift towards anarchy and chaos has to be arrested before it is too late. Criminals are on the rampage in Karachi and the law of the jungle prevails. We cannot and will not sit silently. It is time for the Supreme Court to hold the Prime Minister accountable under Article 6 of the Constitution. He stated that the PTI would defend the independence of the Superior Judiciary at all costs.

The PTI Chief welcomed the new political entrants to the party and said that the doors of PTI are open to all decent and honest politicians irrespective of their past political affiliations. He said soon more senior political leaders would be joining the PTI. He said the Tsunami of change would soon sweep the self serving rulers from power. Pakistan is on the brink of change. And, if the rulers continue to defy the will of the people expressed through their massive participation in the PTI’s "Hakumat Hatao Mulk Bachao" tehreek, the rulers would be swept aside through people’s power.



The PTI Chairman said that the protest demonstrations in Islamabad during the month of Ramadan would prove to be memorable events in forcing the government out of power and the nation should expect a new beginning after Eid.

The leaders that announced joining the PTI are:



1. Malik Sohail Kamrial, Ex-Naib District Nazim, Attock son of Malik Lal Khan of Kamrial – 2 times MNA on PML (N) ticket.

2. Qazi Khalid Mahmud, Ex-Tehsil Nazim (PML-Q), District Attock.

3. Sardar Mohammad Ali – Ex-MPA, PML (Q).

4. Sardar Mumtaz Khan – PP Candidate, PML (N).

5. Ejaz Hussain Bokhari, Ex-MPA, PML (Q) and former Vice Chairman Distt. Council, Attock.

6. Mushtaq Kiani Ex-MPA, PML-Q formal Minister of housing.



Also present on the occasion was Sardar Azhar Tariq Khan, Finance Secretary and Ahmed Qazi, PTI leader from Kamra.

Gillani nahi bachta.
 
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Pakistan News Service - PakTribune

ISLAMABAD: Monday marked one of the worst days ever in the history of the country’s judiciary as the PPP government crossed all limits in humiliating and embarrassing the Supreme Court in a shameful way with the attorney general simply keeping mum on repeated questions of the Chief Justice of Pakistan clearly to disgrace the honour of the bench.

None of the FIA officials appeared in the Court Room No 1 despite being present in the SC building. The court continued to exhibit extraordinary and unlimited restraint. During the hearing of the case Prime Minister Syed Yusuf Raza Gilani became the focal point as it was divulged from different statements and record of the cases that it was only Premier Gilani who was sitting on all the summaries sent to him by the Establishment Division and ministries in compliance with the Supreme Court orders in both the Hajj corruption case and NICL cases.

The prime minister or his members of his are being directly involved in these scandals. In the Hajj scandal, Gilani’s son is alleged to have received big kickbacks but investigations in this regard are yet to be completed and are halted because of transfer of the investigation officer Hussain Asghar by the prime minister himself.

In the NICL scam, the major accused, Khanewal-based Ayaz Khan Niazi, is a close family friend of Premier Gilani and is accused of looting and plundering of the state-owned insurance company in connivance with some top PML-Q leaders who later became coalition partners of Gilani.

According to top government sources, one of the most senior govt leaders is directly dictating other officials to confront the chief justice and the Supreme Court, and two of his confidants are monitoring the execution of this strategy.

One confidant is controlling the legal side and the other the executive side. The confidant controlling the legal side gives briefings to the attorney general and the officials supposed to appear before the apex court, and asks them to act to humiliate the bench to attain the objective of pressuring the apex court to the level that it quits hearing of corruption cases in future.

Even the representatives of the media were stunned over the extremely insulting attitude of the attorney general and federal government officials who continued to humiliate the court throughout the day — from 9:30 am to 2:30 pm.

During the hearing of the NICL case, the chief justice asked the attorney general: “We have asked to produce before us the reaction of the prime minister and secretary interior. Where is that reaction?” In reply, AG Maulvi Anwar-ul-Haq, a former PCO judge, kept standing quietly seeing directly in eyes of the chief justice.


The Chief Justice of Pakistan repeated his question for three times and on all occasions the attorney general continued the same already scripted act by keeping quiet and watching the bench.

“Have you asked someone to give us the reaction for disobeying and non-compliance of our orders,” the chief justice questioned again. This time the attorney general stunned the courtroom by saying: “I have discussed it with somebody.”


The attorney general was clearly admitting that he has not officially conveyed the orders of the apex court to the prime minister and was making mockery of the court by saying that he has merely discussed the court order with someone without divulging the name of the consultee.

DG FIA Tehsin Anwar Shah, against whom the apex court has directed to initiate proceedings for misconduct under E&D Rules 1973 in its July 14 orders, continued to confront the apex court and did not appear before the court.

The Supreme Court started issuing orders to call him in the court but he never showed up. Staff of DG FIA befooled the staff of the Registrar of the Supreme Court till 1:00 pm and finally said that the DG had left for the province of Sindh. When the chief justice questioned the secretary establishment whether he has complied with court orders regarding starting of proceedings against Tehsin Anwar Shah, he replied that he had sent a summary in compliance with Supreme Court orders to the ‘competent authority’, the prime minister.

At one point the chief justice observed that the prime minister is sitting on every summary sent to him in compliance with the Supreme Court orders. The chief justice observed: “The prime minister knows that these are Supreme Court orders but he does not care. We know that the only objective is to let down our orders. We know this.”

It is worth-mentioning here that director legal FIA Azam Khan reached the Supreme Court at 9:00 am but did not appear in the Court Room No 1. It is learnt that Azam was called back by the DG FIA. Monday’s operation to humiliate the Supreme Court was being monitored by a newly inducted senior federal minister. Additional Director General FIA Chaudhry Manzoor once entered the courtroom and also stood before the rostrum but later disappeared mysteriously while the court continued to ask where he had gone.

Justice Ghulam Rabbani, during the hearing of the Hajj corruption case, even said that the government had crossed all limits in violating and ridiculing the court orders. He said the court was doing its constitutional duty and the government is blocking each and every order and bringing the system to a standstill.

He said: “Mr. attorney general, if the government is not willing to obey any of the Supreme Court orders and does not want to let the system run it should be said clearly.” Top lawyers and those present in the court on Monday were of the unanimous opinion that if the government had crossed all limits in confronting and humiliating the Supreme Court, the apex court had also crossed all the limits to show restraint.
 
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Assalam alaikum

This ppp govt. after failing to deliver anything good to the public now wanna be mazloom, dont give them this chance let them have 5 years

TARIQ
 
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dont be so sure, its not going to happen, CJ is quite lenient on government... ,

regarding these Ex joining PTI, how can PTI ensure they are remain loyal to Tehrik-e-Insaf? and that they have a clean or reasonable past ?

Masla is this that I tell you to go arrest the PM, you refuse me, I tell your partner to go arrest you, your partner refuses me, so then what happens?

We all know the example of the former COAS, Karamat was asked to take action against the NS by the SC but he refused to do it too. The CJ should himself walk up to to the PM house and make the arrest :P We can make a great day out of it, with the public behind him and any police officers that man up and follow the Chief Justice's orders.
 
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Assalam alaikum

This ppp govt. after failing to deliver anything good to the public now wanna be mazloom, dont give them this chance let them have 5 years

TARIQ

Arresting the PM does not mean the government is overthrown, the sitting MPs would need to revote and choose another PM.
 
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dont be so sure, its not going to happen, CJ is quite lenient on government... ,

regarding these Ex joining PTI, how can PTI ensure they are remain loyal to Tehrik-e-Insaf? and that they have a clean or reasonable past ?

Yeh toh karna parega. The offer was of truth and reconciliation. If they are being honest - declaring assets, paying taxes, then they have done what was asked of them. Still gunahon ki nauhiyat dekhi jayegi, aisa toh nahi ke Zardari ki truth pe reconcile karjayein.
 
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Masla is this that I tell you to go arrest the PM, you refuse me, I tell your partner to go arrest you, your partner refuses me, so then what happens?

We all know the example of the former COAS, Karamat was asked to take action against the NS by the SC but he refused to do it too. The CJ should himself walk up to to the PM house and make the arrest :P We can make a great day out of it, with the public behind him and any police officers that man up and follow the Chief Justice's orders.

hehe.....

today in high court lawyers distributed pamphlets "Adllia bacha tahrik"(save judiciary movement), just as Imran khan mentioned last day that we will back judiciary and save it if government collided with judiciary.
 
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Yeh toh karna parega. The offer was of truth and reconciliation. If they are being honest - declaring assets, paying taxes, then they have done what was asked of them. Still gunahon ki nauhiyat dekhi jayegi, aisa toh nahi ke Zardari ki truth pe reconcile karjayein.

....:laugh: lets hope so that they have truly realized that honest is the only path forward for our Pakistan...
 
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PML - Noora league is also making a lot of noises in support of the SC. Their support always ends up screwing us over.
 
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the supreme court bar council and other bars have decided to back supreme court, as a result of any misadventure or defiance by the government regarding orders of Supreme court...

I think the government has decided not to obey the orders of the Supreme court...



a potential confrontation is on its way...
 
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They are fighting amongst themselves over egos and money, while the country burns around them. The ship of state continues to sink.

Something must give to change this, and soon.
 
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