Supreme Court upholds establishment of military courts

[VCheng]

Hi,

BUt i don't remember The formal declaration of war were announced with our with India.

They were declared as specified by the laws in force at the time.

 

[salarsikander]

They were declared as specified by the laws in force at the time.

Hi,

No, sir not that i remember of, Unless you can share it, as you did with the post #73

Sir, can you do me a favour could you also share the link or the whole document of post #73 please

 

[VCheng]

Hi,

No, sir not that i remember of, Unless you can share it, as you did with the post #73

Sir, can you do me a favour could you also share the link or the whole document of post #73 please

There is a thing called Googles on the InterWebz tubes, I hear.

 

[salarsikander]

There is a thing called Googles on the InterWebz tubes, I hear.

Hi,

For the first part of my post i haven't got your answer.

The second part of your answer which was more a request. Honestly i tried but could find the specific page you mentioned.

Thats why i requested you to share its link or pdf file

 

[VCheng]

Hi,

For the first part of my post i haven't got your answer.

The second part of your answer which was more a request. Honestly i tried but could find the specific page you mentioned.

Thats why i requested you to share its link or pdf file

Here you go Sir:

The Constitution of Pakistan

 

[salarsikander]

Here you go Sir:

The Constitution of Pakistan

Hi,

That has saved me tons of effort.

Thank you very much.

On side note, I am pretty sure those wars with India were never formally declared, but I will try to dig out my findings and present them.

Once again thank you very much for the link

 

[Jango]

ANother thing to note which Fawad Ch noted on ARY is that, the SC has sort of rubbished Objectives Resolution.

They have said that the Objectives Resolution doesn't control the constitution or the law.

Now I don't have the legal sense or time to read the whole judgement, but this is pretty important.

I think once people fully read the judgement and grasp it, some things will come forward and this judgement will prove to be pretty important in the future.

 

[Gufi]

Objectives Resolution.

explain please

 

[shahzadaf]

Finally a step in the right direction. Now hang the bastards.

 

[Jango]

explain please

Watch this for brief intro:

And now:

From Page 46 onwards...

http://www.supremecourt.gov.pk/web/user_files/File/Const.P.12of2010.pdf

Another thing which I noted from today's talk shows is that this dispels the notion that the military courts will run riot and get anyone willy nilly.

First there is an apex committee, and then after the case is in military courts, High Court and Supreme Court can review it on the basis of jurisdiction, i.e whether the case is admissible in a military court or not.

So this rules out the fear of some ultra liberals that har ayera ghaira nathu gaira will be in front of JAG Branch. There will only be hardcore terrorists.

Again, sensibly done by the Supreme Court. Never thought I'd say that in favor of the court!

The attitude of lawyers is also very disappointing, but that's what you'd expect.

Statements like "Adliya Azad nhn hai" and the sort are plain nonsense if you ask me.

 

[VCheng]

From Page 46 onwards...

http://www.supremecourt.gov.pk/web/user_files/File/Const.P.12of2010.pdf

This exceprt is potentially very important:

Taking up the argument based on the Objectives Resolution,
the Court held that:
―Therefore, in my view, however solemn or
sacrosanct & document, if it is not incorporated
in the Constitution or does not form a part
thereof it cannot control the Constitution. At any
rate, the Courts created under the Constitution will
not have the power to declare any Provision of the
constitution itself as being in violation of such a
document. If in fact that document contains the
expression of the will of the vast majority of the
people, then the remedy for correcting such a
violation will lie with the people and not with the
judiciary. It follows from this that under our own
system too the Objectives Resolution of 1949, even
though it is a document which has been generally
accepted and has never been repealed or
renounced, will not have the same status or
authority as the Constitution itself until it is
incorporated within it or made part of it. If it
appears only as a preamble to the Constitution,
then it will serve the same purpose as any other
preamble serves, namely, that in the case of any
doubt as to the intent of the law-maker, it may be
looked at to ascertain the true intent, but it cannot
control the substantive provisions thereof...‖

The Objectives Resolution was later made substantive part of
the Constitution through Article 2A yet in Hakim Khan (supra)
and Kaneez Fatima (supra) it was held that even then the
Courts cannot strike down any provision of the Constitution on
the touch stone of Objectives Resolution.

 

[Jango]

This exceprt is potentially very important:

Indeed.

This clears up a lot of things and sort of makes it useless in effect.

 

[VCheng]

Indeed.

This clears up a lot of things and sort of makes it useless in effect.

I have long pointed here on PDF out the adverse effects of the Objectives Resolution on Pakistan, and it would be heartening to to see the Supreme Court take steps to eliminate this shackle from the legal system. Finally. However, there is still a long process that will need to be followed to achieve this important goal.

 

[Adecypher]

What a royal slap at Asma's ugly face.

And on Hamid Mir and Dr. Pervez Hoodbhoy.

 

[saiyan0321]

The order is a huge one so obviously its going to be a historical decision.. Fawad chaudhry made some very fine points and one of then was that only jet black terrorists will be allowed to be tried under court and by jet black it means pure destructive terrorists like ttp members who have slaughtered people. He also mentioned that the appeal to the high court or supreme court won't be made on the basis of evidence but on the basis of whether their deeds are sark enough to be tried under military courts... Of course I won't know until I read the entire document and I believe we all should read it to get better understanding of the ruling since its not just based on military courts...

The ruling also saw the court clear cut say that parliament is supreme and courts are under it putting an end to a tussle between parliament and courts for superiority over each other which was ignited by Iftikhar chaudhry....

Kurd was not making a single sensible point in that show.