Tahir ul Qadri demolished by Chief Justice at the Supreme Court Day 1

[Awesome]

I still failed to see the connection... since you have posted the oath.. read it and tell us how does it conflicts with matter in hand.

There can be many possibilities. He bears true allegiance to Canada and her Majesty, something he SWORE on. Thereby it could be possible that a foreign nation has ordered him to take this action on behalf of the Pakistani public. Article 184(3) which he cited in the petition IS a matter of public importance.

Dual nationals are the people who are sitting in public institutions and spending state money, making policies, amending laws and issuing rulings.

They have either been removed or in the process of being removed by this same SC. Don't you remember the case of removing 11 parliamentarians? Don't you remember Rehman Malik quitting his dual nationality?

The court did its job by identifying these people to be removed. Rehman Malik quit his dual nationality in order to stay compliant
Why officials are exempted from this conflict? as their job is dealing and handling public interest!

I was refering to the statement of a Canadian flag member... i do read what you posted. Clearly one is wrong here.

Usko Canadian authorities poocheingi... Bhai sahab aapki Oath main yeh kyun nahi tha

There is clearly mention but that doesn't make someone being a dual national as not loyal to Pakistan, same as someone cannot declare another muslim as kafir.

My personal reasoning is a simple one. You CAN be a dual national and be loyal to both countries most of the times, just as you can be a CEO of two companies.

However when a conflict of interest arises, when a question of of loyalty arises, when the two companies of the CEO become rivals... At that point, you must choose one and quit the other.

How does CJ operate under the British India Judicial system being implement by Pakistan.

Here is straight from supreme court of Pakistan's website:

On independence, the Government of India Act 1935 was retained as a provisional Constitution. As a consequence, the legal and judicial system of the British period continued, of course, with due adaptations and modifications, where necessary, to suit the requirements of the new Republic. This way, neither any vacuum occurred nor any break resulted in the continued operation of the legal system. The judicial structure remained the same.

These laws were duly accepted by the constituent assembly of Pakistan and formalized in the constitution to which supreme court is bound to.

 

[Awesome]

Once again I am reiterating the use of civil and professional language while critiquing the honorable judges of Pakistan or when disagreeing with their judgments. Use of foul language is against the rules of this forum and use of it against the honorable judges is a criminal offence.

 

[Leader]

i give you what you asked and now you came with pathetic allegation? How about now you prove what you claim?

Every one knows CJ is in bed with Gillani and Zardari. They regualrly visit each other and discuss the policies to keep control.

Why do you think.. worst govt. is completing its 5 years? with open corruption no one is arrested?
NRO expired by every one is free? Why do you think provinces are being divided? Why do you think lolypop of NFC awards was never challenged? Why do you think Tsunami receded before starting and most of above... why N.Sharif is saying that i'm leader of opposition and i have no objection to EC? and IK also shows confidence on same commission formed by Zardari!

Public will never know it... Malik Riaz opened this secret and today he has to pay fine of 200 kanal house to the ruling mafia.

Look I respect that you brought up a name, atleast you were not making up. but how credible he is? not to me at all... I know him very well and his history since Ayub times... he earned his respect in A.Q. Khan's case otherwise he is not any credible person...

secondly, the judicial activism is not the answer to our problems, its us the Awam who needs to kick out and bring better people to power... we dont have a level playing field the opponents have chosen the battle field, they have advantage, lets play with passion and win !! cannot derail the system at this point of transition....

if elections would go discredit like in 77. it would automatically wont be accepted to the people...and you will get what you wish for !!

According to law any one who bad mouth army shall be hanged as traitor.

Applying constitution to target others ? I hate PTI because it is controlled by hindu agents.

that is not true.. criticism is possible, accountability is right if this is bad mouthing wallah then !!

 

[Argus Panoptes]

That's why I said read the short order, the CJP categorically said that the right to vote would remain unaffected. Thereby making this decision specific to matters of public importance.

Here is the text of the short order:

IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

PRESENT:
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ
Mr. Justice Gulzar Ahmed
Mr. Justice Sh. Azmat Saeed

Constitution Petition No.05 of 2013
(Challenging the constitution of Election
Commission of Pakistan)

Dr. Muhammad Tahir-ul-Qadri
….Petitioner

Versus

The Federation of Pakistan,
thr. Secretary M/O Law, Islamabad & others
Respondent

Petitioner: In person
On Court Notice &
For the Federation: (R-1&3) Mr. Irfan Qadir, A. G. for Pakistan
For Election Commission: Mr. Muhammad Munir Peracha, Sr. ASC
Mr. Mehmood A. Sheikh
Mr. Abdul Rehman, Addl.DG. Legal
For Parliamentary Committee: Mr. Muhammad Latif Qureshi,
Joint Secy. National Assembly

Dates of hearing: 11 to 13.02.2013

ORDER

Iftikhar Muhammad Chaudhry, CJ.— For reasons to be
recorded later it is held that petitioner, Dr. Muhammad Tahir-ul-Qadri
has failed to make out a case for exercising the discretionary
jurisdiction by this Court under Article 184(3) of the Constitution of the
Islamic Republic of Pakistan, for the facts that violation of any of the
Fundamental Rights under Chapter 1 of Part II of the Constitution has
neither been listed in the petition nor established during course of
arguments, despite of insistence by the Bench to do so. The petitioner
has also failed to prove his bona fides in view of the facts, which have
been noticed at the hearing of the case, to invoke the jurisdiction of
this Court coupled with the fact that under the peculiar circumstances
he has no locus standi to claim relief as it has been prayed for in the
petition, inter alia, for the reasons that being a holder of dual
citizenship, he is not qualified (disqualified) to contest the election to
the Parliament in view of the constitutional bar under Article 63(1)(c)
of the Constitution, which has been interpreted by this Court in the
case of Syed Mehmood Akhtar Naqvi v. Federation of Pakistan (PLD
2012 SC 1089).

2. However, it is loudly and clearly observed that as a voter
like other overseas Pakistanis, whose names have been incorporated in
the Electoral Rolls, he can exercise his right of vote as this right is
recognized under the Constitution and has also been held by this Court
in the case of Yasmin Khan v. Election Commission of Pakistan (1994
SCMR 113), which was finally disposed of vide judgment in
Constitution Petition 26/1993 dated 18.12.1993. Thus, the petition is
dismissed.

3. Before parting with the short order, it is essential to note
that at the time of concluding his arguments on the points noted
hereinabove, he started making uncalled for aspersions against the
member of the Bench, which are tantamount prima facie to undermine
its authority calling for action against him for Contempt of Court under
Article 204(3) of the Constitution read with section 3 of the Contempt
of Court Ordinance, 2003. However we, while exercising restraint,
have decided not to proceed against him following the principle that
such jurisdiction has to be exercised sparingly on case to case basis.

Chief Justice
Judge
Judge
Islamabad, the
13th February, 2013

( http://www.supremecourt.gov.pk/web/user_files/File/Const.P.5of2013-dt-13-2-2013.pdf )

The short order only says that the petition was dismissed because TuQ (a) failed to establish that his fundamental rights were violated, (b) failed to prove his bona fides to invoke the jurisdiction of this Court, and (c) has no locus standi to claim relief as a holder of dual citizenship, since he is not qualified to contest elections, all "For reasons to be recorded later".

While Article 2 of the short order clearly states the TuQ does has the right to vote, what I want to know are the legal bases upon which the CJ can prove that (a) the rights of any voter are not violated if the Election Commission is not legally constituted, (b) all citizens of Pakistan, dual or not, cannot invoke the jurisdiction of the court, and (c) only those eligible to stand in elections have the right to challenge the constitutionality of the ECP.

Once the "reasons to be recorded later" are made evident by the Supreme Court, we can discuss further.

 

[batmannow]

Once again I am reiterating the use of civil and professional language while critiquing the honorable judges of Pakistan or when disagreeing with their judgments. Use of foul language is against the rules of this forum and use of it against the honorable judges is a criminal offence.

(c) has no locus standi to claim relief as a holder of dual citizenship, since he is not qualified to contest elections, all "For reasons to be recorded later".

plz tell him, if you can to give back all the awards he has recived from foreign countries & organization?

is PDF is running on pakistani constitution?
by the defenation of CJ how can you make those foreign nationals your think tanks, or mods?cause they cant even vote in pakistan?
& why you think Use of foul language is only against the cjp is against the rules of this forum and a criminal offence & the only hounrable ones are judges, what about PM, president, or governers, or CMs of pakistan? they arent hounrable yet? & why they hve been dashed by everyone 24/7 these days on PDF even by foreigners?
i think hounr should be for all, & we shouldnt decide & protect the ones we follow politicly, & as whole we should avoide duoble standrrds?
your thoughts would be appericiated,
thanks

 

[Green Bullet]

If these judges are in cohorts with the blood sucking leaches who are draining the life out of Pakistan...then bring in the Army.

 

[Fracker]

Establishment is playing stupid now. First they chosen wrong person to carry the agenda now, When it failed now it's becoming foolish. Things Politically can't be more worst as they are now.

 

[Islam Defence]

That's the overconfidence - it's the supreme court not a gathering of D-square you can lead astray by oration. He was literally scorned by the judges.

Anyway, he lacks a genuine locus standi, I hope his petition is rejected for further hearings..

Peer sb apney liye Insaaf ka wawella kar raha hey, magar jis Awaam key naam pey Inqilab ka Dhandora peet raha hey, iss Awaam, Hamsayon sey isska Insaaf bhi dekhyee.

Kya Insaaf sirf Tahir ul Qadri sb ko hi Milna chahiye.?

http://mqicdn.islamicresearcher.org/images-db1/gyarveen-sharif-090408_14.jpg