38 Superior Judges take oath under PCO

Re: 38 Superior Judges take oath under PCO

The govt is talking to 3 other SC judges - Ch Ijaz, Jamshed Ali and Tasaddaq Hussain Jilani to take a fresh oath under the PCO.

Also, 2 other previously dissenting SC judges - Justice Javed Iqbal and Justice Sardar Raza Khan have contacted the govt to get re-inducted.

So if those 5 are added then 58% of the Supreme Court Judges will also have taken an oath under this PCO.

Re: 38 Superior Judges take oath under PCO

What good is a judge if he/she can’t even grant a simple bail?

http://thenews.jang.com.pk/top_story_detail.asp?Id=11024

No held leader can get bail under PCO

By Rauf Klasra

ISLAMABAD: President General Pervez Musharraf has quietly clipped the powers of the judiciary to grant bail to all those defiant political workers, leaders, lawyers and members of the civil society who were arrested after the imposition of the emergency in the country on November 3 and are now in jail.

Most of the top leaders like Aitzaz Ahsan, Javed Hashmi, Gen (Retd) Hameed Gul and hundreds of others who were arrested during the last three days have been deprived of their basic human rights to approach the courts to seek justice.

Although, protests are being made all over the world over the arrests of lawyers and political leaders in Pakistan, no court can take up their bail cases under the new laws. The oath taken by the judges under the PCO has further made it constitutionally impossible for the judiciary to hear the cases of these leaders and workers. Under the PCO oath administered to these judges after the emergency, every judge has declared that “I (judge) will abide by the provision of proclamation of emergency of November 3, the Provisional Constitutional Order No 1, 2007 and the code of conduct issued by the Supreme Judicial Council.”

When contacted by The News, the Parliamentary Affairs Minister, Dr Sher Afgan Niazi, confirmed that this was true that the judiciary would not be in a position to grant bails to all those who had been detained so far or would be arrested in the days to come after the imposition of emergency.

Dr Niazi rather made a sarcastic remark that it was quite unfortunate that many so-called journalists and educated people of the society had so far not bothered to read the original contents of the proclamation of emergency.

Dr Niazi claimed under these new measures taken by General Musharraf, the judiciary would not be in a position to grant bails even to those who had been arrested under the Maintenance of Public Order (MPO). He said otherwise the MPO was a bailable offence but not any more after the emergency.

Meanwhile, at the time of the proclamation of emergency in the country, General Musharraf had quietly suspended the Articles 9, 10, 15, 16, 17 and 19 and 25. According the suspended article 9, no person shall be deprived of life or liberty in accordance with the law. Likewise, article 10 says (1) no person who is arrested shall be detained in custody without being informed as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

Article 15 says that every citizen shall have the right to remain in and subject to any reasonable restrictions imposed by the law in the public interest and move freely throughout Pakistan to reside and settle in any part.

Article 16 says that every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by the law in the interests of the public order.

Article 17 says that every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of (sovereignty or integrity of Pakistan, public order or morality).

Article 25 says all the citizens shall be not be discriminated on the basis of sex, all citizens are equal before the law and are entitled to equal protection of law, nothing in this article shall prevent the state from making any special protection of women and children. But, now all these rights have been snatched away with the stroke of a pen.

Re: 38 Superior Judges take oath under PCO

Shamraz, i dunno if you heard that the newly appointed CJ of Sindh High Court ordered police to release the previous CJ and police declined. Thats what these new PCO judges count for. They are worthless even in the eyes of people who brought them.

Re: 38 Superior Judges take oath under PCO

I don't know why we even have the court system.

Re: 38 Superior Judges take oath under PCO

Thats true. Better to get rid of this system and there will no judges and no lawyers.

Na ho ga Bans na baje gi Bansury

Re: 38 Superior Judges take oath under PCO

For Pakistanis, fired justice is symbol of defiance

The deposed head of the Supreme Court is seen as one of the few to stand up to a dictator.
By Laura King, Los Angeles Times Staff Writer
November 7, 2007
ISLAMABAD, PAKISTAN – Iftikhar Mohammed Chaudhry is an unlikely folk hero.

The deposed chief justice has a gruff demeanor, a hangdog face, a thick mustache, and is slightly cross-eyed. No one would call him charismatic.

But the 59-year-old has rock-star status in Pakistan, where he has become a prime symbol of defiance of President Pervez Musharraf.

His image adorns posters and T-shirts. Crowds would surround his car, making it difficult for him to move about. Rallies in his support after Musharraf’s first attempt to fire him drew some of the biggest turnouts ever here.

Pakistan has spent about half of its 60-year history under military rule, and in openly challenging a leader with near-absolute authority, Chaudhry has done what few others have dared.

On March 9, when Musharraf summoned him to army headquarters and ordered him to resign, the chief justice refused to go quietly. He stuck to that refusal, even when confronted with a roomful of military men insisting that he quit.

Musharraf then suspended him on misconduct charges that the justice’s supporters said were trumped up.

Chaudhry was a popular figure even before Musharraf first tried to sideline him. As chief justice of the country’s Supreme Court, he had tackled issues that embarrassed the government – human rights cases, so-called honor killings, a lucrative privatization deal involving the prime minister, secret detentions by the intelligence services.

Protests over his suspension, led by the same lawyers who are now at the forefront of demonstrations against emergency rule, started small, but snowballed. Huge crowds turned out when he traveled to cities around the country to address local bar associations

By May, he was considered such a threat to government interests that a pro-Musharraf party physically prevented him from leaving the airport in Karachi, the country’s largest city, where he had flown for an appearance. More than 40 people were killed in street battles that day.

Chaudhry’s legal background was not a glamorous one. Born into a lower-middle-class family in the southwestern city of Quetta, he spent years as a jack-of-all-trades provincial lawyer, taking on whatever case came his way.

But he made his way steadily upward, was appointed as a provincial high court justice in 1990, and ascended to the Supreme Court bench in 2000. He became chief justice in 2005.

In the beginning, he wasn’t a firebrand. During his early tenure on the high court, he went along with the government, voting with the court majority that validated Musharraf’s military coup in 1999 and subsequent appointment as president.

But Chaudhry gradually asserted himself, eventually becoming an intolerable thorn in Musharraf’s side. When the general fired him Saturday night after declaring an emergency, the court was days away from ruling on whether Musharraf’s election as president last month was valid.

Refusing to take a loyalty oath to Musharraf, Chaudhry was confined to his official residence, surrounded by paramilitary troops. Loyalists anxiously awaited word from him.

When it came, the message was defiant.

“I am under arrest now,” he told supporters by telephone. “But soon I will join you in your struggle.”

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Re: 38 Superior Judges take oath under PCO

On the one hand Iftikhar, Bhagwandas, Ramday etc say they had no shame in taking oath on PCO of 2000.

Now they are saying they have no shame if they don't take oath on PCO of 2007 - if offered.

I say they have no shame - period. :)

Re: 38 Superior Judges take oath under PCO

The judges do have shame and principles. The one who has no shame and principles is the one who is holding the whole nation to ransom in order that he can save his kursi. pathetic really. The guy is a moron - Period. :)

Re: 38 Superior Judges take oath under PCO

Only 4 out of 17 SC judges took oath, excellent.

Re: 38 Superior Judges take oath under PCO

45 of the 90 odd Superior Judges (SC and High Courts), including 5 from the Supreme Court have now sworn an oath on the PCO. That's almost 50% of all the judges - showing judiciary is truly a divided bunch of people. :)

Re: 38 Superior Judges take oath under PCO

Two more pre-3rd November High Court Judges have now taken an oath on the PCO + ex-Supreme Court Justice Javed Iqbal has taken up a new federal job offered to him by Musharraf.

So the new figures of Superior Judges taking the PCO (or taking up jobs oferred by Musharraf) are as follows:-

  • ALL of the 5 judges of the Balochistan High Court = 100%.
  • MAJORITY (9 of 13) of the Peshawar High Court judges = 69%.
  • MAJORITY (19 of 31) of the Lahore High Court judges = 61%.
  • 10 (out of 27) judges of the Sindh High Court = 37%.
  • 6 (out of 17) judges of the Supreme Court of Pakistan = 35%

http://www.dawn.com/2007/11/20/nat23.htm
http://www.sindhhighcourt.gov.pk/sitting_judges.shtml

So now a clear majority i.e. 49 out of 93 (53%) Superior Judges have ignored the ex-CJ and sided with the Musharraf Government.

There goes the united stance of the judiciary. :slight_smile: