Re: 'Deal done' - Benazir agrees to Musharraf’s re-election in uniform
Here:
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Fantastic x 2
Just imagine, try to convince many that Abdul Rasheed and Abdul Aziz were breaking the laws and thus were criminals, and these people would never accept that. They would stay living in their world of right and wrong, whatever they perceive. Brother, I read your reply with care and I am sorry, I believe that you are living in a world of illusions and misconceptions, and it is impossible to convince someone who is in that situation :)
Since you believe that Chief Justice is Superman and there is no law that he has to follow or that he is not answerable to anyone, that implies that if he wants to he can declare tomorrow that he is Prime Minister of Pakistan and BB is his wife and after that he would be Prime Minister and BB would be his wife. If you want to beleive that way, good luck :)
As far as i know, CJ is just an employee of government as any government servant, and answerable to government (executives) as any government servant. Unfortunately, CJ does not even have any force under his control to resist government (like people in armed forces ... though even generals are suppose to be ... I mean, suppose to be, subordinate of executives, as CJ or any government servant).
You have weird believes that Supreme Court is not a tool of government and can influence constitution or can even stop any changes in constitution regardless of what parliament wants. It seems that you have started dreaming that Chief Justice is King and that Supreme Court rule the nation. Now what can I say?
You have started believing that government employee (Chief Justice) is above government and have right to run the house of government (country, parliament, constitution, etc), is just like saying that my servant is my master. Here again, on paper, military generals are also servant, but because of armed men behind them, they become master (gunda gardi, but still it happens, and sometime for good ;)).
As far as I know, if tomorrow Parliament decides parliamentarians can throw away each and every clause in constitution and can rewrite everything there, from scratch. I believe that your misconception is there, because when President Musharraf took power, he was directed by judiciary that he can not change some basic structure, that he (note: HE) agreed and followed. Else, before that: Ayub Khan, Yahya Khan, Zia-ul-Haq, all three military dictators inherited constitution and they used constitution like it was a useless piece of paper. Fact is that, even now if a military dictator wants to, constitution could do nothing as long as dictator has support or have a hold on military.
Thus constitution is only valid when constitutional assembly is in power and ruling, while military and other institutions are accepting that constitution and aiding executives to rule the country according to that constitution. Nevertheless, if tomorrow parliamentarian decides and have enough majority in assembly, they can bring any change to constitution, even to the basic structure of the constitution … only requirement would be that people accept that and also those that can stop that change by force (mainly military) accept that.
Actually, even military has no right to reject any change to constitution, but if they revolt then there is no way executive can impose that constitution. If military revolt fails (for instance other in military gives support to government), than those that revolted could get executed too. So, their revolt is not legal, but they do it on the strength of their military power. If judiciary revolts, it would be illegal too, and since they have no power, these in judiciary could get sacked or executed easily. That is why judiciary do not revolt, if they do not agree with change, they could resign, as most resigned when new oath was taken from judges after 1999 coup.
If you want to see how powerful Chief Justice is (in practical sense): Just remember that on 9th March, one order from executives and Chief Justice Ch Iftikhar could not even enter Chief Justice Chamber. Same policemen that were suppose to be aiding CJ were holding his head and pushing him in the car (rather according to some, were pulling him from his hair). Now you say that this man (CJ) is actually so powerful that he would order … not policeman … but even Army Chief, Prime Minister, Ministers and others, and they would listen? I do not know what are you trying to say? ;)
Same Chief Justice that was not allowed to work in his position as CJ and many called that illegal action by government … make me laugh, as according to you, legality and illegality was suppose to be whatever this man says, right? :). Just think that a person that cannot even protect his own position (and office), you want me to believe that he is superman? :) According to you, government cannot send CJ home, but they did (on Friday, 9th march).
So, when government could make CJ non-functional with one order, just think, what stops them to do the same to other lower judges (if government really wants to)? If government wanted to, they could have made them all Supreme Court judges non-functional and believe me, nothing would have happened.
If government would have wanted, they would have stopped all media from reporting anything and nothing would have happened. (Actually wait for time when there would be no Musharraf, and then look at what would happen to freedom of media, than you will know what could happen and what could not).
Anyhow, to me, most of your arguments and understanding of laws and constitution seems illogical and incorrect. I stand on each and every word I wrote earlier. If you are not going to accept that, than its fine, because believe me, I am not surprised, as living in world of illusion and keep uttering ‘mai na maanoo’ has become National characteristic in Pakistan. Maybe you must be thinking about me the same (that I am adamant and keep arguing against your understanding and uttering ‘mai na maanoo’, so when there is no argument to argue, where one can stand? No where.
I think that when discussion starts on basis of personal perception without reality or logic and against all senses (especially where no one is in position to enforce anything), than its best to stop such discussion. I realised that I could not convince you whatever the reality … :) Aap khush raho in whatever you want to believe as it seems ‘right or wrong’ does not matter to you … … errrrrrrrr to me … khush? ;)