The much hailed SC verdict regarding the CJ and the Presidential Reference as well as the CJ’s post restoration actions further strengthens the belief that President General Pervez Musharraf’s government has indeed introduced all forms of freedom previously unknown to Pakistan under military or civil rule alike. And no mention is necessary regarding the exponentially improved media freedom; any reasoning eye or ear oriented with the past bears testimony.
However one seriously wonders, has the judiciary and media really been strengthened and freed? Strengthened by and yet ironically against this government yes, but have these fraternities also strengthened themselves and fortified any morals and code of conduct against the greater, older and much graver threats from feudalism, elitism, industrialism, bribery, extremism, nepotism, racism, misinterpreted Shariah, political power play, political influence as well as political influentials and their pressures…!?
Will the judiciary and media comprehensively remain strong against all these social injustices and enemies of law & order…? Or is it all just selective, temporary and hyped up for popular public consumption? They have been able to fight this government which is under attack from every corner due to its moderate handling, so the judiciary and media took part in the royal rumble too, but will the judiciary & media; all judges, lawyers, media personalities and journalists have the character, strength and moral capacity to face, fight and win over all the other curses/obstacles hampering freedom of judiciary, and law & order and social harmony atleast half as boldly if not more…!?
Unfortunately I don’t see a very promising picture because feudals and influentials of all genres are sponsors to a lot more than we can imagine, and when there are vested (often commercial) interests at stake, all slogans for freedom and righteousness evaporate, sooner than expected. And even hypocrisy is justified with rosy reasoning.
Re: Free Judiciary and Media; Reality or Delusion?
but have these fraternities also strengthened themselves and fortified any morals and code of conduct against the greater, older and much graver threats from feudalism, elitism, industrialism, bribery, extremism, nepotism, racism, misinterpreted Shariah, political power play, political influence as well as political influentials and their pressures...!?
Morals and code of conduct will evolve with time when public will get more voice against media itself, when sponsors will start checking on the media, similarly judiciary will be criticised by media and questions will be asked hence help improve judiciary "freedom", things don't happen overnight, freedom to media didn't occur overnight either. Media people are now realizing their freedom and "enjoying" it, not far too long down the road will they realize their responsibility (of being 'accountable' to people).
Re: Free Judiciary and Media; Reality or Delusion?
Morals and code of conduct will evolve with time when public will get more voice against media itself, when sponsors will start checking on the media, similarly judiciary will be criticised by media and questions will be asked hence help improve judiciary "freedom", things don't happen overnight, freedom to media didn't occur overnight either. Media people are now realizing their freedom and "enjoying" it, not far too long down the road will they realize their responsibility (of being 'accountable' to people).
Yeah, judiciary was criticized by Dr Sher Afghan and now he has been served with "tauheen-e-aadalat" notice and can be sent to jail for 6 months. This just tells us how much tolerance judiciary have. If judiciary is free, there should be freedom to criticize the court orders too.
For heaven sake, this "tauheen-e-aadalat" law should be scraped. This was created by GORA sahab so that "BROWN" ppl can not criticize the court orders and rulings.
Re: Free Judiciary and Media; Reality or Delusion?
Yeah, judiciary was criticized by Dr Sher Afghan and now he has been served with "tauheen-e-aadalat" notice and can be sent to jail for 6 months. This just tells us how much tolerance judiciary have. If judiciary is free, there should be freedom to criticize the court orders too.
For heaven sake, this "tauheen-e-aadalat" law should be scraped. This was created by GORA sahab so that "BROWN" ppl can not criticize the court orders and rulings.
I didn't follow the case and don't know what Sher Afgan Niazi said which came under "contempt of court" but court only followed the law, don't you think? If our lawmakers change it then they won't be able to use this law, what do you think?
Re: Free Judiciary and Media; Reality or Delusion?
[quote]
For heaven sake, this "tauheen-e-aadalat" law should be scraped. This was created by GORA sahab so that "BROWN" ppl can not criticize the court orders and rulings.
[/QUOTE]
nonsense. contempt of court laws exist around the world. did american/new zealand/australian/German law makers draft this law in their country because one day BROWN people will land on boats and will criticize court orders?
Re: Free Judiciary and Media; Reality or Delusion?
Yeah, judiciary was criticized by Dr Sher Afghan and now he has been served with "tauheen-e-aadalat" notice and can be sent to jail for 6 months. This just tells us how much tolerance judiciary have. If judiciary is free, there should be freedom to criticize the court orders too.
For heaven sake, this "tauheen-e-aadalat" law should be scraped. This was created by GORA sahab so that "BROWN" ppl can not criticize the court orders and rulings.
Yeah, thats what i was thinking, there's no "Tauheen-e-Hukoomat", "Tauheen-e-Sadarat", "Tauheen-e-Wazarat" or "Tauheen-e-Afwaj" code of conduct, and we have seen how much all the above mentioned have been subjected to wholesale "tauheen" during the past months...why is the adalat diff?
And there too its selective wrath; Munir Malik was pardoned because he said it was a slip of tongue...yeah right, how slippery is his tongue...? i myself heard him more than once on more than one occasion stating he wont accept a verdict against his will. As did his sidekick Ali Ahmed Kurd standing on the SC stairs 2 hrs before the verdict. They were their own, so no ill wind could touch them.
Poor Dr Sher Afgan says he wont accept the SC verdict on Sharif's return, and hell breaks lose.
Re: Free Judiciary and Media; Reality or Delusion?
perhaps. however if you actually look at the definitions of the term “disrespect” for the courts is pretty universal. the difference perhaps is when a court chooses to exercise that law.
The standards may vary, and the issues on which it is exercised may vary too.
Re: Free Judiciary and Media; Reality or Delusion?
If you look at the definition of “contempt of court” that means
“Willful disobedience of a judge’s command or of an official court order.”
and not the criticizing on court’s decision. Of course no sane person can allow the disobeying of court’s order but criticizing the orders should be allowed
Re: Free Judiciary and Media; Reality or Delusion?
I didn't follow the case and don't know what Sher Afgan Niazi said which came under "contempt of court" but court only followed the law, don't you think? If our lawmakers change it then they won't be able to use this law, what do you think?
well ..... then i guess Law give Prime Minister the power to advise the President to send reference against CJ (or any other Judge) right or wrong should be decided by judiciary committee, what do you think ?
Re: Free Judiciary and Media; Reality or Delusion?
perhaps. however if you actually look at the definitions of the term "disrespect" for the courts is pretty universal. the difference perhaps is when a court chooses to exercise that law.
So court has "decided" to exercise the law in case of Sher Afghan and not in case of Munir Malik (who said he will burn the court if decision did not come his way) ...... Isnt the basic idea of insaf is that "Law is same for everyone" ??? dont we criticize the govt for having different standards of laws for different people ?
Re: Free Judiciary and Media; Reality or Delusion?
well ..... then i guess Law give Prime Minister the power to advise the President to send reference against CJ (or any other Judge) right or wrong should be decided by judiciary committee, what do you think ?
yes it should, then it means accountability of judges aleady exists, don't you think?
Re: Free Judiciary and Media; Reality or Delusion?
yes it should, then it means accountability of judges aleady exists, don't you think?
Then don't you think that judiciary wrongfully stopped the proceedings on the reference although it was just he process of accountability of the judiciary? Are they trying to send the message that they are not accountable to anyone?
Re: Free Judiciary and Media; Reality or Delusion?
Depends on which definition you’re following :).
*Contempt of court is the failure to obey a lawful order of a court, disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Typically judges in common law systems have more extensive power to declare someone in contempt than judges in civil law systems.
*
An act of disobedience or disrespect to a judge, which may be punished by a fine or jail sentence.
*
This is a charge that a judge can lay if someone interferes with the work of the court or ignores the rules of court.
* www.owjn.org/info/glossar2.htm
Interfering with the administration of justice or ignoring the rules of the court. Showing unwarranted disrespect for the court, refusing to testify in court or failing to obey an court order are the most common types of contempt of court.
*
Now, this includes definitions from NGOs, american unies and canadian govt organizations, so saying that its just for subjugating browns is completely wrong.
fair point, both should be punished. if both munir malik and afgan were brought to court by a third party the same laws should apply to both. however the court can take suo moto action against whom it wishes, which means it does have the right to choose whom to act against.
for example, the karachi IG cant say to the supreme court theres traffic jams in lahore act against them first.
Re: Free Judiciary and Media; Reality or Delusion?
thus my concern that aside from independence there is a need for it to be unbiased, objective, clean ... and held answerable to someone if it is not.
One of the corp commanders should be assigned responsibility of judging the "judgements", and the crap judgements like re-instating the CJ or allowing NS back in country should be discarded. If corp-commander is not ready to take this job, Pir of London can be assigned for this.
Re: Free Judiciary and Media; Reality or Delusion?
Yeah, judiciary was criticized by Dr Sher Afghan and now he has been served with "tauheen-e-aadalat" notice and can be sent to jail for 6 months. This just tells us how much tolerance judiciary have. If judiciary is free, there should be freedom to criticize the court orders too.
For heaven sake, this "tauheen-e-aadalat" law should be scraped. This was created by GORA sahab so that "BROWN" ppl can not criticize the court orders and rulings.
Dr Sher Aghan Niazi made nowhere near as offensive comments as the CJ's legal counsel Munir Malik. For Munir Malik said people should burn down thw Supreme Court itself if they don't rule in favour of the CJ, yet he get's off after tendering an apology! It seems that the CJ's people can get away with acts of intimidation, brutality, thuggery and even threatening to burn the judges alive, but others are hauled up in court for daring questioning one of the CJ's judgements. If this is the "indpendence" of the judiciary then God help us.
Re: Free Judiciary and Media; Reality or Delusion?
No sou mota moti action on the attacks of lawyer groups on different people. but how can they, abrar ul Haq's lyrics are more important and worthy of Supreme Court time.
Nope, CJ supporters can commit any crime it seems (including the intention to burn the judges), and get away with it, but you can't express an opinion against any of his judgements. Astaghfirullah!
Re: Free Judiciary and Media; Reality or Delusion?
In the US you can go to jail for contempt of court (I think up 30 days max) if you willfully defy judges order. That would be a contempt of court. In Pakistan, however, laws are funny. If you say anything bad about judiciary/judicial decision or an individual judge you can be held in contempt of court, but I guess there is no 1st amendment protection in Pakistan....
ISLAMABAD: A petition was filed with the Supreme Court on Monday, praying for the grant of pardon to Minister for Parliamentary Affairs Dr Sher Afgan for “being insane and mentally imbalanced”.
The Insaaf Welfare Trust chairman and Supreme Court advocate, Dr Aslam Khaki, filed the petition praying to the apex court to constitute a medical board of psychiatrists and psychologists to examine the mental and psychological condition of Afgan.
The Supreme Court had issued on August 25 a contempt of court notice to the minister for using objectionable language against the judiciary during a TV programme and directed him to submit his reply to the court within two weeks.
Dr Aslam Khaki stated in the petition that Afgan had long been known as a non-serious person throughout his political history and had issued many “nonsense” remarks on many occasions, even on the floor of parliament, and that was why he was appointed minister for parliamentary affairs to learn parliamentary manners, which he did not.
He prayed the minister be barred from taking part in any political and government functions and also from appearing in media until cleared by the medical board and also by the apex court.
