Nov 3 actions cannot be undone: Naek

Society Pakistan & World Affairs
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Looks like the reality is sinking in?

Nov 3 actions cannot be undone: Naek

**Nov 3 actions cannot be undone: Naek

**Thursday, August 28, 2008

      *Says Iftikhar's return to create crisis

http://thenews.jang.com.pk/top_story_pics/8-28-2008_16877_l.gif

By Muhammad Ahmad Noorani

ISLAMABAD: The PPP government on Wednesday finally conceded that the Nov 3 unconstitutional steps were validated by the Supreme Court and the National Assembly could not reverse them.

Law Minister Farooq H Naek told the media at the Parliament House that as the apex court had validated the Nov 3 actions of Pervez Musharraf, only the highest court of the country could reverse them and the PPP government could not do anything in this regard.

During the last nine months since the imposition of emergency, the PPP was continuously terming the Nov 3 acts unconstitutional and had stated repeatedly that the PPP government would reverse them through parliament.

Sources in the PPP are sure that their chief Asif Zardari is planning to give an indemnity to Gen (retd) Musharraf’s unconstitutional acts of breaching the Constitution. Naek also stated that with the restoration of the deposed chief justice Iftikhar Muhammad Chaudhry, a constitutional crisis will emerge as the present occupant of the office, Justice Abdul Hameed Dogar, has taken oath under Schedule III of the Constitution and is a constitutional chief justice.

It is worth mentioning that Naek made this stunning statement almost at the same time that the PPP chief was making the statement that all the deposed judges, including Justice Iftikhar Muhammad Chaudhry, would be restored and only one day after the statement of Prime Minister Gilani that Justice Iftikhar Chaudhry was the Imam of judges and would be restored.

Naek for the first time declared that the deposed judges could only be restored if they took a fresh oath. Quoting sources, The News on Aug 7 had reported that eight deposed Sindh High Court (SHC) judges, who were ready to accept reappointment and take fresh oath, had met former president Pervez Musharraf and PPP chief Asif Zardari. The PPP co-chairman had set the condition of taking fresh oath for the reinstatement of the pre-Nov 3 deposed judges.

Sources in the PPP told The News that the conflict over the restoration modalities adopted by the PPP chief through Naek was creating rifts among the top party leadership. A top PPP leader confirmed to this correspondent that the deposed SHC judges took a fresh oath after accepting the notification bearing signatures of the same person who had dismissed them on Nov 3 — Gen (retd) Pervez Musharraf.

The ruling PPP faced an embarrassing situation when despite the statement of the Leader of the House in the Senate Mian Raza Rabbani on Tuesday, the law minister did not make a policy statement on Wednesday.

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Does this mean the EX CJ will not be restored?

Dogar ‘rightful’ chief justice, says Naek -DAWN - Top Stories; August 28, 2008

**Dogar ‘rightful’ chief justice, says Naek

**ISLAMABAD, Aug 27: Law Minister Farooq H. Naek defended the incumbent Chief Justice Abdul Hameed Dogar on Wednesday and said he was the “rightful” Chief Justice of Pakistan and asked how could there be two chief justices in the country at the same time.

“Justice Dogar is a rightful chief justice and we have to think twice before reinstating the deposed chief justice (Iftikhar Mohammad Chaudhry) as it will create a constitutional crisis in the country,” the law minister told reporters outside the Parliament House.

“I am not propagating any minus-one formula (reinstatement of deposed judges except Justice Iftikhar),” the law minister said while trying to explain his statement and invited representative bodies of lawyers, including the Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA), to sit down with the government and come out with a plan to avoid constitutional impasse.

The PPP government, the law minister said, believed in reinstatement of the deposed judges as was evident from the fact that eight judges of the Sindh High Court (SHC) had resumed their duties. The government did not want confrontation with institutions. The minister reminded that the release of deposed judges from detention only became possible on the directives of Prime Minister Syed Yousaf Raza Gilani.

“If they (lawyers) want to resolve the issue of reinstatement of judges then they should come and sit with the government, otherwise they are free to come out on roads to do politics,” he said.

“By leaving the past we should move forward and endeavour to achieve the cherished goals of supremacy of constitution, democracy and the rule of law,” he said.

Claiming to be talking in constitutional terms, the law minister said that Chief Justice Dogar was not a PCO judge, but a judge “in his own right” who had taken oath under the Constitution both when he was appointed judge of the Sindh High Court in April 1995 and when he was elevated to the Supreme Court in April 2000.

Justice Dogar took oath under the Third Schedule of the Constitution when he became the chief justice, a requirement prescribed under Article 270 C of the Constitution which was not part of the 17th Constitution Amendment, he said.

About the proclamation of emergency, the minister said that the federal government was not condoning actions of former president Pervez Musharraf but in the wake of the Supreme Court judgment in the Tikka Iqbal case, validating Nov 3 actions, its hands were tight.

“Until the validation of proclamation of Nov 3 emergency is set aside by revisiting the apex court judgment, it is holding the field, leaving no room for the government but to give de fecto recognition to the verdict,” he added.

Referring to the forthcoming presidential elections, Mr Naek said that although Article 62 of the Constitution (Qualification for the membership of the parliament) applied to candidates aspiring for presidency, Article 63 (Disqualification) did not.

He also defended PPP co-chairperson Asif Ali Zardari and his vision and brushed aside a perception that his leader had gone back on any agreement signed with coalition parties on reinstatement of judges.

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Re: Nov 3 actions cannot be undone: Naek

billiee thalay say baher aa rahee hai.. ( the cat is coming out of the bag)...

bhayee.. the ex CJ also gave some orders invalidating the unconsitutional steps of the unprecedented dictator, the great Musharaf.

So what about the effectiveness of those orders which came before any other orders..

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Looking at the current predicament, we are all grateful to the EX CJ for taking oath on the PCO and validating former president Great Pervez Musharaf's rule which saw Unprecedented Economic Growth. :)

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Re: Nov 3 actions cannot be undone: Naek

lol...Musharraf was also elected by the parliaments...

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Indeed he was. And the coalition government took Oath of office from him, hence the tag of 'dictator' does not stick, and the actions taken on 3rd November are validated and cannot be undone as said by Naek. :)

This is really really silly but talk some sense into me ( rishta scenario)
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Re: Nov 3 actions cannot be undone: Naek

^ Yet everyone calls him a dictator

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Sure, the same rule which brought corrupt crooks like Zardari and Nawaz Sharif back to power ending/reversing the same so-called “unprecedented economic growth” :hehe:

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How can Iftikhar give any orders, as he had no time to give any orders, and all his orders regarding emergency is invalid. Just imagine:

**If Iftikhar gave an order before emergency: **then that order is invalid as his order was against something that did not exist at the time.

There is no law where a judgment can be made before something has happened, or entirely on intention. For instance, Iftikhar could not have given order against emergency or something happening due to emergency before emergency was declared and if he did, that does not have any meaning any legal value.

**If Iftikhar gave order after emergency was declared: **That he could not have given, as once emergency was declared, he ceased to be a judge unless he takes fresh oath on PCO. Since he was no more a sitting judge after emergency was declared, all his judgments and orders are meaningless.

Once emergency was declared, constitution Iftikhar took oath went in abeyance (got suspended), and that means Iftikhar did not had any constitutional right to judge anything or anyone once emergency was declared. In such situation, his judgments are as good as judgment of any person on road.

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Re: Nov 3 actions cannot be undone: Naek

^^ chut bhii meri,, and puut bhii meri haan..

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Well ... I just put the facts. It does not matter how sour are the facts, important is that 'facts are always true and logical' :)

One Dish Party at Khatti's House!!!
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Re: Nov 3 actions cannot be undone: Naek

^ Indeed, mey yahaan sirf Saleem Bhai key facts ke liye atta hoon :)

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Well, situation is this: A person cannot legally shoot someone in self-defence just because the person standing in front has a gun. On the other hand, if the person standing in front decides to shoot him than the person won’t be able to shoot back in self defence, because after shot is fired, the person is dead.:slight_smile:

Similarly: Iftikhar could not have issued any judgment or order against emergency or something resulting from emergency before actual declaration of emergency. On the other hand, once emergency was declared, Iftikhar could not have given any judgment or order against emergency because Iftikhar after emergency cease to exist as judge:halo:

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Re: Nov 3 actions cannot be undone: Naek

The shameful thing is that one lot of thieves (zardari and co) trying to protect the other lot (Mush and his routed PML(Q)). The biggest reality is that the people of Pakistan told Mush what they thought of his unprecedented stupidity on Nov3.

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Ohhhh ... so you are the people of Pakistan, those 6 odd millions who love suicide bombing and voted for Ganja Thug. As for rest 27 millions who voted PML-Q, PPP, MQM, ANP, JUI, etc ... they to you are kera-Makora? :D

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Re: Nov 3 actions cannot be undone: Naek

^ Saleem bhai ab figures ko yaad kar kar key dil ko tassali mat do, ganjey thug ney musharraf ki chutti karwa di hai, those 175 seats from the PML[Q] never materialized :rotfl:

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Before judging anything, read the post of Daleel first. He is cursing all parties that were pro-musharraf and also all parties that are with Zardari. Now in strict terms, he was even cursing Nawaz party (as it was partner of Zardari party) and that means he is lone ranger thinking that he is Pakistani and rest are not. I just took liberty to include Nawaz voters with him, as at present, Nawaz is only party that is out of Zardari camp as well as Musharraf camp. :slight_smile:

Welcome your new CM Muqawwee
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Shame on you for calling all voters of PML-N as suicide bombing lovers. If any party-voters should get the blame for Taliban/AlQaida it should be PPP voters first.

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Musharraf was never elected..! He was always “selected” by a bunch of power-hungry people, who are the worshippers of every newly coming person in uniform.

Rahi baat REferendum ki, to wo ham sab jante hen kitna barra drama tha. :cheegum:

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But where are the “facts” bhayya??? :cb: