Re: Pakistani PM charged with contempt
This SC is hell bent on punishing PPP for reinstating them later than they would've liked. And in the process, they are undermining Judicial freedom, democracy, and everything else that has been achieved in the past few years.
You got that right!
SC should have not touch the one in power... they should only follow orders and issue verdicts against the one govt orders... this will help save lots of time and effort of proving something in the court...
Re: Pakistani PM charged with contempt
This SC is hell bent on punishing PPP for reinstating them later than they would've liked. And in the process, they are undermining Judicial freedom, democracy, and everything else that has been achieved in the past few years.
Hey at least they are giving the PPP a lesson with regard to "Rule of Law".
Re: Pakistani PM charged with contempt
Eventually the final authority lies with the SC to interpret any law in the country. To imply all the 17 judges of Pakistan's highest judiciary are less unintelligent or incapable of understanding the actual lawful position regarding immunity or any other matter is a really an undesirable position. I think our highest judiciary understands the constitution and must have considered thoroughly the relationship between immunity and writing the letter. In any case what ever they decide (good or bad according to your perception) is binding on the executive.. according to the constitution of Pakistan..
The court system in Pakistan has been manipulated many times to fit the laws or to create legal doctrines that do not exist anywhere else in the world. The Doctrine of Necessity is one such examples. In any case, it is matter of ego for CJ & not the law. Otherwise, I'd like to see what statutory/common law precedents that courts decision is based on?
Re: Pakistani PM charged with contempt
The court system in Pakistan has been manipulated many times to fit the laws or to create legal doctrines that do not exist anywhere else in the world. The Doctrine of Necessity is one such examples. In any case, it is matter of ego for CJ & not the law. Otherwise, I'd like to see what statutory/common law precedents that courts decision is based on?
so what you saying that SC should live this case??? please provide some solutions???
Re: Pakistani PM charged with contempt
Court system in Pakistan has been manipulated many times to fit the laws or to create legal doctrines that do not exist anywhere else in the world. The Doctrine of Necessity is one such examples. In any case, it is matter of ego for CJ & not the law. Otherwise, I'd like to see what statutory/common law precedents that courts decision is based on?
You are again indulging in the same fallacy: "Justifying one wrong with another"
If Doctrine of necessity was wrong, you can not make this as an excuse to justify the wrong doing of the government which is indulged in the crime of "defying clear court order".
Re: Pakistani PM charged with contempt
You got that right!
SC should have not touch the one in power... they should only follow orders and issue verdicts against the one govt orders... this will help save lots of time and effort of proving something in the court...
Hey at least they are giving the PPP a lesson with regard to "Rule of Law".
I'm no supporter of PPP or of any other party and my impression is what I describe above. The question which everyone should be asking is what is the urgency to write the damn letter. It has been four years, just wait a few more months and the next government can write the letter and you could avoid a showdown. But no, the azad adliya wants to rule the freaking country through judicial activism.
I've heard that azad adliya has given a verdict in the past setting prices for sugar. Just now, the SC asked what the government is doing to bring back national wealth. What do we have the parliament for if every matter is to be decided by the courts? Some douchebag writes an article and azad adliya deems it necessary to investigate the matter despite there being a parliamentry committee doing exactly that.
Say what you might but SC acts with some urgency when the case is against PPP while in other matters, it either doesn't see fit to act or has a more laid back attitude. They had such an opportunity to fix the judicial system but are too busy fighting with the government while average citizens suffer in lower courts.
Re: Pakistani PM charged with contempt
so what you saying that SC should live this case??? please provide some solutions???
In my opinion, the court has boxed itself in corner and I see no way out. That is why judicial restraint is very important b/c you have understand that court's power is based on the concept of law and prestige of the institution of justice. They don't have raw power (guns/police/army, etc.). So when court issues orders or non-implementable verdicts its udermnes its own powers and prestige. Also, the court must stay above politics so not to be seen as taking sides which is what is going on in this case.
Re: Pakistani PM charged with contempt
In my opinion, the court has boxed itself in corner and I see no way out. That is why judicial restraint is very important b/c you have understand that court's power is based on the concept of law and prestige of the institution of justice. They don't have raw power (guns/police/army, etc.). So when court issues orders or non-implementable verdicts its udermnes its own powers and prestige. Also, the court must stay above politics so not to be seen as taking sides which is what is going on in this case.
This statement is a personal perception. My personal perception is that the court is exercising unnecessary constraint in this matter. My personal perception is that they are giving undue time/leverage to the government.. these leverages are not available to common petty criminals in this country who fill our jails..
Re: Pakistani PM charged with contempt
No Hanibal .i dont have any sympathy for PM.had he delivered something to the nation.i might have felt bad for him...but no i dont feel bad for him...my point was every powerful men in pakistan who has commited crimes ...should b prosecuted...supreme court and federal should hav fair and equal rule of law for everyone...there should be no politics in justice.which is unfortunetly is the case in Pakistan...
Re: Pakistani PM charged with contempt
You are again indulging in the same fallacy: "Justifying one wrong with another"
If Doctrine of necessity was wrong, you can not make this as an excuse to justify the wrong doing of the government which is indulged in the crime of "defying clear court order".
I think there is confusion between court orders and the law. The court order is not a law, and orders must be lawful or it has no legal standing.
Re: Pakistani PM charged with contempt
I think there is confusion between court orders and the law. The court order is not a law, and orders must be lawful or it has no legal standing.
And who will decide the court orders are lawful.. the executive?
Re: Pakistani PM charged with contempt
This statement is a personal perception. My personal perception is that the court is exercising unnecessary constraint in this matter. My personal perception is that they are giving undue time/leverage to the government.. these leverages are not available to common petty criminals in this country who fill our jails..
As for as I know Zardari and Gillani both spent combined 16 years in jail & Zardari was never convicted of anything at all.
Re: Pakistani PM charged with contempt
I'm no supporter of PPP or of any other party and my impression is what I describe above. The question which everyone should be asking is what is the urgency to write the damn letter. It has been four years, just wait a few more months and the next government can write the letter and you could avoid a showdown. But no, the azad adliya wants to rule the freaking country through judicial activism.
I've heard that azad adliya has given a verdict in the past setting prices for sugar. Just now, the SC asked what the government is doing to bring back national wealth. What do we have the parliament for if every matter is to be decided by the courts? Some douchebag writes an article and azad adliya deems it necessary to investigate the matter despite there being a parliamentry committee doing exactly that.
Say what you might but SC acts with some urgency when the case is against PPP while in other matters, it either doesn't see fit to act or has a more laid back attitude. They had such an opportunity to fix the judicial system but are too busy fighting with the government while average citizens suffer in lower courts.
urgency, man it have more than year....
Re: Pakistani PM charged with contempt
And who will decide the court orders are lawful.. the executive?
No, that is why there is statutory law. In this case, what statutory law has govt violated?
Re: Pakistani PM charged with contempt
As for as I know Zardari and Gillani both spent combined 16 years in jail & Zardari was never convicted of anything at all.
then please can i have my USD 60 million back??? i am not saying to put him in jail or something, nor am i asking him for the source of the income/money, just asking him to return the money... is that unlawful act?
Re: Pakistani PM charged with contempt
As for as I know Zardari and Gillani both spent combined 16 years in jail & Zardari was never convicted of anything at all.
1) I am sure if the duo is convicted and a prison verdict is announced against them the served time will be deducted from the total sentence.
2) This served time does not by any means absolve the duo from the financial liability the owe to the people of Pakistan who are claimant to the 60 million dollars which were received as a commission from SGS/Cotecna. There is another 1.8 billion dollars present in Zardari personal accounts in Switzerland for which the people of Pakistan suspect that the money belongs to them. There was a case of possession of assets beyond his means by the people of pakistan against Mr. Zardari. Both these cases were closed due to NRO which was declared void ab-initio by the Supreme Court of Pakistan. The immunity at best could defer the hearing/investigation of these cases for the time Mr. Zardari remains the President.. but complete withdrawal of cases due to NRO does not exactly fall under the preview of immunity..
Re: Pakistani PM charged with contempt
then please can i have my USD 60 million back??? i am not saying to put him in jail or something, nor am i asking him for the source of the income/money, just asking him to return the money... is that unlawful act?
do u know the talking parrot?
he has immunity
he has immunity
he has immunity.
mian mitthu..choori khao gae?
Ans:
he has immunity
he has immunity.
and u can do all u want..the Answer will be the same..
khappay ..khappay..khappay..
Re: Pakistani PM charged with contempt
No, that is why there is statutory law. In this case, what statutory law has govt violated?
I do not understand how statutory laws apply in anyone's personal act of criminality. Mind you here the PM as a person has committed an act of criminality by defying court orders..
Re: Pakistani PM charged with contempt
What happened?
Re: Pakistani PM charged with contempt
1) I am sure if the duo is convicted and a prison verdict is announced against them the served time will be deducted from the total sentence.
2) This served time does not by any means absolve the duo from the financial liability the owe to the people of Pakistan who are claimant to the 60 million dollars which were received as a commission from SGS/Cotecna. There is another 1.8 billion dollars present in Zardari personal accounts in Switzerland for which the people of Pakistan suspect that the money belongs to them. There was a case of possession of assets beyond his means by the people of pakistan against Mr. Zardari. Both these cases were closed due to NRO which was declared void ab-initio by the Supreme Court of Pakistan. The immunity at best could defer the hearing/investigation of these cases for the time Mr. Zardari remains the President.. but complete withdrawal of cases due to NRO does not exactly fall under the preview of immunity..
There is thing called burden of proof & govt of Pakistan has failed to prove anything (btw, I'm not sayting they are innocent). However, we know that GoP, both under NS and Mushrraf, spent millions of rupees hounding them around the world, yet never could prove anything against either BB or Zardari. Also, we know that NS pet judge Malik Qayyum was instructed by him to convict them & conviction was over turned by the SC.