Pakistan's top judge is suspended (Merged)

Re: Pakistan's top judge is suspended

Musharraf's conduct has been correct. He has not fired the Chief Justice. He has suspended him pending an inquiry. This is the fairest thing to do. The Chief Justice now has a chance to prove his innocence against the allegation. All the people sticking up for the CHief Justice are sticking up for corruption.

Re: Pakistan's top judge is suspended

Mr.Roadrunner...according to you..members of cabinet come from sky ..for your kind information they are also elected people !!!!

Re: Pakistan's top judge is suspended

why the **** are you editing my post?and not doing anything to his post when hes the one starting the insult?

Re: Pakistan's top judge is suspended

Avoiding the issue again. I am not supporting the CJ, I am questioning the way Musharraf incorrectly handled the issue. You haven't answered the question, why does he not apply the same criteria to the rest of hsi cabinet which he has applied to CJ. Or is there more to it than meets the eye?

Re: Pakistan's top judge is suspended

Roadrunner, Governor is not elected, he is appointed by the President.

Re: Pakistan's top judge is suspended

Can everyone please stop personal attacks.

Re: Pakistan's top judge is suspended

Icon- Everybody knows this, but as u can see from his posts, he is just a little boy who doesn't know what he's talking about

Re: Pakistan's top judge is suspended

This would not have happened under BB or Nawaz Sharif govt. Under them the judiciary was fair and independent.

Re: Pakistan's top judge is suspended

Don't worry, that's the internet for ya!

Re: Pakistan's top judge is suspended

I do not understand that how people could not understand simple things and how they argue on something claiming that it happened when that has not happened. Is it not funny? :D

Surprisingly looking at News in media, same is happening. People like Ayaz Amir, many prominent journalists, experts, and even many news readers are doing same mistake. Legal experts that go by the exact meaning of words in law are also twisting the meaning of words to form their opinion. I believe that is why a third world country is called a third world country and people living there are as they are.

First of all, CJ is NOT sacked, removed, or dismissed. He is SUSPENDED and suspended does not mean sacked, removed, or dismissed.

According to constitution, the dismissal of the CJ can happen after the enquiry by Supreme judicial council and not before, and that is what MAY happen or MAY NOT happen, as enquiry is going on and has not even finished yet. If CJ was sacked, removed, or dismissed then there would have been no need for enquiry or hearing of CJ by SJC, as he is already gone.

Mr Anees Jilani article posted by ‘Prince Abbas’ is also doing the same thing, that is at one place saying that constitution does not allow President to dismiss CJ **(without recomendation by SJC) and that he has done wrong (what wrong? when President has not dismissed CJ?) but Jilani is NOT SAYING that constitution is silent regarding suspension because, if he would have used the word suspension, then he could not have backed what he wants to say, that President has violated the constitution (as President has not). **

If President Musharraf would have dismissed Chief Justice then certainly he would have violated the constitution BUT President has not dismissed CJ, he has just suspended CJ and that is NOT violation of the constitution. I wonder if Mr Anees Jilani knows English? Because, if he knew English, he could not have wrote what he did, that is to write something because Mr Jilani is mixed up with the meaning of suspension and dismissal.

I could not understand that why it is not registering in people mind that DISMISSAL (sacking, removing) and suspension (making someone to temporary stop working) is two different things?

Another thing that I could not understand is that, how come some are mixing the case of cabinet minister corruption (or misconduct) with corruption (or misconduct) of CJ?** Cabinet ministers and CJ are two different categories of government functionaries. One comes from elected body and other is appointed body. President does not have constitutional right to dismiss a cabinet minister. (Army may do that if they decide to go for another coup).**

*As for those that are comparing the suspension of CJ with suspension or dismissal of cabinet ministers, why they do not back up their comparison by bringing similar clause from constitution (article 209 clause 5 and clause 6) showing that President can dismiss a cabinet minister too, to back their desire. *

Well, President can dismiss parliament with the advice of Prime minister as he can dismiss the CJ with the advice of SJC, that’s all.

I know that what I wrote would not register with many people here and they would still keep shouting that suspension and dismissal means same, but that is the paradox of discussing with people that would never understand simple things. :D

Actually, this paradox is true about Pakistan, Pakistani journalism, and way people in Pakistan thinks, since long time. It is a country where crore (equal to 10 million) becomes million and sometime billion and where suspension is translated as dismissal :)

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Re: Pakistan's top judge is suspended

Does suspended also mean putting people under house arrest and harassing their family?

Re: Pakistan's top judge is suspended

Saleem sahib reading your answer means that everyone who criticises Musharraf is wrong. There is only one intelligent and right person in Pakistan and that is Musharraf, the rest of the 150 million people are just morons.

Re: Pakistan's top judge is suspended

Ehsan Bhai, I never said that do do not misread me. I am saying what I observe and I am only calling spade a spade.

Musharraf is just a person in power, he could go wrong anytime. But as long as I feel that what he is doing is right, I have to call that right (or keep quite). When I would see (according to my understanding) that he is wrong or that any one would be able to convince me (with intelligent argument) that he is doing wrong, I would accept that too.

Re: Pakistan's top judge is suspended

Saleem, you have very long posts, so may be I missed it. But why is CJ in virtual house arrest?

Re: Pakistan's top judge is suspended

If that is happening then it is wrong.

But again, government side is saying that it is not happening and opposition (and some very unreliable in Pakistan media) is saying that it is happening. If it is happening then goverment should justify that.

I am not there to confirm anything. Going by the records, I can say that opposition is very unreliable in Pakistan, so I have doubt. But again, even if I believe that what you mentioned is happening, I could not comment on that, because if that is true it is wrong but without verification, I am not in position to say that with certainty.

Re: Pakistan’s top judge is suspended

Musharraf wanted the CJ to resign to avoid being investigated by the SJC…

Let’s dispense with legal niceties and get to the political gist of the matter. In the year of his re-election, after a general election that the opposition is convinced won’t be fair, President General Pervez Musharraf has chosen to call the chief justice of the Supreme Court of Pakistan, Justice Iftikhar Muhammad Chaudhry, to his military ‘camp’ headquarters and fire him. He wanted the chief justice to resign to avoid being investigated by the Supreme Judicial Council (SJC) for alleged “misconduct and misuse of authority” but the chief justice refused, whereupon the president, under the relevant article of the Constitution, issued a ‘reference’ to the SJC which took no time in ‘suspending’ Mr Chaudhry and asking him to face an inquiry on March 13. Of course, it is a legal curiosity whether the acting chief justice was sworn in before the SJC had announced the CJP’s suspension!

Re: Naeem Bokhari suspended by Punjab Bar Council

This is exactly of what I have been saying. Our superior judiciary - or rather some amongst them - are the real dictators. Instead of investigating Naeem Bokhari's allegations, they kick the man out!

Re: Pakistan's top judge is suspended

Saleem, if CJ is ONLY suspended then why is his introduction missing from government websites?

Re: Pakistan's top judge is suspended

Shawaiz_K:

Bhai, aqal say kaam lo. If President who is also army chief, decides to bring martial law again, who would stop him? YOU or Chief Justice? Did army asked CJ when they threw a very strong Nawaz government that they would be so scared of CJ now (when Army is officially in power everywhere)?

Do you think that chief justice or anyone could stop Musharraf if he decides to stay in power until his death? If Musharraf wants to get elected by this parliament or next, is it possible that anyone would be able to stop that? If rigging (as some believe) is the criteria of re-election then you think that next parliament would be any different?

Zara sonccho. Use some intelligence. CJ, be that anyone, could do nothing against a force that is the strongest in the country.

In Pakistan, President plus Army Chief together and under whose supervision whole Parliament is working and who is the one that also appoints Chief Justice, he is Gamma Pahalwan.

As far as Chief Justice is concerned, in front of that Gamma Pahalwan is Machchar Pahalwan. Even suppose to be second strongest person in Pakistan, that is Prime Minister is tinka Pahalwan in front of present Gamma Pahalwan.

If you are trying to say that Gama Pahalwan got scared of Machchar Pahalwan, I could not buy that. Actually if you read the letter of Naeem Bukhari, it seems that CJ was bheegi billi (meek person) in front of President’s representative but shair in front of others.

So do not give me argument that President got scared of CJ. Be sensible. The background of CJ was all in front of President when he appointed him as CJ.

Re: Pakistan's top judge is suspended

I do not know brother, Maybe website has a virus or as you know, Pakistanis do not know English and web master might be thinking (especially after getting influenced by media) that suspension means removal. And thus he might have wrongly removed the name. As Justice Iftikhar Chaudhri is still CJ and as you can see, there is no CJ other then him. Javed Iqbal is not CJ but acting CJ.

But I have to say again that if SJC will find that no wrong is done by the CJ, they would not recommend removal to the President. In that case, President could not (and would not) remove him and thus suspension would get lifted and he would be active CJ as before. That is obvious.