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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