Re: Pakistan's top judge is suspended
Your missing the point. Every step taken to eliminate corruption is a good thing. There have been prosecutions of military generals by NAB.
name a few General's, you can't.
Stop lying, your not fooling anyone
Re: Pakistan's top judge is suspended
CJ hit a sensitive nerve when he took sou moto notice of disappearences by secret agencies.
Bullshyt. This is about his son getting a position he was not qualified for. Who is responsible for the son getting this position? If his son did not get the position, then how else could they prosecute him? No way could they is the answer. So how did his son get the position he was not qualified to do? Did someone just give it him by mistake or something?
Re: Pakistan's top judge is suspended
name a few General's, you can't.
Stop lying, your not fooling anyone
There was a Tariq Majid General. There's some that have been found guilty too. Will get the names.
Re: Pakistan's top judge is suspended
Bullshyt. This is about his son getting a position he was not qualified for. Who is responsible for the son getting this position? If his son did not get the position, then how else could they prosecute him? No way could they is the answer. So how did his son get the position he was not qualified to do? Did someone just give it him by mistake or something?
Pak govt is full of people not quaified, who get in through links, this is nothing new
Only a fool would think this is why Mush made such a major move
Re: Pakistan's top judge is suspended
Bullshyt. This is about his son getting a position he was not qualified for. Who is responsible for the son getting this position? If his son did not get the position, then how else could they prosecute him? No way could they is the answer. So how did his son get the position he was not qualified to do? Did someone just give it him by mistake or something?
No, the Bullshytty, is that peopl have been disappearing from the country and being held in unknown locations, their relatives do not even know where they are and these are ignored and instead the judge who asks government to produce these people is sent home on charges that his son has a psition that he is unqualified for. What a crap.
Re: Pakistan's top judge is suspended
If government has released the disappeared people and "then" out up these charges i wud have supported it.
Re: Pakistan's top judge is suspended
..
And to show who is in charge, CJ is called upon in army house, meets a President in uniform to explain charges against him and then sent packing.
Re: Pakistan's top judge is suspended
And to show who is in charge, CJ is called upon in army house, meets a President in uniform to explain charges against him and then sent packing.
........ and some people still think that our president is worth enough
Re: Pakistan's top judge is suspended
Is it true that the constitution doesn't authorize the President to remove the CJ?
Re: Pakistan’s top judge is suspended
Realdeal always sides with what ever serves his purpose, in the end he also blames the army for the murder of Liaqat Ali Khan..LOL… Please follow the discussion in the following link… re: another (EX) CJ of Pakistan
http://www.paklinks.com/gs/showthread.php?t=23357&highlight=Sajjad+Ali+Shah
Re: Pakistan's top judge is suspended
:D
Re: Pakistan's top judge is suspended
Well, another Dictator is doing what dictators do - crush any independent power bases. CJ Pakistan has been doing real good work taking suo motu concern in cases like the PSM scandal and unlawful disappearances issue. Given the massive corruption cases still lying in wait, Shaukat Aziz, Chaudries of Gujrat were raising cain. On top of this, opposition parties were waiting to refer the reelection of Gen sahib to SC as well.
I feel that this step is a prelude to emergency declaration, after Gen sahib gets "reelected"
Re: Pakistan's top judge is suspended
Well, another Dictator is doing what dictators do - crush any independent power bases.
right, so whether we are dealing with civilian dictators or military dictators, they try to take as much power as possible, as evident throug our history of the last 3 decades.
Re: Pakistan's top judge is suspended
I was perplexed by the action of President Musharraf regarding Chief Justice (Iftikhar Chaudhry), as media report regarding Chief Justice was quite good. I believing that President Musharraf with all sincerity has always acted for the good of the country and was always tolerant against any critics as long as they are his critics or critic of his policies, would do this to Chief Justice (at the time I did not read Naeem Bukhari letter).
Well, well, I have to thank ‘bullayshah‘ who posted the source of the letter of Naeem Bukhari. We should remember that Naeem Bukhari is not only an attorney but is a politician (belonging to party in opposition of President Musharraf) and renowned journalist.
Obviously Naeem Bukhari knows what is contempt of court and writing any wrong letters (with lies) to Chief Justice and other people in positions could be disasterous to his profession and future.
Naeem Bukahri also knows Iftikhar Muhammad Chaudhri and would have known that to write to chief justice about chief justice short comings when practicing law in Pakistani courts working under chief justice could be a professionally hazardous thing to do.
Nevertheless, he wrote and from the circumstances and outcomes I now believe that whatever substance he put in his letter must be true.
** From reading the letter (thank to bullayshah again), I can understand the reason of good news in newspapers regarding chief justice.
It seems that newspaper were more scared to report any wrong of chief Justice (however true) then reporting wrong of President Musharraf (however ridiculous and lies). Its because President Musharraf is tolerant and they know they can get away even with lies but here they were having a chief justice that could harm them even when reporting truth about him.
Worse is that, when paper wrote regarding chief justice son wrongdoings, supreme court came in defence of chief justice son and the owner of ‘Jang’ was called by the chief justice for reprimanding (and whatever threat may have followed). Papers were so scared of chief justice that none dared to print Naeem Bukhari letter, even though it was open letter.**
** Seems that power went to the head of chief justice similar to the way it went to the head of our past rulers like Bhuttos (Zulfi and BB), Zardari and Shareefs or similar to many of our corrupt government officers who start behaving like pharaoh while in power (however puny).**
** Here is how chief justice scolds and reprimands newspapers regarding his son’s affairs (from Bukhari letter). **
[quote]
I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.
[/quote]
The above paragraph from Naeem Bukhari letter clearly shows that Chief Justice was not only involved in his son’s wrongdoings but that he was shamelessly defending the wrongdoings too.
Thus, while President Musharraf tolerated all the judgements of chief justice that was against the government or all his remarks, if one can read Naeem Bukhari letters, that is nothing to do with government (as Naeem Bukhari is more attached to the opposition party), one can understand the action of President Musharraf.
Post of a ‘Chief Justice’ is a very crucial post and it effect people more than any post (more then even President, prime minister, any post in police, chief of the army or any parliamentarians), as this post is the icon of providing justice to the people.
Even if courts were used by past Pakistani rulers to intimidate their opponents and many chief justices did not took stand, still providing justice to most people flow from here. I believe it seems this is the first time in Pakistan that chief justice was intimidating his opponents pointing his wrong doings (from the letter of Naeem Bukhari).
Bullayshah has put the site of that letter, but that letter is so revealing that I believe it deserves a place here on the forum and thus I am putting down the letter here too. Even though whole letter shows disgusting nature that developed of chief justice after taking power (as before even Naeem Bukhari seems to like him), some paragraphs regarding chief justice is so disgusting that it is unbelievable.
Here is paragraph from the letter that shows that Naeem Bukhari had different opinion of Iftikhar Muhammad Chaudhry before he became chief justice (that shows that what he wrote is a changed opinion after Naeem Bukhari observed Iftikhar Chaudhry behaviours after becoming chief justice). From the letter:
[quote]
I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex Court, particularly considering the long tenure before you. Alas this has not come about.
[/quote]
**
I wonder how many people reading this thread and those that read Naeem Bukhari letter believing that the letter is all true, would like to see such chief justice running the judiciary of Pakistan till 2014 (when he was due to retire) or even for a day longer.**
**
Those who would not like to see this chief justice in office after reading Naeem Bukhari letter should thanks President Musharraf for acting according to their wishes and wishes of all Pakistanis who know the facts mentioned in the letter (I mean, knowledgeable).**
**Obviously, judiciary represents government and if head of judiciary has such character and is running judiciary power as Pharaoh, it becomes duty of government to act against such person, unless they are similar in character too [as most past rulers in Pakistan were similar in character with this chief justice, that is meek and humble out of power (or with those stronger to them) but tyrant, bully and oppressor when in power (or with those weaker to them).** You look at them superficially then they would look angle as they would have good media coverage (by intimidation or payment) but underneath they are devils**].**
I would tell those Pakistanis who believe that Pakistan does not deserve such chief justice **(who can call newspaper owner to reprimand just because newspaper publishes story of his son’s corruption) to be thankful to government that acted, not for personal reason but for the sake of the country and its judiciary (and justice system).
**
**As for those that love the past corrupt rulers, I am sure that they would be disappointed to see a similar person out of power and I have no sympathy or pity for them or their wishes. **Prople love what they are and what their values represents, thus they come out to defend people of similar characters. It is not their fault.
*Letter of Naeem Bukhari:
*
Mr. Justice Iftikhar Muhammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Pakistan
My Lord:
I write this letter as an Officer of the Supreme Court of Pakistan; as an Advocate enrolled in the apex Court since 1984 and in the High Courts since 1972; as an Attorney who has paid more income tax from his earnings in the legal profession than many of my friends, colleagues and seniors elevated to the Bench; and as a stake-holder in the dispensation of justice, intimately and vitally interested in the functioning of the Supreme Court.
Many judges who adorn the Bench in the Supreme Court and the High Court know me over decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. Towards the courts, my approach has always been of consistent and continuous display of respect and humility. I bow out of conviction, not compulsion. I use the words “My Lords”, because I want to, not because I have to. As an Attorney, I look up to the Court and want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.
I have seen my Supreme Court headed by Chief Justice Hamood-ur-Rahman, Chief Justice Muhammad Yaqub Ali, Chief Justice S. Anwar-ul-Haq, Chief Justice Mohammad Haleem and how the Court functioned under them in the 1970s/1980s. I witnessed the proceedings for the ouster of Chief Justice Sajjad Ali Shah, became aware that the then Prime Minister of Pakistan, Muhammad Nawaz Sharif, had ‘worked’ on some judges of the Supreme Court and saw the physical assault on the Court.
I was appalled at the manner in which Chief Justice Irshad Hasan Khan led the Supreme Court and pained at the insinuations against Justice Sheikh Riaz Ahmad, when he was the Chief Justice.
I was horrified by the establishment of a Bench of five judges constituted by Chief Justice Nazim Hussain Siddiqui to determine whether reduction in the retirement age for judges was constitutional or not. This was clearly designed to block your appointment. I was against the idea of Mr. Amirul Mulk Mengal being made the Chief Justice before you. Within the limits of my influence (which I readily admit to be very limited), I was totally for you to become the Chief Justice. Justice Javed Buttar is aware of my position, as is the Attorney General of Pakistan. The accelerated issue of the notification appointing you the Chief Justice put Justice Siddiqui’s move to rest.
**
I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex Court, particularly considering the long tenure before you. Alas this has not come about. **
**
I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the Supreme Court and hooters, police escort, flags is just fluff, not the substance of an office). **
**
I am mildly amused at your desire to be presented a guard of honour in Peshawar.****
**
**
I am titillated by the appropriation of a Mercedes-Benz car or is it cars, ****
**
**
the use of the Government of the Punjab’s airplane to offer Fateha in Multan,
**
**
to Sheikhupura for Fateha on a Government of the Punjab helicopter, **
**
to Hyderabad on a Government of the Sind’s plane for attending a High Court function, **
**
the huge amount spent in refurbishing the chamber and residence of the Chief Justice, **
**
the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, **
**
the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sind, who per force lives in the basement of his father’s house. *As his class fellow in the Government College, Lahore, I can vouch that living in the basement will do him no harm.
*
I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, **
**
that there is a case against him in some court in Baluchistan, **
**
that from the Health Department in Baluchistan he has shifted to the Federal Investigation Agency (FIA), **
**
that he has obtained training in the Police Academy, **
**
that he reportedly drives a BMW 7-Series car, **
**
that there is a complaint against him with the National Accountability Bureau (NA. **
**
My grievances and protests are different.**
**
I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account. **
I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded. In the Petition for leave to appeal filed by Dr. Sher Afghan Niazi, Federal Minister for Parliamentary Affairs (in which Respondent’s Counsels were Mr. Khalid Anwar and Mr. Qadir Saeed), you refused to grant leave in open Court and yet in the written order, leave was granted to Dr. Sher Afghan Niazi. On 15-2-2007, Mr. Fakhruddin G. Ebrahim complained that in open Court you had accepted his appeal but dismissed the same in the judgement, subsequently recorded.
If Mr. Khalid Anwar, a former Minister of Law and Parliamentary Affairs, and Mr Fakrhuddin, Senior Counsel, are treated in this manner, the fate of lesser known lawyers would certainly be far worse. My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership.
My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house”. We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing: “This is dismissed”. Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness. So apart from violating our dignity, which the Constitution commands to be inviolable, we suffer discrimination in your Court.
I am not raising the issue of verbal onslaughts and threats to Police Officers and other Civil Servants, who have the misfortune to be summoned, degraded and reminded that “This is the Supreme Court”. The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.
**
I am pained at the wide publicity to cases taken up by My Lord in the Supreme Court under the banner of Fundamental Rights. The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges. I am further pained by the media coverage of the Supreme Court on the recovery of a female. In the bar room, this is referred to as a “Media Circus”. **
**
My Lord, this communication may anger you and you are in any case prone to get angry in a flash,** but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you. My Lord, before a rebellion arises among your brother judges (as in the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.
I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.
My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.
Yours faithfully,
NAEEM BOKHARI
Advocate
Supreme Court of Pakistan
Islamabad, Pakistan
Re: Pakistan’s top judge is suspended
Yes, that Sindh HC judge obviously got it wrong.
The President seems to have acted according to article 209.
**209 Supreme Judicial Council. **
(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [231] [otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
**(5) If, on information [from any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion,] inquire into the matter. **
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.
Re: Pakistan's top judge is suspended
What I understand from the news: Chief Justice is not removed. He is suspended pending enquiry. His removal is dependent on enquiry. Meanwhile he is suspended; Justice Javed Iqbal has taken oath as acting chief justice. (Note: The oath is not for chief justice but for acting chief justice. It means that chief justice post is still held by Iftikhar Chaudhry but it is non-functional. He would hold that post until the enquiry decision comes out and recommendation made by the enquiry commission)
[Thus the President is acting according to the constitution article as mentioned posted above by Reza Pahlavi: Part 5 has happened. Part 6 would follow after enquiry. Obviously when under enquiry, Chief Justice has to get suspended and Acting Chief Justice should take over, else Chief Justice could influence the enquiry. Regardless, when there is enquiry of chief justice going on, how can he be let to stay active as chief justice during that enquiry? That would be ridiculous.]
**
(5) If, on information [from any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion,] inquire into the matter. **
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office. ]
I believe (I am not sure) is that, after enquiry, if chief justice is found not guilty of charges, he would become chief justice again.
From today's dawn (9th March 2007):
**
President files reference against Chief Justice of Pakistan** ISLAMABAD, March 9 (Agencies) President Gen. Pervez Musharraf on Friday filed a reference against the Chief Justice of Pakistan under article 209 of the country’s constitution on charges of misconduct and misuse of authority, Information Minister Mohammad Ali Durrani said. Musharraf has now referred the case of Chief Justice Iftikhar Muhammad Chaudhry to the Supreme Judicial Council (SJC), Durrani said. An official statement said Musharraf has appointed Justice Javed Iqbal, another senior supreme court judge, as the Acting Chief Justice.
**
The statement said “the chief justice was called by the president and the prime minister and confronted with the allegations, in answer to which he could not give any satisfactory reply.”** Chaudhry’s post as the chief justice was now “non-functional”, Law Minister Muhammad Wasi Zafar claimed in an interview to a private TV channel. The SJC has now summoned Justice Chaudhry on March 13th to face the charges filed against him, the private TV channel report added. Television footage showed Chaudhry meeting on Friday with Musharraf, who was dressed in military uniform, at the president's official army residence in Rawalpindi. (First Posted @ 16:00 Updated @ 23:12 PST)
Re: Pakistan's top judge is suspended
It is a sad day, the dictator summoning CJ to the president house and than sacking him. He is no better than the ones he removed. Whether one attacks the supreme court building and intimidates the CJ or calls him to president house and sacks him there is not much difference. Pathetic to say the least.
Re: Pakistan's top judge is suspended
Your an unbelievably backward dumbass, you know that dont you? Anything good that happens in Pakistan to stamp out corruption, if it's done by any party other than your own PPP or whichever corrupt bastad you support, you say it's a sad development. Grow up dumbo, see what's good for Pakistan, not your own backward corrupt party, and cheer on the good things, whoever does them.
The same guys were initially crying about how this 'judge' backed up by musharraf had his son in the FIA through pawwaz, and now that hes suspended, they have taken a u-turn..
Re: Pakistan's top judge is suspended
No, the Bullshytty, is that peopl have been disappearing from the country and being held in unknown locations, their relatives do not even know where they are and these are ignored and instead the judge who asks government to produce these people is sent home on charges that his son has a psition that he is unqualified for. What a crap.
I do not care if they hold potential suicide bombers or criminals at unknown locations. Moral of the story, dont make bombs, and dont associate with dodgy people. Let's see. If I'm in Pakistan, and the security arrests some people on suspicion of making a bomb, then so long as they have good evidence and are put before a fair trial, I do not have a problem with it. I do not believe that people disappear in Pakistan. In some dictatorships where the media is fully controlled, people do disappear (cases like North Korea perhaps), but in Pakistan any cases of disappearances can be reported freely, and can be put through the judicial system. One of the hallmarks of a free society is the freedom of the media, and Pakistan's media is one of the freeist in the world under the so-called dictator. I dont usually say Zindabad, but I'll say Zindabad to Musharaf's presidency if he keeps up the good work on the economy and continually upgrades the accountability measures.