Re: Pakistan's top judge is suspended (Merged)
All parties concerned; army, president, govt, lawyers, judges, politicians, media, are exploiting it for their own good...as usual...
Re: Pakistan’s top judge is suspended (Merged)
This is not the case.
*180. Acting Chief Justice. **At any time when- **(a) the office of Chief Justice of Pakistan is vacant; or **(b) the Chief Justice of Pakistan is absent or is **unable to perform the functions of his office due to any other cause, **the President shall appoint **[163]](http://www.pakistani.org/pakistan/constitution/part7.ch2.notes.html#163) [the most senior of the other Judges of the Supreme Court] to **act **as Chief Justice of Pakistan. *
The Chief Justice currently has a corruption charge hanging over him so of course he cannot perform the functions of his office at the moment until he has the clear trust of everyone concerned in the matter. Keyword here is act. Act means to replace temporarily until he can perform the functions of his office. in other words, the President has the right to suspend the judges from this text.
On referring the matter to the SJC, this is clear cut and totally in line with the Consitution as shown now.
*(5) If, on information [231A]](http://www.pakistani.org/pakistan/constitution/part7.ch4.notes.html#231A) [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 [231B]](http://www.pakistani.org/pakistan/constitution/part7.ch4.notes.html#231B) , 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. *
Re: Pakistan's top judge is suspended (Merged)
All parties concerned; army, president, govt, lawyers, judges, politicians, media, are exploiting it for their own good...as usual...
but watever happens.. the rule of *law shall prevail..
*law = Army..
hor chupoo
Re: Pakistan’s top judge is suspended (Merged)
Quoting for a dictator..? a pity i think..
He broke all rules when he took over as Chief executive and put an elected PM to Attock fort..where were u.. did u quote this b****** law then?
its all a game for power..party a or party b..they always hire ppl like u to find out reasons for their misdeeds and
I was watching the Information minister On 4 different channels defending this decision (of course he has to do he gets paid for it).
no wonder if mir jaffer was alive today he would have had sooo many excuses for his traitorship or watver..
BREAKING NEWS - CJ appoints PPP MNA as his lawyer.
I just heard on ZEE TV that CJ has appointed PPP MNA Ch. Atizaz Ahsan as his lawer.
This is a good move by the CJ. Only PPP can save the Judiciary in Pakistan.
Is Pakistan a police state?
All the makings of a police state
The events since Friday make extremely depressing reading for anyone remotely concerned about the state of the nation. The continued virtual house arrest of the suspended chief justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, is a black spot on this government that will be difficult – one would say, almost impossible – to erase from public memory. As if the humiliation of Justice Chaudhry being summoned to Army House and being asked to explain to the president (wearing army fatigues) the allegations contained in a now-controversial letter was not enough, one now learns that since Friday the suspended chief justice of Pakistan and his family have had their telephone lines disconnected, their mobile phones taken away and have been prohibited from watching television or reading newspapers. According to several reports, most quoting Justice Chaudhry’s family members, the house of the suspended chief justice is swarming with officials of the intelligence agencies and no one is allowed to enter the premises, though retired air force chief Air Marshal Asghar Khan did manage to argue and walk past the guards and meet Justice Chaudhry.
In doing all of this, the government has clearly overstepped its authority. Justice Chaudhry, if Article 209 has been followed and read properly, has had a reference filed against him for misconduct and abuse of office. However, preventing him from meeting people and restricting his and his family’s movement, and not letting him establish contact with anyone outside his residence gives the impression as if the government considers him a dangerous criminal who is a clear and present danger to society. What the government has been doing since Friday is only going to exacerbate the crisis and lower its credibility – already quite low – in the eyes of (it can be safely said) most Pakistanis because they will think that if this can happen to a chief justice of the Supreme Court then ordinary citizens might just as well forget about receiving their constitutionally guaranteed right to due process and a fair hearing.
By denying the suspended chief justice the right to move around freely, to meet whoever he wishes or even to talk to the media, the government is in violation of the Constitution, and specifically of the constitutional process by which a member of the Supreme Court is to be removed from office. Surely, the president, the prime minister, members of the federal cabinet and even the brother judges of Justice Chaudhry would agree that his is a case of convicting without even being given a fair hearing. Surely, it can be seen that Article 209 does not authorise the president, or anyone for that matter, with the power to restrict the physical movement of a judge against whom a reference has been filed and to bar him from using any link to the outside world. A lot of damage has already been done by this full frontal assault on the judiciary of the country.
Of course, no one should defend a judge, no matter how august he may be, if he indulges in conduct unbecoming of his office and misuses his official powers. But allegations should not be equated with proof and conviction – something that the government’s actions suggest is the case – and the method and process outlined in the Constitution need to be followed. This constitutional method does not have any provision for physically restricting a judge under investigation from moving about freely and stripping away his officially entitled privileges – the latter can be done only after the investigation has been carried out and a recommendation for removal made by the Supreme Judicial Council and acted upon by the president. Even in that eventuality, the action should not be seen as high-handed and vindictive – which seems to be the case now, despite the fact that the charges against Justice Chaudhry remain mere allegations. As has been reported widely, on the day of his suspension following the filing of the presidential reference, Justice Chaudhry was stopped from entering the premises of the Supreme Court building and escorted to his house by a senior police official. Even now, with a reference filed against him but none of the charges proved, the suspended chief justice should be free to visit his office if he so wishes because there is nothing in the Constitution that prevents any judge of the Supreme or High Courts, and against whom a reference has been filed with the Supreme Judicial Council, from attending his office.
There is one other point as well: ministers should not consider the people of this country to be bumpkins who cannot see what is going on. When told that Air Marshal Asghar Khan had met Justice Chaudhry who told him that he (Justice Chaudhry) had no access to the phone, TV or newspapers, one member of the federal cabinet expressed surprise and then went on to say that this itself was proof that the chief justice was free to meet people. Surely, the hordes of journalists, politicians and well-wishers standing outside the gates of Justice Chaudhry’s official residence and denied entry by the security staff posted there speak of an entirely contrary situation, one that really puts official claims that he is free to meet anyone to shame. The government needs to extricate itself from this ugly situation before it spirals out of control. Any delay in repairing the damage can only convince most Pakistanis that they live in a country that has all the makings of a police state. Also, equally importantly, the government needs to understand that for the sake of its own credibility this farce needs to come to an end.
Re: BREAKING NEWS - CJ appoints PPP MNA as his lawyer.
no surprise there then. If PPP are involved he's definitely corrupt.
Re: BREAKING NEWS - CJ appoints PPP MNA as his lawyer.
Aalsi
Did you hear what Wasi Zafar said to news editor Ansar Abbasi?
It was being aired on Geo but i missed it. They were saying that he used very foul language.
Re: Pakistan’s top judge is suspended (Merged)
It’s not the law. It’s the Constitution of Pakistan that was formulated way back in 1973, nothing to do with the Army or with any dictators.
PS In future, try and disprove how what Musharraf has done is unconsitutional. Because from what I can see (and I’ve given the evidence), it all seems in line with the Constitution. i’m willing to admit he’s wrong, you just tell me how what i’ve quoted supports your point of view.
Re: BREAKING NEWS - CJ appoints PPP MNA as his lawyer.
Aalsi Did you hear what Wasi Zafar said to news editor Ansar Abbasi?
It was being aired on Geo but i missed it. They were saying that he used very foul language.
I don't know about what was said on Geo.
However, are there and Geo Viewers that can confirm the story that I posted from the great ZEE TV.
Re: Pakistan's top judge is suspended
If constitution makers wanted that suspension should not be part of enquiry, they should have mentioned so that suspension could be excluded from enquiry process. But again, that would make enquiry law, a farce law, and would raise question on the mental level of those enacting the law.
One can also argue that if the constitution-makers had thought so they would have made a clear provision to empower the president to suspend a judge. Under article 209, the president can refer a case against any judge to the council but nowhere he's authorized to suspend him.
Anyway, as I've said earlier, I'm not a constitutional expert and I keep myself from interpreting the constitution and leave it to the experts to decide whether Musharraf acted according to the constitution or not. Although it'll be foolish of me to expect from a military dictator that he'll ever act according to the consitution and namely in a country where the guardian of the constitution, the supreme court, itself gives power to military dictators to tamper with the constitution.
Re: BREAKING NEWS - CJ appoints PPP MNA as his lawyer.
no surprise there then. If PPP are involved he's definitely corrupt.
I wonder who people like Saleh Faisal Hayat, Sherpao and others represent. Obviously being corrupt as per your definition they must be representing corrupt people as well, or were put into various ministries by corrupt people.
Re: Pakistan's top judge is suspended (Merged)
It's not the law. It's the Constitution of Pakistan that was formulated way back in 1973, nothing to do with the Army or with any dictators.
PS In future, try and disprove how what Musharraf has done is unconsitutional. Because from what I can see (and I've given the evidence), it all seems in line with the Constitution. i'm willing to admit he's wrong, you just tell me how what i've quoted supports your point of view.
hmm did he take over the leadership of this God Forsaken country according to 1973 constitution?
its like a wrong deed OVER a wrond deed.. just admit the first deed that he did of taking over was UNCONSTITUTIONAL. but then..
wat do i have to prove.. as one dictator before already said ..what is the worth of this constitution..just papers..which i can disapprove on my will..
but watever ppl like Q league etc..will even support if musharraf appointed the Satan as his deputy..
zameen junbad na junbad gul muhammad
Re: Pakistan's top judge is suspended (Merged)
dictators love constitution when it suits them, can he be a an honest follower of constitution when he sacked an elected Prime Minister (however corrupt or dumb he may have been) in utter violation of the constitution which he seems to respects so much now
Re: Pakistan’s top judge is suspended (Merged)
Dont know about Hayat. I thought NAB found him guilty, but Sherpao was cleared of his charges by NAB. Either way none of them disappeared. Anyhow, prove to me 1 person that has disappeared in Pakistan in a situation not related to terrorism, or just even prove how Musharraf has acted unconsitutionally in this case. The President has the right, even if he has only a suspicion, to call the Chief Justice before a tribunal. And it is not, as someone wrote above, a change in the Consitution, the parts regarding the Chief justice have been part of the Consitution since 1973, and havent been changed in the cases I quoted.
Re: Pakistan's top judge is suspended (Merged)
hmm did he take over the leadership of this God Forsaken country according to 1973 constitution?
its like a wrong deed OVER a wrond deed.. just admit the first deed that he did of taking over was UNCONSTITUTIONAL. but then.. wat do i have to prove.. as one dictator before already said ..what is the worth of this constitution..just papers..which i can disapprove on my will.. but watever ppl like Q league etc..will even support if musharraf appointed the Satan as his deputy.. zameen junbad na junbad gul muhammad
This has been discussed before. It was also unconstitutional of the civilian governments to loot billions out of the Pakistani economy. Pakistan was on the verge of defaulting thanks to the civilian governments, so since the Constitution was not being followed before anyway, someone was needed to implement it. For this reason, it's accepted that the Army took over rule.
Regardless, what musharraf has done now is to follow the Consitution.
Re: BREAKING NEWS - CJ appoints PPP MNA as his lawyer.
Aalsi Did you hear what Wasi Zafar said to news editor Ansar Abbasi?
It was being aired on Geo but i missed it. They were saying that he used very foul language.
Uff, I can't stand Wasi Zafar and yes he did say something real bad to the news editor. Instead of focusing on the issue at hand, he resorted to personal attacks.
Anyways, I feel this episode has more to it than meets the eye.
Re: Pakistan’s top judge is suspended (Merged)
BTW, where is justice Bhagwandas? I hope he hasn’t already applied for political asylum in India.
Re: Pakistan's top judge is suspended (Merged)
The infinite salutes to this brave man who first time in history is fighting with the Establishment and this "brave "general who becames "honey" on a single phone call from Collin Powel .........how can he know what bravery is ......I will never ever resign ... i will defend myself in SJC although it is wrong as its 2 memebers involved in serious mis-conducts.....thousands of lawers ..people and Great opposition leaders became mad with joy and enthusiasm when they first saw him in front of SC.....i will never sit in Governmenet car ...let the barrier be up as this head only bows in front of Allah Almighty........
Sarfaroshi ki tamanna , aab hamarai dil mai hai
Daikhna hai zor kitna , bazooa-i-qatil mai hai
Re: Pakistan's top judge is suspended (Merged)
I think ..now General has realized that with gun ...you cannot threat "everyone" !!!!!