Pakistan's top judge is suspended (Merged)

Re: Pakistan's top judge is suspended (Merged)

I frankly expect more from the Chief Justice of Pakistan, it appears he does not have access to a dictionary either.

1) a 7 year old is NOT an infant.
2) what the hell is a fascility?
3) please give him a "docter"
4) since when did "do not" become "donot"
5) "dis qualifying" kya hota hai?

really, what is the official language of Pakistan? english..right
and this guy is the chief justice?.. right

so..err...whats the dealio...

Re: Pakistan's top judge is suspended (Merged)

^He is nervous.... man.....give him a benefit of doubt...

Re: Pakistan's top judge is suspended (Merged)

This is not the exact handwriting of CJ, its copied by someone, these might be typos on part of the copier.

But i am impressed by ur analysis anyhow.

Re: Pakistan’s top judge is suspended (Merged)

Musharraf ‘not imposing Emergency’, assures minister

As Pakistan President Pervez Musharraf monitored the nationwide protests against the suspension of Supreme Court chief justice Iftikhar Mohammed Chaudhry, his information minister sought to clear the air saying there were no plans to impose a national emergency.

The general elections promised later this year would also be held, Mohammed Ali Durrani said on Tuesday.

‘There is no need to impose an emergency as all constitutional matters are running smoothly,’ the high profile minister was quoted as saying by Daily Times.

He accused Chaudhry of ‘behaving like a politician’, a reference to the sacked judge, who was reportedly roughed up Tuesday, refusing a government vehicle to travel to the court and speaking to the media.

Musharraf was being kept abreast of the minute-to-minute developments, both of the continuing protests by lawyers and politicians and of the proceedings of Supreme Judicial Council (SJC).

Politicians and lawyers should allow the SJC to conduct its proceedings and refrain from making comments Musharraf was reported as telling Prime Minister Shaukat Aziz.

However, Fakhruddin G. Ibrahim, a retired judge billed to represent the government before the SJC, told the BBC that he was not appearing for the government and supported Chaudhry.

Chaudhry, who appeared before SJC on Tuesday, contested the composition of the five-member Supreme Judicial Council (SJC) saying that two of its members faced charges of misconduct.

Surrounded by protesting lawyers, Justice Javed Iqbal, appointed acting chief justice last week, said Chaudhry was ‘still the chief justice’ and that he would order an inquiry into his suspended superior’s manhandling by the police.

Pakistan’s first Hindu Supreme Court judge, Rana Bhagwandas, on leave and abroad, is the senior-most after Chaudhry. The Sindh Bar Council demanded that all SJC proceedings against Chaudhry be held only after Das’ return to head the council.

Terming Chaudhry’s appearance before SJC as ‘impeachment’, The Nation newspaper noted that Musharraf’s ‘pet concept of unity of command’, among various arms of the government had come under strain.

‘The judiciary has never been out of the long shadow of our strongmen. But its inbuilt security and stability has the potential of growing out of that scare. The presidential move has struck at that innate strength,’ the newspaper said.

The Pakistan Federal Union of Journalists (PFUJ) Tuesday expressed apprehension that the government was trying to keep the national media ‘a bit quieter’.

‘There are strong fears that the government may impose some curbs on the national media in the name of national interest,’ PFUJ Secretary General Mazhar Abbas told Daily Times.

Pakistan Muslim League-Qaid, the ruling party blessed by Musharraf, staged a demonstration to counter protests, joined in by politicians, among them Leader of the Opposition in National Assembly Maulana Fazlur Rahman and cricket-politician Imran Khan.

The controversy acquired human rights dimensions abroad with the Washington-based Human Rights Watch taking up the issue. ‘By brazenly and unlawfully dismissing, detaining and humiliating the chief justice of the Supreme Court, President Musharraf has created a constitutional crisis at the judiciary’s expense,’ said Ali Dayan Hasan, South Asia researcher for the group.

‘Musharraf has undermined judicial independence before and nothing could make that more clear than his arrest of the chief justice,’ said Hasan.

Re: Pakistan's top judge is suspended (Merged)

oh yaar donot, and fascility and docter and dis qualifying could very well be transcription errors.

But, since when did a 7 year old become an infant. whats next? someone will say my 18 year old infant is going away to college?

justice saab needs some remedial english classes. if he is reviewing papers in english and writing verdicts in english, then he needs to be proficient in it.

Re: Pakistan's top judge is suspended (Merged)

How does proficiency or lack of in English impede a judge's ability to decide a case? I agree a certain minimum level is required to comprehend the statements in front of him but beyond that, you could have Shakespeare as ur CJ but if he doesnt deliver..what use is his English?

As for ur suggestion that he needs to be proficient. well lets not get into a debate about shoulds and should nots in Pakistan. :)

Re: Pakistan's top judge is suspended (Merged)

A person who for the first time in history...taking 500+ suo moto actions ...completing 26,000 cases in just 1.5 years...and every common poor man writting a single letter to CJ is treated equally as some elite class family ....then even if he speaks french ...he will be the most respectable personality of pakistan....as there is hadees of prophet(peace be upon him) that a person who give justice get a reward of 2 uhad ountain and on wrong decision 1 uhad mountain...i think the hadees has the same wordings i use...so such a respect and honour of this post ,....but now the General is tearing his clothes for sitting in a car .......cheapster !!!!!!

Re: Pakistan’s top judge is suspended (Merged)

An interesting article on the reasons for dismissal of CJ:

http://www.saag.org/papers22/paper2165.html

**PETITION AGAINST SINGAPORE FIRM & PAK JUDICIAL COUP **

By B.Raman
(To be read in continuation of my earlier articles titled “PAK CHIEF JUSTICE: IN THE LINE OF FIRE” at http://www.saag.org/papers22/paper2162.html](http://www.saag.org/papers22/paper2162.html) and " GWADAR: BALOCHS BLAST DEAL WITH SINGAPORE COMPANY" at http://www.saag.org/papers22/paper2127.html))

Well-informed sources in the Pakistani Police do not take seriously the speculation by the opposition political parties that the abrupt suspension of Justice Iftikhar Mohammad Chaudhry, the Chief Justice of Pakistan’s Supreme Court, by General Pervez Musharraf on March 9, 2007, and the initiation of dismissal proceedings against him were meant to ensure that the suspended Chief Justice, who was perceived by the Army and the Inter-Services Intelligence (ISI) as unco-operative, would not come in the way of Musharraf’s alleged plans to get himself re-elected as the President by the present Parliament and State Assemblies without waiting for new elections due later this year.

  1. These sources argue that while this might be the long-term objective of Musharraf, to achieve this he could have adopted more subtle and sophisticated ways of having him eased out of the judiciary. Musharraf still had time to achieve this. According to them, the abrupt and uncouth action of Musharraf evident from the manner in which he had the Chief Justice suspended and placed under house arrest was a panic action. This panic action was triggered off by Justice Chaudhury’s plans to expand his on-going enquiries into public complaints of a large number of missing persons to cover the alleged payments by the US’ Central Intelligence Agency (CIA) to the ISI and its officers. They say that the Chief Justice wanted to see whether there was any link between these payments and the large number of complaints of missing persons.

  2. They add that the panic action of Musharraf was also triggered off by the refusal of the suspended Chief Justice of a request from Musharraf not to take up for enquiry a public interest petition from a lawyer making certain allegations against the manner in which the Government recently awarded the long-term lease of the new commercial port at Gwadar in Balochistan to the Port of Singapore Authority (PSA) International. This port has been constructed by the Chinese and is due to be commissioned by Musharraf later this month.

  3. The petition against the award of the Gwadar lease to the PSA has been filed by the Watan Party (Party of the Nation) through lawyer Zafarullah Khan. It is the same party, which had filed a petition last year, against the manner in which Musharraf and Prime Minister Shaukat Aziz had privatised the Government-owned Pakistan Steel Mills. After holding an enquiry into that petition, the suspended Chief Justice had passed severe strictures against the Musharraf regime.

  4. The petition against the award of the Gwadar lease to the PSA reportedly makes the following allegations:

  • The lease was awarded to the PSA without examining the national security implications of awarding the lease to a company of a country, which has close relations with the US. It draws attention to the debate in the US Congress last year on the national security implications of awarding a contract to a Dubai-controlled company for the management of certain ports in the US.
  • Senior officials, who expressed their reservations over the award of the lease to the PSA, were removed from their posts by Musharraf. The former Director-General of Port and Shipping was transferred out of his post by Musharraf because he opposed the award of the lease to the PSA.
  • The lease was awarded to the PSA under pressure from some Chinese banks, which had lent money to the Government of Pakistan for the construction of the commercial port.
  • The PSA has been exempted from the payment of all taxes for 20 years. This is an extraordinary exemption, the like of which had never been given to any other company----Pakistani or foreign. - The whole bidding was carried out secretly with no transparency. The petition appeals to the court to order the Government to make public all documents relating to the lease and to stay the operationalisation of this lease till the court has completed its enquiries.
    1. In addition to the allegations made in the petition, Baloch nationalists have also been alleging that former Thai Prime Minister Thaksin Shinawatra, who was overthrown by the Thai Army in a coup in September last year, had influenced the decision-making and persuaded Shaukat Aziz to award the lease to the PSA. Shinawatra is a close personal friend of Shaukat Aziz. He had known him from the days Aziz was working for the CITIBANK in the Gulf. The Baloch nationalists allege that the PSA paid commissions to Aziz and senior officials in order to get itself exempted from payment of all taxes for 20 years.

    2. The petition against the award of the lease to the PSA was filed in the Supreme Court on February 14, 2007, but it has not yet been taken up for enquiry by Justice Chaudhury. On February 17, 2007, Naeem Bokhari, a lawyer and a TV analyst, who is often used by the ISI to discredit anti-Musharraf personalities, wrote an open letter to Justice Chaudhury accusing him of influencing the recruitment of his son as a police officer and of being rude to lawyers. The Punjab Bar Council, of which he is a member, dissociated itself from the allegations made by Bokhari and cancelled his licence to practise as a lawyer.

    3. The police sources say that Musharraf apprehended that the suspended Chief Justice was about to issue an order staying the management of the Gwadar port by the PSA till the allegations made in the petition had been enquired into by the court to establish the truth. This might have come in the way of Musharraf commissioning the port later this month.

  • Re: Pakistan's top judge is suspended (Merged)

    dont take me seriously, I am just horsing around. we have gone on so many tangents, that I felt one more would just add to the flavour :)

    Re: Pakistan’s top judge is suspended (Merged)

    :cb: ok :slight_smile:

    I have read ur posts on several occasions and this one was ummm a little below ur standards so i was a bit taken aback. Thx for clearing it up :slight_smile:

    Re: Pakistan's top judge is suspended (Merged)

    One you didn't answer my question I asked for the specific wording of suspension, and secondly people are innocent till porven guilty and not the other way around.

    Re: Pakistan's top judge is suspended (Merged)

    what does suspension mean?

    Re: Pakistan’s top judge is suspended (Merged)

    pakistan being on the receiving end of chitrol in the worldcup had temporarily altered my mind :frowning:

    Re: Pakistan’s top judge is suspended (Merged)

    Each time you keep asking the same question that I have already answered, each time you are going to get the same response. Article 180 is very CLEAR that Musharraf can suspend the Chief Justice and appoint a new one to act in his place while the SJ Council inquire into the allegations. It is clearly mentioned implicitly that Musharraf has the power to suspend the Chief Justice, here it is once more.

    *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. *

    http://www.pakistani.org/pakistan/co…part7.ch2.html

    The important point here is the phrase “The President shall appoint”. This means that the president has the constitutional obligation to invoke this Article, and appoint a new acting Chief Justice if the Chief Justice is unable to perform the functions of his office. This much is clearly stated, and this is a clear statement that the President has the power to suspend the Chief Justice. Only the President can invoke this Article, and appoint a new Chief Justice, it so follows that the old Chief Justice will remain suspended. Taken together with Article 209, it is clear the President cannot sack the Chief Justice, and has to abide by the Council decision, which makes the judiciary independent of the government, though the president does clearly have th power to appoint a new Chief Justice while waiting for the results of the inquiry.

    I dont know how else to explain it. Even a chimpanzee would be able to understand what I’ve wrote down, which speaks volumes about the level of intellect or corruption of you and the thuggish lawyers who took part in this demonstration of semi literate barbarism.

    Re: Pakistan's top judge is suspended (Merged)

    ^ you can't explain it ..i asked a specific question and you are unable to answer it with a yes or no..I repeat does the constitution use the word suspend when talking about the SC CJ? Just give me a yes or no...

    I think you can't because you are making assumptions, you are not talking about what the constitution says, you are saying what you think it says. It maybe right according the roadrunner article 1 of the roadrunner constitution of 2007 ..but thats about it ..

    Re: Pakistan’s top judge is suspended (Merged)

    And this is why he is/was the Chief Justice of Pakistan, while you never were or will be. Please, leave the constitution to people who have studied it their whole lives. Stop making a joke out of this.

    Re: Pakistan's top judge is suspended (Merged)

    Yes, it does say it. It's not my fault your English is so poor. Here is an example. Let us say you are at school (Nursery likely, Kindergarden max), the time is 4 pm and the bell goes. Your teacher says "The Bell has gone". Now being only fluent in the literal form of English with the need to state the obvious, you might well sit there and not move. However, most people will realize that the sounding of the Bell at this time means they can go home. This is called an "indirect declaration" (my own parlance). In English, some things follow by definition. Indeed it is the same in Urdu, but since I doubt you can understand the basics of either languages I suspect there's little hope of this going in.

    Re: Pakistan’s top judge is suspended (Merged)

    well said :k:

    this joker even wanted us to believe that NAB had arrested several General’s, and that provincial Governor’s are elected, not appointed.

    Such is the little boy’s ‘knowledge’.

    Re: Pakistan's top judge is suspended (Merged)

    To roadrunner: (aqal bari yea bhains? If intelligence is bigger then buffalo, use your intelligence intelligently and do not argue with buffalos). :)

    I was intending to keep quite and get amused on some intellectual discussion that is going on in this forum :D .. Never the less, I have a question for roadrunner … and hope that he should be able to give the answer. I am asking because roadrunner is asked similar question (by Zakk) and roadrunner is expected to give the answer, so if he can give that answer, he should be able to give answer to my question too (however idiotic or clear my question is). Roadrunner, you should give the answer in simple Yes or No.

    My question, similar to question that ‘is the word suspension used in constitution or not' and this suspension should not be assumed as being linked to any other thing, like sending CJ name for trial?’ is that:

    My question: Does the constitution say clearly that a police officer could not slap Chief Justice in court or anywhere in Pakistan? Please give the answer in Yes or NO.

    Well, if you cannot give the above answer, give me answer in Yes or No to this question, 'that does anywhere in constitution it says that President cannot take his pistol and shoot the CJ?' Obviously, if it does not say in constitution, it means that President could shoot CJ. Thus, give me answer in simple 'Yes or No', no explanation, that is there in consitution that says that President cannot shoor CJ?

    Please do not assume or link my question to anything, like post of chief justice or integrity of chief justice in a country. I am asking you that if it is there in constitution or not? Because, if it is not there in constitution, then it means that police officer should be able to slap chief justice anywhere and in court OR that President can shoot CJ (according to some in this forum, like me :) .. that should be the case).

    Obviously, if parliamentarians that made constitution did not wanted that police officer could slap chief justice (or President could not shoot CJ), they would have put that in constitution in clear words (that is obvious, isn’t it? .. well, according to the mental level of some idiots, like me or some others in the forum, this is the case :)).

    I want roadrunner to show me exactly that is mentioned in constitution in clear words, where it clearly says that a police officer could not slap chief justice in court or anywhere (or that President cannot shoot CJ).

    Roadrunner, if you could not show me that, I would assume that a police officer could slap chief justice any where in Pakistan, including in court.

    What you think roadrunner? :)

    Re: Pakistan’s top judge is suspended (Merged)

    Even better example sa1eem. Your answer, no, it does not say in the Constitution that a “police officer cannot slap the Chief Justice”, so I guess according to semi literate logic, it must be permissible to slap him because the words “police officer cannot slap the Chief Justice” are not used :clown: At least someone understands the way Constitutions are written.