Re: Pakistan's top judge is suspended (Merged)
Senior civil Judge of east karachi court Ashraf Khan resigned in protest and to show solidarity with lawyers. GEO NEWS
Re: Pakistan's top judge is suspended (Merged)
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"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.
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the problem in this case is that the chief justice is still there (ch. iftikhar) and he is able to fully perform his duties...therefore musharraf cant appoint an acting CJ...
what musharraf could have done was that he could have sent the reference to the supreme judicial council and then waited for them to pass their judgement...the way he was removed, and then the way the government aggravated the situation in the next few days...the whole thing looks like a ploy of the government to assert contrl over the newly found independence of the judiciary...
Re: Pakistan's top judge is suspended (Merged)
**
[quote]
chief justice office was vacant on 9th of March, due to chief justice getting suspended.**
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Musharraf doesnt have the powers to suspend the CJ...thats the reason why the law minister is taking turns on this issue...first it was said that the CJ had been suspended...and then it was said that he was made non-functional...and then yesterday wasi zafar claimed that he had been sent on forced leave...
[quote]
According to constitution clause 180, given below, if chief justice office becomes vacant, it becomes duty of President to appoint an acting chief justice.
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the office isnt vacant...so the act is unlawful...by the way...in pakistan..."jis ki lar hi uski bhens"...thats why the unlawful prez is ruling pak...
Re: Pakistan’s top judge is suspended (Merged)
A quick glance at the constitution will show that the president does not have the power to suspend the CJ, so the office could not have fallen vacant constitutionally :)
**209** **Supreme Judicial Council.**(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**:love:**, 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.
**:)
Now tell me, how the CJ office could have fallen vacant when the constitution has laid down proper steps to be taken before a CJ is to be removed from his office. Please point out where it gives President the right to suspend him without inquiry. :chai:
No 1: The serving CJ was not physically or mentally incapable of continuing in his job so that clause is not applicable here.
No 2: The allegations/Reference by the President is still to be taken up by the SJC and until it forms an opinion about the validity of the charges against CJ, he cannot be suspended/made non functional.
Sir, it matters not if there were a trillion reasons, the constitution is very clear how a judge is to be removed, and contains only 2 ways of a judge’s removal:
Either physical/mental incapacity
Or
Misconduct
No1 does not apply in this case and No 2 has to be established by the council and unless it does so, that is not applicable either. So, the govt. move was unlawful. Then again coming from the unlawful minister…
And here comes the mother of all embarrassments/contradictions:
http://www.dawn.com/2007/03/19/top4.htm
-Don’t u love it when he takes U-turns like that, leaving his e-counsels high and dry
Maybe write the president and tell him to stop embarrassing his e-team?
http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx
Awaiting ur response :chai:
Re: Pakistan's top judge is suspended (Merged)
Lahore High Court Judge Justice Jawad Khawaja resigns from his post in protest.
5 Civil Judges of Karachi, Allah Bachaoo Gabol, Ashraf Khan, Mustafa Safawi, (all from Karchi east court) and Asah Shah, Malik Ehsa (central court karachi) have also resigned from their posts.
Re: Pakistan's top judge is suspended (Merged)
Lahore High Court Judge Justice Jawad Khawaja resigns from his post in protest.
5 Civil Judges of Karachi, Allah Bachaoo Gabol, Ashraf Khan, Mustafa Safawi, (all from Karchi east court) and Asah Shah, Malik Ehsa (central court karachi) have also resigned from their posts.
**
Judiciary versus Junta. **
First bout was in '58 and it was a knock out for the judiciary. It has taken several decades for the judiciary to recuperate and stand up for a rematch.
Re: Pakistan’s top judge is suspended (Merged)
**Action against Chief Justice Iftikhar Muhammad Chaudhry was taken on the application of a Peshawar High Court (PHC) judge, sources quoted President Pervez Musharraf **as telling a meeting of the Pakistan Muslim League and its allies at Prime Minister’s House on Sunday.
**President Musharraf said the PHC judge had written him a letter on March 5, threatening that he would resign if action was not taken against Mr Chaudhry. **“The PHC judge’s letter contains solid evidence against Mr Chaudhry, and Naeem Bukhari’s charge sheet has nothing to do with the presidential reference,” the president said. He, however, said that allegations against Mr Chaudhry would not be made public because the matter was pending with the Supreme Judicial Council. He expressed “deep concern” at the manhandling of Mr Chaudhry by police. He assured the meeting that the judicial crisis would end with the return of Justice Rana Bhagwandas. He said that Mr Bhagwandas would be the next acting chief justice and added that Mr Chaudhry would be sent on forced leave with full perks and privileges, the sources added.
The meeting decided that no changes would be made to the federal cabinet or Islamabad administration and that the government would not confront lawyers.
Earlier, President Musharraf directed the provinces and federal agencies to maintain law and order “at any cost” and quell “those elements conspiring against the government”. He also directed parliamentarians to keep people informed about the latest developments in the judicial crisis.
http://dailytimes.com.pk/default.asp?page=2007\03\19\story_19-3-2007_pg1_1
Re: Pakistan's top judge is suspended (Merged)
Its amazing how quikly the government position and statements are changing by the day. **First **he was corrupt and had to be suspended,
then Musharraf distanced himself from the whole issue y saying that government filed the reference against CJ and he was just doing his duty by referring it to SJC.
**Now **suddenly it is Peshawar HC judge's letter.
Each reason being funnier than the other.
Re: Pakistan’s top judge is suspended (Merged)
Once President Eisenhower was asked what if he had made any mistakes as a President and he said, “Yes two, both of them are sitting in the supreme court”.http://www.citizenlink.org/CLFeatures/A000000439.cfm
Was Iftikhar Chaudhary a mistake?
Re: Pakistan’s top judge is suspended (Merged)
of course he was a mistake…a mistake that is now biting the establishment in the ass. 
Re: Pakistan's top judge is suspended (Merged)
Ali_Syed:
[quote]
[quote]
chief justice office was vacant on 9th of March, due to chief justice getting suspended.
[/quote]
:
Musharraf doesnt have the powers to suspend the CJ...thats the reason why the law minister is taking turns on this issue...first it was said that the CJ had been suspended...and then it was said that he was made non-functional...and then yesterday wasi zafar claimed that he had been sent on forced leave...
[/quote]
Who told you that according to constitution President does not have the power to suspend CJ? Your local charsee or those corrupt lawyers that use corruption in court to win their cases? Show me in constitution where it says that President cannot suspend CJ?
Any person that is above the post of some person and the post works under his/her constitutional power, then that person could suspend the person under him. Because suspension does not mean removal or sacking, it means to stop a person from working on their post. If President can initiate enquiry against CJ, power of suspension is automatic. Actually if a person name is sent for enquiry, it is moral duty of the person that sent for enquiry to suspend the person too. Else sush enquiry would be meaningless (I hope you know the meaning of meaningless).
[quote]
Quote:
According to constitution clause 180, given below, if chief justice office becomes vacant, it becomes duty of President to appoint an acting chief justice.
the office isnt vacant...so the act is unlawful...by the way...in pakistan..."jis ki lar hi uski bhens"...thats why the unlawful prez is ruling pak...
[/quote]
Do you know the meaning of vacant? Please understand that when President has suspended CJ, office becomes vacant.
Please find a good dictionary and look for the meaning of suspension and vacant. If you could not get it, find a good teacher …. Errrrrrrrr not teacher, if you are in Pakistan, they would only be able to tell you according to their ability. So, go to British council for help. :)
Re: Pakistan's top judge is suspended (Merged)
[QUOTE]
Who told you that according to constitution President does not have the power to suspend CJ? Your local charsee or those corrupt lawyers that use corruption in court to win their cases? Show me in constitution where it says that President cannot suspend CJ?
[/QUOTE]
Constitution entails what President can do, not what President cannot do.
Ur next question will like by show me in constitution where it says President cannot rape Altaf Hussain.
Re: Pakistan’s top judge is suspended (Merged)
Bhai, Aap say toy baat karnaa hee baikaar hay, aap kee aqal kay kiya kahnay 
.. Well, you wrote that consitution says what President can do and consitution does not entails what president cannot do.
So, if you are right, tell me what the constitution says about how Predsident should send reference of CJ to the SJC? Can president send reference of CJ to SJC in writing or verbally? Plus can he write the reference on paper or his writing pad? Because constitution does not say that President should send reference written on paper, according to your royal intelligence, he could not send reference written on paper, right? 
Well, since consitution does not mention that President can use his speech to tell SJC about reference, neither it says that President could use any sort of pen or paper for reference, in effect, President could not send refernece (because means to send reference is not mentioned in constitution), right? .
If all would have intelligence like you then for them, since constitution does not mention that President can send reference of CJ to SJC in writing on paper or written on anything, or even verbally, if president sent the reference in writing on paper or on his official pad, that to you would be unconstitutional 
Aaap kee aqal laa jawaab hay .. cant argue with you master 
Re: Pakistan's top judge is suspended (Merged)
^Again u keep up wth your tradition of posting lengthy meaningless rants. Good going, u are intelligent enough to be a minister in Musharraf's cabinet. If something happens to Wasi Zafar or Durrani, you'll be a natural choice.
Re: Pakistan's top judge is suspended (Merged)
encouraging to note that only a handful of diehard Mushi fans are trying to defend his blunders, rest of them are all underground blushing, atleast they have some sanity unlike supporters of Bibi and Nawaz who consider the two corrupt as angels
Re: Pakistan's top judge is suspended (Merged)
add Altaf to the list of corrupts
Re: Pakistan’s top judge is suspended (Merged)
Re: Pakistan’s top judge is suspended (Merged)
Five judges resign over judicial crisis](Geo News: Latest News Breaking, Live Videos, World, Entertainment, Royal)
KARACHI: Lahore High Court Judge Justice Jawwad S Khawaja, 1st Senior Civil and Assistant session Judge Karachi East Ashraf Yar Khan, 4th Civil Judge Central Pir Asadullah Rashdi, 1st Civil Judge Panu Aqil resigned and Civil Judge and Judicial Magistrate Allah Bachayo Gabol on Monday in protest over the judicial crisis.
According to sources, in his resignation to President, Justice Khawaja said that he would not be able to continue his services as judge in current judicial crisis. He was hoping that the situation would be improved and president could take measures for the improvement but that did not happened, therefore, he is resigning.
Senior civil and assistant session judge Karachi East Ashraf Yar Khan had also submitted resignation to district and session judge Karachi East.
My conscience was not satisfied with the present situation in the country regarding judiciary,'' Khan told reporters. There was burden on my conscience. I cannot continue in my job.‘’
1 st Civil Judge Panu Aqil Rajesh Chander Rajput’s resignation was received in district and session judge Sukkur.
While talking to Geo News, Rajesh Chandar said that he was resigned to register his protest over current judicial crisis in the country.
Also on Monday, Civil Judge and Judicial Magistrate Allah Bachayo Gabol submitted his resignation in the office of district and session judge East
Re: Pakistan's top judge is suspended (Merged)
off topic but do these media 'giants' proof read their news? I mean if their attention to detail to the composition is so bad, i wonder how bad their attention to detail is on facts, statements and double checking that stuff.
Re: Pakistan's top judge is suspended (Merged)
off topic but do these media 'giants' proof read their news? I mean if their attention to detail to the composition is so bad, i wonder how bad their attention to detail is on facts, statements and double checking that stuff.
Dont ask..grammar and spelling mistakes r horrendous in Pak media.