Pakistan's top judge is suspended (Merged)

Flame_of_Life · April 13, 2007, 10:09pm

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

My sentiments mirror those of Icon :D

Mr_Fraudia · April 13, 2007, 10:12pm

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

bilkul bilkul :) i dont like ppl touching my hands, i prefer they touch my feet.

Mr_Fraudia · April 13, 2007, 10:18pm

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

Flame_of_Life:

again the law is not of the CJ's making. This is how it is. Its not an excuse really. What could be the CJP's motivation to stop a judge he trusts from forming an opinion about him? Just think about it. Doesnt make sense to me. Obviously there r some reservations in CJP's mind abt some judges so he wants them out. Simple as that. Moreover, the law gives him a right to question the composition of the judges. Whats the issue then?

The defense has issues with Justice Bhagwandaas or anyone from becoming an acting CJ when the CJP is still around. And the govt. knows they r right. Take a hint from the the change in govt's stance from suspension to forced leave. At the same time, consider that the SJC under Justice iqbal issued orders that mirrored most of what the govt. was saying. Instance:

CJP suspended

No one allowed to report on SJC proceedings

SJC proceedings in camera.

1,2 r out of the ambit of the SJC. Its just a tribunal. It can NOT issue orders. 3: this statement was made by Justice Iqbal the day Aitezaz Ahsan filed a petition for open trial. Needless to say Aitezez Ahsan was only highly amused when he appeared on TV that night.

does suspension not mean the same as forced leave? cops in u get suspended all the time sometimes with pay somtimes without pay. while they are suspended they cant have access to police stuff, have to turn their badges and weapons etc.

So, basically govt and ifti's lawyers will have back and forth on the composition of the council until they agree, kinda like a jury is picked with both the prosecutor and defense able to question ppl in the jury pool?

is an agreement on that possible?

Flame_of_Life · April 13, 2007, 10:31pm

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

Nope. A CJ or any justice of the higher court cannot be removed from service without going through the whole business of SJC. Constitution does not even use the term suspension for the justices.

Forced leave is a presidential ordinance first issued by dearest Yahya in 1970 in a reference against another SC judge..i forget the judge's name. It was revalidated along with 280 other acts of the martial law regime in 1975. I dont think it was properly scrutinized by the parliament and validated lumped with other acts. In its essence it is in contradiction to the constitution and has been challenged in the SC. I doubt it will survive proper legal scrutiny. So yeah..the govt. has its plate full.

No. The defence counsel can only present its objections to the council. No one has any powers to remove any judge from the council. Not the president, not the CJ, not the acting CJ. Its a judge's personal decision. Usually though, when someone questions a judge's appointment, they withdraw voluntarily.

Mr_Fraudia · April 13, 2007, 10:35pm

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

thanks for the info

it still seems rather convoluted.. the process, I mean one can then keep questioning and obkecting to judges until one gets the composition that would be in one's interest, and if not then claim the council is biased.

I see that on the horizon.

Flame_of_Life · April 13, 2007, 10:43pm

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

Dont u remember the Z.A.B. case? :p

Like i said..usually a judge withdraws the moment someone questions his appointment. It hasnt happened here yet. and to be very honest, I dont see it happening in the future either. The defense counsel has valid arguments, in my opinion but if anyone had to leave, they would've left by now. Once the judges decide whether they want to stay or leave, people can give their opinion but in order that the justice is done, and more importantly seen to be done, its best the judges withdraw. When u have secrecy..like in camera trials, people make their own news. When u have judges that dont withdraw, people will questions their motives.

FYI: Its likely that the SHC CJ is going to withdraw. He practiced law with Munir A Malik, who is representing the CJP. Additionally, his son works for Munir A Malik.

Zakk · April 14, 2007, 3:11pm

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

FoL naeem bokharis interview from newsline, apparently he wanted to be treated better:

“I wanted that I be treated in the same manner as he treats Sharifuddin Pirzada”](newsline.com.pk - This website is for sale! - newsline Resources and Information.)

Naeem Bukhari

By Mazhar Abbas

Back

      While almost all Pakistani lawyers, in an unprecedented show of solidarity for Justice Iftikhar Chaudhry, brought the country’s legal system to a virtual halt for several days, there was one voice of dissent that sparked the entire controversy: senior lawyer and popular TV anchor Naeem Bukhari. It was Bukhari who wrote the letter against Supreme Court Chief Justice Iftikhar Chaudhry that is said to have set the presidential reference rolling.

      An anchor for Hum TV’s Andaz Apna Apna, a reluctant Naeem Bukhari agreed to be put on the mat in the same programme by Mazhar Abbas. After this interview, at least three people he named in the letter – Justice (r) Fakhruddin G. Ebrahim, PPP-P leader Babar Awan and advocate Sheikh Akram – have disowned that they had any role in it.

      Meanwhile, Bukhari claims he was inundated with scores of emails from lawyers who appreciated his letter, and then there was this noted businessman who called him up and assured him of his support.

      Newsline reproduces excerpts from a transcript of the interview conducted at Naeem Bukhari’s Islamabad residence.

      Q: Do you regret your letter against Justice Chaudhry, particularly now, when it is being rumoured that your letter formed the basis of the reference against the Chief Justice of Pakistan (CJP) that led to him being made non-functional?

        A: No, I have no regrets. I own each and every word of it, and I would write it again.

      Q: But your own colleagues have disowned you?

        A: I respect their views. Hamid Khan and Munir Malik are my mentors. I have not written the letter in one sitting. In fact, I did discuss it with PPP leader Babar Awan. I did not show him the letter, but he did agree with my intent to write a letter to the CJP. The other person whom I discussed the letter with was Sheikh Akram. I even asked him if he’d defend me in case any action was taken against me, and he said he would. The third person to whom I actually showed the contents of the letter was my wife. She asked me about the worst-case scenario in case the letter was published. I told her that I may be sentenced to six months to a year. Her reply was, “It’s not such a big sacrifice if you think you are on the right path.”

      However, Hamid Khan did tell me that by writing this letter I had created problems for him.

      Q: There is a general public perception that the publication of your letter against the suspended CJP was meant to please your friend, General Pervez Musharraf?

       A: He is not my friend, nor was I trying to please him. Is he my friend because I interviewed him seven times or because at some function he asked me, “How are you, Naeem?” There were genuine reasons for writing that letter to the Chief Justice. It has to do with a lawyer’s dignity. I have great regard for Justice Chaudhry. I, in fact, wanted him to be the Chief Justice and played my role in it. But he disappointed me and many others because of his arrogance.

      Q: But you do realise that the contents of your letter could have provided the basis of the reference against him?

        A: I don’t know because I have not seen the reference. I wrote the letter on February 16. I was surprised why the Chief Justice did not take suo moto action against me. He could have tried me for contempt. I was prepared for that. A lawyer filed a contempt of court petition against me and the petition did come up for hearing, but surprisingly it was withdrawn.

      I sent the letter to all Bar Associations, senior lawyers, but no Bar took any action against me. It was only after this reference [was filed] that I was told that the Punjab Bar Council had suspended my membership. (Bukhari’s counsel, Aftab Gul, later told me that the cancellation of his membership was challenged in the Lahore High Court and has now been restored).

        Q: You have accused the CJP of very petty issues like asking for cars and a helicopter for travel. Are these charges strong enough to stick?

        A: I felt that a person holding such a [high] office should not care about extra protocol or a Mercedes. However, what really disturbed me was his treatment of lawyers. I wanted that I be treated in the same manner as he treats Sharifuddin Pirzada.

        Q: So it appears that your ego was hurt?

        A: If a person does not have an ego, what else does he have? However, it’s the dignity of the lawyers that I’m concerned about. The incident that really disturbed me had to do with Raza Kazim – a lawyer I hold in great esteem. It happened during the hearing of one of his cases. The way he was humiliated was shocking for me.

        Q: You said in your letter to the CJP that the lawyers community could revolt against him. But on the contrary they have revolted against you and sided with him.

        A: Well, there are people who agree with me, and there are lawyers who have a different perception.

       Q: So will you join the protests of your own community?

        A: If my leaders Hamid Khan and Munir Malik ask me to.

Zakk · April 14, 2007, 3:13pm

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

Forced leave is also commonly used as a way of getting rid of undesirable Civil servants . Somewhere earlier in this thread there was a wonderful argument by Mush supporters where they imagined a CJ could be suspended..they oddly went quiet when the government realised therewas no legal basis for it!