Katju, a retired judge of the Indian Supreme Court, said that “Section 248(2) of the Pakistan Constitution states: No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistan President
Katju said that Pakistan Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint which is expected of the superior Courts. “The Constitution establishes a delicate balance of power, and each of the 3 organs of the State, the Legislature, the Executive and the Judiciary must respect each other, and not encroach into each other’s domain, otherwise the system cannot function,”
“It seems to me that the Pakistan Supreme Court has lost its balance and gone berserk. If it does not now come to its senses, I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the Pakistan Supreme Court, particularly its chief justice
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
I have been saying this all along that concept of judicial restrain very important for working of the system. The CJ is not only undermining the system, but he has been acting like de-facto chief executive himself.
KARACHI: The Pakistan People’s Party (PPP) is making preparations to table an amendment to the Constitution for the impeachment of the chief justice, writes Nazeer Leghari.
The proposed constitutional amendment draft consists of four paragraphs and four sections; sections 3 and 4 of the proposed amendment are related to the impeachment of the chief justice. Its Section 3 says the Senate with two-thirds majority can impeach the chief justice.
It is worth mentioning here that the Philippines Senate impeached Chief Justice Renato Corona, who was accused of concealing assets worth $2.4 million. The impeachment trial of the Philippines chief justice continued for four months and was shown live on television.
Section 4 of the proposed constitutional amendment says the impeachment process will start with a resolution, which would be required to have the signatures of at least half the members of the Senate. The proposal says the chief justice could be declared disqualified after the impeachment trial.
Sections 1 and 2 of the proposed amendment are related to the Supreme Judicial Council. Section 1 says only one senior judge of the Supreme Court, except the chief justice, will be included in the Supreme Judicial Council. Section 2 says chief justices of all the four high courts will be included in the Supreme Judicial Council as its members.
PPP leader Taj Haider has prepared the draft of the proposed constitutional amendment regarding the impeachment of the chief justice and reconstitution of the Supreme Judicial Council.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
Where does it say Prime Minister? I have that simple question. Any lawyer knows. Hell a first year law student knows that if it isn't explicitly stated it does not apply. The Governor is not the Prime Minister. The Prime Minister is not the Governor. I would recommend that the Indian Supreme Court Justice learn basic English.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
Where does it say Prime Minister? I have that simple question. Any lawyer knows. Hell a first year law student knows that if it isn't explicitly stated it does not apply. The Governor is not the Prime Minister. The Prime Minister is not the Governor. I would recommend that the Indian Supreme Court Justice learn basic English.
Having hard time comprehending simple English? The SC was ordering the PM to violate the law:
"Section 248(2) of the Pakistan Constitution states: No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office."
In other words, the SC was asking PM to prosecute the president in violation of article 248(2).
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
So now we will court judges from across the border to tell us how to run business, simply great, and then we cry why we have got Raja Pervaiz Ashraf as our PM!!!
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
**Where does it say Prime Minister? **I have that simple question. Any lawyer knows. Hell a first year law student knows that if it isn't explicitly stated it does not apply. The Governor is not the Prime Minister. The Prime Minister is not the Governor. I would recommend that the Indian Supreme Court Justice learn basic English.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
Where does it say Prime Minister? I have that simple question. Any lawyer knows. Hell a first year law student knows that if it isn't explicitly stated it does not apply. The Governor is not the Prime Minister. The Prime Minister is not the Governor. I would recommend that the Indian Supreme Court Justice learn basic English.
His point is that SC in Pakistan charged PM because he did not follow court order of writing letter and PM's argument was that President has immunity (which president has). Hence SC's order was unconstitutional and court can not punish PM because he did not follow unconstitutional order.
He is not saying anywhere that PM has immunity.
No need to get ticked off because it coming from "Indian" judge. No one is asking them how to run Pakistan. It was just another point of view that I posted. How about we talk about merits and demerits of what he said instead of "oh bloody Indian"....
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
I would ask the SC Justice of India how would he have reacted if the Indian government refused to carry out the ruling of the Indian Supreme Court. The Government is not the judicial body. It has no authority to circumvent the ruling of the Supreme Court.
Put it this way would the US President ever not follow or adhere to the ruling of the US Supreme Court even on issues like Abortion or Homosexuality?
Look the PPP are idiots. I have been saying this for weeks now. This is what you do.
You write the letter. The letter states that according to the Pakistani Constitution the President has Immunity.
The Swiss courts state as per international law, our own rules and the Pakistani constitution states we can not open any cases.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
So now we will court judges from across the border to tell us how to run business, simply great, and then we cry why we have got Raja Pervaiz Ashraf as our PM!!!
He was merely giving his opinion. Whats wrong with that? Btw, what he said is pretty obvious excepts to esteem supremes of Pakistan
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
Don't you have impeachment of Supreme court cheif justice written in constitution and who has authority to appoint supreme court judge in Pakistan?
In India if SC gives a judgement, government can pass a law in parliament and can circumvent it like the case of Sherbano which gave birth to muslim personal law board.
The case of Swami Prasad Maurya used by Pakistani SC seems irrelevant as that case relates to Dalbadal law.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
Regardless of what are the technicalities of the judgement are, one this is certain: Zardari has accumulated millions of dollars in Swiss Banks, obviously through illegal means. If this was not true, the government would not be so hesitant on writing the letter.
Now the people who are supporting such a president: LANAT HO TUM PEY.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
hahaaaha. now lets ask indians how to run our country. great!
Its not about that. India has a better working constitution, so lets not get that fact escape our mind.
now coming to the comments made by the retired Judge, it is his right to analyze this comment based upon his experience. I read somewhere that teh gist of his comments was that CJ should have shown restraint. while we can say the SC did not show restraint, we must remember that judges are people too and their judgements come from the interpretation they derive from the wordings of a law. same words can be interpreted differently by different people. the indian judge might not have given this type of the punishment to the PM,but then he was not a judge in this political environment.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
hahaaaha. now lets ask indians how to run our country. great!
They have brought their country almost at par with the developed and civilized world. Their judiciary system is much much superior than Pakistan's banana judiciary system which had always supported dictators and shoved the constitution of Pakistan you know where. CJ and his son is involved in corruption but you guys saying that it is conspiracy against CJ because he is only after PPP government. He can not touch the holy cow, the army, ISI and other parties. At present Pakistan judiciary system is worse than that of kangaroo courts.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
I have a simple question for all of you support the Indian Justice.
Name one instance in one democracy where the President or Prime Minister has refused to carry out the ruling of the Supreme Court. If there is such an example good, provide it. Otherwise shut it. Not a single leader in a democratic state with a semblance of rule of law ever defies the courts.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
I have a simple question for all of you support the Indian Justice.
Name one instance in one democracy where the President or Prime Minister has refused to carry out the ruling of the Supreme Court. If there is such an example good, provide it. Otherwise shut it. Not a single leader in a democratic state with a semblance of rule of law ever defies the courts.
I think you don't get it do you? No CJ in the world is corrupt and biased against the government. Can you give one example of any CJ of the world whose son is involved in corruption under the guidance of his father. If you can not provide such example then better to shut it.
Re: Retired Indian Supreme court judge deprecates Pak SC verdict on Gilani
The CJ isn't corrupt or biased. No proof of that yet to quote you. That is what you say about all the rest yet when it comes to the CJ no need for proof eh?