CJP gave these remarks while hearing the Pakistan Lawyers forum’s petition against Musharraf’s unifrom and the 17th amendment.
Will be interesting to see the kind of political bind Musharraf and Pakistan will find itself in if SC declares Musharraf’s unifrom illegal and strikes down the 17th amendment.
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
Well, the Constitution is very clear. Anyone with 5th grade education can tell you that the constitution doesn’t allowed government employees to run for political office, and Mushrraf being a government employee can’t run for political office. That’s illegal and unconstitutional, just like his hold on power has been illegal and unconstitutional for last 8 years. Having said that, it would be interesting to see what he does if SC pulls the rug of legitimacy under his feet.
BTW, problem with our country is that none of our rulers really care about the constitution or what it say. They will change it & manipulate the system to fit their needs. However, now onward, they might have slight problem…ie the independent judiciary.
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
CJP is acting like a kid. Got a new stick in his hand and ready to bash every head which belongs to GOVT's group
He does not realize that him, all of of sudden, trying to take the whole nation thorugh new reform and hitting the governing structure left and right, will leave the nation at higher state of unrest.
You make a disobedient child better by working on one of his bad habbit at a time.
He should stop acting like a super hero and stop trying to make things OK, overnight, cause that will result in higher chaotic situation in Pakistan
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
I just cannot believe all the good work he is showing that he is doing is without a reason. In my reality he is the person, who strongly believes in nepotism and misuse of power: two of the worst kind of corruptions in Pakistan.
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
would CJP then also go after people who gave musharraf the authority to do that and the whole LFO thing.
You know what lets do it, declare his rule illegal and ask himt o setp down, tell him he has to wait 2 years before he can run for office, keep the 2 term limit for prime ministers, oh and btw all the people who were involved in his illegal rule asked to step down, including the judges who went against the constitution.
fair?
I disagree. That might be the "RIGHT" thing to do but right things make sense when they are done at the right time in right manner.
We dont have any one to replace musharraf, now. As bad as he is, the rest of the crowd is nothing but pure evil.
You get rid of Musharaf at this time and you are left with Mr. 10% or Sharif family.
And what will happen if Nawaz comes to power. MMA, PTI, PPP, ANP and everyone will gang up, will have secret meetings with Cheif of ARmy and start requesting him take over
Will CJP talke action against those politicians, then.
CJP is not on the mission of the supermacy of Justice. He is on the mission against Musharraf. He does not realise that he pushes Musharraf anymore and Musharraf will impose Martial law and CJP will go home
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
^^ Reality is this that Mushy nay ab tuk apnay per phailaa'yaa hee naheen hain. Agay Agay dekhyaay hotaa hai kiya
I have a conspiracy theory. My thoery is this that CJP is Musharraf's man, working on his agenda to create such a chaos in Pakistan that Msuharraf can justify to international world that Martial Law is the only option
You think that Musharraf is afraid of Media or SC or polticians. He gives a damn to them. He is only afraid of Khan Bahadur Goergy baby.
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
if this is true, then it is the stupidest thing i have ever heard. 1973 constitution is not a divine document created to exist in its unmodified form for all of eternity. constitution of pakistan is a man made document which reflects the wishes of pakistanis whose views are represented by members of national assembly. thus spirit of constitution can only be determined by people of pak because they are the ones who are responsible for making it. supreme court's task under the constitution is to ensure that all laws of pak comply with constitution. supreme court cannot tell people of pak that pakistani people cannot amend a document made by the people in the first place. for example if pakistanis want a presidential form of government and they provide 2/3rds majority to a party advocating presidential form of government, then the supreme court cannot stand in the way because otherwise judges of supreme court would be deemed to have more power than the people of pakistan. btw 6th amendment to pak constitution pretty shows who is the boss. google it up.
also to me the fact that supreme court would entertain challenges to their own judgement indicates that supreme court now wants to grab political power. musharraf would be well within his rights to impose martial law should supreme court annul laws it declared legal in the first place. no govt can function if every single one its actions are challenged in the supreme court even those that were previously declared constitutional. while martial would be negative in the short run, its a lot better than having destiny of pak being controlled by a bunch o bozos siting in the supreme court.
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
Yes.
some people r so touchy and if ANYONE had actually taken the time out to read CJ’s observations in today’s proceedings, they would realize he was siding with Mush. :no:
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
would CJP then also go after people who gave musharraf the authority to do that and the whole LFO thing.
and who is that? The MMA/Q League?
what do u mean "go after the people"? Should he jail them/hang them/ disqualify them? The "LFO thing" was made part of the 17th amendment. Whats the penalty to the politicians if they enact a law that is contradictory to the constitution?
You know what lets do it, declare his rule illegal and ask himt o setp down, tell him he has to wait 2 years before he can run for office, keep the 2 term limit for prime ministers, oh and btw all the people who were involved in his illegal rule asked to step down, including the judges who went against the constitution.
fair?
if his rule is illegal then all the rules made by him should be declared illegal too, including the ban on prime ministers. No? And if some judges have to be sacrificed for end to military rule, sure. Why not? Contrary to what Mush has his fan base believe, no one is indispensable. But are we asking for mushy's end out of conviction or r we demanding his end cuz someone has stepped on his toes and like el presidente said himself, we must land the last punch?
Re: SC to determine if 17th Amendment altered the basic structure of the constitution
Yes, I’m pretty sure. According to article 43 Mushrraf cant be president.
Conditions of President’s office.
(1) The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.
(2) The President shall not be a candidate for election as a member of [20][Majlis-e-Shoora (Parliament)] or a Provincial Assembly; and, if a member of [20][Majlis-e-Shoora (Parliament)] or a Provincial Assembly is elected as President, his seat in [20][Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.