Speculate on what will happen on judicial front

A significant development has taken place after the detailed remarks of one of the judges who said the petition was not maintainable were made public. It clearly showed the mind set of this judge. Although it will be very difficult to find legal justification for judges to allow Musharaf to contest the presidential election what will happen from now onwards. Some of the likely scenarios can be:

  1. Ten member bench will grant stay against presidential elections and eventually give judgement against Musharaf.

  2. Bench will not give stay against elections and allow the elections to take place on 6th October and eventually decide after the election that they can not do anything as the electorate has spoken…

  3. Outright discharge the petition against Musharaf before the presidential elections on the ground that they do not want to derail the democratic process in the country…

There may be some other scenario, come on GS forummers let’s speculate…

Re: Speculate on what will happen on judicial front

Come on guys...

Use your imagination and speculate on likely scenarios !!!!!!

Re: Speculate on what will happen on judicial front

Ok yazdi. My gut feeling is that it will be No.1 "Ten member bench will grant stay against presidential elections and eventually give judgement against Musharaf."

That is because Supreme Court is trying to give both kinds of judgements trying to please both sides, in the process it has stained it's own reputation, but leaving govt and opposition to continue fighting on between themselves.

Re: Speculate on what will happen on judicial front

Reza any other scenario comes to your mind apart from these three as what can happen ???

Re: Speculate on what will happen on judicial front

Probably number 3 b/c most of the judges on this bench are pro Mushrraf including Justice Iqbal, the presiding judge.

Re: Speculate on what will happen on judicial front

My gut feeling also is what you have mentioned as the composition of bench has totally demoralised the opposition....

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Re: Speculate on what will happen on judicial front

JUdges are pro-musharraf?
But why?

Re: Speculate on what will happen on judicial front

yazdi, we can discuss scenario's as much as want, but the real facts (not apparent to some) is that those decisions as to who rules (or continues to rule) Pakistan are being made by much higher powers. Neither the Supreme Court or the opposition parties are really deciding this, that's all just drama to befool the people. I continue to maintain that Musharraf would actually prefer a negative judgment of the Supreme Court, as that will allow him to remain President & COAS until after the next elections and govt are in place i.e. Feb/Mar 2008.

Re: Speculate on what will happen on judicial front

Infact you are right if the whole process is delayed it will go in Musharaf's favour because lately he has been acting very stupidly and needs time to damage control.

However not withstanding small battles won by military rule mind frame of the nation is against military rule presently. I think this transition is taking place more rapidly than we think.

With the present status of media things have really changed in last 8/9 years. Although establishment and external forces will try to decide things for Pakistan but to some extent now they can not afford to ignore the mindset of people. It is very difficult for supreme court, military, America or anybody to completely ignore people.... It's not like past....

Re: Speculate on what will happen on judicial front

Whatever, happens President Musharaf, General Kiani, and rest of the Army is there for the long haul to save Pakistan.

If President Musharaf is not allwowed to stand for re-election by the current assemblies, he with with PML (Q), MQM, PPP and JUI getting 2/3 majority at the next general elections, will be rubber stamped as President again.

Good to see Free Judiciary playing its part in Pakistan.

God Bless President Musharaf. God Bless Pakistan. God Bless the Free Judiciary. :jhanda:

Re: Speculate on what will happen on judicial front

You are probably right…

However to achieve the scenario you have mentioned they have to resort to massive rigging of the elections…

The second term of Musharaf may not last a long time…Also credibility will be lacking and opposition will be tougher.

For the time being let’s speculate on judicial front and forget what will happen after that…

Re: Speculate on what will happen on judicial front

Tomorrow it will be decided if we are having presidential elections on 6th or not…

http://thenews.jang.com.pk/updates.asp?id=30186

President’s nomination: SC decision on stay order plea likely tomorrow
Updated at 1415 PST
ISLAMABAD: A 10-member larger bench of the Supreme Court adjourned hearing of the constitutional petitions, challenging validation of General Musharraf’s nomination papers in the presidential election, till tomorrow (Friday).

Counsel of Justice Wajihuddin, Hamid Khan Advocate in his arguments Thursday pleaded for stay order about presidential election.

Attorney General Malik Qayyum opposed the plea and contended that the presidential election being held in accordance with the constitution and the law.

Justice Javed Iqbal said that the plea for stay order will be decided tomorrow.

Earlier, in the morning Justice Javed Iqbal in his remarks during the hearing said why not a contempt of court notice is issued to Justice (retd) Wajihuddin on his continuous objections over formation of the Supreme Court bench.

He said Justice (retd) Wajihuddin has objected over five judges of the bench, will he wants constitution of the bench according to his desire? He asked why not a contempt of court notice is issued to Justice (retd) Wajihuddin.

Counsel of Justice Wajih, Hamid Khan Advocate said he was unaware what his client has said but he apologizes if the statement is contemptuous.

The bench consists of Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramday, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Syed Jamshed Ali and Justice Ghulam Rabbani.

The lawyers’ presidential candidate Justice (retd) Wajihuddin and Peoples Party’s candidate Makhdoom Amin Fahim have filed constitutional petitions against the election commission’s decision under Article 184-3 of the constitution.

Re: Speculate on what will happen on judicial front

I believe the general elections will be free and fair. The losing party as usual will moan and groan about they not being fair. It will be a win-win situation for President Musharaf whether getting elected from current assemblies or the next.

I have a feeling the judges will defer their decison until after 6th October, allowing President Musharaf to get elected by the current assemblies. Not long to wait to find out which way the Free Judiciary goes. :slight_smile:

God Bless Pakistan. God Bless President Musharaf. God Bless the Free Judiciary. :jhanda:

Re: Speculate on what will happen on judicial front

The way Musharaf has acted in last 6 months nobody seriously believes the elections will be fair.

Do you believe it is fair to get elected as a president from out going assemblies without going in to legal debate???

If he wanted to give a fair choice to the people he should have resigned as a president and conducted the elections under a real neutral set up. Any elections without giving level playing field to every one are rigged…

Re: Speculate on what will happen on judicial front

I hear what you are saying. He is only doing what is believed to be allowed within the current rules. The Free Judiciary can always stop him.

You have to give credit to President Musharaf to at least get the SC to decide, which they did last week, and will do again tomorrow.

Good to see the Free Judicary playing its part.

God Bless Pakistan. God Bless President Musharaf. God Bless the Free Judiciary. :jhanda:

Re: Speculate on what will happen on judicial front

General tried his best not to let SC decide freely on anything by taking action against CJ on 9th of March. He did not like SC judgement on Steel Mill and does not like SC freely judging now…

He could not stand against public and media pressure openly…

Re: Speculate on what will happen on judicial front

Bhaijan, the Free Judiciary made its judgement in reinstating the CJ, and the Free Judiciary gave its decision last week.

The Judiciary is Free. But people call it not free when they don’t like the decision.

To President Musharaf’s credit, he accepted July 20 judgement and moved on.

God Bless Pakistan. God Bless President Musharaf. God Bless the Free Judiciary. :jhanda:

Re: Speculate on what will happen on judicial front

Why he didn’t like free decision on steel mill and sacked CJ on 9th March ???

Re: Speculate on what will happen on judicial front

Bhaijan, in 2005 he did accept the decison of the CJ. Has the Steel Mills been privatised?

Time to move on and give Credit this great Leader. Let’s not get bogged down by our dislikes.

God Bless Pakistan. God Bless President Musharaf. God Bless the Free Judiciary. :jhanda:

Re: Speculate on what will happen on judicial front

judiciary is not free and impartial. decisions taken the last year or so clearly states that SC is like a lame duck. they come up with rulings but lack the power / authority to enforce them. NS case is one example. despite the ruling, he was deported back to SA and SC did nothing. mushy may not have gotten lots of decisions in his favor but he is still the leading authority over every institute and can have things his way, doesn't matter how they come. one example being the granting of amnesty to BB n her group. where is the law now? not a single squeak out of them. further, mushy does have his influence on SC. he may have lost his battle against CJ but got rana bhagwandas as a favorable outcome, all just by appointing him as CJ [even if for a few months/it was a win-win result for mushy in the end].