Re: The Reference & The Judgement; Unanswered Questions
I really commend the President for not acting like a baby, as CJ has plainly done, in response to this judgement by the courts.
:)
Seriously, if Mrs. President passes away, I'm first in line to marry that guy.
Jori buhut sajey gi.
Re: The Reference & The Judgement; Unanswered Questions
It doesn’t matter, he is moderately enlightened.
Re: The Reference & The Judgement; Unanswered Questions
Close to 6 weeks and still no sign of the full court judgement on the CJ’s suspension case, which has to answer the questions as to holds the judges accountable. The unusual delay on the part of the Supreme Court is now making the free media ask those questions about accountability of judges. I hope the media does not as too many questions or else they will be hauled up before the CJ’s court on “contempt of court” charge. 
http://www.dailytimes.com.pk/default.asp?page=2007\08\27\story_27-8-2007_pg3_3
VIEW: Judicial activism —Syed Mansoor Hussain
If we are going to see greater judicial activism in the future, then it is also imperative that the people have a better idea of the mindset of the judiciary and what sort of things they might wish to address in a ‘suo moto’ fashion. Liberals like judicial activism when the judiciary intervenes to end social and political injustice. This was especially true in the US when it came to dismantling remnants of racial segregation and the rulings on the famous Roe v Wade case that legalised abortion. However, the US Supreme Court is now firmly on the conservative side and liberals are worried now about activism that goes against their wishes. Right to abortion on demand is under threat and affirmative action or government programs to redress social imbalances created by segregation and slavery are likely to be phased out. As liberals now realise, judicial activism cuts both ways. In this there is perhaps a lesson for the liberal establishment in Pakistan. Most liberals and moderates supported the Chief Justice of Pakistan when he was suspended and many participated in the campaign to have him restored. After the reinstatement of the CJ, the Supreme Court is reinvigorated and is flexing its judicial muscles. This is good for after all the senior judiciary is the protector of the constitution and the rights that Pakistanis have under it. The recent ruling about the Sharif brothers asserts the right they, like other citizens, have to return to Pakistan. In the run up to the presidential election, the Supreme Court of Pakistan will most likely be asked to decide whether General Pervez Musharraf can contest the election for president while he also serves as chief of the army staff. And, I will also be waiting to see what the court has to say about the equivalence of madrassa qualifications and a bachelor’s degree from a recognised university. However, what most interests me at this time is whether the Supreme Court will be able to maintain its effectiveness in the future when the present CJ is no longer there. The present political drama will be resolved over the next few months. But superior courts will always be needed that are impartial and have the will to successfully arbiter disagreements between different branches of government; uphold the constitution and enforce the rule of law. The reason why the present Supreme Court is willing to take on cases that it seemed to avoid before is without doubt the public support that the CJ received during his suspension. One way to assure that future courts also have public support is to institutionalise such support through the legislatures. The US system of ‘advice and consent’ by the Senate for judicial appointments is perhaps a model that can be modified for use in Pakistan. If members of the senior judiciary are confirmed by a majority of the Senate or the provincial assemblies, they will then have implicit, though indirect, support of the people. This will allow them to function with greater confidence and perhaps be less amenable to intimidation by the executive or the legislature during their judicial tenure, as would fixed tenure limits that are not subject to extension. Most importantly members of the legislature can also question every candidate during confirmation about their views concerning different issues that face the nation. Even though it is politics that is uppermost in our minds today, there are other important issues in our society that urgently need to be addressed by our courts, including, I suppose, kite flying during Basant.
**I, for instance, would like to know many things about candidates for the senior judiciary before they are elevated to the bench. I would like to know about their qualifications, their previous political affiliations, their opinion on matters pertaining to the rights of women and minorities and yes, what they think about ‘the law of necessity’. Arguably, religious extremism and the violence it breeds is one of the most important problems that confront Pakistan today. Many of us in Pakistan and abroad are really interested in finding out where exactly the present Supreme Court of Pakistan and other superior courts stand on this issue. And in the present environment, what sort of action they might be willing to take in this connection. **
If we are going to see greater judicial activism in the future, then it is also imperative that the people have a better idea of the mindset of the judiciary and what sort of things they might wish to address in a ‘suo moto’ fashion. This is important because the senior judiciary is empowered by the constitution to take action on its own on important matters. In this connection, it is extremely desirable for the courts to use this power selectively. Traffic problems in Karachi might be horrendous but in my humble opinion such matters should not ‘seize’ the most honourable judges of the Supreme Court of Pakistan. I cannot, for instance, ever imagine Justice Alito of the US Supreme Court, a New Jersey native, ever taking any official interest in traffic jams on the Garden State Parkway, and from personal experience, I can say that these can be pretty bad. Most liberals like me would like to see a judiciary that takes an active interest in human rights issues and is willing redress grievances of ordinary citizens that would otherwise go unheard. In this, the present Supreme Court has been quite effective as far as the ‘missing persons’ cases are concerned. However, it would have endeared the Supreme Court of Pakistan a lot more to me if the honourable judges of the Supreme Court of Pakistan had taken cognisance of all the women rotting in jails who are there because they could not prove that they had been raped. Or for that matter, if the court had found relief for all the non-Muslims incarcerated on often trumped up charges of blasphemy. So, for the liberals in Pakistan, an activist judiciary might not really be what they want. It is worthwhile to quote St. Teresa of Avila: “Answered prayers cause more tears than those that remain unanswered”.
Re: The Reference & The Judgement; Unanswered Questions
The opinion of the people.
http://www.dawn.com/2007/08/24/letted.htm#1
Judicial activation
THE judiciary, the media and a majority of the public is rejoicing over the triumph of the chief justice of Pakistan, Iftikhar Muhammad Chaudhry, in obtaining justice. Indeed it’s a historical moment in the 60 turbulent years of Pakistan, as never before has the nation witnessed such a judicial activation and solidarity among all the segments of the judiciary. The nearly four-month-long mass movement led by the chief justice had indeed taken a great leap towards strengthening this important pillar of power. This is bound to effect the creation of an essential balance of power between the executive, the legislative and the judiciary, necessary for establishing a true democratic society based on social justice. **But the manner in which this movement was conducted has also aroused some legitimate concerns:
Why did the chief justice deem it essential to initiate a mass movement in favour of his rightful stand rather than confining it to the court room? Didn’t he have faith in his own team of judges or was he contemplating a different fate? Would the chief justice like to advise the common man to use the same recipe and utilise street power to obtain justice, without harbouring any fear of being caught behind bars for contempt of court?**
Or would he like to bring about revolutionary changes in the working of this esteemed institution so that no pressure of any kind would be able to impede the delivery of justice to even the weakest person in this country? This great movement became instrumental in infusing new life into an otherwise flaccid body of the opposition. Workers of different political parties freely participated in the processions led by the chief justice and were even allowed to bring their party flags and deliver speeches in his favour at reception camps arranged by the bar councils at different parts of the country. Thus there seemed to be a deliberate attempt to make an otherwise purely judicial issue into a political issue. Should this methodology be allowed to be adopted by others to obtain justice? Rendering allout support to the movement by the leaders of the major political parties belonging to the opposition camp must have made a soft corner in the heart of the chief justice, while names of the leaders belonging to the ruling alliance must have been written with permanent ink in his ‘bad book’. Now after being reinstated, would he be able to maintain his impartiality and not allow any biases to influence his performance while dealing with any of the above? The membership of a few imminent lawyers was struck out from the bar’s register since they dared to express their support to the presidential reference. Doesn’t a free democratic society have the right to make independent choices and opinions? Was taking such a punitive action, while the proceedings were still going on, not one way of influencing the court to get the desirable results? Addressing these concerns is important not only in order to keep the momentum in the right direction but to also prevent masters from becoming monsters and saviours turning into exploiters in future. It is not only in the best interest of the public but also for the judiciary itself to address these concerns in the best possible manner, as the means to reach the end is as important as the end itself.
DR M. WASIM MIRZA
Jhelum
Re: The Reference & The Judgement; Unanswered Questions
Any answers yet?
Re: The Reference & The Judgement; Unanswered Questions
Any answers yet?
Nope, 40 days and still no sign of full detailed judgement of the Supreme Court. More and more people are now asking questions about how the judges should be held accountable, and even questioning some of their biased judgements.
Re: The Reference & The Judgement; Unanswered Questions
RP, please name some of people from the crowd rioting for judgment?
I know u'll take the usual course of hit and run but just in case..u know