Re: Viewpoints from Sindh
Article 209 says that the CJ is part of the SJC... If the CJ is the one on trial, then there is no one to sit on the bench of the SJC...
The person who should be CJ, isnt there, so they choose someone with a bias towards the cj... The CJ has the right to demand a non biased SJC... The SC determined that this case could not be tried by a SJC that is stacked unfairly against the CJ. Who are we to disagree with them? If Mush has a problem, then go back and refight the case.
The SUPREME COURT, has the constitutional right, as it is its resposnsibility to decide how Article 209 should be applied. Under the circumastnaces, the SC decided it had the authority to try the CJ because the SJC cant be headed by the CJ or the person tht should take his place... The SJC would not be valid as they would not provide a fair case against the CJ.
If Mush doesnt like it, then bring another case against the CJ.
If Mush or you think this is corruption, then they should go back and take constitutional measures to make sure this loop hole is covered... But Mush doesnt know anything about democracy or how it functions so he is incapable of doing such.
The SC found the CJ innocent... Thats all that counts.. If Mush doesnt like it, go to the Parliament, and amend the contitution to cover this legal loop hole.
The supreme court followed the law and their verdict was given after the tried the CJ. Unlike Mush, the Supreme Court only interprets the Law, which is its mandate.. Mush is the one who abuses it... The Supreme Court of any country has the responsibilty of interpreting laws, it not up to the executive.. Executive only makes the laws. Its the SC that determines it application.
You have yet to present exactly what the CJ was guilty of by the way... Specifics please...
If CJ Iftikar is guilty of interferance, then everyone else is guilty of the same thing... I think Pakistan needs some sort of accountability.. Lack of accountability is something that is prevelent in Pak... It leads to crisis, acccidents, deaths.. If Mush isnt going to do it, thank god the CJ is.
Besides, how ridiculous is it that a man who claims to be both president and COAS, can accuse the CJ, the head of a legitimate democratic institution, of interfering in things that arrent within his mandate! Come on!
As for Judicial corruption, the CJ and other justices have proved the contrary, while the Mush govt have been shown to increasingly corrupt... So why should we buy the whole corruption charge?
This was clearly a move to establish the writ of the state on Supreme Court... The CJ stood up to the corrupt, demanded accountabilty, thats all..
This is clearly an attack by the feudal/militsry establishment to perpetuate its control and not allow for demoratic institutions to challenge the anti Pakistan establishment.
This obviously reflectes problems within the judical system of Pak... Its should be fixed, but only through contitutional means... There is somehting that has to be done, a mechanism in place for such situations. But that would requre amending the Constitution through the Parliament.. Mush, not representing democratic institutions, with his rubber stamp Prliament fell into his own trap... If this Mush mangled Constitution can serve the intrests of a dictator, then it can also be interpreted to serve the intrests of democracy by not allowing the CJ to be resigned for trivial reasons. Mush fell into a constitutional trap...
If you think the CJ got away with MURDER, then so be it... So has Musharaf and everyone else in his Govt. But for some reason, you hold the CJ up to some higher standard then everyone else...
If CJ can be tried for trivial BS, then so should all others be held accountable, or no one at all.