Re: Viewpoints from Sindh
I would agree with you, but there is nothing in this case to agree with. And I have given you all kinds of evidence to support the Anti Mush arguments, and you dont agree to anything, but here we go again, let me try anyways:)
I answered this whole thing in depth in a few weeks ago... I dont know if you read it or not...
To summarize..
Article 200 something that Mush used to call out the CJ, doesnt apply to the CJ...
If it doesnt apply to the CJ, then its up to the SC to define how the law should be applied. That is the role of the SC.
The supreme court decides that in this case the SJC does not have the authority to try the CJ. This pronouncement is in accordance withe the constitution, as again, its the job of the SC to define how the law is applied.
I think you mean article 209. Well, you are wrong to say that reference against CJ cannot be sent using article 209. That is different matter that corrupt judges of SC showed that they do not know (or want to accept) English or words of laws ... and the reason is obvious, that is ... they are corrupts ... and that is the reason I consider them as corrupt as Iftikhar.
If you do not believe me, read the article 209. According to article 209, reference can be sent against any judge (including CJ)
As for composition of SJC ... what corrupt SC judges argued twisting clear wordings ... wordings what even A level student could understand is the reference to supreme court judges ... and these corrupt judges assumed that what applies to Supreme court judges in SJC is different than what applies to CJ ... but they are absolutely wrong ... because CJ in part of SJC ... not just as CJ but as Supreme court judge.
Read the article and you will understand.
Example: Pakistan Cricket team ... Captain of the team is part of team in same way as other players and what applies to other players apply to captain too.
For instance ... if particular Articlae in cricket law says that ...
'If there is investigation against a player ... Captian and two most senior players in team would investigate. ... but if players in investigating team is to get investigated than next senior player would take his place'.
Now from above Article it does not mean that if Captain is to get investigated than there is no provision who would replace him ... or that this investigating team could not investigate Captain.
Because ... when Article says that ... If player in investigation team to get investigated than next senior player would take his place ... than in Player 'Captain' is also included. And thus if Captain is to get investigated ... still investigating team would be complete without Captain ... and 3 most senior players would make the investigating team (excluding Captain).
These idiot corrupt Supeme Court judges interpreted that since Captian is to get investigated ... there is no provision who should replece him or that investigating team cannot be made without Captain ... ignoring the fact that Captain is there as Captian ... because he is player first ... and thus his position as player is actual ... being Captain is secondary.
Same way .. CJ is actually first a 'Supreme Court Judge' and being CJ is secondary. Whatever is applied to SC judges applies to CJ too and that is why in Article 209... CJ is not mentioned because when SC judge is mentioned, CJ automatically get included.
But than ... this is how corrupts work the way SC judges did. ... Twist or ignore the fact and do wrongs.
In above post (example of suspected policeman)... I could have written that ... police did not searched accused policeman saying that they could not search policeman as they can only search civilian accused ... Though since accused policeman is also civilian, they needed to search accused policeman too not as policeman but civilian.
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- The SJC was comprised of people with a clear and obvious Bias towards the CJ, including the like of the chamch Dogar, who is now the false CJ.
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That is again stupid reason to stop SJC do the investigation ... because if there was any reservation against particular judge than that judge could be replaced ... no need to stop investigation. (Even though that is also undesirable as there are 5 judges in SJC ... and decision of majority is accepted. Plus, Dogar was SC judge and was equal with as much respect as Iftikhar in all respect and his decision was as valid for all reasons).
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5. Since there is no Constitutional precedent here, (since most CJ's when told to step down, did so without question), the Supreme Court decided, which is its right, that it had the authority to try the CJ.
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No, SC judges had no right to change the meaning of what is written in constitution and what it meant ... and then declare that there is no constitutional precedent so they go against the constitution. Judges are not law making authority, they are authority to interpret laws ... but that also according to accepted English language the law is enacted and way people use language, not according to their own developed language twist so that they can twist the laws for their own corruption.
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6. The Supreme Court found the Govt accusation unsubstantiated and through the case out... So the CJ was exonerated.. If you think the SC was biased, then thats something you have to prove.
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Again wrong. Supreme Court did not found accusation unsubstantiated and how they can when they did not even seen a single evidence regarding accusation or asked to get it provided ... neither they exonerated CJ but stopped the investigation ... and thus left the accusation unanswered.
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The problem here is that there is an obvious problem within the system.. Aitazaz Ehsan rightfully exposed the loop hole in the system...
Mush should go back and through parliament, close this loop hole and retry the CJ... But instead, he took the illegal action of calling emergency, which he had no authority to call anyways, because he wasnt and still isnt the President...
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Again wrong. There is no loop hole. Only hole was in the head of Atitaz and those judges. Law is clear but they twisted, intentionally misinterpreted the laws ridiculously, and lied.
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The Supreme Court was right to throw out the case.. The govt had ridiculous accusations that didnt deserve a listining... They accused the CJ of driving mercedez cars, and promoting his son? Everyone in Mushies govt is guilty of that crime...
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Again wrong. SC had no right to interfere with SJC what they did and thus they deserved what Musharraf did to them, that is kicked them out of office.
Government accusations were all valid (if you want to, I can post the whole reference .... its on net).
If CJ was driving Mercedes (that is only one point in reference out of many) still the thing to see is that if he was entitled to it or not and if he was than its ok, and if he was not than that was corruption and he should have been asked to answer that.
SC has no right to say that 'A looted the country but since many looted the country than A should not be prosecuted ... and that A looting the country was right ... so we would not punish A'.
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What the Supreme Court did was completely within its mandate... People who disagree are only those who dont repect the Constitution or democcratic institutions.
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You are wrong that SC did within its mandate ... as SC mandate is to see all cases in front of them according to law of the country that they do not make but follow. They cannot decide what is right or wrong but have to follow the laws. Those who disagree with SC judges when they openly abused the constitution are absolutely right. These judges were corrupt and they deserved the kick what they got in the end ... As saying goes ... Allah kee lathie may dair hay andher nahie hay ... and that is what happened, these people should have got kicked long time ago ... but got kicked on 3rd Nov.
It is way of Allah that Allah uses Humans in this world to punish other humans who over step and here Allah used Musharraf to kick them corrupts in SC.
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The only crime of the CJ was challeneging the writ of a dictator, bringing corrupt indviduals to task, and imposing some degree of accountability to the system..
If thats a crime then I hope everyone in Pakistan commits it.
The whole case against the CJ, is a clear example of Mush govt Hypocracy and double standard.. If people like Benazir Bhutto can be given a clean sheet and cleared of all coruption charges, why is the CJ being accused?
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Again that is wrong understanding of fact. I am not saying that there is no corruption in Pakistan or that people do not get away with corruption in Pakistan or that Musharraf is Angel or his administration was Angel ... But than crime of Iftikhar was not what you mentioned, it was worse. Ifitkhar problem was interfering with the running of the state, state security, poking his nose everywhere unnecessarily and also at the same time doing all sorts of corruption, nepotism and misconduct while in office. In the end he was antagonizing many who were doing their duty ... but it was not his antagonizing others that brought him down but cause of his disgrace is his own doings ... I personally believed that none of past CJs were as corrupt, as pigheaded, as involved in nepotism and had as bad manners as Iftikhar had.