The Supreme Court of Pakistan Friday declared the steps taken on November 3, 2007 by former president Pervez Musharraf as unconstitutional.
The judgment came after the 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps.
The Supreme Court in its short verdict declared the steps of November 3, 2007 taken by former president Pervez Musharraf as unconstitutional. Article 279 of the Constitution was violated on November 3, 2007, it said.
It termed as illegal and unconstitutional the sacking of Chief Justice Iftikhar Muhammad Chaudhry and the other higher judiciary as well as the appointment of Justice Abdul Hamid Dogar as chief justice.
The oath taken by President Asif Ali Zardari will not be affected by the SC verdict, is said.
All the appointments made in the higher judiciary of Justice Abdul Hamid Dogar have been termed illegal.
It termed as unconstitutional all the appointments of judges during November 3, 2007 to March 24, 2008.
It said the strength of Supreme Court judges will remain 17.
It declared unconstitutional all the steps taken by Pervez Musharraf during November 3, 2007 to December 15, 2007 including the increasing of number of superior judges through finance bill.
Chief Justice Iftikhar Muhammad Chaudhry announced the verdict.
The verdict said all the appointments of judges on and after November 3, 2007 under PCO were unconstitutional. The case of PCO judges will be referred to the Supreme Judicial Council, it said.
The announcement of today’s verdict sent a wave of jubilation outside the Supreme Court and at all the bar associations. Sweets are being distributed as people and lawyers are chanting slogans in support of the judiciary.
The 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry reserved the judgment after completing the hearing of the case and announced it after a delay of over four and a half hour.
Friday, July 31, 2009
Thursday, July 23, 2009
General (R)Now where u will go?
ISLAMABAD: Former president Pervez Musharraf had his eight years in power and now he has got an opportunity to have his day in court as well. The Supreme Court (SC) on Wednesday issued a notice to the former president to appear in person or through his lawyer before the court on July 29 and defend his position on the state of emergency he declared on November 3, 2007, making over 60 independent-minded judges non-functional.
“According to principles of law, internationally known, no person should be condemned unheard; therefore, under Order 25 of Rule 9 of the Supreme Court Rules 1980, a notice be issued to Gen (retd) Pervez Musharraf, however, leaving for him to appear before the court or otherwise,” Justice Chaudry said in the order.
A 14-member larger bench, headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing a petition of the Sindh High Court Bar Association (SHCBA), seeking regularisation of two SHC additional judges.
Other members of the bench are Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Ghulam Rabbani, Justice Sarmad Jalal Usmani, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui and Justice Jawwad S Khawaja.
The two SHC judges were denied regularisation on the basis of the Supreme Court judgment in the Tikka Iqbal case was a “past and closed transaction”. The same judgment had also validated the imposition of emergency and the steps taken thereafter by the former president.
“According to the principles of law, universally known, no one should be condemned unheard, as it has been recognised and stated by this court in almost every case where an adverse decision was likely to take place. Not only in our country, internationally where there is a regular system of administration of justice, this principle is applied. Even when there is no provision under the law, the courts have been issuing notices under the principle of natural justice,” the court order said.
The court further ruled that in the Asma Jilani case, notice was not issued as the respondent government had not made a categorical statement that it was not defending the action of Gen Yahya Khan.
“As far as the proceedings of the case are concerned, these are going on for the last two to three days. The media, print and electronic, is widely publicising the observations and proceedings. Anyone interested in the proceedings who is concerned with the promulgation of the PCO can appear on his own by making application directly or otherwise,” the court order added.
“Therefore, under Order 25 of the Rule 9 of the Supreme Court of Pakistan Rules 1980, notice be issued to Gen (retd) Pervez Musharraf: however, leaving for him to appear before the court or otherwise, hence notice be issued on the address of his residence in Islamabad,” the order concluded.
On Wednesday, the chief justice sought view of counsel for the petitioners Hamid Khan and Attorney General Sardar Latif Khan Khosa on the question of issuing notice to Gen (retd) Pervez Musharraf with a view to providing him with an opportunity to defend himself in the case if he wanted so.
Hamid Khan, who is representing the Sindh High Court Bar Association, opposed issuing of notice to Musharraf, saying there was no precedence of issuing notices to former dictators in such cases and that former military ruler Yahya Khan, too, was not issued notice in the Asma Jillani case.
At this Justice Shahid Siddiqui said that there were people to defend Yahya Khan but in this case the attorney general is not defending him. Khan further contended that Musharraf was not being prosecuted, instead his constitutional actions were being examined; therefore, there was no need of issuing notices to him.
Justice Jawwad S Khawaja, however, observed that fairness demanded that Musharraf is provided with opportunity to come and defend himself. The attorney general, however, said he was leaving the matter to the court.
The chief justice remarked that if there were 0.001 per cent chance of revisiting the Tikka Iqbal case, the court would attack the Provisional Constitution Order (PCO). He said there would be fallouts and repercussions of this case, which he said would decide on the life of our nation.
“We would have to strengthen our institutions and there should be no more adventurism,” the CJ said. The chief justice further observed that the court was examining the PCO promulgated by Gen (retd) Pervez Musharraf. Therefore, someone may raise fingers at us for condemning someone who was not before us, he said.
Later, Justice Justice (retd) Malik Qayyum, told reporters outside the court building that he was thinking of representing Gen (retd) Musharraf in the court if he (Musharraf) asked him to do so. Barrister Aitzaz Ahsan, who was opposing Musharraf in the court in the past in a case filed against the military dictator for contesting the election for the office of the president, said that the retired general could appear before the Supreme Court either through his lawyer or in person.
“It is purely a constitutional petition and Musharraf either could appear in person or through his legal counsel; however, if the former military dictator appears in person it would be fine,” Aitzaz told Geo TV.
At the same time Aitzaz said that Musharraf would not opt to appear in person before the court for being a coward. He said that the court could issue a notice to Musharraf for appearing in person only if a criminal petition was filed in the apex court.
Aitzaz Ahsan, however, to a question refused to plead Musharraf’s case, saying that he was a cruel ruler who put over 60 judges of the superior judiciary under house arrest along with their children.
“According to principles of law, internationally known, no person should be condemned unheard; therefore, under Order 25 of Rule 9 of the Supreme Court Rules 1980, a notice be issued to Gen (retd) Pervez Musharraf, however, leaving for him to appear before the court or otherwise,” Justice Chaudry said in the order.
A 14-member larger bench, headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing a petition of the Sindh High Court Bar Association (SHCBA), seeking regularisation of two SHC additional judges.
Other members of the bench are Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Ghulam Rabbani, Justice Sarmad Jalal Usmani, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui and Justice Jawwad S Khawaja.
The two SHC judges were denied regularisation on the basis of the Supreme Court judgment in the Tikka Iqbal case was a “past and closed transaction”. The same judgment had also validated the imposition of emergency and the steps taken thereafter by the former president.
“According to the principles of law, universally known, no one should be condemned unheard, as it has been recognised and stated by this court in almost every case where an adverse decision was likely to take place. Not only in our country, internationally where there is a regular system of administration of justice, this principle is applied. Even when there is no provision under the law, the courts have been issuing notices under the principle of natural justice,” the court order said.
The court further ruled that in the Asma Jilani case, notice was not issued as the respondent government had not made a categorical statement that it was not defending the action of Gen Yahya Khan.
“As far as the proceedings of the case are concerned, these are going on for the last two to three days. The media, print and electronic, is widely publicising the observations and proceedings. Anyone interested in the proceedings who is concerned with the promulgation of the PCO can appear on his own by making application directly or otherwise,” the court order added.
“Therefore, under Order 25 of the Rule 9 of the Supreme Court of Pakistan Rules 1980, notice be issued to Gen (retd) Pervez Musharraf: however, leaving for him to appear before the court or otherwise, hence notice be issued on the address of his residence in Islamabad,” the order concluded.
On Wednesday, the chief justice sought view of counsel for the petitioners Hamid Khan and Attorney General Sardar Latif Khan Khosa on the question of issuing notice to Gen (retd) Pervez Musharraf with a view to providing him with an opportunity to defend himself in the case if he wanted so.
Hamid Khan, who is representing the Sindh High Court Bar Association, opposed issuing of notice to Musharraf, saying there was no precedence of issuing notices to former dictators in such cases and that former military ruler Yahya Khan, too, was not issued notice in the Asma Jillani case.
At this Justice Shahid Siddiqui said that there were people to defend Yahya Khan but in this case the attorney general is not defending him. Khan further contended that Musharraf was not being prosecuted, instead his constitutional actions were being examined; therefore, there was no need of issuing notices to him.
Justice Jawwad S Khawaja, however, observed that fairness demanded that Musharraf is provided with opportunity to come and defend himself. The attorney general, however, said he was leaving the matter to the court.
The chief justice remarked that if there were 0.001 per cent chance of revisiting the Tikka Iqbal case, the court would attack the Provisional Constitution Order (PCO). He said there would be fallouts and repercussions of this case, which he said would decide on the life of our nation.
“We would have to strengthen our institutions and there should be no more adventurism,” the CJ said. The chief justice further observed that the court was examining the PCO promulgated by Gen (retd) Pervez Musharraf. Therefore, someone may raise fingers at us for condemning someone who was not before us, he said.
Later, Justice Justice (retd) Malik Qayyum, told reporters outside the court building that he was thinking of representing Gen (retd) Musharraf in the court if he (Musharraf) asked him to do so. Barrister Aitzaz Ahsan, who was opposing Musharraf in the court in the past in a case filed against the military dictator for contesting the election for the office of the president, said that the retired general could appear before the Supreme Court either through his lawyer or in person.
“It is purely a constitutional petition and Musharraf either could appear in person or through his legal counsel; however, if the former military dictator appears in person it would be fine,” Aitzaz told Geo TV.
At the same time Aitzaz said that Musharraf would not opt to appear in person before the court for being a coward. He said that the court could issue a notice to Musharraf for appearing in person only if a criminal petition was filed in the apex court.
Aitzaz Ahsan, however, to a question refused to plead Musharraf’s case, saying that he was a cruel ruler who put over 60 judges of the superior judiciary under house arrest along with their children.
Monday, July 20, 2009
Faith,Hope ,and Heart
I was once told only in dreams,
Do dreams come true,
But I am tell , here and now,
Your dreams are upto you,
like "The Rose"
we may pass through life,
"Not Understand"
And may be we won,t.
make all friends we should.
But always treasure what You have,
And in the mirror what you see,
Then strive to get all you have ,
and be all that you may be.
on the rocky roads of life
you must be strong to fall apart.
But I tell you from my soul to keep,
Faith,Hope and Heart.
By Nicci Pagon
Do dreams come true,
But I am tell , here and now,
Your dreams are upto you,
like "The Rose"
we may pass through life,
"Not Understand"
And may be we won,t.
make all friends we should.
But always treasure what You have,
And in the mirror what you see,
Then strive to get all you have ,
and be all that you may be.
on the rocky roads of life
you must be strong to fall apart.
But I tell you from my soul to keep,
Faith,Hope and Heart.
By Nicci Pagon
Saturday, March 21, 2009
Proud pakistani.... Dr.Farrukh Salim
Karbala, Muharram 10, 61 AH -- Hussain ibne Ali ibne Abi Talib (RA) refused to pledge allegiance to Dictator Yazid ibne Mu'awiyah ibne Abi Sufyan. Sayyid al-Shuhada (RA) "gave his head but not his hand of allegiance in the hand of Yazid (this according to Shah Moinuddin Chishty Ajmeri)." The Sayyid of the youth of Paradise was beheaded by Shimr Ibne Thil-Jawshan (a soldier in the Ummayad army that was led by Umar ibne Sa'ad).
Dateline: Kufa, 148 AH -- Imam Al-azam Abu Hanifa refused to become Dictator Abu Ja'far al-Mansur's Qazi Al-Qazat (chief judge). Al-Mansur imprisoned Abu Hanifa and tortured him to death (when al-Mansur invited Abu Hanifa to become his chief judge, Abu Hanifa sent a message back to the monarch that he did not consider himself capable for the post. Al-Mansur told Abu Hanifa that he was lying and Abu Hanifa shot back: "I rest my case. If I am a liar then how can I become the chief judge?" Al-Mansur was furious at Abu Hanifa's reply).
Dateline: Islamabad, Safar 20, 1428 AH – Chief Justice of Pakistan Iftikhar Mohammad Chaudhry refused to resign on orders of Dictator President General Pervez Musharraf. The chief justice was suspended, his family imprisoned within the four walls of his house.
Dateline: Islamabad, Rabi-ul-Awwal 18, 1430 -- Prime Minister Syed Yousuf Raza Gilani announced the restoration of all the deposed judges including Justice Iftikhar Mohammad Chaudhry.
There are 1.5 billion Muslims and 57 Muslim-majority nation-states. Imagine; in the past 1,430 years of Islamic history the first Muslim who refused to bow down to a dictator was Sayyid al-Shuhada Hussain ibne Ali ibne Abi Talib (RA). Eighty-seven years later, the second Muslim to bow down to a dictator was Imam Al-azam Abu Hanifa. One thousand two hundred and eighty years later came a Pakistani named Iftikhar Mohammad Chaudhry.
In 1986, peoples' power -- absolutely peaceful, non-violent and prayerful -- brought down a stubbornly corrupt Filipino system of governance. In 1989, peoples' power proved its muscle in Poland, Hungary, East Germany, Czechoslovakia, Bulgaria and Romania (all peaceful except for in Romania where the military unexpectedly changed sides and allowed Nicolae Ceausescu's summary execution). People's power in Kyrgyzstan, Georgia, Serbia and Ukraine used a colour or a flower as a symbol but never ever has a chief justice been used as the rallying cry.
On March 24, Chief Justice of Pakistan Iftikhar Mohammad Chaudhry shall sit in Court Room No 1 and begin dispensing justice. To be certain, on March 25, there aren't going to be canals of milk and honey all over 778,720 square kilometres of land area we call Pakistan. Justice Chaudhry shall be dispensing justice; neither electricity nor atta or pani. And that is so because any tripodal government rests on the executive, parliament and the judiciary. The judiciary merely dispenses justice and keeps the executive and parliament within the bounds of the constitution. Bijli, atta and pani -- plus law and order -- are part of the social contract between the elected politicians and the 172 million Pakistanis.
For the chief justice, he would have to hold the executive and parliament accountable (both consider themselves above accountability). The Lord Chief Justice of Pakistan would have to protect fundamental rights plus steer clear of all purely political quarrels.
Proud to be a Pakistani because we produced the third Muslim in the history of Islam who said 'no' to a dictator. Proud to be a Pakistani because ours has been the very first absolutely non-violent mass movement within the world of Islam that successfully met its objective. Proud to be a Pakistani now that we can export our chattels of judicial independence to our brethren in other 57 Muslim-majority states. Proud that we can be the source of glitter to Muslims in other countries. Proud that our civil society has reinvented hope. Proud at the tenacity of our lawyers. Proud at the strength of our journalists. Proud at the resolve of our media.
Dateline: Kufa, 148 AH -- Imam Al-azam Abu Hanifa refused to become Dictator Abu Ja'far al-Mansur's Qazi Al-Qazat (chief judge). Al-Mansur imprisoned Abu Hanifa and tortured him to death (when al-Mansur invited Abu Hanifa to become his chief judge, Abu Hanifa sent a message back to the monarch that he did not consider himself capable for the post. Al-Mansur told Abu Hanifa that he was lying and Abu Hanifa shot back: "I rest my case. If I am a liar then how can I become the chief judge?" Al-Mansur was furious at Abu Hanifa's reply).
Dateline: Islamabad, Safar 20, 1428 AH – Chief Justice of Pakistan Iftikhar Mohammad Chaudhry refused to resign on orders of Dictator President General Pervez Musharraf. The chief justice was suspended, his family imprisoned within the four walls of his house.
Dateline: Islamabad, Rabi-ul-Awwal 18, 1430 -- Prime Minister Syed Yousuf Raza Gilani announced the restoration of all the deposed judges including Justice Iftikhar Mohammad Chaudhry.
There are 1.5 billion Muslims and 57 Muslim-majority nation-states. Imagine; in the past 1,430 years of Islamic history the first Muslim who refused to bow down to a dictator was Sayyid al-Shuhada Hussain ibne Ali ibne Abi Talib (RA). Eighty-seven years later, the second Muslim to bow down to a dictator was Imam Al-azam Abu Hanifa. One thousand two hundred and eighty years later came a Pakistani named Iftikhar Mohammad Chaudhry.
In 1986, peoples' power -- absolutely peaceful, non-violent and prayerful -- brought down a stubbornly corrupt Filipino system of governance. In 1989, peoples' power proved its muscle in Poland, Hungary, East Germany, Czechoslovakia, Bulgaria and Romania (all peaceful except for in Romania where the military unexpectedly changed sides and allowed Nicolae Ceausescu's summary execution). People's power in Kyrgyzstan, Georgia, Serbia and Ukraine used a colour or a flower as a symbol but never ever has a chief justice been used as the rallying cry.
On March 24, Chief Justice of Pakistan Iftikhar Mohammad Chaudhry shall sit in Court Room No 1 and begin dispensing justice. To be certain, on March 25, there aren't going to be canals of milk and honey all over 778,720 square kilometres of land area we call Pakistan. Justice Chaudhry shall be dispensing justice; neither electricity nor atta or pani. And that is so because any tripodal government rests on the executive, parliament and the judiciary. The judiciary merely dispenses justice and keeps the executive and parliament within the bounds of the constitution. Bijli, atta and pani -- plus law and order -- are part of the social contract between the elected politicians and the 172 million Pakistanis.
For the chief justice, he would have to hold the executive and parliament accountable (both consider themselves above accountability). The Lord Chief Justice of Pakistan would have to protect fundamental rights plus steer clear of all purely political quarrels.
Proud to be a Pakistani because we produced the third Muslim in the history of Islam who said 'no' to a dictator. Proud to be a Pakistani because ours has been the very first absolutely non-violent mass movement within the world of Islam that successfully met its objective. Proud to be a Pakistani now that we can export our chattels of judicial independence to our brethren in other 57 Muslim-majority states. Proud that we can be the source of glitter to Muslims in other countries. Proud that our civil society has reinvented hope. Proud at the tenacity of our lawyers. Proud at the strength of our journalists. Proud at the resolve of our media.
Sunday, March 15, 2009
Justice Iftikhar Chaudhry restored as Chief Justice of Pakistan...A Great Success
In a historic address to the nation, Prime Minister Syed Yousuf Raza Gilani announced on Monday to restore the deposed Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry.The prime minister also pledged that the government would steer the country out of the numerous domestic and international challenges facing it. The prime minister said that after consultations with all political forces of the country and President Asif Ali Zardari, the government has decided to restore all deposed judges including Justice Iftikahr Muhammad Chaudhry as Chief Justice of Pakistan who will assume charge on March 21. The current Chef Justice Abdul Hameed Dogar retires on March 21. "I announce today that Iftikhar Chaudhry and all other deposed judges will be reinstated from March 21," he said in his televised address to the nation. The current supreme court chief justice will retire on that date, allowing Chaudhry to take over, the premier said. He said that a notification for the reinstatement of the deposed chief justice would also be issued. The prime minister urged all the political forces and lawyers to work for the solidarity and welfare of the country. Gilani said the country is standing at a critical moment. He said that no country could make progress without political tolerance and co-existence.Speaking about the struggle for the independence of judiciary, the PM said that the lawyers and the PPP had been together for the cause of justice and democracy.He said that Shaheed Mohtrama Benazir Bhutto actively participated in the lawyers struggle for the restoration of deposed judges. “Benazir Bhutto wanted free judiciary and supremacy of the constitution and she had promised for his restoration. PPP respects the educated segment of the society”, Gilani added.Gilani said the federal government would file a review petition against the disqualification of the Sharif brothers. “I invite Sharif brothers to come forward to work together in the light of the Charter of democracy
Saturday, March 14, 2009
Subscribe to:
Posts (Atom)
