Showing posts with label Judges. Show all posts
Showing posts with label Judges. Show all posts

Tuesday, February 16, 2010

Killing more than two birds with one stone...

This saturday a notification for appointment of judges was issued by the presidency... general response was like "PP walon ko kia ho gaya hai?", "wht made zardari do so?", "is he insane???", "can we afford any such turmoil at the moment?", "is this a time to confront?" is he nuts??? and blah blah... but wait...

PPP is not a party of amateurs, we must not think tht it was just a mistake.
keeping in mind the past of PPP and zardari, makes me beleive that zardari had a plan... see the following:
"Referring to the extraordinary step of constituting the three-judge bench in such an unusual manner, the expert suggested that the step was needed because if the notifications had not been suspended and the two judges had refused to take oath in accordance with them they would have been deemed to have retired as enunciated in the 1996 Al Jihad Trust case."
DAWN.COM | Front Page | Attorney general holds good meeting with CJ

perfect plan... both the judges are not useful for us (they r from CJ group)... we need some 'better' guys here in judiciary... we know tht they'll refuse... and they dont know tht we have more than two ppl ready to replace them :)

taking benefit of the situation, raja of lahore mr. salman taseer rejected the recommendations sent to him by CJ LHC :) tht's why i call it "killing more than two birds with one stone"

wanna learn politics? join PPP... PPP rocks

bechara gilani ab phir maamla suljhanay mein ulajh jaye ga...
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Saturday, August 9, 2008

Impeachment vs Restoration

Rise of Pakistan
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delayin tactics

I am unhappy with the decision made by the ruling coalition... impeaching and sending mush home is not the solution... they shld had restored the judges... n then decide whatever they want to... the argument tht restoring judges will result in conflict with presidency is invalid... i mean its strange to assume tht mush will hit back if we restore judges but will remain silent n will not hit back if we directly attack him... come on nawaz n zardari... haven't u seen this guy before???? he has couped twice n each time makin an excuse tht there were conspiracies being hatched against me, so for the 'greater good' of the nation n country i took unconstitutional steps...

mr. nawaz the goal is not achieved... u could not stay firm on ur principle stand... do not call this decision a success... u have been fooled once again i guess :) mush will stay there, rather will become even more powerful... n judges issue will b buried :(

u shld had left the coalition on the basis of all the delaying tactics played by zardari n co. ... now mush can refer to the 'neutralized judiciary' for help, n they'll certainly help him... he is their boss... he appointed them for the 'greater good' of the nation n the state... how can they betray their 'constitutional' boss who is not eligible to b president by any law :) ...

in my opinion mush is in a position to handle this impeachment thing successfully n he'll stay there... only an independent judiciary could have punished him for his wrong doings...

Tuesday, June 3, 2008

PML-N hits out at decision to scrap Kalabagh project

Several legislators belonging to the Pakistan Muslim League-N have expressed concern over Pakistan People’s Party’s decision to abandon the Kalabagh dam project without taking their party into confidence, although it was part of the ruling coalition.

At a parliamentary party meeting held here on Monday, the legislators are also reported to have objected to the PPP decision of appointing Salman Taseer as the Punjab governor.

They'll do similar things in future... guys wake up n leave the coalition... NOW!
...
PML-N president Shahbaz Sharif said the party was sitting with the treasury to protect the PPP from horse-trading and it would support or oppose on merit all government’s decisions, including the federal budget, in parliament.

He directed the MNAs to support the lawyers’ long march on June 10 to press their demand for reinstatement of the deposed judges.

He briefed the party MNAs on salient features of the proposed constitution amendment package prepared by the PPP.

He reiterated that the PML-N wanted the judges to be reinstated in accordance with the Murree Declaration.

APP adds: PML-N spokesman Siddiqul Farooq told a TV channel that the party would endorse all those clauses in the package which reflected the mandate given by the people in the elections.

He said the PML-N was against indemnifying the actions taken on Nov 3, 2007, because the people of the country had given a clear mandate to undo those steps.

Indemnity to the steps would mean maintaining the status quo, while the people wanted a change in the system, he said.

He said it was the responsibility of the leadership of the coalition parties to respect the mandate of the people in letter and in spirit.

Replying to a question, he said the PML-N, despite having reservations about the PCO judges, had agreed to accommodate them in the interest of the coalition. He said the five judges of the Supreme Court who were part of the pre-Nov 3 judiciary and who had taken oath under the Provisional Constitution Order should return to their previous position while the newly-inducted judges should work as ad hoc judges.

He said regularisation of the ad hoc judges could be considered by the judicial commission envisaged in the Charter of Democracy.

The spokesman said there would be no problem in getting the constitutional package approved in parliament if it was in line with the mandate given by the people. A consensus package could be approved by both the houses within a week, he said.

PML-N leaders Chaudhry Nisar Ali Khan, Khwaja Mohammad Asif and Ahsan Iqbal and legal experts Khwaja Haris and Fakhruddin G. Ebrahim are members of the party’s committee led by Raja Zafarul Haq that will study the draft of the package.
PML-N hits out at decision to scrap Kalabagh project -DAWN - Top Stories; June 03, 2008
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Monday, June 2, 2008

Article inserted in constitution by Musharraf

The following is the text of Article 270AAA inserted in the Constitution by President Pervez Musharraf last year.

In the Constitution, after Article 270AA, the following new Article shall be added, namely:- “270AAA. Validation and affirmation of laws etc. (1) The proclamation of Emergency of 3rd November, 2007, all President’s Orders, Ordinances, Chief of Army Staff Orders, including the Provisional Constitution order No.1 2007, the Oath of Office (Judges) Order, 2007, the amendments made in the constitution through the Constitution (Amendment) Order, 2007 and all other laws made between the 3rd day of November, 2007 and the date on which the Proclamation of Emergency of the 3rd Day of November, 2007, is revoked (both days inclusive), are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.

“(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, on or after the 3rd day of November, 2007 in exercise of the powers derived from any Proclamation, Provisional Constitution Order No. 1 of 2007, President’s orders, ordinances, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in the Constitution or any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.

“(3) All proclamations, President’s orders, ordinances, Chief of Army Staff Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which the Proclamation of Emergency of the 3rd day of November, 2007 is revoked, shall continue in force until altered, repealed or amended by the competent authority.

“Explanation.- In this clause, “competent authority” means,- (a) in respect of President’s orders, ordinances, Chief of Army Staff Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye- laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

“(4) No prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the Constitution or any other law for the time being in force, lie in any court, forum or authority against any person or authority on account of or in respect of issuance of the legal instruments referred to in clause (1) and on account of or in respect of any action taken by the Chief of Army Staff, the President or any other in exercise or purported exercise of the powers referred to in clause (2).

“(5) For purpose of clauses (1), (2) and (4) all orders made, proceeding taken, appointments made, including secondments and deputation, acts done or purporting to by made, taken or done by any authority or person shall be deemed to have been made, taken in good faith and for the purpose intended to be served thereby.”
Rise of Pakistan: Article inserted by Musharraf


This article could have been in simpler language if they'd have used the word 'Musharraf' in in place of the bold text in the post. For example the text in clause 4 would look like "... on account of or in respect of any action taken by musharraf in execise or purported..." See, the govt. itself has complicated the text. Such simplifications could have been easier to understand and implement. Those would also have told ppl tht mush is undoubtedly the sole king of a 'sovereign' state. Oh it could even be further simplified by using the following text: "Any thing done by Musharraf in Pakistan since the time he has been living in pakistan has been done validly and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever. Musharraf always does everything in a good faith, whether he does it as a president, or a chief of army staff or in any other role." Be it the 1999 govt. take over or 2007 coup, he did not do anything for himself, it was infact in greater interest of the country. For example removing 60 judges who oppose a single spoiled child is for the greater good of the country. Obviously almost 70% of the judiciary can be wrong but absolute mush cannot be. It is written in the constitution article 270AAA that he does every such thing it in good faith. May Allah bless him and show him the right path. And if he cannot be blessed, then Allah may bless us by removin him from presidency.
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