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Archive for March, 2008

Justice(R) Fakhruddin G Ebrahim’s Draft of Resolution for the Restoration of Genuine Judiciary

(DRAFT RESOLUTION by Justice(R) Fakhruddin G Ebrahim for the Restoration of Genuine Judiciary )
 
 
 
THE NATIONAL ASSEMBLY OF PAKISTAN
 
 
WHEREAS, We the elected representatives of the people of the Islamic Republic of Pakistan acknowledge and honor the long and arduous struggle for the return to democracy and rule of law by the legal fraternity, civil society and the ordinary citizens of our beloved country.
 
AND WHEREAS, We pay tribute to Shaheed Mohtarma Benazir Bhutto and thousands of brave political activists across the country who made the ultimate sacrifice and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan. We shall not let their sacrifices go in vain.
 
AND WHEREAS, this Assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful, that the rule of law cannot survive the rule of the gun unless we have an independent judiciary.  And, we are cognizant that we shall never have an independent judiciary if the Judges of the Superior Court’s of this country are imprisoned at the whims of a lone individual.
 
AND WHEREAS, we as Members of the National Assembly have taken oath to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and we shall not waiver from this oath.
 
AND WHEREAS, Article 209(7) of the Constitution provides in no uncertain terms that “A Judge of the Supreme Court of or of a High Court shall not be removed from office except as provided in this article.” Therefore, as opined unanimously by leading former Chief Justices and Judges of the Supreme Court of Pakistan, the actions of 3rd November 2007, seeking to remove and restrain the Chief Justices and Judges of the Supreme Court of Pakistan and the Provincial High Courts is void ab initio and has no sanctity in law.
 
WE, THEREFORE, bound by our Constitutional Oath and the mandate given by the people of Pakistan on February 18, 2008 do hereby RESOLVE and call upon the Federal Government to remove all illegal restrictions placed on the Chief Justices and Judges of the Supreme Court of Pakistan and the provincial High Courts on and after 3rd November 2007 with immediate effect.
 
History shall not forgive those, who even now, may seek to obstruct the irreversible path to constitutional rule in our great country.
 
THEREFORE, WE FURTHER RESOLVE, and call upon the Federal Government to perform its obligation under Article 190 of the Constitution and act in aid of the Chief Justices and the Judges of the Supreme Court of Pakistan and the Provincial High Courts who were illegally restrained on and after 3rd November 2007 so that they may resume their Judicial functions in accordance with the provisions of the Constitution. 
  
  
 
(Emergency mailing list)

Chief Justice of Pakistan, Iftikhar Chaudhary Released–>Congratulations Pakistan!

March 24, 2008 3 comments

Congratulations Pakistan!

Chief Justice Pakistan Iftikhar Muhammad Chaudhary Released after months of illegal detention from 3rd November 2007 by the dictator’s government.

The newly elected Prime Minister, Yousuf Raza Gillani issues his first order as PM of the release of all the judges who refused to surrender in front of the dictator.

The genuine CJ of Pakistan Iftikhar Chaudhary thanked the society (while addressing a large number of members of civil society, lawyers community and political parties) of their great support for him and all the deposed judges and showed his expectation that they will also support them in future.

The SC bar president, Aitzaz Ahsan congratulated the civil society,lawyers and the political parties who supported the movement and showed the commitment to the cause and also he said that the main task is still ahead and that is the freedom of the judicial system and re-instating of the judiciary.

The decision is a real set back for the dictator Musharraf and his rule who made probably the biggest blunder in the history of Pakistan by illegally deposing the judiciary and committed high treason by first suspending and then illegally amending the constitution of Islamic Republic of Pakistan.

Need to re-think our approach as a Nation—>Long Live Pakistan

March 23, 2008 6 comments

                                               pakistani_flag.jpg

Today Pakistanis are celebrating  the “Pakistan Day”, the day on which our ancestors

committed there selves for the cause of freedom and to lay the foundations of a state

where Muslims of India will live there lives according to the golden principles of Islam.

We are facing one of the most(if not the most) decisive moments in our national history.

In these difficult moments we must need to strengthen our will to be a one nation,

a nation not divided by ethnic and

sectarian boundaries but united by a strong ideology, the ideology which was based on

the golden principles of Islam  which teaches us of Justice and Equality among “all”

man-kind regardless of religion or race, which teaches us to be one ummah.

As Muhammad Ali Jinnah said on his 23, March 1940 address :

quaid_preside.jpg

(Muhammad Ali Jinnah , addressing on the occasion.)

“Come forward as servants of Islam, organise the people economically, socially,

educationally and politically and I am sure that you will be a power that will be accepted by everybody.”

Below is the Resolution which was passed on 23 March 1940:

“While approving and endorsing the action taken by the Council and the Working Committee of the All-India Muslim League, as indicated in their resolutions dated the 27th of August, 17th & 18th September and 22nd of October, 1939, and 3rd of February, 1940 on the constitutional issue, this Session of the All-India Muslim League emphatically reiterates that the scheme of federation embodied in the Government of India Act 1935, is totally unsuited to, and unworkable in the peculiar conditions of this country and is altogether unacceptable to Muslim India.

It further records its emphatic view that while the declaration dated the 18th of October, 1939 made by the Viceroy on behalf of His Majesty’s Government is reassuring in so far as it declares that the policy and plan on which the Government of India Act, 1935, is based will be reconsidered in consultation with various parties, interests and communities in India, Muslims in India will not be satisfied unless the whole constitutional plan is reconsidered de novo and that no revised plan would be acceptable to Muslims unless it is framed with their approval and consent.

Resolved that it is the considered view of this Session of the All-India Muslim League that no constitutional plan would be workable in this country or acceptable to the Muslims unless it is designed on the following basic principles, viz., that geographically contiguous units’ are demarcated into regions which should be constituted, with such territorial readjustments as may be necessary that the areas in which the Muslims are numerically in a majority as in the North Western and Eastern Zones of (British) India should be grouped to constitute “independent States” in which the constituent units should be autonomous and sovereign.

That adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities in these units in the regions for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultations with them and in other parts of (British) India where the Mussalmans (Muslims) are in a majority adequate, effective and mandatory safeguards shall be specifically provided in constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.

This session further authorises the Working Committee to frame a scheme of constitution in accordance with these basic principles, providing for the assumption finally by the respective regions of all powers such as defense, external affairs, communications, customs and such other matters as may be necessary.”

And in the end I would like to remind what our founding

fathers wanted our country and nation to be:

“Pakistan not only means freedom and independence but the Muslim Ideology which has to be preserved, which has come to us as a precious gift and treasure and which, we hope other will share with us”

Message to Frontier Muslim Students Federation June 18, 1945

This is a high time to re-think our approach as a nation.

Long Live Pakistan.

Message of hope,courage and confidence—>Muhammad Ali Jinnah

“My message to you all is of hope, courage and confidence. Let us mobilize all our resources in a systematic and organized way and tackle the grave issues that confront us with grim determination and discipline worthy of a great nation.” (Muhammad Ali Jinnah)

Muslims and all the sensible people must get unite to stop this cartoon madness by enemies of peace.

March 21, 2008 2 comments

Since September 2005 a deliberate attempt is being made to make the world move towards the satanic philosophy by Zionists in Europe and all over the world i.e. the clash of civilization.

The issue resulted in a row of anger and finally was settled after the EU apology to the Muslims during 2005 and 2006 is now ignited again by the enemies of peace again who are planning for a global war to fulfill there evil agendas.

They take support, from the advocates of unethical freedom of speech and expression but when it comes to criticizing or even questioning the Holocaust and the authenticity provided to the world (many still believe it was a drama to gain sympathy and achieving the Zionist agenda nevertheless I don’t give a damn to that but unfortunately the punishment is given to those who were not involved i.e. Palestinians).

The time has come for the people who believe in justice and peace and specially the Muslim rulers to end there dead attitude must take some practical measures to stop this non-sense otherwise the consequences will be unbearable.

The time has come to expose the real terrorists (who are also behind the cartoons episode of expressional terrorism).

Malik Qayum accepts Musharraf Actions were not according to the constitution–>Aitzaz out-classed Qayum in the live debate

In a live debate on 19 March 2008,with Supreme Court bar president and a well

respected lawyer of Pakistan (Chaudhary Aitzaz Ahsan) ,

the attorney general of Pakistan Malik Qayum accepts that the actions taken by Musharraf (at that time the Army Chief

of Pakistan)  were “not according to the constitution” (but even after saying that he was committed with his stated position that they were not “un-constitutional”).

The puzzled and confused attorney general in the heat of the debate on several occassions changed his position on many

issues including the arrest of

Chief Justice of Pakistan Iftikhar Muhammad Chaudhary, the current constitution and PCO of November 3 2007, the illegal dismissal of the judges  and also he had to admit that the parliament can take the issue of Iftikhar Muhammad Chaudhary and the current SC of Dogar cannot legally stop it.

In the debate while talking on the use of article 190 (which obligates all the executives to come in aid of the Supreme Court),

Aitzaz Ahsan said if this article is in consideration for the use then the executives must have to act in aid of the Supreme

Court

ruling by Seven Member Bench headed by CJP Iftikhar on 3rd Novemebr 2007 according to which the PCO and

emergency were

illegal and actions taken by Musharraf were illegal as well.

Meanwhile in an address to the lawyers in Hari Pur , the SC bar president expressed his stance on

the current judicial crisis and warned

the President and his Attorney General  that if they create hurdles in the way of restoration of the judiciary and the judiciary was not restored after the 30 day deadline then a long march from all parts of Pakistan will start and will go the the Army house Rawalpindi(still used by Musharraf).

The SC bar president was well received by the citizens and lawyers of Hari Pur.

Condolence on the death of Imran Khan’s Father.

Assalam o alaikum

May Allah give peace to the departed soul of Ikram ullah Khan Niazi (Father of Imran Khan) and give patience to the family members.

We sent our heartiest condolence on his father’s sad demise to Imran Khan and his family.

 (United4Justice)

 

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