Great decision by Islamabad High Court to arrest former dictator General (Retarded) Pervaiz Musharraf
Great decision by Islamabad High Court to arrest former dictator General (Retarded) Pervaiz Musharraf. I hope things will go better in missing persons case and other cases of human rights violations. Its now a test for caretaker government to pursue high treason case against Musharraf.
Islamabad High Court orders Pervez Musharraf’s arrest (Geo TV)
ISLAMABAD: The Islamabad High Court has ordered the arrest of Pakistan’s former president, General (retd) Pervez Musharraf.
Pervez Musharraf appeared before the Islamabad High Court on Thursday to seek a bail extension in the judges’ confinement case, however his plea was dismissed. During proceedings of the case, Justice Shaukat Aziz Siddiqui remarked that Musharraf was accused of destroying the judicial system. The court ordered that the charge of terrorism be added in the case.
Pervez Musharraf immediately left the court and drove to his farmhouse in Chak Shahzad escorted by his security personnel. Police are guarding the main gate of Pervez Musharraf’s farmhouse and have blocked off access to the street.
IHC ISSUES DETAILED ORDER
The Islamabad High Court has issued its detailed order regarding the rejection of Pervez Musharraf’s bail extension.
The court has taken notice of Musharraf’s fleeing from the court premises and summoned Inspector General Police Islamabad. The court said that Musharraf’s fleeing was a separate crime.
The IG Islamabad has been asked to explain what measures have been taken regarding the arrest of Musharraf and what action will be taken against those officers who failed to arrest him from the court’s premises.
PRE-ARREST BAIL NOT SUBMITTED
Musharraf’s lawyers could not submit a pre-arrest bail petition against his arrest orders by the Islamabad High Court in the Judges’ confinement case on Thursday. The petition could not be submitted as the court’s hours of operation had expired.
Pervez Musharraf’s lawyer Advocate Ibrahim Satti said the advocate on-record had taken the petition to the Supreme Court but could not submit it as the court’s working hours had expired.
Satti added that the Registrar Supreme Court and Chief Justice Iftikhar Mohammad Chaudhry were attending the full court meeting and petition will be filed in the Supreme Court on Friday.
“Former President Musharraf earlier today appeared in Islamabad High Court in a procedural matter to seek extension in his transitory bail, which was due to expire today, April 18, 2013. The Judge, in an unprecedented move, took an unwarranted decision to reject the extension request.
The augmented State Security Apparatus assigned to President Musharraf in the face of specific and credible physical threats to his life by the enemies of Pakistan escorted the Former President to his home in Islamabad.
The Former President is filing an appeal in the Supreme Court of Pakistan against this ill-conceived decision of Islamabad High Court. We expect this unwarranted judicial activism, motivated by personal vendettas since his return to Pakistan to participate in the upcoming elections, will cease and the Supreme Court, without prejudice, will immediately grant necessary relief following precedence and the Rule of Law; the absence of which will cause mockery of the nation, can result in unnecessary tension amongst the various pillars of State and possibly destabilize the country.”
The judges’ confinement case stems from the detainment of several top judges including Chief Justice Iftikhar Muhammad Chaudhry during the imposition of emergency by the former president in Pakistan on November 3, 2007.
Pervez Musharraf returned to Pakistan to contest general elections last month. His nomination papers from four constituencies were rejected by Election Tribunals earlier this week.
Musharraf is also accused in the Benzair Bhutto murder case and was granted interim bail till April 24 by the Lahore High Court Rawalpindi bench.
Strongly condemn those morons in Badami Bagh Lahore who were involved in attacks on our Christian friends. These people only bring disgrace to Islam and its followers.
People have the right to exercise their religion especially when Quran has given us clear directions about freedom of religion and justice.
“There is no compulsion in religion” (Al-baqarah, 256)
“O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do.” [Al-maeda ,8]
It seems these mobs are often backed by land grabbers or other mafias who create such situation to drive away these poor people using blasphemy.On many occasions, Muslims become the victim of other Muslims accusing them of blasphemy to settle business, personal, sectarian or other rivalries.Those who use blasphemy thing for their political or economic favors should be charged with blasphemy. what bigger blasphemy can it be than using the name of Deen to benefit their Dukaan.
If they think they are serving Islam then the should think that non-Muslim citizens in an Islamic (at least by name Pakistan is Islamic) are protected minority and harming them is a serious crime and sin.
Bukhari :: Book 4 :: Volume 53 :: Hadith 391
Narrated ‘Abdullah bin ‘Amr:
The Prophet (S.A.W) said, “Whoever killed a person having a treaty with the Muslims, shall not smell the smell of Paradise though its smell is perceived from a distance of forty years.”
Ramadan comes with a message of piety, sharing with each and caring of each other. I would like to appeal to all people paying Zakat this year to support Shaukat Khanum Memorial Cancer Hospital and Research Centre. The team running Shaukat Khanum Trust is one of the most credible and capable team in the country and around the world. Running the largest charity organization in a poor country like Pakistan and managing to make it free for around 70 percent of cancer patients in a poor country is not a game.
Please help them in their great effort.
Below is the link of their donation page:
Currently, Shaukat Khanum Trust is running a large cancer hospital in Lahore which provides free treatment to around 70 percent of its cancer patients. They are also working on two projects in Karachi and Peshawar. The hospital is a brain child of Pakistan’s legendary cricketer and philanthropist, Imran Khan.
A good message is given in their recent ad campaign for 2012 Zakat collection:
Please help generously.
Dr Fauzia Siddiqui, in an exclusive chat with The News from Karachi, said that Davis was a killer and after meeting the heirs of the deceased youth, Aafia’s family can never imagine to forgive the blood of Pakistanis against repatriation of Aafia.
She mentioned that first Aafia should be brought home with respect then the government should think of dealing the case of Davis with the Americans. “Aafia has not killed anyone; therefore, we can not demand exchange of an innocent lady with a double murderer,” said Dr Fauzia, adding that it was the time for government to negotiate with Americans regarding respectful repatriation of Dr Aafia.
She said that Aafia has been jailed for a falsely carved crime in Afghanistan whereas Davis was a daylight killer, so we should not compare the crimes of both of them. “Government should bring Americans on negotiating terms regarding Aafia; otherwise, these rulers will be kicked off from their palaces by the people of Pakistan if they handed over Davis to America.”
Dr Fauzia said that she has met the families of the three deceased youths of Lahore and after looking at the condition of mothers of those three boys, she could not demand for forgiving the blood of Pak nationals rather David should be punished under the penal law of the country for the crime which the has committed. On the other hand, a few parliamentarians have raised their voice for exchange of Davis for Dr Aafia and Pakistan Tehrik-e-Insaf vows to establish a fund for the legal heirs of the three youths who were killed by American so that those families should not compromise on money with US. Fakhar Chathha, President PTI Traders-Wing, while talking to this correspondent said that Pakistan should make a simple deal with US: “Give us our innocent Aafia and take your double murderer Davis.” He mentioned that time has come for Pakistan to take a stand before the Americans, otherwise, world will curse on us.
He said that his party is ready to establish a fund for the heirs of three deceased youths of Lahore so that they should not accept American offer of money against blood rather ask for the extradition of Dr Aafia from America in return of Davis. It is worth mentioning here that the PTI is the only political party in the country, which has stage protests regarding American killing in Lahore. Even the protesters were baton charged in Islamabad when they tried to enter the red zone to get their protest registered in front of US embassy.
The Human Rights Commission of Pakistan’s ex-Chairman Iqbal Haider on Geo TV said that Dr Aafia has not killed any person, and the way she was produced before the American court was also condemnable. “On the other hand Davis has killed three people in broad daylight, yet immunity is being sought for the killer,” the lawyer said. He mentioned that Aafia has been sentenced for 86 years, which was again cruel whereas America wants a killer to be free. On the other hand, an SMS campaign to exchange Aafia for Davis has already started, and cyber groups, like OSAPK, have launched campaigns for Davis for Aafia.
On the other hand, the family of Dr Aafia Saddiqui has closed the debate of her nationality once for ever. Mother of Dr Aafia showed three Pakistani passports of her daughter in Capital Talk of Geo News on Monday night and claimed that Dr Aafia did not have even a US green card. Rana Sanaullah and mother of Aafia were talking to Hamid Mir in Capital Talk.
Hamid Mir asked question about the possibility of double nationality of Dr Aafia, but her mother Ismat Saddiqui showed a US visa on the last passport of Dr Aafia which was expired on February 3, 2008. She said that US visa can only be issued to a non-US citizen.
Sister of Dr Aafia read some parts of the US court verdict against Dr Aafia, in which it was clearly said that Dr Aafia is a 38 years old Pakistani citizen. Dr Fauzia Saddiqui said that the arrest of her sister from Afghanistan was also a violation of international law because Dr Aafia was not provided any consular access.
The Executive Director of the South Asia Strategic Stability Institute, Maria Sultan, said that US violated international law by arresting a Pakistani citizen Aafia from Afghanistan because the two countries have no extradition treaty.
Former Foreign Secretary Riaz Khokhar said that Raymond Davis is a killer; he does not enjoy any diplomatic immunity. Riaz Khokhar said that arrival of suspicious US citizens in Pakistan was started in Musharraf era. Once Riaz Khokhar objected to the arrival of a secret US flight in Pakistan. The ISI also endorsed the view of Foreign Office, but President Musharraf over ruled their objections.
Host of Capital Talk aired the last statement of Shamaila, who committed suicide on Sunday in protest of VIP status given to Raymond Davis. Human Rights activist Tahira Abdullah said that nobody in the government will listen to the last plea of Shamaila because US dollars will work, but Rana Sanaullah disagreed. He said that days of military dictators have passed now, and only the courts will decide the fate of Raymond Davis.
Dr A Q Khan
The Lahore High Court recently acquitted 11 people accused of involvement in an attack on Gen Musharraf and ordered their release from Adiala Jail. Before they could even taste their freedom they were, according to jail authorities, whisked away by agents of the intelligence agencies. To give it all a bizarre twist, the advocate general, Maulvi Anwar-ul-Haq, presented an affidavit from the intelligence agencies stating that these people were not in their custody. Then the bombshell came from the chief secretary of Punjab, who informed the Supreme Court that the men in question had indeed been taken away by ISI sleuths.
This is a very disturbing matter, as it more or less confirms the universal belief that our intelligence agencies are rogue agencies, and are above the law and the Constitution. Equally disturbing is the impression created that the army and the ISI still have Musharraf stooges who are willing to do anything for him, even if that means breaking the law. Only these organisations can tell us what the advantages of their actions are. It is an undeniable fact that such actions give a very bad name to our most august institution, the army.
Ever since Ayub Khan’s coup, our intelligence agencies have been used as servants for personal use and against political opponents. Their main task – gathering information for national security and safety – was superseded. It is said that our most expensive and extensive networks, like the ISI and the MI, are run by the army and take orders from the army chief, not from the civilian government. This has led to all the coups staged in this country.
When the Indians exploded their nuclear weapons on May 11, 1998, Prime Minister Nawaz Sharif called a meeting of the Defence Committee of the Cabinet (DCC) on the 13th to discuss options. The participants had varying views, but Foreign Minister Gauhar Ayub Khan, Mr Shamshad Ahmed Khan, the foreign secretary, and myself were quite vocal in favour of a response in kind. I voiced my criticism of the performance of our intelligence agencies. Despite their claims of having informants in almost every house in Pokhran, and their promises that they would inform us if India made any preparations for tests, we were caught unawares. If we had had as little as 10 days’ notice, we could have prepared a matching response and could have detonated our devices in as little as an hour.
If we look at the history of espionage and spies, we find that it is a very old business. The Indians and the Chinese were the original masters. Chanakya and Sun Tzu wrote treatises on the subject and the techniques recommended included murder, secret agents and paying foreigners for information. Similarly, the Egyptians, the Greeks and the Romans, all established intelligence networks on a scientific basis. The Mongols and the Japanese also used all kinds of tactics to get information about their adversaries. Western and communist countries strove hard to perfect this technology and turned it into a lethal war instrument.
It is said that Abul Fazl Sakzi, the adviser (prime minister) of Sultan Alp Arsalan, once asked the Sultan why he had not established an intelligence network and employed spies for collecting information against adversaries. The sultan replied: “I believe that there is a need for an intelligence network and spies, and that this is the responsibility of the government. This responsibility must be given to highly competent, honest, experienced people so that the government remains safe from dangers. This work is highly complicated and needs people of wisdom, knowledge and foresight, as there is a great danger in this work of fraud, cheating and double games. Hence the people working in this field must be free of all temptation and blackmail, as the security of the country will depend on their performance. They should be free from financial and family worries, which will enable them to fully concentrate on their important work and provide the government with correct and reliable information. It must ensure punishment to traitors and unpatriotic elements and reward and respect patriotic people and well-wishers of the state. The conditions within the country should be such that people automatically and willingly become good, law-abiding and patriotic citizens while at the same time respecting and fearing state laws. They should not dare to indulge in any anti-state activities. The establishment of an intelligence network and the deployment of spies is a state responsibility and it is a demonstration of courage and foresight. It is thus an essential duty of the state.” (Tusi Siasat-nama.)
Sultan Alp Arsalan gave important and practical advice. He not only mentioned the inherent dangers and possible undesirable activities of these institutions and their workers, but also the necessity of such organisations.
Unfortunately, in our country the performance of the intelligence agencies is anything but commendable and is not something to be proud of. They have been the extended arm of dictators and been widely branded as rogue organisations. They operate outside the law, are least bothered about the judiciary and totally ignore court orders. During Gen Musharraf’s time, a general, an ISI colonel and eight subordinates forcibly sent us to Bannigala and kept us there for 10 hours. During that time our house was totally ransacked, bedrooms, clothes, books, files, etc., searched and many things taken away – all this without any official warrant or court order to do so. To-date many of the things taken away have not been returned. During the process our house was also bugged with cameras and – how low can you get – listening devices placed behind our bed and in the bedroom of our granddaughter, as well as in the drawing room, dining room and other places. They totally ignored that fact that, with my background, I was not ignorant of such affairs. I immediately realised the mischief they had done, traced their devices but left them in place (until years later) to let them remain under the illusion that we were unaware. The courts did not take any action against this blatant violation of our fundamental rights and privacy. In any civilised society such despicable acts are totally unacceptable and are dealt with severely by the courts.
We saw how President Nixon was removed from office in disgrace over the bugging of Watergate by his staff. Our courts have wide powers and could, if they so desired, deal with such mischief effectively and immediately in one way or another. Unfortunately, such action is always lacking and the rogue agents of the rogue agencies are left to follow the law of the jungle. As long as they are allowed a free hand, we will be branded as a lawless, corrupt country.
It is my personal opinion that these activities are mostly carried out by retired and re-employed army personnel, who then try to be more loyal than the king and indulge in all kinds of mischief to justify their continuity in service. In doing so, they give a bad name to their agencies and to the government. The heads of the intelligence agencies would be better off not carrying such excess baggage and to utilise the services of young, educated, honest and capable people.
Karachi : EveryDNS.net, a USA based domain company said it had terminated services because Wikileaks.org had come under massive cyber attacks.
Meanwhile, the domain provider for WikiLeaks has dropped the Wikileaks.org domain name. EveryDNS.net said it had terminated services because Wikileaks.org had come under massive cyber attacks and these cyber attacks endangered their infrastructure.
In a twitter message, WikiLeaks confirmed the dropping of domain.
“WikiLeaks,org domain killed by US everydns.net after claimed mass attacks”,the message said which is followed by their tag line ”KEEP US STRONG”.
The statement on EveryDNS.net website is given below (Taken from EveryDNS.net):
All systems are functioning normally.
EveryDNS.net provided domain name system (DNS) services to the wikileaks.org domain name until 10PM EST, December 2, 2010, when such services were terminated. As with other users of the EveryDNS.net network, this service was provided for free. The termination of services was effected pursuant to, and in accordance with, the EveryDNS.net Acceptable Use Policy.
More specifically, the services were terminated for violation of the provision which states that “Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.” The interference at issues arises from the fact that wikileaks.org has become the target of multiple distributed denial of service (DDOS) attacks. These attacks have, and future attacks would, threaten the stability of the EveryDNS.net infrastructure, which enables access to almost 500,000 other websites.
Thus, last night, at approximately 10PM EST, December 1, 2010 a 24 hour termination notification email was sent to the email address associated with the wikileaks.org account. In addition to this email, notices were sent to Wikileaks via Twitter and the chat function available through the wikileaks.org website. Any downtime of the wikileaks.org website has resulted from its failure to use another hosted DNS service provider.
In another even related to WikiLeaks, Lahore High Court dismissed a petition on Friday seeking a ban on WikiLeaks website.
The petition was filed by Arif Gondal in which he termed the leakage of secret information
by WikiLeaks as a conspiracy to create a rift among Pakistan, Saudi Arabia and other Muslim
The petitioner requested the court to issue orders for imposing a ban on the website,he
argued that since Pakistan had good bilateral relations with a number of countries,
particularly Saudi Arabia and the leakage of these documents can adversely affect the relations.
Justice Sheikh Azmat Saeed of Lahore High Court dismissed the petition, calling it non-maintainable.
According to media reports Arif Gondal asked the court to ban the site as it has taken off clothes from everyone.
Justice Saeed reportedly remarked that we must bear the truth, no matter how harmful it is.
The decision is being seen as a major break through in terms of freedom of expression and
access to information in Pakistan.
Earlier,when the documents were released by WikiLeaks over the Internet having diplomatic
dispatches by US ambassadors and other foreign officials, it was clear that it will be no
less than a bombshell when it comes to relations between various countries.
The decision can have implications over government policies if they any time decide to ban the website through Pakistan Telecommunication Authority (PTA).
By Ansar Abbasi
ISLAMABAD: The case of newly discovered 11 missing persons, presently being heard by the Supreme Court, is yet another reminder of how callously intelligence agencies of the country operate without showing any respect to rule of law.
The saga of missing persons seems to be getting more and more complicated with every passing day as the governments, whether federal or provincial, political parties and parliament are simply incapable or indifferent to providing the needed support to the Supreme Court to keep intelligence agencies under check and to make them behave as per the law of the land.
Illyas Siddiqui, the attorney of these 11 persons, insists that the Lahore High Court had ordered the release of these 11 persons on July 21, and on July 28, the orders of the court were received by the Adiyala Jail’s superintendent but instead of releasing them, the jail authorities handed them over to intelligence agencies on July 29, from the main gate of the jail. He also referred to a video evidence to prove his point.
Siddiqui did not precisely name as to which intelligence agency had abducted these persons, all of whom were acquitted in terrorism cases, including rocket attack on the Pakistan Aeronautical Complex, Kamra, anti-aircraft shots fired at a plane carrying former President Pervez Musharraf and suicide attacks on the bus of an intelligence agency in Rawalpindi and at the main entrance of the GHQ.
A deputy attorney general told the apex court that none of the three leading intelligence agencies — ISI, MI and IB — have in their custody any of these missing persons. The Punjab government authorities also don’t admit that the acquitted persons were handed over to any of the intelligence agencies but say that all the persons were released as per the high court’s order.
The then Home Secretary, Nadeem Hasan Asif, said that after their acquittal by the court in terrorism cases, the Punjab government, on the recommendation of CID, kept them under detention, initially under Maintenance of Public Order (MPO) and later by invoking the Anti-Terrorism Act.
But when the LHC set aside these detention orders, Nadeem told The News, the jail authorities were asked to release all the acquitted persons. When asked, Nadeem said that none of the intelligence agencies, including ISI, MI and IB, had approached him either to keep these persons under detention or hand them over to the spy agencies.
On the files of the provincial government, all these detainees were released from the Adiyala Jail. However, when they were to be released, quite a reasonable number of their relatives were waiting outside the Adiyala Jail to receive their acquitted relatives. The superintendent and the deputy superintendent of Adiyala Jail have already been arrested from the Supreme Court following the court’s order.
No matter what the government files read, some of the provincial government authorities do believe that these 11 persons would have been in the illegal custody of the intelligence agencies.
Six out of these 11 persons are those who were acquitted in a case of attack on the ISI bus near Hamza Camp on the morning of November 24, 2007, killing 17 persons and injuring 35 others. According to media reports, the Punjab Police had held the intelligence agencies responsible for their acquittal on grounds of non-cooperation and mishandling of the case.
The report said that these six people were first picked up by intelligence agencies and were latter handed over to the Punjab Police after almost nine months of detention with not a single evidence provided to police and the spy agencies even refused to share any information gathered from the illegal detainees. These reports were carried by the national press in June this year and neither the Punjab Police nor the ISPR or any intelligence agency had rebutted the news.
Establishment’s policy of exploiting sectarianism is giving fruits–> a note on recent attacks on qadiyani worship places and mausoleum of ali hajveri
The strategy to exploit sectarianism to expand the war and extend the rule is hitting us badly. Previously attacks on qadiyani worship places and now mausoleum of ali hajveri not only show the incompetency of our security institutions but also show how bad the policies pay which are made with a narrow mindset filled with greed and prejudice. The logics like “Masjid e Zarrar” which were floated in the masses when they attacked lal masjid in Islamabad,bombed madrissahs resulted in the killings of innocent children,women and men in tribal areas, all in the name of “War on Terror” has resulted in more terror. The policy of divide and rule is giving its fruits.
So called nationalism and sectarian backed liberalism is hitting us bad. We really need to find a peaceful way out of this war. The war has strongly damaged our social fabric, now the diversity and some academic and historical differences which were there in the form of different sects like shia,sunni,wahabi,deobandi etc have now turned into a clash. All this was done deliberately like it is done in Iraq, Afghanistan and even in this region during 1757-1857 British takeover of Indian Sub-continent. In all cases local corrupt elite in politics, mercenary forces or so -called intellectual classes played their dirty role. If Musharraf has to be trialed someday, this crime alone should be enough to give him an exemplary punishment but the problem is current Zardari-Kiyani duo is toeing the same policies.
Whether innocent people are dying in drone attacks, military operations or suicide bombings the historical fact is they don’t add to the cause of peace but result in more terrorist activities which lead to more military operations and so this vicious cycle of death and fear is going on and on with no real directions.
We strongly oppose the innocent killings in the name of war, revenge or in any name. We demand a peaceful way out of this imperialist war against peace, humanity and justice.
Just a message for all:
“O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do.” (Al-Maeda:8)
Is this war really our war? It is destroying our lives,economy,social fabric and except a few from elite who are benefiting from all this rest are just suffering.
Lahore- Amin Fahim, The Pakistani federal minister for commerce has warned about the possibility of not achieving the export targets if electricity crisis and the law and order situation do not see any positive change.
He also said that terror attacks are making the foreign investor to reconsider their strategy in Pakistan.
He also told the media that the government is trying to Persuade United States, European Union and friendly Muslim countries to provide free market access to Pakistani products to revive its economy.
He was talking to the media during his visit to Lahore Expo Center.He said Rs3.5 billion needed for its completion have been sanctioned and the center would hopefully be operational in two months.
According to Fahim every time a bomb blast occurs foreign countries gave new advice to their citizens.
Pakistan being the front-line state of ongoing war in the region has suffered great economic and human losses as a price for its role in the war.The problems got worse with another ongoing issue of electricity affecting the industrial productivity especially for export goods.
PPP and Zardari especially have shown their incapability to run their country and hide their corruption.
In order to overshadow their weaknesses they are trying to go in a clash with institutions and other forces especially judiciary so that they can come out as victims.
The recent notification of President Zardari is also an attempt in this direction.
Supreme Court has rightly suspended the unconstitutional notification of Zardari to appoint the judges against the advice of Chief Justice.
In cases where president or governor or anyone requires consultancy means they need to consult the office whose consent is required for must. And the office being consulted needs to agree with the position otherwise the decision will not be implemented.
However in case of an advice given by the office whose consultancy is required for must, the advice needs to be implemented. It not only happens in SC CJ but also for PM advice to President, CM advice to governor and Provincial HC advice to government.
The office which needs consultancy (here presidency) cannot take the decision on their own on the matters where consultancy is required.
SC also has the duty (not only right) to interpret the wordings of the constitution. This
is not only in case of Pakistan but in most part of the world including so-called mother of
In this case which comes under article 177 the situation is same. Article says:
“177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day). “
The role of president here again is of just giving Presidential approval.
This is adapted from British system where in issues like these “Royal Assent” is required and even if it is not given due to some reason it is assumed that it is given after some given period but in this case formal approval is required.
According to the interpretation in Judges Case or Al-Jihad Case,in the appointment of the Supreme Court Chief Justice seniority principle will prevail and senior most will be made the Chief Justice (This was done to ensure judicial independence from executive discretion).
The issue currently is of new appointments in Supreme Court as Justice where the
consultation is binding on the president not the seniority principle.
Similarly in appointments of the High Court judges the consultation from CJ is binding on the president according to article 193.
SC once again proved their independence and their will to strengthen the judiciary by stopping the PLUTOCRATS to damage the federation for their evil goals.
Delaying the appointments of judiciary in High Courts is also an attempt by government to not only undermine judiciary but also to frustrate the common man from judiciary.
Another motive is to start a seniority issue between judges to break their strength but this also has failed.
For once we need to go for across the board accountability without becoming a prey of illusions created by the players of National Security Card, Democracy Card, Shaheed Card, Ethnic Card, Sectarian or any other Card.
Anyone who wants strong Pakistan instead of few faces ruling the country cannot afford a weak judiciary.
Also, the commitment for free judiciary shown by Justice Saqib Nisar and Justice Khwaja Shareef is appreciable.