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.
Student Action Committee (SAC) Protest For Missing Persons
Saturday, 30th January 2010,
3:30 – 5:30 p.m.
Liberty Roundabout, Lahore
“They disappear without a trace. Their families exist in torturous limbo. They lay awake wondering about their loved ones’ whereabouts and condition. Terrifying thoughts come to their minds evoking tears and a jolt to their heart. Their meaning of life altered. Forever”
Since the start of the US led war on terror in 2001 hundreds of people have been illegally picked up from Pakistan. Amnesty International has stated that Pakistan has detained hundreds of alleged terror suspects without legal processes. It has been speculated that some were tortured or otherwise ill-treated, some were sold to the US military and others vanished without a trace. Some of the missing were Al-Qaeda suspects but others included innocent women and children. The families of missing persons in Pakistan have been running exhaustively in search of justice and information about their loved ones. They see no light at the end of the tunnel.
For too long us Pakistanis have remained silent as things around us spiral out of control. If you want to make a difference, it is time to stand up, be heard and be counted, for history will never forgive us for being indifferent to the plight of our people.
Join us to protest against the forced abductions of the citizens of Pakistan and demand their immediate return to the country.
‘Our lives begin to end the day we become silent about things that matter’
- Martin Luther King, Jr.
5 Pakistanis still in Gitmo,Dr. Aafia still waiting for justice–>Hail Ya Nobel Peace Prize Committee
According to Foreign Minister Shah Mehmood Qureshi , there are still 5 Pakistanis in Guantanamo Bay prison which Nobel Peace Prize winner President of USA promised to close around a year ago but as he got the prize on the bases of pure expectations not achievement so you can understand what liability he holds.
There is still no good news for Dr. Aafia despite Governments drama of making some good efforts, it’s a real shame for USA system of justice, Pakistani system of justice and security, international community and the civil society of world that they are not able to provide justice to an innocent women and her children (2 of which are reported to be killed under USA custody).
HAIL YA NOBEL PEACE PRIZE COMMITTEE FOR MAKING MOCKERY OF THE CONCEPTS OF PEACE AND HUMANITY!
Do watch Yvonne Ridley address on Dr. Aafia Siddiqi case at the end of this post.
Five Pakistanis still in Gitmo, Qureshi tells National Assembly
Five Pakistanis are still imprisoned in Guantanamo Bay, Foreign Minister Shah Mehmood Qureshi told the National Assembly (NA) on Friday. In a written reply, the foreign minister told the House that the men are: Balochi Amar Ali, Khan Majid, Abu Rehman Abdul Rabbani, Rabbani Muhammad Ahmad Ghulam and Paracha Saifullah. Qureshi also told the House that the government was taking all possible measures for the repatriation of Dr Aafia Siddiqui from the US. The House was further told that total number of polio cases for the period from January 2007 to December 2008 is 117. Speaking on a point of order, PML-N MNA Faiz Muhammad Khan said funds allocated for the rehabilitation of earthquake affectees had been embezzled. He said the loans of the earthquake affectees were not written off and demanded an inquiry into the funds. The National assembly was informed that the government is concentrating on promotion of research in the agriculture sector with an objective to give boost to agricultural products. Parliamentary Secretary for Health Mehreen Razaq Bhutto said efforts have been made to control TB and 5,000 centres were working all over the country. Railways Minister Ghulam Ahmed Bilour told the House Pakistan Railways had planned to dualise the railway track between Lodhran and Peshawar. He said work on Lodhran-Raiwind section would be completed by December.
Aafia case adjourned–> The News
Wednesday, October 14, 2009
THE Lahore High Court has been informed that Dr Aafia Siddiqui’s case cannot be taken to the International Court of Justice (ICJ) without the consent of America and Afghanistan.
A deputy attorney general, appearing on behalf of the Interior Ministry, said this on Tuesday in reply to a petition, filed by Barrister Iqbal Jafferry, seeking the court’s directions for invoking jurisdiction of the ICJ for recovery of Dr Aafia from the US detention.
The petitioner’s lawyer insisted that there was no need to get the consent of the US or Afghanistan as there was a treaty which allowed Pakistan to move the ICJ on its own.
However, the court adjourned hearing till October 30 and asked the petitioner to file his written reply in this regard.
Dr Aafia was reportedly arrested from Karachi on March 30, 2003, from outside her house to be taken to Afghanistan.
Later, she was transported to the US, where she was being tried under terrorism charges for attempting to kill two American investigators.
Two of her American national children were still missing while one of her child had been handed over to her sister by the Interior Ministry.
Video of Yvonne Ridley Speaking on Dr. Aafia Case
Pakistan Tehreek-e-Insaaf (PTI) Chairman Imran Khan has reiterated his demand to stop military operation in turbulent areas, saying issues can better be solved through dialogue.
Addressing workers’ convention on Saturday, Imran announced that the party would observe October 9 as Balochistan Day and he would visit the province on October 10 to express solidarity with Baloch people.
The PTI chief condemned torture on innocent civilians as depicted by a recently-released video. He said it would really be injustice with Army if we didn’t point fingers over this sad incident. He demanded Army Chief Gen Ashfaq Pervaiz Kiyani try soldiers involved in torture of citizens.
Calling for the need to end military operations in Swat and Malakand, he said: “We stood by our Army and completely supported it but we opposed the use of force”. He said justice was the right of every Pakistani citizen and this issue must be resolved through dialogue rather then waging a war.
Expressing solidarity with the people of Balochistan, Imran said the PTI would observe October 9 as Balochistan Day to express solidarity with Baloch people. He said cruelty could never be justified whether it was done by Taliban or government. He said he would himself visit Balochistan on October 10 and the Pakistan Tehreek-e-Insaaf would continue to oppose injustice done to the people of the country.
He said the PTI was becoming a vibrant political force and he envisaged a youth revolution in coming years.
He said the PTI was no more a silent political party and it was popular among expatriate Pakistanis as well.
He said workers had to play their role in strengthening the PTI while showing better performance and improving party structure. He said the party would emerge as the largest political party due to untiring effort of its workers.
Pakistan Tehreek-e-Insaaf leaders, including Ahsan Rasheed, Mian Mehmood ul Rasheed, Admiral (retd) Javed Iqbal, Raja Javed Mujtaba, Asif Khan, Umer Sarfaraz Cheema and others also spoke on the occasion.
Party members from various districts criticized the PML-N led Punjab government for its failure to address issues related to provincial administration.
Members of districts, including Hafizabad, Narowal, Gujranwala and Mandi Bahauddin expressed their views on the occasion.