NRO case: SC says PM violated his oath–>GeoTV

Source : http://www.geo.tv/GeoDetail.aspx?ID=30333

ISLAMABAD: A five member bench of the Supreme Court has decided to refer the six options relating to the NRO implementation case to the Chief Justice for constitution of a larger bench for hearing of these options.

Announcing the verdict on NRO implementation case‚ the bench headed by Justice Asif Saeed Khosa said the six options are being handed over to the Attorney General.

01: To initiate the contempt of court proceedings against the Chief Executive and the Secretary Law for not implementing the NRO verdict.

02: To declare the chief executive ineligible from the membership of the Parliament.

03: The court may form a commission to get the verdict implemented.

04: The people themselves decide on the issue and the court exhibit patience.

05: Contempt proceedings against Chairman Nab may be initiated.

06: The action may be taken against President for violating the Constitution.
The Supreme Court said in its order in NRO implementation case that the government has failed to implement the verdict.’The government is not taking interest to observe the order for the last two years. We knew that the actions we are about to take they may be unpleasant.’

‘The court has taken oath to defend the Constitution. The prime minister respected the party over the Constitution.’

‘The president in an interview to Geo News said his government would not implement one part of NRO verdict.’

As per Article 189 and 190 all institutions are bound to help the apex court, the order said.

‘Prima Facie the prime minister is not an honest man and violated his oath.’

The court recommended the case to the chief justice to form a larger bench to hear the case on January 16.
A Five-member bench of Supreme Court (SC) headed by Justice Asif Saeed Khosa resumed the hearing of the case pertaining to the implementation of National Reconciliation Ordinance (NRO) verdict today.

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Great Leaders Great Thoughts–>Jinnah on Oath and True Spirit

“I am persuaded to say this because during my talks with one or two very high-ranking officers I discovered that they did not know the implications of the Oath taken by the troops of Pakistan. Of course, an oath is only a matter of form; what are more important are the true spirit and the heart.” – Jinnah at Staff College Quetta 14th June 1948

Who is right?Who is wrong?(Judge from the constitution of Pakistan)

After his illegal actions against the judiciary and the constitution of Pakistan, the dictator almost daily give baseless statements justifying his illegal actions against the judiciary of Pakistan.

One of his allegation is tha judiciary was interfering in the executive and government

powers so to find the truth about the allegations  I decided to consult the constitution

to see what it says about the responsibilities of a judiciary:

Below are the words of Oath a judge takes

(from schedule 3 of the “Constitution of Islamic Republic of Pakistan).

[Articles 178 and 194]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces of ____________) I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law:

That I will abide by the code of conduct issued by the Supreme Judicial Council:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.

May Allah Almighty heap and guide me (A’meen.)

———————————————————————

Now if Musharraf says the judiciary was interfering then he should also think what the government and the executive

authorities were doing weren’t they violating the basic human rights?

(given by the constitution, with special reference to missing person’s case),

how about Musharraf’s elections?(the candidates eligibility in the constitution) and also in the cases of steelmills,

sugarcane etc.

Now lets look at what promises an armed force personnel has to do in his oath(The oath which Musharraf also took as an army officer).

Members Of The Armed Forces
[Article 244]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.

May Allah Almighty help and guide me (A’meen)
You have the right to judge.

Judiciary was just doing there job(infact after a long time), whereas the dictator has violated the constitution and his oath.

Lawyers to observe ‘Iftikhar Day’ on 31st—>The News

While condemning the continuous ‘house arrest’ of deposed Chief Justice Iftikhar Mohammad Chaudhry, his ten companion judges as well as legal fraternity leaders, lawyers announced that they will observe January 31 as “Iftikhar Day”.

The Sindh High Court Bar Association (SHCBA), on the recommendation of its President Rasheed A Razvi, decided to hold “Iftikhar Day” on January 31 and authorised its managing committee to invite members of political parties, civil society and other international organisations to participate in the event.

Lawyers on Thursday boycotted court proceedings in the Sindh High Court against the removal of the Chief Justice and other judges of the superior courts. They also observed a token hunger strike in this regard.

A protest meeting was held at the SHCBA hall which was addressed by the Pakistan Bar Council member Yasin Azad, Sindh Bar Council’s Salahuddin Gandapur and SHCBA’s President Rasheed A Razvi.

The speakers lauded the role of lawyers who continued their struggle for the independence of the judiciary. They urged civil society, political parties and professional bodies to support the cause of the legal fraternity for the restoration of deposed judges and independence of the judiciary.

The general body reiterated their pledge to continue their struggle in the light of guidelines given by the Pakistan Bar Council.

The two lawyers that observed a token hunger strike were Hashim Padhiyar and Adnan Ahmed

KBA: The Karachi Bar Association (KBA) has also announced to observe January 31 as ‘Justice Iftikhar Chaudhry Day’ in order to honour him as a ‘courageous judge’ who was facing a tough time since March 9, when he was first deposed by the the president of Pakistan.

This was endorsed at a general body meeting of the KBA which was held on Thursday with Naeem Qureshi its Secretary General in the chair. The Pakistan Bar Council has announced to observe the day, which was endorsed by all the courts association of the country.

On the day a ‘peace rally’ will be taken out from the City Courts which will march towards the Sindh High Court (SHC). The final destination of the rally would be announced on the day. Every lawyer participant will hold a placard in his hand with the portrait of the deposed Chief Justice of Pakistan.

The speakers at a general body meeting foresee a massive protest movement which soon be started, as they said that the speech of Justice (retd) Rana Bhagwandas at an oath-taking ceremony of KBA has given a message to the legal community, which stated that the desposed judges would soon be reinstated.

They said that lawyers would finalise a future strategy with regard to the movement in light of the speech delivered by the retired justice, which they termed a ray of hope to the community.

The speakers, however, cautioned the legal representatives to maintain solidarity as some anti-judiciary elements may try to sabotage the ongoing peaceful movement, which started in March last year.

They strongly condemned the detention of SCBA President Chaudhry Aitzaz Ahsan and Ali Ahmed Kurd and demanded their immediate release.

The lawyers, on Thursday, completely boycotted the courts proceedings as per schedule announced for the day.

About 400 UTP (under trial prisoners) were not brought and thousands of cases deferred for the next date. The 150 people arrested from different city areas for allegedly disturbing the law and order situation were waiting for remand and left the courts without any hearing.

The hunger strike plan schedule was postponed due to the absence of KBA President, Mehmood-ul-Hasan. On the first day of hunger strike, two of the main office-bearers — KBA’s Secretary General, Naeem Qureshi, and its President — were supposed to sit on the two-hour token hunger strike. Now, the hunger strike schedule will be revived after Ashura, Naeem Qureshi said.

New Army Chief Takes Charge of Pakistan Army

General Ashfaq Pervaiz Kiyani takes charge of Pakistan Army today  as Pervaiz Musharraf steps down as Chief of Army Staff.

 General Ashfaq Pervaiz Kiyani (Is heready to face the challenges?)

Apart from political and constitutional aspects, the latest development however can have some positive impacts as from now our army chief will be a non political person(although the traditional role of the army will be there).

Now the next step to stability can only be the step to reinstate the non PCO judges of supreme court,high courts and subordinate courts of Pakistan and also to end the military actions within the country as they are proving disasterous for the country.

Musharraf has a great chance to prove himself different from Ayub,Yahya and Zia(Former military dictators of Pakistan).

I hope he will realize all this.

President Pervez Musharraf administers the oath of the office of the Chief Justice of Pakistan to Justice Iftikhar Muhammad Chaudhry in 2005. Where it went wrong?