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)

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

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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 :

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(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.

Objective Resolution of Pakistan——>It seems we are losing the objectivity.

I was just going through the objective resolution of Pakistan which is considered as the guiding principle for our constitutional setup and also is considered as the reflection of the ideology of Pakistan in the constituion…I wonder if someone knows the importance of this resolution(It seems we are losing the objectivity associated with our ideology).

1. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.
2. The State shall exercise its powers and authority through the chosen representatives of the people.
3. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.
4. Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam as set out in the Qur’an and Sunnah.
5. Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.
6. Pakistan shall be a federation.
7. Fundamental rights shall be guaranteed.
8. The judiciary shall be independent.

I don’t know what to do? Laugh at our situation or to cry out loud.

May Allah give us Hidayat.

Long live Pakistan