Chief Justice Of Pakistan

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Gilani urges more talks with India

July 17th, 2010 | No Comments

LAHORE (Agencies) Â– Prime Minister Syed Yousuf Raza Gilani Saturday called for more dialogue with India, a day after Foreign Minister Shah Mehmood Qureshi accused New Delhi of limiting a talks process.
Gilani said he believed India remained committed to the talks. Â“We want dialogues, they (India) too want dialogues, so when there will be talks then we will discuss all issues. At this point I cannot say something in the air,Â” Gilani told reporters after an official function at Balloki, near Lahore.
Â“They (India) had told us that they want to talk on all issues and I am sure that Indian prime minister is an honourable man and he will fulfil all his commitments,Â” Gilani said.
Gilani said that Manmohan Singh had assured him that all issues between the two countries would be discussed. He was referring to the meeting between the two in Thimphu on the sidelines of the SAARC summit in April.
Gilani said Pakistan wanted good relations with India and both countries were sincere in improving ties. He was talking to the media after inaugurating an independent power plant with generation capacity of 225 MW.
Â“It was our desire that India along with its people and we along with our people hold talks to improve relations between the two countries.Â”
To a question, the PM said that he had good relations with the judiciary and one can also ask from the Chief Justice of Pakistan about it.
Regarding the murder of BNP leader Habib Jalib Baloch, he said that law and order was a provincial matter and he had talked to the Balochistan Chief Minister who, he said, had ordered a judicial inquiry into the matter. The Prime Minister said that PPP did not believe in politics of violence and condemned it.
To another question, the premier said that the PPP government did not believe in victimisation and that was why there was not even a single political prisoner in the country in the PPP government.
To a question, he said, Â“The HEC chairman wished to meet me and I will soon meet him to know about his problems.Â” He said the HEC chairmanÂ’s brother was not being victimised as the PPP did not want to earn a bad name.
To yet another question, the prime minister said that wishes of mid-term polls would not be fulfilled and wherever anyone was disqualified, by-polls would be held.
He said that terrorists were beasts and talks could not be held with them, adding that talks were held with human beings.
Regarding terrorism in Punjab, the Prime Minister said, Â“whole Pakistan is ours and terrorism is a collective issue. And where there is terrorist we will take action.Â”
Earlier, addressing the inaugural ceremony of 225 MW Orient Combined Cycle Power Plant, Gilani said the government had prepared a comprehensive plan to double the power generation capacity within next ten years by initiating projects that could add a minimum of 20,000 MW by the year 2020. He said the plan was in addition to the projects already under construction.
Gilani said, Â“20,000 MW addition would comprise 6,000 MW on hydro, 6,000 MW on coal, 5,000 MW on gas, 1,000 MW on Naptha and other indigenous fuels while the remaining 2,000 MW from alternative energy resources, especially solar and wind.Â”
The prime minister said while translating the vision 2020 into reality, the govt had so far added a total of 1,708 MW through a combination of hydel and thermal sources, which included rehabilitated capacity of the existing Generation Companies (GENCOs), adding that another 2,795 MW of capacity additions were likely to be completed by December this year with an investment equal to US$ 5 billion.
He said, Â“We will ensure maximum efficiency gains in our generation, transmission and distribution systems.Â”
Gilani said the government would add to conservation drive through induction of energy savers, solarisation of water heating and irrigation pumps.
He said the 225 MW Orient Combined Cycle Power Plant was the fifth one after the Attock Power, Atlas Power, Nishat Power and Korangi Combined Cycle Power Plant launched by the present government in just one and half year.
He appreciated the intention of the sponsors to launch the second phase of the plant after confirming the gas supply.
Referring to the constrained gas supply, the prime minister said the govt had been making earnest efforts to import gas from the neighbouring countries, which would primarily be dedicated to the power sector.
Gilani thanked the primary sponsors of the project, including the
OmanÂ’s govt through Oman Oil Company and the German govt through Development Finance Institution (DEG).
Â“We cherish our relationship with both the friendly countries and projects like these are a demonstration of our commitment to foster economic ties amongst our respective govts,Â” he remarked.
Premier Gilani said most of the projects being implemented had been financed with local bank debt, which in the longer term was good for the economy because it reduced foreign exchange burden.
He said the focus on the countryÂ’s indigenous resources would not only decrease the burden on balance of payments but also lower the cost of power generation and provide the much-needed relief to the people.
Â“We also intend completing the projects designed to import hydro electricity from Central Asia and other countries as a part of low-carbon strategies,Â” he added.

Justice will be delivered: CJP

May 22nd, 2010 | No Comments

LAHORE – Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhary has said that justice will be delivered at all costs even if the sky may fall down.
He said that independent judiciary was imperative for the progress of the country as it is sure to attract investment.
The Chief Justice was talking to a delegation of Tax Bar Lawyers at his chamber. He said that taxes are vital for the country and State can work only if it gets taxes. He advised the lawyers to discharge their duties honestly and to play their role in assisting the judiciary. He said that the lawyersÂ’ movement had done a lot in bringing change in the society.
The Chief Justice said that rule of law and supremacy of the Constitution will make the system stronger.
The Tax Bar delegation briefed the CJ about their problems.

All dictatorial amends to go

February 21st, 2010 | No Comments

LAHORE Â– Prime Minister Yousuf Raza Gilani on Sunday said the nation would be getting another good news in March this year when all undesirable amendments introduced in the Constitution by the dictators would be revoked.
Addressing a joint meeting of PPP Punjab Executive Committee, divisional coordinators and district presidents at State Guest House here, the PM said that Constitutional Reforms Committee had almost completed its work and the Constitution would be restored to its original form before next presidential address to joint sitting of the Parliament in March this year.
Gilani said all unconstitutional changes made in the Constitution during dictatorial rules, including 17th Amendment, would be repealed by striking a balance of power between the offices of the prime minister and the president.
It is to be noted that PM Gilani recently gave a good news to the nation by withdrawing notifications regarding appointment of judges which was issued by the government against the advice of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, and which had brought the judiciary and the executive face to face.
Gilani told partymen that a strong party organisation was essential for a strong government, as the latter drew its strength from party cadres. He said the PPP leadership was determined to strengthen the party at gross roots level. He asked them to get ready for the upcoming local body elections in Punjab by starting the essential homework at the early stage.
The PM said the government was facing tough challenges in the form of terrorism, price-hike, unemployment and lawlessness, but it had the capability to face these. He asked the partymen to float their suggestions to overcome these problems.
Gilani also announced some development projects government intended to undertake in the near future. He said a teaching hospital would be set up in Bahawalnagar, whereas engineering universities would be established at Gujranwala and Sargodha besides an engineering college at Attock. He said a five-kilometre long overhead bridge would be constructed connecting old Ravi Bridge with Lahore City Railway Station.
Earlier, office-bearers of different party organisations complained to the PM about workersÂ’ problems, which they said, were not being addressed, neither at the provincial nor at federal level. Upon this, the PM told them that he was meeting with PML-N Quaid Nawaz Sharif and Punjab CM on Monday (today) at Raiwind over breakfast and would take up coalition matters with them.
It has been learnt that PM Gilani would brief PML-N leaders about the progress so far made on constitutional reforms and reassure them that all unconstitutional amendments would be struck down before President Asif ZardariÂ’s address to joint sitting of the Parliament. He is also likely to take up some contentious issues with Sharifs like renaming of NWFP in todayÂ’s meeting.
It merits mentioning here that Prime Minister Gilani has met Shahbaz Sharif several times and had also occasionally talked to Nawaz Sharif in the last two years to improve working relationship between the PPP and PML-N in Punjab, but with little success. The complaints of PPPÂ’s provincial parliamentary party and ministers regarding implementation of 40:60 power sharing formula as agreed between the two parties in the beginning are still there, as the PML-N has not moved an inch to share power with its coalition partner in Punjab. In this context, MondayÂ’s meeting between Premier Gilani and PML-N leaders is less likely to come up with any tangible outcome on the issues in question.

Restored judges don’t need Parliament’s approval: PM

February 16th, 2010 | No Comments

ISLAMABAD Â– Prime Minister Syed Yousuf Raza Gilani was quick in eating his words on Tuesday on judgesÂ’ ratification issue and said that in his MondayÂ’s speech, he did not mean to say that the judges, who were restored through his executive order, required ratification from the Parliament.
He, once again, made it loud and clear that whatever would be the interpretation of the apex court on the judgesÂ’ appointment issue the Government would accept it and implement it in its true letter and spirit.
Speaking on the floor of the National Assembly on Tuesday afternoon, Premier Gilani said that in his MondayÂ’s address in the Parliament, he did not mean to say that the judges who were restored through his executive order, needed to be approved by the Parliament. However, he said that he tried to say that at the time of restoration of judges, this issue had arose and some legal minds were of the view that in case of restoration of the judges through an executive order, they would be requiring ratification of the Parliament.
He recalled that the decision of restoration of the judges was made at around 12.00 mid-night on March 16, 2009 but he made the decision public at around 6.00 in the morning only because he was having the input of the legal minds in the draft of the executive order for restoration of the judges to avoid legal complexities.
He further said that there was also a proposal that the judges should be restored through passage of a resolution from the Parliament but in his view the executive order was the better option for it and he did it in consultation with the legal experts.
He, once again, said, Â“ The Parliament is the supreme body and it has the right to write and rewrite the Constitution,Â” and quickly added that the Government would accept the decision of the apex court.
He further said, Â“Under the Constitution, President of Pakistan is the authority to appoint judges with consultations of Chief Justice of Pakistan.Â” But the consultation should be meaningful, he said. He added that in this connection the Government had requested the court to further interpret the procedure for appointment of the judges.
He further said if the Parliament, which is the supreme body, wants that a judge should appoint a judge, then they are ready to do it as well.
He said that the Constitutional Reforms Committee of the Parliament was in session and in case they came up with some other mechanism for the appointment of judges then the Parliament had every right to do legislation in this regard.
He, however, made it clear that whatever amendments the Committee would propose, the current vacancies in the apex judiciary would be filled through the existing mechanism.
Earlier, the National Assembly on Tuesday referred four bills, introduced by private members, to the standing committees concerned of the House for further discussions. These bills include Rehabilitation Authority for Victims of Violence and Abuse Bill moved by Mrs. Yasmeen Rehman and Dr. Azra Fazal Pechuhu and Pakistan Citizenship (Amendment) Bill moved by Ms. Bushra Gohar. Dr. Azara Fazal Pechuhu and others moved the HIV/AIDS Safety and Control and Raja Muhammad Asad Khan and others moved the Code of Criminal Procedure (Amendment) Bill before the House.
Minister for Labour and Manpower, Syed Khurshid Shah has said that the Government held the judiciary in high esteem and was bound to implement its verdicts on all issues. Responding a point of order in the National Assembly raised by Ms. Anusha Rehman, he said the PPP was among those, which made efforts for restoration of the judges. Referring to speech of the Prime Minister in the House yesterday, he said that he (PM) had no intention to disgrace the judiciary but he talked about the difficult position, which the Government was facing for their restoration. Later, the House resumed discussion on an adjournment motion regarding construction of Baghliar and Kishan Ganga Dams and Wuller Barrage by India in violation of Indus Basin Water Treaty.
The members of the National Assembly, taking part in the debate on aforesaid issue, urged the Government to take up water issue with India on the international level.
They said that India was violating Indus Basin Water Treaty and was working on a plan to construct dams to utilise Pakistani water that must be stopped. They condemned India for construction of Baghliar Dam and its plans for construction of Kishan Ganga Dam and Wuller Barrage. The members said that Pakistan was facing acute shortage of water and according to the United NationsÂ’ report that per capita water availability has come down from 5500 cubic metres in 1950 to 1000 cubic metres at present. They said that Pakistan was being converted into a desert and the Government should take the notice of the situation and should make efforts to compel India for implementing Indus Basin Water Treaty.
Those who took part in the debate include Ms. Palwasha Khan, Humayun Saifullah Khan, Mir Munawar Talpur, Minister for Inter-Provincial Coordination Aftab Jilani, Aftab Ahmed Khan Sherpao and Riaz Hussain Pirzada.
Federal Minister for Labour and Chief Whip, Khurshid Shah in response to a point of order gave assurance to the House that women travellersÂ’ respect and honour at security check post in FATA and settled areas would be ensured.
Â“Checking is a routine process but we shall ensure respect of the women,Â” he said. However, he mentioned that in some cases terrorists wear veils to carry out terrorist activities. The Minister proposed to have scanners or deployment of lady security personnel for checking of the women.
Kamran Khan, on a point of order, said in settled areas adjacent to Waziristan, the women were humiliated during checking at police and FC check posts. Â“These personnel should be ordered to maintain respect of the women and alternate security arrangements should also be ensured,Â” he added.
On another point of order, Bushra Gohar pointed out serious irregularities mentioned in the audit report of a USAID funded project executed in FATA during 2008. The member demanded that the audit report in the House should be presented, as she claimed that money allocated for the FATA under certain other projects was not properly spent in the area.
Mahboobullah Khan urged the Government to continue projects of National Commission for Human Development (NCHD) and recounted number of projects successfully executed under this programme. Â“The NCHD has got enrolled 8.2 million children between 5-7 years age, at schools in 117 districts, technically trained 13.77 million women in 80 districts, trained 669,000 women for vaccination, trained 327,000 volunteers and trained thousands of the Government employees,Â” he said.
Gul Muhammad Jakhrani demanded to close down the power plant being installed on the Chashma Canal.
Khalida Mansoor demanded of the Government to brief the House about recent population control agreement with UNFPA. Nadeem Afzal Gondal demanded ban on the dowry, saying that millions of poor people in the country could not get their daughters married due to this curse.

BHC judges opt for retirement

August 4th, 2009 | No Comments

QUETTA-All the five judges of Balochistan High Court (BHC) have requested for early retirement after the landmark decision of the Supreme Court.
The five judges including Chief Justice BHC Amanullah Khan Yasinzai, Justice Ahmed Khan Lashari, Justice Akhtar Zaman Malghani, Justice Kelash Nath Kohli and Justice Nadir khan were working in the high court against the existing 11 posts of judges.
All of them were affected by the decision of the larger bench of the Supreme Court.
Though all the five judges of BHC were appointed before November 3rd, 2007 but they had taken fresh oath under PCO following imposition of emergency.
Under the decision of Supreme Court references were to be filed against judges of BHC in the Supreme Judicial Council.
Â‘Only three options were left with the judges of BHC including tendering of resignation, facing references in Supreme Judicial Council and opting for early retirement,Â’ said Amanullah Baloch, President Balochistan Bar Association while talking to TheNation.
Â‘Judges of Balochistan High Court opted for premature retirement instead of facing references in the Supreme Judicial Council, because in this way they can enjoy benefits of retirementÂ’, said some legal experts.
They submitted their requests addressed to the President for early retirement in the office of registrar of Balochistan High Court.
Later on Chief Justice and other judges came in the Bar Room of Balochistan High Court and met the lawyers. When judges left for their homes there were no flags on their vehicles.
Balochistan was the only province where no judge had resigned following the sacking of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry and over 60 other judges of superior judiciary.
After the decision of the judges to opt for early retirement, no judge has been left in BHC thus creating a judicial crisis in province.
Litigants are facing serious difficulties as no proceedings were being held in Balochistan High Court.
Around 4,000 cases are pending in the high court, said officials of the high court and added prevailing situation would further increase this number.
Some legal experts opined that Justice Amnaullah Khan Yasinzai would remain the Chief Justice till the request for retirement was acceded to.
However, after acceptance of his request one of the two judges in Supreme Court belonging to Balochistan could be made acting Chief Justice of Balochistan High Court. They are Mr. Justice Javed Iqbal and Mr.Justice Raja Fayyaz Ahmed.
Legal experts said that after the appointment of acting Chief Justice new judges would be appointed in Balochistan High Court.

No compromise on verdicts: CJ

August 3rd, 2009 | No Comments

ISLAMABAD – Chief Justice Iftikhar Muhammad Chaudhry Monday said that National Judicial Policy (NJP) would be vigorously implemented despite shortage of required funds.
Chairing a full court meeting at the Supreme Court building, the Chief Justice said that pending cases were being disposed of expeditiously, however, no compromise would be made on the standard of judgements. The aim of the meeting was to review progress over the implementation of the NJP.
The Chief Justice said that public confidence in judiciary had enhanced and judiciary, in return, would strive further to retain the confidence.
The full court meeting discussed and deliberated over a number of issues and it was decided that disposal rate of cases would be enhanced through discouraging adjournment and all energies would be put together to achieve the purpose. Â“Adjournments would only be granted in extraordinary situations with pressing reasons,Â” it was decided.
The meeting decided to devise policy of imposing cost to discourage the culture of frivolous and false cases and penalty would be imposed against persons lodging such cases. Categorisation of cases as per subject matter, both in the criminal as well as in the civil matters, would be carried out and certain categories would be given priority. Special benches would be constituted for hearing the cases continuously for some weeks, the meeting decided.
The formation of committees to monitor the functioning of Anti-Terrorist Courts in the light of Sh Liaquat HussainÂ’s Case was also discussed and Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalil-ur-Rehman Ramday and Justice Mian Shakirullah Jan, one for each province, were nominated for the purpose.
High Courts would also be requested to constitute committees for quick disposal of anti-terrorism cases by special courts and appeals in high court, it was decided. The Chief Justice of Pakistan would directly supervise the committees formed at the Supreme Court as well as at the high court level, the meeting decided.
The meeting also decided to reduce the vacations of judges of the superior judiciary and urged the judges to work hard beyond scheduled times to maximise disposal of cases.
Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalil-ur-Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasir- ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Ghulam Rabbani, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja and Justice Anwar Zaheer Jamali attended the meeting, while two PCO judges, Justice M Javed Buttar and Justice Faqir Khokhar, were not invited to the meeting.
It is worth mentioning here that a good number of cases have been disposed of since March 24, when the Chief Justice Iftikhar Muhammad Chaudhry resumed his office along with other deposed judges of the superior judiciary.

Musharraf’s emergency illegal

July 31st, 2009 | No Comments

ISLAMABAD – The Supreme Court on Friday declared unconstitutional the steps taken by former military ruler Gen (r) Pervez Musharraf on November 3, 2007 including the imposition of emergency, promulgation of Provisional Constitution Order (PCO) and sacking of as many as 61 judges of the higher judiciary.
Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, heading the 14-member bench that heard the judgesÂ’ case, announced the unanimous verdict to this effect in a court full of lawyers, journalists, and political and civil society activists.
The apex court also declared unconstitutional the appointment of Justice Abdul Hameed Dogar as the Chief Justice of Pakistan, thus nullifying all the appointments made in the higher judiciary with his consultation. The PCO judges were found guilty of misconduct, were suspended and were thereby referred to the Supreme Judicial Council. The total number of Judges of the Supreme Court, after yesterdayÂ’s verdict, now stands at 16 plus the Chief Justice.
The present democratic dispensation, however, is protected in the judgment and the general elections of February 18, 2008 and the government formed as a result of the elections has been declared constitutional.
The larger bench invalidated the Supreme Court judgment in Tikka Muhammad Iqbal case, which had validated the imposition of emergency and promulgation of PCO by Gen (r) Pervez Musharraf, thus invalidating all the steps taken by former dictator during the suspension of the 1973 Constitution during November 3, 2007 and December 15, 2007.
The SC judgment in Tikka Iqbal case had also declared the ordinances promulgated by Gen (Retd) Pervez Musharraf or by governors of the provinces during or before the November 3, 2007 emergency as valid laws, hence not requiring approval of the Parliament or the respective Provincial Assemblies in terms of Article 89 or 128 of the Constitution.
However, the larger benchÂ’s judgment invalidated ordinances relating to the higher judiciary promulgated during the above-mentioned period including the Constitution (Amendment) Order, 2007, the Constitution (Second Amendment) Order, 2007, the Islamabad High Court (Establishment) Order 2007, the High Court Judges (Pensionary Benefits) Order, 2007 and the Supreme Court Judges (Pensionary Benefits) Order, 2007.
The remaining ordinances were, however, referred to the Parliament, stating that the period of 120 days and 90 days mentioned respectively in the Article 89 and Article 128 of the Constitution, would be deemed to commence from Friday, July 31, and directed that these ordinances be placed before the Parliament or the respective Provincial Assemblies in accordance with law.
The verdict held that all the judges deposed on November 3, 2007 should be deemed to have never ceased to be judges. The verdict also declared that the office of the Chief Justice of Pakistan never fell vacant on November 3, 2007 and therefore the appointment of Justice Abdul Hameed Dogar as Chief Justice of Pakistan was unconstitutional and invalid. It was, however, declared that the unconstitutional appointment of Justice Abdul Hameed Dogar should not affect the validity of any administrative or financial acts performed by him or of any oath made before him in the ordinary course of the affairs of the said office.
The verdict also nullified all the appointments of judges to the Supreme and High Courts made in consultation with Justice Abdul Hameed Dogar. The judges thus elevated from lower courts to the higher courts should revert back to their respective courts, the judgment said.
The Judges of the Supreme and High Courts appointed before November 3, 2007 but who took oath to their offices under the PCO in disobedience to the order of the 7-member bench passed on the same day were referred to the Supreme Judicial Council to be proceeded against under Article 209 of the Constitution. Secretary Law has been directed to take steps in the matter accordingly.
However, any judgments delivered or orders made or any decrees passed by any Bench of the Supreme Court or of any of the High Courts which comprised of or which included the afore-described Judges whose appointments had been declared void are protected on the principle laid down in Malik Asad AliÂ’s Case, the judgment said.
The judgment said that since the Constitution (Amendment) Order, 2007 and the Islamabad High Court (Establishment) Order 2007 have been declared to be un-constitutional and of no legal effect, therefore, the said Islamabad High Court shall cease to exist forthwith.
The judgment said that all judicial matters pending before the Islamabad High Court before the passing of the judgment should revert/stand transferred to the courts, which had jurisdiction in the said matters before the promulgation of afore-mentioned Presidential Orders. The Judges of the said Court should cease to be Judges except those who were already judges of other courts, who should revert to their respective courts. The officers and employees of the said Court shall also cease to hold their respective appointments and shall become part of the Federal Government Surplus Pool for their further appointments. However, if any such officer or employee was an officer or an employee of some other court or department or office, they should revert to their respective courts, departments or offices.
The verdict, however, said that establishment of a High Court or a Federal Court for the Federal Capital Territory might be a desirable act but regretted that such step was taken in an un-constitutional and a highly objectionable manner. Â“We may, therefore, add that notwithstanding what has been declared and ordered above, the relevant and competent authorities may take steps to establish such a court in accordance with the ConstitutionÂ”, the judgment said.
The judgment said that under Article 176 of the Constitution, the strength of the Supreme Court judges could be modified only through an act of the Parliament, therefore, the increase in the strength of the Judges through the Finance Act, 2008 which was passed only by National Assembly would be deemed to be valid only for financial purposes and not for the purposes of Article 176 of the Constitution. It is resultantly declared that the number of Judges of the Supreme Court for purposes of the said Article 176 shall continue to remain one plus sixteen.
The judgment said that a new clause should be added in the Code of Conduct prescribed for the Judges of the Superior Courts in terms of Article 209(8) of the Constitution, commanding that no such Judge should, hereinafter, offer any support in whatever manner to any un-constitutional functionary who acquires power through unconstitutional methods and that any violation of the said clause would be deemed to be misconduct in terms of the said Article 209 of the Constitution.
The judgment also declared that as Justice Abdul Hameed Dogar was not a valid and constitutional consultee, therefore the notification dated August 26, 2008 and September 15, 2008 extending the term of office of Justice Abdur Rashid Kalwar and Justice Zafar Sherwani as Additional Judges of the High Court of Sindh are declared to be un-constitutional and of no legal effect.
The judgment also said that any declaration made herein should not in any manner affect the general elections held on February 18, 2008 and the government formed as a result thereof i.e. the President, the Prime Minister, the Parliament, the provincial governments and anything done by these institutions in the discharge of their functions. These acts are fully protected in terms of the age-old principle of Salus Populi Est Suprema Lex (The welfare of the people is the ultimate law), the judgment said.
The court held that the present representative of people firmly believed in strong and independent judiciary and the democratic system which, it said, was evident from the restoration of the judges deposed on November 3, 2007, which, it said, implied that the present representatives of people denied the validity of the actions of General (Retd) Pervez Musharraf taken from November 3, 2007 to December 15, 2007 during which the Constitution remained suspended.

SC to review Dogar’s status

July 27th, 2009 | No Comments

ISLAMABAD – Justice Khalil-ur-Rehman Ramday, member of the 14-member larger bench of the Supreme Court hearing judgesÂ’ appointment case, Monday observed that no one had accepted Justice (Retd) Abdul Hameed Dogar as constitutional chief justice of Pakistan and that the Supreme Court would review his legal and constitutional status.
Headed by Chief Justice Iftikhar Muhammad Chaudhry, the bench is hearing two separate petitions filed by federal government, seeking extension in jobs of two Sindh High Court judges, Justice Pir Ali Shah and Justice Bin Yameen. The two judges were reverted to the posts of additional judges as a result of a judgement passed by a five-member bench of the Sindh High Court (SHC).
The bench has also clubbed the petition filed by Sindh High Court Bar Association (SHCBA) seeking regularisation of services of two SHC judges Rashid Kalhoro and Zafar Sherwani.
During the course of proceedings, the Chief Justice asked counsel for Justice Bin Yameen, Justice (Retd) Malik Qayyum, to argue on the constitutional status of former chief justice Abdul Hameed Dogar. Malik Qayyum submitted before the court that everyone had accepted him as the chief justice of Pakistan and President Asif Ali Zardari had taken oath of his office from him.
He said if Abdul Hameed Dogar was declared as de facto chief justice, it would have widespread repercussions. He said he did not want to indulge in arguments on this point.
The Chief Justice directed Qayyum to carry on with his arguments, saying the court was afraid of nothing. Â“Let there be put an end to the mistakes committed in the past,Â” the Chief Justice said.
Justice Ramday said that no one had accepted Dogar as chief justice and that his legal and constitutional status would be reviewed. He said that the court was not interested in the issue who owned Dogar as chief justice.
Malik Qayyum requested the court to first decide SHCBAÂ’s petition and then decide the case of his client. He contended that there was no opposition over the appointment of Justice Bin Yameen, adding the Sindh Governor and the Chief Justice of Supreme Court were unanimous for his appointment as permanent judge. He said he was made additional judge due to the plea of SHCBA, which, he said, was unconstitutional.
Advocate General Sindh Yousaf Leghari said that the larger bench hearing the petitions consisted of those judges who were restored and reappointed after taking oath from Justice Abdul Hameed Dogar. At this point, the Chief Justice said that all the judges were restored and not reappointed.
President SHCBA Rashid A Rizvi in his arguments said that the appointments of all judges during November 3, 2007 and December 15, 2007 were illegal and unconstitutional. He said the sole objective behind the imposition of emergency was to remove judges of the apex judiciary.
The case was adjourned till July 29 (Wednesday).
The same bench also heard former chief justice Sajjad Ali ShahÂ’s petition for granting him pension and other benefits as the former chief justice of Pakistan. The Chief Justice remarked during the proceedings that government should demonstrate generosity in this case, as was demonstrated in Justice Saad Saood Jan case.
Deputy Attorney General Agha Tariq read out written statement of the ministry of law and justice, which stated that government would abide by any decision rendered by the Supreme Court. The Chief Justice directed DAG Agha Tariq to ask the government to show generosity in the matter.

Judiciary is responsible: CJ

July 20th, 2009 | No Comments

ISLAMABAD – Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has said that the judiciary should accept responsibility for the failure of democracy in the country where one elected prime minister had been hanged and the other thrown out of the government.
He passed these remarks during the hearing on Monday of a petition seeking regularisation of services of two Sindh High Court judges.
During the proceedings, the chief justice observed that the Supreme CourtÂ’s decisions in Maulvi Tameezuddin down to Tikka Iqbal cases were wrong and regretful. He said if the judiciary had stood firm in those cases, the November 3, 2007 mishap would have never happened.
He further remarked that the judiciary would have to put its own house in order.
Justice Iftikhar The Chief Justice said the case was of immense importance and going to decide the future of democratic order in the country.
Headed by Chief Justice Iftikhar Muhammad Chaudhry, a 14-member larger bench is hearing the petition filed by Sindh High Court Bar Association (SHCBA) seeking regularisation of services of two SHC judges, Rashid Kalhoro and Zafar Sherwani.
Comprising no PCO judge, the bench will also review the SC judgement in Tikka Iqbal case validating the imposition of emergency in the country on November 3, 2007 and sacking of over 60 judges of the apex judiciary. The same bench will also hear today (Tuesday) Barrister Akram SheikhÂ’s petition against the PCO judges.
The chief justice also issued notices to the federation, provincial law secretaries and secretary human rights in this regard on Monday.
The judgesÂ’ case has a direct link with the SC decision in Tikka Iqbal case, as the same case provided basis for the then chief justice Abdul Hameed Dogar to deny confirmation to the two SHC judges. The SC judgement in Tikka Iqbal case
said the judges sacked after imposition of emergency were Â“past and closed transactionÂ”.
Justice Iftikhar said imposition of emergency was not only an issue of 60 or so judges but was also a subject of the supremacy of the Constitution.
Former president SHCBA Rasheed A Rizvi is pursuing the case on behalf of the association. He read out the texts of the emergency order and the presidential speech that followed it.
At a point in the speech when the then Army Chief and President Pervez Musharraf had expressed that he was in favour of independent judiciary, Justice Khalilur Rehman Ramday exclaimed, Â“Independence of judiciary through detention of judges!Â” Â“What was their fault?Â” the CJ also asked.
Justice Ramday further remarked that a single person involved state institutions, including the Armed Forces, in an unlawful action for his personal gains, which, he said, was the greatest damage even done to the country. He also regretted that no judgement of the Supreme Court was cited in the Tikka Iqbal case.
Justice Sarmad Jalal Usmani remarked that all those persons who had advised and drafted the emergency order should also be brought to justice.
At a point in the emergency proclamation order, Musharraf had levelled allegations against the SC bench hearing the petition against his bid to contest presidential election in uniform saying that the bench was using delaying tactics in disposing of the case and was, thus, creating uncertainty in the country.
To this, Justice Ramday observed that the said bench heard the case even on Saturday and Sunday and a member of the bench could join the wedding ceremony of his daughter only on the last night. He lamented the fact that no member of the bench hearing Tikka Iqbal case responded to the allegations levelled against the apex judiciary.
Justice Javed Iqbal said the judges were also loyal citizens of Pakistan and could not even think of creating uncertainty in the country. Instead, Musharraf wanted to have decision of his own choice, he added.
At another point, he said Musharraf imposed emergency when he realised that he would not be allowed to contest presidential elections in uniform. He said some judges read the writing on the wall while others did not.
At this, the CJP Justice observed, Â“Those who had not read the writing on the wall joined us.Â”
Rasheed A Rizvi said the 7-member SC bench in Tikka Iqbal case revived the Â‘doctrine of necessityÂ’ already buried by the 9-memebr bench of the same court in Sheikh Liaqat case. He further said President Zardari on March 21, 2009 while reinstating CJ Iftikhar Muhammad Chaudhry had recognised that he was de jure chief justice while Abdul Hameed Dogar was de facto one.
Later on, the case was adjourned till today (Tuesday).