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Posts Tagged ‘judges’

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


ISLAMABAD – Prime Minister Syed Yousuf Raza Gilani was quick in eating his words on Tuesday on judges’ ratification issue and said that in his Monday’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, “ The Parliament is the supreme body and it has the right to write and rewrite the Constitution,” and quickly added that the Government would accept the decision of the apex court.
He further said, “Under the Constitution, President of Pakistan is the authority to appoint judges with consultations of Chief Justice of Pakistan.” 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.
“Checking is a routine process but we shall ensure respect of the women,” 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. “These personnel should be ordered to maintain respect of the women and alternate security arrangements should also be ensured,” 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. “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,” 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.

Pakistan’s top court blocks presidential appointment of two judges

Pakistan’s Supreme Court has suspended a presidential order appointing two judges in an ruling observers say could lead to a confrontation between the judiciary and the government. President Asif Ali Zardari’s spokesman issued a statement dismissing rumors that the government was planning to

Council sends explanatory letters to judges

The High Judiciary Council of Serbia (VSS) said that it sent an explanatory decision to every judge who was not reelected recently. This was not a “circular letter”, as some judges who were not reelected claim, said the council.

Govt. greenlighted BIA to vet judges

The government passed a decree last year enabling intelligence agency BIA to conduct security checks on those taking jobs in courts. This is according to a statement by BIA Director Saša Vukadinović, reported in Belgrade today.

“EULEX wants agreement over judges”

Priština’s Albanian language daily Koha Ditore writes that EULEX is reserved towards the Kosovo Albanian government idea to “install judges” in the north. According to this, the EU mission in the province, EULEX, does not favor appointment of judges in the Serb-dominated north “without agreement with representatives of all communities”.

“EULEX wants agreement over judges”

Priština’s Albanian language daily Koha Ditore writes that EULEX is reserved towards the Kosovo Albanian government idea to “install judges” in the north. According to this, the EU mission in the province, EULEX, does not favor appointment of judges in the Serb-dominated north “without agreement with representatives of all communities”.

Judges Question FCC’s Network Neutrality Authority

The FCC faces tough questions about its legal authority to penalize Comcast for throttling peer-to-peer traffic from BitTorrent. Comcast tells the U.S. Court of Appeals for the District of Columbia Circuit that the FCC’s network neutrality principles are nothing more than a policy statement and do not carry the weight of rules, regulations or laws and urges the court to remove the black mark against its name.
– A
three-judge federal panel appeared Jan. 8 to question the Federal
Communications Commission’s legal authority in the 2008
decision that found Comcast guilty of violating the FCC’s network neutrality
principles. Comcast complied with the FCC’s order to stop throttling
peer-to-peer Internet tra…


New judges, prosecutors sworn in

Newly-elected judges and deputy prosecutors have been sworn in at Wednesday’s parliamentary session by Speaker Slavica Đukić-Dejanović. Once the new judges and prosecutors took their oaths, newly elected magistrates were also sworn in.

Parliament elects 876 judges

The Serbian parliament elected 876 judges to three-year mandates in general and special courts around the country. It also elected 88 deputy prosecutors.

“Clear criteria for reelection of judges”

Justice Minister Snežana Malović has denied that the recent reelection of judges was partisan and without clearly set criteria. “It is not true that the criteria was not public from the very moment it was outlined,” Malović told B92 TV.

EULEX: Tough conditions for judges

EULEX says the judicial system in Kosovo is not sufficiently protected from outside influence, and that Kosovo judges are working under difficult conditions. The EU mission in Kosovo says that judges are constantly subjected to threats and pressure.

Lockerbie judges deny pressure

The three judges who jailed Lockerbie bomber Abdelbaset al-Megrahi in 2001 have denied they were under pressure to secure a conviction. The denial came in a letter to the New York Times which had published the claim by US professor Dirk Vandewalle.

BHC judges opt for retirement



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.
‘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,’ said Amanullah Baloch, President Balochistan Bar Association while talking to TheNation.
‘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 retirement’, 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.

76 judges cease to hold office


ISLAMABAD – In pursuance of the judgment of the full bench of the Supreme Court of Pakistan, dated July 31, 2009, the President of Pakistan is pleased to approve that the following 76 judges of Supreme Court and High Courts shall cease to hold their offices with immediate effect:
Supreme Court
Mr Justice Muhammad Qaim Jan, Mr Justice Ijazul Hassan, Mr Justice Muhammad Moosa K Leghari, Mr Justice Ch Ejaz Yousuf, Mr Justice Mian Hamid Farooq, Mr Justice Syed Zawwar Hussain Jaffery, Mr Justice Muhammad Farrukh Mahmud, Mr Justice Shaikh Hakim Ali, Mr Justice Sardar Muhammad Aslam.
Lahore High Court
Mr Justice Justice Zubda-tul-Hussain, Mr Justice Zafar Iqbal Chaudhry, Mr Justice Khawaja Farooq Saeed, Mr Justice Muhammad Akram Qureshi, Mr Justice Khurshid Anwar Bhindar, Mr Justice Mazhar Hussain Minhas, Mr Justice Saifur Rehman, Mr Justice S Ali Hassan Rizvi, Mr Justice Muhammad Ashraf Bhatti, Mr Justice Rana Zahid Mahmood, Mr Justice Kazim Ali Malik, Mr Justice Hafiz Tariq Nasim, Mr Justice Khalil Ahmad, Mr Justice MA Zafar, Mr Justice Malik Saeed Ejaz, Mr Justice Syed Shaheen Masood Rizvi, Mr Justice Ali Akbar Qureshi, Mr Justice Muhammad Ahsan Bhoon, Mr Justice Pervez Ali Chawla, Mr Justice Habibullah Shakir, Mr Justice Nazir Ahmad Ghazi, Mr Justice Abdul Sattar Goraya, Mr Justice Syed Ihtesham Qadir Shah, Mr Justice Jamila Jahanoor Aslam, Mr Justice Mahmood Akhtar Khan, Mr Justice Jamshed Rahmatullah, Mr Justice Pervez Inayat Malik, Mr Justice Arshad Mahmood, Mr Justice Irfan Qadir, Mr Justice Syed Zulfikar Ali Bukhari, Mr Justice Ch Naeem Masood, Mr Justice Mr Justice Anwarul Haq Pannu, Mr Justice Muhammad Shafqat Khan Abbasi, Mr Justice Imtiaz Rasheed Siddqui.
Sindh High Court
Mr Justice Bin Yamin, Mr Justice Khalid Ali Z Qazi, Mr Justice Salman Ansari, Mr Justice Abdul Rehman Farooq Pirzada, Mr Justice Abdul Rasheed Klwar, Mr Justice Zafar Ahmed Khan Sherwani, Mr Justice Syed Mehmood Alam Rizvi, Ms Justice Soofia Latif, Mr Justice Maqbool Ahmed Awan, Mr Justice Safdar Ali Bhutto, Mr Justice Moharram G Baloch, Mr Justice Malik Muhammad Aqil, Mr Justice Syed Shafqat Ali Shah Masoomi, Mr Justice Muhammad Iqbal Mahar, Mr Justice Khadim Hussain M Shaikh, Mr Justice M Ismail Bhutto, Mr Justice Arshad Siraj Memon, Mr Justice Amer Raza Naqvi, Mr Justice M Karim Khan Agha, Mr Justice Salman Talibuddin.
Peshawar High Court
Mr Justice Shaji Rehman Khan, Mr Justice Ghulam Mohayuddin Malik, Mr Justice Ziauddin Khattak, Mr Justice Syed Mussaddiq Hussain Gilani, Mr Justice Syed Yahya Zahid Gilani, Mr Justice M Alam Khan.
Islamabad High Court
Mr Justice M Munir Paracha, Mr Justice Syed Qalb-i-Hassan, Mr Justice Raja Saeed Akram Khan, Mr Justice M Arshad Tabrez, Mr Justice Amjad Iqbal Qureshi, Mr Justice M Ramzan Chaudhry, Mr Justice Syed Intikhab Hussain Shah.
The President of Pakistan has been further pleased to approve the repatriation of following judges:
Mr Justice Sakhi Hussain Bukhari and Mr Justice Zia Pervez have been repatriated from Supreme Court of Pakistan while Mr Justice Bilwal Khan has been repatriated from Islamabad High Court.
This was stated in a Press release issued by PID late on Sunday night.

110 Pak judges to retire or revert after Supreme Court ruling

A landmark judgement of Pakistan’s Supreme court is likely to affect the position of at least 110 judges of apex court, High Courts and Federal Shariyat Court who took oath under the controversial PCO.
Following the judgement in judges’ case, 110 judges, including Supreme Court judges Faqir Muhammad Khokhar and M Javed Butter, will retire or [...]

Hal Turner, Talk Radio Host, Denies Threatening To Kill Judges

CHICAGO — A New Jersey blogger accused of threatening to kill three federal judges has been an FBI informant and even told authorities about a potential plot to assassinate President Barack Obama, his lawyer said Tuesday.

Extremist blog…

Musharraf Summoned By Pakistani Court Over Judges Firing

ISLAMABAD — Pakistan’s top court has summoned former President Pervez Musharraf to explain his 2007 firing of several dozen independent-minded judges. Wednesday’s court notice allows Musharraf to send a lawyer in his place.

The case, br…

Hague judges to visit Belgrade

A delegation of Hague Tribunal judges led by Court President Patrick Robinson will be in Belgrade on July 16-17, according to the Serbian Supreme Court. During the two-day visit, the judges will be meeting with senior Serbian judiciary officials to discuss current issues regarding cooperation between Serbia and the war crimes tribunal.