Here it comes - SC takes up petrol, gas price issue

The court has asked the government to decide whether it will reduce on its own prices of petroleum or let the apex court intervene.—File Photo

SC agrees to take up Sharif’s conviction in plane case

ISLAMABAD: The Supreme Court on Tuesday asked the government to decide by Wednesday whether it would reduce on its own prices of petroleum and gas as suggested by a judicial commission or let the apex court intervene.

The judicial commission said in an interim report to the Supreme Court: ‘It is high time that the government should ponder seriously over reducing the burden of petroleum development levy (PDL) and uniform general sales tax (GST) at the rate of 16 per cent.’

Signed by Justice (retd) Bhagwandas, the five-page report observed that ‘freight rates, dollar-rupee parity source, cost of refining, margins allowed to distributors and dealers’ commission (too) need rationalisation and review in the larger public interest’.

Attorney-General Sardar Mohammad Latif Khan Khosa is required to v seek instructions and inform the three-judge bench, comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed, about the government’s decision on price reduction by Wednesday.

‘It is open to the Supreme Court to make appropriate directions for the relief in prices of petroleum products as well as natural gas, CNG (compressed natural gas) and LPG (liquefied petroleum gas) as deemed just, fair and proper.’

‘The government is earning profit worth billions of rupees by doing business with its own people,’ Justice Raja Fayyaz said when Advocate Mohammad Ikram Chaudhry read out the interim report before the court.

The chief justice was also unhappy over Oil and Gas Regulatory Authority (Ogra) insensitivity for not reducing petroleum prices by a single penny even though the court was seized with the matter for the past month. read more

CJ Chaudhry demands report on Swat woman’s flogging

An eight-member bench headed by Chief Justice Iftikhar Chaudhry was earlier constituted to investigate the incident. - AFP

ISLAMABAD: The Chief Justice of Pakistan ordered governmentofficials on Monday to submit a detailed report within 15 days over thepublic flogging of a veiled woman, an incident that incensed the nation.

complete story: DAWN report

Pakistanis Rejoice Over Restoration of Justice ......SABRINA TAVERNISE (NY Times)

We had seen Sabrina Tavernise of New York Times interviewing people outside CJ's official residence, following are a few excerpts from her piece in NYT, for detailed story plz visit the link below.

source: http://www.nytimes.com/2009/03/17/world/asia/17voices.html

ISLAMABAD — It was a day of rejoicing, of drum playing, and of smiling at strangers. Pakistan’s chief justice had just been reinstated after a two-year struggle, and for those assembled in the country’s capital to celebrate, anything seemed possible.

In the crowd, whose members included a radio announcer who was researching homosexuality and an illiterate mechanic who wore a flower pot on his head to stay cool and admitted to stealing monkeys to get by, one word was on everybody’s lips.

“Justice,” said Mr. Khan’s wife, Rubina Javed, smiling broadly. “We came for justice.”

The word was apt for the victory at hand: the restoration of the chief justice, Iftikhar Muhammad Chaudhry, to his court. But others in a jubilant crowd celebrating on Mr. Chaudhry’s lawn on Monday were working from a broader interpretation.

“Justice is the solution to the common man’s problems,” Ms. Javed said, seated on a blue scarf on the grass with two daughters and four sons, ages 6 to 18, around her. “I want justice in schools, on roads, in transportation. Now the common man is speaking.”

In the Arab world, the word is a constant companion. Islamic political movements use it in struggles against autocrats, arguing that justice is a central tenet of Islam.

But in Pakistan, the political class comes from a powerful feudal elite, which has largely avoided policies that would bring greater social equality, like land reform. With only half of the population literate, so far the strategy has worked.

“The ruling elite can get away with anything,” said Muhammad Ali, a software engineer. “They are like kings here.”

But the lawyers’ movement may be starting to change that. Though small in number, it is made up of an educated, diverse cross section of Pakistani society that includes lower middle class professionals, whose reach may extend deeper into Pakistan’s 160 million population than initially expected.

“This movement has given an awareness to the common people in Pakistan of their rights,” said Shamoon Azhar, 26, a doctoral student at the International Islamic University in Islamabad, sitting on the lawn with a large group of his friends. “This is about awareness. It’s given people confidence. It’s shown people it can happen.”


Saif Abbas, a consultant who used to work for the Asian Development Bank in Islamabad, was more clear-eyed about the meaning of the march. Pakistan is still a poor country with a vast illiterate population, and a corrupt, unresponsive ruling class, he said.

His vision for Pakistan is a “thoroughly democratic” country based on an Islamic system of governance, with a strong, powerful middle class, like that in Turkey or Malaysia. The current system will simply perpetuate the power of the mullahs on one hand, he said, and the elite, on the other, “who are totally disconnected from the people of this country.”

In that respect, the march was meaningful.

“The next government is going to fear the people who pushed this one against the wall,” he said, as a troupe of lawyers from a city in central Pakistan, stormed past.

A revolution it is not, he said. “But it’s a good beginning.”

CJ to be reinstated, Governor Rule & Governor to be changed

The unprecedented show of public force by the participants of the Long March has led to a recent breaking development Media reported with reference of Chaudhry Nisar (N-League) senior party member, that accord between Govt. & Long March participants has been reached, and.........Chief Justice Of Pakistan, Justice Iftikhaar Mohammad Chaudhry ...........will be reinstated, with full powers.

PM Yousuf Raza Gilani is expected to come on TV and announce it, officially.

The poeple's power and the politicial maturity of this nation has proven once and for all, that we can rise upto the occassion, make it clear what we want for ourselves, we can demand and decide what kind of a future we want to have for ourselves.

Good show this nation, I hope that we will continue to stand upto the occassion and will act, will be out on streets, and no force would be allowed to trample on our rights, constitution and our lives.

Long Live Pakistan, Long Live People Of Pakistan

As soon as official announcement comes in, we will update RiseOfPakistan with it, Being in Rawalpindi, I will be joining Student Action Commitee's karavan enroute from Lahore.

Lawyers for unconditional reinstatement of judges

Lawyers will not accept any constitutional package and amendment that affects reinstatement of the deposed judges including deposed Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry.

If any steps are taken against the Murree Declaration, the lawyers will relaunch their movement, said Supreme Court Bar Association member Sheikh Ahsanuddin here on Friday.

He said conspiracies were being hatched against the Murree Declaration, whereby the coalition partners had made a commitment to have the deposed judges reinstated within 30 days of the formation of a new government.

The conspiracy is aimed to sabotage the plan of the new government about the reinstatement of all the deposed judges, he added.

The deposed judges are a beacon for the people and nothing short of their unconditional and complete restoration would satisfy them, he said.

He said lawyers’ struggle was aimed at strengthening national institutions including parliament and the judiciary. He paid tribute to the deposed judges for not bowing before the rulers.

Agencies adds: Lawyers have said they will announce their future strategy if deposed judges were not reinstated within the period as promised under the Murree Declaration.

“Lawyers community supports the decision of Barrister Aitzaz Ahsan, president Supreme Court Bar Association (SCBA), giving a timeframe to the government for reinstatement of the deposed judges,” this was stated by Sardar Asmatullah Niazi, president Rawalpindi High Court Bar Association, and Athar Minallah, member Pakistan Bar Council, while talking to journalists outside the residence of the deposed chief justice in Islamabad on Friday.

They said lawyers would not create any problem or difficulty for the government during these 30 days.

Lawyers for unconditional reinstatement of judges -DAWN - National; April 05, 2008

lawyers clearly oppose the method being adopted by PPP... so do I... n so should everyone of us... unconditional reinstatement would make future vioators think that their orders can be reversed, they r not the ultimate power... adopting any other means for reinstatement would strengthen their belief that they own the country n can do whtever they want to do with it, nobody wiil b able to challenge their decision

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Aitzaz, Zardari stick to their positions on judges

There was "no agreement, no disagreement" on the issue of restoration of deposed judges in the Thursday night meeting of Supreme Court Bar Association (SCBA) President Aitzaz Ahsan with PPP Co-chairman Asif Zardari.

The two stuck to their respective stand on the question of sacked superior court judges, an informed PPP leader told The News. Aitzaz Ahsan wants instant reinstatement of the deposed justices, saying the talk of amending the Constitution to restore them, amounts to accepting as legitimate unconstitutional actions taken by the then chief of the Army staff (Pervez Musharraf) on Nov 3 last. It would open a Pandora's box for the future, he believes.

Instead of restoration of these judges, Zardari wants to cautiously move for the "independence of the judiciary". He is not inclined to reinstating the deposed judges. However, lawyers, supporting deposed chief justice Iftikhar Muhammad Chaudhry, say it would not be possible for the new PPP-led government to keep him and other judges under house arrest and they have to be freed immediately.

"Once the top judge is released he will be addressing bar associations all over Pakistan and will be visiting different cities in processions," a senior lawyer, aligned with the SCBA and the PPP, told this correspondent.

He admitted that this would throw up a grave challenge to the new government, which would face street trouble from day one. He conceded that this would also lead to an intense clash between the government and the lawyers' community.

In the Punjab, the provincial government to be led by the PML-N would not be opposed to the lawyers' movement and would, in fact, encourage it because of this party's unambiguous stand on deposed judges' restoration.

Another lawyer said the attitude of the federal, Sindh and NWFP governments to the lawyers' renewed movement would be different because these would not be backing it in any way. He said pressure would be kept on the PPP government to restore the judges but it would be given some time, enabling it to act in the right direction without much delay.

As far as Aitzaz Ahsan is concerned, lawyers said, it would be difficult for Zardari to tolerate him in the party if he continued to embarrass and put pressure on the PPP through his powerful street campaign.

Lawyers associated with the PPP apprehend that their party would further damage itself if it stood by its non-committal policy on the issue of restoration of judges. They feel that Nawaz Sharif, who came out with a better showing in the Feb 18 elections compared to the PPP, would further gain ground because of his stand on deposed justices.

They said had the PPP matched, if not surpassed the stance taken by Nawaz Sharif on the judges issue, combined with the massive sympathy wave in the wake of assassination of Benazir Bhutto, it would have convincingly won the elections.

Aitzaz, Zardari stick to their positions on judges

zardari is not willing to restore the judges the way ppl want... the constitutional package would assert tht whtever mush did on november 3 is justified... do we want this? atleast I dont.... i want mush to b an example for potential violators n breakers of constitution... a true -ve example so that ppl stop playin with the constitution... n the country progresses in the right direction... but for now it seems that the parliament is also gonna compromise under the logic of 'doctorine of necessity'... among all the major parties I believe only PML-N is respectin the mandate it got... reason for which could be any but its stance is very clear n brave unlike the stance of PPP... see the following for details on the constitutional package n aitzaz's response

To diffuse the judicial crisis, Mr. Zardari has offered the Chief Justice Iftikar Chaudhry the position of Governor of Baluchistan. Instead of humiliating Mr. Musharraf and the Army, he has also asked the president to create a resolution on restoring the judges. Mr. Zarzari is planning to ask parliament to accept the dismissal of all the judges and then reappoint them under a fresh mandate. This may prclude Mr. Iftikhar Chaudhry from the position of the Chief Justice. more...

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The word Scrutiny invites bars’ ire -DAWN - National; April 05, 2008

LAHORE, April 4: Reacting to the reports about judges’ scrutiny after their restoration, the bar associations have warned parliament of ‘consequences’ in case it links revival of the pre-emergency judiciary to any constitutional package.

At a joint press conference on Friday, the Lahore High Court Bar Association and the Supreme Court Bar Association said they would resist any deviation from the Murree Declaration which sought restoration of the deposed judiciary to what it was on Nov 2.

LHCBA President Anwar Kamal, Lahore Bar Association head Manzoor Qadir, Supreme Court Bar Association Secretary Chaudhry Amin Javed and Vice-President Ghulam Nabi Bhatti and Lahore Tax Bar Association president Mohsin Nadeem were among the participants. Former SCBA chief Hamid Khan also was present at the press conference held on the high court bar premises.

The LHCBA president said lawyers would not accept any step of parliament intending to sabotage the restoration of all the deposed judges. Any attempt to curtail the tenure of the chief justice of Pakistan or provincial chief justices would also be frustrated, he said.

....

LBA President Manzoor Qadir said the political parties, now in the government, had won a heavy mandate because of the issue of the judges’ restoration. The lawyers now felt that they were not only trying to wriggle out of the declaration, but also betraying their mandate too, he added.

“Let me make it clear that the lawyers will not allow parliament to cast aside its word on the restoration of the judges,” he said. He criticised Federal Law Minister Farooq H Naik for stating that “Musharraf is a national asset”. He said such a statement not only hurt the lawyers, but also lacerated the feelings of the people who had rejected a dictator through the ballot.

Hamid Khan said the lawyers were aware of the conspiracies originating from the presidency to sabotage the process of revival of the pre-emergency judiciary. He added that the restoration of the judges and the constitutional or the so-called reform package were two separate issues which could not be tied to each other. He asked Mr Naik to make public all the steps being taken for the restoration of the judiciary.

Mr Khan said he saw no justification for President Musharraf to stay in the office because he had lost the day his party (PML-Q) faced a humiliating defeat. Parliament, he said, would have to consult the bar associations before introducing any ‘constitutional package’, otherwise, it would have no value.

The word Scrutiny invites bars’ ire -DAWN - National; April 05, 2008

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Aitzaz Warns new parliament

Dawn Report

Some excerpts follow here, full story at Dawn website
LAHORE / HYDERABAD, Feb 23: The legal community kept up the momentum in their ongoing campaign for the reinstatement of deposed judges by using different events of their bar associations held on Saturday to spotlight their demands. At one such event Supreme Court Bar Association (SCBA) President Aitzaz Ahsan warned the leaderships of the PPP and PML-N to get the deposed judges reinstated quickly or face a movement themselves.

“The lawyers are providing a chance to the new parliament to reinstate the judges, otherwise they are all set to hold a rally in Islamabad on March 9,” Mr Ahsan said.

The SCBA leader’s detention was relaxed for a short period to allow him to cast his vote in the LHCBA election on Saturday.

Mr Ahsan said the PCO, which led to removal of over 60 judges, including the deposed chief justice of Pakistan, Iftikhar Mohammad Chaudhry, would obstruct the functioning of the new parliament.

Referring to the Supreme Court verdict on the reinstatement of the chief justice, Mr Ahsan said the decision had held out that no judge of the superior judiciary could be removed unless the Supreme Judicial Council decided to do so under Article 209 of the Constitution.

He said if the Nov 3 PCO was not discarded, it would provide legitimacy to future army chiefs to impose emergency, usurp the basic rights of the people and amend the Constitution, forcing the future governments to follow it.

The center of ‘power gravity’ would remain with the parliament if the judges were restored, otherwise it would shift to streets because the lawyers would not abandon their principled demands at any cost, he said.

“If the leadership of both the parties want the parliament to take a decision on judges’ restoration, we give them a chance,” he said. However, he warned, the tide of the lawyers’ movement would turn against them if they did not reinstate the deposed judges. Mr Ahsan said Justice Iftikhar Muhammad Chaudhry and his three children had been confined to the four walls of their house over the past three and a half months. During this period the children had not only been denied access to their schools, the whole family was without electricity, water and gas.

He condemned a caretaker minister for asking the deposed chief justice to vacate his residence. “If he is interested in getting the official residences vacated, he should get the Army House vacated from Gen (retd) Musharraf first,” Mr Ahsan said.

Former Supreme Court Bar Association (SBCA) president Munir A. Malik said that only an executive order was sufficient to enable deposed judges to assume charge of their offices, but a resolution adopted by newly elected parliament would certainly strengthen the position of judges.

“We believe that judges stood reinstated after the lifting of emergency and only an executive order is sufficient to restore them to the pre-Nov 3 position.

“However, a resolution from parliament will be needed to strengthen this position,” he said.

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Musharraf lambasted by Chief Justice of Pakistan

Mr Chaudhry says that he is the victim of 'an outrage'

The (original and legal) chief justice of Pakistan has described President Musharraf as an "extremist general" for sacking him and 60 other top judges.

Iftikhar Mohammed Chaudhry also criticised the president for keeping him and his family under house arrest for the last three months.

Mr Chaudhry had a reputation for taking a firm line on government misdemeanours and human rights abuses.

He was sacked when President Musharraf imposed emergency rule in November.

His dismissal came as the court was preparing to rule on the validity of President Musharraf's re-election.

Earlier he had gained a reputation for taking up investigations into the highly sensitive issue of the disappearance of political activists allegedly detained illegally by the security forces.

A spokesman for the president said that he could not comment on Mr Chaudhry's complaints, which have been delivered to diplomatic missions of the US, the European Union, Britain and France.

'Corrupt and inept'

"What the general has done has serious implications for Pakistan and the world," Mr Chaudhry said in a statement.

"Some western governments are emphasising the unfolding of the democratic process in Pakistan. That is welcome, if it is fair".

"But how can there be democracy if there is no independent judiciary?"

The former chief justice said that his wife and three children - one of them a special needs child - were not allowed even to go onto the front lawn of their Islamabad home, because it was occupied by police.

"Barbed-wire barricades surround the residence and all phone lines are cut,"

he said in the seven-page statement, which was made public by lawyers who support him at a press conference in Islamabad.

Mr Chaudhry also complained that comments made by President Musharraf during a recent tour of Europe that he was "corrupt and inept" were slanderous.

"Is there a precedent in history, all history, of 60 judges including three chief justices being dismissed and arrested at the whim of one man?" he asked.

He described his treatment at the hands of President Musharraf as an "incredible outrage" committed by an "extremist general" who is supported by the West.

You can download the complete letter of Chief Justice of Pakistan here.

Lawyers unveil plan for ‘Iftikhar Day’

Source: The News International

Besides the Lawyers community, the HRCP and the People’s Resistance to also take part in the protest

The lawyers community will stage a protest demonstration on Thursday to celebrate “Iftikhar Day” at the Karachi Press Club (KPC) to express solidarity with the deposed Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry.

The call for a country-wide protest demonstration was given by the Sindh High Court (SHC), and was later endorsed by the Pakistan Bar Council, which, in a joint meeting, declared to observe January 31 as ‘Iftikhar Day’ to salute the former chief justice for his continuous detention since March 9, when he was made non-functional by the President of Pakistan Pervez Musharraf.

Giving plans for the day, President Sindh High Court Bar Association (SHCBA), Rashid Razvi, in a joint press conference at the Shuda-e-Punjab Hall on Tuesday, informed journalists that all the bars of the country would observe the day by holding demonstrations, protest processions and seminars across the country to pay homage to deposed Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.

General-Secretary, Karachi Bar Association (KBA), Naeem Qureshi, while giving details of the protest plan, said that all 310 bars of the country, including the Supreme Court Bar Association, Pakistan Bar council, Sindh Bar Council, all the high court bars of the country and the Malir Bar Association (MBA), endorsed the decision.

He disclosed that the elected body of the KBA, along with its members, would reach the SHC in a form of a caravan, where MBA members would also join in. A joint governing body meeting would be held at the SHC, from where thousands of lawyers would march towards the KPC.

He appealed to all civil society organisations, NGOs, students’ bodies, political party leaders, labour unions and other concerned citizens to join the rally to voice their protest against the illegal detention of the CJP and their support for the revival of democracy, rule of law and restoration of all judges deposed after promulgation of emergency on November 3.

The procession to the KPC from the SHC would be led by Rasheed Razvi. Speaking to journalists, the SHCBA president said that no judge in the world had ever been detained, which was, unfortunately, the case for jugdes in Pakistan.

He said that the CJP was to appear before the review board, but, to date, the government had been unable to produce him there, nor was any habeas corpus filed by any lawyer for his detention.

He further said that, unfortunately, while most wanted criminals such as Rashid Rauf were at large, a respected CJP was under detention. Razvi said that the CJP was not even allowed to offer Eid prayers, as if he was a hardened criminal.

He said that the action against the judiciary, media and other segments of society was taken by the government only to prolong one man’s rule,

Judges who were removed under the PCO would also address the gathering on “Iftikhar Day”, informed Razvi, who, however, added that their names could not be disclosed due to security reasons, as they would be placed under house arrest, he apprehended.

Vice President of Malir Bar Association, Ashraf Samoo, also endorsed the call.

Replying to a question, Razvi said that the HRCP has supported the call, while a civil society organisation, the People’s Resistance, has also backed it. He said that no political parties have approached the lawyers in this regard.

The political parties were, however, requested to include the restoration of judges in their election manifesto, which would help lead the country towards real democracy. During a meeting with Asif Zardari at Naudero, Qureshi said, they requested him to include the demand for an independent judiciary in the PPP election campaign.

for the speech of the year, Award goes to:

SAC Protest on 17th Dec 2007, Nasir Baagh Lahore

Justice Iftikhar rejects Musharraf blames to justify 'Emergency'

ISLAMABAD:Former Chief Justice Iftikhar Chaudhry has rejecting the blames leveled by President General Pervez Musharraf to justify declaration of emergency.

Listen the Speech of Chief Justice Iftikhar Muhammad Chaudhary

The rulers had feared that Supreme Court would give decree in Musharraf eligibility contrary to their wishes so they imposed emergency in the country, Justice Iftikhar said.

Iftikhar Chaudhry was addressing the lawyers first time after imposition of the emergency. He said that thecharges framed by President Musharraf against SupremeCourt are baseless and unfounded.

Declaration of emergency has damaged the constitution, he said, adding that Supreme Court had always worked within constitutional framework.

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