You have to stand guard over the development and maintenance of democracy, social justice and the equality of mankind in your own native soil. [Mohammed Ali Jinnah]
Showing posts with label Judges. Show all posts
Showing posts with label Judges. Show all posts

Wednesday, May 13, 2009

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

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

Wednesday, October 29, 2008

In the commando's footsteps?

By Kamran Shafi

REALLY, now! It is one thing to renege on repeated solemn, signed, public promises; it is quite another to use one’s powerful office to rub an honourable man’s face in the dirt.

Indeed, to trample so cruelly and thoughtlessly a most honourable and brave and courageous movement’s face into the ground.

I refer to Asif Zardari’s statement: “The way these ‘former’ judges are delivering speeches similar to that of politicians, I would advise the prime minister to give them a party ticket for the Senate elections to be held next year.

“I do not see even a minute judicial crisis except a few judges delivering political speeches … 42 out of 62 judges have taken new oath and now it’s a problem of only four, five people as many of them have already retired.” A newspaper added: “When asked whether these 4/5 judges also included Iftikhar Muhammad Chaudhry, [President Zardari] said in a lighter tone that [Justice Iftikhar] was so popular that he might pose a threat to the government, as they had assumed the role of politicians and we would invite them to join politics and contest the Senate elections. He said the president has the power to lift the two-year ban before any judge or government servant contests polls.” I am not shocked, for anything might happen in a country where for the very first time the leader of the largest (so far anyway) political party has the gall to say that a political promise was just that, politics; that it was not the word of God.

What saddens, and greatly angers me, is that an honourable man, and from what I have seen and heard of him, a damn good judge, is being treated the way he is. Let me clarify here and now that I have only once attended My Lord Iftikhar Chaudhry’s court, on the day that he had suo motu remanded Mukhtaran Mai’s case to the Supreme Court after the Lahore High Court had released her rapists and their henchmen.

The way the judge, helped by his brother justices Bhagwandas and Syed Saeed Ashad, disposed of the seven or eight cases before Mukhtaran Mai’s was exemplary. Indeed, one of the lawyers who I have known for more years than I care to count told me that the judgment against his client was exactly right! Justice Chaudhry’s many achievements have been recounted in this column too many times before; suffice it to say that a man of his stature and standing does not deserve the ignominy being heaped upon him by none other than the highest in the land. Indeed, going to the extent of sarcastically saying that Iftikhar Chaudhry had become so popular that he “might pose a threat to the government” is a blow that reminds one of Musharraf calling My Lord Chaudhry “the scum of the earth”.

Not to be left behind, Attorney General Khosa — a fitting successor to the much disgraced Malik Qayyum who was actually forced by the Supreme Court to resign from judgeship of the Lahore High Court for conspiring with Saifur Rahman to award a heavy sentence to Benazir Bhutto — has invited My Lord Chaudhry to take a fresh oath and become a judge of the Supreme Court! Khosa has, once again, aired the New Pakistan Peoples Party’s line that whilst Musharraf’s actions of November 3, 2007 were de facto improper there is no way other than a constitutional amendment to put his actions right. And that there is no constitutional way of doing that other than a constitutional amendment. Then why don’t you move an amendment, Attorney General?

It is no use trying to talk to the purposely deaf. One can only shake one’s head in dismay at the way the mightiest (thus far, but certainly not for long) political force in the country is heading towards certain disaster.

Elsewhere now, and while some Indians are protesting the expense of $76m on sending a moon probe on an indigenouslymade Indian rocket that will reportedly do what no probe has done before (thank you, Star Trek), the Pakistan Navy is procuring a 35-year-old frigate from the US which will refurbished at a cost of (a further?) $54m! Talk of priorities! What do we need a 35-year-old frigate for, please? Who does the Pakistan Navy intend to frigate, specially in light of President Asif Ali Zardari’s ringing recent pronouncement that India has never been a threat to Pakistan? Another toy for the boys, what, such as the F-16s which are programmed not to leave Pakistan’s airspace and which will mean another $3bn down the tube?

And another thing. I have asked this question before, let me ask it again: who are the Pakistani agents for these two deals? Why is this a deep dark secret? And while we are at it, who is the agent for the two Saab early warning system aircraft which were procured two years ago (way before the rupee’s dive into oblivion, mark) for US$1.2bn, which was double their offer price in 1995?

And yet another thing. Why is the army going ahead with the new GHQ project in Islamabad the Beautiful at this time when the poor have neither food nor electricity nor potable drinking water? It has a very plush headquarters in Rawalpindi already; we are living in the Information Age where the headquarters of the three forces do not have to be in the same city for ‘coordination’. So why?

Finally, there is a great debate raging on whether the Commando will enter politics to try and resurrect his ‘golden era’ — I swear someone said this just yesterday! My answer is this: Musharraf can do what he wants but the man must be tried first in an open court of law for his sheer ineptness, and for setting this country alight with the fires of hate and malice and rancour.

Above all, since he was the allpowerful Commando-in-Chief, he must be asked why both the crime scenes where two deadly attacks on Benazir were made, the one in Karachi resulting in the death of over 150 poor innocents and the maiming of hundreds of others and the one in Rawalpindi resulting in her own tragic death and that of many others, were sanitised inside of minutes while every other bombing was cordoned off for days on end while forensics experts scoured the area for clues.

Let him answer the charges, then jump off a bridge if he must. ¦


The article was published in Dawn on October 28, 2008 (Tuesday).
'In the Commando's footsteps?'Dawn ePaper - Digital replica of Print Edition.

Sunday, June 8, 2008

The flea of inanity and the ‘PPP-Q’

By Saira Minto

IN ‘A plea for sanity’ (May 28), Murtaza Razvi focused on trashing the lawyers’ movement by indicating that it lacks vision and is isolated, a movement that was being carried on “in [a] vacuum … from day one”. He also alleged that lawyers and their representatives were acting with a “tunnel vision” without any assurance of light at the end and that their one-point agenda of restoration of the judiciary was making them miss “the only window of opportunity”, that is an agreement with Mr Zardari.

One can admire the writer’s boldness in loyally advocating participation in pro-establishment mainstream Pakistani politics and the brazenness with which the PPP is promoted as the only saviour of the current imbroglio. The PPP? A party that has always jumped at the slightest opportunity to strike deals with the establishment and which may just be renamed ‘PPP-Q’ in due course!

The lawyers confronted Musharraf and his establishment when it attempted to remove the chief justice in March 2007 by force, coercion and several manipulative devices including the pretence to act under Article 209 of the constitution. The lawyers, the public and the media thwarted that attempt by exposing it and by supporting the Supreme Court to provide it with the confidence needed to stand up to Musharraf. Political parties (especially mainstream) supported it marginally and cautiously.

The lawyers’ community is representative of a wide-ranging socio-cultural spectrum of Pakistani society and within itself it adheres to democratic norms. Estimated to be 100,000 in number and spread all over the country from grassroots tehsils and subdivisions to provincial and federal metropolises, the lawyers do not belong to any one political persuasion. They are a diverse lot.

What brings them together is their profession which is dependent on the existence of an independent judiciary and the prevalence of a system of governance based on the constitution. Their bar associations and councils are professional bodies duly elected from top to bottom. They act in unison whenever there is a threat to the constitution, to the rule of law and the independence of the judiciary. This is not the first time that they have done so.

In the time of Ziaul Haq, leading lawyers suffered harassment and long terms of imprisonment for raising their voices. The political parties did not unite with the lawyers even then but taking their cue from them established their own Movement for the Restoration of Democracy (MRD) in Feb 1981. After the lawyers had held their conventions in Lahore, Karachi, Peshawar and Rawalpindi and resorted to street protests, the MRD undertook an anti-martial law campaign independently. The two movements were separate but complemented each other in working for the same objective.

Today, when the lawyers’ movement, aided by the people’s approval, the media and the real judges, has already pushed back the establishment a few steps, the political parties, especially the ‘PPP-Q’, only seem to want to enter into deals and bargains with the junta purely for personal benefits, shamelessly disregarding their commitment given in the Charter of Democracy.

Musharraf’s Nov 2007 martial law (aka emergency) which was imposed against the backdrop of the lawyers’ movement should have been a time to consolidate political forces, speed up agitation against the regime and wrap up matters effectively and finally. Nothing of the sort, however, was forthcoming from the mainstream parties, and it was again the lawyers supported by civil society and the media who agitated against the president and his coteries. The complicity of the ‘PPP-Q’ was the most glaring when the party failed to launch a movement against this group even after Ms Bhutto’s ghastly murder.

The Feb 18 elections were held under grave circumstances. The election result is now widely acknowledged to be the people’s pronouncement against Musharraf, the establishment and the emergency/martial law. While all elected representatives agreed that the Nov 3 actions were unconstitutional and that Musharraf’s continuation in power would hamper the transition to democracy, the new Assembly delayed asserting its sovereign authority to overturn the acts of Nov 3 which could have been done by restoring the judiciary to its Nov 2 position.

The drafting and development of ‘constitutional packages’ were offered as justification for the delay and even now a partial and limited restoration is being proposed — while paying lip service to the formulations in the Bhurban Declaration and the independence of the judiciary.

It is strange, indeed, in this scenario for any serious and mature commentator to propose that the lawyers, civil society and the media simply shut up and fall in line with those who have not only once again reneged on their word but are also looking for excuses to hang on to the remains of a dictatorship for their own benefit and protection.

The lawyers’ approach has been focused and to call their integrity in pursuing it ‘tunnel vision’ qualifies as either an inane and ignorant joke or cruelty or both. Lawyers have not only acted wisely but exactly according to Jinnah’s principles of unity, faith and discipline. They have kept themselves away from political manipulators and self-seekers — something that helps them stay united and strong.

It should also be pointed out, for the record, that it is wholly incorrect that the lawyers’ movement is restricted to Punjab. The huge number of people that turned out for Chief Justice Chaudhry on his visit to Peshawar on May 31 is sufficient to refute that baseless assertion.

All over the world, movements are led by trade unions under one red flag, unpolluted by political vested interests. Lawyers are doing something similar in that sense through the common bond of their profession. Their movement is neither isolated nor apolitical. It is a movement of professionals who are themselves the mainstream and their politics comprises a campaign for true democracy, not hobnobbing with the establishment. To a lot of people, there seems to be a more real and brighter light at the end of this tunnel than there is at the end of the one that the ‘PPP-Q’ wishes to drag this country through.

The long march of June 10 is well timed. If they happen, and hopefully they will, both Musharraf’s exit and the restoration of judiciary will be events that will come about as a result of the lawyers’ movement, and not because of this or that ‘constitutional package’ and the mass deception that accompanies it.
DAWN - Editorial; June 06, 2008
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Monday, June 2, 2008

PPP on 'Save Mush Harm Pakistan' mission

Selective indemnity proposed in expanded PPP package

By Syed Irfan Raza

Pakistan people’s Party’s constitution amendment package contains insertion of Article 270AAA to give indemnity to certain actions of President Pervez Musharraf, including ordinances issued between July 12 and Dec 15 last year, but is vague on the issue of proclamation of emergency and Provisional Constitution Order (PCO).

The package, containing about 80 amendments, if approved, will make drastic changes in the Constitution to restore the sovereignty of parliament and curtail the powers of the president.

But perhaps the most significant of all the measures suggested is an amendment to reinstate all the judges who were sacked under the emergency order and to reinstate them to the position that existed on Nov 2, 2007.

The package suggests amendments regarding reinstatement of the superior court judges, a new form for members of the armed forces, validity of general elections of 2008, renaming of the NWFP and changes to the article dealing with high treason.

A copy of the package was handed over to Pakistan Muslim League-N chief Mian Mohmmad Nawaz Sharif by Law Minister Farooq Naek in Lahore on Sunday.

Analysts said the indemnity to be provided in the proposed package to President Musharraf would pave way for him to step down because most of his actions that had become controversial would get constitutional cover and, therefore, might not be challenged in a court.

The latest version of the Constitution contains new articles 270AAA, 270B and 270C providing indemnity to the acts of the president, including the sacking of about 60 judges, under his controversial decision to proclaim emergency. The 17th Amendment had introduced Article 270AA validating earlier acts of the president.

My Comment: Shame on PPP acts... it is not goin to help pakistan in any way. How can they add this indemnity to such an act in their package??? they certainly are not sincere in restoring teh judges... r they nuts????

The insertion of Article 270AAA (point 73) might have been included in the package at a later stage because it has not been reported in the media.

Earlier, the media had been told that the package contained 62 amendments but the draft given to the PML-N chief has about 80 points.

It may be mentioned here that President Musharraf had already inserted an article in the Constitution and its clause-I validates the proclamation of the state of emergency on Nov 3, 2007.

However, the Article 270AAA proposed in the package does not mention specifically the proclamation of emergency and the National Reconciliation Ordinance.
Selective indemnity proposed in expanded PPP package -DAWN - Top Stories; June 02, 2008
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Article inserted by Musharraf

The following is the text of Article 270AAA inserted in the Constitution by President Pervez Musharraf last year.

In the Constitution, after Article 270AA, the following new Article shall be added, namely:- “270AAA. Validation and affirmation of laws etc. (1) The proclamation of Emergency of 3rd November, 2007, all President’s Orders, Ordinances, Chief of Army Staff Orders, including the Provisional Constitution order No.1 2007, the Oath of Office (Judges) Order, 2007, the amendments made in the constitution through the Constitution (Amendment) Order, 2007 and all other laws made between the 3rd day of November, 2007 and the date on which the Proclamation of Emergency of the 3rd Day of November, 2007, is revoked (both days inclusive), are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.

“(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, on or after the 3rd day of November, 2007 in exercise of the powers derived from any Proclamation, Provisional Constitution Order No. 1 of 2007, President’s orders, ordinances, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in the Constitution or any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.

“(3) All proclamations, President’s orders, ordinances, Chief of Army Staff Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which the Proclamation of Emergency of the 3rd day of November, 2007 is revoked, shall continue in force until altered, repealed or amended by the competent authority.

“Explanation.- In this clause, “competent authority” means,- (a) in respect of President’s orders, ordinances, Chief of Army Staff Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye- laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

“(4) No prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the Constitution or any other law for the time being in force, lie in any court, forum or authority against any person or authority on account of or in respect of issuance of the legal instruments referred to in clause (1) and on account of or in respect of any action taken by the Chief of Army Staff, the President or any other in exercise or purported exercise of the powers referred to in clause (2).

“(5) For purpose of clauses (1), (2) and (4) all orders made, proceeding taken, appointments made, including secondments and deputation, acts done or purporting to by made, taken or done by any authority or person shall be deemed to have been made, taken in good faith and for the purpose intended to be served thereby.”
Article inserted by Musharraf -DAWN - Top Stories; June 02, 2008
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Aitzaz blasts Asif, says most graft charges justified

By Masood Haider
NEW YORK, June 1: Barrister Aitzaz Ahsan, President of Supreme Court Bar Association and a leader of Pakistan People’s Party, has severely criticised his party’s co-chairman Asif Ali Zardari for dragging his feet on restoration of the judiciary because he “doesn’t want independent judges”.

In a highly volatile and extensive interview with the New York Times magazine (Ahsan was on the cover of the magazine), he said that most charges of corruption against Ms Benazir Bhutto and Mr Asif Ali Zardari were justified. It may be mentioned that Barrister Ahsan was the minister of interior in the first government of Benazir Bhutto.

The author of the article, James Traub, writes: “I asked him (Mr Ahsan) how many of the allegations of corruption he believed were justified. “Most of them,” Mr Ahsan said, after a moment’s reflection. “The type of expenses that she had and he has are not from sources of income that can be lawfully explained and accounted for.”

In the interview which was conducted over a week, James Traub said that Mr Ahsan recognised that the PPP was itself a feudal and only marginally democratic body led by a figure accused of corruption and violence.

Mr Ahsan, who defended both Ms Benazir Bhutto and Mr Zardari in 14 cases, told Times that the charges of “corruption against both” and in Mr Zardari’s case also of “kidnapping, ransom and murder”, were justified.

“Ahsan”, said the interviewer, “is almost recklessly outspoken about PPP leaders, even though they are his own political patrons. He speaks admiringly of Benazir Bhutto’s courage and steadfastness but also points out with disdain that she viewed herself as the PPP’s ‘life chairperson’. And he does not bother to conceal his dim view of Zardari.”

Besides, the Times article said, Mr Ahsan believed that in the aftermath of the Lahore incident, wherein he saved former federal minister Sher Afghan from the wrath of the people ‘that he is more famous in the country than at any other time’.

“And I have become much more famous.” The thought tickled both his vanity and his sense of irony. “I’m being treated,” he said, “like the policeman who’s rescued the cat from the tree”.

On Mr Ahsan’s decision not to contest polls, Traub said: “I spoke to Mr Ahsan by phone a few days later. He had decided not to contest a by-election slated for this summer. He had decisively chosen movement politics over party politics, and perhaps he was happiest there. Mr Zardari and the PPP seemed to have increasingly thrown in their lot with Mr Musharraf, appointing allies of the president to key posts. Mr Ahsan wasn’t worried that a new round of protests, this time directed in part at his own party, would divide the country.

“There’s enormous popular support for my position,” he said. And he was, as ever, blithe in the face of confrontation. “I’m comfortable,” he reported from his home in Lahore. “I have no problem.”

On the issues of judges and confrontation between Mr Zardari and Mr Ahsan, Traub relates: “On the morning flight from Karachi to Sukkur, a city in the southern province of Sindh where the Pakistan People’s Party high command was going for an annual pilgrimage to Zulfikar Ali Bhutto’s grave site — now that of his daughter as well —Ahsan was approached by Farooq Naek, the law minister and a party leader. Naek, according to Ahsan, asked him to mute his harsh criticism of Zardari and the party. Zardari had reached an agreement with Nawaz Sharif to reinstate the judges within 30 days of the formation of the new government, and Naik implored Ahsan to show some faith and trust. Ahsan agreed to act as if he accepted their bona fides, though he didn’t altogether.

He says he believed that Zardari feared that Chaudhry and other apolitical judges might restore some of the cases against him that had been summarily dismissed. Ahsan seemed quite blithe about these concerns.

When I asked if he worried that the lawyers could be blamed for splitting the fragile coalition, he said, “if the party doesn’t act, it will force a debate inside the party, and that would be a good thing.” That night he pushed Zardari hard at the party’s conclave near the Bhutto family grave site; Zardari pushed back, insisting, according to Raja Adil Bashir, a party official, that the lawyers “should not try to threaten the government.”
Aitzaz blasts Asif, says most graft charges justified -DAWN - Top Stories; June 02, 2008
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Thursday, May 29, 2008

‘Hidden forces’ out to throttle democracy: Asif

Pakistan People’s Party (PPP) co-chairman Asif Ali Zardari has said that ‘hidden forces’ are out to impose martial law and any movement against the government may snuff out democracy.

Talking to representatives of the Punjab and NWFP chapters of the People’s Lawyers Forum (PLF) here on Wednesday, Mr Zardari said the PPP wanted not only to reinstate the deposed judges but also to introduce constitutional reforms to ensure that all state institutions worked in accordance with their roles defined in the Constitution.
‘Hidden forces’ out to throttle democracy: Asif -DAWN - Top Stories; May 29, 2008

ur own fault asif... kyun latka rahay ho 1 maamlay ko... is ki wajah se baaki sab cheezein ignore ho rahi hain... poor policy by PPP... jo kaam kerna hai karo aur aglay ki taraf dekho... yeh cautious approach wali policy bhi agar martial law ki taraf lay ja rahi hai to why use cautious approach??? y not do it instantly as PML-N suggests... abhi bhi time hai zardari saab... judge bahal karein, mulk mein se uncertainty khatam karein... zabardasti judges k haamiyon ko bura saabit kernay ki koshish na karein... ya phir seedhi tarah keh dein k hum bahal nahi ker rahay judges ko, jao kerlo jo kerna hai...
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Thursday, May 1, 2008

مذاکرات ختم، تفصیلات کا اعلان کل، نواز مطمئن

پیپلز پارٹی اور مسلم لیگ (ن) کے درمیان عدالتی بحران کے حل کے لیے دبئی میں طویل مذاکرات ختم ہوگئے ہیں جس میں فریقین نے کہا ہے کہ ججوں کی بحالی کے معاملے پر اتفاق ہوگیا ہے۔

جمعرات کو مذاکرات کے ایک اور تفصیلی راؤنڈ کے بعد میاں نواز شریف نے صحافیوں کو بتایا کہ ’میں بات چیت سے مطمئن ہوں اور ججوں کی بحالی پر اتفاق ہوگیا ہے۔

BBC

Saturday, April 5, 2008

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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Monday, March 24, 2008

Detained Judges Released. Well Done PM

گرفتار ججوں کی رہائی: نئے وزیرِاعظم کا پہلا ’حکم‘

یوسف رضا گیلانی نے اپنے پہلے مختصر خطاب میں گرفتار ججوں کی فوری رہائی کا ’حکم‘ دیا ہے لیکن کہا ہے کہ جج اپنے مسائل احتجاج کی بجائے پارلیمان کے اندر حل کرائیں۔ انہوں نے یہ بھی کہا ہے کہ ان کی حکومت بینظیر بھٹو کے قتل کی تحقیقات اقوامِ متحدہ سے کروانے اور ذوالفقار علی بھٹو کے عدالتی قتل پر معافی کے لیے پارلیمان میں قرارداد پیش کرے گی۔

More on BBC Urdu

Excerpts from BBC

New Pakistani PM Yusuf Raza Gillani has said he will order the release of all judges detained under emergency rule, minutes after being elected by MPs.

President Pervez Musharraf in November sacked dozens of judges as the Supreme Court was set to rule on whether his re-election was legal.

Former chief justice Iftikhar Chaudhry was among those still held.

...

Mr Gillani made two key pledges in his speech following his election.

The first was to demand "the immediate release of all the arrested judges", sparking cheers from most of the gathered MPs.

Police have already removed barbed wire from outside Mr Chaudhry's home in Islamabad, where he has been under house arrest.

Mr Chaudhry later appeared on his balcony to wave to hundreds of supporters. It was his first public appearance for four months.

He thanked his "fellow judges and the entire nation".

Iftikhar Chaudhry
Iftikhar Chaudhry made his first public appearance for four months

"I have no words to express my gratitude to the way you have struggled... to reach this day," he said.

It is not clear exactly how many judges are held or when they might be freed.

However, correspondents say the PM should have the power to free those such as Mr Chaudhry who were held under executive rather than court orders.

Mr Gillani's second pledge was to seek a resolution calling for a UN investigation into the assassination of former Prime Minister Benazir Bhutto.

...

The PPP, which was led by Benazir Bhutto until her assassination in December, emerged as the biggest party in the February elections.

It is now headed by her widower, Asif Ali Zardari.

On Monday he was quoted in The News newspaper as saying that Mr Gillani would serve a full five-year term as prime minister.


Sunday, March 9, 2008

Black week starts: Police and Protesters Clash in Islamabad

Lawyers and Civil Society showed power on the eve of black week being observed from March 9 (The day when lawyers movement took birth). There were reports of tear gas shelling by police on protesters who wanted to march towards judges colony in Islamabad. See BBC Urdu. Things were normal in other major cities.

Friday, March 7, 2008

Judiciary row Pakistan’s internal matter: US (as if all other matters are not)

Judiciary row Pakistan’s internal matter: US: Amnesty announces awards for lawyers, judges

Source: Dawn

By Anwar Iqbal


WASHINGTON, March 5: The White House has said that it will not get involved in the judiciary-executive dispute in Pakistan because it views this as an internal matter of that country.

“That will be a topic that the Pakistanis need to address, not the United States,” said White House Press Secretary Dana Perino when asked if President Bush will use his influence to get the former chief justice released and the judiciary restored to its pre-Nov 3 status.

Ms Perino told a news briefing in Washington that Pakistan already has a parliament elected on Feb 18 and the newly elected leaders “are working on the changes that need to take place” to settle such disputes.

However, at a short distance from the White House, leaders of Pakistan’s lawyers’ movement received a rare honour from Amnesty International for their struggle to restore the rule of law in their country.

Amnesty International gave two awards – one for judges and another for lawyers – at a ceremony also attended by a delegation of lawyers from Pakistan.

“Amnesty International, USA, salutes the judges and lawyers of Pakistan who stood up during the recent state of emergency in defence of an independent judiciary,” said a citation etched on the plaques.

Hamid Khan, former President of the Pakistan Supreme Court Bar Association, told the gathering that the US should use its influence to get the sacked judges reinstated.

The judges, he said, were sacked because they attempted to restore the independence of judiciary and not because they were releasing terror suspects, as some in the United States believe.

Mr Khan said if the US wanted to stay neutral, it should also stop supporting the Musharraf government.

He noted that while the Bush administration never shies away from expressing its support to the Musharraf government, it refuses to back the cause of the judiciary whenever this issue is raised.
Mr Khan claimed that the Musharraf government was using its influence to break up the PPP-PML-N alliance and bring a government that would agree to work with President Musharraf for the next five years.

“But the Feb 18 elections have shown that the people do not want him,” Mr Khan said. “He should step down in the greater interest of the country.”

The US administration, he said, should not try to prolong President Musharraf’s stay in power and “instead of supporting an individual, it should support the people of Pakistan”.

Sahibzada Anwar Hamid, former vice president of the Pakistan Supreme Court Bar Association, advised the US administration not to allow the fear of terrorism to prevent it from seeing the changes sweeping through Pakistan.

“If you look closely, you will see that people not only voted against the ruling party; they also voted for an independent judiciary,” he said. He argued that at least in Punjab, political parties benefited from the pro-judiciary sentiments stoked by the lawyers’ movement and if the new government fails to restore the judiciary, they too will become unpopular.

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PPP, PML-N ‘poles apart’ on judges issue -As expected from PPP :(

Source: Dawn

By Ashraf Mumtaz

LAHORE, March 5: The PPP and the PML-N remain “poles apart” on the issue of reinstatement of the deposed judges of superior courts and ties with President Pervez Musharraf, notwithstanding their resolve to form a coalition, with the Awami National Party as their third partner.

“We are poles apart. The PML-N just wants that all existing judges should be sent home and those deposed on Nov 3 should be reinstated,” said a PPP leader who attended talks between the two sides.

Sources close to Mian Nawaz Sharif and privy to the discussions held by the two sides on Tuesday night said that the PPP team had asked the PML-N to soften its stand on the question of judges and not to make it priority item on its agenda.

“Nothing is common (between the two sides) and nothing is likely to be common,” said the source, indicating that the two sides would continue their deliberations in an attempt to find some common ground for cooperation.

PPP leader Asif Zardari and PML-N leader Nawaz Sharif are expected to meet in Islamabad on Friday to discuss matters concerning formation of the government.

The PML-N sources said their party could not afford to change its stance on the deposed judges and President Musharraf.

A PPP leader said that President Musharraf was under no obligation to seek a confidence vote from the new parliament. “There is no such provision in the Constitution. However, if he wants to show his following in the new house there is no harm in taking such an initiative,” the leader said, adding that the PPP was not calling on the president to prove that he enjoyed majority’s support.

“Let the new system take off. We want all matters in accordance with the Constitution. If the president stays non-partisan and doesn’t convert the Presidency into a hub of political conspiracies, we will have no problem working with him.”

Some reports say that the PML-N wants Musharraf to either step down or take confidence vote from the new assemblies.

The PML-Q has not lost hope that it would be able to form a government with the PPP because of the latter’s differences with the PML-N.

PML-Q sources say that knowing well that they were hated by the PPP the Chaudhrys have given Hamid Nasir Chattha a mandate to try to persuade the PPP leaders to agree to forming a coalition with them.

Mr Chattha had been close to Benazir Bhutto when the PPP and the then PML-Junejo were coalition partners during 1993-96.

One source said that Chaudhry Shujaat Husain may step down as party chief to pave the way for Chaudhry Pervaiz Elahi, the PML-Q’s new parliamentary party leader in the National assembly. Once he quits, some other office-bearers may also follow suit.

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Sunday, February 24, 2008

Interim govt. trying to make the SC 'validated' amendments a part of constituition


By Nasir Iqbal and Ashraf Mumtaz



ISLAMABAD / LAHORE, Feb 23: Controversy lies in store for the opening session of the new National Assembly as the interim government’s legal experts have decided to get printed a fresh edition of the Constitution, incorporating all amendments introduced by President Pervez Musharraf during the emergency rule.

The question haunting the PML-N and PPP’s legislators-elect alike is: will they take oath under the amended Constitution, which has been ‘validated’ by the Supreme Court?

Both parties have already rejected these amendments and termed them “unconstitutional and invalid”. They contend that the amendments have been made by an individual instead of the parliament.

The government insists the imposition of emergency (on Nov 3), the enforcement of the Provisional Constitution Order, sacking of judges and other steps taken by the president during emergency had been validated by the apex court and made part of the Constitution.

It also asserts that the legislators-elect taking oath under the amended Constitution would, by implication, be endorsing all these steps.

The PPP has said that it would not give a blanket cover to all steps taken by President Musharraf during emergency.

A PML-N leader said on Saturday that the matter was under consideration and some solution would be found by the time the National Assembly holds its inaugural session.

“Obviously (the new version of) the Constitution would contain Article 270AAA under which amendments made before and during the … emergency rule were given perpetual legal cover,” said a senior government official.
Full Story


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Wednesday, February 20, 2008

Two third majority not needed for restoration of judges: Aitezaz

LAHORE: President, Supreme Court Bar Association Aitezaz Ahsan Wednesday demanded all the judges be released and restored; two third majority is not requisite for the reinstatement of judges, as only executive orders can restore them.

Addressing a press conference, Ahsan said if the deposed judges are restored, then the apex court will decide about the subsequent judges, adding Supreme Court can do so in the light of Al-Jihad Trust case.

'The present judges were not entitled to deliver the verdict in favour of President Pervez Musharraf; as, the judges related with this verdict were the beneficiaries of this decision, accordingly, they cannot pass the judgement on President Musharraf case,' he maintained.

How can the apex court entitle someone to introduce amendment in the constitution, when the apex court in itself is devoid of amending the constitution, he observed.

Aitezaz Ahsan demanded President Musharraf to quit his office.

He said Benazir Bhutto declared in front of the whole world that Iftikhar Mohammed Chaudhry is the actual chief justice of Pakistan and PPP cannot back down on this.

Vowing to arrive in Islamabad at the earliest to work for the restoration of the judiciary, Ahsan said PPP stance regarding independence of judiciary is very clear cut, adding, 'If the judges are free to act, then resultantly, judiciary would be independent.'

Ahsan said he would go somewhere to relax for two to three months following the freedom of judiciary.

Commenting on elections results, he maintained the coalition governments will be formed except in Sindh and anti-Musharraf forces will make alliance.

'No minister from the former government won the elections, if anyone from the coterie came, it was due to PML-N ticket,' he said.

Aitezaz said there was only one condition in which PPP could have worked with President Musharraf, if the candidates backed by Musharraf had won the elections; however, the people rejected the Pro-Musharraf candidates.

Aitezaz clarified that he was not aspirant of any office in case Musharraf is brought to impeachment.

He held Makhdoom Amin Fahim the most suitable candidate for the premiership, adding the next prime minister of Pakistan should be chosen from Sindh after martyrdom of Mohatarma Benazir Bhutto, as she always reposed confidence in him.

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Wednesday, January 30, 2008

so many awards for Pakistani Judges and Lawyers: Another one

Source: New York Law Journal & New York State Bar Association (NYSBA)

Annual Award for Distinction in International Law and Affairs presented to the Lawyers and Judges of Pakistan, as represented by Aitzaz Ahsan, in asbentia

Embattled judges and vulnerable children are among the issues to be taken up this week as more than 5,000 lawyers gather at the Marriott Marquis in Times Square for the annual meeting of the New York State Bar Association.

The International Law and Practice Section tomorrow (Wed. Jan. 29th 2008) gives its annual award for distinction in international law and affairs in absentia to Aitzaz Ahsan, on behalf of the lawyers and judges of Pakistan. Much of that country’s legal and judicial community has been in conflict with Pakistan’s leadership since President Perves Musharraf suspended the constitution and replaced seven of the 11 members of the Supreme Court.

Mr. Ahsan, president of the Pakistan Supreme Court Bar Association, has been under frequent arrest for his efforts to restore Iftikhar Muhammad Chaudhry as chief justice.

Earlier this month, the New York City Bar Association granted honorary membership to Justice Chaudhry. In November, the city and state bars, as well as the New York County Lawyers’ Association, organized a rally attended by about 700 people at Manhattan Supreme Court in support of Pakistan’s lawyers and judges.