CJP....Govt heading towards constitutional crisis.

Bombaybuz

Minister (2k+ posts)
http://www.pakistantoday.com.pk/2011/05/govt-heading-towards-constitutional-crisis-cjp/

MASOOD REHMAN

ISLAMABAD - Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry observed on Wednesday that the government was not following the constitution, which could lead to another constitutional crisis.
Chaudhry was heading a three-member Supreme Court bench also comprising Justice Muhammad Sair Ali and Justice Ghulam Rabbani, which was hearing a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan against alleged bogus votes in voter lists used in the 2008 general elections, because of which fake assemblies were formed three years ago.
Do you want to bring back the doctrine of necessity? You might have not taken any oaths but we have taken an oath to work under the provisions of the constitution and will not allow anyone to violate the constitution under any circumstances, the chief justice told Attorney General Maulvi Anwarul Haq. Hamid Khan, counsel for the petitioner, submitted that under the 18th Amendment, only the chief election commissioner (CEC) was supposed to check the electoral rolls.
He stated that previously the CEC was appointed for three years but after the 18th Amendment, his term would be for five years. The chief justice stated that functions of the Election Commission were visible in various articles of the constitution. Hamid Khan stated that preparation of electoral rolls was the duty of the CEC after the 18th Amendment. Its impossible for us to support any unconstitutional activity. How are you conducting by-elections without a complete Election Commission? Is it not a violation of Article 218, 219 of the constitution? the chief justice asked the attorney general.
He observed that neither the electoral rolls nor anything else was constitutional. Your silence is enough to say that you agree with us and believe that the constitution is being violated, Justice Muhammad Sair Ali added. To a court query, the attorney general said that three senators, nine MNAs, 11 MPAs and 6 people on the reserved seats were elected in by-elections after the 18th Amendment.

Per yahan main aap ko aik baat aur bata doon ya karwai last wed ki nahi hai 43days pahley ki hai... us k baad aik by election aur ho chuka hai... AJK ka honey wala hai. rangers jawan ney aik begunah ko mara faisla 30 din main hona chaheya SC ki sindh HC ko hidayaat... aur mulki ahmiyaat k maslon pay 43/43 din ki silance... ???
 

shaheedchoudry

Minister (2k+ posts)
http://www.pakistantoday.com.pk/2011/05/govt-heading-towards-constitutional-crisis-cjp/

MASOOD REHMAN

ISLAMABAD - Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry observed on Wednesday that the government was not following the constitution, which could lead to another constitutional crisis.
Chaudhry was heading a three-member Supreme Court bench also comprising Justice Muhammad Sair Ali and Justice Ghulam Rabbani, which was hearing a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan against alleged bogus votes in voter lists used in the 2008 general elections, because of which “fake assemblies” were formed three years ago.
“Do you want to bring back the doctrine of necessity? You might have not taken any oaths but we have taken an oath to work under the provisions of the constitution and will not allow anyone to violate the constitution under any circumstances,” the chief justice told Attorney General Maulvi Anwarul Haq. Hamid Khan, counsel for the petitioner, submitted that under the 18th Amendment, only the chief election commissioner (CEC) was supposed to check the electoral rolls.
He stated that previously the CEC was appointed for three years but after the 18th Amendment, his term would be for five years. The chief justice stated that functions of the Election Commission were visible in various articles of the constitution. Hamid Khan stated that preparation of electoral rolls was the duty of the CEC after the 18th Amendment. “It’s impossible for us to support any unconstitutional activity. How are you conducting by-elections without a complete Election Commission? Is it not a violation of Article 218, 219 of the constitution?” the chief justice asked the attorney general.
He observed that neither the electoral rolls nor anything else was constitutional. “Your silence is enough to say that you agree with us and believe that the constitution is being violated,” Justice Muhammad Sair Ali added. To a court query, the attorney general said that three senators, nine MNAs, 11 MPAs and 6 people on the reserved seats were elected in by-elections after the 18th Amendment.

Per yahan main aap ko aik baat aur bata doon ya karwai last wed ki nahi hai 43days pahley ki hai... us k baad aik by election aur ho chuka hai... AJK ka honey wala hai. rangers jawan ney aik begunah ko mara faisla 30 din main hona chaheya SC ki sindh HC ko hidayaat... aur mulki ahmiyaat k maslon pay 43/43 din ki silance... ???
SC wants to decide quickly. The guilty party always like to prolong the cases. And there are lawyers who guide you how to delay cases. Fake medical certificates are presented as an evidence. And much more............If prosecutor does not present case honestly, what can courts do. If they decide quickly, you will be very quick to say, "justice in haste is justice in waste.
 

Bombaybuz

Minister (2k+ posts)
SC wants to decide quickly. The guilty party always like to prolong the cases. And there are lawyers who guide you how to delay cases. Fake medical certificates are presented as an evidence. And much more............If prosecutor does not present case honestly, what can courts do. If they decide quickly, you will be very quick to say, "justice in haste is justice in waste.

why same is not the case with Sarfaraz's murder in khi by a rangers solder..where SC directed to sindh HC that case must be decided in 30 dayz...
 

shaheedchoudry

Minister (2k+ posts)
why same is not the case with Sarfaraz's murder in khi by a rangers solder..where SC directed to sindh HC that case must be decided in 30 dayz...
I think either you are bit young or you don't know how judicial system works. Judicial system is not perfect, its what we have.
Its like hospital emergency. Triage nurse decides who should be treated first. And when some matter of public importance comes ahead, it is given priority.
 

crankthskunk

Chief Minister (5k+ posts)
CJ of SC is a "**asi", he says he is not applying "Doctrine of necessity" but he is every day.

In the UK parliamentarians and Lords are jailed for small amounts in appropriation in their expenses claims. In Pakistan CJ let big thieves Scot-free who have stolen billions from the Public, as long as they return the money.
How this is justice?

Recently, Amin Fahim has agreed to return back 4 crores he is taken in NICL scam. But nothing is going to happen to him.

CJ in essence let these thieves go scot-free not only doing the justice, but he is letting them continue in Politics, so they can loot Pakistani wealth further in the future.
And he says there is not "doctrine of necessity" in Pakistan?

He has failed miserably, all the efforts of Pakistani people to restore him have gone to waste in my considered opinion.
 

Bombaybuz

Minister (2k+ posts)
I think either you are bit young or you don't know how judicial system works. Judicial system is not perfect, its what we have.
Its like hospital emergency. Triage nurse decides who should be treated first. And when some matter of public importance comes ahead, it is given priority.

I have a very good undertsnading how a court can work based on 1886 british rule ... in 21 century ... but then also All i want to emphassise is that Im not satisfied with the out of this independent judiciary for which we struggled this hard and with such high hopes & promises if this is the out come then let me say that i have serious doubt about the sincerity of the CJP ... not even one single judgement in common public interest is issued not a single big name is accused of corruption for which the govt itself says the mass of whole annual corruption is around 1000 billion rupees. if a case of non judical killing can be fixed in a month then why NRO is not taken that seriously.
 

shaheedchoudry

Minister (2k+ posts)
I have a very good undertsnading how a court can work based on 1886 british rule ... in 21 century ... but then also All i want to emphassise is that Im not satisfied with the out of this independent judiciary for which we struggled this hard and with such high hopes & promises if this is the out come then let me say that i have serious doubt about the sincerity of the CJP ... not even one single judgement in common public interest is issued not a single big name is accused of corruption for which the govt itself says the mass of whole annual corruption is around 1000 billion rupees. if a case of non judical killing can be fixed in a month then why NRO is not taken that seriously.
Very good points raised. If you were to distribute candies amongst two kids, would you satisfy both of them. Try that some time. Humans are not perfect that is why we will have judgment day. CJ of Pakistan can't satisfy everyone. If he acts the way you wants him to then he will be blamed for judicial activism. He is damned if he does and damned if he doesn't.
Why are you saying he never acts on issues of public importance. Remember price of sugar verdict? Majority of lawyers disagreed.
 

shamsheer

Senator (1k+ posts)
چیف جسٹس نے اپنی جملے بازیوں میں ٥ سال نکل دیے اور اس زرداری موالی کو ہاتھ نہ لگا سکے. کہاں رہ گیے ان کے سو موٹو ایکشنز ؟ لگتا ہے ان کی اتفاق فونڈری کی ہمّت کو شرافت کا زنگ لگ گیا ہے
 

Bombaybuz

Minister (2k+ posts)
Very good points raised. If you were to distribute candies amongst two kids, would you satisfy both of them. Try that some time. Humans are not perfect that is why we will have judgment day. CJ of Pakistan can't satisfy everyone. If he acts the way you wants him to then he will be blamed for judicial activism. He is damned if he does and damned if he doesn't.
Why are you saying he never acts on issues of public importance. Remember price of sugar verdict? Majority of lawyers disagreed.

This is serious issue not a distribution of candies among children... infect a matter of life n death for 80% population of this country....and its has noting to do with anybody's satifaction but the course of justice.. sheer pure justice.. I'm bring an end to this discussion as you mentioned the price of sugar verdict which is noting but a slap in the face of justice.