Diminishing choices for both chief justice and Imran khan - ultimate collision imminent.

shaikh

Minister (2k+ posts)
 
Diminishing choices for both Chief justice and Imran khan - ultimate collision imminent


Imran khan and the chief justice are definitely moving towards an imminent open clash which in my view will lead possibly to resignation of chief justice and many members of the bench.


The interests of two sides are contradictory. Imran says that judicial officers deputed for elections were negligent to say the least and more likely much more and may want both rectification of results and punishment and accountability of these members.


The judiciary not only including chief justice by review of history seemingly reserve accountability for others and not themselves and though there are departments like MIT for accountability of lower judges and there is provision in constitution for taking the case in supreme judical council for judges of higher judiciary but that is on paper only. How many judges (corrupt) are in jails now - hardly any !


If Imran khan thinks that he can somehow get accountability of these returning officers if they are members of judiciary he is living in an imaginary world. Investigations might start but after one year the ones who were culprit will be found in better posts than before , bet it !.


In famous contempt of court cases of the past the judges simply refused to go in the details of allegations made against judges and stated that judiciary stood scandalized ansd gentlemen were put behind bars for months and one was even a barrister. Even Arif Nizami has tasted such punishment when young as he reported the acquiring of land on nominal price by judges. The law minister at that time was none other than Cornelius , the supposedly Holy Cornelius.


Chief justice enjoys publicity so much that about ten vans of media channels are permanently posted for supreme court and every lawyer of Pakistan has a picture in his office with Chief justice . It is pathetic that every office under high court and every court keeps a calender with picture of either high court chief justice or supreme court chief justice and Chamcha type publishers publish such calenders.In such a scenario where lawyer's votes and agitation matters for the chief justice then Imran khan would be lucky to have returning officers be inconvenienced at all , let alone talk of accountability.


Imran Sahib can only file a private "judicial officers accountability bill" for lower judiciary in parliament and senate and Amendment in constitution proposals regarding supreme judicial council for higher judiciary similarly in parliament and senate to show his anger effectively and this he must do. After a little while both bills with further mandments would get passed as while PMLN leadership might not be interested but their members are.


The metamorphosis of a new doctor in to an industrialist in case of chief justice son is not a minor charge against chief justice afterall if unaccounted for wealth is not the task of NAB and FIA what is ?


Similarly his allowing justice Jawad Khawaja to sit in PEMRA geo case is surely supreme judicial council stuff against all member sof the bench as this judge is reportely related to Geo owners by marriage in the family and by allegations of common commercial ventures of his better half with geo TV.


On the other hand if Imran keeps mum and judiciary does nothing about alleged rigging who will yearn for PTI ticket in Punjab next time , no body !. where will the promised revolution go. No where!.


The PPP too cannot let judiciary or CEC to award too many seats to Imran as a result of recounting lest they fall into third and lose leader of opposition slot as well. So not much from judiciary can be had.


All this add to compromise and compromise means Imran has lost both present and future.


A clash between PTI youngsters and Pro CJ lawyers is the final scene no matter how hard PTI law people try to appease all sides and no matter what recipes of excuses and apologies the non revolutionary run of the mill type lawyers infesting PTI now teach their leader.


The performance of judiciary is dismal for example A person visiting say any hospital might get a second rate medical advice for Rs 10 , while no body in supreme court can even file an appeal for less than 9000/- Rs. While a hospital even as negligent as PIMS might get a lone gun man with bullets in leg and chest, up and about in 20 days , the supreme court preliminaries on the case will last endlessly without decision and even the PIMS spokesman will be removed for giving too much information to the public. Even then judges consider themselves hero.


If my review of past is any guide , it is not possible to reform judiciary without a new constitution and Imran khan should opt for presidential system , one unit and direct voting for the president if this country and he himself is to progress at all. PTI is a party of the four groups , Pathans, higher educated classes of country in general , overseas Paksitanis and local youths in general . This is a massive group and it cannot be browbeaten by judiciary.
I expect ultimately a PMLN and PTI uneasy reproachment as PMLN leader needs Imran to take on some monsters bugging him too and use him to open a policy which he is shy to start as peace talks.


This judiciary under CJ is a main stumbling block to privatization and developmenmt of the country and is forcing people of Pakistan to fund almost 600 billion rupees annually to fund these state white elephants , starting with steel mill loses since its privatization was stopped by supreme court.


Imran if he succesfully conquers judiciary in the sense of forcing it to punish ocurrupt judicial officers he would be the only force except military to be able to do it , this enhancing his prestige. A judges true assets bill in parliament is another possible option as an apetizer , that is if Imran could only understand that no king ascends without knocking the previous ones!.


A legal system and law which does not do the task is not sacrosanct , its practitioners can only be called useless and the only option is to kick them out with their system all in one piece and sooner rather than later and replace it with workible system of justice.


No PTI lawyer will advice Imran to challenge the evil system or its judiciary as they have vested interests in its continuation.

 
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rtabasum2

Chief Minister (5k+ posts)
Good Article but ur forgetting CJ id due to retire, the last stumbling block n noon will have their man in Dec till than privatization will be on hold so Govt has no pressure from SC which changes all the assumption in the piece
 

delta_paki

MPA (400+ posts)
Good Article but ur forgetting CJ id due to retire, the last stumbling block n noon will have their man in Dec till than privatization will be on hold so Govt has no pressure from SC which changes all the assumption in the piece

They already have their CJ. The question being whether they will extend his tenure or roll-in another judicial robot.
 

shaikh

Minister (2k+ posts)
December is too far away no body will wait that long besides it is SC which sent the notice to Imran. People like Shaikh Rasheed are already advising Imran on media to quit parliament altogether if judiciary does not take up results of a few dozen seats for close examination. Offcourse Shaikh rasheed might be desiring to have a bite at Nawaz's tenure via Imran. As a matter of fact the capital was rife with serious rumours in hours before Nawaz speech that some terse messages cum guidance on content of speech was sent by establishment to Nawaz.
 

rtabasum2

Chief Minister (5k+ posts)
December is too far away no body will wait that long besides it is SC which sent the notice to Imran. People like Shaikh Rasheed are already advising Imran on media to quit parliament altogether if judiciary does not take up results of a few dozen seats for close examination. Offcourse Shaikh rasheed might be desiring to have a bite at Nawaz's tenure via Imran. As a matter of fact the capital was rife with serious rumours in hours before Nawaz speech that some terse messages cum guidance on content of speech was sent by establishment to Nawaz.
Nothing will happen, next decision from tribunal in Karachi is going to open the Pandora box of rigging, 15 th sept until than everything is chill
 

shaikh

Minister (2k+ posts)
Even in today's statement after using respectable words for chief justice he then "took his class" and in effect condemned him.
 

ASQR1

Chief Minister (5k+ posts)
After reading this post I will say that the writer is it seems a lawyer who brings in unrelated examples, but good thing is that it bothered him and he is d=speculating that IK will lose, I think it quite good that IK has exposed the corruption in judiciary and that I think is the first step towards fixing it, in the old day the cases writer talks about, I have never heard about , and if that is true than IK is very successful in exposing the corrupt ones. next step will be to rid all the corrupt ones and apply constitution in it true sense.
 

LivePakistan

Minister (2k+ posts)
CJ has sympathy with Sharif brothers but the Sharif Brother won't trust him much. CJ has become controversial and will damage his legacy if he conflicts with IK. Judiciary has already no respect and is the most corrupt system in Pakistan. CJ has not done anything good for this institution except few Suo Motos. This is not enough with majority of Pakistanis.
 

shaikh

Minister (2k+ posts)
Imran's supreme court hearing is round the corner now . What has he decided ?. Would he show mettle and bring 20000 supporters on constitution avenue and accept that he meant all what he said and that he was wronged and that judiciary did not full fill its responsibility for holding a free elections and that it cooperated by inaction on election complaints allow to allow a PPP man become leader of opposition and it continues to harass PTI . He should speak truth that what he meant was higher judiciary and CJ himself when he said shameful and that shameful is not a slur but an invitation to look into one's conscience and conduct . It will seriously damage Imran 's image as macho man if he apologizes and repeats offcourse wrongly that he meant returning officers when he used the word shameful conduct. A much better message of defiance is if he enumerates as to under what law CJ handled his son's case , as to under what law he allowed Jawad Khawaja to sit in PEMRA bench when later was related to Geo TV owners and under what law CJ allowed full time law officers of state like DAG to take fees from private parties and affect decisions of the courts. Each one of these constitutes an ample material to take the CJ and other supreme court judges and even IHC chief justice to supreme judicial council . Offcourse presenting private bill in parliament about judges accountability and amendments in Supreme judicial council will send the right signal to judiciary that it cannot play with destiny of country and erect parallel power centres. CJ is not allowing privatization of economy for the last seven years and public enterprises are gobbling hundreds of billions of tax payer's money . CJ is not supervising lower judiciary and never pays a visit of inspection to lower courts except in ceremonial dinners . His appointed IHC CJ has crowd phobia and tries to finish hearing of 30 cases in 30 minutes . His reappointed Justice Siddiqui fights and insults every second lawyer . Performance of CJ is poor and parking ten media cars outside supreme court with the apparent promise of news all the time is not befitting of a CJ. The man cannot read one page of English with fluency and his hand picked new judges are also political type with little foreign qualifications . 19000 cases remain pending in SC and they are not bothered . Imran will benefit politically greatly if he is able to snub retrogressive laws and their even more retrogressive guardians . A revolutionary has to act like a revolutionary or die as an unknown . Imran has to make this choice and this week is most important for his Career . Is he strong and thorny or weak and maceratible item , this is the question for 28th August . A weak urbane apologizing Imran will draw applaud from some but put a seal for ever on his revolutionary credentials and make his project of change impossible .
 

kakajee

Minister (2k+ posts)
Imran's supreme court hearing is round the corner now . What has he decided ?. Would he show mettle and bring 20000 supporters on constitution avenue and accept that he meant all what he said and that he was wronged and that judiciary did not full fill its responsibility for holding a free elections and that it cooperated by inaction on election complaints allow to allow a PPP man become leader of opposition and it continues to harass PTI . He should speak truth that what he meant was higher judiciary and CJ himself when he said shameful and that shameful is not a slur but an invitation to look into one's conscience and conduct . It will seriously damage Imran 's image as macho man if he apologizes and repeats offcourse wrongly that he meant returning officers when he used the word shameful conduct. A much better message of defiance is if he enumerates as to under what law CJ handled his son's case , as to under what law he allowed Jawad Khawaja to sit in PEMRA bench when later was related to Geo TV owners and under what law CJ allowed full time law officers of state like DAG to take fees from private parties and affect decisions of the courts. Each one of these constitutes an ample material to take the CJ and other supreme court judges and even IHC chief justice to supreme judicial council . Offcourse presenting private bill in parliament about judges accountability and amendments in Supreme judicial council will send the right signal to judiciary that it cannot play with destiny of country and erect parallel power centres. CJ is not allowing privatization of economy for the last seven years and public enterprises are gobbling hundreds of billions of tax payer's money . CJ is not supervising lower judiciary and never pays a visit of inspection to lower courts except in ceremonial dinners . His appointed IHC CJ has crowd phobia and tries to finish hearing of 30 cases in 30 minutes . His reappointed Justice Siddiqui fights and insults every second lawyer . Performance of CJ is poor and parking ten media cars outside supreme court with the apparent promise of news all the time is not befitting of a CJ. The man cannot read one page of English with fluency and his hand picked new judges are also political type with little foreign qualifications . 19000 cases remain pending in SC and they are not bothered . Imran will benefit politically greatly if he is able to snub retrogressive laws and their even more retrogressive guardians . A revolutionary has to act like a revolutionary or die as an unknown . Imran has to make this choice and this week is most important for his Career . Is he strong and thorny or weak and maceratible item , this is the question for 28th August . A weak urbane apologizing Imran will draw applaud from some but put a seal for ever on his revolutionary credentials and make his project of change impossible .






If the choice of lawyer is an indicator to go by, I have absolutely no doubt in my mind that Imran will succumb to his own mighty words and will apologize as the advice of his lawyer. Hamid Khan cannot even stand for more than 10 minutes in the SC, let alone he will dictate CJ all these valid points you have written.

On the contrary, the situation has taken a slightly new twist in the form of alleged rigging in PP150 Lahore yesterday and the way Punjab police manhandled the protestors there. This, further adds insult to injury because election tribunal is opneing a recount case in Haripur KPK where PTI candidate won by a lead of 1400 votes on 11 May but the tribunal has asked for the recount and the hearing is soon to be done.

These few latest events might help in making Imran's mind a bit to take the bull by its horn on 28th August. I so wish he is guided better by someone like you, perosnally.
 

shaikh

Minister (2k+ posts)
If newspaper reports are correct that the revised reply submitted yesterday is rather OK. He has denied intention of contempt of court , he has insisted that shameful as word is not contempt which is correct again and he probably has not apologized which if true is correct again. He also has the advantage of 2000 pages of whitepaper with wrongdoings of returning officers cum judiciary , his case is strong . Judiciary would want not to touch judges as returning officers at supreme court level lest they have to punish their own constituency. Will the reply work ? I know of a doctor whose case was postponed seven times before bench by CJ in SC on account of political cases and suo motos hearing then when wrong was to be inflicted on his rightful case the matter was transferred by the CJ to court of Tassadaq and Saqib Nisar . It was an appeal against decision by FST to deny promotion to him . The highly learned judges on one hand wrote that FST was not competent to hear the matter and at the same time without any proper further query used the findings of FST to make a decision against the doctor . What I am trying to say is that Imran has to be on guard , transfer of case can be a prelude to both ending the matter or deciding against him so as make him ineligible for this and that . If SC does not give a clean chit then youngsters fully charged and in thousands are there on SC doors and Nawaz despite promises may not be that sympathetic to SC's plight under this SC CJ. I have not seen a SC bench in more danger than this scenario since 2007.
 

drkjke

Chief Minister (5k+ posts)
They already have their CJ. The question being whether they will extend his tenure or roll-in another judicial robot.

both chief justice and chief of army staff are itching to get life term extension to their positions.but if Nawaz shareef bows to American pressure than people will have hard time getting fooled by same old chief justice and chief of army staff.so I guess they will have to change faces,but change of faces will be like before.when musharaf resigned and made his clone kayani as army chief.same secular minded American puppets will again sit on these seats who will ensure continuation of this system of zulm and jung against islam and civilisation