The decision by a SC bench headed by justice Taddaq hussain Gillani should not have been ignored by the PTI and this judgement should have been openly condemned. The timing of this judgement with question of appointment of the next chief justice raises eyebrows. Although this judge is probably senior to the chief justice SC but this judgement means that SC under him will carry agenda which incorporates allowing foreign killers to kill Pakistanis. A current Election commission member has insulted Imran khan and to some it seems , it is both state and judiciary inspired. hopefully politics in judiciary will be prevented by PTI and such protest over judgement on drones issue will increase influence of PTI far and wide .
Imran Khan should have condemned recent SC judgement on drone by Tassadaq Hussain Gillani bench to s
- Thread starter shaikh
- Start date
Perfect Stranger
Banned
آپ کے مشورہ کے مطابق اسے کہنا چاہئے کہ یہ فیصلہ شرمناک ہے ۔
:)
:)
No , this is not Sharamnak it is much beyond it and defies the concept of nationhood , of brotherhood of Islam , of human rights , of common humaneness and by trampling on concept of independence of Pakistan and is thus treachery and treason with its people . It disqualifies him from the august post of chief justice of a future new Pakistan. Yes PTI should not let this go unnoticed .
falcons
Minister (2k+ posts)
rtabasum2
Chief Minister (5k+ posts)
Who is going to select or elect next CJ? PM or supreme judicial council? do u know?
scholar
Chief Minister (5k+ posts)
oh tun bakree tum aur tumhara Nawazo Mango lanay kay leyah hain ............hahahah
its an executive selection........nominated by president after consulting the pm......
The next chief justice on the papers is going to be appointed by the president undern section 177 of the constitution following amended section 175 of the constitution. Now here there is problem. Section 175 as amended lately gives this advisory power to CJ plus two senior most judges (i.e Tassadaq and Nasir ul mulk), any former SC CJ nominated by CJ, Federal law minister , attorney general , Pakistan bar council nominee. So essentially this is a closed circuit appointment by government and existing judges , by way what is called the "judicial commission of Pakistan". It is usually not possible for outsiders to compete for this but theoretically any advocate of fifteen years standing can become supreme court judge and then offcourse the above body can nominate him directly as chief justice of the supreme court. some years back a news item was that Mr.Babar Awan is to become next chief justice of Pakistan, this was very strange news , but theoretically this was possible. He was asked "Can the news item be correct" He replied that there is no chance of it occurring if I can help it , it can be the last resort", meaning that there is no legal bar but only bar of tradition and experience .Case law bar is a bar but then case law cannot erect a barrier which constitution did not. Many think that justice Nasir ul Mulk is a better choice for CJ with a repute of seriousness and scholarship.
So lets see what happens , At one time an amendment took place in the constitution that judges who have been appointed for five years but reached retirement age of 65 years before their tenure was to finish they can finish their tenure. Similarly a decision was made in case of a bureaucrat perhaps it was Suddle that the time period he could not serve being made dysfunctional or some thing like this he could serve that out even if retirement age . This decision was reversed by court under current CJ SC . Now CJ's chamchas want that again to enhance his tenure. This is problematic as in a case of 2010 , I.e contempt of court against judges who took oath while CJ was made dysfunctional the judgement states that the period of CJ of Dogar is of no effect but his decisions shall remain based on defacto principle. Meaning that CJ Iftikhar Chaudry was assumed by this judgement to have been continuing as if it never was interrupted .
