منصف ہو تو حشر اٹھا کیوں نہیں دیتے
Justice should not only be done but should manifestly and undoubtedly be seen to be done – Lord Hewart
The movement for the restoration of twice sacked Chief Justice of Pakistan, Chaudhry Iftikhar changed Pakistan forever. This movement has made the people of Pakistan become conscious of their overwhelming power.
The common perception is that this restoration was made possible after some bigwigs of the establishment forced Zardari, who had made it a matter of his ego, to step down and reinstate the judges, sacked by the military dictator General Mushuraf. Zardari had no choice but to bow to the pressure and later, sheepishly attempted to take the credit for this ‘restoration’, fruitlessly.
It is arguably said that the dispute between CJ and Mushuraf erupted on the issue of the missing persons followed by further disagreement on various issues, to make it worst. The issue of the missing persons indeed grabbed the media attention and Mushuraf’s disgraceful collapse began.
This surprisingly turned out to become the biggest bonding factor among all sorts of forces, in the history of Pakistan since independence. The power of the people created history and the nation emerged triumphant. This glorious movement marked the beginning of a new era. The families of the missing persons were now seeing a ray of hope, their children, spouses and elderly parents, cheerfully anticipated the return or to know the whereabouts of their loved ones. They are still waiting; however, the ray of hope is not as bright as it was a few months ago.
Recently, an Italian court convicted twenty three CIA workers for abducting an Italian Muslim citizen, Abu Omar. United States’ outraged was not taken into account and the decision was purely given on merit. It was frustrating to know that while the other countries protected the rights of their citizens, Pakistani judiciary once again stepped back and kept the tradition of making false promises of justice to its’ citizens.
While the honourable Chief Justice is engaged in giving the masses some relief by trying to implement cost-cutting measures of sugar and flour, ineffectively, Dr. Amna Masood Janjua is still waiting for her husband and Dr. Afiya Siddiqi’s mental and physical torture continues in America.
Supreme Court’s detailed decision on November 3rd emergency case once again proved that the judiciary in Pakistan still believed in the defamed ‘doctrine of necessity’ myth. The decision might make legal sense, it does not appeal to the masses. The people of Pakistan wanted to see Mushuraf’s trial, on the contrary, his safe exit from the country was ensured before any case against him was registered.
Supreme Court is answerable to the people of Pakistan because we are the ones who made its’ restoration possible. Iftikhar Chaudhry, so far, has failed to do what was expected of him.
The Supreme Court of Pakistan apparently has deviated from its basic job of ensuring justice and guarding the constitutional rights of the citizens of the state; it is trying to run the financial system. It is not SC’s purview to conduct investigation into bank scandals or look into oil price hike. If the CJ wants stronger institutions, as claimed, he should make sure that his own institution functions within its own area of authority and not interfere in quarters that can be addressed by their respective body.
The masses that brought Mr. CJ back into authority demand justice, they want to know where the missing persons are, and they want to know where Dr. Aafia Siddiqui’s missing children are. The blood of the martyrs of the 12th May massacre demand justice.
Hon. CJ if your hands too are tied and you are incapable of delivering then please renounce your powers, we were better off with crooked ones; at least there was no pretence.
مٹ جاے گی مخلوق تو انصاف کرو گے
منصف ہو تو حشر اٹھا کیوں نہیں دیتے
MiT jaey gee Makhlooq to insaaf karoo gay?
munsif ho to hashar uTha kyun nahi daitey?
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I want to know WHY DID CJ MEET THE KAMINA CHAMOONA, HOLBROOKE?
@mayoos-Paki
that was very sahmeful act, mera maatha waheen thanka tha. Plus with aitazaz as his right hand one can imagine
The line u quote came from Aitazaz Ahsan he himself said almost same thing in few times back and repeated in Policy Matters, it is not the job of SC to run the financial system and fix prices. I would like to know wat SC is doing abt missing person cases and 12th May incident, or is it job of Parliment too. Ideally it should be. But alas! Parliment is too bz giving speeches. BTW the site has published so many articles abt Zardari led govt.
Zardari is not Aitzaz’s master, his masters are in Washington. Aitzaz will do what he is told to do.
@nota
Fine main maan laita hoon apka farmaya hoa, Kurd said ala adliya main firaun baithey hain, the recent bar elections and judges appointments coming out. Same AZ was good when he was lawyer of CJ now he is Zardari bitch – lol.
U still haven’t answered my qts why the SC hasn’t taken the missing person case?
Afzaal I agree with nota to some extent. SC while protecting the constitutional rights of the citizens,must keep an eye on different affairs especially when the public is suffering but the most important task for it is to implement law. You will have competent people if fair accountability and justice are given on merit. SC must set its goals and priorities before its credibility is seriously questioned.
@nota
then what are we arguing abt? I mean if u think justices are 3rd rate and u agree that they haven’t delievered justice in by-election case and missing person, then whats the problem? Why dun u start laying down ur argument with some clarity instead of all the parenthesis and links. Just lay out wat is ur problem with the article or which point u dun agree with. See then it wil be simple for dimwit like me to follow ur thought process and counter argue.
nota and afzaal.
Both of you are the nawabzada nasrullahs of SD, never agreeing with each other despite making same points.
@nota
welll i am sorry then, I can’t find wats bothering u abt the article. May be once again u can ssimplify for me
Ok Ok
Can we call it quits?
On a lighter and a completely different note, I am proposing a set-up to run Palkistan.
My Dream Team
President- Imran Khan (with 17th amendment.)
Prime Minister- Javed Mianded.(Dawood Ibrahim connection will bring peace and stability)
Minister on Kashmir Affairs- Waseem Akram (Indians love him)
Attorney General- Younis Khan-(jhoot bolnay ka mahir)
Minister for religious affairs- Inzimam-ul-Haq (Taliban will mellow down)
Minister for Social Welfare- Shoaib Akhter(all he can do now is ,social work.)
Minister for Sports- Jamshed Dasti (to end sports in Pakistan)
Minister Foreign Affairs- Rashid Latif (knows all matching fixing networks in the world)
Minister for Education- Waqar Younis (will teach English to Mohammad aamir and Ajmal)
Minister for Water and Power- Salman Butt (he is the one with washed and glowing face)
Minister Interior- Shahid Khan Afridi (will beat Rehman Malik in creating stirs)
Minister Industries- Ejaz Butt(PCB has enough money to start an industry)
Minister Port and Shipping- Mohammad Asif (carrying drugs would become easier)
Please feel free to add suggestions.
So we are living perfect,living in an imperfect world looking for infallibles.
CJ was restored with public pressure with the intervention of Kiyani who felt that pressure.
CJ owe this restoration to public and somehow strategically to Kiyani also.
If CJ pass an order and Police under Rehman Malik refused to follow…where else CJ has to look besides Kiyani.
Case of missing persons is very sensitive and thanks to Musharaf Army is involved upto neck.
CJ can pass the orders but for execution he depends on Army and Police…an order which is not honored by Army and Police both, will make mockery of justice and judge as is the case with sugar prices.
Please stop cursing CJ for he is being circumspect.
Aitezaz needs some respite as well…please wait and see until he does something terrible….potentially may do something terrible or planning to do terrible is not enough to curse him.
Though I agree with u on sugar prices and had maintained SC was wrong getting in middle of that. The missing person case is different. Its not just that court should order and they be preesented next day, its the qts of starting the hearing and naming the names, once SC start doing that then it will be open to the public and as with coacroachees when light is shown the scurry, the personnel involved will be falling over each other. If nothing at all happpens, it still will serve a purpose of putting things on record and bringing some closure to the effected families. Not knowing is horrible, my mom 2 twin bros, ie my mamoon just disappeared and my nani till her last breath missed them always wondering what happened.
CJ already has activated missing person cases with great caution…the first step is taken regarding missing husband of Amina Masood Janjua.
Retrieving missing persons is tough job when you already have to fight within judiciary with the bad judges…now cleansing is almost done so he is taking steps in that direction.
You have reiterated your concerns about sugar prices intervention of SC, perhaps this time you think it was a strategic mistake because you agrre with me….
Not like the last time when you thought its legally wrong and its not SC jurisdiction because you knew more law than CJ of Pakistan and legal sharks of PPP lawyers and Justice Qayyum and Sharifuddin peerzada, all those who did not bring a legal objection on SC intervention in maintaining sugar prices as a relief to people of Pakistan.
My objection to SC fixing prices stand, I am not learned as SC cpourt judges but it just seem wrong from my point of view. Assembly can change NRO to include every citizen of Pak and implement it legally it will be right but morally it would be wrong. Some things SC shouldn’t meddle in. THough in theorey parliment, judiciary on same level it is not so, SC has no challenge, SC has last say and that will become the law of land desspite wat Parliment sayss.
Afzal just for the record, the assembly can NOT legislate against basic tenants of the constitution. For that reason alone NRO will be struck down in any court of law. Ask any lawyer friend of yours and they will tell you how long it will take them to get a stay order against NRO “Act”.
Not if includes every pakistani and provides a clear distinction of politically motivated cases. eg, a political party head jalsa and police scuffle results in “balwa” cases. Assembly can pass covering all pakistanis then no discrimination.
Geo: President forwards references against 6 judges to SJC
President Asif Ali Zardari has sent references against six judges of Lahore, Peshawar and Sindh high courts to the Supreme Judicial Council (SJC).
The judges against whom references have been filed include Lahore High Court’s Justice Syed Shabbar Raza, Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan and Justice Syed Sajjad Ali Shah.
According to the Presidency, references have also been sent to SJC against Sindh High Court’s judge Justice Mrs. Yasmin Abbasi and Peshawar High Court’s Justice Jehanzeb Rahim.
These references have been filed on the recommendation of Chief Justice of Pakistan and advice of the Prime Minister, presidential spokesman said.
Thank u SC for finally taking action
http://www.express.com.pk/epaper/PoPupwindow.aspx?newsID=1100774274&Issue=NP_LHE&Date=20091119
