Original Articles

Halal contracts and haram contracts: An open letter to CJ Iftikhar Chaudhry

Related article: Contract employees: Something the FCS wallas will never write on

Asma Jahangir vs Justice Ramday – by Khalid Wasti

I have just read the headline “Jobs for retired officers on contract violation of law: SC”, in The News dated January 28, 2011. This has been said while the SC is investigating the Hajj Corruption Scandal. To be very honest, the way the Supreme Court is acting is nothing less than a joke. The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Anwar Zaheer Jamali, Justice Asif Saeed Khosa, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday ordered on the contractual issue of retired officials, further holding it prima facie, it appeared that provisions of law in Section 14 of the Civil Servants Act 1973 as well as sections contained in Estacode and verdicts of the superior court on the subject were not considered and adhered to. The court further observed that the practice was not conducive for good governance — not only in police department but also in other departments. The court, while expressing dissatisfaction at the progress report submitted by the additional director general FIA, directed that a comprehensive report be filed till February 10 as many matters were left unaddressed. The attorney general apprised the bench that he had submitted a list containing the names of nine contractual officers in police and FIA. He said nine officers in the Police Department were re-employed while four summaries were also moved by the department itself. DIG Sultan Salahuddin Khattak, DG FIA Wasim Ahmed, Tariq Jameel, Major (retd) Khurram Gulzar, Nadir Hussain Khoso, Saeed M Baloch, Lt Col (retd) Farman Ali, Mian Akhtar Hayat and other police officers appeared and apprised the court that they would contend their cases.

May I dare ask that based on this logic, why is Justice Khalil ur Rehman Ramday still an Ad Hoc Judge? He had reached superannuation and had to be retired, but then the CJ created a judicial storm with Jang/The News/Geo and got him appointed as an Ad-Hoc Judge in February 2010. Also one needs to ask the CJ and the honorable judges, what exactly they want the executive to do? The PM can’t promote civil servants from Grade 21 to Grade 22 as that can be termed as illegal. The PM cannot even appoint people to boards of SOE’s nor as management of those organizations.

The CJ was terming certain civil servants as incompetent, now he is recommending some civil servants. What exactly is happening? The CJ has become an extortionist. That is what I can simply say. May I also dare point out the deviation of topics in this case. From Hajj Corruption to PM’s Family and Friends to Civil Servants appointment!

Hum piyen to Haram, tum piyo to Halal???

Video report: Iftikhar Chaudhry taking oath under PCO – 30 June 2005
http://youtu.be/xgabdoq97fs

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Ahmed Iqbalabadi

17 Comments

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  • sc will start one case and will settle so many courses with ppp govt in that case.they will take up so many other issues in that wich got nothing to do with that case.like in NRO case ,the case was about legality of NRO but suprem court investigated swiss accounts of zardari in that case.so many days in that NRO case spent on swiss accounts and ordered govt to write letter to swiss govt while the actual case was about lagality of NRO.sc get all hints and direction from jang/GEO group.when GEO case comes in sc through akram shiekh things sorted out in favoure of GEO within a day.like this week sc gave screening rights of world cup 2011 to GEO rather than ptv and the case was decided in one day.very quick justice for Geo.

  • WE ARE LIVING UNDER JUDICIARY RULE.ITS A JUDICIARY POWER. ALL POWERS OF EXECUTIVE TAKEN BY SC, THEY HAVE MADE GOVT SO WEAK AND DISABLE.THE PLAN IS TO KEEP PPP GOVT UNDER-PRESSURE ALL THE TIME SO THEY CANT FUNCTION PROPERLY AND FAIL.THIS IS THE PLAN CHALKED OUT BY JANG GROU, PMLN AND SUPREM COURT.KHAWAJA SHARIF AFTER RETIRMENT GOT AHOUSE FROM PUNJAB GOVT IN REWARD FOR HIS SERVICES TO SHARIF FAMILY.KHALIL RAMDAY’S SON MUSTAFA RAMDAY GETTING ALL CASES FROM PUNJAB GOVT AND HE HIMSLEF ADMITTED THAT HE GOT 2.5 MILLION FROM PUNJAB GOVT FOR REPRESENTING THEM IN COURT.

  • now sc will decide wich private company will get the contract.purely economic matter.riko dic issue was raised ny Jang group and Shaheen sehbai and now sc is looking into it .

  • its unholy alliance between pmln , jang group and judiciary to destabilize ppp govt.khalil ramday is fundo and he see ppp as liberal ,secular and anti- religious party. he has ideological problem with ppp. he is of ziahul haq mentality type of man.

  • khalil ramday’s son. akram shiekh’s son all getting favoures from punjab govt.ramday associates, khail ramday’s family law firm getting all high profile cases from punjab govt and get decisions in punjab govt favoure from judiciary.i dont why ppp is not highlighting and pointing these evil games against them.khawaja sharif got house from punjab govt against all rules and none took notice. khalil ramday got 2 plots from govt against the rule but nobody is bothered.

  • Nair, you raised pertinent points. You may like to use the comments to write an article and we’ll post it

  • ahmed brother ,
    you can post what saeed minhas wrote in daily times today about morality of judiciary.plz read and post PRESS GALLERY written by saeed minhas in daily times today.its a very detailed article about the judiciary.

  • there is so mcuh political games going on in judiciary ,its unbelievable. judiciary has become untouchable.its like militry dictatorship.we living in a judicial dictatorship.nobody dare to say anything about judiciary.read in daily times today.

  • It is very shameful for the public who supported corrupt Governments like PPP and every body knows the role od Asma Jahangir a 3rd rated Advocate nominated head of the supreme court bar how many cases she has in her belt please don’t play with the future of Pakistan

  • http://www.dailytimes.com.pk/default.asp?page=2011\01\29\story_29-1-2011_pg7_25

    ISLAMABAD: From dominance of fortune tellers on the hill-top houses to recent public begging of Premier Gilani from US to influence IMF for release of some monetary oxygen for his dwindling government and from boycott of Altaf Bhai’s liberal men in the Senate to offer fateh (prayers) for the slain Governor Punjab Salman Taseer to the verdict issued by ad hoc judges condemning the government for continuing the practice of employing retired employees on contract basis all this is enough to make painfully hilarious movies to show the morality of our oligarchs including judicial commanders.

    Of all the judges when a retired judge reappointed on a one-year contract and who is manovuering to get another year’s extension by raising the level of tantrum along with another one who is already serving on the superior benches on a two-year contract try to condemn the government for appointing retired officials on lucrative contracts thus negating the right of employment to burgeoning and exasperated youth, what message it conveys to the bewildered masses. One of shame and condemnation because it lacks not only morality but even the basic sense of justice, commented a senior retired judge who was instrumental throughout the epic judicial movement.

    Isn’t it interesting that its not only these two judges sitting on the superior benches but even the registrar of the superior court is working on a contract after retirement and not only that the same registrar is holding not one but three important posts which include secretary of judicial commission and secretary of law and justice commission. When favouritism is so ripe within the ranks of the higher judiciary, then how can we expect that nepotism might be left out, revealed an insider? He whispered in a husky voice that you know though PCO judges are being humiliated for bending their knees before a dictator these days but one of the close associate of the same PCO judges, Mr. Chawla has been darted in by the registrar into the federal judicial academy as its DG on a contract. The list does not stop here because our senior black-coat further revealed that instead of giving any chance of promotion to the lower administrative staff, the same registrar has flown an outsider from National Assembly secretariat to work as additional registrar.

    If this fiefdom of the judicial commanders is becoming a holy cow for the government than should we expect from the custodians of impartiality to first set their own house in order or should we let them grow to the level where they become untouchables, commented another one privy to these developments. And, he continued in the same breath, just to mind you untouchables they have already become because had it not been so than how come they do not even care to respond to leader-of-opposition-led Public Accounts Committee (PAC) that why superior courts’ representative would not appear before a committee of an elected House to respond to various questions raised by Auditor General of Pakistan (AGP) on their utilization of funds.

    That also means, he added, that since our new demi-gods of the power corridors have a case of his eligibility pending against the sitting chief minister of Punjab Shahbaz Sharif, they will not follow the good work done by Sharif to eliminate all additional secretary, additional IG and other similar posts to cut down the expenses. Will they ever volunteer to cut down the staff they have pout for monitoring all the national TV channels on a 24/7 basis to know on a minute to minute basis that what is happening on political and other fronts?, he asked all of us surrounding him. Responding without caring for an answer he continued saying that certainly no chance because such monitors have become so necessary that just incase anything is preempted against the ‘sanctity’ of a self-driven fiefdom, they need to know it as we saw just a few months back when they had to rush back to their chairs even in the middle of night.

    Despite listening to all this and knowing well that many law abiding lawyers remain skeptic, I am still hopeful that if nothing of the above our judicial priests will follow only one principle at least. The one enunciated by them in their unanimously promulgated judicial policy of 2009 and that is to decide every case within six months. So far I have stopped even counting the months and in some cases (like missing persons) years because now upon hearing some of these cases appearing in the media one wonders that how come I have grown up so much and there is no progress on these cases. You name it and they are all there pending for some kind of verdict and just to get you starting let me give you some hints like Hamesh Khan Case, Harris Steel Mill, Swiss case, and the rest you can count on fingers.

    But has anyone ever imagined that what happen to the cause list which you find pasted outside all these court rooms and which often runs into dozens. The fact is that none of them get ever heard and the poor litigants, some of whom travel from as far as Rajanpur in Punjab or from across the length and breadth of the country had to return home with empty hands and fallen hopes. Whenever they are summoned to attend their respective cases they do nothing but to pay for their lawyers to get the simple answer that their case remained left over because whole day of the court was consumed either by 18th amendment, missing persons or contract employees, etc, etc.

    May be that might have been the reason, as our bar associates revealed that the recent luxury car imported for the safe-traveling of the Supreme Judge at an estimated cost of about Rs 80 million is only gathering dust because most of his time is spent on these cases or in between the hearings using a fancy blackberry (BB). But folks be aware and don’t be fooled here, still no one is allowed to take their mobile phones inside any court room, that’s an order of our Superior and even lower courts. So no matter what is the behaviour of the courts, whenever any of us go to visit these courts we have to behave because they need concentration and full attention to listen to the facts of the cases and don’t want get distracted by any noise or any one with the exception of those monitoring guys or the BB.

    Anyway lets come out of the judicial frontiers and lets see how our liberal friends from Altaf Hussain cadres have turned their backs on an issue which on the one hand is being discussed as a religious versus liberals and on the other as right versus wrong. But please don’t underestimate the experienced orators of Altaf Bhai because they seem to have dozens of excuses rolled up their sleeves. Some of them believe that when the entire federal government and in particular its spokesperson—who was heard complaining against other federal ministers for taking up his role by announcing important decision of cabinet in advance of him—does not want to even speak on the issue why should they bother to eliminate their chances of strategic electoral alliances with the right-wing parties. One finds logic in their argument because from Prime Minister to all the other cabinet members and from party cadres to party leadership no one has even announced to hold official chehlum (40th day religious ceremony) for the slain Governor who gave his life fighting for a cause for which PPP has always stood up. But, as one of our Pakhtoon MP nailed it that with the migration of so many from various religious outfits into the PPP, open minded people of this country should recall to their minds the famous saying of Premier Gilani, “PPP has become a pro-establishment party”.

  • Chief Justice Iftikhar Muhammad Chaudhry has allowed Dr Faqir Hussain to continue as the Supreme Court Registrar on a contract basis “in the best interest of the institution.” He added that Hussain’s continuation was not blocking the promotion of any other officer.

    According to a press statement issued on Sunday, the re-employment of Hussain was found in compliance with the instructions contained in Rule 14(1) of the Civil Servants Act, 1973, and was in public as well as institutional interest.

    The Supreme Court while hearing a suo motu case recently directed the establishment division secretary and the chief secretaries of the provinces to ensure that the case of any civil servant or other persons who have been re-employed will also be examined in terms of the provision of law.

    The cases of three officers – the incumbent Registrar and two Deputy Registrars – who have been re-employed or employed on contractual basis in the court were reviewed.

    It was noticed that two De­puty Registrars – Arjan Ram K Talreja, at the Branch Registry in Karachi and Pervez Ahmed at the Branch Registry in Lahore – were working on contractual basis.

    When the two Deputy Regis­trars were offered the contract, no one was eligible for such a promotion. However, after the SC’s judgment, their cases have been reviewed and it has been noticed that due to their contractual employment, the promotional prospects of the eligible Assistant Registrars, who otherwise qualify to be considered for promotion as Deputy Registrars, are apparently blocked.

    The press statement said in the third case, the re-employment of Hussain on contractual basis as Registrar of the Supreme Court for two years does not create any obstacle for other officers of the SC; therefore, no rectification is required.

    Published in The Express Tribune, January 31st, 2011.

  • Amusingly the honorable court has no information of any kind about the recent developments in Balochistan. Justice Javed Iqbal in his remarks during a recent hearing of missing persons case mentioned only two abductions whereas more than 50 persons have been abducted or murdered only in the month of January. These include six mutilated bodies recovered within less than 48 hours in first week of January. The victims include newly-wed Ahmed Dad and a minor Zakaria Baloch who both were political activists. The only step taken to address the issue of missing persons has been a red-tapeism technique of commission formation. The commission instead of providing a solution has further deteriorated the problem due to its non-serious behavior. Only a slight more than 200 cases have been considered by the commission whereas the complete details of at least 1100 missing persons have been made public by nationalist parties. This figure (1100) is based only on the cases which have been reported in Balochi media. In reality thousands of Baloch political activists, students and common people have disappeared without any trace.

  • army cheif is also working on contract, extention, what you say to that mr cj?or you only after ppp.