Original Articles

Who will monitor the monitors? – by Nirmal Jalal

Who will monitor him?

Onora O’Neill in her 2002 Reith lectures said, ‘breach of trust has been around since the garden of Eden’. But the ever deepening crisis of loss of trust that we as a nation have plunged into, appears to have entered a totally new era. Trust is the greatest casualty in our country. We have never found our governments to be trustworthy. We have always been sceptical of our politicians, and our institutions have been in blatant breach of trust.

According to Transparency International‘s 2010 Global Corruption Barometer, police, political parties and parliament emerged as the first three top-most corrupt institutions in Pakistan. It is interesting that the longstanding common perception of judiciary joining hands in corruption with the top echelon of corruption did not feature in this report. On the contrary, this institution was credited with curbing the menace of corruption. For most of us this would come as a relief. The providers of justice are, at last, beginning to gain public trust, thanks to the efforts of Mr Iftikhar Muhammad Chaudhry, Chief Justice of Supreme Court of Pakistan!

Steadfastness against a military ruler earned Mr Chaudhry unprecedented respect in the eyes of the general public. Hailed a hero, he was seen as a saviour of the nation, defender of the repressed, guardian of law, custodian of professional morals. He set out on the apparently insurmountable task of ridding the society of corruption. Taking actions suo moto on a number of issues Mr Chaudhry’s journey to purging the society of evil of corruption continues.

Mr Chaudhry’s efforts have gone some way to restore the trust in judicial system. People are contacting the him directly to seek justice on varied issues and the number of hearings resulting from taking action suo moto is ever-increasing. With several high profile cases, such as NICL affair, and Hajj corruption scandal, the list is growing fast.

While one would have expected this to square the circle, paradoxically the country continues on its steep perilous course! Has the cancer already disseminated with no hope for remedy – or, is there an alternate explanation?

Essentially, an impartial judge has to maintain cold neutrality – an unprejudiced demeanour to all parties. To whichever philosophical theory of justice one may subscribe, the integrity of the guardian of law demands jettisoning all pre-conceptions. Whether utilitarian, liberal egalitarian or libertarian the justice should be without bias. Disturbingly, on close scrutiny of current legal proceedings a very distressing picture emerges. It will be futile to chronicle the proceedings of all the suo moto cases. The taste of what is happening behind the façade of delivering justice and purging the society of corruption can be had by just looking at the two highly advertised cases.

The National Insurance Company Limited (NICL) case has attracted immense attention. At the last hearing of the alleged Rs. 5 billion corruption in this case, the Chief Justice of Supreme Court remarked, ‘thieves are protecting thieves.’ While such provocative remarks coming form a judge in the middle of hearing of a case (when the verdict is far from clear) seriously undermine the course of justice; what is even more intriguing is the verdict on hearing of a petition filed by the Geo Group. The regulatory body Pemra has been ordered by the Supreme Court to ensure all matches of the ICC World Cup 2011 are broadcast through the cable network in Pakistan exclusively on Geo Super. What the general public may not be aware of – but surely is known to the supreme judiciary is the fact that Independent Media Corporation, which owns Geo, is involved in a case of tax evasion of Rs. 1.8 billion!

The Hajj scam has been the focus of media attention like none other. As the Latin phrase dictates: “Homo praesumitur bonus donec probetur malus” – one is innocent until proven guilty. This principle of “presumption of innocence” puts an obligation on the prosecution for the proof of offense. At each hearing the hostile stance of the SC judges against the accused testifies to a palpably profane agenda of the Chief Justice.

We have entered an era of judicial dictatorship. Pressing than ever before, the question now is, ‘who will monitor the monitors?

About the author

Ahmed Iqbalabadi

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  • Very well written. Thank you for writing exclusively for LUBP. The matter is now getting out of hand with people seeing through this man with too many ambitions.

  • Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm

    ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity. Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985. In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998. Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee.

  • Irshad new CJ: Saeed, five others refuse to take oath Rafaqat Ali Dawn Wire Service Week Ending : 29 January 2000 Issue : 06/05 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html#irsh

    ISLAMABAD, Jan 26: The Chief Justice of the Supreme Court, Justice Saeeduzzaman Siddiqui, and five of his colleagues on Wednesday refused to take oath under the Provisional Constitutional Order promulgated by the chief executive on Oct 14, 1999. As a result, the six judges ceased to be the judges of the apex court.

    Justice Irshad Hasan Khan, a senior judge of the Supreme Court, took oath as new Chief Justice under the PCO.
    Those who refused to take oath, besides Justice Saeeduzzaman, were: Justice Mamoon Kazi, Justice Khalilur Rehman, Justice Nasir Aslam Zahid, Justice Wajihuddin Ahmad and Justice Kamal Mansur Alam.

    Apart from the six judges of the Supreme Court, nine judges of the four high courts also lost their jobs as they were not invited to take oath under the PCO.

    The judges of the apex court who took oath under the PCO are Justice Irshad Hasan Khan, Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Abdur Rehman Khan, Justice Sheikh Riaz Ahmad, Justice Mohammad Arif and Justice Munir A. Sheikh.

    Out of the SC’s six judges who refused to take oath, five belong to Sindh and one from Punjab. Out of the sitting seven judges of the apex court, five are from Punjab and two from the NWFP.

    Notably, three out of the SC’s six judges who refused to take oath were appointed judges to the high courts at a time when a PCO was enforced in the country by another military ruler, Gen Ziaul Haq. They were: Justice Saeeduzzaman, Justice Nasir Aslam Zahid, and Justice Khalilur Rehman Khan.

    Justice Saeeduzzaman told newsmen at his official residence on Wednesday that when he was contacted on Tuesday night by the authorities he made it clear that he would not take fresh oath under the PCO.

    He said what he did had been done in accordance with his conscience, adding that the rest of his (five) colleagues had made independent decisions.

    The judges of the Federal Shariat Court also took oath under the PCO. Justice Fazal Ellahi Khan, who was recently appointed Chief Justice of the FSC, took fresh oath of office with Justice Fida Mohammad Khan, Justice Mohammad Khiyar and Justice Chaudhry Mohammad Yousuf. Two judges of the FSC were not present in Islamabad on Wednesday and they would take oath under the PCO in a few days.

    The fresh oath came as a surprise to many as Justice Saeeduzzaman had repeatedly said that the Constitution was intact even after the military takeover and that the judges of the superior court were not required to take fresh oath.

    On Tuesday, Justice Saeeduzzman had constituted the full court bench to hear the petitions challenging the military takeover. The case was scheduled to be heard on Jan 31. Sources close to the legal experts of the government said that everything was going “smoothly” till a few days back when a petition, sponsored by the PML, was filed in the SC. The petition asked the apex court to proceed against Gen Pervez Musharraf under the High Treason Act for the military takeover. The petition was entertained by the SC office.

  • Late. Benazir Bhutto is often quoted in favour of IFTI but read what she had to say on PCO.
    Independent judiciary vital to protecting people’s rights: Benazir Dawn Wire Service Week Ending : 29 January 2000 Issue : 06/05

    http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html#inde
    ISLAMABAD, Jan 27: Chairper-son of Pakistan People’s Party and former prime minister Benazir Bhutto expressed her dismay on Thursday at the military regime’s undermining the independence of judiciary by demanding loyalty from the country’s top judges, and strongly supported those justices who had refused to take the oath of their office. “This is one giant and unfortunate step away from democracy,” stated Ms Bhutto. “An independent judiciary is the foundation for protecting our people from abuses of powers,” she said in a statement issued here by PPP media cell.
    “The removal of these respected justices for their support of the Constitution is an egregious mistake and repeats the worst offences of the Nawaz Sharif regime and General Zia’s dictatorship to control the country through fiat, rather than through the rule of law.”

    Ms Bhutto’s statements came in response to the sacking of several top judges in Pakistan, including chief justice Saeed-uz-Zaman Siddiqui, for their refusal to sign an oath of allegiance to the Provisional Constitutional Order (PCO) that would prevent them from ruling against the military regime. “The people of Pakistan must ask whether it is a coincidence that the apex court was made subservient to the generals one week before their rule was to be challenged,” she said. She further stated that this move by the junta was an “obvious attempt to solidify their
    power by removing anyone who stands against them and silencing all liberal voice of dissent.”

    “The people of Pakistan have put their faith in the Constitution. We must return our nation to the rule of law, not the rule of the sword, or watch helplessly as prosperity and opportunity for our people passes us by,” she added.
    Ms Bhutto said she was disappointed that action had been taken against judges, most of whom had a reputation for independence and integrity. On the other hand, some of the controversial and politicized judges had been retained.

    However, she noted that new Chief Justice Irshad Hasan Khan was respected as were most of the judges in the Supreme Court who had been retained.

  • Justice Ramday “The Ad Hoc” ‘s ugly role in validating General Pervez Musharraf Martial Law.

    LHC rejects pleas against Musharraf’s presidency Staff Reporter DAWN WIRE SERVICE Week Ending : 30 June 2001 Issue : 07/26 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun3001.html#lhcr

    LAHORE, June 27: The Lahore High Court summarily dismissed three writ petitions challenging the assumption of the President’s office by Chief Executive Pervez Musharraf. The petitions were filed by Advocates MD Tahir, Amir Sohail and Hanif Tahir. The first-mentioned two argued at some length while the last-mentioned told Justice Khalilur Rahman Ramday, who heard the petitions, that he had reservations about him on account of his pro-government sympathies but would, instead of seeking transfer, leave the matter to his conscience.

    Advocate MD Tahir said frequent military interventions, prompted by politicians and invariably condoned and validated by the judiciary, have greatly damaged Pakistan in all spheres of life. Advocate Amir Sohail submitted that the Supreme Court recognized Gen Pervez Musharraf as chief executive for three years and his elevation to the office of President was repugnant to the SC judgment in Zafar Ali Shah’s case. Under the judgment and the provisional constitution order validated by it the country is to be governed as nearly as possible in accordance with the provisions of the 1973 Constitution. Mr Rafiq Tarar could not have been removed except by impeachment. Justice Ramday observed that the 1973 Constitution was in existence by virtue of the PCO as amended from time to time and dismissed the three petitions.

  • Takeover in ‘national interest’: Assemblies, Senate dissolved By Ihtashamul Haque DAWN WIRE SERVICE Week Ending : 23 June 2001 Issue : 07/25 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun2301.html#take

    ISLAMABAD, June 20: The Chief Executive, Gen Pervez Musharraf, assumed the office of President with a pledge that elections would be held in the country by Oct 2002 as directed by the Supreme Court of Pakistan. Talking to journalists after being administered the oath of office by the Chief Justice, Irshad Hasan Khan, at the Aiwan-i-Sadar, President Gen Pervez Musharraf said he had assumed the office of the president in the “supreme national interest.”

    The oath-taking ceremony was attended by cabinet members, provincial governors, corps commanders, services chiefs and the diplomatic community. An official announcement made earlier in the day said that Mr Rafiq Tarar had ceased to hold the office of the president with immediate effect. This followed the dissolution of the suspended parliament including the Senate, the National Assembly and the four provincial assemblies.

    Two amendments have been made in the Provisional Constitutional Order to effect the removal of Rafiq Tarar and induction of Gen Musharraf as the president. A proclamation order was read out after the oath-taking ceremony of the President which said: “General Pervez Musharraf has entered upon the office of the President of Islamic Republic of Pakistan under the President’s Succession Order 2001. Therefore, let it be known to all and sundry that General Pervez Musharraf took oath of office as President and assumed the office of the President of Pakistan.” After the ceremony, Gen Musharraf told reporters that his decision to take over as the president was led by constitutional, political and economicconsiderations. He, however, made it clear that general elections would be held by October next year as was directed by the Supreme Court of Pakistan.

    “I feel in all humility that if I have a role to play for this nation I will not hesitate whatever decisions are involved. I hold national interests supreme. I personally think with all sincerity and honesty that I have a role to play in this nation. I have a job to do here and therefore I cannot and will not let the nation down,” said the new President who continues to be the Chief Executive and the Army Chief. He said he had taken over as the President of Pakistan through an amendment to a clause of the PCO of Oct 14, 1999, which allowed continuity of the ex-president of Pakistan. “I have been thinking of this change for some months. This has been one of the most difficult decisions that I have taken. It was difficult because it involved myself, doing something which I have never done in my
    life.

    In my entire career I have never done anything for myself. God has been kind and continues to be kind to me. I bow my head before Him for all the bounties that He has showered on me. I will bow in more humility as I rise,” he said. As far as the political process is concerned, he said, there was no change whatsoever. “Let there be no doubt that there is no change in our intentions for the future”. He said the Supreme Court ruling directing the government to hold elections by October 2002 was very clear. “We will abide by that”. Local government elections up to district level would be completed by August 14. Provincial and national elections would be held on schedule next year, he added. Political activity would continue as before, he assured.

    “I think I must tell you why I decided to take over as the president of Pakistan,” he said, adding that the first consideration was constitutional. As the assemblies, according to the PCO of Oct 14, 1999, were suspended there was a degree of uncertainty whether these assemblies were being restored or not.

    Then the Supreme Court judgment which validated the action of suspending the assemblies made it easier for me to decide about the dissolution of assemblies. “With the dissolution of the assemblies, the office of the President who was elected by these assemblies, became untenable.” He said the second consideration was political consideration. He said his major concern for Pakistan was political stability and harmony. “I have been saying that I would like to place appropriate checks and balances on superstructure of the political environment. I will ensure and guarantee the continuity and sustainability of all the reforms and restructuring that my government is doing. I will ensure that national interest will remain supreme over personal and political interest.”

    President Musharraf said the third consideration was economic consideration where the entire business community and foreign investors were waiting and asking for proof of continuity and sustainability of all the reforms that the government was now undertaking. “I thought I can give this proof and also help improve the economic environment of Pakistan, if I undertake this change. It was basically the constitutional issue, political and economic considerations which led me to this decision and above all this decision has been taken in the supreme national interest,” he said.

  • Orders issued to give legal cover to action By Rafaqat Ali DAWN WIRE SERVICE Week Ending : 23 June 2001 Issue : 07/25 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun2301.html#orde

    ISLAMABAD, June 20: Chief Executive Gen Pervez Musharraf elevated himself as the President of Pakistan for an indefinite period through a Succession Order 2001 here on Wednesday. “The Chief Executive shall hold office as President until his successor enters upon his office,” the CE Order No 3 of 2001, called as Succession Order 2001, said. The Supreme Court in its judgement validating the military takeover, had ruled that general elections should be held before the October 12, 2002.

    The CE Order further states: “Upon the office of the President becoming vacant for any reason whatsoever, the Chief Executive of Pakistan shall be the President of Islamic Republic of Pakistan and shall perform all functions assigned to the President by or under any law.” General Ziaul Haq had fixed a five-year period for himself as the president of Pakistan.

    The Order No 2 of 2001 issued by the Chief Executive stated that the “person” holding the office of the President of the Islamic Republic of Pakistan, immediately before the commencement of the Proclamation of Emergency (Amendment) Order 2001, shall “cease” to hold the office. For dissolving the parliament and provincial assemblies, the CE order stated that the order of suspending the same on October 14, 1999, should now be read as: “The National Assembly, the Provincial Assemblies and Senate shall stand dissolved with immediate effect.”

    Chief Justice of Pakistan will be the acting president of Pakistan in the absence of the president, a departure from the recent pronouncements by the apex court holding that it was violative of the principle of trichotomy of power. “If the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Chief Justice of Pakistan is also absent from Pakistan, the most senior judge of the Supreme Court shall perform the functions of President until the President returns to Pakistan,” Chief Executive Order No 3 of 2001 says.

    The practice of holding the executive office by the judges was abandoned in 1996 after the Supreme Court decision in Judges Case. The first violation of the Judges Case took place when the military government appointed Justice Faqir Khokhar as Federal Law Secretary. Former President Mohammed Rafiq Tarar who “ceased” to hold office on Wednesday remained president for three years, six months and 20 days. He assumed office on Jan 1, 1998. He was the ninth head of the state of the country. He was the candidate of Pakistan Muslim. Chief Executive Gen Pervez Musharraf called on the outgoing President Mohammed Rafiq Tarar at the Aiwan-i-Sadar on Wednesday morning, said an official announcement.

    The CE remained with the outgoing president for nearly an hour during which various issues of national importance came under discussion, it said. Gen Pervez Musharraf said that there were no words to express his gratitude to Rafiq Tarar whom he always held in the highest esteem.

  • SC verdict on military take-over stands; polls in 2002 Rafaqat Ali DAWN WIRE SERVICE Week Ending : 10 February 2001 Issue : 07/06 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/feb1001.html#scve

    ISLAMABAD, Feb 7: The Supreme Court on Wednesday refused to change its earlier order of validating the military take-over on the basis of the doctrine of necessity. Dismissing the review petition filed by the PML through Wasim Sajjad, chairman of the suspended senate, the court held that the period of three years was granted to the military government after considering all the “relevant factors” and “practical realities”.

    The government, which was asked by the apex court on Tuesday to come up with its election plan, “reaffirmed” its assurance of holding elections before Oct 12, 2002. Syed Sharifuddin Pirzada, counsel for the federation, stated: “Under instructions from the competent authority, I reaffirm the assurances which have (already) been given.”

    He also referred to the chief executive’s recent interview in which he was quoted as saying that the Supreme Court order, requiring restoration of elections within three years, would be adhered to. Under the Supreme Court judgment passed on May 12, the military government is required to complete the process of elections within three years, starting from Oct 12, 1999.

    In its 22-page short order on the review petition, the 11-man bench said: “We are firmly committed to the governance of the country by the people’s representatives and we reiterate the definition of the term democracy to the effect that it is government of the people, by the people and for the people, and not by the army rule for an
    indefinite period.”

    The court held that it would not make any comment on the exile of former prime minister as the matter was sub judice. Similarly, it said, the matter relating to accountability under the National Accountability Bureau was also sub judice.

    The court held that the validation and legitimacy accorded to the present government was conditional and inter-linked with the holding of general elections to the National Assembly and provincial assembles and the Senate within the time-frame laid down by the Supreme Court, leading to the restoration of democratic institutions.

    The court further stated that there was no glaring or patent mistake floating on the surface in the judgment under review. “Nothing has been overlooked by the court, nor has it failed to consider any aspect of the attending matters.”

    Due to the situation prevailing on or before October 12, 1999, for which the Constitution provided no solution, the armed forces had to intervene to save the state from further chaos and to maintain peace and order, economic stability, justice, good governance as well as to safeguard the integrity and sovereignty of the country as dictated by the highest considerations of the state, necessity and welfare of the people, the court maintained. The court held that the petitioners could not be permitted to re-argue the case and seek reversal of conclusions earlier reached by the Supreme Court after the full application of mind.

    It observed that no one could disagree with the opinion that Pakistan must have democracy, and any obstacles in respect of achieving that goal must be overcome. The bench held that when the country was faced with grave crisis, the constitutional maintenance demanded that the court should interpret the proclamation of the PCO in such a way as to authorize whatever power and measures were necessary to cope with the emergency. The court recalled that Khalid Anwar, who had argued the original petition of the PML, had rightly said that he would not request the court “to do the impossible.”

  • Read the name of Justice Iftikhar Mohammad Chaudhry below amongst those who are “indirectly” responsible for Drone Attacks (by validating Musharraf and Pakistan Army’s every Illegal act)

    Politicians in power try to be dictators, says CJ Bureau Report DAWN WIRE SERVICE Week Ending : 4 March 2000 Issue : 06/10
    http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html#poli

    ISLAMABAD, March 1: The Chief Justice of Pakistan, Irshad Hasan Khan, on Wednesday observed that when the politicians are in power, they try to become dictators but when they are out of power, they become champions of the rule of law. Presiding over a 12-member bench seized of the seven petitions challenging the military takeover, the chief justice directed the attorney general to provide details of the expenditure on holding elections, including the expenses made by the candidates on their election campaigns.

    The Supreme Court announced that it would decide the issue of maintainability and merits of the case simultaneously. The chief justice said the court had entertained the petitions. The bench started regular hearing of the petitions on Wednesday. The court first took up the petition of Syed Zafar Ali Shah, suspended MNA of PML from Islamabad. The representative petition of PML would be taken next and Khalid Anwer would argue the case on behalf of the party.

    Other petitions before the court are of Syed Imtiaz Hussain Bukhari, challenging the PCO; Fazal Ellahi Siddiqui, challenging the PCO; Shahid Orakzai, seeking restoration of Senate, office of speakers and provincial assemblies; Al-Jehad Trust, seeking restoration of Constitution to the extent of judiciary; and Syed Iqbal Haider of MWM, seeking validation of PCO.

    The bench consisted of Justice Irshad Hasan Khan, Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Abdur Rehman Khan, Justice Sheikh Riaz Ahmad, Justice Chaudhry Mohammad Arif, Justice Munir A. Sheikh, Justice Rashid Aziz Khan, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq and Justice Rana Bhagwandas. The chief justice made it clear at the outset that the counsels should try to be relevant and unnecessary repetition of arguments should be avoided. He said the whole work of the court was suspended due to the present case.

    Chaudhry Farooq, the counsel of Mr Shah, said that on the last hearing the petitioner had apprehended that the judges of the court would be asked to take fresh oath under the PCO and his apprehensions proved to be true.

    He said the PCO (1) of 1999 and subsequent orders were unconstitutional, having no force of law.

    The chief justice asked the parties to avoid mud-slinging, and added that: “we will perform our function without intimidation.” He observed that the bar and the bench were integral part of the chariot of justice. He said his effort was to save the system and referred to the decisions of the Chief Justices Committee. The counsel said: “Pakistan was a gift of our forefathers, but unfortunately the rule of law had been interrupted at regular intervals. In its total life, Pakistan had suffered military rule for 30 long years”.

    He said the government in its reply to the petitions had said that the elections of Feb 3, 1997, were farce. The elections in which PML obtained heavy mandate were monitored by the observers across the globe, he said, and added the armed forces were employed to supervize the elections.

    On the court’s query, Barrister Khalid Anwar stated that 36 per cent of voters used their right of franchise in the 1997 elections. Chaudhry Farooq said if the government of Khawaja Nazimuddin would not have been dismissed, the fate of Pakistan would have been different. He said Pakistan was created with the force of vote and not through any military operation. “Both citizens and soldiers are subject to Constitution alike.”

    Referring to Article 6 of the Constitution, he said abrogating the Constitution was treachery with the country.

    When he stated that the respondents had not replied to the Politicians in power try to be dictators: CJ challenge he raised in the petition, the chief justice observed that the counsel was trying to be hyper technical. The CJ made it clear to the counsel that notice of the case to the chief of the army staff was there. The counsel said he was firm believer that the Kafir (infidel) could not be a friend of Muslim and Hindus being Kafir could not be trusted.

    When the counsel referred to a judgment from the Indian jurisdiction, the court asked him not to cite Indian judgments in the present case. When the counsel started reading an old judgment from Pakistani jurisdiction, the chief justice asked the counsel to first read the speech of the chief executive in which he had spelt out the reasons which forced him to come into power. The counsel was still reading the speech of Gen Musharraf when the court rose to assemble again on Thursday (March 2).

  • Exile put judiciary’s credibility at stake: SCBA president DAWN WIRE SERVICE Week Ending : 06 January 2001 Issue : 07/01 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jan0601.html#exil

    SUKKUR, Jan 5: The president of Supreme Court Bar Association, Abdul Haleem Pirzada, has said that the exile of former prime minister Nawaz Sharif had staked the credibility of the judiciary, and time would come when this case would be reopened. Speaking at a press conference here on Friday, he said that the President had no legal power under Article 45 of the Constitution to send Nawaz Sharif into exile. This even amounted to jailbreak by the present government, he remarked.

    He said that Nawaz Sharif had been a convict in the plane hijacking case, moreover so many cases were pending in the courts. He questioned the validity of this action as in what capacity the government would answer the courts when these cases are heard? He said with this act the judicial system had lost its credibility, and once the people loose their faith in the system no one can stop them from resorting to unconstitutional and unlawful methods to
    achieve their rights.

    He said there was no clause in the Constitution, which could empower the government or the President to exile anybody to a foreign country, nor there was any precedence in Islamic Shariat. He termed the Provisional Constitutional Order an unlawful act of the government, and said that the decisions under the PCO was challengable. He said the judicial system had been under jeopardy, because the judges took a wrong turn by taking oath under the PCO.

  • Read the name of Syed Deedar Hussain Shah in the company of Snow White Iftikhar Muhammad Chaudhry.

    Supreme Court judges’ strength completed DAWN WIRE SERVICE Week Ending : 29 April 2000 Issue : 06/18 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/apr29.html#supre

    ISLAMABAD, April 25: President Mohammad Rafiq Tarar on Tuesday appointed five judges to the Supreme Court of Pakistan. With the appointment of these judges, the strength of the Supreme Court judges, i.e. 17, stands completed.

    The newly-appointed judges include Justice Mian Mohammad Ajmal, Chief Justice, Peshawar High Court; Justice Deedar Hussain Shah, Chief Justice, High Court of Sindh; Justice Javed Iqbal, Chief Justice, High Court of Balochistan; Justice Hamid Ali Mirza, judge, High Court of Sindh and Justice Abdul Hameed Dogar, judge, High
    Court of Sindh.

    These judges have been appointed to the SC from the date they respectively take upon themselves the execution of their offices as such judges. Following are the names of the judges of the Supreme Court according to their seniority:

    1. Justice Irshad Hassan Khan, Chief Justice of Pakistan,

    2. Justice Mohammad Bashir Jehangiri,
    3. Justice Sheikh Ijaz Nisar,
    4. Justice Sheikh Riaz Ahmed,
    5. Justice Ch. Mohammad Arif,
    6. Justice Munir A. Sheikh,
    7. Justice Abdul Rehman Khan
    8. Justice Rashid Aziz Khan,
    9. Justice Nazim Hussain Siddiqi,
    10. Justice Iftikhar Mohammad Chaudhry,
    11. Justice Qazi Mohammad Farooq,
    12. Justice Rana Bhagwan Das,
    13. Justice Mian Mohammad Ajmal,
    14. Justice Deedar Hussain Shah,
    15. Justice Javed Iqbal,
    16. Justice Hamid Ali Mirza,
    17. Justice Abdul Hameed Dogar.-APP

  • Five judges elevated to SC Bureau Report DAWN WIRE SERVICE Week Ending : 5 February 2000 Issue : 06/05 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five

    ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice
    Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore
    High Court.

    Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant.