Original Articles

A critical perspective on Pakistan’s Supreme Court, PPP and PML-N – by Honest People

Supreme Court

Supreme Court under Iftikhar Chaudhry is utterly dishonest, highly incompetent, intellectually corrupt, politically motivated and totally biased. Reasons for this are detailed below:-

1.       In the judgment of 31st July 2009, 14 PCO judges including Chief Justice Iftikhar ousted 104 constitutionally appointed judges and dubbed them as PCO judges inspite of the fact that these 104 judges had never taken oath under any PCO. In fact Iftikhar Chaudhry and his handpicked bench became judges in their own cause and validated their own appointments. This is sheer dishonesty.

2.       NRO judgment is in clear violation of article 248. By referring to Swiss Cases President of Pakistan has been targeted despite constitutional immunity. Prosecutor General and Chairman NAB have been ordered to be removed from their offices. There is no law empowering the Supreme Court to order the removal of these persons.

3.       NRO judgment is not capable of implementation in totality despite Supreme Courts over exuberance. Supreme Court is just trying to cover up its blunders by forcing Chairman NAB to implement the said judgment lest Supreme Court gets exposed.

Pakistan People’s Party and PML[N]

PPP government and its legal team lack co-ordination and depth. Their comprehension is slow and response to the illegalities of Supreme Court is either lacking or apologetic. The Attorney General is not performing his constitutional role of telling the Supreme Court that Judiciary is exceeding its constitutional limits. The Attorney General is either silent in this matter for fear of contempt or is unaware of his constitutional obligations as Attorney General.  The hitherto performance of Attorney General shows lack of competence and commitment. Senator Faisal Raza Abidi is a fairly competent person but he is alone. He needs a team of accomplished legal experts to support and supplement him. It appears that PPP’s legal advisers are hindering the formation of a larger team of legal experts in order to keep their monopoly.

This monopoly is seriously undermining the writ of the government especially when it is facing strong opposition from PML [N] who have very close links with Supreme Court Judges.  Some of these connections are detailed below:-

A.      Nawaz Sharif has links with Iftikhar Chaudhry through Rana Sanaullah and some other lawyers who are closely connected to Supreme Court Judges.

B.      Khalil Ramdey’s son who is a lawyer works for Nawaz Sharif. His nephew is also working for Nawaz and despite his inexperience he was made the Advocate General of Punjab but could continue because of his inability to perform the functions of that office.

C.      The daughters and a son-in-law of two recently appointed Supreme Court Judges are working in a law firm of one of the senior legal advisers of Nawaz Sharif. This legal adviser who is also a former Advocate General of Punjab is a close confidant of these judges.

D.       The aforesaid former Advocate General  and Advocate Hamid Khan have close connections with Justice Jawad Khwaja. This judge at one time was working in the same law firm.

Conclusion

Peoples Party is growing weak because of its indecisiveness and inaction. PPP must tell the supreme court of its constitutional limits or quit. If Dr. Sher Afgan can take on the entire Supreme Court single handedly why can’t the government in power force the Supreme Court to remain within its bounds. Supreme Court’s own validity is questionable and that is why judges are behaving erratically.

These facts are absolutely correct and can be verified by anyone.

About the author

SK

27 Comments

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  • excellent analysis! the question is what can the federal government do if the Supreme Court is violating the constitution, apart from impeaching the judges which is obviously not possible due to resistance from other parties.

    The chief justice has received a clear explanation from swiss prosecutor general of why swiss courts can’t prosecute zardari and yet he is continuing with his pursuit of swiss cases. This is completely illogical and the only reason can be to keep the pressure on the government.

  • Yes, this is an excellent article. Author has rightly concluded that Supreme Court should be informed of its limits or the PPP may quit. Can anyone give the email address of the author.

  • I do not agree with the conclusion. Between a judge and a politician, a judge will get benefit of the doubt.

    PPP is playing pacifist and by doing so it is striking a chord with the largely neutral vote bank as well as those that do not vote. CJ’s popularity is already down and lwayers with him are questioning him just due to PPP pacifist policies.

  • nice. So this is suppose to show that judiciary is biased and corrupt and Mr. Zardari and people party is not. Is this the truth? You have also implied that people party’s legal team is incompetent to defend the party. So what do you want to do? Legalise corruption? Or just give people’s party the right to do it? Nawaz sharif is as corrupt as zardari but at least he does not chant the slogans of victimization. May God help you. Aap ka zameer kahan hai? You want to defend a political party even if it is corrupt to the core. What happened to the notion of honesty? it is corrupt, it is incompetant ….so what is positive about ppp? being liberal?

  • Gox :
    nice. So this is suppose to show that judiciary is biased and corrupt and Mr. Zardari and people party is not. Is this the truth? You have also implied that people party’s legal team is incompetent to defend the party. So what do you want to do? Legalise corruption? Or just give people’s party the right to do it? Nawaz sharif is as corrupt as zardari but at least he does not chant the slogans of victimization. May God help you. Aap ka zameer kahan hai? You want to defend a political party even if it is corrupt to the core. What happened to the notion of honesty? it is corrupt, it is incompetant ….so what is positive about ppp? being liberal?

    Mr Goax the author who is critical ppp supporter acknowledges weakness of PPP law team , do supporters of Hamid Khan LHC and Supereme court acknowledges will once acknowledge the partiality of supreme court . Have a good day !

  • @humza ikram
    The only thing wrong with the so called people’s party is there are no people in it, only just corrupt feduals and industrialist ( makhdooms outdo the rest ..even the title is ironic). I am not supporting supreme court here and i do not want to go for the argument of lesser evil. Supreme court has become about the whims and wishes of a core group of judges led by one, it is not entirely unbiased. That does not mean all their decisions are incorrect especially about zardari and his cronies. It should be about institutions not individuals. People party is trying to save individuals and lawyers are promoting individuals. That is where things have gone wrong. 40 + years and what have these main political parties evolved into? how much more time you want to give them or do we really have more time on our hands? i am just saying if you talk about being honest and unbiased, better start from yourself. Your support for PPP is biased and you know for yourself how much corrupt and incompetant this party has become. Just explain to me the reasons for continuing your support for this party. I want to know it . I want to know if my perspective is wrongs and corruption and incompetence means nothing.

  • @ Gox:

    My support against PPP may be biased but so is the attitude of Supreme Court. For one thing may the enlightened Judges please explain on what grounds is Zardaris case being pursued but the rest of the 7000 cases are not? If we go alphabetically, Altaf comes before Asif, if we go buy order of commitment of alleged crimes ISI case comes before Swiss ones but the Supreme Court thinks they should start at the top, this is obviously disregarded when Justice Khwaja Sharif makes it a point to hear cases relating to PPP ministers but the hearings of cases regarding the Khadim e Aala Punjab are no where to be seen.

    As for 40 plus years crap, the political parties are resolving issues that pertain to the very foundation of this country. Today it will be ten times harder for a Baloch nationalist to convince a Baloch because the politicial parties gave them their rights back.

    If you do not want the lessor evil argument then present an alternative.

  • @Gox
    What U are trying to prove here Man!! Atleast show some objectivity while commenting….
    Keep Ur Jamatia wording of “zameer kahan hai?” with yourself. And if U have some moral courage them come up with Ur name, dont hide your apologistic and abusive stand behind some absurd name titles and clearly indicate where U stand…If U do not have any political inclinations towards any political party and U are neutral, then being a neutral U have no right to charge others…. Better enjoy Ur cup of Coffee at Ur drawing room and mumble with the walls around U…its a political forum and politically ignorant people do not worth discuss issues here or chant slogans extracted from popular TV shows. What is meant by Corruption and who is the most corrupt in this land of the pure, we the political workers with political grounds better know….
    PPP is voted by more than ten million peoples from all parts of the Country, And for people like U…am pretty sure wont even have entry in the voters list….

  • Gox :
    @humza ikram
    The only thing wrong with the so called people’s party is there are no people in it, only just corrupt feduals and industrialist ( makhdooms outdo the rest ..even the title is ironic). I am not supporting supreme court here and i do not want to go for the argument of lesser evil. Supreme court has become about the whims and wishes of a core group of judges led by one, it is not entirely unbiased. That does not mean all their decisions are incorrect especially about zardari and his cronies. It should be about institutions not individuals. People party is trying to save individuals and lawyers are promoting individuals. That is where things have gone wrong. 40 + years and what have these main political parties evolved into? how much more time you want to give them or do we really have more time on our hands? i am just saying if you talk about being honest and unbiased, better start from yourself. Your support for PPP is biased and you know for yourself how much corrupt and incompetant this party has become. Just explain to me the reasons for continuing your support for this party. I want to know it . I want to know if my perspective is wrongs and corruption and incompetence means nothing.

    you want to know why i support this party ? maybe you haven’t seen the celebration in gilgit last novemeber, today in peshawar & Quetta . try to find the reason yourself.

  • @Aliarqam
    I know what kind of a political worker are you. The biggest daku of the country is heading the party you support. And what good have you done anyways other than fretting over hudood laws and role of religion in life. You call me jamatia …..what are you jiyala? what is the critieria for being a jiyala? being corrupt to the core i guess. it is not about tv programs or their slogans or coffee discussions ……. if we are amateur polticial anaylsts then what are you ? Due to people like the country is going through this disaster. So do not tell me what kind of qurbianian you have done for the country. you loot and you plunder and ven u r out of power you play the victim card. Shame on your political maturity and on you dishonesty and hyprocrisy. Tell me one good thing you people have done to this country and then speak out like crazy. Roti kapra and makan ….my foot ….. kiss ko milli roti …kiss ko mila makan …aur kiss ko milla kapra.. …ajeeb wahita narra hai …..har ghar se bhutto niklya ga …..first you people decide about you paternity ….. the party whose members’ favourite pass time is to gossip about who is sleeping with you ….you better do that and do not destroy the country for you petty ambitions. …..trying to thump you intellectual superiority or braggin about the kind of political ground work you have done…i very well know you people are best suited for licking the boots of the people who are in power. …better do that and dont claim to be messiahs for the country …buzz off

  • Animal slogan of “Roti, kapra and Makan” ….
    *For political maturity and ground work ….zardari will be replaced by bilawal zardari as PPP’s chairman ……talk about democracy and you get dynasties …
    *For selective prosecution ….You loot and you plunder … But if you are audited for it …then you call victimization and persecution and selective prosecution…. what do you want? not to be asked even a question about wrong doing ..
    *If you are asked for honesty and integrity in your political beliefs … then whoever asks the question become a jamatia or establishment or perhaps fundamentalist ..
    *Merit is not the criteria for getting a job with the PPP government but only loyalty with PPP counts ….talk about nepotism and discrimination ..
    *Anything related to religion is marked as Taboo ….Talk about the free speech advocated by PPP ….
    * A farce in the name of Baluchistan package……….you call it giving rights ..
    * Poor and inept governance ….if you speak against it then you are from establishment ….very funny …
    * Spending time in jail is some of criteria of being Great ..non sense
    * Loud shedding ……And how does the government respond ….scandalous RPPs
    * When PPP jiyalas are reminded of the corruption of their leaders …they just say others are also corrupt ….so does that justify corruption? I do not understand the logic and if it makes me armchair critic and jamatia then be it …i do not care

    *

  • @saad
    They are following selective prosecution. But tell me one thing. Why does PPP engage in corruption? Why give a chance to be prosecuted? Crying over spilt milk does not make for a good show. Tell me how can one justify corruption and bad governance. It is not only about PPP. PML N is also doing the same thing. Somehow the state of affairs in this country have reached a point where dishonesty and corruption is considered as some kind of a master maneuver. It is somehow considered to be the acceptable norm of politics. People like zardari who everyone knows are corrupt are given stature and medals. What kind of example are we setting for the next generation? I have no issue with political views of one party or another. They are in any case secondary. My issue is with the governance.
    If PPP wants to do any good , it should introduce land reforms so that we can see an end to baradri politics in this country. But how can it do that if it is run by feduals and industralists and not by ordinary people. Being liberal or conservative is of no consequence but corruption and bad governance cannot be tolerated just in the hope of future political maturity.

  • @humza ikram
    @ ALiarqam:PPP attack dogs always start barking despite of knowing the truth.PPP might got votes from 10 million,but what good did they do for the nation(specifically this government).Man,dun cry for wat chief justice is after for.Go for transparency international corruption ratings for Pakistan.Where are u finding the truth?which ppl are u backing?ur leaders say that v r progressing,but a common man is still in state of bewilderment..how?Its not about any party or group,whose point of view u follow,but it should b all about being pure,atleast from inside.

  • History shows that Judiciary never gave ‘insaf’ to any one. Even tho most quoted incident of Hazrat Ali shows incompetency of the Qazi in delivering justice. Note that qazi had decided against the Caliph. It was no credit to Qazi rather goes to the credit of the Caliph who proved equality of Islam.
    Now see the very judges of the apex court. First they uselessly gave verdict against a law posthumously. The petitions are usually dismissed after the hurdle against which these are submitted are removed. The rabid judge who most of the time sits before TV and is impressed overwhelmingly with the flurry of self generated reports by TV anchors talked about swiss cases. It is like running after a mirage. U have been unable to even establish the account holder of the subject account in nearly ten years. The judge should first of all decide whether Shahbaz Sharif is a member of Punjab assembly as challenged by Shahid orakzai. Ch. Iftikhar is sitting on a decided case of distribution of money by ISI. He should announce the verdict.

  • This article by Honest People is based on true facts. The author has spared none. He has rightly pointed out that Iftikhar Chaudhry and his Supreme Court is utterly dishonest. It is highly dishonest for any Supreme Court to be biased or dabbling in politics. The facts narrated in this article clearly suggest that Supreme Court is colluding with PML[N]. Undoubtedly, the PPP is being singly targeted by the Supreme Court but the PPP is equally responsible for the mess that has now been created. One fails to understand that how a corrupt and incompetent Chief Justice can wield so much authority. After all what steps has the PPP taken so far to control this unruly horse of judicial tyranny. Why has the PPP backed out from charter of democracy. Can any PPP supporter explain this.

  • CJ Iftikhar and Justice Ramday stunned long-time observers of the court by breathing fire on second-tier bureaucrats and government officials on Tuesday. When I made my way to the court on Wednesday, all anyone wanted to talk about was the dramatic scenes in the court a day earlier. A veteran lawyer who ardently campaigned for CJ Iftikhar’s reinstatement and, shall we say, isn’t a fan of Zardari was apoplectic.

    Courtrooms, you see, are meant to be a picture of serenity and calm. But for a brief while on Tuesday, the soaring ceiling of Courtroom No 1 may well have been a big top as judges threatened with imprisonment the sacrificial lambs that appeared before them. The reason was ostensibly the across-the-board non-implementation of the NRO judgment, but the judges did betray a peculiar interest in the progress on the Swiss cases and NRO beneficiaries in the Zardari circle.

    Like most people, I would be happy to see the rascals and the scoundrels who dot our political landscape and public officialdom get it in the neck. But there’s a time and place for everything and a way of doing things. And what transpired on Tuesday was definitely not the ideal way of getting the NRO judgment implemented.

    The good and the bad
    By Cyril Almeida
    02 Apr, 2010
    http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/columnists/cyril-almeida-the-good-and-the-bad-240

  • Kindly read the above article of Honest People carefully. The author has pointed out that Attorney General lacks competence and commitment. Today the Attorney General has resigned. PPP must appoint an attorney general who possesses courage and skill. A competent attorney general can effectively check transgression of Chief Justice Iftikhar and his team of judges in the Supreme Court.

  • PPP was constituted to serve the Poor People of Pakistan but unfortunately, the current regime of PPP is utterly dishonest, highly incompetent, intellectually corrupt, politically inactive and totally biased. the corrupt leadership of PPP has looted Poor Pakistan with both hands. PPP is a party not a legacy, so i may be transferred to the immoral and corrupt husband and son. it is the supreme court who has saved Pakistan in right time by abrogating NRO. if the leadership is not involved in corruption why it is not facing courts. Means ” Dal man Kuch Kala ni Balky PPP ki sari Dal hi Kali Hy.” the SC has opened the eyes of People of Pakistan now. now the Bullies , Cheaters, Looter cant loot us more.

  • Mr. Cupid,
    You have just given a bald statement. In any case the shortcomings of PPP, PML[N] or our political elite cannot give a license to Chief Justice or his judges to render biased or unconstitutional decisions. The present Supreme Court is totally politicized and let these judges form a political party and contest the next elections.

  • To: Honest People (infect Dishonest people, without any excuse)
    Benazir Bhutto and her husband husband earned money through commission and kickbacks , that is obvious. they only tried to safeguard their 3 children’s future and made blind the future of 16 karor People. Bangladash made deals with the same IPPs on 2 rupees/ unit while the great Leader of PPP and her husband made the agreement with the same IPPs on 9.5 rupee/ unit in the same year. what a great deal of the intelligentsia of PPP? the cunning lady did deal with Nawaz Sharif in London on one side while was busy in Dubai with Musharaf which ripen the fruit in shape of NRO (Looting money making legitimate Ordinance). she wanted power by hook and crook even for that she licked the boots of USA to make negotiation possible with the watchdog, Musharaf. calling her a martyr is an insult of martyrs. she was a lusty woman, lusty for power by any means. your hallow support to such rascals make ur character shallow , translucent. if zardari is a great ” Haji Sahab”, why is he hiding himself from the rule of law and creating obsticals in a judicial process? He should come out and should face the proceedings. with out any excuse, the people now should behave like prudent after such great incidents and should be loyal to Pakistan as they claim not to give a blind support to their corrupt leadership, corrupt to the core.

  • Mr. Cupid please don’t level allegations. In this system of ours no politician or a judge can claim to be an angel. All have skeletons in their cupboards but committing fraud in Supreme Court is like killing people in hospital. The Supreme Court has been exposed.

    Aitzaz has given his view about article 248 by saying that President is immune from iniation of criminal proceedings.

    Kurd has called these judges as Pharoahs.

    Justice Tariq has criticised Iftikhar Chaudhry and Khalil Ramdey for misbehaving in court.

    Asma Jahangir has said in clear terms that all 17 judges of the Supreme Court are biased like twin sisters.

    The backlog of pending cases has gone up. Please don’t defend this supreme court. They have lost all credibility and the myth of so-called long march staged by Nawaz League is broken.

    Unfortunately Pakistan today is without a Supreme Court since the whole edifice of superior judiciary rests on illegal and fraudulent foundations.

    If Iftikhar Chaudhry has any valid authority left why is he not issuing contempt notice to Dr. Sher Afghan who has repeatedly challenged the legality of the entire Supreme Court. Why has Iftikhar Chaudhry backed out of contempt cases against PCO judges of 3rd November and why has Nawaz Sharif backed out from Charter of Democracy?

    Mr. Cupid please respond to these questions if you have any conscience left in you otherwise you are just an habitual and compulsive evader of truth

  • Mr. Cupid please don’t level allegations. In this system of ours no politician or a judge can claim to be an angel. All have skeletons in their cupboards but for judiciary to have double standards is unpardonable. Iftikhar Chaudhry and his team of judges cannot be allowed to bulldoze justice and fairplay for long. Their true face has been unmasked. They will soon be thrown out of their offices in ignominy and disgrace.

  • PPP to resist Benazir Bhutto’s trial
    By M.B. Kalhoro
    Sunday, 04 Apr, 2010

    The PPP information secretary Ms Fauzia Wahab said according to international law and Pakistan’s Constitution, no legal proceedings could be initiated against a head of state. She said no case could be reopened against President Zardari, adding there was not a single such example in the world. –

    NAUDERO: The central executive committee of the Pakistan People’s Party, which met in the camp office of President House here on Saturday night, reposed confidence in the leadership of President Asif Ali Zardari and resolved that the party would resist the trial of its late leader, Benazir Bhutto and Begum Nusrat Bhutto.

    Briefing journalists, PPP information secretary Fauzia Wahab and the Sindh chief minister’s adviser on information, Jamil Soomro, said that there was stiff resentment among CEC members over the issue of Swiss cases.

    Ms Wahab said the PPP leaders and workers would not at any cost permit the trial of their leaders.

    She said the Swiss cases technically could not be reopened as they had been decided on merit and the Swiss attorney had stated that there was no possibility of reopening such cases.

    She said the CEC also praised the leadership of PPP co-chairman President Asif Ali Zardari for steering the country out of an economic crisis and resolving the matter of NFC award.

    The meeting congratulated the president for evolving a consensus on the 18th amendment and termed him the symbol of federation.

    http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/19-ppp-to-resist-benazirs-trial-440-hh-01