CJ warns Nawaz of opening cases if he supported judicial commission
85 viewsBy admin - Sun Mar 28, 8:04 pm
Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhary had warned PML-N Chief Nawaz Sharif of opening all cases against him incase he supported Government proposed judicial commission regarding judges’ appointment.
It is revealed in a report published on the website of Time dot com here on Sunday. It was quoted in the report that a senior leader of PPP on condition of anonymity said that Chief Justice Iftikhar Muhammad Chaudhary has become an absolute dictator and did not want his powers reduced.
The differences between the Chief Justice and the government over the proposed constitutional reforms have widened and the differences worsened at a time when last year Chief Justice had given verdict regarding elimination of amnesty to Pervez Musharraf.
It is also mentioned in the report that there was Chief Justice’s hand in opposition of constitutional package by Mian Nawaz Sharif at the eleventh-hour when the package was scheduled to be tabled in the parliament on Friday.
Some senior political leaders also see hands of Iftikhar Muhammad Chaudhary in pressurizing Mian Nawaz Sharif while several legal experts think that the government wanted such a chief justice and court ,which to be its subordinate and not independent.
The report further says the deadlock on judges’ appointment issue could have far-reaching implications on the political situation of the country.
Director International Crises Group Pakistan, Samina Ahmed said that the differences over the issue could affect various sectors of the government and the problem in Pakistan has been the military’s intervention and the judiciary in the past has supported every military intervention. The supporters of CJ’s stance were of the veiw that he would continue playing his role by keeping himself impartial.
Despite of all criticism, the CJ was also stated as a hero who stood against the establishment and a military dictator. It was stated that he was an active jurist who had many powers.
The Chief Justice’s relationships with the pillars of civilian and military power, President Asif Ali Zardari and Army Chief General Ashfaq Kayani respectively, could be important in shaping Pakistan’s transition from de facto military rule to civilian democracy.
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.
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 Afghan 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.