A 3-judge bench of the Supreme Court of Pakistan has suspended the notification of judges’ appointment hours after its issuance by the government on Saturday.
The special bench held a meeting soon after its formation by the Chief Justice of Pakistan and suspended the President’s decision of judges’ appointment, declaring it a violation of Article-177 of the Constitution. Justice Khwaja Muhammad Sharif and Justice Mian Saqib Nisar will continue to serve as Chief Justice of Lahore High Court (LHC) and senior judge LHC respectively, the bench said.
Chief Justice Iftikhar Muhammad Chaudhry taking suo motto notice of the notification of judges’ appointment Saturday evening formed a 3-judge bench headed by Justice Mian Shakirullah Jan with Justice Raja Fayaz and Justice Jawad S. Khwaja as its members.
Meanwhile, Additional Registrar Supreme Court Qasi Sajid provided the details/ records in connection with judges appointment to the special bench.
Earlier, President Asif Ali Zardari elevated Justice Khwaja Sharif as SC judge and Justice
Saqib Nisar as Acting CJ of LHC through an official notification.
However, Justice Khwaja Sharif and Justice Saqib Nisar refused to accept the decision of the government.
Later, the special bench adjourned its proceeding till February 18.
The 5-member SC bench which had been constituted for taking up the case of delay in judges’ appointment will take the proceeding ahead.
Additional Secretary Law, Attorney Generals of Pakistan and the four advocate generals have been summoned.
zaman khan February 14, 2010 at 10:41 am
Why is that whenever there is a blast in India, we get response asap in Sindh. Can anybody tell me? My simple knowledge tells me its MQM, who works for the Indian interest in Pakistan.
AQ Khan February 15, 2010 at 2:35 am
President Zardari, being the most prominent, preeminent and principal NRO beneficiary as well as the NRO affectee amongst the 8000 plus mortals would have resigned and relinquished the Pakistan’s Presidency and bashfully and blushingly – if not timidly and timorously – returned the plundered Billions of Dollars so desperately needed to the nation, in compliance with the NRO Judgement of the Supreme Court of Pakistan.
Instead he has boldly and brazenly issued the notifications pertaining to the Appointments of the Judges – of his own choice – in the country’s Superior and Supreme courts, yet including such incumbents whose appointments had not been even Requisitioned by the sitting Chief Justice of the Supreme Court.
Certainly the “daring Zardari” merits an appropriate Entry in the GUINNESS BOOK OF WORLD RECORDS !!
Mohammad Nawaz February 15, 2010 at 7:24 am
President Zardari is a very rude and ruthless ruler of Pakistan. There is not doubt in my mind and I have no hesitation to say that he is worst than military dictators. I think that the democracy is not a suitable form of government in Pakistan. Honestly speaking, the politicians are the one who force military to rule the country. In current situation if military does not intervene, the country will be pushed in a ditch which will be dangerous. I don’t understand why a corrupt person who used to be called Mr. 10% is elected as the president of Pakistan. He has more than billion dollars in foreign banks and property in foreign contries and member of the people’s party is defending this corrupt president. It is my feeling that he somehow played a role in the killing of his wife. As a Pakistani I want him to bring the money back to the country which he looted, robbed through corruption and kick backs.
Uzair Baig February 15, 2010 at 7:55 am
President Zardari is a very rude and ruthless ruler of Pakistan. There is no doubt in my mind and I have no hesitation to say that he is worst than military dictators. In my opinion democracy is not a suitable form of government in Pakistan. Honestly speaking, the politicians are the one who invite military to rule the country because of their indifferences, stupidity and corruption. In current situation if military does not intervene, I have a strong feeling that the country will be pushed in a ditch and will suffer economocially, geographically and politically which will be very dangerous. Also I don’t understand that why a corrupt person is elected to the office of the president of Pakistan. He has billions of dollars in cash and property in foreign banks and countries and the members of Pakistan People’s Party are looking for ways and means to to defend a corrupt person whose associates are black mailing Pakistan by saying that they will use Sindh card. I say shame on those who use this type of language for the country which they ruled for years. It is my feeling that he somehow played a role in the killing of his wife. Instead of defending him people should ask him how he made this money. I know for sure he can’t proove it, it is also very surprising that members of People Party believe on CNN, BBC and other foreign media but when those jialays don’t beleive that media when the movie of Mr. 10% is televised. As a Pakistani I request to the nation and the courts of Pakistan to force him to bring the money back which he looted and robbed through corruption and kick backs. Any one who robbed the country (no matter who, politician, general or any official of the government) should bring the money back.
Raza M.Qureshi Canada February 15, 2010 at 5:06 pm
I feel pity and sorry on Zardari. Please don’t mind on his any attitude or on his words. He ia mental sick man who is greedy and running after wealth. His main aim is to get as much as aid, wealth,bribe, commission and kick back as he can, because he will take all this wealth with him in the grave.
Eng Ali Khan Swat February 15, 2010 at 6:39 pm
This is not the fault of democracy that this looter is there in the Presedency. Actually Zardary is the dowry of Musharaf which he left for this poor and helpless nation under the shadow of NRO.
Musharaff is actuaaly the resposible person for making him the top person so that can give him a safe and sound exit. And this sincer successor did his job very honestly on thename of reconcilliation.
Curse on Mushraff and curse on Zardari and on all those having the same mentality.
M Azim February 15, 2010 at 7:38 pm
I personally believe that Pakistani politicians do”nt deserve to have a democratic government to rule the country. What the democratic government have delivered for the best interest of the Pakistan over the last two years.
no clean water, no electricity, no gas, no suger, no justice, and no law and order etc..
After all what they r doing in assembly.
“”Latoo ke bhoot batoon sey nein mantey”" Marshall Law Suites Pakistan”"
King February 20, 2010 at 10:41 am
COMICS OF POLITICS- JUDICIARY-MEDIA
==============================
I am very much shocked and surprised when I read the constitution 1973 here below I have pasted Article 177 and 260 of 1973′s contitution
177 states that Chief Justice shall be appointed by the President and each of the judges shall be appointed by the President after consultation with CJ.
Article 260, defines and describes the meaning of consultation, consultation” shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President.
If, I have dragged out the correct info thru the constitution then the question is that what was going on over the past few months, I beleive that there is a some kind of a conspiracy operative and everybody’s involved in it, the govt who’s surrendered to SC, SC who stood on the wrong posture, and the media who gave false info and notions about the issue, lastly the opposition who took advantage of the hyped situation to further the hype. So regretable that nation is being duped, confused and misdirected.
It should be stand clear to all the like every issue the so called current issue has finally been resolved by bargain and not under the law. So whoever is gonna say or talk about the rule of the law that would be the biggest lie on the face of the earth
177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).
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PART XII (contd)
Miscellaneous
Chapter 5. Interpretation
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260. Definitions.
(1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,
“Act of [272] [Majlis-e-Shoora (Parliament)]” means an Act passed by [272] [Majlis-e-Shoora (Parliament)] or the National Assembly and assented to, or deemed to have been assented to, by the President;
“Act of Provincial Assembly” means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;
“agricultural income” means agricultural income as defined for the purpose of the law relating to income tax;
“Article” means Article of the Constitution;
“borrows” includes the raising of money by the grant of annuities, and “loans” shall be construed accordingly;
“Chairman” means the Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate;
[273]
["Chief Justices", in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;]
“citizen” means a citizen of Pakistan as defined by law;
“clause” means clause of the Article in which it occurs;
[273A]
["consultation" shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President.]
“corporation tax” means any tax or income that is payable by companies and in respect of which the following conditions apply:
(a) the tax is not chargeable in respect of agricultural income;
(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorized to be made from dividends payable by the companies to individuals;
(c) no provision exists for taking the tax so paid into account in computing for the purposes of income tax the total income of individual receiving such dividends, or in computing the income tax payable by, or refundable to, such individuals;
“debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly;
“estate duty” means a duty assessed on, or by reference to, the value of property passing upon death;
“existing laws” has the same meaning as in clause (7) of Article 268;
“Federal laws” means a law made by or under the authority of [272] [Majlis-e-Shoora (Parliament)];
“financial year” means a year commencing on the first day of July;
“goods” includes all materials, commodities and articles;
“Governor” means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;
“guarantee” includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;
“House” means the Senate or the National Assembly;
“Joint sitting” means a joint sitting of the two Houses;
“Judge” in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes
(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and
(b) in relation to the High Court, a person who is an Additional Judge of the Court;
“members of the Armed Forces” does not include persons who are not, for the time being, subject to any law relating of the members of the Armed Forces;
“net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor-General;
“oath” includes affirmation;
“Part” means Part of the Constitution;
“pension” means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund;
“person” includes any body politic or corporals;
“President” means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;
“Property” includes any right, title or interest in property, movable or immovable, and any means and instruments of production;
“Provincial law” means a law made by or under the authority of the Provincial Assembly;
“remuneration” includes salary and pension;
“Schedule” means Schedule to the Constitution;
“security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;
“Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [274] [Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, [275] [Attorney-General, [276] [Advocate-General,] Parliamentary Secretary] or [277] [Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to Chief Minister, Adviser to a Chief Minister] or member of a House or a Provincial Assembly;
“Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;
“taxation” includes the imposition of any tax or duty, whether general, local or special, and “tax” shall be construed accordingly;
“tax on income” includes a tax in the nature of an excess profits tax or a business profits tax
(2) In the Constitution “Act of [278] [Majlis-e-Shoora (Parliament)]” or “Federal law” or “Act of Provincial Assembly” or “Provincial law” shall include an Ordinance promulgated by the President or, as the case may be, a Governor.
[279]
[(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context
(a) "Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and
(b) "non-Muslim" means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves 'Ahmadis' or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes.]
261. Person acting in office not to be regarded as successor to previous occupant or office, etc.
For the purposes of the Constitution, a person who acts an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him.
262. Gregorian calendar to be used.
(1) For the purpose of the Constitution, period of time shall be reckoned according to the Gregorian calendar.
263. Gender and number.
(1) In the Constitution,
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular shall include the plural, and words in the plural shall include the singular.
264. Effect or repeal of laws.
Where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not except as otherwise provided in the constitution,
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything duly done or suffered under the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) affect any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may he imposed, as if the law had not been repealed.
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The Constitution of Pakistan on pakistani.org Go to: Preamble Part I: Introductory Part II: Fundamental Rights and Principles of Policy —-Part II: Chapter 1: Fundamental Rights —-Part II: Chapter 2: Principles of Policy Part III: The Federation of Pakistan —-Part III: Chapter 1: The President —-Part III: Chapter 2: Majlis-e-Shoora (Parliament) —-Part III: Chapter 3: The Federal Government Part IV: The Provinces —-Part IV: Chapter 1: The Governors —-Part IV: Chapter 2: Provincial Assemblies —-Part IV: Chapter 3: The Provincial Governments Part V: Relations between Federation and Provinces —-Part V: Chapter 1: Distribution of Legislative Powers —-Part V: Chapter 2: Administrative Relations between the Federation and Provinces —-Part V: Chapter 3: Special Provisions Part VI: Finance, Property, Contracts and Suits —-Part VI: Chapter 1: Finance —-Part VI: Chapter 2: Borrowing and Audit —-Part VI: Chapter 3: Property, Contracts, Liabilities and Suits Part VII: The Judicature —-Part VII: Chapter 1: The Courts —-Part VII: Chapter 2: The Supreme Court of Pakistan —-Part VII: Chapter 3: The High Courts —-Part VII: Chapter 3A: Federal Shariat Court —-Part VII: Chapter 4: General Provisions Relating to the Judicature Part VIII: Elections —-Part VIII: Chapter 1: Chief Election Commissioner and Elections Commissions —-Part VIII: Chapter 2: Electoral Laws and Conduct of Elections Part IX: Islamic Provisions Part X: Emergency Provisions Part XI: Amendment of Constitution Part XII: Miscellaneous —-Part XII: Chapter 1: Services —-Part XII: Chapter 2: Armed Forces —-Part XII: Chapter 3: Tribal Areas —-Part XII: Chapter 4: General —-Part XII: Chapter 5: Interpretation —-Part XII: Chapter 6: Title, Commencement and Repeal —-Part XII: Chapter 7: Transitional Annex First Schedule: Laws exempted from the operation of Article 8(1) and (2) Second Schedule: Election of President Third Schedule: Oaths of Office Fourth Schedule: Legislative Lists Fifth Schedule: Remuneration and Terms and Conditions of Service of Judges Sixth Schedule: Laws not to be Altered, Repealed or Amended without the Previous Sanction of the President
Usman June 2, 2010 at 5:44 pm
What is my opinion on the current affairs of Pakistan is that the CJ and his companions just want to unstablize the government to get power to amend the constitution 1973 and to get them selves as the most powerful (personal with favoritism) organization in the country, what media is say over and over again is ”government want to over throw judiciary ” But what the things i and we can see is that the CJ and his companions (relatives in court, other judges and the personals who welcome Mr. Musharaf to be the head so that they could get them selves money and power, CJ’s political right hands PML N and murawar hassan and Imran Khan ”not knowing the single thing about what CJ is trying to do”) I will be saying here ” Judiciary want to over throw the government and judiciary want a war with government.
What is Ch. Iftakhar so called CJ (corrupted Jack) is trying to do is to get power of a President is his own hands and Mr. Nawaz Sh is dreaming that CJ will overthrow the government and give him the seat of PM to rule. HAHAHa what a dream … but tell me Mr Nawaz if he will get his dirty hand upon the government and throw it out than will CJ not be looking upon the CHAIR of Power for him self or atleast his other relatives or MOST LOVED (by him) companions????? will he be saying that ”COME COME Mr. NAWAZ or IMRAN or MUNAWAR HASSAN, i have a spare seat for you to rule???
NOW lets talk about MR ZARDARI (cuz in the language of our Media no talk or column is delicious without talking about him or blaming him as a root of all evil) You all people think that is was very poor man before his marriage with B.B. HE is one of a richest man in out Country, not after is marriage but before his marriage his had the same number of Bank Accounts and his money and land and other belongings both in and outside PAKISTAN. After spendig 11 years of jail without done something (other than being a son is law of Z.A.Bhutto) he is now a man with brilliant mind and politics and PPP under his leadership will rise. As you all can see that other parties are again becoming 1 against PPP like they did against Z.A.Bhutto, let me tell you that this is not Bhutto this is Mr. Zardari and who know what is on his mind now as you have seen how he handled nawaz and others
. This CJ has no chance against him as we are with Zaradri as Zardari is with Bhutto and Bhutto with PAKISTAN. THIS TYPE OF JUDICIARY WE DON’T WANT. AND LET ME TELL YOU ALL MONEY SUPPLIERS AND DEMANDERS THAT IS NOT THE AGE OF RESPECTED BHUTTO WE EDUCATED YOUTH WERE NOT THERE IN NUMBER TO HELP HIM, THIS IS THE AGE OF ZARDARI AND WE YOUTH, WE ARE HERE NOW TO HELP AND GIVE OUR LIVES, IF YOU AND SO CALLED CLEAN JUDICIARY TRY TO REPEAT THE HISTORY, (we remember the judicial murder of Z.A. Bhutto not forgotten) , WE WILL THROW YOU OUT OF THIS COUNTRY DON’T FORGET WE HAVE GIVEN YOU SEAT OF C.J. WE CAN GET IT BACK..