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Restoration of the Deposed Judges

25 April, 2008

It has been decided between Pakistan People`s Party and Pakistan Muslim League (N) to form a committee to solve constitutional problems which may arise after restoration of the deposed judges.

 

Pakistan Muslime League (N) leader and former Prime Minister of Pakistan Mian Muhammad Nawaz Sharif told the media that judges will be restored within 30 days according to Bhurban agreement. Whereas a senior leader of Pakistan People`s party told the media that actual problem is not restoration of the judges but it is the resignation of the Cheif Justice Iftikhar Muhammad Chaudhry. According to spokesperson of PPP, former CJ Iftikhar Muhammad Chaudhry has now become a controversial figure among the rest.

 

 

 

What are your views on the present stance of Pakistan People`s Party on Judges issue?
What do you say on People`s party concerns regarding former Chief Justice?
Why do think Pakistan Muslim League (N) is so serious about this matter?
In your point of view how this matter could easily be solved?

Reader Comments:

Restoration of Justice?

"In law, what plea so tainted and corrupt
but being seasoned with gracious voice,
obscures the show of evil.(Shakespeare)
Lets look deep into the eyes of both Sharif and Zardari, in the former you see no blur in the spirit, in the latter we see the pupils roaming to and fro.
Here one is more concerned with his
past of ill-gotten! while the other for
the injustice done in usurping power. One uses a melodious voice to void the process of restoring the Judges in
accordance with the Will of the People.
The other harsh in his words and true
to spirit may fall victim to the lurking
Evil.

Khalid Rahim, Canada - 25 April, 2008

C J

If ppp goes against the will of the people of Pakistan then PPP is singning it death warrent.People of Pakistan wamts that CJ ch. Iftakhar is to be restored for it full term.So it is to the head of PPP if he wants to save the party or to save the president.already they have sacrify 2 head one BB and other Amin Faheem for the president.

syed shah, Ukraine - 26 April, 2008

It is a pity thatperson like zardari are at the helm of affairs.He has no values moral orllah save our country from them otherwise and also lack education. May A

syed jalaluddin, Pakistan - 28 April, 2008

Re: restoration of justice!

Pakistan is very rich nation
that can afford to pay the fare of ministers to visit a
NRO reprieved in Dubai. Why?
As if the Emir of Dubai will
decide the fate of the case with the help of camel race.
Frankly somebody besides the
President is making a great
fool of a nation and leading
them down an abyss.

Khalid Rahim, Canada - 28 April, 2008

Spilled milk

Who has ever recollected or recycled spilled milk?
Most of these justices have in past taken oath under the first PCO, where was there diligence then? if they could have done it once they can do it twice and even more times.
It should not take a judge to have a personal agenda to began to render justice, if it was right then it was right another time. Its no more than there mere interest that has diversified from the seat of justice to elsewhere that got them all in such trouble. The CJ after release by the new govt. refused to see the ladies from Madrassa Hafsa/Lal Masjid based upon the self described fact that he will not meet with anyone who has issues on file in the court of law, yet he chose to personally visit Zardari(Mr.Bhutto) and met with him while there are issued open in the court against him. This is cockeyed justice and does not qualify him or his cronies to go back to the noble office of CJ.

M A Talpur, Pakistan - 29 April, 2008

Nawaz has a different agenda & Zardari has a different agenda. I feel Zardari is not intellectually or mentally competent. There will be squabling and nothing will get accomplished.

asahmed, Pakistan - 29 April, 2008

ZARDARI AINT STUPID!!!!!!

Mr. Nawaz Sharif had planned a "Bangladeshi solution for Pakistan." Under the proposes plan, Mr. Chaudhry was supposed to have declared the election of Mr. Musharraf null and void, and then declared the NRO unconstitutional, and Mr. Chaudhry also would have upheld the graduation rule. By eliminating the NRO, and upholding the graduation rule Mr. Zardari would have been ineligible for any office. With Mr. Musharraf and Mr. Zardari out of the way, Mr. Chaudhry would have taken over the country as president. The Prime Minister would be Mr. Sharif.
Mr. Zardari knows about this plan, does not want to restore the judge which would rock the boat, eliminate him from the corridors of power,NAWAZ SHARIF is a businessman and ''luhar''who knows when to hit iron,ZARDARI aint stupid either.


Mwaqar, Pakistan - 30 April, 2008

Tackling the Problems

I find Khalid Rahim's views very endearing. :) Indeed in Pakistan it's not the views of the political parties but of individuals whose personal egos and interests supercede everything else.
Coming to the queries, here are my two cents.
Considering the standing of PPP in the elections, they have been in a way forced to form alliances with other parties. PML(N) might be doing it because this was the only man which maybe rudely awakened by a formerly slumbering conscience decided to fight against the establishment. To Nawaz Sharif, his return to the seat marks a big victory against Pervez Musharraf, the usurper of his power. So for the latter, this becomes an inevitable and persistent demand. It also wins him popular support of the lawyer community and the masses and helps him meet the promises that he made prior to the elections.
I, personally think that all these parties have a lot of challenges before them, owing to the refusal of Pervez Musharraf to step down. They are making headways by taking the oath by the 1973 constitution, and by things like setting free the judges that had formerly been placed under house arrest. However, the right to dissolve the parliament still rests with the President which hangs like a sword over those recently elected. The fair elections were not something that we had expected. For them, to be held, we owe a lot to the international pressure that Pervez Musharraf had been facing. At the moment, he has taken the backstage, avoiding the limelight but USA's support for him in their own interests has not declined. Although restoration of these judges is an entirely internal matter of our country and US or other countries are not having any interest in it but I think the Chief Justice, due to absolute exercise of sumo motto decisions strikes fear into the hearts of all politicians and parties. He is not a safe bet. PPP being in power might fear the decisions that he may revoke and the axe falling on their head by some reaction of Pervez Musharraf. It is indeed a very sensitive matter and byplay, which demands a lot of politicking.
For me, it is more important that judiciary is above all. Who the chief justice is, doesn't matter? Whether he stays or goes. Until or unless the supremacy of law and its respect is made abiding upon all including the ppl we select to power, no democracy and law really exists in Pakistan.


Iola, Pakistan - 30 April, 2008

Understanding the Judiciary!

We all seem to be engulfed in this issue
of restoring the power of independent
Judiciary. But how many are paying the
homage without any returns? Both the
leaders of PPP and PML(N) see their gain or loss from maintaining present status quo or reversing it. Lets put this
aside and look at the bigger picture.
This uprising of March 9/2007 was not
for Ch Ifthakhar, but for the Chair that
he occupied. It was a struggle between
the whims of one man who believes his command is above the Civil law of a nation. Unfortunately the country has suffered since 1958 through this dilemma. If this awakening has come this late to jolt the psyche of a nation, then lets not put it back to sleep and
allow the Constitutional Rights of the Citizens be usurped in the darkness of
night and allow ''Mothers to weep for their missing children''.It is up to the present CJ and his members of Court to seek Moral Courage from within and declare the action taken on Nov3/07 as null and void.It would show their strength of character and Magnanimity.

Khalid Rahim, Canada - 01 May, 2008

Judges Restoration

With the exception of those judges who have never supported illegal military governments or have not been involved in any illegal use of power of their authority, the judges who have been sidelined should stay sidelined. The current pro Military Rule batch of Judges who have taken over from the previous ones ought also be removed and a fresh clean batch be appointed in their place. These appointments must be meritorious and not through the wishes of the royal crooks of Pakistan Messrs. Sharif Zardari & Co. Ltd.

T.Khattak, United Kingdom - 01 May, 2008

Fighting wolves and crow

My replies to the questions are, as follows:

Q- What do you say on People`s party concerns regarding former Chief Justice?

A- Can we expect Iftikhar Chaudhry to have no sentiments, no eyes and be deaf and dumb? Judiciary by definition is required to have no room for sentiments, should be blind to anything against principles of humanity, should have no ears for listening anything out of context or speak its mind on any issue having remotest possibility of being referred to as precedence or quoted to prejudice its normal course of proceedings. Answers to these, are obvious.

Another burning issue in need of attention for correction is, the mental competence of our legislators. Can we expect illiterate legislators to make laws capable of solving our highly intricate legal riddles by decoding legal jargon's devised and propagated by the evil genius minds for negative reasons? Can we expect empty seats in our assemblies of elected representatives to decide the course of our destiny ? Is it not a design of those, who do not want capable and intelligent minds deliberate and legislate issues for welfare of the nation, always holding the forts? Is it not the greatest conspiracy against a common man, to manipulate return of nodding dumb heads in the legislative assemblies to make laws and regulations for enrichment of a few selfish at the expense of milling millions?

Finally, is it appropriate to talk about restoration of judges removed by a dictator under illegal order and ignore all those silent victims of similar actions who were removed from their genuine legal positions by illegal draconian actions of all previous dictators who eliminated and pushed them into oblivion? Definitely, a genuinely humane legislative assembly and judiciary are needed which should have no consideration other than pure merit to make, decide and execute laws, without fear or favour.

Presently, those who are fighting to resist reinstatement of genuine judiciary and installation of a rubber-stamp legislators, obviously have their selfish agenda. Otherwise, who on earth would resist knowledgeable and dynamic lawmakers and maintain stagnation against development?

Q- Why do you think Pakistan Muslim League (N) is so serious about this matter?

A- Muslim League (N) has returned to coalition power, definitely under some hidden deal with real masters-minds, about which PPP leadership has some inkling, but no details. Likewise, PPP has been catapulted into power under much deeper covert plan of which Benazir blast was a purpose made Ground-Zero and its leadership is aware of the existence of such plan but would never ever think about talking on it. Master-minds who planned the whole situation, have cleverly killed two birds with a stone and result is obvious. When two wolves have a bone of contention to fight, crow is mostly the winner. In our scenario, it is the scare crow.
Q- In your point of view, how this matter could easily be solved?

A- Once Zia-ul-Haq was in a similar dilemma. He got out of it in an amazing manner. He simply issued a Presidential order of a single sentence stating, "I hereby cancel my last Ordinance" and the matter was solved. Musharraf has all powers and will to issue similar orders for which he must be advised by the siting PM. But, the fighting wolves will not ask favours from the waiting crow.

M.Saeed, Pakistan - 01 May, 2008

I believe that PPP should work in partnership with MQM and give MQM a chance to prove themseves. MQM have done a great job for many years and this can be proved by a vote from the general public of Karachi, they should be the ones to decide who holds power in thier city. There are also alot of people against MQM who will try to cause problems in the city and blame it on MQM But we need to be smart and recognise these culprits and work against them because our main aim is to promote peace and prosperity that is what Islam Teachs us and we as muslims should obey this command CInshallah)

S. Farooqui, Pakistan - 01 May, 2008

What exactly are we trying to restore??

I was seriously enthusisatic about the "restoration of judiciary idea: up to a point. Little did I, or many millions of unsuspecting Pakistanis like me know that this issue was to become part of the dirty game that is Pakistani politics. It is clear as daylight now. Sharif wants his man back and Zardari does not. Both have their own personal reasons. Whatever those reasons may be, they have little or nothing to do with the restoration of an independent judiciary. What is even more soul destroying is the fact that the (deposed??) CJ is being briefed almost on a daily basis by members of the PML (N). Needless to suggest that his position is now totally compromised. By so closely allying himself to a political party, he has become way too embroiled in politics to even pretend to be a CJ who would take a neutral stance on politically sensitive issues. To restore him back to his position would now be the biggest travesty of justice and would make a complete mockery of the very notion of an independent judiciary. And whilst this charade goes on, the whole constitutional process remains in gridlock. People are crying for the basic necessities of life, power shortages continue unabated and get worse, the Taliban continue to run their fiefdoms in the Frontier region and continue to challenge the supremacy of the state, Balochistan remains on a knife edge and countless other issues remain unresolved.

Restore honesty and integrity to Pakistani politics, far more important then trying to restore a compromised individual.

Anwar Rizvi, United Arab Emirates - 02 May, 2008

Re: Restoration or Bust.

The Dubai moot shows that PPP is bent
on an evanescing act on the issue of the
Restoration. Coming up with the issue
of constitutional package only pushes
the main issue of November 03/2007
PCO under the carpet. In Pakistan the politicians have not learned anything from the past. Perhaps Nawaz Sharif should reflect back to 1953-54 the time when these crises began and led
to the present situation.If he believes in the upkeep of Principles on which his party contested the elections. Then
he should part company with PPP and
prevent his character being marred by
his support in the Public. The judges must be restored with full powers till
their superannuation by the Murree accord.

Khalid Rahim, Canada - 02 May, 2008

No need for Nawaz Sherriff to go to Dubai

The biggest loser of these recent elections more bigger than the God-forsaken Mushraff is Zardari and his PPP. It will be a case of " Char din ki Chandni - phir Andheri raat for Zardari."Had Benazeer not committed suicide , PPP would not have won even the thin majority it got to just scrap through.

The biggest winner of these elections is undoubtly Nawaz Sherriff and his party. But for Benazeers suicide and the consequent sympathy vote, Nawaz Sherriff would have won hands-down with a clear majority. He should wait patiently and not belittle himself approaching the like the likes of Asif Zardari.

But under no circumstances should he ever give-up the struggle to restore the brave and bold patriotic Pakistanis like the likes of 100% true hero, the courageous Iftekhar Chaudary and the courageous Lawyers community. Both Nawaz Sherriff and Zardari would not have been where they are today if not for the campaign launched by the brave Iftekhar Chaudary and his lawyers community. The ever ungrateful Zardari will never acknowledge this truth and will soon end-up in the dustbin of Pakistans history.

Sadat Khan, Pakistan - 02 May, 2008

Heedlessness of Nawaz

I can't beleive Nawaz is using politics for the restoration of judges,although I am in favor of that too but I cant beleive Nwaz so forgetful,Mian Nawaz Sharif has an autocratic streak in his character that is maintained by his vengeful mentality. When Chief Justice Sajjad Ali Shah ordered the release of some civil servants who were arrested by order of the Prime Minister, Mian Nawaz Sharif, they automatically assumed that the Chief Justice was his rival. This became the starting point of a long tussle that culminated in an attack on the Supreme Court on November 28, 1997. Mian Nawaz Sharif took it upon himself to punish Justice Sajjad Ali Shah for his just and principled stand. This led to the establishment of special Courts, which were established in contravention of the Chief Justices judicious advice. These special courts, which were established to benefit the PM's allies and supporters, eventually proved to be a humiliating blot on the face of justice in Pakistan. Later on when the Chief Justice wanted to fill the five vacant positions of judges to be able to carry out the business of dispensing justice in a speedy manner, the Prime Minister not only refused to grant the request but went ahead and abolished those vacancies altogether. He had to restore the positions under pressure but refused to fill them up.


Mwaqar, United Kingdom - 03 May, 2008

Dear Sir/Madam,
A real struggle for democracy or mockery?

The current lawyers struggle is highly encouraging and potential for better change but until they change the prevailing socio –political setup their dream will not come true, but their leadership still looking at the people responsible for this mess, it is hard to understand why they want to protract unfair system victimizing the people under one pretext or another, Now it is time to change their direction towards change of system and should be dare to raise their voices for the inevitable socio-political change in the country, only democracy can't work and need to review the direction of struggle, however, democracy as a system of governance and interest representation demands respect for dissent and opposition. It recognizes the principle of majority rule and guarantees protection of minorities. Democracy also builds faith in electoral contestation to gain public office and gives legitimacy to political parties as primary instruments for acquisition and transfer of power from one set of individuals to another.
Unfortunately, despite the significance of the above elements only the power full elite are fitted in power and Pakistani are always left at the mercy of circumstances. As this policy is denial of right of Pakistani people to rule their country according to their aspiration and desire to built this country, which can provide equal opportunity to all without any discrimination for the establishment of welfare society.
Only the society based on tolerance, equality and justice can be the real guarantee for the prosperous and strong Pakistan there for your intention is invited to the crucial movement which could be the point of distraction or disaster. Change of socio-political system is inevitable to empower the Pakistani at grass route level for rapid development.
See www.idp.org.pk


Ilyas khan Baloch




Ilyas khan Baloch, Pakistan - 06 May, 2008

Bad decision, politically popular practically failure. Chaudary Iftikhar is man full of hatred and personal ambitions, will keep going against Musharaf.

QB, Pakistan - 09 May, 2008

NRO or Restoration.

Come May 12th and more lame excuses
by the law Minister. Better for the PPP to
establish the NA in Dubai, where its safer
for Zardari to control, and keep away
from the madding lawyer's crowd. All
I wonder how the Sharif brothers are going to face their electorate?

Khalid Rahim, Canada - 10 May, 2008

The judges' restoration is symbol ofconflicting interest of the USA and people of Pakistan. I am a Muslim and loves Islam.I request to not declare our country Islamic Republic unless we restore justice here because in Islam evry ruler has to obey the order of court.We are causing damage to reputation of Islam.

Ahsan, Pakistan - 11 May, 2008

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