Adil Najam
In a highly anticipated and awaited verdict, the Pakistan Supreme Court just declared the steps taken by then President Gen. Pervez Musharraf illegal. The details of the decision read out by Chief Justice Iftikhar Chaudhry are still filtering in and the implications of the decision are still not fully clear. I am still grappling with what this will actually mean in implementation and would love to hear from you what you think it will mean?
It is clear from the judgment that this does NOT change the legality of the current government or of the oath taken by President Zardari. But will it effect only the judiciary decisions (judges and how many) or does it have farther reaching impacts. My sense is, it will. But I am not fully clear just yet what these will be, and how. With this decision, it seems the Supreme Court and Chief Justice are back in the news big time and maybe more than just the rhetoric will heat up!
According to details (still coming in) in The News:
The Supreme Court of Pakistan Friday declared the steps taken on November 3, 2007 by former president Pervez Musharraf as unconstitutional. The judgment came after the 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps.
The Supreme Court in its short verdict declared the steps of November 3, 2007 taken by former president Pervez Musharraf as unconstitutional. Article 279 of the Constitution was violated on November 3, 2007, it said.
It termed as illegal and unconstitutional the sacking of Chief Justice Iftikhar Muhammad Chaudhry and the other higher judiciary as well as the appointment of Justice Abdul Hamid Dogar as chief justice.
The oath taken by President Asif Ali Zardari will not be affected by the SC verdict, is said. All the appointments made in the higher judiciary of Justice Abdul Hamid Dogar have been termed illegal. It termed as unconstitutional all the appointments of judges during November 3, 2007 to March 24, 2008. It said the strength of Supreme Court judges will remain 17. It declared unconstitutional all the steps taken by Pervez Musharraf during November 3, 2007 to December 15, 2007 including the increasing of number of superior judges through finance bill.
Chief Justice Iftikhar Muhammad Chaudhry announced the verdict.
The verdict said all the appointments of judges on and after November 3, 2007 under PCO were unconstitutional. The case of PCO judges will be referred to the Supreme Judicial Council, it said. The announcement of today’s verdict sent a wave of jubilation outside the Supreme Court and at all the bar associations. Sweets are being distributed as people and lawyers are chanting slogans in support of the judiciary. The 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry reserved the judgment after completing the hearing of the case and announced it after a delay of over four and a half hour.
sorry…Do Ends justifies Means????
@Yaqub Sarwat
meaning of biased in a dictionary, “prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair”.
you said, “in all judicial matters there is a bias, but the question is what the bias is for : For justice, or for political gain”.
Can anyone on earth explain what LAW, FAIR TRAIL and JUSTICE is??? If the cases are decided on the bases of so called “biased justice” then it’s not justice!
The next day (6th August 2009) on Geo news again the “honest intellectual” Aitizaz Ahsan commented on the incident of lawyers misbehaviour related to media people that he is “suspending” his membership in protest and praising the media he said, “these were the people who were, in support of the lawyers movement, exaggerating the small gatherings bigger and the bigger gatherings biggest”!!!!
Does Aim justifies Ends???
The talk of impeaching Musharraf is not going away.
I did not like him and I think he was bad for Pakistan. But I hope this impeachment thing does not happen because it will only continue the politics of vengance and we will continue with every government nabbing the previous one. Lets move on and let history be the judge of him.
Why are we forgetting that the judges including Mr Choudry also took the oath under PCO (during Musharaf tenure as well).
He is playing along with Nawaz Sharif.
Our lawyers are are the ones who played and destroyed the law and order situation along with public properties as well during the agitation against Musharaf.
Sorry, I am not a fan of anyone, but to me the question is not that these people are serious for the country or no but the question is that are these people serious with themselves as well or no.
Pakistan is so called a Islamic state but I am pretty sure that these judges dose not clearly understand the islamic judicial system.
I do not trust these judges at all and if trust then for what?
check the past and present before you predict the future
@Hilal
No, its does not mean that. Keep your propaganda to yourself.
All it means is that Aitizaz is an honest intellectual pointing out that in all judicial matters there isa bias, but teh question is what the bias is for : For justice, or for political gain. YOUR bias is obviously is for scoring cheap political points!