Archive for the ‘Judiciary’

Lawyers to resume movement on May22: Rawalpindi Bar05.15.08

Lawyers to resume movement on May22: Rawalpindi BarThe lawyers’ movement for restoration of the deposed judges would resume on May 22, from the Supreme Court, President Rawalpindi High Court Bar here said. Talking to media after a meeting of the Rawalpindi Bar, Sardar Asmatullah said the clerics, traders and the civil society would also join ranks with the lawyers in the movement. He said the deposed judges were already restored with withdrawal of the emergency rule, now it is only the matter of their functionality. He said the voters by rejecting the pro-Musharraf candidates in general elections given mandate to the political parties for restoration of the judges but the newly elected government has yet been failed to reinstate them.

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Parliamentary resolution planned over judges: Zardari05.15.08

Parliamentary resolution planned over judges: ZardariPakistan People’s Party co-chairman Asif Ali Zardari has said his government does not need support from former premier Nawaz Sharif but he wants to keep him in the coalition under the policy of national reconciliation.
“We have majority (in the assembly) even without him but I am not ready to leave Mian Sahib (Sharif),” he told a news conference after a meeting of his party’s main decision making bodies. The veiled ‘cool down’ message to Nawaz came as he hardened stance on judges’ reinstatement and rumours suggested a hidden hand was now active to form new alliances.
The PPP top leader deflected a question whether he foresaw the complete breakdown of coalition with Sharif and would he be willing to ally himself with pro-Musharraf Pakistan Muslim League-Quaid (PML-Q). “I will always follow the policy of reconciliation,” he answered without dropping any hint on plans to change partners. Media reports suggested efforts were underway to change heads at PML-Q to make it acceptable for Zardari.
Zardari chaired a crucial meeting of PPP’s central executive committee (CEC) and the federal council (FC) to discuss how the party should react to Sharif’s decision of quitting the federal cabinet. Ministers from Pakistan Muslim League-Nawaz on Tuesday resigned after both disagreed on how their coalition government should reinstate judges President Pervez Musharraf removed late last year.
Though Nawaz insisted his party would still be supporting the PPP government, the decision is being generally perceived as breakup of a fragile collaboration between two archrivals of the past.
“I am not looking at minus Mian Sahib position. I am looking at plus Mian Sahib position,” he told media persons. Zardari said his party would not withdraw support to PML-N government in Punjab. He expressed confidence he would be able to persuade Sharif for rejoining the cabinet.
The slots PML-N ministers vacated were not filled by the PPP and there were indications from both sides that things would return to original positions. Zardari said he was still committed to Bhurban Declaration with Nawaz to reinstate judges but there was difference on how to do that.
The PPP co-chairperson said he was against all steps President Pervez Musharraf took with the proclamation of emergency late last year but did not want to commit another mistake to correct one. He defended his frequent meetings with the United States top diplomats including ambassador to Islamabad, saying their support helped Pakistan get rid of dictatorship.
APP ADDS: Zardari said that a resolution is being prepared and will be presented in joint session of the parliament for the reinstatement of deposed judges. He said that Nawaz Sharif wanted reinstatement of the judges through a notification, but his legal team was of view that any notification and de-notification would lead to constitutional crisis, which they want to avoid. He said that sitting judges might issue stay order against any notification which would create new constitutional crisis.
Zardari said that JUI-F, MQM, ANP and PML-N held their own opinion about judges’ issue, adding they have disagreement with PLM-N on one point. He said that movement for reinstatement of judges was started by PPP and party’s workers sacrificed their lives for the cause.
He said that PPP wanted to get revenge of martyrdom of Benazir Bhutto in the shape of bringing about a change in the system. “Democracy is the best revenge,” he repeated the words of Benazir Bhutto. Zardari said that reconciliation process was continuing with all political parties and even with those who cut his tongue and put him behind the bars for several years.

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Judges not being restored to save NRO: Hafiz Hussain05.14.08

Central leader of Jamiat Ulema-e-Islam (JUI) Hafiz Hussain Ahmed has said that deposed judges are not being restored in a bid to save the National Reconciliation Ordinance (NRO).
Talking to journalists in Cheecha Watani Hafiz Hussain said Muslim League-N would not leave the coalition despite quitting the federal government.
He claimed that Asif Zardari had softened his stance in London talks over the deposed judges issue but US official Richard Boucher’s arrival ended that flexibility.

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ATC grants bail to Aziz in seven cases out of eight05.14.08

The Judge of the Anti terrorism Court (ATC) No 1, Ch. Habib ur Rehman here on Tuesday granted bail to Moulana Abdul Aziz former chief cleric of Lal Masjid, in seven out of eight different cases and also issued orders for his release with two deposits of Rs. 5 million however, bail was not granted to him in children Library case.Meanwhile, the defence lawyers including Shaukat Aziz, Wajih Ullah, Imran Shafique advocates, of Moulana Abdul Aziz have declared to seek bail from the High Court in Children Library case.Now bail has been granted to Moulana Abdul Aziz in 25 out of 26 cases.Besides the lawyers, Umme Hassan, Umme Dua and Tayyaba wife and daughters of Moulana Abdul Aziz, Humera Rashid widow of Ghazi Abdul Rashid were also present in the court. Moulana Abdul Aziz was arrested by the Islamabad Police under 16 MPO for allegedly involved in eight cases including Murder of rangers at Aabpara, kidnapping of Chinese, and police personnel and aunty Shamim burning of CDs at shops and other cases.

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PML-N not to compromise on judge’s issue: Nisar05.14.08

PML-N not to compromise on judge’s issue: NisarPML-N central leader Chaudhry Nisar Ali Khan said on Tuesday the party would adhere to its stand for reinstatement of the deposed judges and would not comprise on this. Nisar Ali Khan said the prime minister had refused to accept the resignations and he also had a telephone conversation with PML-N Quaid Nawaz Sharif.He said whether the resignations were accepted or not the party would not be part of the cabinet. “We will not participate in government decision-making process,” he added.He underscored that PML-N had made a commitment to the nation for reinstatement of the judges and it would stand by it even if it had to “sacrifice” its government in Punjab.He said the people had given their mandate to the party in the February general elections on the basis of its stand for the restoration of the judges. Return of the judiciary to the position before November 3, 2007 was indispensable for justice and rule of law in the country, he stressed.

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Lawyers and political workers vow to fight for free judiciary05.13.08

Lawyers and political workers vow to fight for free judiciaryLawyers and political activists on Monday took out rallies and held public meetings to pay homage to the victims of May 12, 2007 and vowed to continue fight against dictatorship and for the restoration of independent judiciary. Legal fraternity boycotted the courts and took out procession from Karachi Bar to Karachi Press Club attended by a large number of lawyers, who were chanting anti-Musharraf slogans.To avoid any untoward incident, a large number of police contingents were deployed on waysides. The procession finally ended at Karachi Press Club. Addressing the protestors, Naib Amir Jamaat-i-Islami (JI), Liaquat Baloch slammed Asif Ali Zardari, co-chairman of Pakistan Peoples Party (PPP), for his dubious posture on reinstatement of judges.He alleged that under National Reconciliation Ordinance (NRO), all his cases had been abolished and now he was playing a role scripted by President Pervez Musharraf. “The same was being played earlier by Chaudhry brothers,” he maintained.He alleged that the ruling coalition was not sincere in reinstating the judges and backing out of their pledges made to public in this regard. He said that for restoration of independent judiciary people had laid their lives and this movement would continue to succeed. Baloch alleged the Muttahida Qaumi Movement (MQM) was responsible for the May 12 and April 9 bloodshed. He said that two deadlines had been set for restoration of independent judiciary but the ruling coalition finally came to nothing. “The third one is being planned to set,” Naib Amir JI added. The ruling coalition, he maintained, was supporting the dictatorship in the country. All Parties Democratic Movement would announce its future line of action on May 14, he said. He said that lawyers would continue their struggle for judiciary restoration along with civil society. He added that those judges took oath under Provisional Constitutional Order (PCO) were not acceptable to people and lawyers. Ruling coalition held talks on reinstatement of judges and independence of judiciary in Dubai and London, which was tantamount to insult of Pakistani nation, Baloch deplored. On the occasion, President Karachi Bar, Mehmoodul Hassan and General Secretary Naeem Quereshi also spoke. Later, JI also led a rally to mark the first anniversary of May 12, 2007 victims. Speakers lauded the PML-N for its detachment from the ruling coalition. They said that APDM’s stance on judicial issue was right. JI Amir of Sindh chapter, Muhammad Hussain Mehanti, JUP leader, Siddiqu Rathor, leader of Pakhtoonkhuwa Milli Awami Party, Hakeem Khan Mandokhel and several other local leaders of JI spoke on the occasion. Qura’n Khwani at Peoples Secretariat was also arranged for those who sacrificed their lives on May 12 last year for the restoration of judiciary.

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Press freedom subject to some restrictions: Supreme Court05.13.08

Press freedom subject to some restrictions: Supreme CourtThe Supreme Court on Monday directed the print and electronic media not to publish any news or telecast such programmes or discussions, having derogatory remarks about judiciary, saying that the freedom of speech was subject to some restrictions. A three-member bench, comprising Justice Muhammad Nawaz Abbasi, Justice Mian Hamid Farooq and Justice Muhammad Farrukh Mahmud, was hearing the suo moto case against a private television channel.The Supreme Court on Friday, taking suo moto action, had issued a contempt of court notice to a private TV channel for its report of an alleged meeting between Chief Justice Abdul Hameed Dogar and Interior Secretary Syed Kamal Shah in which two senior judges of the apex court were allegedly also present.The court directed the print and electronic media not to publish any news item in respect of the person of a judge in any capacity without proper verification and prior permission of the court registrar. The TV channel’s bureau chief appeared before the court and sought some time for submitting his point of view, saying that it was a serious matter and he wanted to engage some lawyers for legal assistance.Justice Muhammad Nawaz Abbasi, while hearing the case, inquired as to who was paying for the advertisements being telecast pertaining to the judiciary. “Freedom of press does not mean a licence to insult anyone,” he remarked.
Abdul Hafeez Pirzada, who has been asked by the court to assist, said the case required interpretation of Article 19 and Article 204 of the Constitution. The power of media had been recognised, but intentionally scandalising an institution was a serious matter, he said.
At this, Justice Nawaz Abbasi remarked that the judiciary was being disgraced. He said that under Article 19 of the Constitution, media was not free to heap slanders. Action could be taken under the Article 204 of the Constitution, he added. RIUJ President Afzal Butt and PFUJ Secretary General Mazhar Abbas requested the court not to impose any kind of bar on the media, saying that it would imply that the step had been taken to stop media from projecting lawyers movement in future.Earlier on November 3, 2007, it was done by the Pakistan Electronic Media Regulatory Authority (Pemra), but the Supreme Court should not do the same, they added. Dr Babar Awan, who was present in the court, argued that the interim order, which was under process in the court, would imply that media had been barred by the apex court.On this the court asked him to assist in describing the concept of freedom of speech and liberty of a person in Islam and the nexus of this concept with the Constitution. Earlier, the court had asked Syed Sharifuddin Pirzada, Abdul Hafeez Pirzada and Waseem Sajjad for assistance in the case.Similarly, amicus curiae, Abdul Hafeez Pirzada requested court not to issue one-sided interim order. The court observed that it was a serious matter as judiciary was being disgraced and changed its order under process. The court ordered the Pemra and the Ministry of Information to produce records of programmes, news items published in the media pertaining to judiciary after November 3, 2007. The court adjourned the hearing till May 22.

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Pakistanis to decide judges & other issues themselves: US05.13.08

Pakistanis to decide judges & other issues themselves: USState Department Spokesman Sean McCormack said the Pakistanis themselves will have to address questions pertaining to their political system and was confident of working with the government for the South Asian country’s development and in the fight against terrorism.”I’ll leave it to others to describe the details of one of the political parties and what they said they would and would not do. My understanding is that the government will continue to function at this point,” McCormack told the daily press briefing.He said issues including how the Pakistanis arrange themselves politically, who is on the coalition, who is not and the questions about judges are “all things for the Pakistanis to answer. “We neither want to, nor can answer these questions for the Pakistani political leaders and their political system - they are going to have to address it.”

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SC withdraws order for prior permission regarding news on judiciary05.12.08

SC withdraws order for prior permission regarding news on judiciarySupreme Court here, ordered presenting all after Nov.3 records of TV channels and newspapers in the court. However, the apex court has withdrawn its order of restricting the print and electronic media from publishing or telecasting news items regarding judiciary without prior permission by the Court. Justice Nawaz Abbasi on this occasion in his remarks said that the judiciary was being disgraced and insults hurled at will. He said that under Article 19 of the constitution, media was not free to heap slanders. Justice Nawaz Abbasi said that action could be taken under the Article 204 of the constitution. Justice Nawaz Abbasi further enquiring said that who was paying the bills for advertisements relating to the judiciary. Supreme Court also ordered presenting all after Nov.3 records of TV channels and newspapers in the court.

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SC orders media not to air program on judges05.12.08

The Supreme Court of Pakistan on Monday has ordered the media not to air programmes and promos related to the judiciary.
The apex court in an order also directed to submit the post November-3 judiciary-related record of all television channels and newspapers in the court.

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