Bolivians rebuke Morales in judicial ballot

LA PAZ: Most Bolivians who voted in Sunday’s election to choose the country’s top judges cast invalid ballots in what would be a stinging rebuke for President Evo Morales, according to unofficial partial results.

If the results hold, it would the first defeat at the polls for the leftist coca-grower’s union leader of his nearly six-year presidency.

Official results were not expected for at least five days in the vote for 56 judgeships on Bolivia’s top four tribunals, including its supreme and constitutional courts.

But an unofficial count by the Ipsos, Opinion y Mercado polling firm found 61 percent of voters cast ballots that were either null or blank. It said its count was based on 75 percent of the vote.

A sober-looking Morales declared himself ”very pleased with the public’s participation” in brief words to the news media. He asserted that ”those who called the boycott have failed.”

Opposition leaders had called on voters to cast invalid ballots to protest what they considered a power grab.

They contended that the election would erode the independence of the judiciary and strengthen Morales because the 114 candidates were chosen by a Congress dominated by his governing MAS movement.

A leading opposition politician, Samuel Doria Medina, said the results proved the election was ”illegitimate.” He called for starting the judicial selection process from scratch.

Under electoral rules, only a majority of valid votes are needed to fill each judicial post.

Prior to a new constitution championed by Morales and approved by voters, the legislature chose judges for the top courts.

The opposition accuses Morales of using the judiciary to persecute adversaries. Several opposition leaders are in exile after being accused of sedition. Morales comfortably won re-election in December 2009 but his popularity has plummeted in the past year over policy decisions that angered many Bolivians.

First, Morales declared just after Christmas that he was ending subsidies on gasoline; he reversed himself after major protests.

Then he insisted on a highway through a lowlands indigenous preserve, and drew further public outrage when police last month attacked Indians marching against it.

Morales has indicated he wants to run for a third term in 2014.

Source: http://www.dawn.com/2011/10/17/bolivians-rebuke-morales-in-judicial-ballot.html

Judiciary checks arbitrary exercise of power, says CJ

ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry said on Thursday that judiciary as an institution could never be independent unless individual judges remained impartial.

“The judges are pillars of the judicial institution and are expected to avoid such words, actions and situations that might make them appear prejudiced and disrespectful to the oath they are sworn to abide by,” the chief justice said while speaking at a full-court reference held to bid farewell to the retiring SC judge, Justice Mahmood Akhtar Shahid Siddiqui.

He said judiciary had never encroached upon the domains of the executive and legislature since both were independent in their spheres. “There can, however, be practical issues where the perspectives of judges can be of help to the executive and the legislature.”

The role of judiciary is not that of opposition to the other two organs of the state; it rather places a check on the arbitrary exercise of power by any institution or functionary of the executive. Otherwise, he said, the three organs had the same objectives of ensuring constitutional supremacy, rule of law, fair administration of justice and protection of people’s rights.

Justice Iftikhar, however, said judiciary had to be resolute in upholding the rule of law and the canons of justice in accordance with constitutional norms. He said Pakistan was at a crossroads because of natural calamities and internal and external threats. “At this juncture, we should fulfil individually and collectively responsibilities and obligations enshrined in the teachings of Islam, which are primary sources of the law of land.”

The chief justice paid tributes to Justice Shahid Siddiqui and acknowledged his service and contributions to the cause of justice.

He asked lawyers, clients and witnesses to refrain from unjust criticism of judges and judiciary, saying the bench, bar and litigant public were all part of the same judicial system. “They have to work in collaboration with one another in order to achieve the objectives of justice and establish peace and tranquillity in society.”

The chief justice said: “Establishing justice in society is not merely a voluntary endeavour. In Islam, justice among people is a divine attribute, which is considered as one of the most sacred and important obligations. The vision of Islamic society cannot be fulfilled if it was not based on justice, equality, tolerance and freedom.”

He said Pakistan being a democratic state was based on Islamic principles of social justice wherein the state was responsible to establish justice and eradicate all forms of oppression, transgression and tyranny.

Justice Shahid Siddiqui said the task of a judge was by no means easy. The balance of the civilised world is maintained by his independence, fearlessness and courage to apply law without fear or favour.

“It is impossible for a judge to please anybody at all. He has a duty to decide in accordance with the law. He has a duty to be fearless. He must be free from the influence of those who wield power. If a judge fails in his duty, there is nothing left to be
saved,” Justice Siddiqui said.

Taseer murder case: Ex-LHC chief justice to defend Mumtaz Qadri

LAHORE: Lahore High Court’s former chief justice (retd) Khawaja Muhammad Sharif will defend Mumtaz Qadri, the self-confessed murderer of slain Punjab governor Salmaan Taseer, before the Islamabad High Court.

Qadri has filed an appeal against his death sentence given to him by an Anti Terrorism Court in Rawalpindi on October 1.

Justice Sharif submitted his power of attorney on behalf of Qadri in the court on Monday and will appear before the bench on Tuesday (today), revealed Justice Sharif’s son Khawaja Bilal.

The divisional bench of the Islamabad High Court, comprising Chief Justice Iqbal Hameedur Rehman and Justice Riaz Ahmed Khan will hold the proceedings. Bilal told The Express Tribune that his father was dealing with Qadri’s case on a top-priority basis. It was further revealed that Justice Sharif would not seek any adjournment on Tuesday since he had already sent his power of attorney to ensure that on the first date of hearing, he could argue the case.

Qadri, a constable of Elite Police Force, confessed to murdering the governor at every forum — from the district magistrate to the trial court.

He tried to justify his act by saying that he had killed Taseer for supporting blasphemy convict Aasia Bibi, who was Christian by faith and whom Taseer had believed had been wrongly convicted of committing blasphemy.

Terror in the courts

Qadri’s trial has remained a controversial one, with violent protests being held across Pakistan against the verdict.

Additionally, ATC Judge Pervaiz Ali Shah who passed the death sentence for Qadri was transferred to Lahore on Friday amid protest from religious groups.

Shah was also transferred to Child Protection Court Bureau in Lahore, merely a month after he was posted to Rawalpindi due to security risks.

The judge had been unable to perform his duty due to the hostility of a certain group of lawyers and other religious groups who had been asking the authorities to hand Shah over to them.

Published in The Express Tribune, October 11^th, 2011.

 Source: http://tribune.com.pk/story/271446/taseer-murder-case-ex-lhc-chief-justice-to-defend-mumtaz-qadri/