Showing posts with label SC Verdict. Show all posts
Showing posts with label SC Verdict. Show all posts

Friday, 14 October 2011

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.

Thursday, 13 October 2011

After the SC verdict BY I.A Rehman


AS expected the Supreme Court decision on the killings and disorder in Karachi has had a mixed reception. While most commentators have welcomed the court`s directives, some have expressed disappointment that all those found responsible for heinous acts of commission and omission have not been strung up the electricity poles.
The former group includes many professional hailers of authoritative proclamations and quite a few who are happy that their political rivals have been nailed. Undeniable is the fact that what many thought was the problem in Karachi has been confirmed by the highest judicial authority. The debate will now be conducted with reference to judicially verified facts and not on the basis of the various interested parties` perceptions. This is no doubt a major gain.
Those who expected more concrete rulings perhaps do not realise that the Supreme Court must function within the parameters fixed by the law and procedure. It was not hearing a petition/appeal relating to a specific occurrence the parties to which had been duly arraigned. In the instant case, the court was acting more or less as a commission of inquiry, and its findings, in the nature of directives, should not be fruitless.
That these findings are already having a sobering effect not only on the federal and provincial governments, that are easy prey, but also on other gladiators cannot be ignored. However, the court`s major recommendations demand not only longer-term initiatives but also a firm effort to look beyond the symptoms and attack the disease at the root. hartal
Take the advice to political parties to purge themselves of criminal elements. It is easy for political parties to release lists of members deprived of offices or expelled and say that criminals have been thrown out, though their fall from grace may have been due to less noble causes. The problem arises when party cadres carry out criminal acts under orders from their bosses, such as creating disorder, burning vehicles to enforce , thrashing rivals, or collecting protection money.
Such matters demand a two-track strategy. The administration needs to rediscover its capacity to deal with crime according to the law, regardless of the identity or sociopolitical clout of the offender. At the same time, the political parties have to be persuaded to follow the elementary code of ethics.
More important than the weeding out of criminal elements is the need to get the political parties` militant wings disbanded. Democratic opinion is unlikely to support the idea of political parties being banned subject to the Supreme Court`s approval because this procedure has been abused in the past. But there can be no objection to obliging political parties to dissolve their wings/cells that are used for intimidating citizens or subjecting them to violence.
There is perhaps need to reinterpret Article 256 of the constitution, even to broaden its scope. The article says: “Private armies forbidden. No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal.”
The military organisations operating in the tribal areas, including those that are not fighting the army or are friendly to it, are obviously covered. But there is need to strengthen the laws to bring under the prohibitory provision formations that do not wear uniforms, do not carry arms all the time and do not have military-like hierarchies, but which can be used as armed bands for the furtherance of political aims through use of violence or threats of its use. bhatta
Much has been said about land grabbers and extortionists. No leniency should be shown to lawbreakers in either of these categories. But it is necessary to address the factors that cause the rise of land grabbers and collectors. It is absolutely essential to create smooth, efficient and inexpensive mechanisms for meeting the legitimate demands of the people, especially the poorer sections, such as a piece of land for living, access to utilities, reasonable guarantees of security, et al.
A large number of people need protectors and patrons because they cannot otherwise buy an airline ticket or cannot bypass the queue outside banks for paying bills, or cannot get a fine for a traffic violation waived. Something has to be done to eradicate the culture of dependence on intermediaries where none should be needed.
Nobody can possibly take exception to the direction that the police in Karachi (indeed throughout Pakistan) should be depoliticised. This does not mean only that recruitment to the police force and posting/transfer/promotion should not be done on political considerations. Difficult though this task is, it can be achieved by non-partisan superiors in service and elective offices both.
However, the fact is that even politically neutral police officers lose their way in a social milieu dominated by people who wield huge influence either because of their social status (landlords, industrial barons) or their political clout (ministers, MNAs, MPAs). These people cannot be defied by most state employees. Eventually, the police and executive officers will be truly depoliticised only when the long-delayed social reform takes place.
Likewise, the people wholeheartedly support the call for deweaponisation. All political parties also concur but there is considerable evidence of hypocrisy in their statements because most parties want only their rivals to be disarmed. Besides, deweaponisation is often understood as surrendering and confiscation of illegal weapons only.
There is a direct nexus between an increase in licensed arms and a proliferation of illicit weapons. Whenever an influential person gets a licence for a prohibited bore weapon, the outlaws in the area try to buy rockets. No deweaponisation campaign will succeed unless restrictions are placed on the grant of arms licences.
Then the question will arise of how to satisfy people who acquire arms to defend themselves because the police cannot protect them. Thus deweaponisation efforts will succeed in proportion to a visible improvement in the law-enforcement agencies` capacity to protect the people`s life and liberty. It will also be necessary to revive the old rule under which law-enforcement personnel can use only weapons and ammunition officially issued to them and they cannot use personal weapons (many of which these days could be illegal).
Finally, the Supreme Court hearings on Karachi have once again vindicated the system of suo motu proceedings, though no such vindication was necessary. One shudders to imagine what life might have been if the judiciary did not use its suo motu powers to rein in the wild ones in authority or to chastise the wayward.
At the same time, the case has underlined the axiom that such powers are most effective and beneficial if sparingly used. Perhaps in this case the people felt the outcome fell short of their expectations that had been pitched high in a climate of media hype that always does more harm than good. The honourable judges cannot be unaware of the adverse effects people`s perceptions can have on the standing of essential institutions. In this regard, too, the case may have produced a welcome result.

Tuesday, 11 October 2011

PPP leaders discuss SC verdict


ISLAMABAD: The Pakistan People’s Party leadership discussed on Monday the Supreme Court’s verdict on the law and order situation and target killings in Karachi and decided to ask all political parties, particularly those in the ruling coalition, to expel militant elements from their ranks.
A meeting of PPP leaders, jointly presided over by President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani at the Presidency, discussed the political and economic situation, energy crisis, law and order and relations with coalition partners.
“It was decided that all coalition partners will be taken on board in the light of the Supreme Court’s verdict,” PPP leader and Leader of the House in Senate, Nayyar Bokhari, told Dawn after attending the meeting.
The Oct 6 SC judgment cited a report of the Special Branch of police which said the Pakistan People’s Party, Muttahida Qaumi Movement, Awami National Party and some religious organisations and banned outfits had “militant wings” which were involved in criminal activities and collection of ‘bhatta’ (extortion money) in Karachi.
“All coalition partners are independent to take their own decision, but we have asked them to implement the Supreme Court’s orders relating to militant wings,” Mr Bokhari said. However, he said that some of the court’s orders were actionable and some were not. Some of them are being implemented by the government.
Former law minister Babar Awan said he had briefed the president on “specifically actionable” parts of the judgment.
“Restoration of peace in Karachi is a common cause of all stakeholders and the government is fully determined to do it in furtherance of the Oct 6 SC verdict,” he said.
President Zardari expressed satisfaction that all government agencies concerned were cognisant of the need to implement the SC verdict and that some steps in this respect were being taken.
Prime Minister Gilani briefed the meeting on the economic situation and relations with coalition partners.
According to presidential spokesman Farhatullah Babar, the president informed the participants about his meeting on Saturday with Sindh Governor Dr Ishratul Ibad and Chief Minister Qaim Ali Shah, who had briefed him on the steps being taken by the provincial government to implement the Supreme Court verdict.
Water and Power Minister Syed Naveed Qamar updated the meeting on the supply and demand position of electricity and the steps being taken to meet the energy challenge.
He said remedial measures had eased off the power crisis and an increase in generation by 4,500MW had reduced outages. He said that as a long-term measure, the foundation stone of the 4,500MW Diamer-Bhasha project would be laid early next week.
“The president emphasised the need to solve the energy problem on a permanent basis and said the power situation in the country must be improved and should not be allowed to become an issue of power politics,” Mr Babar said. Commerce Minister Makhdoom Amin Fahim briefed the meeting on his recent visit to India and its decision to withdraw objections to the EU-proposed trade concessions for Pakistan.
The law and order situation in Balochistan was also discussed. The meeting was also attended by Defence Minister Chaudhry Ahmed Mukhtar, Religious Affairs Minister Khursheed Ahmed Shah, Textile Industry Minister Makhdoom Shahabuddin, Senator Mian Raza Rabbani, Senator Jahangir Badar, Senator Faisal Raza Abidi, Nazar Muhammad Gondal, Raja Pervaiz Ashraf, Qamar Zaman Kaira, Faryal Talpur, Rukhsana Bangash, Fouzia Wahab, Fouzia Habib and Mehreen Anwar Raja.
Meanwhile, Awami National Party President Asfandyar Wali Khan called on President Zardari at the Presidency on Monday and discussed with him the political situation and matters relating the coalition set-up.