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  #1  
Old Saturday, February 13, 2010
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Exclamation CJP's suo motto notice of President’s decision
ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry taking suo motto notice of President Asif Ali Zardari’s decision formed a 3-judge bench, Geo News reported Saturday.

The 3-judge bench headed by Justice Mian Shakirullah Jan comprises Justice Raja Fayaz and Justice Jawad S. Khwaja as its members.

Earlier, President Asif Ali Zardari elevated Justice Khwaja Sharif as SC judge and Justice
Saqib Nisar as Acting CJ of LHC through a notification.

However, Justice Khwaja Sharif and Justice Saqib Nisar refused to accept the decision of the government.
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Old Saturday, February 13, 2010
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Well guys, what u think of the consequences of this new tug of war ?
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Old Sunday, February 14, 2010
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Aoa
Zardari is the most insane leader in the history of pakistan,and Cj has also become no lesser than a dictator.Y he is insisting Justice saiqb nisar to join sc,whts wrong in Khuwaja sharif?y he is giving preferance junior to senior?But as we know its our psyche to dictate others with out any rules and regulations.Zardari n cj both r going to play havoc to this nation.
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Old Sunday, February 14, 2010
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Aoa
Zardari is the most insane leader in the history of pakistan,and Cj has also become no lesser than a dictator.Y he is insisting Justice saiqb nisar to join sc,whts wrong in Khuwaja sharif?y he is giving preferance junior to senior?But as we know its our psyche to dictate others with out any rules and regulations.Zardari n cj both r going to play havoc to this nation.
indeed there was.....Mr Ghulam Mohammad,governor general pf pakistan!!!
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Old Sunday, February 14, 2010
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Originally Posted by Invincible View Post
Aoa
Zardari is the most insane leader in the history of pakistan,and Cj has also become no lesser than a dictator.Y he is insisting Justice saiqb nisar to join sc,whts wrong in Khuwaja sharif?y he is giving preferance junior to senior?But as we know its our psyche to dictate others with out any rules and regulations.Zardari n cj both r going to play havoc to this nation.
With due respect I do apologise to comment on your decision "The most insane leader" as we had much more than him.

We have to beleive that illustration of consitution will be done by Supreme Court of Pakistan as the only authority to interprete the consitution.

I think we should go through the official decisional order of Hon CJP thoroughly in which Supreme Court has interpreted the constitutional article which was used to appoint the judges in this case by Hon President.

Here is a link for that official order

http://www.supremecourt.gov.pk/pr/Pr...2-13-02-10.pdf


We are mentally extremists so we often go to one extreme and sometimes to other one but we would definitely beleive in optimism when we take this issue as process of interpretation.

Political system is not mature enough in Pakistan as Military intervention did harm it badly. We should support and beleive in consistancy of the system with true interpretation of the constitution for better and just transparancy in the country.

It is the process which will consist on so many clashes of thoughts and expectations of the institutes as all are in evolutionary process.

We should take this difference of opinions and misunderstanding as a part of this evolutionary process which will definitely lead towards true and transparant democracy.

Kind Regards
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But as we know its our psyche to dictate others with out any rules and regulations.Zardari n cj both r going to play havoc to this nation.[/B][/QUOTE]

@ invincible

we have rules and regulations.Ist of all we have constitution which is the fundamentel law of the country.and supreme court is the gurdian of the constitution.only supreme court has the right to explain and interpret the constitution.If some one violates the fundamentel law of Pakistan supreme court has the right to ask.
Article: 177 Appointment of Supreme Court Judges


177. Appointment of Supreme Court Judges.-(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.

(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-

(a) has for a period of, or for periods aggregating, not less than five years been a Judge of a High Court (Including a High Court which existed in Pakistan at any time before the commencing day); or

(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day.)
decision of President Zardari was the violation of this Article because the judges were appointed without consultation with cj.
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Old Sunday, February 14, 2010
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President has done all the right things. CJP is making an issue out of nothing. Senior most judge must go to the Supreme court. Judges and lawyers are getting out of control and are challenging an elected government. How can supreme court work on a holiday? The act of supreme court is unconstitutional.
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President has done all the right things. CJP is making an issue out of nothing. Senior most judge must go to the Supreme court. Judges and lawyers are getting out of control and are challenging an elected government. How can supreme court work on a holiday? The act of supreme court is unconstitutional.
I fully support your views. CJ has stepped in the shoes of every authority. CJ should not assume himself the sole owne of this state and should not think himself as the omniscient.

CJ is going to play with the future of this troubled state. We need not support his extra constitutional steps. He must not play in the hands of politicans. He is paying off the past dues which were long outstanding in his account by the political parties. Politicians are reaping dividend on the investement they made in CJs restoration. Promises and give and take process has been started.
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Old Monday, February 15, 2010
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President has done all the right things. CJP is making an issue out of nothing. Senior most judge must go to the Supreme court. Judges and lawyers are getting out of control and are challenging an elected government. How can supreme court work on a holiday? The act of supreme court is unconstitutional.
If senior most judges must be elevated then PPP sould go to the parliament and amend the constitution accordingly.constitution at the moment demands that judges should be appointed withe the consultation of CJP.and thus president has exceeded his constitutional powers,his action is unconstitutional not that of CJP.

And which provision of the constitution prevents Supreme Court from acting on a holiday??
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constitution at the moment demands that judges should be appointed withe the consultation of CJP.and thus president has exceeded his constitutional powers,his action is unconstitutional not that of CJP.
You are right that President appoints the judges in consultation with the CJ. But it is not constitutionally binding upon the President to follow that advice. I don't find President's action as un-constitutional.

cheers,
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