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Military Coup Imminent in Pakistan? Military Coup Imminent in Pakistan?

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  #11  
Old Saturday, August 28, 2010
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@ Arif Shah.
Supreme court cannot ask COAS to impose martial law. COAS is not accountable before the Supreme court.
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  #12  
Old Saturday, August 28, 2010
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@ Maha Khan.

Exactly that is what i am trying to say. We must have patience. Every time we welcome military coup and then after some time we start yearning for democracy. Let the democratic set up take roots, then we can start analysing the achievements of this government. Democracy has no parallels and the present lot is indeed duly elected by the people.
Although,I am not in favour of military coup yet I am not blind follower of this fake democracy.Our this lot doesnt possess an iota of vision.They are not democratic in any way.So dont be fooled by them.

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  #13  
Old Saturday, August 28, 2010
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thanks for bringing this to my knowledge, but regarding martial law i would say that democracy and martial law these are systems to govern or to lead the nation for betterment and its prosperity. but the current situation in which we are surrounded by corrupt and incompetent leaders does not allow us to go with democratic system. now we have a patriot army general who could really make the change, we should not be hesitant of martial law

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Originally Posted by Invincible View Post
Although,I am not in favour of military coup yet I am not blind follower of this fake democracy.Our this lot doesnt possess an iota of vision.They are not democratic in any way.So dont be fooled by them.

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very true !!!1
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  #14  
Old Sunday, August 29, 2010
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@ Arif Shah.
Supreme court cannot ask COAS to impose martial law. COAS is not accountable before the Supreme court.
Agreed.

Read further for having full info,


ISLAMABAD: Neither the Army nor any other subordinate institution of the executive can be directly called by the Supreme Court of Pakistan to its aid, majority of pro- and anti-Musharraf camps' legal minds say.

These experts were of the view that the Supreme Court cannot call the Army directly but could only ask the executive, which means the federal government. The Supreme Court would have to use the shoulders of the federal government to call the Army, agreed senior legal minds.

Former chief justice of Pakistan Justice Saeeduzzaman Siddiqi told The News that the Army could not be called directly by the Supreme Court of Pakistan but the apex court could only ask the federal government or the executive to aid the Supreme Court.

"The Supreme Court can only request the federal government to aid it and cannot call any subordinate institution directly," held the former chief justice of Pakistan, adding: "The word executive in Article 190 of the Constitution of Pakistan cannot be interpreted as the federal government and its subordinate institutions; it only refers to the government of Pakistan."

He said though all institutions were bound to aid the Supreme Court of Pakistan but a request for aid had to be sent to the federal government and not directly to subordinate institutions. However, a senior pro-Musharraf legal mind Dr Khalid Ranjha said the Army could be called by the Supreme Court because all authorities were bound to act in aid of the apex court.

He said the Army was the arm of the government and if the Supreme Court called the army as saviour of its integrity and independence then it would not be extra-constitutional.

He said according to Article 190 of the Constitution if the Supreme Court orders anything to the prime minister, the latter could never say no to those orders. He endorsed that the Supreme Court had to order the prime minister to call the Army for its help and not the Army directly.

Justice Fakhruddin G Ebrahim, the senior legal mind of anti-Musharraf camp, said powers of the Army have been confined and assigned in Article 245 of the Constitution and the Army could not be brought directly into the parameters of the executive mentioned in Article 190 of the Constitution.

The senior lawyer said the Supreme Court of Pakistan cannot call the Army for its help but it has been mentioned nowhere in the Constitution that the apex court could do it. He said, however, the Supreme Court could call the federal government and the judicial authorities to aid it.

"Article 190 cannot be used for the Army because the Army had its own Article 245 in which its powers have been defined," revealed the veteran lawyer. Justice Wajihuddin Ahmad, another senior legal mind from Karachi, said if the Supreme Court called the Army for its help then it would be unconstitutional and illegal. He said Justice Iftikhar Muhammad Chaudhry was the actual chief justice of Pakistan, who has not been removed through a due process of law and persons sitting in the Supreme Court have not been appointed through the procedure prescribed in the Constitution.

To appoint a judge there has to be a vacant post but these have been appointed against sitting judges. He said there was no question of Army's involvement in the cover of aiding the Supreme Court. He said the judges who have not been appointed through a due process of law, how could they call upon any institution to help them?

Justice Tariq Mehmud, the key leader of the lawyers' movement, told The News that the Supreme Court could only call the executive and the executive refers to the federal government.

"If the Supreme Court would call any subordinate institution then the subordinate institution had to seek the permission of the actual executive," said the retired judge, adding: "The Army had no link with Article 190 of the Constitution; the said article only refers to the federal government."

He said it never happens that the Supreme Court starts calling subordinate institutions when the post of the chief executive already exists. In the case of justice Sajjad Ali Shah, the chief justice had the danger from the prime minister that is way he called the Army chief for the apex court's aid, he said

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  #15  
Old Sunday, August 29, 2010
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Reference ?

This article seems published in a foregin newspaper.
http://www.hudson-ny.org/1513/pakist...-coup-imminent
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  #16  
Old Sunday, August 29, 2010
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Originally Posted by Muhammad Arif Shah View Post
and what i think is supreme court will itself ask COAS to impose martial law !!! when CJ was putting Rahman malik behind the bars Zardari saved him with his special powers and some other cases which were interrupted by this so called elected government. the clash between government and supreme court, in my view will definitely invite martial law !!!!!
CJ is himself a big supporter of Democracy. He never liked Dictatorship................
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  #17  
Old Sunday, August 29, 2010
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Senior lawyer of the Supreme Court Abdul Hafeez Pirzada on Wednesday said the apex court could call the Army for help in getting its verdict implemented. He said the Army was a part of the executive and was bound to obey the court’s order under Article 190 of the Constitution.

“The apex court can call the Army chief for help to get its verdicts put into action,” he told reporters here in the Supreme Court while commenting over the SC’s detailed judgment on the National Reconciliation Ordinance (NRO).

“There is an antecedent on this in past, when former chief justice Sajjad Ali Shah called the Army chief,” he said, adding the government was morally bound to implement the court’s decision in letter and spirit.

source: http://www.risepakistan.net/2010/01/...t-implemented/
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Please Dont make angel the person who is moving ahead taking a flag of justice according to you . he is also a one sided man you must understand what i am trying to say he is also still slave of some parties if u want ehtsaab then it must be equal to every politician keep in mind.
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  #19  
Old Sunday, August 29, 2010
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Originally Posted by aliusama View Post
Please Dont make angel the person who is moving ahead taking a flag of justice according to you . he is also a one sided man you must understand what i am trying to say he is also still slave of some parties if u want ehtsaab then it must be equal to every politician keep in mind.
Agreeeed!
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  #20  
Old Sunday, August 29, 2010
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@ Striver.

Cheif Justice Sajjad Ali Shah did call army for his help in 1997 during Nawaz Sharif government but army never came. The COAS referred the letter to defence minister who was his political boss. Chief Justice is not the PM or President who can order the army chief to do this or that.
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