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  #1  
Old Sunday, October 31, 2010
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Question Judiciary & Bar - does conflict exists between them?

through following bar election n subsequent talk shows i gathered a notion that there might exist some serious conflict between judges n bar...n even among bar lawyers........can any one explain what real issue is in supreme court bar......which group asma jahangir lead n which is opposed group...n y asma jahangir stated that laweyrs were sick of being pulled out to roads for thing they dont want to be part of.....n wot does `judicial activism` mean precisely?????
n y judges cant be held accountable??
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Old Sunday, October 31, 2010
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Originally Posted by zia bugvi View Post
through following bar election n subsequent talk shows i gathered a notion that there might exist some serious conflict between judges n bar...n even among bar lawyers........can any one explain what real issue is in supreme court bar......which group asma jahangir lead n which is opposed group...n y asma jahangir stated that laweyrs were sick of being pulled out to roads for thing they dont want to be part of.....n wot does `judicial activism` mean precisely?????
n y judges cant be held accountable??
Judicial Activism

my dear it means when judges go beyond their duties and do something for the cause of society according to their thinking. Usually this happen, when elected parliamentary members and other Pillars of state fail to perfrom there duties i.e honor the rights of public, law enforcement etc etc etc

and Judges are accountable to Supreme Judicial Council my dear.

and
as far as conflict b/w judiciary and bar is concern, it is reality. Actually, now a days, in Pakistan both sectors got the taste of "Power" recently and they are failed to "digest" the "Power's Meal".

Judicay was in trouble in 2007 and took strong stance against the Govt and Lawyers suppoted judiciary with full co-operation. Now, when they succeeded in their movement, they(lawyers) started to consider themselves above law. So many news of lawers' lawlessness came-out. But judiciay give some light hand to lawers and didnt take any action against them. Judiciary, which is taking so many sou-moto actions, didnt take any single suo-moto action against the lawers "lawlessness" (beating media personnel, beating policman personnel, etc etc etc)

Now, the worse thing happened that Lawyers started to considered themseves above law. We can judge the hieght of "fool-mind" of lawyers that they stand against a Judge in Lahore and started protest against him.

The "thekedar" of law forget the proper channel to remove the Judge from his seat. They opted the way of Protest.

Now, Court is realizing its mistake than if they didnt give "DHEEL" to these lawyers than this thing didnt happen.

Now, infact there is 3 sects working in lawyers. One, who are supporting Govt. Second, Who are the main activist of Movement of Restoration of Judiciary. Third, Who are willing to co-operate with Court.

and in last

Asma Jahangir has her back-channel and front channel links with PPP. We can say thay she is a PPP supported candidate. Infact, victory of Asma Jahangir is the Victory of PPP. The other groupt Professional group, you can say that, anti-Govt Group. Before this election, their candidate won the election easilly and they rotate their President by Province i.e one year from Sindh, second from Punjab and so for remaining provinces also.

But this year its defeat is really a set back to them and they should have to realize that nobody is above law.
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  #3  
Old Sunday, October 31, 2010
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Yes there exists a rift between two pillars of state.
And both parties have contributed to widen this gulf as both have not remained in their limits.
As well as SCBA elections are concerned, Aasma cant be said to a nominee of ppp or her victory is the victory of ppp regime.
Her cherished past bears witnessed to the fact that she has always remained sticked to her cause of justice and equality in society.
Last year SCBA president slot went to professional group,s Qazi Anwar ,a strong group lead by Hamid Khan a renowned Lawyer, representing right wing.
Qazi Anwar,s tenure saw a great rift between two pillars of state and SCBA president openly supported Judiciary camp irrespective of its the fact whether it was right or wrong.......
SCBA had completely got politicized and nothing was done except for firy political slogans.
Aasma climbed in the race of SCBA presidency on her strong belief in rule of law and her commitment withe her profession. She openly fought on the manifesto of working for betterment of lawyer community and to lessen the politicization in Bar and to help to remove rift between judiciary and executive.
Yes She was being supported by PPP lawyer wing. But besides this PML(N) lawyer wing was also on her backing. Moreover celebrated leaders of judicial movement Munir A. Malik, Ali Ahm,ad Kurd and Justice Rtd Tariq Mehmood , all three ex president SCBA were supporting Aasma. Even she had silent support of Aitzaz Ahsan.
So she defeated Hamid khan group's Ahmad owais , a person cant be compared with Aasma a champion of human rights and democracy known internationally an iconoclast.
A sever character assassination campaign was launched against her even then she won the election.
One hopes , she being the first ever female president of SCBA, would purge the bar from politicization and would work for the prestige of Lawyer community as well as rule of law.

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[B][B][I]Yes there exists a rift between two pillars of state.
Two Pillars of STATES? Kindly please mention the names of these two pillars, i failed to got your point........


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As well as SCBA elections are concerned, Aasma cant be said to a nominee of ppp or her victory is the victory of ppp regime.
my dear i said this becuase Asima Jahangir is not in the favour of Judiciary's involvement in Political Affairs. She is against the re-opening of the cases against MR. Zardari. She believed that this will lead to any political uncertainity in the country and we have to wait for these cases. So, in this sense this is the victory of PPP. and Her father was aslo an active political worker my dear.
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Originally Posted by Tipu Shah View Post
Two Pillars of STATES? Kindly please mention the names of these two pillars, i failed to got your point........
.

From two pillars of state I mean; Judiciary and Executive
Executive ,Judiciary and Administration are considered as three pillars of State ( Adlia , Muqanana Intizamia. Sometimes media is considered as fourth pillar of state)


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my dear i said this becuase Asima Jahangir is not in the favour of Judiciary's involvement in Political Affairs. .



If she is so , then we should be proud of her.


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Originally Posted by Tipu Shah View Post
Her father was aslo an active political worker my dear. .
Yes , my dear , Her father Malik Jilani was a retired bureaucrat and political actvist of high stature who like aasma worked for oppressions of all kind especially of military dictators of Ayuob and Yahya and alleged offenses committed by army in East Pakistan.
But he has not been aligned with PPP. Rather he was jailed and house arrested by Z. A Bhutto and Aasma in her young age had to fight actively for his father's release from jails.
Yes one thing is common in her and ppp, their somewhat liberal attitude and somewhat left wing politics.

In her election whole left wing and liberal faction of lawyer wing was with her.
M.A Malik, Kurd, Justice rtd Tariq and above all Lawyers like Aabid hasan Manto , a symbol of left and liberalism in Pakistan were backing her.
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  #6  
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From two pillars of state I mean; Judiciary and Executive
Executive ,Judiciary and Administration are considered as three pillars of State ( Adlia , Muqanana Intizamia. Sometimes media is considered as fourth pillar of state)
my dear these three are: Legislature, Judiciary and Executiv.

Quote:
Yes , my dear , Her father Malik Jilani was a retired bureaucrat and political actvist of high stature who like aasma worked for oppressions of all kind especially of military dictators of Ayuob and Yahya and alleged offenses committed by army in East Pakistan.
But he has not been aligned with PPP. Rather he was jailed and house arrested by Z. A Bhutto and Aasma in her young age had to fight actively for his father's release from jails.
Yes one thing is common in her and ppp, their somewhat liberal attitude and somewhat left wing politics.

In her election whole left wing and liberal faction of lawyer wing was with her.
M.A Malik, Kurd, Justice rtd Tariq and above all Lawyers like Aabid hasan Manto , a symbol of left and liberalism in Pakistan were backing her.
i just gave her father's reference only to tell that her family had political attachments.
and as far as i said that the victory of asma jahangir is the victory of PPP, it means demands of PPP and Asmima Jahangir's are more or same less towards judiciary regarding Mr. Zardari or other political issues. thats y victory of Asma jahangir is a good news for PPP.

and one more thin my dear...

this thread is about the conflict b/w Court and Bar.... not about the Executive or Judiciary... and
one more thing,,

there is conflict b/w Legistlation and Judiciary not b/w executive or judiciary.....

regards
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Nothing will happen as the news and the views states. Once again, the key government officials are successful in giving the impression that the winning party was influenced by the PPP and the government. I must say it only the part of propaganda to keep pressure on the judiciary, nothing else! Obviously nothing will happen to judiciary and SCBA in an upcoming year. They were not the lawyers only, but the civil society, you and me, our families on road that I observed when I myself started from model town on March 15, 2009.
Current SCBA elections are very much different than those of Aitzaz Ahsan, Ali Ahmed Curd and couple of other lawyers. There was not much opposition because they all were united for the restoration of judiciary and for the rule of law. It’s now not of a vital importance that what will be the role of SCBA and Apex bench. Now the judiciary has been restored and is working independently. They both will work in their limits. Despite that the PPP will try to keep pressure on the bench by giving such negative gestures that “Asma” was supported by us, now and in future, but it will not work too. 100’s of disputes or hand shakes we may see in future between the bar and the govt. or between the lawyers themselves, but the bar will never let the judiciary down in any circumstances. Any extra constitution action or legislation made by the government will definitely be strongly opposed by any party of the lawyers together and bravely. Only some sort of politics will be seen to keep the pressure on the judiciary but will be of no use.
----------------------------------------------


“Judicial activism” is the cause started when musharraf sacked the judiciary. It basically means the active cause and participation of society and other members of bench and bar for rule of law and for independence.

..
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  #8  
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“Judicial activism” is the cause started when musharraf sacked the judiciary. It basically means the active cause and participation of society and other members of bench and bar for rule of law and for independence.

..
my dear judicial activism only relates with the powers and actions of Judiciary, supreme court especially. Civil society is not at all part of Judicial activism my dear.
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Old Monday, November 01, 2010
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Role of SCBA may become controversial now as the recently elected president Asma Jahangir belongs to PPP's group and we can see a clear conflict between PPP and SC.
The opponent of Asma Jahangir was from Professional Group and this group was the continuous winner from last four years. Real picture will be shown very shortly.
Time is the best judge.
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Originally Posted by umair sandhu View Post
Role of SCBA may become controversial now as the recently elected president Asma Jahangir belongs to PPP's group and we can see a clear conflict between PPP and SC.
The opponent of Asma Jahangir was from Professional Group and this group was the continuous winner from last four years. Real picture will be shown very shortly.
Time is the best judge.

This will not happen. She had come for a year only and she will not be willing to lose her whole life's achievement and the name she has earned by acting as a govt spy. Some limited sort of pressure can be exerted on judicary through Asma by the govt which will be of no avail.
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