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  #1  
Old Saturday, July 30, 2011
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Default judiciary is overreacting

Judiciary is interfering in the authority of executive and the parliament. Our suo motto CJ strike down the promotion of 54 bureaucrats then why didn't he take action on the incidence of 12 may,on the extension of Army chief and ISI chief.In the verdict of Deedar Hussain's case it was mentioned by SC that CJ should also be consulted in the nomination process of NAB chairman.That was not the business of SC.
No doubt our executive are incompetent and insincere but our parliament is the owner of constitution.SC is infact a custodian but ownership is more sovereign than custodian so SC should accept its sovereignty.
Moreover, the supremacy of SC would be accepted if executive wants the implementation of its decisions.As the US president,Andrew Jackson,had rightly said that" Marshal has given his decision,let him enforce it" in the case of 'Cherokee VS State.'
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  #2  
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@ahmadd

1]the strucking down of promotion of 54 bureaucrats was owing to the reason that these promotions were conferred upon them by the PM through skipping the promotional procedure and by superseding the senior officials (who protested and filed a petition in the supreme court).

2]CJ couldn,t take suo moto against army chief because the supreme court was already engaged in a battle against the ruling culprist class.so, couldn,t open a new avenue of skirmish.

3]in deedar hussain,s case,why SC asked for consultation...was because the regime sitting is already a party in many corruption cases(swiss,nicl,etc).
So, a party itself shouldn,t appoint the authority who has to scrutinize that party.

4]our Supreme Court is an outcome of a daring endeavour of the whole nation.so, the expectations are more from the SC than any other SC of any other country.

5]why SC has not taken action on PML(N),s cases....is perhaps owing to the reason that the court has decided to engage the culprist groups one by one.so that the fear of a collective front of the criminals against SC would be avoided.

6]since the criminals of our society have public power vested in their hands.and on each decision against them,they rush towards delivering public statements(as musharraf regime did previously).......so,the court cannot avoid public sentiments while taking the decisions.

since they have to confront with a popular front in which the accused are the MNAs,MPAs,senators,ministers and their offsprings.....so, the tough decisions can,t be taken through opening many fronts simultaniously.

7]almost all the decisions taken by the court were in notorious most cases like swiss case,NICL,still mill,hajj,HEC fake degree case etc.
8]no innocent politician was imprisoned by the SC.

9]those who blame that why SC is behind us.why don,t she sees other culprists.....
A lame excuse.

aray agar tum criminal nhe ho to proof lao oor bari ho jao.
don,t care about the other criminals.

yeh kehna keh ;
"pehle oos choor ko pakroo phir meri chori pakarna".
is a wrong attitude.If you are innocent then prove it.

don,t blame the supreme court.blame your fate,wrong doings and your lawyer.
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Last edited by Princess Royal; Sunday, July 31, 2011 at 04:08 PM. Reason: do not write in capital letters, thank you!
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  #3  
Old Saturday, July 30, 2011
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if some one dare to ask for some thing from honorable elite of pak he should be replied:
Quote:
Originally Posted by ahmadd View Post
Judiciary is interfering in the authority of executive and the parliament. Our suo motto CJ strike down the promotion of 54 bureaucrats then why didn't he take action on the incidence of 12 may,on the extension of Army chief and ISI chief.In the verdict of Deedar Hussain's case it was mentioned by SC that CJ should also be consulted in the nomination process of NAB chairman.That was not the business of SC.
No doubt our executive are incompetent and insincere but our parliament is the owner of constitution.SC is infact a custodian but ownership is more sovereign than custodian so SC should accept its sovereignty.
Moreover, the supremacy of SC would be accepted if executive wants the implementation of its decisions.As the US president,Andrew Jackson,had rightly said that" Marshal has given his decision,let him enforce it" in the case of 'Cherokee VS State.'
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Old Saturday, July 30, 2011
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Judiciary is a pillar of state like legislature and executive/implementor and it is incumbent upon the judiciary to play its role effectively to nab things being done unlawfully/illogically and against the nation.

Ali emraan have very rightly answered the points raised against judiciary.

When our judicial system has started moving on right track thn what is the problem. Its not strengthening of any one man, rather strengthening the institution and at large the state itself, it should be kept going...
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Default one sided Judiciary

Yes Judiciary is overreacting
If you look at the scenario, Juiciary is only taking popular cases and is one sided
why only PPP is under pressure, Is there no corruption in Punjab, why corruption in army is not under lime light

Judiciary should focus on followings

1) Enormous corruption in lower judiciary and lawyers
2) to minimze lenghty proceedings
3) to reduce number of pending cases
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  #6  
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@ali imran
For promotion of bureaucrats,i agree with you.But if judiciary didn't want confrontation with Army then where was the rule of law concept? Was the rule applicable only to civilian? It means all are not equal before law.

And for the nomination of chairman NAB it was written in the 18th ammendment that PM should send Three names to opposition leader.It(18th amendmen) was unanimously passed by our elected representatives. So after that there was no room for debate over nomination process.If CJ asked the government(in the case of deedar hussain) that they had not consulted opposition leader,he was right,
But he is no body to be consulted in the nomination process....

Okay CJ is right then what about 12th May incidence.? Why Punjab government has been absolved from any action?
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Old Sunday, July 31, 2011
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@ahmadd
----NO CONFERENTION OF CJ WITH ARMY.......
answer: 1]what do you want from judiciary pertaining to army.SC has already ousted a military regime in 2008.
2]in many cases like NRO,recent issues, CJ could invoke help from the armed forces. but he saved democracy.

3]the commission of scrutinizing Abbottabad Incident is headed by whom? who is the vanguard of the commission to take punitive assult against the responsibles?

---DEEDAR H,S CASE AND COURT ASKED ABOUT CONSULTATION FROM SUPREME COURT.........

answer:
a]the reason of SC,s wish of consultation was that;
1)govt. itself was a party in the case and no clause is present in 18th amendment regarding this exceptional scenario.
And if something is missing in the constitution then it is the obligation of SC to interpret it under "basic human right" section of the constitution.

2)if the nomination process as promulgated by the legislature is not in correlation with any other clause of the constitution( or the issue mentioned in the preamble of the constitution like basic human right) then the supreme court can abolish the newly passed law.
but,look at the patience of the CJ that he instead of hammering the clause of nomination for NAB ,...just asked the government to consult the court.
b)the only honest institution is SC. if you ask the only honest institution to not interfere in the name of democracy in the affairs of all other institutions obsessed with corrupt people...then the hope of the downtrodden of our deprived society will die.


----12 MAY INCIDENT....
answer:
1]as i have already mentioned that supreme court is alone in the struggle for independence as an institution.if she engages all the political criminals simultaneously then what will happen?you can imagine that.
2]pml(n) is left till her next tenure.but also ANP is not touched alongwith MQM.
this is owing to the strategy that;

a)1st catch only big fish
b)avoid a battle...prefer a war.
c)break the sticks of criminals one by one.
d)win public trust
e)bolster democracy
f)practically implement the new judicial
policy.

----REMEDIES:
1]should work on lower judiciary
2]establish an independent election commission
3]abolish 34.5 million bogus votes and 2.9 million duplicate
I.D.Cards.
4]work on registeration of 36 million new votes of the
juveniles who can hunt the old parties including
PML(N).
5]strictly implement the new judicial policy
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Last edited by Princess Royal; Sunday, July 31, 2011 at 04:14 PM. Reason: do not write in capital letters, thank you!
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Old Sunday, July 31, 2011
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Default judiciary is independent

ali imran has said that y sc didnt take action my dear brother u knw very well the system and our incompetent leadership there is mysterious so let c wat happening in near future,i clear u one thing civilian wants a big change,even the system wil b change.
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  #9  
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I think you people have not gone through all of the post by ahmadd if you read his complete post you will have to agree that our judiciary is biased. they take action against soft targets and let go hard targets as the opposer of ahmadd, ali emraan also agreed that they can't do all things and open new skirmishes etc that statement itself is more than enough and makes judiciary a subject of incompetence and biased
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Old Sunday, July 31, 2011
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Judiciary is superior then any other Pillar of the state ie Presidency , Parliament , Prime minister house , Armed forces etc. No one is above the Law makes the Judiciary more Powerful and superior than Parliament.

and also according to Islamic injunctions , Judiciary is more Superior then head of the state, Armed forces and all other organs of Government.

If Greatest Personalities like , Caliph Hazrat Umar(ra) the great, Caliph Hazrat Ali(ra) , Caliph Haroon-ur-rashid , Caliph Umar bin abdul aziz(ra) could be summoned by the Court (Qazi) then why not present rulers.
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