I failed to understand what actuates the Apex Court to interpret the provision when the language of a provision is clear? And 1000 times we parrot the word "morality" pointing our fingers to former PM, bureaucrates, ministers, politicians etc etc, but why dont we blatantly demand the resignation of CJP (QAAZI-e-AALA) who is Mankooha of PCO (3 times YES to PCO, if i am not wrong). Where is MORALITY?

I don't disagree with you but would like to share my thoughts on this.

Firstly, the power to interpret the constitution is given to the superior courts by the constitution itself and is also a case law, as judicial review is in practice across the globe. But the main question is, is there any bar on this power? Apparently not.

Secondly, the Pak power culture is mostly morality-less. Civil Servants, as well as Judges, are servants of the state. Politicians are the policy makers, so the politicians would have to set an example. Moreover, as far as CJP's PCO issue is concerned, we must not forget that, though lately, but he was the person who stood firm for upholding the rule of law in the face of Musharraf.

Thirdly, leave the morality factor aside and Gillani too, don't you think that the head of cabinet should relinquish his position if his ministers are found to be guilty of large scale corruption? or to the least, should he not force his minister to relinquish his position?

I think all institutions would have to work on good governance by setting examples, by handing down severe punishments, by going after the culprits and by strengthening the accountability. More responsibility, as universally accepted, for this is on political goverments, more than civil servants. As political governments are the ones who set the policy vision. Let a political government come with a iron fist and zero tolerance for corruption and greater resources for accountability and than see how the system changes.

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Ahmad Shakeel Babar
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"If you really want to achieve something the whole universe conspires for you to get your dream realized."

The same point which i have emphasized upon was also raised by the Ex.Indian SC Judge Markandey Katju that it is a settled principle of interpretation that if the language of a provision is clear, the court should not twist or amend its language in the garb of interpretation, but read it as it is.

http://www.pakistantoday.com.pk/2012...dian-sc-judge/

It is very much evident even for the blind and the deaf that SC of Pakistan is not respecting the boundaries of other institutions. You have also admitted in one of your posts that the Suo Motos and other cases being taken up by the SC are selective, and it is strengthening the perception that PPPP is the target of Courts. I heard someone saying on TV that a politician has every right to be wrong, but a Judge? NO.

Morality:........ Shoot the politicians, they are not preaching morality. We'll first look at the person who, in court proceedings, give references of Prophet (PBUH) and Sahaba Karaam (RA) etc. We'll look at one who claims that everything will be done according to the constitution and islamic principles. Though, CJ stood against Musharaf, but i personally dont think that Musharraf was that bad guy. If he has some blunders on his shoulders, CJ too have some serious. It is not a matter of comparison or contrast. But, "U-Turn" is almost always harmful, particularly in the country like Pakistan enjoying defected democracy. Both Govt and SC are doing the same thing in one way or other: Politicians/Ministers are indulged in corruption and extending maximum favour to their loyals, and on the other side, SC is busy in taking up selective cases of one party, ostensibly benefitting the rivalry parties. Dont you know what is happening in lower courts? I consider the lowers courts most corrupt. Laywers can easily influence any case.
When an investigation report conducted against a politician or bureaucrate is placed before the CJ, he finds out many lapses in the investigation/prosecution and remands the case back to the Investigating Officer to remove the lapses and put up again, whereas in case of Mukhtaran Mai, all the accused were exculpated from the charges framed against them except one. Look at the "Wukala-Gardi", what they are doing? Even Judges are not safe now. How many Suo Moto actions were taken by CJ against laywers who beat the judges, hurled shoes at them, ridicules them, attacked on their chambers etc etc etc. How many laywers have been booked till now?
To set the example, the most venerable and dead honest person of the day i.e. CJ should come up with confession, resignation and apology. How can the politicians, who are most corrupt persons, set an example of morality?
The govt, since its formation, is in miserable circumstances having threatening allies, oppostion, media and courts, otherwise, I believe that President could have sent a reference against the CJ for passing an unconstitutional order to write a letter to swiss authorities to reopen the cases.

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There is a crack in everything. That's how the light gets in.

I couldn't write about this post earlier as I was having some internet problems.
I would like to address these comments right now.

@ Bilal Hassan
These comments of yours are really hurting and not in any possible way can be regarded as something responsible. Such irresponsible comments could literally promote sectarianism and provincialism which the CSS forum management in any case will never allow to happen. Consider this post as a warning from the CSS forum management. Any such post in future will cost you a permanent ban.

Umer bhai, I have no authority to suggest you anything nor i am favoring someone, as you are senior and reasonable person but aint it clear to all from the previous posts in this thread that how much these people are in favor of just a single political party which is widely known for spoiling the democratic system and their love towards that party is no exception. I don't know but if someone is trying to disclose something, why he/she is condemned (no matter if its known to everyone)? Those who are criticizing CJ is not against the Independent Judiciary? To me, criticizing CJ is like having doubts over his competencies? and IF he is considered Incompetent, why he was restored!

PLEASE dont think that I am favoring someone. I am sorry, I dont mean to be rude!

Human nature cannot be rational, though exceptions are there

These people are present here, you can specifically quote the portion of their replies and ask them this question. If they can satisfy you, it is good and you can extract some positive points at the end of the discussion otherwise you can stick to your way of thinking and finally you will have some points to discuss in CSS exam. After all this is the basic reason for holding this discussion here. Isn't it?

There is a proper way of expressing and disclosing something and at this level a great deal of decency and sophistication in the approach of members is expected. If you are providing logic and can relate some authentic references to your disclosure, the chances are that you will be appreciated rather than be condemned.


Every picture has two sides. Everyone of us have a different way of thinking and a different set of opinions about different things. Someone's freedom fighter is others terrorist. Nobody can change this fact. This is how we operate in life on daily basis. And this is how a discussion excel.

One must at least accept the reality, and that what we are groomed and trained for? I mean, look at the level of education on one side and interpretation of things on other side. Reality would remain reality, no matter how much its ignored.

Presenting realities in diplomatic manner wont change anything. The crux of the matter will remain the same. I dont know whether you are in sindh or but what hassan said exist in its very true form. It exist in latter and spirit and the fact cannot be denied. One should not confuse fact with fabricated stories. Interior sindh, today is one of the most vulnerable region in Pakistan coz of the policies of its own jiyalas, but No one is going to accept these facts. What they have done so far for the flood victims? But continuing support from victims side's is nothing but insanity.


But the dark side of the picture should not be ignored in any circumstances. If someone is raising his/her voice to make realize others is a very pious act. Difference of opinions do exists but not on things which are clear to everyone. When things are ambiguous, then one is justified in having his or her opinions. But when things are clear, then one must accept the said things and should try to change it. It would be sheer negligence on part of every pakistani, if they still show any reluctance in accepting mistakes and avoid trying changing it. Coming generations will simply hurl stones on our graves, its high time for us to leave aside the differences we have on petty things.

Umer I respect you, you are my senior and forgive me please if i am biased or said anything wrong.

Regards

ok...if i am promoting sectarianism or provincialism then these people are maligning the apex court and blatantly defending a political party which can never be justified by any means whatsoever, they are doing so against a sacred organ of state just because of typical party basis as if you have a look at their location, they happen to be from sindh...so won't your admin issue such a warning to them???i think you must also be guarding the state organs integrity as well as this is the matter of Pakistan not of a province alone...