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JUSTICE COMPROMISED

August 2, 2009

“Long Live Musharraf” proudly presents a well balanced analysis by Mr. Ahmad Subhani about the credibility of Supreme Court’s recent Decision.

02nd August 2009

Justice DeniedRAWALPINDi – Pakistan: Ex.-President, General (R.) Pervez Musharraf, was summoned by the Supreme Court of Pakistan to appear before it and offer defense in respect of his “Unconstitutional” acts committed during his reign.. However, it was a general perception even among impartial observers, that in view of the under mentioned events, the ends of justice in this case, were not likely to be met:-

1. A number of present Supreme Court judges are those who bade good to their jobs in pursuant to the proclamation of P.C.O. of November, 2007. In common parlance, they are the “offended party”. Will it be possible for them to come up with an honest decision in this case by eschewing their natural urge to avenge their humiliation at the hands of the former President?

2. Is it not a fact, that a majority of sitting judges of the Supreme Court had taken oath under the previous P.C.O. promulgated in the year 1999-200 0. It, therefore, does not behove well with them to pass judgment on the invalidity of P.C.O. issued in November, 2007.

3. Chief Justice Iftikhar Mohammad Chaudhary’s son’s case that had been referred to the Supreme Judicial Council for adjudication by the then President, Pervez Musharraf, was summarily dismissed by a bench of the Supreme Court .The detailed judgment in the case is, however, still awaited . It speaks volumes about the impartiality of the judges concerned.

4. An idea of what the fate of the present case against Pervez Musharraf was likely to be, can be had from the public pronouncement  of the Chief Justice of  the Lahore High Court, Khawaja Mohammad Sharif made on July 25th saying,” Musharraf will now face the bad time” and that, “former  President should be punished  for his unconstitutional steps “. What an irony as the case was sub-judice, but a senior and responsible member of the judiciary, tried to influence the proceedings of the superior court.

In view of the fore-going, it was genuinely felt, that the Supreme Court’s decision in the case under discussion, would not be what it should have been  had the case was adjudicated by the judges who were not affected by the P.C.O. issued in November, 2007.

Apprehensions expressed above as to the expected judgment in the case have proved true with the judgment pronounced by the Apex court on July 31, 2009 declaring the PCO of November 2007 as ultra-virus of the constitution. All judges who took oath under the said PCO have been bundled out. All orders passed or actions executed under the said PCO have been declared null and void. Nevertheless, certain inexplicable exceptions favouring the incumbent Govt. have been made in the said ruling. For instance, oaths of the incumbent President, Prime Minister and other important dignitaries taken under the said PCO have been termed as valid. Similarly, elections held in February, 2008 under the same PCO and the Parliament elected as a result thereof, have also been validated. This has been done behind the smoke-screen, “it was necessary for the smooth and undisturbed running of affairs of the State”. Obviously, these vital exceptions to the rule have been made exclusively to favour the incumbent President and his administration. Can this be termed as justice? Is it not a mockery of justice? As a result of general perception created among the intelligentsia, they accuse the judiciary for again resorting to the much maligned ‘doctrine of necessity’ in this case as well. And the concept of a free (‘Azad’) judiciary widely propagated by the interested persons/parties has become a laughing stock in the eyes of those who understand the ground realities.

3 comments

  1. excellent


  2. very well written but people are blindfolded and not ready to listen anything.hope one day things will get better


  3. Now a days Mr Nawaz Sharif and his party is quite vocal against Ex President of Pakistan for doing UNCONSTITUTIONAL acts and demanding a trial under article 6 for Ex President Musharraf for violating the constitution of Pakistan

    Nawaz Sharif and his party is now holding the torch of Free Judiciary even though Nawaz and his party attacked the Supreme court of Pakistan.

    I really feel pitty for Nawaz and his party as they are the one who should be hanged for taking UNCONSTITUTIONAL decisions.

    In 1998 Nawaz Sharif then Prime Minister of Pakistan made Military Courts in Sindh Province in the name of controlling Law and Order situation but the real motives were to crush MQM the Second Largest Political Party of Sindh and Third Largest of Pakistan for not supporting the 15th Amendment that makes Mr Nawaz Sharif Ameer ul Momineen.

    On 17th of Feburary 1999 a Bench of NON PCO JUDGES comprises of

    Chief Justice Ajmal Mian,

    Justice Saiduzzaman Siddiqui,

    Justice Irshad Hasan Khan,

    Justice Raja Afrasiab Khan,

    Justice Mohammad Bashir Jehangiri,

    Justice Nasir Aslam Zahid,

    Justice Munawar Ahmed Mirza,

    Justice Mamoon Kazi and

    Justice Abdur Rehman Khan.

    Unanimously declared the setting up of military courts

    for the trial of civilians as unconstitutional and without lawful

    authority.

    The Honorable Bench give the following Decision.

    “We are of the view that Ordinance No XII of 1998 as amended up-to-

    date in so far as it allows the establishment of military courts

    for trial of civilian charged with the offences mentioned in

    Section 6 and the schedule to the above ordinance are declared

    Unconstitutional, without lawful authority and of no legal effect,”

    According to this judgment by the 9 member NON PCO Bench, it is crystal clear that the then Prime Minister (Nawaz Sharif) and President Rafiq Tarar did conduct an Unconstitutional Act, which is declared by the Supreme Court of Pakistan as Unconstitutional and Un Lawful.( It is worth noting that Nawaz Sharif is asking for Musharraf Trial as Supreme Court of Pakistan termed 3 Nov 2007 Actions Un Constitutional and Illegal, the same Supreme Court cited on 17 Feb 1999).

    So if Mr Nawaz Sharif asked the Government to try Musharraf under article 6 for doing Unconstitutional and Un Lawful Act then Mr Nawaz Sharif Did the same in 1998 and the Supreme Court comprises of NON PCO Judges gave the same Verdict against Him as well, then He Should be Try under article 6 and should be hang for doing un constitutional Act as well.

    Now it is the duty of Civil Society and Lawyers Community and People of Pakistan to ask for the trial of Mr Nawaz Sharif, then Prime Minister who advised the then President Rafiq Tarar to issue an ordinance for setting up Military Courts, which was termed by the Supreme Court of Pakistan as Un Constitutional and Unlawful, Under article 6 for doing an UNCONSTITUTIONAL ACT.

    Lets see the so called Civil Society and Lawyers would comes out and ask for Mr Nawaz trial under Article 6 or not.

    This post is a big Question Mark on the people who wants trial of Musharraf under Article 6 for doing Unconstitutional Act but not asking trial of Mr Nawaz Sharif for the same.

    by Mr. Khalid Farooqi
    his blog is
    http://khaledfaroqi.wordpress.com/2009/08/15/nawaz-sharif-trial-article-6/



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