Wednesday, March 31, 2010

Fake Video of Swat Flogging, Alleged Justice & Lawyers Movement.

If Flogging is not Islamic as LHC Judge says then what about “Milad”??? Is Milad Islamic and if it is then where it is ordered in Sunnah to hold Milad Processions and Gatherings. Without even verification the Lahore High Court says that Flogging is not True Picture of Islam [Sunnah says it is very much Islamic to flog who is guilty]. I wonder if CJ [LHC) Khawaja Mohammad Sharif does even know about the Bida'at [Innovation] of celebrating of Prophet Mohammad [PBUH]'s Milad in the light of Quran and Sunnah for which Judiciary has suddenly found a place in every decision making particularly in any proccedding related with Zardari, Politicians and Elected Parliament.

RAWALPINDI, April 11: The flogging of a teenage girl in Swat does not portray the true picture of Islam as it is not clear whether or not the exact procedure for convicting her under religious laws was adopted and who had issued the Hadd and under what authority. This was stated by senior most judge of the Lahore High Court Justice Khwaja Mohammad Sharif while addressing a Mehfil-i-Milad arranged by the Lahore High Court Bar Association (LHBA) here on Saturday. The recently reinstated judge of the LHC said irrespective of the fact whether the video was real or fake, it was a conspiracy to malign Islam and bring a bad name to Pakistan showing the world that Islam was a religion of extremism. Mr Sharif, who was called chief justice of the LHC by the bar representatives, said Islam had laid very strict procedure to implement Hudood laws, almost making it impossible to apply. He questioned under what authority the girl was flogged and what procedure was adopted to declare her guilty. The justice said Islam demanded four witnesses with immaculate character for conviction or the confession of the accused person. The president of the HCBA highlighted the role of Prophet Muhammad (peace be upon him) as a legislator and a judge, saying the whole world has been taking benefit of the Islamic laws. The bar also arranged a Naat competition taking one lawyer from every district of Rawalpindi division. The competition was won by Chaudhry Zubair from Chakwal. The function was attended among others by four judges of the LHC, four session judges and lawyers. The HCBA had also invited Justice Maulvi Anwarul Haq, Justice Syed Sajjad Husain Shah and Justice Mazhar Hussain Minhas of the LHC’s Rawalpindi bench, earning the ire of the DBA Rawalpindi. REFERENCE: Girl’s flogging not true picture of Islam, says LHC judge By Our Reporter Sunday, 12 Apr, 2009 http://www.dawn.com/news/946423/girl-s-flogging-not-true-picture-of-islam-says-lhc-judge

One by One every character [Lawyer] of “Free Judiciary Movement” will be fixed because more than 50 innocent lives were "LOST" due to this “ACCURSED” Movement which was launched to provide safe exit to GENERAL MUSHARRAF/MILITARY ESTABLISHMENT to restore it’s “NON EXISTENT HONOUR” and restoring its PRE 12 OCT 1999 POSITION I.E. SOLE POWER IN PAKISTAN. LATIF KHOSA [ONE OF THE CAMPAIGNERS OF CJ'S PUNJAB TRIP] WAS THE FIRST: Latif Khosa dissatisfied with Justice Ramday Updated at: 1344 PST, Thursday, November 05, 2009 [GEO TV] - LATIF KHOSA [ONE OF THE CAMPAIGNERS OF CJ'S PUNJAB TRIP] WAS THE FIRST - ISLAMABAD: Former Attorney General Sardar Latif Khosa filed a petition at Supreme Court (SC) for the exclusion of Justice Khalilur Rehman Ramday from the bench constituted to hear the corruption case filed against him (Khosa), Geo News reported Thursday. The petitioner Sardar Latif Khosa said in his plea that Justice Khalil is biased, as he passed antagonistic remarks during the hearing of a case relating Benazir Bhutto. Latif Khosa also attached with the petition a resolution of Lahore High Court Bar passed in 1998 against Justice Khalilur Rehman Ramday. It should be mentioned that corruption case against Latif Khosa is scheduled to be held tomorrow with a five-strong bench headed by Justice Khalilur Rehman Ramday. Earlier, Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry also separated from a bench hearing the same case. REFERENCE: Latif Khosa dissatisfied with Justice Ramday Updated at: 1344 PST, Thursday, November 05, 2009 http://www.geo.tv/11-5-2009/52432.htm

RASHEED A. RIZVI IS FIXED YESTERDAY i.e. 30 March 2010.


DAILY EXPRESS KARACHI, DATED 31 MARCH 2010.


KURD WAS FIXED SOME DAYS BACK,
LAHORE: Judges of the higher judiciary are making up their minds about cases after reading newspaper headlines and watching TV shows, former president Supreme Court Bar Association (SCBA) Ali Ahmed Kurd said on Tuesday. Describing the present situation as “justice hurry and justice worry”, Kurd deplored the fact that the judges were visiting and addressing the bars and said they would have to “prove themselves worthy of their positions”. According to Kurd, judges in the United States neither read newspapers nor watched TV programmes, but focused only on their work. - ISLAMABAD: Ali Ahmed Kurd, the firebrand leader of the lawyers’ movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said. Speaking during a talk show on “Challenges facing the judiciary”, he said that people had reservations about the verdict handed down by the Supreme Court on petitions challenging the National Reconciliation Ordinance.

According to him, the judgment appeared to be based on newspaper headlines and talk shows of private TV channels. Mr Kurd said that an independent judiciary had been restored after a great struggle, adding that the country would become stronger if the judiciary acted in the manner expected by the nation during the struggle. “If it does not happen, it will cause a blow to national security.” He said he had been invited by various bar councils after the restoration of the judiciary, but he preferred to keep quiet. He said he did not attend functions where the chief justice had been invited and quit his practice as a lawyer in the Supreme Court. It was astonishing to see judges visiting bar councils, he added. Mr Kurd described the National Judicial Policy as detrimental to the judicial system. He pointed out that a deadline of Dec 31 had been set for courts to decide cases. He said the maxim of ‘justice hurried is justice buried’ would turn out to be true in many cases because these, including cases of murder and dacoity, and the rights of defence and the practice of producing evidence of many people would be compromised due to paucity of time. Human Rights Commission of Pakistan Chairperson Asma Jehangir also criticised the Supreme Court’s judgment on the NRO and said it appeared to be a decision pronounced by a ‘jirga’. She was of the opinion that the NRO could have been declared null and void by merely declaring it as repugnant to Article 25 of the Constitution, but a Pandora’s box had been opened by the court. Syed Iqbal Haider and Justice (retd) Tariq Mehmood also spoke on the occasion. REFERENCES: Kurd unhappy over SC verdict on NRO By Iftikhar A. Khan Wednesday, 23 Dec, 2009 http://www.dawn.com/news/954680/kurd-unhappy-over-sc-verdict-on-nro Judges deciding cases on media lines: Kurd Daily Times Monitor Wednesday, December 23, 2009 http://dailytimes.com.pk/default.asp?page=2009\12\23\story_23-12-2009_pg7_12


PESHAWAR: A resident of Swat, who claims to have prepared the fake video of flogging of a girl in Swat, has termed it drama and revealed that he received Rs0.5 million for doing so before the launch of military operation ‘Rah-e-Rast’. Before the operation ‘Rah-e-Rast’, an NGO financed preparation of fake video of flogging in which they portrayed the Tehrik-e-Taliban Pakistan (TTP) members flogging a woman. The provincial government and Malakand Commissioner Syed Muhammad Javed ordered investigations and sought report from the authorities concerned. After the successful operation in Malakand division, the law-enforcement agencies had arrested the children who were present in the video while a resident of Swat was apprehended by Kohat administration. The children and the arrested man revealed that the video was fake and said that it was made on the demand of Islamabad-based NGO which provided him Rs0.5 million. Sources revealed that woman who was flogged in the video was also arrested and she revealed that she had received Rs0.1 million while Rs50,000were given to each child. Sources said that the NGO produced the video to defame the country’s integrity and respect. Sources stated that the law-enforcement agencies dispatched the report about the arrests of the culprits and proposed action against the NGO. They also said that the security agencies also apprehended the TTP workers who flogged the people. REFERENCE: Video of girl’s flogging in Swat was ‘fake’ Monday, March 29, 2010 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=231461&Cat=7&dt=3/29/2010

The video was a fraud [prepared by the sister of a Lawyer who was Chief Spokesman for the Former Defunct CJ Iftikhar M Chaudhry] no doubt and created to Restore the Status of Armed Forces in the Eyes of Pakistan as a Force which can restore peace [whereas they are themselves responsible for Bloodletting in FATA and NWFP]. Shouln’t Mr Athar Minallah be brought to Justice as well because abetting in a crime is tantamount to committing a crime. Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002) by General Musharraf Military Regime. REFERENCE: Musharraf Consolidates His Control With Arrests By JANE PERLEZ Published: November 4, 2007 http://www.nytimes.com/2007/11/04/world/asia/04cnd-pakistan.html?_r=1&hp


Jang Group is quite strange because it keeps everybody happy

Islamabad: While the video tape of a seventeen-year-old girl being flogged by the Taliban has led to countrywide protests and condemnation, the NWFP government has questioned the authenticity of the video tape. But those who released the video claim that the video is both genuine and recent. Samar Minallah, the human rights activist and documentary film-maker, while talking to The News said that the video was being circulated from mobile phone to mobile phone and from person to person. She said that she received the video via email from a human rights activist of Swat. Talking about the authenticity of the video Minallah said that everyone in Swat knows that the incident took place but unfortunately the NWFP government wants to divert the attention of the masses from the actual issue of harassment of women. She said that the facts and figures would be produced before the Supreme Court and everyone would come to know about the authenticity of the video. “NWFP minister Mian Iftikhar directly named me while addressing a press conference yesterday while today the NWFP government has been apologising over directly blaming me”, said Samar Minallah adding: “I have got nothing from publicising this horrific video except putting my life in danger and if the government cannot provide me security then at least it should not divert the attention of the masses.” She said that the dialect which the girl was speaking was purely of Swat as she herself has worked in Swat and any Pushtoon could recognise it. Samar said that Muslim Khan, the spokesman of Taliban in Swat, accepted that the incident took place and also told the media that the girl had an illicit relationship with her father-in-law. “If the incident did not take place then how come Muslim Khan came to know about the allegations levelled against the girl?”, said the human rights activist adding: “Muslim Khan said the actual punishment to be awarded to the girl was stoning to death but she was flogged.”

She said that a writer contributing to the BBC had confirmed that the incident was recent and from Swat. She referred to a human rights activist of Swat who when contacted requested anonymity as publishing his name could put his life in danger. The human rights activist said that the video was so common in Swat that everyone was aware of it. The activist had said that he received the video from Taliban who were not happy with the incident as it was un-Islamic because the girl had not faced any trial. “Many Taliban were not happy with the incident and they themselves had made the video and circulated it”, said the human rights activist adding: “The girl’s younger brother was forced to hold her at gunpoint and the man lashing the girl also abused that boy which could be heard easily; the Taliban said to that boy, “Pimp, take her inside the house?” The activist from Swat said that the incident took place in a remote area near village Serbanda in upper Swat and many Taliban say that it was an illegal activity as proper procedure of having four witnesses was not adopted. He was of the view that the video was recent and there were many other similar incidents which could not be highlighted by the media. REFERENCE: Swat video is genuine, claim activists Sunday, April 05, 2009 By Usman Manzoor http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=21338&Cat=13&dt=4/5/2009

And if that was not enough the group which was supporting the Flogging Video was also supporting Mr. Ansar Abbasi who was the harshest critique of that Video:

The protests against the vilification campaign and death threats to the Editor Investigations The News continued in the New Year as well, as the journalist community also backed their profession fellow by protesting in front of the Press Club. Dozens of common people also gathered in front of Geo building to show solidarity with Ansar Abbasi. A sit-in led by President Rawalpindi Islamabad Union of Journalist (RIUJ) Afzal Butt was staged to condemn death threats to a senior journalist because of his daring reports against the government allies and top judicial officer-bearer of the country. The RIUJ president said the threats to Ansar Abbasi were in fact threats given to the whole journalist community. “We all stand by Ansar Abbasi and urge the government to take serious notice of the threats,” Butt said.

Earlier, the Executive Committee of RIUJ also unanimously passed a resolution condemning the death threats to Ansar Abbasi. Meanwhile, the civil society, traders and common citizens, who have been protesting in the twin cities and Murree to show solidarity with Ansar Abbasi, once again staged a protest demo in front of the Geo TV Building. The participants of the Monday’s sit-in were holding placards favouring the daring journalist of Jang Group. Arshad Abbasi, Jamil Abbasi, Aziz Satti, Sawar Satti, Ather Minallah, Tahira Abdullah and Jahangir Akhtar were prominent among the participants. Addressing the participants, Arshad Abbasi paid rich tributes o the editor investigations, The News, and said media was not a governing authority anywhere in the world but it was the duty of media to highlight the malpractices, and this was what Ansar Abbasi was doing. He said Pakistanis were proud of Ansar Abbasi because of his daring reports. Ather Minallah said the current government was a continuation of Musharraf regime and media was not let to perform its duties freely. He said it was unfortunate that the poor people of Pakistan were being suppressed at the hands of elites, but now it was the time to change. He said the inhabitants of the capital would not tolerate any harassment of Ansar Abbasi and would tackle every attack directed towards him. Tahira Abdullah said Ansar Abbasi was a representative of 160 million Pakistanis. She said the whole credit goes to Ansar and the Jang Group for practicing daring and upright journalism. Speakers were of the view that media in Pakistan was the only tool which exposes the wrongdoings of the politicians and top officials, and it was not let to work. They said the whole nation was behind the Jang Group and its daring journalist Ansar Abbasi because of practicing transparent and factual journalism. REFERENCE: Journalists protest threats to Ansar Abbasi Wednesday, January 07, 2009 our correspondent Islamabad http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=156056&Cat=6&dt=1/7/2009

AND CHIEF JUSTICE OF SUPREME COURT OF PAKISTAN AND HIS BROTHER JUDGES ARE EVEN MORE STRANGE WHO INSTEAD OF INVESTIGATING THE MATTER THOROUGHLY TOOK SUE MOTO NOTICE. THEY FORGOT THE "QURAN" WHICH THEY FONDLY QUOTE ON NRO.


يَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءكُمْ فَاسِقٌ بِنَبَأٍ فَتَبَيَّنُوا أَن تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَى مَا فَعَلْتُمْ نَادِمِينَ

O ye who believe! If a wicked person comes to you with any news, ascertain the truth, lest ye harm people unwittingly, and afterwards become full of repentance for what ye have done. [AL-HUJRAAT (THE PRIVATE APARTMENTS, THE INNER APARTMENTS) Chapter 49 - Verse 6]

Punishment of Qazaf:))) [LASHES FOR FALSE TESTIMONY]

ISLAMABAD: The Chief Justice of Pakistan (CJP), Justice Iftikhar Muhammad Chaudhry, on Friday took suo moto notice of a girl’s flogging in Swat and issued notices to the federal interior secretary and the chief secretary as well as the inspector general police, NWFP, to personally appear before the court on Monday. He also directed the federal interior secretary to procure and produce the victim (girl) before the court on the date fixed. According to Reuters grainy video footage, which emerged on Friday, apparently shot with a mobile phone camera shows militants making the burqa-clad girl lie on the ground on her stomach. One man holds her feet and another her head while a third man with a black beard and turban flogs her with a leather strap. Men can be seen looking on. “For God’s sake, stop it … hang on, hang on,” the girl cries as the man beats her across the buttocks. A militant commander off-camera can be heard giving orders as the girl squirms and whimpers under the blows: “Hold her feet tightly, hold her hands tightly.” Human rights activist Samar Minallah said the girl was from a poor family and was flogged after a neighbour told the Taliban she had had an affair. “They did this brutality just on suspicion. There was no trial. No evidence, no witness was produced,” she said. The chief justice ordered fixation of the matter under the Article 184(3) of the Constitution before an eight-member larger bench of the Supreme Court to be headed by him (CJP) on Monday. The larger bench consists of Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice Raja Fayyaz Ahmed and Justice Ch Ijaz Ahmed. In this respect, notices have also been issued to the attorney general (AG), NWFP advocate general and Peshawar High Court Bar Association president to appear on the fixed date to assist the court. The CJP took a serious notice on a video clipping screened on private television channels. In his suo-moto notice, the CJP said the matter was a serious violation of fundamental rights, guaranteed under the Constitution.

The CJP observed that the exact place/venue of the incident and the circumstances under which the punishment by whipping was administered was not known, it certainly constituted a serious violation of law and fundamental rights of the citizens of the country. Geo TV, which showed the video of the incident, has also been directed to produce the CD of the incident. Three private TV channels have also been asked that they may jointly compile the video material of the incident and arrange to display the same before the court on Monday. According to a press statement, issued by the Supreme Court registrar office, Geo News Television Channel released a video film on Friday of a 17-year-old girl being whipped in public. The punishment was administered by some unknown persons. In the film, one person had held the girl from hands, the other from feet and the third one was beating her with a whip. The victim girl was continuously crying/screaming. The charge was that she went out of her home with a “Namahram”. The exact place of incident was not reported; however, it appears to be some place in Mingora or some village in Swat. Probably, the said news was also released by the foreign media, the statement said. It said that it is a very cruel act, violation of the fundamental rights and gives a very bad name to the country. The treatment is also in violation of Islamic norms/principles.

It further said the Constitution of Pakistan guarantees fundamental rights of its citizens. No person can be deprived of life, liberty without due process of law. The dignity of person is inviolable. No person can be subjected to torture or other cruel, inhuman or degrading treatment/punishment. Whipping is prohibited by law. The incident, therefore, constitutes a serious violation of the Constitution/law. “It may be pointed out that according to Article 247 of the Constitution, the executive authority of the Federation extends to the Tribal Areas, including the Provincially Administered Tribal Areas (Pata). The federal/ provincial laws do not automatically apply to the Tribal Areas; however, such laws can be extended to it with the approval of president/governor,” the statement said. It said the relevant portion of the Article 247 says: “Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a province shall extend to the Provincially Administered Tribal Areas therein.” Neither the Supreme Court nor a high court shall exercise any jurisdiction under the Constitution in relation to a tribal area, unless Majlis-e-Shoora (Parliament) by law otherwise provides: “Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a high court exercised in relation to a Tribal Area immediately before the commencing day.” It is pointed out that in the 1970s, the Supreme Court and high court jurisdiction was extended to Pata. So, in view of the above, the CJP may consider taking action in this matter under the Article 184(3) of the Constitution.

Meanwhile, President Asif Ali Zardari and Prime Minister Syed Yousuf Raza Gilani strongly denounced the flogging in public of a young woman and called for a report from the government and apprehending those involved in the heinous crime. Spokesman for the president Farhatullah Babar said the president was shocked over this act of barbarism and had asked for a report from the government and the local administration.The spokesman said the inhuman and barbaric punishment meted out to the woman had made the heads of the people hang in shame. “For its sheer atrocity, the incident will continue to haunt the people and the country even in a distant age and clime,” he said. He said the perpetrators of the crime had done a great disservice to humanity, religion and morality. “Such barbarism is unpardonable and cannot be tolerated; it will not be,” he said. The prime minister also ordered the authorities to inquire into the incident and submit a report. He said, “The incident was also contrary to the Islamic principles, as our religion teaches us to treat the women politely and gently.” The prime minister said, “The government believes in the rights of women and will continue to take every measure to protect their rights.” REFERENCE: CJ takes notice of girl’s flogging Saturday, April 04, 2009 – Orders production of victim in court on Monday; constitutes eight-member larger bench; president, PM condemn, order inquiry into incident By Sohail Khan and Asim Yasin http://www.thenews.com.pk/top_story_detail.asp?Id=21319

ANARACHIST LAWYERS: THOSE WHO SUPPORT JUDICIARY RATHER JUDGES OFTEN INSULT PEOPLE OF PAKISTAN WITH SWEEPING STATEMENTS.

QUETTA: President of Supreme Court Bar Association Qazi Muhammed Anwar said the Parliament cannot usurp the freedom of the judiciary, Geo News reported Saturday. Addressing lawyers at District Katchehry here, he said the judiciary is free to function under the Constitution and nobody including Parliament would be allowed to restrict its independence. Qazi continued the smugglers sitting at the Parliament could not be allowed the power to appoint judges, adding lawyers will correct themselves if all the institutions are back on the right path. It is unthinkable under the Constitution to have a criminal as President of the state, as President needs to be free from all crimes including corruption under Article-248 of the Constitution, he maintained. Reacting to the kidnapping of a lawyer, Iftikharul Haq, Qazi Anwar said he is satisfied with the government development, adding he hoped that Iftikhar would soon be free. - Supreme Court Bar Association (SCBA) President Qazi Muhammad Anwar has warned that the move to make the judiciary subservient to parliament would be opposed, saying that the smugglers sitting in the parliament would not be authorized to appoint judges, a private TV reported. Addressing the lawyers in Quetta, Qazi said that parliament is noted just as an independent institution in the constitution and not supreme. Qazi warned the constitutional committee against pursuing the policy to muffle judiciary. He urged the Balochistan lawyers to continue their strike until recovery of Iftikharul Haq. REFERENCE: Smugglers in Parliament cannot appoint judges Updated at: 1313 PST, Saturday, March 27, 2010 http://www.geo.tv/3-27-2010/61831.htm SCBA rejects judges’ appointment by ‘smugglers’ in Parliament March 27, 2010 http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/27-Mar-2010/SCBA-rejects-judges-appointment-by-smugglers-in-Parliament

While the PML-N chief’s recent statements have brought the constitutional reforms committee back to square one, Supreme Court Bar Association President Qazi Anwar’s statement that “smugglers in parliament” could not be given the authority to appoint judges reflects the real intent of the mindset operating against a parliament struggling to establish its supreme authority over all other state institutions. It is no more a secret that an SCBA delegation – led by Qazi Anwar – met the PML-N chief with an agenda. Nawaz assured the delegation of his support, and said he would never let the judiciary be undermined by parliament – the ‘mother’ of all institutions in a democracy. If the increasing hobnobbing between the PML-N and the Qazi Anwar-led legal fraternity needs proof, it would be suffice to state here that the PML-N chief is yet to condemn Qazi’s statement on parliamentarians, while everybody else – in the Senate and the National Assembly – has squarely censured the statement. At the same time, one has to wonder why the entire party leadership – including the hawks and doves – is struggling and finding it hard to defend their chief’s U-turn. PML-N leaders appear quite at loss when it comes to their chief’s statement that Law Minister Babar Awan should not be part of the judicial commission on the appointment of judges, as they know it is the ministry rather than the person in charge that gets representation. AS PER THE NEWS INTERNATIONAL - Supreme Court Bar Association (SCBA) President Qazi Anwar, who along with his team held two sessions with the PML-N chief at Jati Umrah on Saturday, told The News on phone from Lahore that Nawaz Sharif had assured them that his party would convince the parliamentary committee to reconstitute the judicial commission to the extent of reducing its members from six to five by dropping the law minister as its member. He said the PML-N chief, who was assisted by Chaudhry Nisar Ali Khan, Shahbaz Sharif, Ishaq Dar and Khawaja Haris, said that although it would not be possible for his party to get the recommendations pertaining to judges’ appointment changed altogether, yet it would be ensured that the Commission’s recommendations would be made binding on the parliamentary committee and that if it disagrees on any name, it has to give reasons in writing with the support of the 3/4th of its total members.

These reasons, Qazi Anwar explained, however, would be justiciable i.e. such reasons could be adjudicated by the court. He said the PML-N offered that it would strive for the revision of the judicial commission to the extent that it should include three judges including the Chief Justice of Pakistan, who would also be its chairman, as its members in addition to the attorney general and the Supreme Court Bar Association president. Qazi Anwar said that he and his team members disapprove the recommendations of the Rabbani Committee and dubbed it as a conspiracy against the independent judiciary to which, according to him, Nawaz Sharif and Chaudhry Nisar Ali Khan said that their party would do everything to preserve and protect the freedom and independence of the judiciary. The SCBA president said that his team told the PML-N leadership that instead of setting up a commission and a parliamentary committee, parliament could consider the Indian model where a collegium of judges makes the appointments in the superior judiciary. The SCBA president said that his team told the PML-N leadership that instead of setting up a commission and a parliamentary committee, parliament could consider the Indian model where a collegium of judges makes the appointments in the superior judiciary.

He said that Nawaz Sharif told the lawyers that he recently talked to Prime Minister Yousuf Raza Gilani, asking the latter to refer the recommendations concerning the judiciary to the Chief Justice of Pakistan for his input. Qazi Anwar said that he opposed this for the reason that such an informal consultation with the judiciary would be in conflict with the judiciary’s mandate to review any law or constitutional provision. How would the Supreme Court adjudge such a constitutional amendment if it is tomorrow challenged, Qazi wondered, and added that it also compromises with parliament’s right to make a law or amend the Constitution. Qazi said that the Supreme Court always has the right to adjudicate on any law or constitutional amendment. The SCBA president said that a convention of lawyers held in Lahore on Thursday also rejected the Rabbani recommendations concerning the judiciary. REFERENCE: ‘Mr Nawaz, the nation wants in on what you know’By Muhammad Akram Wednesday, March 31, 2010 http://www.dailytimes.com.pk/default.asp?page=2010\03\31\story_31-3-2010_pg7_30 Nawaz for new judicial commission - Wants law minister to be dropped as member and recommendations to be made binding By Ansar Abbasi Sunday, March 21, 2010 http://www.thenews.com.pk/top_story_detail.asp?Id=27889


Qazi Anwar was sentenced nine months in jail for possessing explosives in 1979, adding Lahore High Court curtailed his punishment; however, his charge was kept unchanged. PESHAWAR: Peshawar High Court’s Barrister Bacha requested Pakistan Bar Council’s Executive Committee for the ineligibility of Supreme Court Bar Association President Qazi Muhammed Anwar, Geo News reported Monday. Talking to Geo News, Bacha said Qazi Anwar was sentenced nine months in jail for possessing explosives in 1979, adding Lahore High Court curtailed his punishment; however, his charge was kept unchanged. Bacha said a convicted person cannot be the representative of the lawyers; therefore, he demanded the removal of Qazi from his office. He said the PBC’s executive council directed Qazi Anwar to appear before the body on February 14 for explanation in this connection. REFERENCE: PBC approached for Qazi Anwar’s ineligibility Updated at: 1445 PST, Monday, February 01, 2010 http://www.thenews.com.pk/updates.asp?id=97613



Monday, February 01, 2010, Safar 16, 1431 A.H
http://www.jang.com.pk/jang/feb2010-daily/01-02-2010/u19629.htm

Rogue & Terrorist Lawyer of Supreme Court Bar Insults Pakistani Voters.

Sindh Assembly members on Monday took strong exception to the statement of President Supreme Court Bar Association (SCBA) Qazi Anwar and termed it an insult to the august house. PPP’s parliamentary leader Pir Mazhar-ul-Haq said that the SCBA president had breached the privilege of legislators by saying that “smugglers and rogues” were sitting in the parliament. He condemned such attitude of the leader of lawyers’ body, saying that the lawyers were supposed to follow their code of conduct, which calls for using cautious language and avoiding allegations. He said that good and bad people happen to be everywhere but it was not advisable to generalize the matter. Minister for Law Mohammed Ayaz Soomro said that parliament was a supreme body that makes the constitution. MQM’s Shoaib Bukhari said that Qazi Anwar has “belittled” his stature by using such awkward language. He said that Supreme Court exists because of parliament, adding, if the lawyers continued this attitude the people might stop respecting them. Speaker Nisar Ahmed Khuhro observed that the legislators could move a privilege motion to summon the SCBA president before the PA body. -
ISLAMABAD: The statement of President Supreme Court Bar Association (SCBA) Qazi Anwar in which he labelled the parliamentarians as “smugglers” made the legislators protest strongly against these remarks in the National Assembly and urged the House to move a joint privilege motion against these remarks. Raising the issue on a point of order on Monday, PML-Q legislator Waqas Akram Sheikh contended that the SCBA president had declared all the parliamentarians “thieves and smugglers” without any evidence and thus insulted parliament that is a supreme body. He proposed for a joint privilege motion of the House against such remarks so that no body could level charges against parliamentarians without any evidence.PML-N legislator Khawaja Saad Rafiq declared the SCBA president as an unbalanced person, who should not be taken seriously yet he opposed any motion against him. But PPP legislator Nadeem Afzal Gondal, who supported Sheikh Waqas Akram’s view of presenting the joint privilege motion against the SCBA president’s remarks, at the same expressed the desire that some anchor persons and a section of the media should also be included in it. However, independent legislator Saima Bharwana and PPP legislator Syed Zafar Ali Shah opposed the proposal to move a privilege motion. Saima Akhtar Bharwana said rather than focusing on these remarks there is a need to question those legislators, who spent two years in the House with fake degrees. “The government should go into a review petition with a plea to put a life ban on those who got fake degrees and recover all the money from them spent in two years on their perks and privileges,” she added. While Syed Zafar Ali Shah was of view that rather than focusing on this issue there is need to consume the energies on the issues relating to people. Earlier, raising the issue on a point of order, Sheikh Waqas Akram suggested that the Parliamentary Committee on Constitutional Reforms was still working so they should be requested to add a clause to the Constitution that anybody who accused the parliamentarians without any evidence would be liable to contempt of parliament. REFERENCES: MPAs take strong exception to SCBA president’s comment By our correspondent Tuesday, March 30, 2010 Karachi http://www.thenews.com.pk/daily_detail.asp?id=231614 Qazi Anwar under fire in NA By Asim Yasin Tuesday, March 30, 2010 http://thenews.jang.com.pk/top_story_detail.asp?Id=28072

LAHORE: Protests against a lawyer slapping a civil judge in a Faisalabad courtroom are still being registered, as at least one hundred civil judges of Lahore have decided to go on leave, a private TV channel reported on Saturday. According to the channel, civil judges in the provincial metropolis and Arifwala also demanded a one-month leave of absence in protest against the slapping incident. Liaquat Javaid advocate had slapped Civil Judge Tariq Mehmood in a local Faisalabad court during case proceedings. Meanwhile, lawyers have warned that they would continue to boycott courts until the withdrawal of charges against Liaquat, while court proceedings in Pakpattan and Arifwala remained suspended for a second day on Saturday. REFERENCES: 100 civil judges go on leave over slapping incident Daily Times Monitor Sunday, March 28, 2010 http://www.dailytimes.com.pk/default.asp?page=2010\03\28\story_28-3-2010_pg7_6 Lawyer slaps civil judge in Faisalabad By Muhammad Saleem Tuesday, 23 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/19-lawyer-slaps-judge-in-faisalabad-330-hh-03


ARIFWALA: Four civil judges resigned from their offices here on Friday to protest against the misbehaviour with their colleague by a lawyer in Faisalabad. The four civil judges — Adnan Mushtaq Bhatti, Manzoor Hussain, Imtiaz Hussain Sheikh and Adnan Anjum Gondal — sent their resignations to Additional Sessions Judge Mehmoodul Hassan. Earlier, the four civil judges locked their courtrooms for an hour. After opening their courtrooms, the judges went to their residences to register their protest. They demanded immediate arrest of the accused. Our Rawalpindi correspondent adds: The judicial work in the Rawalpindi district courts remained suspended as all the civil judges went on a strike against the Faisalabad incident. REFERENCE: Slapping of judge by lawyer in Faisalabad Saturday, March 27, 2010 By our correspondent http://www.thenews.com.pk/print1.asp?id=231159

FAISALABAD: Forty-five civil judges of district Faisalabad on Monday tendered their resignations in protest against manhandling of their colleague, Tariq Mehmood Kahot, allegedly by an advocate in the court. The civil judges, in their resignations delivered to the Senior Civil Judge, made it clear that if the accused advocate, Liaquat Javaid, was not taken to task under the law on charges of disgracing, humiliating, manhandling and abusing in the presence of the court officials, litigants and other lawyers, they would not perform their duties from the next working day, Wednesday. Civil Judge Tariq Mehmood Kahot reportedly took up a case in which the court bailiff had taken into custody an accused involved in a default case. Liaquat Javaid, counsel for the accused, asked the judge to release the accused as the default amount had already been deposited. The learned judge, after perusing the file and record of the case, observed that there was no such receipt of payment on the file and declared his inability to entertain the contention of the advocate. On this, Liaquat Javaid Advocate flared up and started abusing the learned judge. He rushed to the dais of the court and allegedly slapped the judge repeatedly and beat him up severely. The court officials and some lawyers, after hectic efforts, succeeded in rescuing the judge, who went into his retiring room. REFERENCE: Judge slapped 45 civil judges resign in protest Tuesday, March 23, 2010 http://thenews.jang.com.pk/top_story_detail.asp?Id=27927

Tuesday, March 23, 2010, Rabi-us-Sani 06, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/23-03-2010/main2.htm


BLIND AND RAMPAND JUSTICE - Chief Justice threatened Sharif [Time Weekly]

To his supporters, and there are many, Pakistan’s Supreme Court Chief Justice Iftikhar Chaudhry is a hero, a man of honor who stood up for an independent judiciary and defied the diktats of former President Pervez Musharraf — and who continues to hold the political establishment accountable. To his detractors, however, Chaudhry is an activist jurist with unbridled powers, a populist with grandiose political ambitions. In a country where politics can get very personal, the Chief Justice’s relationships with the pillars of civilian and military power, President Asif Ali Zardari and Army Chief of Staff General Ashfaq Kayani respectively, could be important in shaping Pakistan’s transition from de facto military rule to civilian democracy. And those relationships are likely to be tested in the tussle over a package of wide-ranging constitutional reforms that was due to be introduced to parliament on Friday, whose purpose is to reverse changes made by previous military rulers, trim the power of the presidency, and alter the procedure for Supreme Court appointments. The bill would take Supreme Court appointments out of the hands of the president, who now makes nominations after consulting with the chief justice, and place them before a government legal committee that also includes several justices. Unlike the present system, judges would have to be confirmed by a parliamentary vote. The proposed reforms have widened the rift between Chaudhry and the government that has grown since the Chief Justice last year struck down amnesty decrees by Musharraf that protected many senior figures in government — including Zardari himself once out of office — from prosecution on corruption charges. And some saw the Chief Justice’s hand in the eleventh-hour stalling of parliamentary debate on the package on Friday by opposition leader Nawaz Sharif, who objected to proposals on the selection of judges. Sharif’s opposition, some senior politicians suggest, results from being pressured by Chaudhry, who is allegedly opposed to having his own power in the selection of judges curtailed. “The chief justice threatened [Sharif]. He said he’d open up all cases against him,” a senior leader of the ruling Pakistan People’s Party said on condition of anonymity. “He’s become an absolute dictator.”

On the contrary, says a legal expert at the Supreme Court and Chaudhry associate speaking on condition of anonymity, the conflict is caused by the “government [wanting] a chief justice and court which is compliant, not independent.” The standoff over how judges are selected could have far-reaching implications in a political order feeling its way towards democracy, with the different branches of government are “attempting to first stretch the bounds of their authority and second, to learn how to work with each other,” says Samina Ahmed, Pakistan director for the International Crisis Group, a global policy-research center. “The problem in Pakistan has [historically] been with the military’s intervention, transitions have been disrupted, and the judiciary in the past has supported every military intervention.” But as the two civilian branches of government tussle over their powers, neither appears to have clear backing from the military, whose preferences are often decisive. Still, some Pakistani media commentators suggest that the generals may be colluding with the judges to limit the power of government, already groaning under the weight of the president’s sagging popularity. They point to a stalled but soon-to-be-reopened Supreme Court case that accuses intelligence agencies of using the “war on terror” as a pretext to secretly detain thousands of citizens suspected of links to Baluchi separatists and other radical groups. The local Dawn newspaper reported last month that Supreme Court Justice Javed Iqbal said that the court “would not like to create the impression that it was out to destroy or tarnish the image of intelligence agencies” with regard to these cases. Chaudhry had in 2007 begun to investigate the issue of Pakistanis alleged to have disappeared into secret custody before he was deposed by Musharraf, and had ordered members of the security forces to produce several of the missing in court. Now, some media commentators are suggesting that Chaudhry is retreating from that fight. Chaudhry’s supporters deny the claim, and say that the court will not shy away from prosecuting any security officials who have broken the law. Whatever the outcome of the particular battles over constitutional powers and various court cases, what remains clear is that Justice Chaudhry, while holding an office that is ostensibly above politics, will remain in the thick of it. REFERENCE: Pakistan’s Chief Justice Takes on its Political Class By RANIA ABOUZEID / ISLAMABAD Saturday, Mar. 27, 2010 http://www.time.com/time/world/article/0,8599,1975646,00.html

Tuesday, March 30, 2010

Judicial Dictatorship & Attorney-Client Privilege.

ISLAMABAD: Supreme Court has ordered arrest of former DG FIA Finance Ahmad Riaz Shaikh and sent him to jail. The court has also ordered NAB to seized assets of Riaz Shaikh and submission of report within three days. The apex court has also restored the punishment of five years imprisonment and Rs. 20 million. - EARLIER - ISLAMABAD: A seven-member of the SC headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the corruption case against Riaz Sheikh, FIA’s additional DG Finance. Court voiced annoyance at Acting Chairman of NAB for not appearing before the court. When he came to the court, the SC ordered him to present by this afternoon the report on the implementation of the NRO verdict The CJ addressed the NAB acting chief, ‘If you fear, then go home. You are doing your job and want to get the SC slurred.’
[Justice (R) Rasheed A. Rizvi]The CJ Chaudhry expressed surprise saying how Riaz continued in a high office despite being accused of massive corruption. The court also called Home Secretary. The court also scolded the Rasheed A Rizvi for pleading the case for Ahmed Riaz Sheikh. The CJ said the court ordered to restore the accountability cases to October 5, 2007 position; however, the matter is being slighted with letters being addressed to the Attorney General and sometimes to the Law Secretary. - As per Daily Dawn - The court questioned Advocate Rasheed A. Razvi for pleading the case of Mr Sheikh while being the president of a bar association. The counsel replied that he strongly believed in the established principle that justice should not only be done but appear to have been done. REFERENCES: NAB chief to be jailed for defying court order: SC warns Updated at: 1245 PST, Monday, March 29, 2010 http://thenews.jang.com.pk/updates.asp?id=101739 SC irked by govt failure to implement NRO verdict By Nasir Iqbal Tuesday, 30 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-irked-by-govt-failure-to-implement-nro-verdict-030 SC sends ex-FIA official to jail Updated at: 1358 PST, Tuesday, March 30, 2010 http://www.geo.tv/3-30-2010/61999.htm


DAILY EXPRESS KARACHI, DATED 31 MARCH 2010.




DAILY JANG UPDATE: Monday, March 29, 2010, Rabi-us-Sani 12, 1431 A.H http://www.jang.com.pk/jang/mar2010-daily/29-03-2010/u25718.htm

The so-called Upholder of Law Openly Violate Constitution and Law themselves by asking questions from an Attorney of a Defendant "The court also scolded the Rasheed A Rizvi for pleading the case for Ahmed Riaz Sheikh"

Whereas 1973 Constitution of Pakistan says;

"QUOTE"

nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. Reference: 9. security of person. 10. Safeguards as to arrest and detention. PART II Fundamental Rights and Principles of Policy Chapter 1. FUNDAMENTAL RIGHTS http://www.pakistani.org/pakistan/constitution/part2.ch1.html

"UNQUOTE"

Pakistani Judiciary since the decision against NRO often quote and cite International Cases [regarding bringing back the looted national wealth] to justify its decision against NRO but the same Judiciary often forget an old International practice i.e. Attorney-Client Privilege, a note is as under:

"QUOTE"

Attorney-Client Privilege

Background

The ATTORNEY-CLIENT PRIVILEGE is an evidentiary rule that protects both attorneys and their clients from being compelled to disclose confidential communications between them made for the purpose of furnishing or obtaining legal advice or assistance. The privilege is designed to foster frank, open, and uninhibited discourse between attorney and client so that the client's legal needs are competently addressed by a fully prepared attorney who is cognizant of all the relevant information the client can provide. The attorney-client privilege may be raised during any type of legal proceeding, civil, criminal, or administrative, and at any time during those proceedings, pre-trial, during trial, or post-trial.

The privilege dates back to ancient Rome, where governors were forbidden from calling their advocates as witnesses out of concern that the governors would lose confidence in their own defenders. In 1577 the first evidentiary privilege recognized by the English COMMON LAW was the attorney-client privilege. The English common law protected the confidential nature of attorney-client communications, regardless of whether those communications took place in public or in private. The American colonies adopted this approach to the attorney-client privilege, and Delaware codified the privilege in its first constitution in 1776.

The Elements, Scope, and Application of the Attorney-Client Privilege

Elements of the Attorney-Client Privilege

Because the attorney-client privilege often prevents disclosure of information that would be relevant to a legal proceeding, courts are cautious when examining objections grounded in the privilege. Most courts generally require that certain elements be demonstrated before finding that the privilege applies. Although the elements vary from JURISDICTION

to jurisdiction, one often cited recitation of the elements was articulated in U.S. v. United Shoe Machinery Corp., 89 F.Supp. 357 (D.Mass. 1950), where the court enumerated the following five-part test: (1) the person asserting the privilege must be a client or someone attempting to establish a relationship as a client; (2) the person with whom the client communicated must be an attorney and acting in the capacity as an attorney at the time of the communication; (3) the communication must be between the attorney and client exclusively; (4) the communication must be for the purpose of securing a legal opinion, legal services, or assistance in some legal proceeding, and not for the purpose of committing a crime or FRAUD; and (5) the privilege may be claimed or waived by the client only.

Scope and Application of the Attorney-Client Privilege

The five-part test is typically the starting point in a court's analysis of a claim for privilege. Each element appears straight-forward on its face but can be tricky to apply, especially when the client is a corporation and not a natural person. CORPORATE clients raise questions as to who may speak for the corporation and assert the attorney-client privilege on behalf of the entity as a whole. Some courts have ruled that the attorney-client privilege may only be asserted by the upper management of a corporation. A vast majority of courts, however, have ruled that the privilege may be asserted not only by a corporation's officers, directors, and board members, but also by any employee who has communicated with an attorney at the request of a corporate superior for the purpose of obtaining legal advice. Upjohn Co. v. U.S., 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584, (U.S. 1981).

Whether the client is a natural person or a corporation, the attorney-client privilege belongs only to the client and not to the attorney. As a result, clients can prevent attorneys from divulging their secrets, but attorneys have no power to prevent their clients from choosing to waive the privilege and testifying in court, talking to the police, or otherwise sharing confidential attorney-client information with third parties not privy to the confidential discussions. Clients may waive attorney-client privilege expressly by their words or implicitly by their conduct, but a court will only find that the privilege has been waived if there is a clear indication that the client did not take steps to keep the communications confidential. An attorney's or a client's inadvertent disclosure of confidential information to a third party will not normally suffice to constitute WAIVER. If a client decides against waiving the privilege, the attorney may then assert the privilege on behalf of the client to shield both the client and the attorney from having to divulge confidential information shared during their relationship.

In most situations, courts can easily determine whether the person with whom a given conversation took place was in fact an attorney. However, in a few cases courts are asked to decide whether the privilege should apply to a communication with an unlicensed or disbarred attorney. In such instances, courts will frequently find that the privilege applies if the client reasonably believes that he or she was communicating with a licensed attorney. State v. Berberich, 267 Kan. 215, 978 P.2d 902 (Kan. 1999). But courts in some jurisdictions have relaxed this standard, holding that the privilege applies to communications between clients and unlicensed lay persons who represent them in administrative proceedings. Woods on Behalf of T.W. v. New Jersey Dept. of Educ., 858 F.Supp. 51 (D.N.J. 1993).

Although many courts emphasize that the attorney-client privilege should be strictly applied to communications between attorney and client, the attorney-client privilege does extend beyond the immediate attorney-client relationship to include an attorney's partners, associates, and office staff members (e.g., secretaries, file clerks, telephone operators, messengers, law clerks) who work with the attorney in the ordinary course of their normal duties. However, the presence of a third party who is not a member of the attorney's firm will sometimes defeat a claim for privilege, even if that third person is a member of the client's family.

Thus, one court ruled that in the absence of any suggestion that a criminal defendant's father was a confidential agent of the DEFENDANT or that the father's presence was reasonably necessary to aid or protect the defendant's interests, the presence of the defendant's father at a PRETRIAL CONFERENCE between the defendant and his attorney invalidated the attorney-client privilege with respect to the conference. State v. Fingers, 564 S.W.2d 579 (Mo.App. 1978). In the corporate setting, the presence of a client's sister defeated a claim for attorney-client privilege that involved a conversation between a client-company's president and the company's attorney, since the sister was neither an officer nor director of the company and did not possess an ownership interest in the company. Cherryvale Grain Co. v. First State Bank of Edna, 25 Kan.App.2d 825, 971 P.2d 1204 (Kan.App. 1999).

Many courts have described attorney-client confidences as "inviolate." Wesp v. Everson, — P.3d ——, 2001 WL 1218767 (Colo. 2001). However, this description is misleading. The attorney-client privilege is subject to several exceptions. Federal Rule of EVIDENCE 501 states that "the recognition of a privilege based on a confidential relationship... should be determined on a case-by-case basis." In examining claims for privilege against objections that an exception should be made in a particular case, courts will balance the benefits to be gained by protecting the sanctity of attorney-client confidences against the probable harms caused by denying the opposing party access to potentially valuable information.

The crime-fraud exception is one of the oldest exceptions to the attorney-client privilege. The attorney-client privilege does not extend to communications made in connection with a client seeking advice on how to commit a criminal or FRAUDULENT

act. Nor will a client's statement of intent to commit a crime be deemed privileged, even if the client was not seeking advice about how to commit it. The attorney-client privilege is ultimately designed to serve the interests of justice by insulating attorney-client communications made in furtherance of adversarial proceedings. But the interests of justice are not served by forcing attorneys to withhold information that might help prevent criminal or fraudulent acts. Consequently, in nearly all jurisdictions attorneys can be compelled to disclose such information to a court or other investigating authorities.

A party seeking DISCOVERY of privileged communications based upon the crime-fraud exception must make a threshold showing that the legal advice was obtained in furtherance of the fraudulent activity and was closely related to it. The party seeking disclosure does not satisfy this burden merely by alleging that a crime or fraud has occurred and then asserting that disclosure of privileged communications might help prove the crime or fraud. There must be a specific showing that a particular document or communication was made in furtherance of the client's alleged crime or fraud.

The fact that an attorney-client relationship exists between two persons is itself not typically privileged. U.S. v. Leventhal, 961 F.2d 936 (11th Cir. 1992). However, if disclosure of an attorney-client relationship could prove incriminating to the client, some courts will enforce the privilege. In re Michaelson, 511 F.2d 882 (9th Cir. 1975). Names of clients and the amounts paid in fees to their attorneys are not normally privileged. Nor will clients usually be successful in asserting the privilege against attorneys who are seeking to introduce confidential information in a lawsuit brought by a client accusing the attorney of wrongdoing. In such instances courts will not allow clients to use the attorney-client privilege as a weapon to silence the attorneys who have represented them. Courts will allow both parties to have their say in MALPRACTICE suits brought by clients against their former attorneys.

State Rules Governing Attorney-Client Privilege

The body of law governing the attorney-client privilege is comprised of federal and state legislation, court rules, and CASE LAW. Below is a sampling of state court decisions decided at least in part based on their own state's court rules, case law, or legislation.

ARKANSAS: Attempts by both an attorney and his secretary to communicate with the client regarding his pending criminal case were protected by the attorney-client privilege. Rules of Evid., Rule 502(b). Byrd v. State, 326 Ark. 10, 929 S.W.2d 151 (Ark. 1996).

ALABAMA: Where a defendant asserted that his guilty pleas to robbery charges were the product of his defense counsel's COERCION, the absence of the defense counsel's TESTIMONY to rebut the defendant's testimony could not be excused by any assertion of the attorney-client privilege. Walker v. State, 2001 WL 729190 (Ala.Crim.App., 2001).

ARIZONA: By asserting that its personnel understood the law on stacking coverage for under insured and uninsured motorist claims, the insurer affirmatively injected legal knowledge of its claims managers into the insureds' BAD FAITH action and thus effectively waived the attorney-client privilege as to any communications between the insurer and its COUNSEL regarding the propriety of the insurer's policy of denying coverage. State Farm Mut. Auto. Inc. Co. v. Lee, 199 Ariz. 52, 13 P.3d 1169 (Ariz. 2000).

CALIFORNIA: The attorney-client privilege is not limited to litigation-related communications, since the applicable provisions of the state Evidence Code do not use the terms "litigation" or "legal communications" in their description of privileged disclosures but instead specifically refer to "the accomplishment of the purpose" for which the lawyer was consulted. West's Ann.Cal.Evid.Code §§ 912, 952. STI Outdoor v. Superior Court, 91 Cal.App.4th 334, 109 Cal.Rptr.2d 865 (Cal.App. 2 Dist. 2001).

ILLINOIS: To prevail on an attorney-client privilege claim in a corporate context, a claimant must first show that a statement was made by someone in the corporate control group, meaning that group of employees whose advisory role to top management in a particular area is such that a decision would not normally be made without their advice or opinion and whose opinion, in fact, forms the basis of any final decision by those with actual authority. Hayes v. Burlington Northern and Santa Fe Ry. Co., 323 Ill.App.3d 474, 752 N.E.2d 470, 256 Ill.Dec. 590 (Ill.App. 1 Dist. 2001).

MAINE: Counsel's inadvertent disclosure of a memorandum to opposing counsel, which summarized a telephone conference between counsel and his client, did not constitute a waiver of the attorney-client privilege, where the document was mistakenly placed in boxes of unprivileged documents that were available to opposing counsel to photocopy and the memorandum in question was labeled "confidential and legally privileged." Corey v. Norman, Hanson & DeTroy, 742 A.2d 933, 1999 ME 196 (Me. 1999).

MASSACHUSETTS: Hospital personnel were neither the defendant's nor his attorney's agents when they conducted a blood-alcohol test on the defendant at the attorney's request for sole purpose of gathering potentially exculpatory evidence, and thus the state's GRAND JURY SUBPOENA of the test results did not violate the attorney-client privilege. Commonwealth v. Senior, 433 Mass. 453, 744 N.E.2d 614 (Mass. 2001).

MICHIGAN: A Court of Appeals reviews de novo a decision regarding whether the attorney-client privilege may be asserted. Koster v. June's Trucking, Inc., 244 Mich.App. 162, 625 N.W.2d 82 (Mich.App. 2000).

MINNESOTA: The presence of the defendant's wife at a joint meeting in which the defendant, his attorney, and his wife discussed financial aspects of a possible DIVORCE prevented the attorney-client privilege from attaching. State v. Rhodes, 627 N.W.2d 74 (Minn. 2001).

NEW JERSEY: The person asserting the attorney-client privilege bears the burden to prove it applies to any given communication. Horon Holding Corp. v. McKenzie, 341 N.J.Super. 117, 775 A.2d 111 (N.J.Super.A.D. 2001)

NEW YORK: A client's intent to commit a crime is not a protected confidence or secret for the purposes of the attorney-client privilege. N.Y.Ct.Rules, § 1200.19. People v. DePallo, 96 N.Y.2d 437, 754 N.E.2d 751, 729 N.Y.S.2d 649 (N.Y. 2001).

NORTH DAKOTA: A communication is confidential, for the purposes of determining the applicability of attorney-client privilege, if it is not intended to be disclosed to persons other than those to whom the disclosure is made during the course of rendering professional legal services or to those reasonably necessary for transmission of the communication during the course of rendering professional legal services. Rules of Evid., Rule 502(a)(5). Farm Credit Bank of St. Paul v. Huether, 454 N.W.2d 710 (N.D. 1990).

OHIO: The attorney-client privilege is not absolute, and thus the mere fact that an attorney-client relationship exists does not raise a presumption of confidentiality of all communications made between the attorney and client. Radovanic v. Cossler, 140 Ohio App.3d 208, 746 N.E.2d 1184 (Ohio App. 8 Dist. 2000).

TEXAS: Physicians who were defending against a malpractice action were not entitled to discover, under fraud exception to attorney-client privilege, material relating to a SETTLEMENT between the plaintiffs and another defendant, although the physicians alleged that disparate distribution of the settlement proceeds was a sham intended to deprive the physicians of settlement credit, since there was no evidence that the plaintiffs made or intended to make hidden distributions. Vernon's Ann.Texas Rules Civ.Proc., Rule 192.5(a); Rules of Evid., Rule 503(d)(1). IN RE Lux, 52 S.W.3d 369 (Tex.App. 2001).

WASHINGTON: The federal constitutional foundation for the attorney-client privilege is found in the Fifth Amendment PRIVILEGE AGAINST SELF-INCRIMINATION, the Sixth Amendment right to counsel, and the Due Process Clause of the Fourteenth Amendment, as these rights can be protected only if there is candor and free and open discussion between client and counsel. U.S.C.A. Const.Amends. 5, 6, 14. In re Recall of Lakewood City Council Members, 144 Wash.2d 583, 30 P.3d 474 (Wash. 2001).

Additional Resources

American Jurisprudence. West Group, 1998.

CyberSpace Law Center: Privacy: Attorney-Client Privilege.

West's Encyclopedia of American Law. West Group, 1998.

Organizations

American Bar Association
740 15th Street, N.W.
Washington, DC 20005-1019 USA
Phone: (202) 662-1000
Fax: (816) 471-2995
URL: http://www.abanet.org/
Primary Contact: Robert J. Saltzman, President

National Lawyers Association
P.O. Box 26005 City Center Square
Kansas City, MO 64196 USA
Phone: (800) 471-2994
Fax: (202) 662-1777
URL: http://www.nla.org/
Primary Contact: Mario Mandina, Chief Executive Officer

National Organization of Bar Counsel
515 Fifth Street, N.W.
Washington, DC 64196 USA
Phone: (202) 638-1501
Fax: (202) 662-1777
URL: http://www.nobc.org/
Primary Contact: Robert J. Saltzman, President

"UNQUOTE"


Lawyers shout slogans in support of Chief Justice Iftikhar Mohammad Chaudhry in Lahore on December 17, 2009, as they celebrate the Supreme Court's decision on the National Reconciliation Ordinance (NRO). — AFP


The NRO case, Dr Mubashar Hasan and others versus the federation, has once again stirred a hornet’s nest. There is thunderous applause for bringing the accused plunderers and criminals to justice and widespread speculation on the resignation of the president. Very little analysis is being done on the overall effect of the judgment itself. While, the NRO can never be defended even on the plea of keeping the system intact, the Supreme Court judgment has wider political implications. It may not, in the long run, uproot corruption from Pakistan but will make the apex court highly controversial.

Witch-hunts, rather than the impartial administration of justice, will keep the public amused. The norms of justice will be judged by the level of humiliation meted out to the wrongdoers, rather than strengthening institutions capable of protecting the rights of the people. There is no doubt that impunity for corruption and violence under the cover of politics and religion has demoralised the people, fragmented society and taken several lives. It needs to be addressed but through consistency, without applying different standards, and by scrupulously respecting the dichotomy of powers within statecraft. In this respect the fine lines of the judgment do not bode well.

The lawyers’ movement and indeed the judiciary itself has often lamented that the theory of separation of powers between the judiciary, the legislature and the executive has not been respected. The NRO judgment has disturbed the equilibrium by creating an imbalance in favour of the judiciary. The judgment has also sanctified the constitutional provisions of a dictator that placed a sword over the heads of the parliamentarians. Moreover, it has used the principle of 'closed and past transactions' selectively. It is not easy to comprehend the logic of the Supreme Court that in a previous judgment it went beyond its jurisdiction to grant life to ordinances — including the NRO — protected by Musharraf’s emergency to give an opportunity to parliament to enact them into law. If the NRO was violative of fundamental rights and illegal ab initio, then whether the parliament enacted it or not it would have eventually been struck down. By affording parliament an opportunity to own up to the NRO appears to be a jeering gesture unbecoming of judicial propriety.

The NRO judgment has struck down the law also for being violative of Article 62(f), which requires a member of parliament to be, 'Sagacious, righteous and non-profligate and honest and ameen'. Hence, the bench will now judge the moral standing of parliamentarians on these stringent standards set by the notorious Zia regime. This article of the constitution has always been considered undemocratic and a tool to keep members of parliament insecure. If parliamentarians, who also go through the rigorous test of contesting elections in the public domain, are to be subjected to such exacting moral standards then the scrutiny of judges should be higher still.
After all, judges are selected purely on the value of their integrity and skills. Judges who erred in the past seek understanding on the plea that they subsequently suffered and have made amends. Should others also not be given the same opportunity to turn over a new leaf? How will sagacity and non-profligate behaviour be judged?

Apart from Dr Mubashar Hasan, not even the petitioners of the NRO case are likely to pass the strenuous test laid down in Article 62 of the constitution. This could well beg the question whether it is wise for those in glass houses to be pelting stones.The judgment goes much further. It has assumed a monitoring rather than a supervisory role over NAB cases. In India, the supreme court directly interfered in the Gujarat massacre but it did not make monitoring cells within the superior courts. Is it the function of the superior courts to sanctify the infamous NAB ordinance, the mechanism itself and to restructure it with people of their liking? It is true that the public has greater trust in the judiciary than in any other institution of the state, but that neither justifies encroachment on the powers of the executive or legislature nor does it assist in keeping an impartial image of the judiciary. The long-term effects of the judgment could also be counter-productive; perpetrators are often viewed as victims if justice is not applied in an even-handed manner and if administered in undue haste with overwhelming zeal. It is therefore best to let the various intuitions of state take up their respective responsibilities because eventually it is the people who are the final arbiters of everyone’s performance. REFERENCE: Another aspect of the judgment By Asma Jahangir Saturday, 19 Dec, 2009 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/another-aspect-of-the-judgment-929

’عدلیہ غیر جانب دار نہیں رہی‘

آخری وقت اشاعت: جمعـء, 19 فروری, 2010, 05:58 GMT 10:58 PST
http://www.bbc.co.uk/urdu/pakistan/2010/02/100218_asma_interview.shtml

’عدلیہ دائرہ کار سے تجاوز کر گئی ہے‘

علی سلمان
بی بی سی اردو ڈاٹ کام، لاہور

عدلیہ کا کام ارکانِ پارلیمان کی اخلاقیات کی جانچ پڑتال نہیں
آخری وقت اشاعت: ہفتہ, 19 دسمبر, 2009, 05:25 GMT 10:25 PST
http://www.bbc.co.uk/urdu/pakistan/2009/12/091219_hrcp_asma_as.shtml

پاکستان انسانی حقوق کمشن کی چیئرپرسن عاصمہ جہانگیر نے این آر او کے بارے میں سپریم کورٹ کے فیصلے پر تبصرہ کرتے ہوئے کہا ہے ’عدلیہ اپنے دائرہ کار سے تجاوز کرگئی ہے اوریہ بہت ہی خطرناک بات ہوگی کہ سپریم کورٹ اراکین پارلیمان کی اخلاقیات پر فیصلے دے۔‘

عاصمہ جہانگیر نے بی بی سی اردو ڈاٹ کام سے گفتگو کرتے ہوئے کہا کہ جس طریقے سے فیصلہ آیا اور مانیٹرنگ سیل بنائے گئے اور سارے اراکین پارلیمان کو ایک طرح سے وارننگ دی گئی کہ ان کے کردار کی چھان بین ہوسکے گی ’وہ سمجھتی ہیں کہ عدلیہ اپنے دائرے سے باہر نکلی ہے۔‘

انہوں نے کہا وہ اس بات کی توقع نہیں رکھتی تھیں کہ عدلیہ اب اس بات کی جانچ پڑتال شروع کردے گی کہ ممبران کے اخلاقیات کیا ہیں۔

عاصمہ جہانگیر نے کہا کہ اراکین اسمبلی تو الیکشن لڑ کر آتے ہیں لیکن جج تو اپنی ساکھ کی وجہ سے آتے ہیں اگر ممبران پارلیمان کے لیے معیار اتنا بلند کردیا جائے کہ کوئی اس پر پورا نہ اتر سکے تو پھر عدلیہ کا معیار تو اس سے بھی بہت بلند ہونا چاہیے۔

انسانی حقوق کمشن پاکستان کی سربراہ نے کہا کہ ’یہ جوڈیشل ایکٹوازم نہیں ہے بلکہ عدلیہ اپنی اتھارٹی کو بہت زیادہ آگے لے گئی ہے۔اب اس نے مانیٹرنگ سیل قائم کرنے کی بات کر دی ہے۔یہ بھی دیکھا جائے گا کہ کس میکنزم کے مطابق کام ہوگا۔‘

’عدلیہ کی سپرویژن تو ہوتی ہے لیکن مانیٹرنگ سیل ہم نے آج تک نہیں دیکھا کہ اس طریقے بنائے گئے ہوں۔‘

انہوں نے کہا کہ وہ سمجھتی ہیں کہ تقسیم اختیارات کا نظریہ متاثر ہوا ہے۔’عدلیہ کو اپنے رویے پر غور کرنا چاہیے اس کا اپنا ایک مقام ہے اور اسے اپنے اس مقام پر واپس چلے جانا چاہیے۔وہ کسی خاص معاملے یا کیس میں اپنی دلچسپی نہ دکھائے۔‘

’وہ انصاف ضرور کریں لیکن یہ مخصوص نہ ہو بلکہ مساویانہ انداز سے ہونا چاہیے کیونکہ یہ نہ صرف ملک کے لیےبلکہ خود ان کے لیے بھی اچھا نہیں ہوگا۔‘

ایک سوال کے جواب میں انہوں نے کہا کہ وہ اس فیصلے کے خلاف اسی صورت میں اپیل کرسکتی تھیں جب اس عدالت سے بڑی بھی کوئی عدالت ہوتی۔انہوں نے کہا کہ سپریم کورٹ کے سترہ رکنی بنچ نے ایسا فیصلہ سنا دیا ہے جس کی کہیں اپیل بھی نہیں ہوسکتی۔

’انسان آخر انسان ہوتا ہے اس سے غلطی ہوسکتی ہے اسی لیے اپیل کا حق رکھا جاتا ہے۔ یہ بھی سوچنے کی بات ہے کہ اتنے بڑے فیصلے کردیئے جائیں اور اس کی کہیں اپیل بھی نہ ہوسکے۔‘

انہوں کہا کہ وہ یہ نہیں کہتیں کہ عدلیہ فیصلے نہ دے لیکن جو بھی کرے بہت سوچ سمجھ کر کرے۔

عاصمہ جہانگیر نے کہا کہ اس سے کوئی انکار نہیں کرسکتا کہ جن لوگوں نے لوٹ مار کی ہے ان کے مقدمات عدالتوں میں چلنے چاہیے اور یوں اجتماعی معافی نہیں ہونی چاہیے لیکن عدلیہ نے جس انداز میں فیصلے کیے ہیں اس پر انہیں تحفظات ہیں۔

دریں اثناء انسانی حقوق کمشن آف پاکستان نے ایک بیان جاری کیا ہے جس میں بعض افراد کے بیرون ملک نقل وحرکت پر پابندی کو بنیادی حق کی خلاف ورزی قرار دیا ہے اور کہا ہے کہ کمشن کو اس بات پر پریشانی ہے کہ حکام نے ایگزٹ کنٹرول لسٹ آرڈیننس کا اطلاق کردیا ہے جسے کبھی بھی منصفانہ نہیں سمجھا گیا۔کمشن کی سربراہ عاصمہ جہانگیر نے کہاکہ پیشگی نوٹس اور مناسب وجوہات بیان کیے بغیر پابندی عائد کرنا اس بنیادی حق کی خلاف ورزی ہے جس کی ضمانت ملک کا آئین دیتا ہے۔انہوں نے کہا کہ جن لوگوں کے خلاف عدلیہ میں مقدمات چل رہے ہوں ان کے بیرون ملک سفر پر پابندی عائد کرنا ضروری نہیں ہے ان کے فرار کو روکنے کے لیے عدالت میں قانونی سطح پر یقین دہانی حاصل کی جاسکتی ہے۔انہوں نے کہا کہ ایگزٹ کنٹرول لسٹ کو ماضی میں سیاسی طور پر حراساں کرنے کے لیےاستعمال کیا جاتا رہا ہے اور اب ایگزٹ کنٹرول لسٹ کا عدالتی فیصلے کی آڑ میں من مانے طریقے سے استعمال کسی آفت سے کم نہیں سمجھا جائے گا۔انہوں نے کہا کہ قومی دولت لوٹنے والوں کے خلاف جو قانونی کارروائی کی جارہی ہے وہ کافی ہے، حکام کو بے جا غصے اور جوش میں آکر ایسے ناجائز اقدام نہیں کرنے چاہیے جنہیں وہ انصاف سمجھتے ہوں۔

Monday, March 29, 2010

Sanctimonious Judges & Anarchist Lawyers.

Pakistani Judiciary and Judges are quite fond of Islam and often raise finger on everybody's Faith and Conduct and that too to the limit which can be termed showing off or in plain Urdu "Riya Kari and Dhikawa" i.e. Shirk-e-Asgher - Minor Polytheism.

Instead of showing off love of Islam and exploiting the name of Islam and name of Prophet Mohammad [PBUH] just read Hadith of his [PBUH] precious Hadith on Showing Off [Riyakari - Shirk Asgher - Minor Polytheism]. Let me quote a Quranic verse and Hadith on this Riya [Showoff] in which Judiciary is indulged in the name in the of Islam.


قُلْ إِنَّمَا أَنَا بَشَرٌ مِّثْلُكُمْ يُوحَى إِلَيَّ أَنَّمَا إِلَهُكُمْ إِلَهٌ وَاحِدٌ فَمَن كَانَ يَرْجُو لِقَاء رَبِّهِ فَلْيَعْمَلْ عَمَلًا صَالِحًا وَلَا يُشْرِكْ بِعِبَادَةِ رَبِّهِ أَحَدًا

Interpretation of the meaning:

Say: I am only a mortal like you. My Lord inspireth in me that your Allah is only One Allah. And whoever hopeth for the meeting with his Lord, let him do righteous work, and make none sharer of the worship due unto his Lord. [AL-KAHF (THE CAVE) Chapter 18 - Verse 110]


1 - On the authority of Abu Hurairah (May Allah be pleased with him) in a marfoo' form, the following Qudsi narration: "I am Independent of all the partners (ascribed to me). Whoever performs a deed while associating partners with Me, I will leave him and his Shirk." [Sahih Muslim]

2 - It is reported that the Prophet Mohammad (PBUH) said: "Of the things which I fear for my Ummah, the thing which I fear most is minor Shirk. Then he was asked about minor Shirk, and he said: "It is ar-riyaa.

On the authority of Abu Sa'eed Al-Khudri (ra ), in a marfoo' form, it is reported: "Shall I not tell you what I fear for you more than Al-Maseeh Ad-Dajjaal?" They replied: "Yes." He (saas ) said: "It is hidden Shirk such as when a person stands in prayer and he improves his prayer when he knows that others are watching." (Narrated by Imam Ahmad)

Allah's Messenger Prophet Mohammad (PBUH) informs us in this Hadith that he worries for his Ummah and fears for them Al-Maseeh Ad-Dajjaal, but that more than this, he fears for them hidden Shirk, which is riyaa`; this is because the danger of Al-Maseeh Ad-Dajjaal is confined to a specific time, while the danger of riyaa` is present at all times and in all places and because riyaa` is hidden and its power of seduction is great and it is difficult to free oneself from its grip. In addition, it leads to showy, ostentatious behaviour, self-glorification, self-promotion, all of which appeal to the weaknesses in man.

ISLAMABAD: The Supreme Court (SC) warned the Chairman of National Accountability Bureau (NAB) that he may be put behind bars if the judicial orders delivered on National Reconciliation Ordinance (NRO), were not implemented, Geo News reported Monday. Justice Khalilur Rehman Ramday said in his remarks that it is unthinkable why the court order on the NRO is being criticized; though, the Parliament threw it away terming it ‘a stinking mouse’. Justice Ramday wondered what wrong was done in delivering the NRO verdict that a volley of invectives is being showered. A seven-member of the SC headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the corruption case against Riaz Sheikh, FIA’s additional DG Finance. Court voiced annoyance at Acting Chairman of NAB for not appearing before the court. When he came to the court, the SC ordered him to present by this afternoon the report on the implementation of the NRO verdict The CJ addressed the NAB acting chief, ‘If you fear, then go home. You are doing your job and want to get the SC slurred.’ The CJ Chaudhry expressed surprise saying how Riaz continued in a high office despite being accused of massive corruption. The court also called Home Secretary. The court also scolded the Rasheed A Rizvi for pleading the case for Ahmed Riaz Sheikh. The CJ said the court ordered to restore the accountability cases to October 5, 2007 position; however, the matter is being slighted with letters being addressed to the Attorney General and sometimes to the Law Secretary. REFERENCE: NAB chief to be jailed for defying court order: SC warns Updated at: 1245 PST, Monday, March 29, 2010 http://thenews.jang.com.pk/updates.asp?id=101739

DAILY JANG UPDATE: Monday, March 29, 2010, Rabi-us-Sani 12, 1431 A.H http://www.jang.com.pk/jang/mar2010-daily/29-03-2010/u25718.htm

A disoriented and visibly disturbed Dasti informed the bench that he had done his Masters in Islamiat from Al-Shahadat Al Almiya, Multan, in 1998. But he failed to satisfy the court about the period he had spent in the religious institution to get the degree. He answered wrongly when asked by Justice Ramday about the names of Quranic paras and surahs and arithmetic table. He could not answer when asked about the names of the first two surahs of the Holy Quran. He answered wrongly when asked by Justice Ramday about the names of Quranic paras and surahs and arithmetic table. He could not answer when asked about the names of the first two surahs of the Holy Quran. “Why are you (Mr Dasti) doing wrong things? You are a representative of the public,” Justice Ramday said. “Why do we always misuse the name of God and Islam?” he asked. REFERENCE: Dasti pulled up over fake degree; resigns By Nasir Iqbal Friday, 26 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/dasti-pulled-up-over-fake-degree-resigns-630

Judge not lest ye be Judged.

Sunday, March 21, 2010, Rabi-us-Sani 04, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/21-03-2010/u24880.htm


Qazi Anwar was sentenced nine months in jail for possessing explosives in 1979, adding Lahore High Court curtailed his punishment; however, his charge was kept unchanged. PESHAWAR: Peshawar High Court’s Barrister Bacha requested Pakistan Bar Council’s Executive Committee for the ineligibility of Supreme Court Bar Association President Qazi Muhammed Anwar, Geo News reported Monday. Talking to Geo News, Bacha said Qazi Anwar was sentenced nine months in jail for possessing explosives in 1979, adding Lahore High Court curtailed his punishment; however, his charge was kept unchanged. Bacha said a convicted person cannot be the representative of the lawyers; therefore, he demanded the removal of Qazi from his office. He said the PBC’s executive council directed Qazi Anwar to appear before the body on February 14 for explanation in this connection. REFERENCE: PBC approached for Qazi Anwar’s ineligibility Updated at: 1445 PST, Monday, February 01, 2010 http://www.thenews.com.pk/updates.asp?id=97613

Monday, February 01, 2010, Safar 16, 1431 A.H
http://www.jang.com.pk/jang/feb2010-daily/01-02-2010/u19629.htm


REAL FACE OF LAWYERS

LAHORE: Protests a gainst a lawyer slapping a civil judge in a Faisalabad courtroom are still being registered, as at least one hundred civil judges of Lahore have decided to go on leave, a private TV channel reported on Saturday. According to the channel, civil judges in the provincial metropolis and Arifwala also demanded a one-month leave of absence in protest against the slapping incident. Liaquat Javaid advocate had slapped Civil Judge Tariq Mehmood in a local Faisalabad court during case proceedings. Meanwhile, lawyers have warned that they would continue to boycott courts until the withdrawal of charges against Liaquat, while court proceedings in Pakpattan and Arifwala remained suspended for a second day on Saturday. REFERENCES: 100 civil judges go on leave over slapping incident Daily Times Monitor Sunday, March 28, 2010 http://www.dailytimes.com.pk/default.asp?page=2010\03\28\story_28-3-2010_pg7_6 Lawyer slaps civil judge in Faisalabad By Muhammad Saleem Tuesday, 23 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/19-lawyer-slaps-judge-in-faisalabad-330-hh-03


REAL FACE OF A JUDGE

BARELY days after the Punjab chief minister was caught playing to the Taliban gallery, another high official from the province is in the spotlight for all the wrong reasons. This time, Lahore High Court Chief Justice Khawaja Mohammad Sharif has sparked outrage for reportedly saying that Hindus were responsible for financing acts of terrorism in Pakistan. The remarks came while the judge was hearing two identical petitions against the possible extradition of Afghan Taliban suspects. It may well have been a slip of the tongue by Mr Sharif, who might have mistakenly said ‘Hindu’ instead of ‘India’ — nevertheless it was a tasteless remark to say the least. Although such remarks warrant criticism what makes them worse is the position of the person who makes them. These sort of comments are the last thing one expects to hear from a judge, that too the chief justice of a provincial high court. What sort of message are we sending to our minorities, as well as to the world, when the holder of such a respected public office makes comments that come across as thoughtless? The Hindu members of the National Assembly walked out of the house on Tuesday to protest the remarks. The members said the comments had hurt the feelings of Pakistani Hindus — and there is no doubt that they had. REFERENCE: Tactless remarks Dawn Editorial Thursday, 18 Mar, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/14-tactless-remarks-830-zj-10


If Flogging is not Islamic as LHC Judge says then what about “Milad”??? Is Milad Islamic and if it is then where it is ordered in Sunnah to hold Milad Processions and Gatherings. Without even verification the Lahore High Court says that Flogging is not True Picture of Islam [Sunnah says it is very much Islamic to flog who is guilty]. I wonder if CJ [LHC) Khawaja Mohammad Sharif does even know about the Bida'at [Innovation] of celebrating of Prophet Mohammad [PBUH]'s Milad in the light of Quran and Sunnah for which Judiciary has suddenly found a place in every decision making particularly in any proccedding related with Zardari, Politicians and Elected Parliament. REFERENCE: Sanctimonious Judges & Anarchist Lawyers. http://chagataikhan.blogspot.com/2010/03/sanctimonious-judges-anarchist-lawyers.html

RAWALPINDI, April 11: The flogging of a teenage girl in Swat does not portray the true picture of Islam as it is not clear whether or not the exact procedure for convicting her under religious laws was adopted and who had issued the Hadd and under what authority. This was stated by senior most judge of the Lahore High Court Justice Khwaja Mohammad Sharif while addressing a Mehfil-i-Milad arranged by the Lahore High Court Bar Association (LHBA) here on Saturday. The recently reinstated judge of the LHC said irrespective of the fact whether the video was real or fake, it was a conspiracy to malign Islam and bring a bad name to Pakistan showing the world that Islam was a religion of extremism. Mr Sharif, who was called chief justice of the LHC by the bar representatives, said Islam had laid very strict procedure to implement Hudood laws, almost making it impossible to apply. He questioned under what authority the girl was flogged and what procedure was adopted to declare her guilty. The justice said Islam demanded four witnesses with immaculate character for conviction or the confession of the accused person. The president of the HCBA highlighted the role of Prophet Muhammad (peace be upon him) as a legislator and a judge, saying the whole world has been taking benefit of the Islamic laws. The bar also arranged a Naat competition taking one lawyer from every district of Rawalpindi division. The competition was won by Chaudhry Zubair from Chakwal. The function was attended among others by four judges of the LHC, four session judges and lawyers. The HCBA had also invited Justice Maulvi Anwarul Haq, Justice Syed Sajjad Husain Shah and Justice Mazhar Hussain Minhas of the LHC’s Rawalpindi bench, earning the ire of the DBA Rawalpindi. REFERENCE: Girl’s flogging not true picture of Islam, says LHC judge By Our Reporter Sunday, 12 Apr, 2009 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/girls-flogging-not-true-picture-of-islam,-says-lhc-judge

ANOTHER REAL FACE OF A JUDGE

ISLAMABAD: Respected Justice Khalilur Rehman Ramday, just appointed as ad hoc judge of the Supreme Court, has decided not to draw his salary and has donated the same to Al-Mizan Foundation, a welfare organization for the serving and retired employees of the judiciary including subordinate courts. Justice Ramday, who was reluctant to re-join the apex court as an ad hoc judge and had already planned for his retirement, has formally written to the chief justice that he would serve as an honorary ad hoc judge without salary. REFERENCE: Ramday donates salary to workers Friday, February 19, 2010 By Ansar Abbasi http://www.thenews.com.pk/top_story_detail.asp?Id=27350

LAHORE: The Punjab government has approved 58 requests by politicians, judicial officers and senior civil and police officers, who are residents of GOR-I and II, for renovations, alterations and repairs – work that is likely to cost Rs 43.55 million, according to sources. In January, the government received 121 such requests: 79 from GOR-1 residents who asked for Rs 68.09 million and 42 from GOR II residents who asked for Rs.29.7 million, said the sources. The sources said 44 of the requests sent in from GOR I had been approved, and work on them was likely to cost Rs 33.46 million, while 14 requests from GOR II had been approved, and work on them was likely to cost Rs10.10 million.

GOR I: Among others, Javed Mehmood, former chief secretary of Punjab and a resident of 9-Aikman Road, would been given Rs 1.05 million for the construction of servant quarters and a boundary wall; Jalal Skindar Sultan, the S&GAD service secretary and a resident of 14-Aikman Road, would be given Rs 1,633,600 for renovations; Najeebullah Malik, former Punjab chief secretary, would be given around Rs 5 million; Finance Minister Tanveer Ashraf Kiara would be given Rs 231,800; Anwar Ahmed Khan would be given Rs 79,600; the Chief Minister’s Secretariat secretary would be given Rs 10.61 million for 5 and 7 Club Road; Khawaja Shumail would be given Rs 1.54 million for renovations at 22-Club Road; Hassan Nawaz Tarar would be given Rs 212,500; Khawaja Naeem would be given Rs 1.33 million; Suhail Masood would be given Rs 145,800, Justice (r) Khalilur Rehman Ramday would be given Rs 115,700; Jehanzab Khan would be given Rs 732,200; Justice Iftikhar Chaudhary would be given Rs 853,100 for the construction of a bedroom and a fiber shed at 14-B Golf Road; Mazhar Ali Khan would be given Rs 808,800 for bamboo fences, steel doors, tuff paves, a fiber shed and a guest bedroom; Aftab Ahmed Cheema would be given Rs 722,880; Muhammad Rafiq Tarar, a former president, would be given Rs 431,330 to install barbed wire at 1-Shanan Road; Raja Ashfaq Sarwar, an adviser to the chief minister, would be given Rs 2.7 million for new tile floors, wardrobes and kitchen cabinets at 1-A Upper Mall; the Punjab Assembly speaker house would be given Rs 1.4 million for a boundary wall and tile flooring; Tanveer ul Islam, a provincial minister, would be given Rs 77,300 for a fiber glass car shed at 4-Upper Mall; Saifullah Chatta would be given Rs 726,400; IG House would be given Rs 809,000. Rs 43.55 million approved for home improvement at GORs By Anwer Hussain Sumra http://www.dailytimes.com.pk/default.asp?page=2010\02\07\story_7-2-2010_pg13_4

Justice (r) Khalilur Rehman Ramday would be given Rs 115,700; Jehanzab Khan would be given Rs 732,200; Justice Iftikhar Chaudhary would be given Rs 853,100 for the construction of a bedroom and a fiber shed at 14-B Golf Road; Mazhar Ali Khan would be given Rs 808,800 for bamboo fences, steel doors, tuff paves, a fiber shed and a guest bedroom; Aftab Ahmed Cheema would be given Rs 722,880; Muhammad Rafiq Tarar, a former president, would be given Rs 431,330 to install barbed wire at 1-Shanan Road; Raja Ashfaq Sarwar, an adviser to the chief minister, would be given Rs 2.7 million for new tile floors, wardrobes and kitchen cabinets at 1-A Upper Mall;

ISLAMABAD: Meanwhile, certain key lawyers are also prepared to challenge the proposed constitutional amendment as soon as it is approved by parliament and made part of the Constitution. While many top lawyers, including Hamid Khan, Justice Tariq, Qazi Anwar, Rashid A Razvi and Akram Sheikh, have already voiced their opposition to the proposed changes in the Constitution for the appointment of judges, things are moving towards a possible future confrontation between the legal fraternity and the government. Interestingly, while the committee, which includes members of all different political parties present in parliament, has invited the input of politicians as well as that of lawyers leaders, no reference has been made to the superior judiciary to take its view on this tricky matter. Justice (retd) Tariq says that he knows certain members of the legal fraternity who are prepared to challenge such a constitutional amendment as soon as it is passed and approved. Akram Sheikh has also written an open letter to Nawaz Sharif to save the judiciary from being harmed by this move. Experienced lawyers like Justice (retd) Tariq are of the view that for the appointment of judges, lawyers as well as parliamentarians should not be involved otherwise, he warned, the judiciary would become highly politicised. He said that while the parliamentary body proposes a six-member commission, including its chairman, PPP leader and former Attorney General Latif Khosa has proposed a 16-member commission, which according to Tariq would make a mockery of the whole appointment procedure. According to the parliamentary body’s recommendations in case of appointment of judges in the Supreme Court, the judicial commission would be headed by the Chief Justice of Pakistan while it would include five members. Out of the total six-member commission, half would be superior court judges while the rest would be either government representatives or advocates. The commission would have three judges, including the CJP and two senior-most judges of the apex court. Other three members would include federal law minister, the attorney general for Pakistan and a nominee of the Pakistan Bar Council. REFERENCE: Lawyers, judges smell a rat in Rabbani proposals By Ansar Abbasi Saturday, March 20, 2010 By Ansar Abbasi http://www.thenews.com.pk/top_story_detail.asp?Id=27874
Saturday, March 20, 2010, Rabi-us-Sani 03, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/20-03-2010/main.htm



REAL FACE OF LAWYERS:

ARIFWALA: Four civil judges resigned from their offices here on Friday to protest against the misbehaviour with their colleague by a lawyer in Faisalabad. The four civil judges — Adnan Mushtaq Bhatti, Manzoor Hussain, Imtiaz Hussain Sheikh and Adnan Anjum Gondal — sent their resignations to Additional Sessions Judge Mehmoodul Hassan. Earlier, the four civil judges locked their courtrooms for an hour. After opening their courtrooms, the judges went to their residences to register their protest. They demanded immediate arrest of the accused. Our Rawalpindi correspondent adds: The judicial work in the Rawalpindi district courts remained suspended as all the civil judges went on a strike against the Faisalabad incident. REFERENCE: Slapping of judge by lawyer in Faisalabad Saturday, March 27, 2010 By our correspondent http://www.thenews.com.pk/print1.asp?id=231159

FAISALABAD: Forty-five civil judges of district Faisalabad on Monday tendered their resignations in protest against manhandling of their colleague, Tariq Mehmood Kahot, allegedly by an advocate in the court. The civil judges, in their resignations delivered to the Senior Civil Judge, made it clear that if the accused advocate, Liaquat Javaid, was not taken to task under the law on charges of disgracing, humiliating, manhandling and abusing in the presence of the court officials, litigants and other lawyers, they would not perform their duties from the next working day, Wednesday. Civil Judge Tariq Mehmood Kahot reportedly took up a case in which the court bailiff had taken into custody an accused involved in a default case. Liaquat Javaid, counsel for the accused, asked the judge to release the accused as the default amount had already been deposited. The learned judge, after perusing the file and record of the case, observed that there was no such receipt of payment on the file and declared his inability to entertain the contention of the advocate. On this, Liaquat Javaid Advocate flared up and started abusing the learned judge. He rushed to the dais of the court and allegedly slapped the judge repeatedly and beat him up severely. The court officials and some lawyers, after hectic efforts, succeeded in rescuing the judge, who went into his retiring room. REFERENCE: Judge slapped 45 civil judges resign in protest Tuesday, March 23, 2010 http://thenews.jang.com.pk/top_story_detail.asp?Id=27927

Tuesday, March 23, 2010, Rabi-us-Sani 06, 1431 A.H
http://www.jang.com.pk/jang/mar2010-daily/23-03-2010/main2.htm




LAHORE: The arrival of Premier Yousuf Raza Gilani at Chief Justice Iftikhar Chaudhry’s dinner hosted for Justice (retd) Khalilur Ramday in Islamabad on Tuesday night may have mellowed down the government-judiciary tiff a bit by spreading smiles all over but it has certainly pained thousands of litigants across the country who have pinned high hopes in an otherwise widely-deemed independent judicial system since March 2007. These litigants, many of whom had provided energy to the chief justice by practically expressing solidarity with him on the roads after he was deposed twice by Gen (retd) Pervez Musharraf in 2007, today feel that if the prime minister can meet the Supreme Court judges with such ease while he is actually defending the NRO beneficiaries in his cabinet despite explicit Supreme Court orders to treat the allegedly corrupt elements in accordance with the law, then a commoner should also have the right to meet the judges and defend himself or herself in a ‘more congenial’ and ‘more informal’ environment. Already disturbed by an unprecedented backlog of cases in courts due to one reason or the other, the premier’s meeting with the chief justice over a sumptuous dinner may have actually rubbed salt in the wounds of waiting litigants. While Indian Prime Minister Manmohan Singh, in August 2009, had exhorted his country’s judiciary “to wipe every tear of every waiting litigant” by eliminating the scourge of a huge backlog of cases, his Pakistani counterpart is making every effort to prevent his cabinet members from facing the law rather than convincing the country’s president to appoint judges in time to minimise the miseries of waiting litigants. REFERENCE: CJ’s meeting with PM against traditions Thursday, February 18, 2010 By Sabir Shah http://www.thenews.com.pk/top_story_detail.asp?Id=27324
Judge not lest ye be Judged -Code of Judicial Ethics. http://chagataikhan.blogspot.com/2010/02/judge-not-lest-ye-be-judged-code-of.html

That Aitzaz was behind this act of CJ against “set procedures governing the role, functions and ethics of judges” is confirmed by The News:


ISLAMABAD: Who persuaded Prime Minister Yousuf Raza Gilani to reverse the almost fatal advice of some top legal minds and seek a quick reconciliation with the chief justice of Pakistan? This question is widely being asked and everyone is coming up with one name — Barrister Chaudhry Aitzaz Ahsan. According to sources, Aitzaz Ahsan played a key role and Gilani accepted his advice, saving his government from a catastrophe. The reported disagreement of Attorney General Anwar Mansoor with the decision also played an important role, the sources say. The lawyers’ leader not only rejected the legal interpretation of the government advisers on the judges’ appointment, he also informed the PM that it was in violation of the Constitution and that the PM should try to hold a meeting with the chief justice to remove misunderstandings. The same advisers had misled the PM, informing him that the executive order for the restoration of judges required ratification from parliament.

The advisers under question — Law Minister Dr Babar Awan and PM’s adviser Latif Khosa —- are facing grave accusations of receiving money from their clients to buy the judges for favourable verdicts. Instead of correcting their conduct, they apparently nurtured grudges against the chief justice. Background discussions reveal that Aitzaz was instrumental in breaking the ice as he advised the prime minister that he was being misled through selective interpretation of some clauses of the Constitution. The Law Ministry had diverted the attention of the PM and the president from Article 260 of the Constitution that makes it binding on the president to honour the recommendations of the chief justice on the question of judges’ appointment. According to the sources, as Aitzaz invited the PM’s attention to Article 260, the chief executive of the country was caught by surprise, realising that he was being kept in the dark. As the prime minister realised that a great blunder had been committed, Aitzaz advised him to seek a meeting with the chief justice and assured him that things would be settled. The PM’s gate-crashing into the CJ’s dinner was in this backdrop. As far the attorney general’s role in this crisis is concerned, he had reportedly told the PM that a blunder had been committed by issuing the notifications and the government was destined to be defeated in the case. However, the sources insisted that the AGP and Aitzaz had played a role in facilitating the PM’s Tuesday participation in the CJ’s dinner. REFERENCE: Who played what role in the drama Thursday, February 18, 2010 By Umar Cheema & Dilshad Azeem http://www.thenews.com.pk/top_story_detail.asp?Id=27318


He said in the garb of saving the democracy, the former lawyers’ leaders are siding with worst ever dictatorship in civil dress. On the other hand four top leaders – Aitzaz Ahsan, Athar Minallah, Justice (R) Tariq Mehmood and Ali Ahmad Kurd – have their own views on the issues. Despite absence of these leaders, Hamid Khan, Rasheed A Rizvi, Latif Afridi, Mehmoodul Hassan and present president of Supreme Court Bar Association (SCBA) Qazi Anwar, who are also the leaders of the historic lawyers’ movement in last three years, actively participated in Monday’s lawyers strike by keeping all the interests aside. Justice (R) Tariq Mehmood was of the view that if the lawyers would have announced staging of protest in front of the Prime Minister House or the Presidency he would have been part of this protest but he is against boycott of the courts. “Now, there is an independent judiciary, so why we are boycotting the courts?” Justice Tariq gave his reason for not participating in Monday’s lawyers’ protest. When asked that why he did not give this suggestion to the present leadership of the lawyers’ movement, he said whenever he expressed his views to this new leadership they simply listen to it and ignore it. Ali Ahmad Kurd, when approached by this correspondent was of the view that he will not disclose the reasons for not participating in lawyers’ protest right now and will make his disclosures after three days. Athar Minallah also said he would record his reasons later, while Aitzaz Ahsan did not respond to many calls and messages sent to him. Aitzaz was also specifically sent some questions, which also remained unanswered….” REFERENCE: Past heroes, now zeroes Tuesday, February 16, 2010 Viewpoint By Ahmad Noorani http://www.thenews.com.pk/top_story_detail.asp?Id=27286

THE TRUTH IS AS UNDER:

In Hamid Mir’s talkshow, Capital Talk, on 22 December 2009, Ali Ahmad Kurd expressed three key reservations about the current Supreme Court and the Chief Justice of Pakistan:

1. CJP and other judges of the Supreme Court are populist. They read daily newspapers, watch TV talk-shows and then shape their decisions / verdicts consistent with the ‘popular demand or expectations’.

2. CJP and other judges of the SC are rushing the current lopsided process of justice (aimed against one specific person, i.e. President Zardari), and in the rushed process, justice is likely to be crushed.

3. Kurd noted that it was being forecast by certain circles (e.g. Dr Shahid Masood and Shaheen Sehbai) that the Supreme Court will announce an important decision (against PPP) in December 2009, something which actually happened. Why this coincidence? (Why did the agents of establishment against democracy happen to know exact dates?) Asma Jahangir too, in the same program of Capital Talk, expressed her reservations about the inclusion of Article 62 etc, related to Islamic provision of Ameen etc for the eligibility to be a member of parliament, in the Supreme Court’s judgement. She termed the judgement as poorly reasoned, politically biased, resembling a tribal jirgah style judgement instead of a due process of justice. Ali Ahmed Kurd’s description of the likes of Iftikhar Chaudhry & Khawaja Sharif December 22nd, 2009 Omar Khattab http://criticalppp.org/lubp/archives/3492

LAHORE: Judges of the higher judiciary are making up their minds about cases after reading newspaper headlines and watching TV shows, former president Supreme Court Bar Association (SCBA) Ali Ahmed Kurd said on Tuesday. Describing the present situation as “justice hurry and justice worry”, Kurd deplored the fact that the judges were visiting and addressing the bars and said they would have to “prove themselves worthy of their positions”. According to Kurd, judges in the United States neither read newspapers nor watched TV programmes, but focused only on their work. - ISLAMABAD: Ali Ahmed Kurd, the firebrand leader of the lawyers’ movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said. Speaking during a talk show on “Challenges facing the judiciary”, he said that people had reservations about the verdict handed down by the Supreme Court on petitions challenging the National Reconciliation Ordinance.

According to him, the judgment appeared to be based on newspaper headlines and talk shows of private TV channels. Mr Kurd said that an independent judiciary had been restored after a great struggle, adding that the country would become stronger if the judiciary acted in the manner expected by the nation during the struggle. “If it does not happen, it will cause a blow to national security.” He said he had been invited by various bar councils after the restoration of the judiciary, but he preferred to keep quiet. He said he did not attend functions where the chief justice had been invited and quit his practice as a lawyer in the Supreme Court. It was astonishing to see judges visiting bar councils, he added. Mr Kurd described the National Judicial Policy as detrimental to the judicial system. He pointed out that a deadline of Dec 31 had been set for courts to decide cases. He said the maxim of ‘justice hurried is justice buried’ would turn out to be true in many cases because these, including cases of murder and dacoity, and the rights of defence and the practice of producing evidence of many people would be compromised due to paucity of time. Human Rights Commission of Pakistan Chairperson Asma Jehangir also criticised the Supreme Court’s judgment on the NRO and said it appeared to be a decision pronounced by a ‘jirga’. She was of the opinion that the NRO could have been declared null and void by merely declaring it as repugnant to Article 25 of the Constitution, but a Pandora’s box had been opened by the court. Syed Iqbal Haider and Justice (retd) Tariq Mehmood also spoke on the occasion. REFERENCES: Kurd unhappy over SC verdict on NRO By Iftikhar A. Khan Wednesday, 23 Dec, 2009 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/12-kurd-unhappy-over-sc-verdict-on-nro--bi-09 Judges deciding cases on media lines: Kurd Daily Times Monitor Wednesday, December 23, 2009 http://dailytimes.com.pk/default.asp?page=2009\12\23\story_23-12-2009_pg7_12