Friday, April 1, 2011

Gen (R) Mirza Aslam Beg, Contempt of Court & "ALLEGED LAWYERS MOVEMENT".

http://criticalppp.com/wp-content/uploads/2010/01/Aasima-Iftikhar-Ch_Khalil-Ramday.jpgLAHORE: President Supreme Court Bar Association (SCBA) Asma Jahangir has criticised the Apex Court judgment in the Deedar Hussain Shah case, saying the suggestion made in it for consultation with the Chief Justice of Pakistan (CJP) for the appointment of the National Accountability Bureau chairman amounts to legislation by the bench and the striking down of the 19th amendment to the constitution. Addressing a press conference here on Tuesday, the SCBA president said the judgment is vague since it has suggested consultation with the CJP by the executive, though it stopped short of making this a law. She appreciated the ruling of the bench suggesting consensus-oriented consultation between the leader of the House and the leader of the Opposition, saying parliament needs to put its act together so as to avoid interference from other institutions. Asma Jahangir said suggesting consultation with the CJP by the executive for the appointment of the NAB chief is highly objectionable, as it would leave no room for arbitration for the judiciary, which is the ultimate forum for justice. Furthermore she said, the SCBA would resist any such move in which the office of the CJP was asked to play a role meant solely for the executive through parliamentary consultation. REFERENCE: SCBA slams SC judgement in NAB chief case Wednesday, March 30, 2011 http://www.dailytimes.com.pk/default.asp?page=2011\03\30\story_30-3-2011_pg1_8

Asma Jahangir has expressed reservations over two recent judgements

URL: http://www.youtube.com/watch?v=TPiGu3ULmcY
She said a member of the bench that had passed the verdict had shed crocodile’s tears while consoling Deedar Hussain Shah, as it had to act against a brother judge. Asma Jahangir said the judiciary of Pakistan has a long history of acting against brother judges and the way it has insinuated and conducted contempt of court proceeding against ‘brother judges’ is unprecedented in the judicial history of the country. She said the SC judgment in the Deedar Hussain Shah case is not one celebrated by the Bar and contains lacunae that need to be addressed. Talking about the six-member bench verdict for striking down the parliamentary committee recommendations on the extension in service of six superior court judges, Asma Jahangir warned that the turf war between institutions was bound to get dangerous, implying that the judiciary has acted unwisely since it has for all practical purposes struck down the 19th amendment to the constitution. She said the consensus verdict had in fact decided the matter on the 19th amendment pending before a larger bench of the Apex Court and hailed a dissenting note to this effect by Justice Tariq Pervaiz, one of the members of the same bench. Asma Jahangir said the Judicial Commission has not only rendered the recommendations of the parliamentary committee ineffective, but has also made the CJP the sole authority of elevating judges to the superior judiciary. She said the observations made by the Chief Justices of the Sindh and Lahore High Courts had been unnecessarily ignored. REFERENCE: SCBA slams SC judgement in NAB chief case Wednesday, March 30, 2011 http://www.dailytimes.com.pk/default.asp?page=2011\03\30\story_30-3-2011_pg1_8

Judicial Dictatorship & Lawyers - Part - 1 (GEO 22 Dec 2009)

URL: http://www.youtube.com/watch?v=kbTD-ZtDPkg

http://pakistanherald.com/ImgAdmin/Ali_Ahmed_Kurd.jpgLAHORE: 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. REFERENCE: 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 

’عدلیہ کی آزادی کے باوجود کچھ نہیں بدلا‘


ججز کیس کو ختم کرنےکو زیادہ اہمیت دے رہے ہوتے ہیں بجائے اس کی کہ انصاف کی فراہمی کی جائے:علی احمد کرد
سپریم کورٹ بار ایسوسی ایشن کے صدر علی احمد کُرد کا کہنا ہے کہ عدلیہ کی آزادی کے باوجود ابھی تک کچھ نہیں بدلا اور حالات اُسی طرح کے ہی ہیں جو نو مارچ سنہ دو ہزار سات سے پہلے تھے۔
علی احمد کرد نے عدالتی سال شروع ہونے کی تقریب سے خطاب کرتے ہوئے کہا کہ ایسا محسوس ہوتا ہے کہ ’فرعونوں‘ کےسامنے پیش ہو رہے ہوتے ہیں جو کیس کو ختم کرنےکو زیادہ اہمیت دے رہے ہوتے ہیں بجائے اس کے کہ انصاف کی فراہمی کی جائے۔
انہوں نے مزید کہا کہ یہی رویہ نو مارچ سنہ دوہزار سات سے قبل اعلٰی عدلیہ کے ججوں سے لےکر مقامی عدالتوں کے ججوں کا تھا۔
واضح رہے کہ سابق ملٹری ڈکٹیٹر جنرل ریٹائرڈ پرویز مشرف نے نو مارچ کو چیف جسٹس افتخار محمد چوہدری کے خلاف سپریم جوڈیشل کونسل میں ریفرنس بھیجا تھا۔
ماتحت عدالتوں کے فیصلوں کے خلاف ایک سو پچاس کے قریب پٹیشنز ریلیف کے لیے دائر کی جاتی ہیں جس میں سے بہت کم کو سول یا فوجداری اپیلوں میں تبدیل کردیا جاتا ہے جبکہ باقی رد کردی جاتی ہیں
علی احمد کرد
یہ پہلی مرتبہ ہے کہ ججوں کی بحالی کی تحریک کی کامیابی کے بعد وکلاء کے کسی سرکردہ رہنما نے کُھل کر ججوں کے رویے کے بارے میں تنقیدی کلمات کہے ہیں۔
علی احمد کُرد نے کہا کہ ججوں کی بحالی کے لیے شروع کی جانے والی تحریک میں نہ صرف وکلاء نے ان کا ساتھ دیا بلکہ سول سوسائٹی اور انسانی حقوق کی تنظیموں نے بھی اس میں بڑھ چڑھ کر حصہ لیا۔
انہوں نے کہا کہ اس تحریک میں وکلاء نے اپنی قیمتی جانوں کے نذرانے بھی پیش کیے۔ سپریم کورٹ بار کے صدر کا کہنا تھا کہ لوگ اُن سے یہی سوال پوچھتے ہیں کہ اس تحریک کی کامیابی کے کیا اثرات سامنے آئے ہیں۔
انہوں نے کہا کہ مشاہدے میں آیا ہے کہ وکلاء نے جو پٹیشنز دائر کی تھیں اُن میں سے بہت کم درخواستوں کو دیوانی یا فوجداری اپیلوں میں تبدیل کیاگیا ہے۔ انہوں نے کہا کہ ماتحت عدالتوں کے فیصلوں کے خلاف ایک سو پچاس کے قریب پٹیشنز ریلیف کےلیے دائر کی جاتی ہیں جس میں سے بہت کم کو سول یا فوجداری اپیلوں میں تبدیل کردیا جاتا ہے جبکہ باقی رد کردی جاتی ہیں۔
علی احمد کُرد کا کہنا تھا کہ وکلاء ذمہ دار افراد ہیں اور کوئی بھی یہ نہیں چاہے گا کہ کوئی ایسی بےمقصد پٹیشن دائر کی جائے جس سے عدالت کا قیمتی وقت ضائع ہو۔ انہوں نے کہا کہ عدالت کا یہ فرض ہے کہ وہ وکلاء کو تحمل کے ساتھ سنے۔
’عدلیہ کی آزادی کے باوجود کچھ نہیں بدلا‘
http://www.bbc.co.uk/urdu/pakistan/2009/09/090907_kurd_hit_judiciary_rr.shtml
Monday, 7 September, 2009, 12:58 GMT 17:58 PST


Right after the resignation of General Musharraf from the Post of the President of Pakistan, Mr. Athar Minallah the Chief Spokesman of the then defunct Defunct Chief Justice Iftikhar Mohammad Chaudhary in Private Pakistani TV Channel [AAJ], demanded Treason Trial under article 6 of 1973 Constitutiuon of Islamic Republic of Pakistan while shamelssly forgetting that Athar Minallah, also served in the Musharraf cabinet for two years. 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. Athar Minallah joined the prestigious Civil Service of Pakistan (CSP) and after serving for 10 years left the post of Additional Collector Customs to join the firm as a partner. Athar Minallah brings not only rich taxation experience but also valuable scholastic input. Athar completed his law degree from the International Islamic University (Islamabad) and his LLM from University of Cambridge, UK. And his areas of interest are taxation, judicial review, Athar was appointed Minister for Law, Local Government, Parliamentary Affairs and Human Rights by the Provincial Government of NWFP (2000-2002). He also was the member of the Task Force constituted by the Federal Government for revamping the Taxation regime in Pakistan. Currently he is the member of the Policy Board of Intellectual Property of Pakistan and Chairman of Alternate Dispute Resolution Committee (ADRC) for Sales Tax constituted by the Central Board of Revenue.

Judicial Dictatorship & Lawyers - Part - 2 (GEO 22 Dec 2009)

URL: http://www.youtube.com/watch?v=e9Igv1kg5gU


http://pakistanherald.com/ImgAdmin/Ali_Ahmed_Kurd.jpgLAHORE: 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. REFERENCE: 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

The crackdown, announced late Saturday night after General Musharraf suspended the Constitution, was clearly aimed at preventing public demonstrations that political parties and lawyers were organizing for Monday. “They are showing zero tolerance for protest,” said Athar Minallah, a lawyer, and a former minister in the Musharraf government. 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
 
Athar Minallah [A Lawyer who was Chief Spokesman for the Former Defunct CJ Iftikhar M Chaudhry] 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






As per 1973 Constitution of Islamic Republic of Pakistan


PART I


6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.


(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.


(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.


An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.

Judicial Dictatorship & Lawyers - Part - 3 (GEO 22 Dec 2009)

URL: http://www.youtube.com/watch?v=S7VBbtAyPWE


http://pakistanherald.com/ImgAdmin/Ali_Ahmed_Kurd.jpgLAHORE: 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. REFERENCE: 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
PCO JUDGES VALIDATED MARTIAL LAW OF MUSHARRAF [History as reported by Daily Dawn]

[Musharraf-Iftikhar.jpg]Chaudhry Iftikhar named new CJ [Daily Dawn 2005] By Our Staff Reporter ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity. Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985. In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998. Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm  

http://criticalppp.com/wp-content/uploads/2011/02/ramday.jpgLAHORE, June 27: The Lahore High Court summarily dismissed three writ petitions challenging the assumption of the President's office by Chief Executive Pervez Musharraf. The petitions were filed by Advocates MD Tahir, Amir Sohail and Hanif Tahir. The first-mentioned two argued at some length while the last-mentioned told Justice Khalilur Rahman Ramday, who heard the petitions, that he had reservations about him on account of his pro-government sympathies but would, instead of seeking transfer, leave the matter to his conscience. Advocate MD Tahir said frequent military interventions, prompted by politicians and invariably condoned and validated by the judiciary, have greatly damaged Pakistan in all spheres of life. Advocate Amir Sohail submitted that the Supreme Court recognized Gen Pervez Musharraf as chief executive for three years and his elevation to the office of President was repugnant to the SC judgment in Zafar Ali Shah's case. Under the judgment and the provisional constitution order validated by it the country is to be governed as nearly as possible in accordance with the provisions of the 1973 Constitution. Mr Rafiq Tarar could not have been removed except by impeachment. Justice Ramday observed that the 1973 Constitution was in existence by virtue of the PCO as amended from time to time and dismissed the three petitions. REFERENCE: LHC rejects pleas against Musharraf's presidency Staff Reporter DAWN WIRE SERVICE Week Ending : 30 June 2001 Issue : 07/26 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun3001.html#lhcr

Judicial Dictatorship & Lawyers - Part - 4 (GEO 22 Dec 2009)

URL: http://www.youtube.com/watch?v=oPAn4TC1se8


http://pakistanherald.com/ImgAdmin/Ali_Ahmed_Kurd.jpgLAHORE: 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. REFERENCE: 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

http://sheddy73.files.wordpress.com/2009/08/pakistan-supreme-court.jpg
ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. REFERENCE: Five judges elevated to SC Bureau Report DAWN WIRE SERVICE Week Ending : 5 February 2000 Issue : 06/05 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five

http://sheddy73.files.wordpress.com/2009/08/pakistan-supreme-court.jpgISLAMABAD, April 25: President Mohammad Rafiq Tarar on Tuesday appointed five judges to the Supreme Court of Pakistan. With the appointment of these judges, the strength of the Supreme Court judges, i.e. 17, stands completed. The newly-appointed judges include Justice Mian Mohammad Ajmal, Chief Justice, Peshawar High Court; Justice Deedar Hussain Shah, Chief Justice, High Court of Sindh; Justice Javed Iqbal, Chief Justice, High Court of Balochistan; Justice Hamid Ali Mirza, judge, High Court of Sindh and Justice Abdul Hameed Dogar, judge, High Court of Sindh. These judges have been appointed to the SC from the date they respectively take upon themselves the execution of their offices as such judges. Following are the names of the judges of the Supreme Court according to their seniority:


1. Justice Irshad Hassan Khan, Chief Justice of Pakistan,

2. Justice Mohammad Bashir Jehangiri,

3. Justice Sheikh Ijaz Nisar,

4. Justice Sheikh Riaz Ahmed,

5. Justice Ch. Mohammad Arif,

6. Justice Munir A. Sheikh,

7. Justice Abdul Rehman Khan

8. Justice Rashid Aziz Khan,

9. Justice Nazim Hussain Siddiqi,

10. Justice Iftikhar Mohammad Chaudhry,

11. Justice Qazi Mohammad Farooq,

12. Justice Rana Bhagwan Das,

13. Justice Mian Mohammad Ajmal,

14. Justice Deedar Hussain Shah,

15. Justice Javed Iqbal,

16. Justice Hamid Ali Mirza,

17. Justice Abdul Hameed Dogar.-APP

REFERENCE: Supreme Court judges' strength completed DAWN WIRE SERVICE Week Ending : 29 April 2000 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/apr29.html#supre

Judicial Dictatorship & Lawyers - Part - 5 (GEO 22 Dec 2009)

URL: http://www.youtube.com/watch?v=C8KA5k6mAR0


http://pakistanherald.com/ImgAdmin/Ali_Ahmed_Kurd.jpgLAHORE: 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. REFERENCE: 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

As per two leading National Newspapers of Pakistan:

In his petition, the senator, on whose petition the Supreme Court had earlier validated the Oct 12, 1999, military coup by Gen Musharraf, also challenged a provision in Section 3 of the High Treason (Punishment) Act, 1973, which required the federal government to move a reference for any proceedings under high treason and said this provision was against Article 6 of the Constitution, which does not demand such condition. The petition also asked whether former army chief (Gen Musharraf) did not commit breach of his constitutional oath through his Oct 12, 1999, military coup in disregard of the Constitution and, if faith and allegiance to Pakistan means upholding the Constitution which embodies the will of the people, does it not amount to treason. SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389

The armed forces, the petition alleged, were not only ridiculed but insulted by exploiting them only for personal gains. They were made to climb the wall of the prime minister’s house on Oct 12 and used to maintain Gen Musharraf in his extra-constitutional usurpation of power, the petition alleged. To relinquish the office of Chief Executive in accordance with the Supreme Court’s May 12, 2000 judgment, means that Gen Musharraf should have surrendered the command of the armed forces to the then Prime Minister, Mir Zafraullah Khan Jamali, after holding the general elections, but by not doing so, Gen Musharraf disobeyed and violated the order of the apex court, the petition contended. SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389
 
Sayed Zafar Ali Shah submitted that General (R) Pervez Musharraf used force against the elected prime minister, overturned the entire political and democratic system, he acted against the integrity and security of the country and was liable to be punished under Article 6 of the constitution of 1973 read with Section 2 of the High Treason (Punishment) Act, 1973. SC moved for Musharraf’s trial under Article 6 By Sohail Khan dated Sunday, August 23, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=24034


Let me give all of you glimpse of Barrister Akram Sheikh [who is nowaday itching for the Supremacy of Judiciary over Parliament, Rule of Law, Constitution and bla bla bla] and one of his most Lethal and Valuable Client i.e. General [R] Mirza Aslam Beg who is involved in a worst kind of Corruption Scandal in Pakistan i.e. Mehran Bank Scandal. Abdul Hafeez Pirzada is also involved in Mehran Bank/ISI Scandal and accepted Bribe and Petition Vide Number (HRC 19/96) is still pending in the Supreme Court of Pakistan. One wonders where the hell is the Suo Moto Notice and Judicial Activism of Judiciary???? Read what General [R] Mirza Aslam Beg had to say about the Judiciary and Barrister Akram Sheikh was representing him.




ISLAMABAD, Feb. 24: Former army chief Gen Aslam Beg told the Supreme Court that he was not answerable to it regarding his actions as the chief of army staff and the sitting COAS is the only competent and proper person to look into the allegations or take action. He made this statement after the issuance of notice by the Supreme Court on the petition of Air Marshal (retd) Asghar Khan. The former air chief had filed a petition against the former COAS alleging that he had drawn Rs150 million from the Mehran Bank and had distributed the amount to different politicians before the 1990 elections. When the hearing started on Monday, Deputy Attorney-General Mumtaz Ahmed Mirza placed a certificate from the secretary ministry of defence stating that the ISI had not received any money. The counsel for Gen Beg, Mohammad Akram Shaikh, demanded that Gen (retd) Asad Durrani and General (retd) Naseerullah Babar should be summoned to the court for recording their statements. The three-member bench of the Supreme Court consisting of Justice Saiduzzaman Siddiqui, Justice Fazal Ellahi Khan and Justice Bashir Jehangiri, adjourned the hearing of the case till March 26. REFERENCE: Beg says he is not answerable to court Staff Correspondent DAWN WIRE SERVICE Week Ending: 01 March 1997 Issue:03/09 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1997/01Mar97.html

Judicial Dictatorship & Lawyers - Part - 6 (GEO 22 Dec 2009)

URL: http://www.youtube.com/watch?v=8kOW2bwW6PY



http://pakistanherald.com/ImgAdmin/Ali_Ahmed_Kurd.jpgLAHORE: 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. REFERENCE: 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
LAHORE, Aug 7: Politicians must start developing a consensus for providing a safe exit to Gen Pervez Musharraf when he will transfer power next year. This was stated by Gen Mirza Aslam Beg (retired), chief of Awami Qiadat Party, while addressing a press conference here on Tuesday. He said the parliament had approved 69 amendments to the Constitution, including Article 58-2(b), and ratified all acts of the martial law regime before President Ziaul Haq transferred power to the government headed by Muhammad Khan Junejo. Gen Musharraf would not be an exception, Mr Beg said. "He needs indemnity laws. An insurance policy before transferring power to civilians. It is up to the politicians to provide him with an escape route if they want a smooth transition," he said. Mr Beg predicted that the next set-up would suffer from inherent problem of pulls and pushes from different sides because not a single party was going to win next elections. This situation puts an added responsibility on politicians to develop some kind of agreement for running the country in the future, Mr Beg said, adding that the absence of such a consensus would make things difficult for the nation. About allegations of armymen meddling with polls to ensure election of "right candidates" and its possible resulting in the division of the army, he said: "The establishment's interference in the elections has always backfired. The same will happen this time. Look at Azhar Saeed Butt's case. He was virtually living with the 114 Brigade but lost elections. I don't think that a wishful thinking of getting "desirable candidate" elected works. Let the army play its hand and see the results for itself." REFERENCE: Provide safe exit to Musharraf: Beg Staff Reporter DAWN WIRE SERVICE Week Ending: 11 August, 2001 Issue : 07/32 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/aug1101.html#prov 


Chaudhry Nisar is suffering from acute memory loss because the Lawyer he hired is Barrister Akram Sheikh [A Lawyer of General (Retd) Aslam Beg who was involved in Mehran Bank] to contest the case against the NAB Chairman, Deedar Hussain Shah. - ISLAMABAD: Chairman Public Accounts Committee (PAC) and Leader of the Opposition Chaudhry Nisar Ali Khan challenged the appointment of Chairman National Accountability Bureau (NAB) Justice (Rtd) Deedar Hussain Shah in the Supreme Court of Pakistan on Saturday. Pakistan Muslim League – Nawaz (PML-N) leader Chaudhry Nisar filed the petition through Advocate Akram Sheikh. The opposition leader stated in the petition that Deedar Hussain Shah should be immediately stopped from working as Chairman NAB. Chaudhry Nisar challenges NAB chief’s appointment in SC Saturday, 16 Oct, 2010 http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/04-chaudhry-nisar-challenges-nab-chief-appointment-qs-09

The Judges and Judiciary are quite fond of lecturing the Lawyers as to who should they plead or defend and who shoudn't be represented at all and while passing this most perverse comment the Judiciary conveniently forget that - "QUOTE" Whereas 1973 Constitution of Pakistan says; - 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" Recently the court also called Home Secretary. The court also scolded the Rasheed A Rizvi for pleading the case for Ahmed Riaz Sheikh. 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

No such question or rude remarks were passed against several Devil's Advocates like Qazi Anwar, Barrister Akram Sheikh, Athar Minallah [Former Spokesman of incumbet CJ na Former Minister of General Pervez Musharraf's Cabinet] Barrister Khalid Anwer [a Former Deputy of Notorious Martial Lawyers like Syed Sharifuddin Pirzada, A. K. Brohi and last but not the least, the Maverick Abdul Hafeezz Pirzada??? Why this "Double Standard"????
Barrister Akram Sheikh provided his "services" to a Corrupt Ex-Army Chief of Pakistan i.e. General [R] Mirza Aslam Beg who was least bothered about the "Honour and Respect of Judiciary, another glimpse,

Former Army Chief General Mirza Aslam Beg in an interview on February 04, 1993 admitted that he had sent an emissary, then senate chairman Wasim Sajjad to the Supreme Court to warn the justices not to restore the national assembly. Two weeks later, Supreme Court charged General Beg with contempt of court. Beg met with army Chief Abdul Waheed Kakar and later appeared defiantly in the court and many witnesses ridiculed the judges. Supreme Court could not handle the fallout from its confrontation with even a retired army chief. Court finally convicted him of contempt but strangely did not give any judgment about the sentence. The same court even overturned its own decision after an appeal was filed. After a year of half hearted measures, on January 09, 1994 the court dropped all proceedings against general Beg. REFERENCE: Judicial Jitters in Pakistan – A Historical Overview Hamid Hussain Defence Journal, June 2007 http://watandost.blogspot.com/2007/05/judicial-jitters-in-pakistan-scholarly.html

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