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Posted by naila in CURRENT EVENTS, Judiciary, Pakistan Law on December 14th, 2016
The Supreme Court Bench that ran away
For this dishonorable bench to hide behind a Winter vacation Calendar, is as disgraceful, as shameful and as flimsy as Nawaz hiding behind the Qatari Prince’s letter.
No shame. No respect. No pain for the country. No professionalism and above all no ethics, morality and sense of justice.
Everything that this infamous Supreme Court and especially this bench of 5 did is highly questionable.
First lying low, and like Nero and Caligula, power intoxicated and merry making, from April to October, while Pakistan burned.
Then deciding to take on the case and setting the Nov 1st date, for the first hearing, one day before Imran threatens Armageddon.
It stinks. It stinks all across the Margallas
These actions are an absolute disgrace to their institution and to each individual who was and is part of this infamous bench.
Why on earth would you take on a case, set high expectations and then slink away like rats under the pretense of “Winter Holidays” ?
Under what compulsions did these so called lordships wake up from their damn power induced intoxication of 7 months in the first place?
And then what prompted these so called lordships to jump ship and throw this bag of crap to another bench?
The entire lawyer community should hang it’s head in shame.
These 5 SC judges, especially the CJ, basically covered their backsides, and some hoping for some crumbs to come their way, post retirement .
It was clear that this disgraceful bench had already made up its mind to dump the case when they “asked” both parties about forming a Commission.
Is that how the Supreme Court of our land works?
How many money launderer’s, crooks, criminals have been offered” Commissions” by these people who now disgrace the sacred role of Supreme Court Justice?
How many commissions, you dishonorable lordships, how many?
You’re a disgrace to these sacred seats you occupy, my dear dishonorable lordships or whatever you are called.
A disgrace!
They even indirectly urged Imran’s lawyers to opt for a commission, subtly implying that his case was weak.
They also knew Nawaz would accept the commission, and thus so these 5 stooges could rid themselves of having to decide the case.
Imran didn’t take the bait so they were only left with an option that a lowly clerk and “Babu” is left with.
Sir may nay Chhuttee Jaana Hai. Mayree Behann Ki Shaadee Hai!
Some stupid rules and procedures of winter vacations.
What utter nonsense!
Posted by kisakhani in Law, Pakistan Law on December 12th, 2016
Reviewing Editors Note:We publish all letters we receive from Pakistanis. Sometimes, original author’s English is not easy to understand. We have tried to minimally edit this letter, However, we cannot fully edit it since it will conceal the essence of the author’s emotions and sentiments.
To : CJ of Pakistan Supreme Court
I am approaching you ,to understand as to how justice is provided to common Pakistanis of limited means .
On account of the corruption of Existing and Past Politicians.Government Employees, Of Law, Taxation Education which I am sure you are well aware off since day one .
ALLAH has provided me the means to exist reasonably ,95.95 % are surviving to exist .
Social justice is defined as “… promoting a just society by challenging injustice and valuing diversity.”
It exists when “all people share a common humanity and therefore have a right?
t to equitable treatment, support for their human rights, and a fair allocation of community resources.”
In conditions of social justice, people are “not be discriminated against, nor their welfare and well-being constrained or prejudiced on the basis of gender, sexuality, religion, political affiliations, age, race, belief, disability, location, social class, socioeconomic circumstances, or other characteristics of background or group membership”
My Questions:
The CJ of Pakistan has to tell the Human Rights ? Are we committed at any level ,or mindful of it?
Our congested jails speak about our prevailing structure .
We are all accountable to ALLAH .
I am not in a position to clarify you LAW !
LAW should originate from YOU .
BY your Finding’s and Judgments without adjournment or deferral .
The conclusion of your office is final and timely.
ALLAH will admire you for your timely justice.
Sir, you may have good reasons not to do it?
Who is suffering in the ISLAMIC REPUBLIC of PAKISTAN ?
Sir, with your leadership corruption, should not exist .
“O My slaves, I have forbidden injustice for Myself and forbade it also for you.
So avoid being unjust to one another.”
(Saheeh Muslim)
“O you who believe!
Stand out firmly for justice,
as witnesses to Allah,
even if it be against yourselves,
your parents, and your relatives,
or whether it is against the rich or the poor…”
(Quran 4:135)
Honesty and Justice is Allah’s Rule of law:Without Justice Society Cannot Exist
Pakistan’s top judge have said the country has failed to achieve the dreams of its founders largely because of
“insincere and dishonest”politicians.
“Our [successive] generations have failed miserably in materializing the dreams of our ancestors,”
said, Chief Justice of Pakistan Anwar Zaheer Jamali, while addressing the legal fraternity of Larkana on Saturday.
http://tribune.com.pk/story/1112261/politicians-failed-pakistan-cjp/
It seems ex P.M Nawaz Sharif has divided Pakistan into five Independent States on advice of MODI, RAW, & CIA
Where is PAKISTAN’s ARMY & WHERE is JUDICIARY of Pakistan?
Intelligence agencies world over operate overtly more important; covertly. RAW had stellar success in Bangladesh, where it trained covert forces who operated against Pakistani forces long before the war broke out.
The arrest of Kulbhushan Yadav alias Hussein Mubarak Patel reflects the typical tactics of Ajit Doval[sgmb id=”1″]
(Myra McDonald in Reuters August1, 2008)
Good enough !
However, all these culprits either go to jail and the gallows for the crimes they committed, or they run away.
The judiciary will take many years to sort out all the cases.
2018 will be too close to general elections.
Unless, Articles 62,63 are strictly followed.
The main culprit in our political paradigm is the 1973 Constitution.
Bhutto drafted it thinking he will live forever and stay PM for a hundred years.
All power is with one man. Article 6 was unnecessary.
Constitution needs drastic changes to empower the people at grassroots level.
PM controls the purse without any accountability. This has to end as a businessman in the PMs’ seat will misuse this power to his own benefit.
Governments are run by oligarchs. It is the people who have to push and pull them to share the national wealth equitably. And make them accountable under the law.
This is where we have failed due to our warped Constitution.
Turkey
Treason per se is not defined in the Turkish Penal Code. However, the law defines crimes which are traditionally included in the scope of treason, such as cooperating with the enemy during wartime. Treason is punishable by imprisonment up to life.
Iva Toguri, known as Tokyo Rose, was tried for treason after World War II for her broadcasts to American troops.
“[But] other nations have been quite fortunate to have sincere and honest leaders, which we lack.”
Posted by admin in International Law, Law, Pakistan Law on January 20th, 2015
The United States has joined Israel in condemning a decision by the International Criminal Court (ICC) to open a preliminary probe into possible war crimes committed against Palestinians, describing the move as a “tragic irony”.
The US criticised the decision late on Friday, saying it opposed actions against its ally Israel as “counterproductive to the cause of peace”.
“It is a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighbourhoods, is now being scrutinised by the ICC,” Jeff Rathke, the US State department spokesman, said in a statement.
Palestinian statehood: a lost cause? |
US condemnation came shortly after Israeli Prime Minister, Benjamin Netanyahu, derided the ICC’s decision, calling it “scandalous” and “absurd”.
Nabil Shaath, a senior Palestinian official and advisor to President Mahmoud Abbas, told Al Jazeera the Palestinians were prepared for any outcome by the ICC.
“We want to put pressure on Israel that has been murdering our people, occupying our land, stealing our water and destroying Gaza,” he said.
“This occupation by Israel has to end, negotiations chaperoned by America have not been successful, on the contrary, we have failed, and now we have to go through the international arena.”
Human rights group Amnesty International welcomed the ICC’s announcement, saying it “could pave the way for thousands of victims of crimes under international law to gain access to justice”.US and Israel criticise ICC war crimes probe
US calls decision by the ICC to probe possible war crimes committed against Palestinians a “tragic irony”.
While 123 countries have ratified the Rome Statute, the charter that led to the formation of the ICC, Israel and the US are not party to the court.
The ICC, based in The Hague in the Netherlands, will open a preliminary inquiry into the possible war crimes committed in the Palestinian territories, and determine whether its findings merit a full investigation.
The outcome could result in charges against individuals on either the Israeli or Palestinian side.
Although Israel is not an ICC member, its citizens could be tried on accusations of war crimes, crimes against humanity and genocide.
This means the court’s prosecutor could investigate the 50-day war between Israel and Palestinian groups in the Gaza Strip in July and August 2014, during which more than 2,300 Palestinians, mostly civilians, were killed. Israel said 67 soldiers and six civilians died in the same war.
Speaking to Al Jazeera from the West Bank city of Ramallah, Ammar Hijazi, a Palestinian foreign ministry official, said the Palestinian Authority believed that all necessary aspects were featured in the case.
“Palestine is ready to fully cooperate if there are any violations commited during the war by the Palestinian side as well,” he said.
The Palestinians decision to join the Rome Statute of the ICC and other international treaties hasheightened tensions with Israel, with Netanyahu freezing the transfer of $127m in tax revenues to the Palestinian Authority.
The tax revenues make up two-thirds of the Palestinian Authority’s annual budget, excluding foreign aid.
Posted by admin in JUDICIARY, Law, Pakistan Law on January 4th, 2015
BEFORE THE SUPREME COURT OF PAKISTAN
( APPELLATE JURISDICTION )
C.M.A No…..11 /2013
In
the Const. Petition 37/2012
(regarding miserable conditions of schools)Alhamdulillah, the Honourable Chief Justice of Pakistan has in recent months taken Suo Motu notice of this fundamental national issue of delivery of education in the state-run schools.
The apex court has sought from the provincial governments as well as ICT administration important statistics regarding conditions & provision of facilities in schools, verification of Ghost schools, and detailed reports on implementing Article 25A of the Constitution of Pakistan. ( provision of free & compulsory education up to secondary level)
گر تو مي خواهي مسلمان زيستن
نيست ممكن جز بقرآن زيستن ( اقبال )[ If you would like to live like a good Muslim, it is only possible if you follow the
Message of the Quran e Hakeem.] ( Allama Iqbal )The challenges, and serious impasse confronting our educational system at School (government/ private–grade 1 to 12) and Madrassa level and their realistic solutions may be discussed under the following heads :-
a) Ideological and visionary issues;
b) Development of Curriculum, Textbooks and supplementary aids;
c) Teacher’s training & capacity building and motivational issues;
d) Adoption of Integrated approach to Education;
e) Environmetal/Parental supportive and participatory approach;
f) Provision of financial & material resources issues;
g) Organizational, infra-structural, logistical issues;
h) Research & development ;
3) 65 YEARS OF PAKISTAN; OUR SCHOOLING & END HUMAN PRODUCT:
Despite very specific and pertinent constitutional provisions namely articles 2/A, 25/A,31, 37(a,b) calling for establishment of an Islamic Order based on the Quranic Injunctions and Sunnah, we as a nation and a polity are very far from those Objectives and our destination.
Barring a few honourable exceptions in all walks of our national life, the End Human Product of our schooling system, be it the state-run, the private, the informal or the Madrassa, is hardly up to the mark i.e. up to desired religious, educational, moral, and social standards,
individually, collectively, and institutionally.علامه اقبال كيا خوب ياد دلاتي هين
وه زماني مين معزز تهي حامل قرآن هو كر
اور تم خوار هوءي تارك قرآن هو كرi) Collectively assessed in the comity of nations, regrettably, we have further suffered degradation in the corruption & corrupt practices indicators; with wide spread deviant and bank-corrupt behavior, by no means representing an Islamic social order & culture.
( vide the Transparency International’s report, 2012)Some other dismal indicators are as under :
ii) Our Graduates, MAs, Drs, Engrs, LLBs, and even PhDs are mostly unable to understand the verses of the Quran e Hakeem when it is recited to them, say in prayers, or when they read it themselves. What a pity !
What a serious concern !iii) Our graduates, generally speaking, can’t even correctly write an application/paragraph in Urdu or English.
iv) Our university degrees are generally not accepted in the foreign universities for admission;
v) The youth passing through ‘Dars e Nizami’ courses from the Madaris , have generally, their main focus on learning various disciplines connected with the Quran, Ahadees, Fiqh, etc with a strong Bias towards their respective Fiqhi outlook.
This Bias has encouraged divisive tendencies in the religious, social, and political environment, rather than promoting Muslim brotherhood and cohesive tendencies.
Moreover, they are generally ignorant about important contemporary disciplines dealing with science & technology and social sciences
4) Vision & Quality of education
a) Primacy of school education
( grade 1 to 12) is an irrefutable factor in character/nation building and sustainable development of any society.b) What matters most is the Vision & Quality of education in terms of its ideological base ;
to translate these Values into Action/Practical reality.
i) To improve the Visionary Base & Quality of Education we need to focus on the Content & Structure of the Curriculum, the Textbooks and Supplementing Aids , The Teachers’ Capacity Building to deliver and Motivation to become true Role Models, and Creating of Supporting Environment in the schools, homes, and outside, including Media & Internet.”
5) Adoption of Integrated Approach to Education :
We have also to change our
Approach to education, which is divided into religious and secular; spiritual and mundane. We have to have an Integrated Approach to Education, where all areas of knowledge are studied, explored and researched, in the context and balancing fulcrum of divine existence.
We should assign top priority to School/Madrassa education by thoroughly revisiting the curriculums and textbooks on the touchstone of ideology and grounded in an integrated approach to education, which combines learning of Islamic Studies along with other Contemporary subjects including Pure & Applied sciences, and Social Sciences.
ii) With the exception of a few schools in the Private sector & Madaris (they too need improvements to attain classical standards) , the School and Madrassa Curriculums & Textbooks are grossly deficient and flawed on one count or the other;
They fail to inspire the youth to thoroughly appreciate and cultivate/imbibe the Islamic values/teachings based on enlightened study of the Quran e Hakeem, Sunnah, Muslim history, Culture, and formidable Muslim Contributions to various branches of knowledge including science & technology especially between 8th to 14th centuries.
iii) Such exposure to Islamic values and history would motivate our youth to look for Muslim role models starting from the shining examples of our Holy Prophet (SAWW) and his Great Companions, ( including men, women, and children), to imitate for character building, practicing golden tenets/values of Islam in our personal, family, & social lives, besides learning best Principles of governance and statecraft.
iv) Our youth can draw great inspiration from the marvelous feats accomplished by the Muslim scientists, discoverers, and scholars in various fields of knowledge, including science & technology during the Golden Period of Muslim history, the hallmark of their Scientific & Technological Pursuits being research & experimentation ( basis of scientific method )
v) The West owes a great deal to the Muslim scholars and scientists who proved to be beacon of light in the dark ages of western world, who extensively borrowed, translated, and learnt from the books and works, and inventions & discoveries of the Muslims.
vi ) The bottom line of this enlightening school education should be such an inspiring introduction of Allah SWT that the youth are deeply impressed and spellbound by ;
a) All His Perfect Attributes;
b) His Marvelous Creations,
Human beings occupying the central place being His masterpiece creation and His Vicegereant on earth;
c) Allah’s Sunnah ( His grand Design, Planning & perfect Methods) in creating and administering the boundless universe according to His divine Wisdom & Will.6) Provision of Adequate Resources :
Since we have now a constitutional obligation to provide for free and compulsory education to 5 to 16 years old students, the federal government have to provide huge sums of financial, and logistical resources to meet this national obligation. Besides, provision of large human resources by recruiting and training teachers for schools is a fundamental obligation of the federal government.
Therefore, we must raise the GDP percentage of expenditure on education from shamefully low percentage of less than 2% to at least 8% for the next 25 years.How could we achieve multi-dimensional ideal benchmarks in education without providing adequate financial resources on regular basis?
Currently Cuba is spending more than 18% of GDP on education, thus setting a great example for the whole world.
7 ) we have also to focus on the character building of youth, based on Islamic values, in schools and madaris by creating activity based supporting environment by motivating the teachers to become role models for their students.
8) Parents have also to contribute in developing the character building module by providing their active support to the students and their teachers.
9) The ministry of education and most of its functions have been devolved to the provincial governments under the 18th amendment of the constitution. But the federal government must not absolve itself of their responsibility towards this fundamental state obligation of providing free and quality school education to the youth of the country.The federal government must provide adequate resources to the provincial governments to enable them to fulfill this very fundamental obligation in the best possible manner, in the spirit of collective partnership.
10) Also in the wake of the 18th amendment, there are certain pertinent questions which have to be addressed.( vide annex A )
PRAYER :-
11) In the light of above submissions, it is proposed that a high level Permanent Commission on Education headed by the Prime Minister of Pakistan and comprising eminent educationists, well reputed religious scholars, Judges and public servants be set up :
A ) To thoroughly revisit and review the prevailing School Education System ( Public, Private, and Madrassa ) and
B ) To take all necessary measures (immediate, short & long term) to ensure establishing an ideal school education system in the country, which is fully responsive to and capable of meeting our national aspirations as well as cognizant of all challenges as discussed in the preceding paras;
C ) To permanently supervise and guide the newly established system of school education to ensure its smooth working.Wassalaam,
Saleem Tariq Lone.
(Retd) IG Police.
0300-5193678