The Sterling Record of Pakistan Supreme Court in a Nation Racked by Feudal Corruption

Of the three branches of Pakistan government, the Pakistan Supreme court has a sterling record. the Executive has been hijacked by an unelected usurper and internationally known crook, Asif Zardari. He is suspected of many crimes including the assassination of of his estranged wife Benazir Bhutto (“Bhutto’s son, husband to lead party”. CBS News. 31 December 2007(!). Archived from the original on 3 February 2011. Retrieved 19 March 2011(2).
Hall, Camilla (8 January 2008). “Bhutto’s son says Pakistan may fragment without vote (Update2)”. Bloomberg L.P. Retrieved 19 March 2011.. Zardari is grooming another playboy to “mooch off,” the poor people of Pakistan, namely his son Bilawal Zardari, a never do well awkward and unfit playboy. Pakistan is mired on one hand by an absolutely corrupt and feudal legislature, a military run by a general. who even after reaching the age of retirement, got his term extended for another three years, thus, walking over the chance of promotion of several brilliant military officers to this premier post. Pakistan is run as a fiefdom and a feudal state by a group of families with names like Khar, Gilani,Zardari, Mengals, Raisanis, Bizenjos, Marri, Bughti, Syeds, Khakwani, Kiyani,Rajas (barbers or nais in local terminology),Gujjars, Jats, and a host of minor power elites. They have a chokehold on Pakistan’s economy. their front men are the Muslim merchant class of Karachi led by Memons, Bohris, Khojas, and the Agakhanis, and Gujrati, Bihari, and Bengali expatriates. Karachi itself is remotely governed by a killer mafia led by a British Mafia Don and a killer of over 30,000 people named Altaf Hussain. His specialty is to put a live human being in a gunny sack and sewing the sack-up, then having his goons of MQM pouncing on the person with iron rods and and bamboo poles, until, the cries of excruciating pain stop coming from the victim. Then the victim is dumped in a garbage disposal pit in any one of the hundreds of localities in Karachi. The hypocrisy of this act is borne out by the fact, that the British government, Amnesty International, the US government, the EU Member States, Russia, and China, and the International media all know about this heinous practice and NO ONE to date has raised a voice against it.  Even, India which claims to be the largest democrcy, tacitly supports Altaf Hussain and his gang of murderers. India wines and dines Altaf Hussain, when he visited that nation. The Arab countries  are silent about these ongoing atrocities in Karachi at the hands of MQM. Zardari has formed a coalition with MQM and uses MQM to do his dirty work. It is quite possible that his wife was knocked off by MQM stalwarts, “Jiyalas,” since, no one has been caught for this public murder. Zardari’s dirty work is done by a notorious killer and crook named Rehman Malik, who was rewarded the Ministry of Interior, after Benazir’s “mysterious,” assassination.
 
The only functioning and fair institution in Pakistan is led by a brilliant and fair-minded Baloch, Chief Justice of Pakistan Supreme Court, Honorable. Iftikhar Chaudhry.
 
An Excerpt from The Pakistan Supreme Website is shown below:http://www.supremecourt.gov.pk/web/page.asp?id=113

Profile: Pakistan’s Chief Justice Iftikhar Chaudhry

Iftikhar ChaudhryMr Chaudhry has a reputation for charting an independent course

The controversial career of Pakistani Chief Justice Iftikhar Chaudhry in some respects mirrors that of two of the country’s leading politicians.

Like President Aif Ali Zardari and opposition leader Nawaz Sharif – imprisoned and self-exiled respectively in the course of their careers – Mr Chaudhry made a dramatic return to his position as the country’s top judicial job in 2009 after being unceremoniously sacked two years years earlier.

Pakistan’s top lawyer has form when it comes to opposing the sitting government.

He was one of several judges sacked by President Musharraf after they questioned his right to remain in office. He was reinstated following a long series of street marches in which tens of thousands of people – including many fellow lawyers – rallied around him in a movement that ultimately led to the ousting of Mr Musharraf.

For a time after his reappointment Mr Chaudhry enjoyed a strong populist image, seen as a champion of the rule of law and praised as the only judge in history to have stood up to a military ruler and won.

But in June 2012 he was put in the embarrassing position of having to exclude himself from the bench hearing allegations of corruption made by a business tycoon against his son, Arsalan.

The chief justice initiated the case as a response to accusations that Arsalan had accepted millions of dollars in bribes. Both he and his son deny any wrong-doing.

Lawyers protesting in support of Mr Chaudhry in 2077Lawyers came out in support of Mr Chaudhry after his dismissal in 2007

The BBC’s M Ilyas Khan in Islamabad says that in-fighting between Pakistan’s various institutions of state has destabilised the country’s nascent democratic set-up and further tainted its largely mistrusted legal system.

Yet despite the squabbling and allegations of partisanship, Chief Justice Chaudhry is still considered by many to be the symbol of justice, rule of law and democracy.

His role at the centre of Pakistan’s complicated power structure is a far cry from his earlier background.

Iftikhar Chaudhry was born to a lower middle class family in the western city of Quetta in 1948. He studied law at the local university and started a legal practice in Quetta in 1974.

He tried his hand in many fields of the law – civil, criminal, tax, revenue and, later, constitutional – and qualified for legal practice at the Supreme Court in 1985.

In 1989, the Balochistan provincial government appointed him as its advocate general, and the next year he became a judge of the Balochistan High Court.

He became the chief justice of Balochistan in April 1999 and was elevated to the Supreme Court of Pakistan in February 2000. On June 30 2005 he was appointed the chief justice of Pakistan.

Working overtimeDuring this period, Justice Chaudhry did not betray any signs of breaking with the past traditions in order to chart an independent course for himself.

Pakistan's Supreme CourtThe Supreme court is at the centre of a battle between Pakistani institutions of state

He sat on four pivotal Supreme Court benches between 2000 and 2005 that validated the military takeover by Gen Musharraf, his referendum, his legal framework order (LFO) and the 17th constitutional amendment that gave the president additional powers and allowed him to continue as the army chief.

Although Justice Chaudhry voted with the majority on each bench, he did not head any of them.

However, after becoming the country’s youngest chief justice, he became eager to secure the independence of the Supreme Court and showed a lot of energy in working overtime to clear the backlog of cases.

He established a separate human rights cell at the court for cases involving so-called honour crimes.

He also took on the government and the military, forcing the intelligence agencies to admit they held dozens of people in secret custody.

Getting the administrative and policing system to deliver in such cases often necessitated harsh handling of officials in the court.

He grew increasingly unpopular with those officials, but became the darling of human rights groups whose activists came out in large numbers to support him when he was suspended by President Musharraf.

Observers believe that two factors played a decisive role in elevating him from the realm of the ordinary to that of a hero.

First was the TV image of the judge defiantly resisting reprimands for alleged misconduct by President Musharraf, who at that time was becoming an increasingly unpopular military ruler.

The second was his courage in refusing to step down as a result of this pressure.

The dominant theme of the proceedings – then as now – was of a judge at the centre of a hard-fought and often bitter power struggle between Pakistan’s institutions of state.

 
 courtesy: BBC
 
The Supreme Court of Pakistan is the highest appellate court of the country and court of last resort. It is the final arbiter of the law and the Constitution. Its orders/decisions are binding on all other courts in the country. All executive and judicial authorities are bound to act in aid of the Supreme Court. The Constitution contains elaborate provisions on the composition, jurisdiction, powers and functions of the Court. The qualifications for and mode of appointment of judges, the age of retirement, the grounds and procedure for removal and the terms and conditions of service of judges are elaborately prescribed. The Constitution provides for the independence of judiciary and its separation from the executive. The Constitution assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the State, namely, the Legislature, the Executive and the Judiciary. As guardian of the Constitution, the Court is required to preserve, protect and defend this basic document.The Supreme Court exercises original, appellate and review jurisdiction. It possesses exclusive original jurisdiction for the settlement of intergovernmental disputes between Federal and Provincial Government(s) or Provincial Governments inter se. Under this jurisdiction, the Court pronounces declaratory judgments. The Supreme Court can also exercise original jurisdiction, with respect to the enforcement of fundamental rights, if the case involves an issue of public importance. The Court also exercises advisory jurisdiction, whereunder the President may obtain its opinion on a question of law. Under its appellate jurisdiction, the Court entertains appeals against orders and decisions of High Courts and other special courts/tribunals.

The Supreme Court was created under the Constitution of 1956. It succeeded the Federal Court, set up in 1948, which was successor to the Federal Court of India, established in 1937. Since its creation in 1956, the Supreme Court has retained its name and jurisdiction through the successive legal instruments including the Constitution of 1973.

The Constitution of 1956 provided that the Supreme Court shall sit in Karachi and at such other place as the Chief Justice of Pakistan, with the approval of the President may decide. The Court was housed initially at Karachi but later on shifted to Lahore and housed in the High Court building. The 1973 Constitution provided for the permanent seat of the Court at Islamabad. The non-availability of funds however prevented the construction of the building. The Court shifted in 1974 from Lahore to Rawalpindi and was housed in an improvised building called East Pakistan House. In 1989, funds were allocated for the new building at Islamabad and construction started in 1990. The work was completed and on 31st December 1993, the Court shifted to its new premises in Islamabad.

The present building is a majestic addition on the Constitution Avenue in the Federal Capital. Its white marbled façade depicts the strength of the institution to uphold the principles of rule of law and constitutionalism in the country. The openbook front elevation reflects a unique synthesis of Islamic and Japanese architectural tradition emphasizing the importance of education, transparency and equality before law as avowed objectives of the judicial organ of the State of Pakistan. The Court also has branch registries at each of the four provincial headquarters. Cases are filed at principal seat and/or branch registries. Benches of the Court rotate between the principal seat and branch registries to dispose of cases. With wide/broad jurisdiction of the Court, it is a great relief to the litigant parties to have easy and convenient access to justice, closer to home town.

 

 

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