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Milestone or simply another stone?

August 1, 2009

Ibn-e-Pakistan

Honorable Supreme Court of Pakistan has declared all measures taken by former President Pervez Musharraf on November the 3rd as “extra-judicial, illegal and unconstitutional”. The news made breaking headline at many news channels.

The judgment came after the 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps which declared illegal and uncontitutional following acts:

  • Sacking of Chief Justice Iftikhar Muhammad Chaudhry and the other higher judiciary.
  • Appointments of judges on and after November 3, 2007 under PCO were unconstitutional.

It is, indeed, a positive sign but still it does not address one bigger issue that haunts entire Pakistani nation and no doubt could be termed as “darkest ordinance” in our history, i.e. National Reconciliation Ordinance (NRO), 2007.

Is it political revenge against former President by people in power? or a first step towards repealing of NRO? In any case, Honorable Supreme Court is requested not to forget action against this draconian ordinance which has handedover Pakistan to a team full of agents working for foreign masters.

We will have to wait to witness whether this verdict was a milestone or just another stone in the face of Pakistani nation.

BRIEF TIMELINE

2007

Oct 6: Pervez Musharraf wins a one-sided presidential election.

Nov 3: Musharraf declares a State of Emergency and holds the Constitution in abeyance.

Nov 3: Musharraf promulgates the Provisional Constitutional Order (PCO) No. 1 of 2007.

Nov 3: On the same day, Oath of Office (Judges) Order, 2007 is promulgated – judges who refuse to take oath under the PCO or were not offered to take the oath would cease to hold office. The senior most Abdul Hameed Dogar is sworn in as the new chief justice. Iftikhar Mohammad Chaudhry and 11 other permanent judges refuse to take oath. They were put under house arrest. Five judges took oath under the PCO.

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26 comments

  1. It is all hoax.Very soon,these so called politicians will create a situation where awam will ask military to take over.Remember,no less than Asghar Khan had asked the army to take over and Zia took over.Todays politicians are much worse.See the scandals in Punjab where ministers and MPAs are involved.In Sindh,a sitting federal minister is involved in burying alive some ladies.
    The socalled courage,rather vindictive,shown by the court is for those not in power.Otherwise,Aitezaz had a secret meeting with COAS(why secret???) and terminated the long march on COAS telephone. They are cowards.They fear the uniform(not respect).Musharraf now is not in uniform.

    Pakistanis become easy prey to foreign conspiracies.US is punishing Musharraf for the diverting 12 bn dollars to defence of Pakistan.

    Paki


  2. It is a total drama, there has been a deal during the days when Nawaz Sharif was disqualified recently and then he threated to separte from coalition with PPP in Punjab, the deal was:

    1. Nawaz and Shahbaz’s disqualification will be nullfied and they will get back in Government in Punjab.

    2. Judges and Cheap Justice will be restored,

    3. Mr. Cheap Justice will NOT touch NRO.

    In the end, all will “mil bant kar” eat Pakistna from inside. Now the drama is ordinances issued during emergency days by Musharraf have been extended for 3 to 4 months and are referred to Parliament for validation and we know all the corrupt harami parliamentarian are beneficiary of NRO thus in the end, it will be validated.

    Pakistani nation is once again fooled.


  3. all u mshaaraf lovers thers things happened under mushaarf also but no body dare speak up.musharraf and cronies did much worse including but bot limited too not giving back bank loans ,stock market scam tc.atleast pmln got resignations from those people who violated party law and broke laws.give credit wher its due and not act like musharraf lovers


  4. A classic case of the Pot calling the Kettle black.
    The nerve of the same Iftikhar Chaudhry not only validating the 1999 action of Musharraf but also allowing him to make the necessary changes in the constituition under the ‘ doctrine of necessity’.Further taking oath as a PCO judge !

    If at all this unilateral ruling based upon self preservation , political agenda and personal vendetta is even accepted hypothetically then entire developments since November 3 .2007 HAVE to be rolled back. Hence,the General Elections itself are NULL & VOID and any government as a result or the Parliament itself is illegal and unconstitutional.
    Musharraf took the action under exactly the same deteriorating law and order situation in Swat, Malakand and Baluchistan at that time. He took the action not in his capacity as the President but as the Army Chief. If the November 3, 2007 position is restored then he as Army Chief may impose an outright Martial Law to deal with the extraordinary law and order situation .
    Alternatively, if the period since November 3,2007 is considered as ‘a closed and past transaction’ and the in the face of Iftikhar Chaudhry’s deliberate mischief now to create a constitutional crisis when the integrity of Pakistan is under threat, the sitting Army Chief should step in and do what Musharraf should have rightly done on November 3, 2007


    • Yaar I am so furious from inside, that why in the hell not a single word on NRO?

      And I was watching Geo TV and there some goon was trying to prove that NRO is a separate matter… bullshit, it would mean that Zardari and his doggies will have to stay in government for another freaking 3 years????

      Bullshit, totally bullshit.


      • The masses voted for the NRO…


  5. Hell Borne.Yes.You can also call this deal as “adalati NRO.” One by one the Mians are being cleared of all the crimes and the Cheap says we do not want to touch the status quo and leave Pakistan in the hands of Haramees.


  6. Yaar Sufi Mohammad sahi bolta hai yeh kuffar ka adaltee nizam hai hi siray se kharab, na is ka sar hai aur na hi is ke peir, corrupt log lunday bazar ke maray howay angrezo ka coat pahen kar sar pe marway howay ghaday ke sufaid baal rakh kar malka-e-bartania ke kuttay ban jatay hain aur apne mulk ka bera ghark karne pe tulay howay hain – salay harami kissi kharish walay kutty ki na jaiz awladain… khoon jal raha hai mera… dil chah raha hai sab kutto ko line se khara kar ke 10 10 kalashankov ke burst maron


    • Sufi Muhammad was rightfully demanding the Sharia system to be practiced,as it ensures quick and right justice in the light of Islam, which was successfully hijacked by TTP. All I can say that Sufi Mohammad’s timing was not right.

      Black coats are more likely to be the black sheeps with Atezaz Ahsan a wolf in sheep’s clothing.

      Congratulations to the whole nation on making an a$$ out of them in broad day light…

      All of them are just fighting to get a stay in the power corridors of Pakistan and are striking deals at every level to coexist and continue to loot & fool the masses…

      The NRO matter is now going to be used by the highly politicized judiciary to black mail from time to time, all those who have benefited from it.


      • Surprisingly, the likes of corrupt people like Iftikhar Chaudhry, Aitezaz`Ahsan, Munir`Malik, Ali Kurd, etc etc. and their Dons like the Sharifs, Imran Khan etc. never express their opinion about the Shariah Law and its implementation in Pakistan and neither do they have the guts to take on Sufi Mohammad by way of a suo moto notice which they they love doing all the time.
        The answer is simple, their Anglo Saxon Laws and the entire politicised Judiciary
        will be wrapped up as also their Turncoat members as they will be out of business .


  7. Just for correction of records.NRO was promulgated on 25 Oct.2007 i.e.before 3rd Nov.2007. Here Zardari might escape.But Zardari oath was administered by ill-legal Dogar. Elections were held under “usurper” Mosharraf.Hence Nawaz will start movement for a mid-term elections, his longstanding wish.Choudhry has to be loyal to Nawaz.


    • The Sharifs are equally if not more corrupt than Zardari. They also hugely benefited from the NRO as well. They are poltical orpahans who were first midwifed by Gen ZiaulHaque and true their character they disowned their Father Zia ul Haque after publicly weeping on his grave and taking an oath that they will further his cause.
      What face do they have to talk about DEmocracy ?
      They sacked the Chief Justice Sajjad Ali Shaa and physically assaulted the Supreme Court like street thugs and now they champion free judiciary. What hypocrites ?

      Why arrive at Zardari’s oath ? Even the parliament thrown up by the Elections are illegal including PML ( N ) and everything must be rolled back to November 3 position then


  8. i only want my country to have justice. Musharaf’s Nov 3 actions were mala fide. He intended to avoid a decision that was clearly against him. No army officer can stand in a presidential election let alone winning it.
    Justice iftikhar is popular because he stood against the powerful – the army chief and the agencies. If we want to have justice then people like Musharraf must be punished. He has formalized corruption like no one before him. In 2002 he won favor through dubious means and by black mailing and then rehabilitating the most corrupt lot of politicians. He then gave NRO to the most corrupt and convicted robbers and murderers. If there is anyone who still praises him, i can only pray that person!


    • Don’t try to distort the facts :
      1.Iftikhar Chaudhry was repeatedly and mischievously postponing the verdict on Musharraf’s eligibility to contest for the position Of President by coming up with lame excuses that this or that judge has to attend a wedding etc. Iftikhar was colluding with Sharifs to delay it for the sole purpose of letting the tenure of the then Parliament lapse.

      2. The law and order situation in Swat and Malakand had deteriorated to alarming levels and Musharraf had no choice to act and declare an Emergency. He did so as the Army Chief not as the President.

      3. Iftikhar Chaudhry was`never investigated for the corruption charges filed against him under the Presidential Reference. His poodle Aitzaz managed to get him off the hook by getting the case sidelined on technical grounds ( admissibility )

      4. Chaudhry is absolutely spineless. He himself had validated Musharraf’s takeover in 1999. He had taken oath under the PCO . He allowed Musharraf to make constitutional changes and gave him three years after which elections could take place. He is not popular, he is a judicial/poltical activist on the payroll of the Sharifs ( recent decisions have proven it beyond any doubt )

      5.Sharifs alongwith Bhuttos/ Zardari are direct beneficiaries of the NRO which they begged the Americans to force Musharraf to agree to and provide a fig leaf of Democracy in Pakistan.

      6. Musharraf as Chief Executive and his directly appointed Cabinet comprising tecnocrats and professionals delivered 100 % results upto 2000

      7. True to his commitments, he held fair elections and the nation elected the same old corrupt feudals/ dynastic crooks to the Assembly again. The cabinet is drawn from the same corrupt people. So, how can Musharraf be blamed for it or for their performance. The nation wanted ‘Democracy’ so they are responsible for it.

      Hence , we can only pray and sympathise with the ignorant people like you who are in self denial and can never accept the truth at all. Pathetic


    • Dude, Let Musharraf go Please..

      The masses have taken full advantage voting for the same corrupt people for Democracy. I dont feel sorry at all when I see them in play. I just hope that sooner or later the masses should come to their senses and just start a rebellion. A revolution or simply follow suit like Honduras. What ever is happening there, just get rid of these politicians!


  9. We are living under the system of Kufr’, this system is only in place so the ruling class can facilitate eachother. “Sab nangay hain aur ek dosray ka gund dhotay hain”

    Dramay bazi is going on, infact our filthy institutions are performing better than so stupid indians “kyunkay saas bhi kabhi bahoo thi”


  10. The point to note in the judgement is dissolution of Islamabad High Court.While Zardari’s oath taking has been exempted and so many other things,why IHC was not.Judiciary itself working against Judiciary.
    The fact is that IHC was eroding the authority of Punjab which Nawaz never accepts.He thinks Punjab is his “jageer”.
    Let us see when IHC is re-instated.


    • You are absolutely right.
      Moreover, it is a basic judicial norm that a judge who has any direct or indirect personal interest or angle in either party cannot sit on the Bench. ( Where are Iftikhar’s poodles , Aitezaz, Kurd and Munir Malik . on this legal point ? Probably still counting the loot for the ‘services rendered’ )

      Not only did the corrupt and heavily politicised Chaudhry delibertaely ignore this but beligerently presided over favouring Nawaz Sahrif in several recent cases and even in this one when he has blatantly shown a biased selective perception of the worst kind ever.
      A judge of the worst kind even cannot cherrypick when making a ruling .

      Judiciary / Media should be ‘ Azad’ but not ‘ ‘Awara’
      It is totally unacceptable. Kiyani should step in before the country goes down.


  11. Nobody is saying that Musharraf was an angel.Among the evils,you have to choose the lesser one.
    With GDP@8%,reserves @17 bln,development in the interiors of all provinces,masses were hopeful for a very bright times ahead.”Brain Gain”was taking place.Foreign Universities were coming(now India is following our example).Foreign direct investment was flowing in.
    If Musharraf had a chance,he would have struck hard on the menace of Zaat,Brathery,Tribalism and provincialism.
    He was not a politician otherwise he could have held snap elections after four years and would have sweeped and none of the currentproblems had arisen.

    Or, could have postponed the election by one year(provided in the Constitution).He had the guts of facing the oil at $145/=.
    He was sincere in constitutional amendment for Interim govt.so that election results,held under such govt. are acceptable.But this was frustrated by Benazir killing.

    One great achievement of his were opening of electronic media(although the same media caused his exit).For 15 years the file was lying with Benazir and Nawaz,but they were afraid.When Musharraf came,he acted upon it(although no demands were made by the concerned parties).This has made governance very difficult as politician’s hypocracies are exposed.Outwardly,this politician may be a Haji but actually a Zani and thug.


  12. …point 6 , last line should read as … results upto 2003′.


  13. excalibur! For a musharraf poodle like you! you have admitted yourself that upto 2000 he delivered 1005 percent Thats right! I was with him until he was doing what was good. But once he started to perpetuate himself by buying the corrupt politicians, he lost favors among those who can think not just blindly follow someone whom they like for may be personal reasons. Good or bad is beyond personalities. People like you are stuck with personalities. Justice Chaudhry has no conflict of interest here. He was the legal chief justice and Musharraf acted with malice when he removed him. I hope you can see the truth and be able to recognize it too.


    • Please see my response to Paki Aug 1 above, it is in simple English.

      Yes it is not about personalities but one should have the moral courage to call a spade a spade.
      Musharraf had nothing to do with the election of the same worhthless and spineless politicians of the feudal/ dynastic/ bradari type. Most of then were the remnants of PML ( N ) and PPPP who got thrown up by the electorate in 2003
      The fringe religious bigots got to form the governments in Baluchistan and Frontier and`Musharraf being a fair man never intervened. The result was that these religious fanatics aided and abetted the inroads made by taleban and their cohorts inside the settled districts like Swat.

      The corrupt Chaudhry had absolute personal inerest in both the cases restoring the Sharifs and mad rage and anti Musharraf vendetta in the recent case. Judicial norms prohibit him to even sit on any such Bench. Chaudhry , true to his demented mind is hell bent to destabilise Pakistan. Why does he not have the guts to take suo moto action against the NRO or Sufi Muhammad and his declaration that Chaudhry’s Anglo Saxon judiciary and all its spineless members are un Islamic and kafirs.


  14. Various channels are discussing where and how the “doctrine of necessity” has been buried.Dogar illegal but Zardari(who was administered oath by Dogar)legal.
    Was the court afraid from Benazir’s fate.
    A new doctrine of ” jan bachao” has been started.


    • And yet the Turncoats, the civil society, Sharifs,Asma Jehangir, Imran Khan, JI , Aitezaz & Co. are now blind and will not take to the streets and launch a ‘ historical’ movement and reach a ‘ defining’ moment .Hypocrites one and all.


  15. I have just seen the judgement as posted on http://WWW.GEO.TV.It is all political judgement.
    Moreover,a contempt of the constitution,which Iftikhar claims to hold high:
    In Para (9)he says “the notorious 8th amendment”.As long as any clause is in the constitution,it should be sacred for judiciary.It is clearly a political phrase echoeing Nawaz feelings.

    In Para(10),it should be added that although Musharraf voilated the constitution in ’99,but I still took oath under PCO.
    In para(15) should add:although Dogar dismissed Wajeehuddin petition,buy Wajeehuddin accepted the verdict and contested the elections against Musharraf.

    Para 22(1): Does it mean Saaeduzzaman should be restored.


    • Absolutely right!

      Para( 10 ) should also include …. but I still took oath under PCO and validated Musharraf’s violation of the Constitution’ and gave him another three years to make amendments in the Constituition.

      Hence, Chaudhry has implicated himself as a co conspirator and culprit who aided and abetted Musharraf. He has no moral or legal right to continue warming the Bench ?

      ( Turncoats, Aitezaz, Kurd, Munir Malik et al where are you hiding now ? )



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