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Saturday, 1 August 2009

What was General Kayani's message to Aitzaz Ahsan? How independent is the Supreme Court of Pakistan?

Islamabad: In a verdict having far-reaching implications, Pakistan's Supreme Court on Friday declared as "unconstitutional and illegal" the emergency imposed by former President Pervez Musharraf in 2007. A 14-judge bench headed by Chief Justice Iftikhar Chaudhry also declared as unconstitutional Gen. Musharraf's action of sacking over 60 members of the judiciary who did not endorse the emergency imposed on November 3, 2007.

...However, there were indications of manoeuvring behind the scenes to ensure that Gen. Musharraf, who still enjoys the backing of the Army, was not humiliated in any way. A recent courtesy meeting between Army chief Gen. Ashfaq Parvez Kayani and leading lawyer and PPP leader Aitzaz Ahsan triggered speculation that the military had conveyed a message that the judiciary should not rock the boat.


Aamir Mughal said...

What was General Kayani's message to Aitzaz Ahsan?

Message was old:

Back off!!!!

SC couldn’t even call Retd General Aslam Beg in contempt case back in 90s what to talk of calling Musharraf for treason [Keep it up Aitzaz, Hamid Khan, Kurd, Munir Malik, Rasheed A Rizvi and last but not the least Iftikhar Mohammad Chaudry [keep it up Mr Kiyani]
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 Monthly , June 2007
Well-deserved comeuppance By Kamran Shafi
March 11, 2008
And that was the statement by the COAS as reported in the press: “Chief of the Army Staff General Ashfaq Parvez Kayani announced on Thursday his institution’s complete support for the elected government and the democratic process. However, he called for avoiding schism between various pillars of the state and dispelled a perception that the army was distancing itself from the president.” While it is good and proper that the army will completely support the elected government, was it not absolutely inappropriate for him to call for “avoiding schism between various pillars of the state” and for saying that “the army was not distancing itself from the president”.
May one ask what happens if the elected representatives of the people were to impeach Musharraf? Or if the resurrected judiciary were to rule that Musharraf’s election was illegal and unconstitutional? What about the ‘schism’ then? When the COAS speaks about the ‘pillars of state’ does he consider that the person of Musharraf is one such ‘pillar’ in spite of the fact that he was ‘elected’ president under Emergency rule, an act Musharraf himself said was unconstitutional? What was the point in saying anything at all? No sirs, it is high time that you went back to your training areas and firing ranges and exercise grounds and became the professional army you were before the Commando’s loving ministrations. And, indeed, to the Year of the Soldier after so many Decades of the General. And please keep your noses out of politics; I assure you we bloody civilians can manage the country’s affairs better than 22 Commandos put together.

Aamir Mughal said...


Pakistan Tehrik-i-Insaaf chief Imran Khan has hailed the SC verdict on the Oct 12 change and said that it will provide the present government with an element of legitimacy. Mr Khan said the government should start the implementation of the seven-point agenda. He said it should give priority to the accountability process. It should declare casting of vote mandatory for every voter and undertake other needed electoral reforms to discourage the election of corrupt elements for parliamentary slots. He said the government should also set a limit for election expenditure.

In a Press statement issued on Friday, he said after the announcement of the SC verdict the government would no longer be able to give lame excuses to the people who were waiting for positive results. He said the government should have got a vote of public confidence directly through a referendum soon after the takeover. But now the regime should fulfil its promises without any delay and work in accordance with public expectations as it has been provided a period of three years for this purpose by the Supreme Court of Pakistan.

Reference: PML accepts SC verdict: Shujaat Reporter DAWN 13 May 2000


What about Corrupt Judges who took jobs from Musharraf for example:

I will just quote Daily Newspapers. One of the wonders of Internet is this that the History can no more be kept hidden.

1 – Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000]

Five judges elevated to SC Bureau Report

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.

2 – Chaudhry Iftikhar named new CJ [Daily Dawn 2005]

3 – A weary scene re-enacted Ayaz Amir [Daily Dawn 2000]

As per Daily Dawn dated Week Ending Dawn Wire Service] : 5 February 2000 Issue : 06/05


Caudhry Iftikhar named new CJ By Our Staff

Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426


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