On Saturday, Chief Justice Iftikhar Muhammad Chaudhary took suo motu notice against President Asif Ali Zardari’s decision to elevate Lahore High Court Justice Khwaja Sharif to the Supreme Court bench.
The Chief Justice had earlier recommended that Justice Saqib Nisar be made a judge of the Supreme Court, and so convened a three-member committee to hear why the government has made different appointments.
What impact will another judicial crisis have in Pakistan? Do you think a tussle between the executive and the judiciary will lead to greater political instability? Is this showdown distracting from other pressing national issues?
The following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.
This is a complete non-issue that they have blown out of proportion. I wish they would use up this same time and energy in trying to restructure our inefficient and complicated judicial system.
Like Musharraf, Zardari is unnecessarily afraid of the judges. Judges normally show a way out for the executive. Government should have accepted the recommendation of the SC and paved the way for a harmonious relationship between Judiciary and Executive.
Senior judges should come to the apex court. What is wrong if a senior judge is elevated to Supreme court?
last evening’s events are really very disappointing. Seniority Principle should be followed.
I would humbly request the CJP to give a positive message of understanding to the President and the people of Pakistan by letting the Executive their job. There are so many issues that require a suo moto action that can grant a relief to the poor Pakistanis. I am wonder that why CJP did not take a suo moto action against the today’s verdict of a court which granted bail in Shazia murder case? And I myself is puzzled why CJP did not take such rapid action over the ignorance of Sugar Price verdict. I believe that peoples of Pakistan are not so innocent that they could not understand that what a popular verdict is and what is not.
Ashmal
My friend, root caused for all this is NRO. CJP provided executive to get the NRO passed from the Parliament and it will become law. But PPP fail to do so and since CJP has to conduct hearing of the case according to law, it created uneasy situation for President and all defendants in the Government.
Under the law President has to accept one of the nominee for the Superior court from the list put up by CJ. I’m not sure but if CJ has not recommended Justice Shareef’s name as the nominee, then how President approved his name. That is where President has violated the principle of consultation and CJ seem right to declare notification null and void.
About why CJ moved so fast to suspend the Notification? It is because Governor of Punjab had already arranged Oath taking ceremony next morning. Once that would have been allowed to happen, the situation could have gone out of control for the CJ.
In short Pakistani political parties should support Independent minded judiciary because it is the same judiciary that will save them if any extra judicial force will try to derail the democratic Government in this country. But notorious executive have to learn to digest, what is to follow the rule of law.
There is not a single evidence in the modern or ancient history that any nation has progressed on violating the justice and fair practices. In America,Israel,Britain or in any strong country,there is no concept of interfering with judiciary. Every one is equal before. No president or prime minster is above the law. There should be one law for every body. It is totally unfair to think that judiciary should be under the political parties wishes or parliament. The time has come to support and promote the free judiciary otherwise it will be too late. Remember that tomorrow never comes, support the judiciary today and now.
The corrupts must not allowed to hide under the propaganda and politics.
On Saturday, Chief Justice Iftikhar Muhammad Chaudhary took suo motu notice against President Asif Ali Zardari’s decision to elevate Lahore High Court Justice Khwaja Sharif to the Supreme Court bench.
The Chief Justice had earlier recommended that Justice Saqib Nisar be made a judge of the Supreme Court, and so convened a three-member committee to hear why the government has made different appointments.
This is an executive matter in which Chief Justice Iftikhar Muhammad Chaudhary as CJ is an official making a recommendation which is not accepted. He takes a judicial action. Is this action warranted? I leave this to Justice Iftikhar Muhammad Chaudhary as a person to answer.
Anybody familiar with the political history of Pakistan understands that everything happens between persons and not between institutions. The day the powerful in Pakistan decided to take decisions not because to protect their own interests, but the interests of the country, we will face less and less such useless, uncalled for crisis. Otherwise the circus would continue.
I do not understand who is running the government? The elected people or Judiciary.
Judiciary is playing a politics & working beyond their juridiction. If they are interested in politics then they should resign and become a elected MP.
CJ is acting above the law himself. He thinks he is all powerful and he can do anything he wants. He is creating more problems for system than solving them.
We have been so blinded that we cant have any rational discussion. Has anyone ever discussed what stability these out of control judges and lawyers bringing. what good has his suo motto notices done. What were the reasons which gave Musharaf the opportunity to move a reference. We dont discuss anything…. reason in our suicidal approach to life we have remained blinded.
Someone has to put a brake to this wild run and I may not be a fan of Zardari but I am inclined to back him in it.
We are having judicial crisis every now and then. The matter should be referred to parliament which defines once for all the powers of executive and judiciary.
Asif Ali Zardari wants to elevate his man Khwaja Sharif so that all important rulings are in favour of him.
ftikhar Muhammad Chaudhary wants to elevate his man Saqib Nisar so that all important rulings are in favour of Zardari’s opponents
This is makes me wonder if all Pakistan have a Constitution which should clearly state how judges should be promoted without neoptism?
I am very happy Chief Justice of Supreme Court is enforcing compliance to Pakistan Constitution which our identity as a nation.
Since for the last one year chief justice of Pakistan is in every thing; sugar, missing person, postings, NRO etc, it would be nice if we ask him to run the government of Pakistan. That is the only solution to avoid any future fallout. The fallout will only strengthen the non democratic forces of Pakistan. In the past it is our judiciary which always legalize the take over of elected government and this time it seems they are doing the job themselves. I think the president is right in promoting the judges on the basis of seniority.
Instead of creating employment for the people, our leaders are inventing new problems. Think about education, employment & health. Stop creating problems for the nation.
You are right except this time not our leaders but our Chief Justice Iftikhar is inventing the problems. Do we have any thing in our constitution to look after the out of control judiciary.
Please do not depict this controversy as “TUSSLE”, It is a natural process or phenomena between the good and evil forces.
Rana Tahir Mahmood,
Kingdom of Saudi Arabia.
Zardari has decided according to judge’s case and will emerge victorious. One should never see faults in one each and every time. For more enduring solution 1973 constitution should be null and void and new elections be arranged to make a new state law.
I think this is a blessing in disguise. Yes there will be political instability due to this, but that is how our democratic system will evolve. I salute the CJ and the lawyers for standing up against a corrupt government that only has its personal political interest in mind.
A normal middle class Pakistani is facing numerous hardships, inflation & electricity to name a few and its really unfortunate for Pakistan that the opposition party is not even trying to put the government on the right track.
Time for the people of Pakistan to step out like we did in November 2007 and correct the mistake the nation made in the last elections.
Pakistan Zindabad !!!
The rule in the United States:
The President (Executive branch) nominates a candidate to the Court, then the Senate (Legislative branch) votes on the nomination to decide whether the person will be approved or rejected. If a simple majority (at least 51%) of the voting Senators approve the nomination, the person will be commissioned as a Supreme Court justice. If a simple majority (at least 51%) of the voting Senators reject the nomination, the President has to nominate someone else, and the process starts over.
I agreed with the views of Zahid Khan. The Executive and the Judiciary are just looking at each other deeds and not looking at the poor peoples problems. The CJP no doubt is doing well and abiding by the constitution of the country, but he is not taking Suo Moto on the problems like Electricity shortages, sugar / floor crisis, huge school fees, street crimes. He has to take a Suo Moto and ask the public representative as well as the Police of the particular areas in which the crimes and illegal activities are being committed. Now the time has come for the judiciary to take all the measures in the interest of the people of Pakistan. The tussle between The Judiciary and The Executive can do nothing more than deteriorating the already- troubled country into more trouble. When there is peace, there is prosperity, so please do something at this critical juncture for the sake of country and for the sake of people.
Although I liked the Chief Justice during the restoration movement I think he is overstepping his boundaries here. He created a situation where clash was imminent which does not bode well for the democratic system. It is bound to fail.
No I do not think that the present tussle between the executive and the judiciary will lead to another crisis. Why I think so is due to the fact that it is apparent that the present govt. suits those that actually matter in Pakistan.
The general public in Pakistan fails to understand why it became so necessary for the presidential camp to flex the already cramped muscles. In my opinion this action is a direct interference in the working of the judiciary of Pakistan. If not controlled immediately with a reverse order from the presidential camp, the confrontation will result in a gross loss to either of the party in particular and Pakistan in general. Good sense should prevail. The powers of the president should be restored to its original status ASAP to avoid such situations in future.
AH
Pakistan is the only democratic country in the world, where government cannot make key appointments.
Judiciary should not interfere in political process. The respectable and honorable chief justice of Pakistan should not hinder smooth democratic process in the country that has come into place after heavy sacrifices.
I fear nothing but external aggression in the wake of ongoing tussle between the Establishment and the Judiciary.
What will happen in the wake of external aggression. Will the Honorable Chief Justice of Pakistan will also take “suo-moto” in those circumstances.
Afzal
USA
The masses have elected these people in administration that are tainted with corruption charges. Now, we as a nation can blame no one but only our self if these short sighted rulers start to mess-up with the judiciary. Thanks to lawyers movement that the judiciary is a bit strong now.