Legal News India - Vakilno1.com

Friday, September 28, 2007

Pakistan regime warns lawyers against protests


Islamabad, Sep 28 (IANS) Responding to threats by lawyers to picket the Election Commission office here Saturday, the Pakistani government Friday said that no one would be allowed to lay siege to government buildings.

The lawyers' collective in Pakistan is protesting the Supreme Court's decision Friday to allow President Pervez Musharraf to contest presidential elections, seeking second term, even while retaining the army chief's post.

"No one will be allowed to pose a threat to the government buildings," chief of ruling Pakistan Muslim League-Quaid-e-Azam (PML-Q) Shujaat Hussain told reporters.

The lawyers' collective has urged attorneys and lawyers across the country to reach Islamabad Saturday, when the Election Commission (EC) is to scrutinise the nomination papers. The presidential elections are scheduled for Oct 6, and Musharraf and 42 other candidates, including a lawyers' nominee, have filed nomination papers.

The PML-Q chief said that lawyers should mind their own business instead of indulging in politics. He added that the government has alerted the law enforcing agencies against any agitation by the lawyers or the opposition parties.

"Let's make it clear ... no one will be allowed to take law in their hand. If they try to lay siege to any government installation, we will deal with an iron hand," warned Punjab Chief Minister Pervez Elahi told reporters.

A nine-member bench of the apex court, headed by Justice Rana Bhagwandas, by a majority decision Friday afternoon dismissed all petitions filed against Musharraf's candidature and his simultaneously holding two offices of the president and the army chief.

Lawyers and political activists present outside the court chanted slogans against Musharraf and the court. "Go, Musharraf go", "We want independent courts," the protesters shouted.

"Now our struggle will move to the streets from the courts," Supreme Court Bar Association President Munir A. Malik told reporters.

The lawyers have fielded former Supreme Court judge Wajihuddin Ahmed as their candidate in the race. And now they are set to challenge Musharraf's candidature in the EC.

"We have prepared our objections that would be presented to the Chief Election Commissioner (CEC) on Saturday," Malik told IANS.

Opposition parties too protested the apex court's decision. "This is highly disappointing and we reject this decision...We will challenge this decision and demand for a full court (hearing of the petition)," Jamaat-e-Islami deputy chief and MP Khurshid Ahmed told journalists after the decision.

Ahmed said the opposition parties would continue their struggle against military dictatorship shoulder-to-shoulder with lawyers. He added that they and other opposition parties would soon resign from the assemblies.

But Prime Minister Shaukat Aziz was quick to assert that the ruling coalition has the required numbers in the assemblies and Musharraf would have an easy win in the presidential poll.

"We have required number of legislators in parliament and President Musharraf will be elected in the coming elections," Aziz told reporters.

He said that the present assemblies would complete their term. "This will be for the first time in the history of Pakistan that assemblies will be completing their full five-year term and credit for this goes to President Musharraf," he said.

Aziz also said that talks were on between the Pakistan Peoples Party and the government, but refused to divulge any details.

Asked about threats by the opposition to resign from the assemblies before the presidential poll, he said it was entirely their decision. "We want them to continue until completion of the five-year term," he said.

- IANS

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Tuesday, September 18, 2007

Chief justice concerned over rising backlog of cases in the Supreme Court


New Delhi, Sep 18 (IANS) Chief Justice of India K.G. Balakrishnan Tuesday expressed concern over the rising backlog of cases in the Supreme Court.

"The one thing that concerns us is the rising backlog of cases here," said the chief justice, without elaborating.

He made the remark during an informal interaction with journalists. The chief justice had convened the meeting with scribes for a first hand appraisal of their day-to-day problems in covering the apex court proceedings.

The backlog of cases pending in the apex court has been exhibiting a rising trend since 1998, when it had touched an all-time low.

The official data from the Department of Justice reveals that the total number of cases pending in the apex court had come down to 19,806 in 1998 from a whopping 104,936 in 1991. But at the beginning of 2006, the number had risen to around 29,000.

The apex court's quarterly monthly statement on its arrears of cases put the figure of pending cases at 41,581 at the end of March 2007 and 43,580 at the end of July 2007.

Chief Justice Balakrishnan, however, told reporters that he would shortly be taking steps to fill the vacancy of judges in the apex court.

The Supreme Court at present has the vacancy for four judges, while six more judges are slated to retire by November 2008.

Filling the judicial vacancies takes time, owing to which four vacancies of the apex court have been continuing for the last one year, despite the appointment of at least three judges this year alone to fill the three other vacancies that arose owing to the retirement of three judges in the intervening period.

The chief justice also mooted the idea of a short, one-week training for journalists covering the apex court at the National Judicial Academy in Bhopal to help enhance their professional skills.

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Tuesday, July 24, 2007

Pakistan's top attorney resigns after judge's reinstatement


Islamabad, July 23 (DPA) Pakistan's attorney general Makhdoom Ali Khan resigned Monday after the reinstatement of Chief Justice Iftikhar Chaudhry by the Supreme Court and the quashing of abuse-of-office allegations against him, local media reported.

Khan stepped down over his role in the proceedings into a presidential reference against Chaudhry, who was accused of misusing his authority as the country's top judge.

Khan had informed President Pervez Musharraf about his move immediately after the apex court set aside the reference as illegal, but the president asked him to continue with his duties until a decision was taken, the Geo News channel quoted sources as saying.

The attorney general represented Musharraf before the court, which also gave the ruling that the president's order for sending Chaudhry on forced leave was unlawful and passed without legal authority.

Opposition parties have been criticising the officials involved in the case, particularly those in the Ministry of Law and Justice that prepared the reference, and sought their resignation after the Supreme Court's landmark ruling last week.

Meanwhile, the reinstated chief justice retook his office on Monday after more than four months of legal battles with Musharraf.

Chaudhry's March 9 suspension triggered a countrywide anti-Musharraf movement that had come as one of the major crises during the president's mostly unchallenged eight-year rule.

Analysts see Chaudhry's return to the Supreme Court as a major blow to the embattled President.

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Friday, July 20, 2007

Pakistan Supreme Court reinstates chief justice


Islamabad, July 20 (IANS) The Pakistani Supreme Court Friday reinstated Chief Justice Iftikhar Muhammad Chaudhry, four months after President Pervez Musharraf suspended him from office unleashing waves of protests across the country.

The chief justice was reinstated by a full 13-member bench of Pakistan's apex court.

Musharraf had suspended him on grounds that he was misusing his office for personal gain. Chaudhry had since become the focus of opposition to the president, addressing rallies around the country.

The much-anticipated verdict comes only two days after 15 people were killed in a blast in Islamabad, minutes before Chaudhry was to address a meeting. At least 55 people were also killed in three separate bomb attacks on Thursday.

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Pakistan Supreme Court order on Chaudhry likely Friday


Islamabad, July 20(IANS) Pakistan's Supreme Court is Friday likely to pass a verdict or reserve its ruling on a constitutional petition challenging President Pervez Musharraf's suspension of Chief Justice Iftikhar Mohammed Chaudhry.

An unnamed aide to Musharraf was quoted as saying Friday in The News that the president would not like to drag on the issue after the Supreme Court decision, even if it goes against the government.

A 13-member full bench of the apex court is hearing a clutch of petitions filed on Chaudhry's behalf against Musharraf's reference to the Supreme Judicial Council (SJC) on the president's March 9 decision to suspend the judge.

Chaudhry's chief counsel Aitzaz Ahsan told the court Thursday evening that he would take 45 minutes to complete his right of reply to the government defence.

He asked the court to quash the presidential reference filed on the basis of statements of intelligence agencies' chiefs and said that if it was not quashed it would "prove to be the root of all evil", the newspaper said.

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Tuesday, July 3, 2007

Top Pakistani law officials may be sacked


Islamabad, July 3 (IANS) Pakistan's law secretary and attorney general may be sacked, media reports said Tuesday, a day after the Supreme Court slammed the government and imposed a fine for making "scandalous" claims against suspended chief justice Iftikhar Mohammed Chaudhry.

The government moved swiftly to clear the Supreme Court complex and the houses of judges of intelligence personnel and bugging devices, the reports said.

An 11-judge bench headed by Justice Khalilur Rahman Ramday had Monday said that counter-affidavits filed by the government against Chaudhry were "scandalous and vexatious" and aimed at maligning judges in general.

Also, security officials were barred from attending court proceedings and the court ordered that its premises be checked for bugging devices.

Speculation is rife over the likely fallout of the court's strictures.

Prime Minister Shaukat Aziz might be made "a scapegoat", The News said, adding that Law Secretary Justice (Retd) Mansur Ahmed and Attorney General Makhdoom Ali Khan may be replaced.

"Law Secretary Justice (Retd) Mansur Ahmed, who was issued a show-cause notice by the full court on Monday, is likely to be the first in the firing line. Even his friendship with the powerful decision-makers may not save him this time," the newspaper said.

The report said that Mansur Ahmed became law secretary against the rules that bar the appointment of a judge. He was formerly a judge in the Lahore High Court.

Attorney General Khan had been given "enough time to chew" on the proposed government move on the basis of available records, the newspaper said. Khan took weeks before he gave his final nod.

The court had also blasted the government's counsel Malik Qayyum Monday. However, he tendered his unconditional apology, which the full court accepted.

The supposed government strategists, authors of the affidavits and those who planned the strategy to fight Chaudhry include Chief of Staff to the President Lt-Gen (Retd) Hamid Javaid.

However, the newspaper said that he is not considered "a legal mind" and may escape the axe because of his proximity to the president.

Pakistan has been in the midst of nationwide protests after Musharraf suspended Chaudhry March 9 on the ground that he misused his office to promote his son, Arsalan Iftikhar.


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Wednesday, June 27, 2007

Judicial crisis has 'damaged' Pakistan: Supreme Court


Islamabad, June 28 (IANS) Pakistan's Supreme Court has said that the crisis over the suspension of Chief Justice Iftikhar Mohammed Chaudhry has caused "huge damage to the country".

"This is not a case but a crisis. This has caused huge damage," said Justice Khalilur Rahman Ramday, who heads a 13-member bench hearing Chaudhry's petition that challenges the presidential reference against him.

Justice Ramday observed that "a judge of the superior court should have the right to appeal against his removal", Daily Times said Thursday.

The observations came as Chaudhry's chief counsel Aitzaz Ahsan concluded his arguments after 11 working days.

Ahsan submitted that Chaudhry was ready to testify in court and, if restored, would ignore all grievances and strengthen the judiciary.

Chaudhry, whose suspension on March 9 by President Pervez Musharraf has triggered a nationwide stir, has sworn an affidavit alleging that the president and his military staff humiliated him.

He has denied the charge that he misused his office to get a posting for his son.

In response, Prime Minister Shaukat Aziz and his staff, Balochistan chief minister and a number of top officials in the government have filed counter-affidavits against Chaudhry.

Among other things, Chaudhry is alleged to have "pressured" the prime minister's aide to get himself a Mercedes car he was not entitled to.

Ahsan said the affidavits submitted by the president's chief of staff and chiefs of intelligence agencies were "full of contradictions".

Justice Faqir Khokhar said that had Chaudhry not filed his affidavit, the government officials would not have submitted the counter-affidavits.

Ahsan argued that the government affidavits were not meant to give a reply but to malign the CJP. "It was an executive attack on the judiciary," he said.

Thereupon, Justice Ramday said that the court would not take cognisance of the counter-affidavits.

- In Association with IANS

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