pakistan

Suo motu should reflect collective wisdom, observes Justice Isa

Published

1 year ago

April 19, 2023

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Senior Supreme Court judge Justice Qazi Faez Isa says a wrong decision is wrong even if majority endorses it. “Two wrongs don’t make a right,” he quipped.

Justice Isa was speaking at a ceremony held here on Wednesday to celebrate the golden jubilee of the 1973 Constitution. The theme is “Pakistan’s Constitution as a Symbol of National Unity”.

In a possible reference to the ongoing constitutional tussle regarding formation of bench on holding elections, he said “if a decision is wrong, it will remain wrong even if a majority endorses it. A lie cannot be turned into truth by a number game,” he observed.

Justice Isa said the word 184(3) had been used in the Constitution, and not suo motu. “This article 184(3) empowers the Supreme Court with conditions to do something for the implementation of fundamental rights. This article secures those who cannot afford to hire services of a lawyer. This article has been used extensively in Pakistan, sometimes in good faith and sometimes bad.”

He said 184(3) could not be used to benefit an individual. “This article should be used in public interest. Extreme care should be taken while using this article,” the justice declared.

“In my opinion, the authority to invoke 184(3) rests with the Supreme Court. My friends are of the opinion that the chief justice has the authority to take suo motu notice. There is also an opinion that if 184(3) is invoked, all the judges of the Supreme Court should hear it. Tell me under which article, I will be corrected and I will follow your theory,” Justice Isa observed.

Tracing the background of the wrong decision by the judiciary, he said the main reason for dismemberment of Pakistan was a wrong judicial decision. The justice opined that dismemberment of Pakistan was not a sudden incident, but its seeds were sown [way back in 1950s]. Justice Munir of the Federal Court sowed the seeds that broke the country through a wrong judicial decision. The poisonous seeds grew and the country was divided into two parts in 1971, he added.

Justice Isa said that what we do today, its consequences continue for centuries. Zulfikar Ali Bhutto was sentenced to death by one vote.

“If you don’t want history to repeat itself, then learn from the history. History has repeated itself many times to teach us – 1958, 1977, 1993 and 1999. History has taught us lessons seven times,” he continued. The senior judge termed the Constitution a gift.

Criticising dictators, Justice Isa said every dictator realised after some time that he was a democratic person. “The dictator [a possible reference to Gen Ziaul Haq] conducts a referendum and the results is 98%.”

Unlike the referendum, the results of the general election in Pakistan never exceeded 60 per cent, he maintained. He said that despite the differences, the government and the PNA sat at the negotiation table and resolved the issues. But on July 4, 1977, one person seized power. On Oct 12, 1999, another government employee took over power. Musharraf’s second strike was on Nov 3, 2007 when he imposed emergency.

The justice called himself an optimist. He said the judges were burdened by the Constitution “as we have taken an oath to defend and protect it”. “Unless people understand the constitution, it will have no value.”

He said every tyrant says my will, but the constitution says it’s will of the people. In a dynamic society, there are differences of opinion. If everyone starts nodding in support, then it will become a monarchy and a dictatorship.

Justice Isa said Article 58-2b was added to the Constitution to remove an elected government on one’s whim. The article was used and the self-picked government of Muhammad Khan Junejo was removed. The article was removed through 18th Amendment and provinces were empowered, he said.

He said “arrogance and ego are two worst traits. If you are sitting at a high position, you should not be egoistic. The day I will become egoistic, I will not be a judge. Ego has nothing to do with disagreement,” he concluded.

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pakistan

Court reserves verdict on PTI founder’s bail plea in May 9 case

Published

1 day ago

May 16, 2024

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Court reserves verdict on PTI founder's bail plea in May 9 case

The Islamabad district and sessions court has reserved verdict on the bail plea of the Pakistan Tehreek-e-Insaf (PTI) founder in the May 9 case.

Judicial Magistrate Omar Shabbir heard the case against the PTI leader registered in Shahzad Town police station.

Naeem Haider Panjhota, Sardar Masroof and Amina Ali appeared before the judge as counsel for the PTI leader.

The lawyers said the case against the PTI founder had not been pursued by an authorised officer. All cases against him had been instituted on the basis of politics and should, therefore, be quashed, they demanded.

The court after listening to the arguments reserved the verdict.

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pakistan

Rawalpindi court bins plea for initiating case against former commissioner Liaquat Chattha

Published

1 day ago

May 16, 2024

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Rawalpindi court bins plea for initiating case against former commissioner Liaquat Chattha

The Rawalpindi Sessions Court on Thursday dismissed a petition seeking the registration of a case against former Rawalpindi commissioner Liaquat Ali Chattha.

Additional District and Sessions Judge Hakim Khan issued a two-page written order on the petition.

In its order, the court observed that apart from the Election Commission of Pakistan (ECP), a departmental inquiry was also being conducted against the former commissioner.

If the allegations were proven in the ECP and departmental inquiries, a legal action was certain, the order stated, adding that in this situation, there was no justification for registering a separate case against the former Rawalpindi commissioner.

Two lawyers from Rawalpindi had filed the petition seeking the registration of a case against former commissioner.

In a Feb 18 presser, the former commissioner admitted that elections in his division were “rigged”.

The commissioner accused Chief Election Commissioner (CEC) Sikandar Sultan Raja of being complicit in the rigging and asserted that he, along with the CEC and Chief Justice of Pakistan Qazi Faez Isa, deserved punishment, even the death penalty, for their injustice.

Chattha expressed remorse for forcing his subordinates to engage in wrongdoing and admitted that winning candidates were made to lose on 13 seats in the Rawalpindi division.

Later on Feb 23, Chattha retracted his earlier statement in a written statement submitted to the Election Commission of Pakistan (ECP).

In the statement, Chattha confessed to having supported the narrative of the Pakistan Tehreek-e-Insaf (PTI) about rigging in the general elections and maligning state institutions in exchange for a lucrative position in the future.

He stated he had been made this offer by a Lahore-based PTI leader with whom he had developed a close friendship.

Chattha alleged that “this entire planning had been formulated after consultation and approval of the senior leadership of PTI”.

He stated that this proposal was made by the said [PTI] individual in consideration of the fact that he was about to retire from service after having remained a part of the services for 32 years and enjoyed all the perks and privileges.

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pakistan

IHC orders Zartaj Gul to appear before court with record in ECL name removal case

Published

1 day ago

May 16, 2024

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IHC orders Zartaj Gul to appear before court with record in ECL name removal case

Islamabad High Court (IHC) has sought the record from Zartaj Gul’s counsel on a petition seeking the name removal of PTI leader and MNA Zartaj Gul from the Exit Control List (ECL).

IHC’s Justice Tariq Mehmood Jahangiri heard the case on Zartaj Gul’s name removal from ECL.

During the hearing, the state counsel stated that Zartaj Gul’s name has been included in the Provisional National Identification List (PNIL).

Upon inquiry from the court, the state counsel informed that Zartaj Gul’s name was included in PNIL on the order of Islamabad and Punjab police, and the Federal Investigation Agency (FIA) was responsible for including the name in PNIL.

Also read: PTI’s Shibli Faraz, Raja Basharat, Zartaj Gul secure bail in May 9 cases

State counsel added that five cases were registered against Zartaj Gul in Islamabad and Punjab.

The petitioner’s counsel, Advocate Usama, disclosed that Zartaj Gul has been granted bail in those cases. He reiterated that the name was being included in the PNIL list despite being on bail.

During the hearing, Justice Tariq Jahangiri inquired about how many cases Zartaj Gul has been granted bail in and ordered the petitioner to appear before the court in the next hearing.

Consequently, IHC has adjourned the case hearing until next week by directing Zartaj Gul’s counsel to appear before the court in the next hearing with records.

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