Fakhruddin G. Ebrahim Comments about the Present Judicial Crisis

Dr khan
I am quite at ease and chilled and if further think of chilling I can be victim of frozen limbs.
This is world to live for all.
I am adopting highly realistic approach by directly challenging the attackers that on what basis he is attacking me like that.
We all are weak humans and can never behave like God or even near to Prophets on the extent of forgiving and granting more space for further trespassing even in verbal attacks.
His mighty has created natural process of retribution which is surely activated on its defined time and its affects are irreversible and uncontrollable.
Men are considered better if they prove their credibility by accepting their mistakes and giving up wrong habits of bullying the so called weak genders.
Some time due to circumstances and working under over pressure conditions spikes appear on weak species causing trouble to our Alexanders of the earth.
So watch carefully whom you are trying to conquer through wrong means!

take it easy lady and just relax.
this is the men's world.
Use your famous realistic approach here.

Trust me
this essay should be accounted in" general attacks" on vagabonds of our society.

is it realy necessary to post an essay even in responding so called "personal attacks"?

Dr khan
When you people have nothing to say you come to the point let it go let it go.

Why you are picking me for counseling only
I am not attacking any body for no reason.
nor misshaping the name of any body.
If people get provoked through my humble acts then again it is my fault????
You the literate people sometime look me beard fanatics(mostly BABA JEES) whom I find on streets while chasing the women folks for covering their head and telling them religious norms without demand of any call from ladies.
I have retorted them many times that why you pay attention to men of our streets, sitting on open ways for toilet purposes or even never dared to stop men by constant and dirty staring to passerby ladies and many many more criminal tendencies of male in our public areas.
In return I faced same kind of response as you are giving me that I am provoking the people .So sad to see the same attitude among our self declared educated group

let it go nazia ...just let it go.
its seems that your "humble" way is provoking him.
chill out lady

DR Khan
What kind of dr you are.
Instead of picking the person who is sick you are criticizing me for nothing.
A unknown person by calling me nausea is showing me his loathing attitude because nausea is some kind of sickness.
Read carefully I still offer my help behind his/ her trouble if it is done by me.
But he keep on attacking me without defining me proper reasons.
I have no problem with my name and identity as my acquaintances in this net world know that I never use fake identities to dodge others.But people often do it for attacking me .So nothing matters like that on my originality but I have full rights to ask the reason of verbal attack on me and that is what I am doing in my humble way.
So be logical and see who is actaully trying to irritate.

@nazia
why do you irritate so easily?
you will remain what you are no matter how some one spells your name? nausea or nazia...what difference it makes?

The rapist
what kind of unreasonable sticky person are you.
I am fairly trying to help you in your sickness without knowing the exact reason of prejudiced hostility for me.
Dont worry my time is very precious and I am utilizing it best of my god gifted wits.
I have no such character like unsocial and uncivilised as you are thinking in your nauseating symptoms.
When you will overcome your mental sickness than I would try to enlighten you some types and requirement of social work in insecure Pakistan.So first take care of yourself a lot before throwing anger to unknown people wihtout any genuine reason.

dr khan
what is interesting in this discussion that is oozing your love and laugh senselessly???

LOLz....hahahahahahahhahaaaaaaaaa.i love this discussion.

Nausea
You are wasting everyone's time with your highly unsocial conduct.Are there different kinds of social workers?Please enlighten us about the kinds of social workers in our country.And let us remain civil.

Therapist

My name is Nazia it means honor and proud.
It is you who are feeling nausea after reading my name so you are in pain not me
I am quite fit and healthy in honorable and respectable environment.I would surely visit you on your real request if you would be trouble or need my help.
I am kind of social worker.
Dont worry about me I am quite hale and healthy and ready to help sick people like you.

Any further crisis will lent free hand to the extremists. Just like the Peshawar blast. Unless and until the overall system is not stable, the terrorist will keep coming back and attacking Pakistan. The instability of any public department is a weak point of the nation and the Taliban will exploit that. CJ was on the Taliban hitlist earlier to create more chaos.

Nausea
It is now confirmed you need treatment.Do visit a therapist before it gets worse.You are sick and sickening.

Therapist
There is no problem in my name and actual problem to your nauseating nature is your mental sickness.It may be side affects of acidity or severe heartburn so when ever you read my comments and feel nausea then take yogurt or calcium tablets while reading it.
if same conditions prevail then you can taken Zantac twice a day for better feelings.
Remember I am not a doctor so take medicament on your own risk.
If no improvement is observed that consult your near physician for detail check up of this nausea like situation.
I am here to help you in all ways if I am source of your all problems.

Mugahl
You are not in mood of giving any little space to this nascent judiciary.
You have given reference of case of Liquat ali khan.After his death and till now Pakistan faced three largest tenures of martial law that have become the main reasons of all kind of degradation of institutes of Pakistan.Among which judiciary was on the top.
You are giving references of principles of first world democracy for judging their judical standards.Those countries are enjoying democratic culture for more than 100 years and you people are losing patience in just one year of liberated judiciary from the clutches of military men.
So try to give them protection , ignore their little errors so they can transform into strong shaded tree from little stem.This way they can provide protection to other institutes of state.

Chief Justice is seen by many, particularly those in the pro-PML-N camp, as the custodian of Pakistan. Unfortunately our free judiciary, most of them of Punjabi origin, seems to be in the PML-N camp. Justice Ramday (who happens to be the brother of a PML-N candidate for National Assembly) restored Cheif Justice Iftikhar Chaudhary once, now CJ wants to pay back, pressurizing and blackmailing President Asif Ali Zardari to reappoint Justice Ramday as an ad hoc Judge. It was not the end, Justice Ramday the custodian of Justice and honesty should himself call it a day but he did not even utter a single word upon recommendation by CJP as adhoc judge. Perhaps for Chief Justice it is easy to keep this capo in bundle and use them according to his requirement. Take a little from the history: The Lahore High Court once passed a resolution against Mr Justice Khalil Ramday stating that he is mentally unfit hence must not be allowed to practice! See the bad luck of our judicial system and judiciary, mentally unsound judges giving justice, now he too is (being portrayed) as a custodian of judiciary. The people of Pakistan are well aware of the historically shameful role of the Supreme Court of Pakistan in derailing democratic governments or/and supporting military dictators in the past. In that context, there are some legitimate questions about the nature and aims of any secret meetings that CJ Chaudhry is currently holding with Shahbaz Sharif, Ansar Abbasi and other persons with known anti-PPP agenda.

Nausea
These spellings of your name seem more appropriate to your person.

Thank you Mr.Mughal.

I think this judges thing has started to become publicity stunts just to get the attention of people away from the ongoing extremism crisis in Pakistan. There was just a blast today in the mosque which left 11 dead in a MOSQUE!! I think more instability will lead a freehand to the extremists! GUYS WAKE UP!!

A Different kind of "Law of Necessity"

Basic Principles on the Independence of the Judiciary
http://www2.ohchr.org/english/law/indjudiciary.htm

CJ’s meeting with PM against traditions Thursday, February 18, 2010 By Sabir Shah http://www.thenews.com.pk/top_story_detail.asp?Id=...

Code of Judicial Ethics for the Judges and Judiciary:

May please be read in the light of above mentioned Past History or very recent History.

"QUOTE"

As per International Criminal Court, Judges must follow the following principles while they are Judges:

Noting the solemn undertaking required by article 45 of the Rome Statute of the International Criminal Court (the “Statute”) and rule 5 (1) (a) of the Rules of Procedure and Evidence (the “Rules”);

Recalling the principles concerning judicial independence, impartiality and proper conduct specified in the Statute and the Rules;

Recognising the need for guidelines of general application to contribute to judicial independence and impartiality and with a view to ensuring the legitimacy and effectiveness of the international judicial process;

Having regard to the United Nations Basic Principles on the Independence of the Judiciary (1985) and other international and national rules and standards relating to judicial conduct;

Mindful of the international character of the Court and the special challenges facing the judges of the Court in the performance of their responsibilities;

Have agreed as follows:

Code of Judicial Ethics

Article 1

Adoption of the Code

This Code has been adopted by the judges pursuant to regulation 126 and shall be read subject to the Statute, the Rules and the Regulations of the Court.

Article 2

Use of terms

In this Code of Judicial Ethics the terms “Court”, “Statute”, “Rules” and “Regulations” shall have the meaning attached to them in the Regulations of the Court.

Article 3

Judicial independence

1. Judges shall uphold the independence of their office and the authority of the Court and shall conduct themselves accordingly in carrying out their judicial functions.

2. Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.

Article 4

Impartiality

1. Judges shall be impartial and ensure the appearance of impartiality in the discharge of their judicial functions.

2. Judges shall avoid any conflict of interest, or being placed in a situation which might reasonably be perceived as giving rise to a conflict of interest.

Article 5

Integrity

1. Judges shall conduct themselves with probity and integrity in accordance with their office, thereby enhancing public confidence in the judiciary.

2. Judges shall not directly or indirectly accept any gift, advantage, privilege or reward that can reasonably be perceived as being intended to influence the performance of their judicial functions.

Article 6

Confidentiality

Judges shall respect the confidentiality of consultations which relate to their judicial functions and the secrecy of deliberations.

Article 7

Diligence

1. Judges shall act diligently in the exercise of their duties and shall devote their professional activities to those duties.

2. Judges shall take reasonable steps to maintain and enhance the knowledge, skills and personal qualities necessary for judicial office.

3. Judges shall perform all judicial duties properly and expeditiously.

4. Judges shall deliver their decisions and any other rulings without undue delay.

Article 8

Conduct during proceedings

1. In conducting judicial proceedings, judges shall maintain order, act in accordance with commonly accepted decorum, remain patient and courteous towards all participants and members of the public present and require them to act likewise.

2. Judges shall exercise vigilance in controlling the manner of questioning of witnesses or victims in accordance with the Rules and give special attention to the right of participants to the proceedings to equal protection and benefit of the law.

3. Judges shall avoid conduct or comments which are racist, sexist or otherwise degrading and, to the extent possible, ensure that any person participating in the proceedings refrains from such comments or conduct.

Article 9

Public expression and association

1. Judges shall exercise their freedom of expression and association in a manner that is compatible with their office and that does not affect or appear to affect judicial independence or impartiality.

2. While judges are free to participate in public debate on matters pertaining to legal subjects, the judiciary or the administration of justice, they shall not comment on pending cases and shall avoid expressing views which may undermine the standing and integrity of the Court.

Article 10

Extra-judicial activity

1. Judges shall not engage in any extra-judicial activity that is incompatible with their judicial function or the efficient and timely functioning of the Court, or that may affect or may reasonably appear to affect their independence or impartiality.

2. Judges shall not exercise any political function.

Article 11

Observance of the Code

1. The principles embodied in this Code shall serve as guidelines on the essential ethical standards required of judges in the performance of their duties. They are advisory in nature and have the object of assisting judges with respect to ethical and professional issues with which they are confronted.

2. Nothing in this Code is intended in any way to limit or restrict the judicial independence of the judges.

"UNQUOTE"
==========================

How extra r can create misspell in your name.
I think in Persian R is also pronounced with double sound in Khurrum name.
My one female friend and one male cousin owe this name so on one can even distinguish whether it belong to masculine or feminine side.
You can also check it but as per your choice, next time I will be careful, no need of thanking me.
It is my correction.

Please do not misspell my name.Thank you

Khurrum
What point stumped you?
CJP has gone to Prime minister of Pakistan in front of whole media.
It was not a secret meeting nor done in PPP office but in a building that belong to Pakistan not by yousuf raza gillani.
We all are passing to the process of evolution after long time.
We would see different and unusual things around us.
Dont take things lightly as it is looking.
This is not an ordinary move from coward zardari.
It is indication of something going on fishy in house of helms which is often ISI HQ .

Did you read the full report at Dawn?The other link does not open.

Chief Justice of Pakistan goes to PM HOUSE to do what?Is this in keeping with the tradition and dignity of this office or was this to do with POLITICS?Any thoughts please.I am stumped.

Imran
After hearing latest updates you might come to conclusion that
Real boss is always right.
So fake characters should avoid Panga with genuine people.
Original personalities has prowess of behaving like heroic character whether people think him sheep.Fake and hidden characters/identities, no matter roar or behave like lion of jungle but cant dare to enter in the cordoned premises of law.
You are watching the power of law is becoming dominant on illegitimate desires of ruling group.
CJP has no arms power, no gangy nature, a very docile but resilient personality which is only limited to his working domain. but he third time won his case against powerful general and NRO protected President.

Sadia
we don't make and accept leaders from grass root level but plant in military nurseries.
So as long as aliens like Moeen quershi, shaukat aziz, shaukat tareen,etc like characters come and go in our political scenario, no proper transparent procedure can be regularized in our system.
You know in loan defaulters matters not only accountability institutions but our state bank whole machinery is involved so check the financial status of all EX governors of state bank and you would know the point I am trying to hint you.
As long NRO like deals would be made in Our ISI offices no big rotten fish can be grilled for state welfare.

Imran
I have clearly mentioned that I am not expert in law but giving you version of strong lawyer community.
If you think that 70 year old Nasira javiad who had spent more than 40 years in this field is not interpreting the language of law properly then kindly try to deliver your message to her .His followers in LHCBA are also expert of this complicated game.
Now from civilian point of view if President is all in all as you thinking for judical decision than what is purpose of summary of selection of each head of Department if all matters should be in hands of president.
Actually ,reality behind all this mess is zardari who as head of state has left no credibility of honest and fair selection even in his political field where he hired the most notorious and corrupt characters in govt and advisory services .
This particular wrong and unjustified interference in the institution of judiciary is being considered as his political stunt which he might be doing under the orders of military establishment to check the reaction of public and law hawks.

Quote “Sadia
who is going to set and implement transparency procedures.
In our state the police. Law enforcing agencies and accountability institutions in Pakistan are more obscure in their repute and performance so how can they bring transparency in our system?”

@Nazia! The will for reforms will come from the political leadership if the right amount of public pressure is mounted to ensure transparency. Civil societies watch dogs need to be vigilant and given the presence of a vibrant judiciary we can ensure transparency in many areas of public development for starters.

Imran
I am not a law master but can follow the words of people who spent all their lives under umbrella of legalism.
So as you interpret Article 177 clearly states that the authority to appoint judges to the Supreme Court belongs to the President.
Now you can compare your statement with law professional from authentic resources.

The Lahore High Court Bar Association has strongly condemned the illegal and unconstitutional notifications issued by President Asif Ali Zardari elevating LHC Chief Justice Khawaja Sharif as Judge of the Supreme Court of Pakistan and appointing Justice Saqib as acting chief justice of the Lahore High Court.
In a statement issued on Monday, LHCBA President Nasira Javed said the Bar fully supports the refusals by LHC Chief Justice Khawaja Sharif and Justice Saqib to take oath on the invalid notifications issued by President Asif Ali Zardari which are not in accordance with Article 177 of the Constitution. The said article mandates that a judge of the Supreme Court ‘shall be appointed by the President after consultation with the Chief Justice (of Pakistan)’. Under Article 196 of the constitution, acting chief justice of a high court shall be appointed by the president ‘When the chief justice of a high court is absent or is unable to perform the functions of his office.” While Khawaja Sharif is performing his functions as the LHC chief justice, the president cannot appoint an acting chief justice.
She said the notifications issued by President Zardari are void ab initio and of no legal effect. Furthermore, non-compliance of the above-cited provisions of the constitution amounts to negation of oath of office by the president in which he has solemnly sworn that he will discharge his duties and perform his functions ‘faithfully in accordance with the Constitution of the Islamic Republic of Pakistan.’
Even otherwise non-compliance of the mandatory provisions of the Constitution would amount to contravention of Article 5 of the Constitution which provides ‘Obedience to the constitution and the law is the inviolable obligation of every citizen of Pakistan.’
Article 6 further provides ‘any person who attempts to subvert the Constitution by unconstitutional means shall be guilty of high treason”

Wrong 100%.

Justice (Retd) Fakhruddin G. Ebrahim says, "It may be noticed that neither the President nor the Prime Minister has a right to add to, or subtract, from the list of proposed candidates."

With due respect to the Justice, his statement is incorrect.

Article 177 clearly states that the authority to appoint judges to the Supreme Court belongs to the President. The President is required to "consult" with the Chief Justice, but the rest of the honorable Justice Ebrahim's remarks are not found in the Constitution. Nowhere does the Constitution provide that Justices confer together to present a menu for the President to choose from. This is nonsense.

Justice (Retd) Fakhruddin G. Ebrahim is certainly entitled to his opinion that "This is obviously correct for two reasons – firstly, the Chief Justices know better the competency of the candidate secondly, this appointment is for an initial period of one year, to enable the Chief Justices to ascertain the ability and integrity of the judge." But this is his opinion only. It is not in the Constitution and is not binding on anyone.

If Justice (Retd) Fakhruddin G. Ebrahim truly has the larger public interest in mind, he will refer to the Constitution as it is written, and not how he wishes it were.

Sadia
who is going to set and implement transparency procedures.
In our state the police . law enforcing agencies and accountability institutions in Pakistan are more obscure in their repute and performance so how can they bring transparency in our system?

Dr khan
we heard this joke in our college life and then enjoyed it but in professional life we actually felt its reality.
The driving forces in Pakistan are hardworking of its skilled labors, farmers and private sector who normally work 12 to 16 hours and greed of ruling elite and state functionary.
I strongly believe that subcontinent soil is naturally rich in manpower, green pastures and water and natural resources .Those are feature of interests for rich groups and powerful invaders since many centuries.
As far as survival is concerned somalia, nigera and sierra leone countries are also existing with record of failures.
So it actually matter how you recognized in the world.Our stand for national dignity, civilian living , working conditions and efficiency of government are quality parameters of running state and performance wise in all we should consider us in category of failed state.
As military is throughout dominant as monarchical way in our system so blame of being failed state is put in her accounts.This institution which should only represent 0.001% of population has become main eater of all resources.So difference is obvious and that is why literate class is rebelling against such extreme imbalance of resources toward particular class.
Just think what is use of billion dollar investment on nuclear war heads, Missile system, heavy tanks, fighter planes, modern submarines etc, in this war which is being continued in our soil for last 6 years, we even never touched it.
So behind all such arms deals and huge developments programs, it is greed of military establishment and ruling elite that make the merry round and round and you people say we are surviving even in worst.

constitution and democracy we can die debating them but where do we bring the people who obey the rules.
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Everyone has top allotment ...sometimes it is general sometimes the president and sometimes the prime minister ...sometimes the Chief Justice....constitution is an excuse for them to rule anyway this disgusting way of running the office runs in Pakistan from Top to bottom ...a peon comes in office saying I am the peon appointed by the minister
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@nazia.....hummmmm that is the opinion.
i don't know whether it is true or not but people say that decades ago an atheist from soviet union who was on his official visit for pakistan said:"after coming pakistan, i started to believe in God."
people asked: "why? what happened"
He said: "pakistan is an american ally but every one who meet me, tries to convince me that he is with soviet union.so i concluded that there is some greater and powerful force which kept pakistan survived.otherwise it would be fragmentated by now"

isn't irony that the defenders of pakistan, ruling elite and higher state functionaries are all suspicious of working for a super power against the interest of their own country? even bigger irony is that it doesn't bother a common pakistani.

Transparency is need in every domain of government. A recent new item published in daily times reveals that the Supreme Court has not submitted/shared its accounts to the public accounts committee, on the pretext that it has internal audit systems. The law should be uniform for all and the custodians of law are no exception!

Mughal
Yes these judges and registrars have already broken the fear factor of khakis so they are still in mode of revenge for last 3 years to bring SC again under their domain.
In last mess recently started from President house ,watch carefully only political characters have lost their credibility among masses and in this way military establishment has judged the intensity of lawyers unification and people's reaction toward attack on judiciary.
You know better than me that such tricky moves are designed and cast in social circles by intelligence agencies to see the mood of general public.
So I think Kiyani and US before taking extension of 2 more years along with extension of war on terror , is trying to read the public mood through such acts.
Zardari is nothing just a balloonist who is fixed in president house by military establishment to create such political airy balloons which burst on people when temperature is high and this way your brown mandarins judge the frame of mind of people.
If they feel that environment is conducive for their arrival , they take no time to conquer their own people as valor and savior of nation.

Yes i agree with Amir Mughal

Quershi
Zardari is synonymous alternative of trouble.
As long as he is single he was known as problem child for his parents.
Pattero college offcialy decalred him problematic student.
When become husband, he was considered as first problematic husband of state for our ex PM.
As a father he was declared criminal/murderer and spend his time as problematic prisoner.
During his two years tenure as president zardari has gotten all more than his expectation. No way he is afraid of this judiciary as long Musharraf team is here who brought him her with NRO parachute through paragliding directly into President house.
I think he is doing something else and it is creating pressure on SC to give SOS call to army.This way army retained her supremacy on Judges which they lost in Musharraf tenure and this way he might got more years in interim govt under military regime which seems to be more in equation with him then this choon choon ka maraba.