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Maazrat kay Saath(PM Future –Decision Saved!) 25th April 2012

PM Future –Decision Saved!

  • k.pervez

    Labour pain inflicted by supreme court

    Kamran khan is big journalist, in fact he is big gun (artillery) having good insight over politics and economics. He is leading the biggest T.V channel of Pakistan but little knowledge is dangerous. Had he studied little law that too from Oxford he would have been more wise to comment on every day court proceedings. Today I watch him in off the record as participant – and was disappointed. He said in a trial, out of two parties one has to be aggrieved/displeased it is but natural. Mr Khan it is not that simple in this case there is only one party, the second party is court itself, neutral empire is missing altogether in this case. On question if supreme court is biased Kamran dismissed this notion and said if we accept it, the system will collapse, but the fact remains and we cannot ignore court is party in this case itself and have shown their bias already and repeatedly.

    On 08/03/12 Justice Khosa (brother of Ailia Honey ex wife of Shehbaz Sharif) and brother judges virtually abused the process of the court, in contempt case after cross examining Nargis Sethi; when the evidence was closed the court called AGP suddenly from court room No.1 and passed denovo order in another case implementation of NRO at the back of Aitzaz Ahsan that PM should write a letter by 21 March disregarding summary or face consequences. The court practically robbed the defence of PM which is drastic abuse of power/process on the part of this bench. It was a testimony that show cause notice served upon PM has no legs to stand upon, therefore to defeat PM,s defence supreme court passed another order in support of show cause notice which is an after thought. These are the dirty tricks, to understand every day debate one need to know few terms.

    For the benefit of all, few legal terms are explained for better understanding rather than beating about the bushes, like interpretation of constitution/law, letter of law , spirit of law, money laundering, immunity etc.

    Interpretation of constitution is subject of constitutional law and money laundering is concept of criminal law both are never taught in Pakistan as a subject. what to talk of anchors, even ordinary lawyers do not know principles of interpretation well. According to it, court can interpret constitution/law only and only once it is unclear leading to many interpretations, still court is bound to refer back and find out the intention of law makers when they made the said law. This principle of interpretation is followed world over, which clearly refer to the overall supremacy of parliament.

    Immunity clause is express provisions even a Matric pass does not need any interpretation it is like 2+2 =4 " No criminal proceedings what so ever could be initiated or continued against the President and Governors during the tenure of their office;

    The learned anchors and readers also need to know that there is no conflict between letter of law and spirit of law . The spirit behind immunity to each and every head of state is that if you drag Head of state every day in courts how the state will function. Supreme court is violating not only constitution of Pakistan but International law as well and have been part of problem the country is facing from last four years, a state of instability and chaos is going on and on.

    NRO judgement is drafted by Justice Ramday and clearly motivated politically, we all know his family affiliation with Sharifs of Lahore. To sum up, a biased judge passed biased order in haste without knowing facts of swiss case properly, without issuing notices (to relevant party) and without hearing properly and not knowing money laundering is criminal offence.

    If supreme court order was so meticulous and crystal clear why they are giving six options now after three years including immunity and referring back to Parliament because Ramday passed a half baked order and put the whole court in waterloo and nation in fever mainly because money laundering is western concept and patently criminal proceedings and our judges were also not well aware of it. They may not be biased but they erred in their judgement considering money laundering as civil offence and now playing with nation saying that we are asking just to write a letter to become a civil party, whereas in their original order December 2009 they have clearly ordered for reopening of Swiss cases. Reopening means restart of trial, perhaps Kamran Khan donot know this.

    Aitzaz Ahsan is constitutional lawyer he is fighting correctly and judges know it. Their problem is that they cannot back track what they said in 2009 in joosh. Aitzaa is trying to bring them in hoosh. When supreme court passes an order it becomes law of land hence require lot of wisdom. I hope supreme court will not pass any black order leading to further instability and will find some way out as they have already created six windows ie (options) This labour pain is inflicted by supreme court they have to prescribe the best medicine which is reaction free.

    Supreme court was trying hard pressurising Gillani to resign himself. They have been avoiding to pass a controversial order, some quarters also tried their best to make him Lehgari but he has stood his ground, good luck to him and Pakistan as any adverse order will have deep implications for the country and developing political system.