Dr Qadri addresses a press conference outside the Supreme Court, after the apex court rejected his petition to reconstitute the ECP. PHOTO: ZAFAR ASLAM/ EXPRESS
Dismissing Dr Qadri’s petition was the right decision. He seemed to have no agenda other than to ensure that elections were delayed and it was heartening to see the Court not fall for that trap. So far, Qadri’s demand that a caretaker government be appointed and serve for an extended period has been rejected by the PML-N, the PTI and now the Supreme Court. Possibly, for the first time in our history, all opposition parties are ready to fight their battle at the ballot and do not want the military to fight for them. The importance of this development cannot be understated. Without their support for elections, it is unlikely the government would have been able to serve out its term and hold free and fair elections.
The PPP can now rest assured that the composition of the ECP is not going to be changed and that Dr Qadri’s wings have been clipped. It should get on with the business of dissolving the assemblies and appointing a caretaker government. The government, after Dr Qadri’s embarrassment at the Supreme Court, should also reconsider allowing him any say in the composition of the caretaker set-up.
Published in The Express Tribune, February 15th, 2013.
COMMENTS (14)
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Totally Disagree with the Editor - All you guys do is just talk but without Logic!
Remarks and proceedings published in media is root cause nd astounding is the fact tht the public image conscious have dumb bounded telecast of opposing voices but they or cant they stop publishing of remarks if they dont want thm to be published????
The editorial is commending the verdict, but the way this case was handled by the SC, it has really insulted millions of overseas Pakistanis, who are still very loyal to their country.
Why not a Pakistani ( lawyer ) files a petition in line with that of Dr. Qadri. Judiciary is expected not only to deliver justice but the justice should be visible also. What was the problem to rectify the mistake, ( like not following the prescribed procedure as set in constitution) if any , in appointment of ECP& four provincial election commissioner ? Let the heaven fall( if so perceived) . Though rectification could have been completed speedily say a week. or so.particularly when the opposition party is in sync..
@Talha Saeed: what is a "froad'. maybe a big FROG (Daddoo).
Its not decision its murder of justice. Doors of supreme court have been closed for overseas Pakistanis....Injustice Chaudhry don't expect we will shower flowers on you on your next international visits, our shoes would say you welcome.
Well-written. Agree with the editor 100%.
Dear all, Don't go for observations reported in the media, read the verdict, then comment. it has become fashion in Pakistan that people not well versed with law and constitution love to comment masquerading to be experts.
@Ejaaz: You are right. If I may add to your comments that the SC verdict should have covered Qadri's petition based on Pakistani governing law. Qadri cannot go to a Canadian or an English Court and petition them to rule on Pakistani Law, for neither are they governed by Pakistani Law nor is it within their jurisdiction. Imagine a Canadian Court passing a Judgement against the Pakistani State and asking it to be enforced?? All in all a bad day for Law in Pakistan as the CJ rather crudely questioned Qadri's nationality and then asked the AG if that was appropriate?? CJ should have calmly marshaled his thoughts, listened to Qadri's arguments and announced a precedent setting verdict to guide future elections. Instead like Don Quixote the CJ went charging into windmills and has to date produced little in precedence setting laws that could contain the chaos in our courts, on our streets and in our society.
The issue is that all institutions irrespective are functioning in a non transparent manner. Ordinary citizens do not find comfort in the social contract these days and it is not surprising at all. Why did the SC not address the issue at hand and dismiss or admit the case on merit, rather than take issue with the petitioner and or his eligibility. Why did the petitioner not have someone from his group, not a dual national, submit the petition. Why is the ECP not looking into issues raised by people and media, on extraordinary spending, by not only the incumbent PM but also the Punjab Government. Why is the ECP not looking into other serious issues raised by political parties against PPP and PML. Too many questions, alas, no answers and none will be forthcoming. "Something is (definitely) rotten in the state of Denmark."
he is froad because first he was with supreeme court and now he is aganst them
The job of the highest court is not to be dismissive or "imperial", it is to dispense justice and to be seen dispensing justice. Unfortunately, this court does not seem to interested in being seen as dispensing justice. The AG was correct when he said that the court should look at the petition and the law for it rather than the personality of Qadri. Which law or constitutional point did the court use to rule that a dual national (when the law allows Pakistanis to hold dual nationalities of 16 countries) cannot challenge in the interest of Pakistan? Clearly this court has no qualms in writing new laws and subverting the authority of the legislature. This will come back to haunt us. The reply by Iftikhar that swearing under the PCO was acceptable because the Commando was President was highly unsatisfactory and evasive. Why did he break his original oath and take a new oath under PCO? So is the new law that breaking of Oath is our new "doctrine of necessity"?
But the ECP composition has flaws in it. What about those?