System heading towards massive collapse: SC

Published: June 12, 2010
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A mockery is being made of the apex court’s decisions: Justice Raja Fayyaz

A mockery is being made of the apex court’s decisions: Justice Raja Fayyaz

It seems that the system is fast heading towards a massive collapse, Justice Jawad S Khawaja remarked on Friday during the proceedings of the Justice (retd) Sajjad Ali Shah case.

A five-member larger bench of the Supreme Court, headed by Justice Nasirul Mulk and comprising Justice Raja Fayyaz Ahmed, Justice Jawwad S Khawaja, Justice Rahmat Hussain Jafferi and Justice Tariq Pervez, scolded Deputy Attorney-General (DAG) Tariq Agha for not implementing the court’s orders.

When Agha said that the summary had not yet been sent to the presidency for restoring the privileges of the retired Chief Justice of the Supreme Court, Justice Khawaja remarked that the court was being fed a lie.

“It seems the system is fast heading towards a massive collapse…The government is not implementing the Supreme Court’s ruling…A mockery is being made of the apex court’s every decision. Justice Raja Fayyaz observed that a month had passed but the court order has not yet been implemented.

Adjourning the case till the first week of July, Justice Nasir directed the DAG not to appear in this case next time and directed Attorney-General Maulvi Anwarul Haq to personally submit a status report on the next hearing regarding the case.

During the previous hearing, the same bench had directed the Auditor-General of Pakistan to release pension and other perks to the retired Chief Justice till May 13th. In his application, he pleaded that he was not being given pension and other incentives in accordance with normal procedure. He requested the apex court in 2002 to direct the authorities concerned to release his privileges and pension.

Justice (retd) Sajjad Ali Shah was the Chief Justice of Pakistan till 1998. He was removed from his post during Nawaz Sharif’s second tenure in the light of Malik Asad Ali Case in which his ruling was declared wrong.

Published in the Express Tribune, June 12th, 2010.

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Reader Comments (6)

  • Rabia
    Jun 12, 2010 - 5:20AM

    really sad that supreme court judges are making such irresponsible statements!Recommend

  • Ali Haider
    Jun 12, 2010 - 6:21AM

    Indeed! The system that is based on lies, frauds, corruption, and non-governance can not sustain for long.Recommend

  • Jun 12, 2010 - 7:43AM

    If such big collapse happens, what whould be fate of ourhighly charged Judiciary and highly paid lawyers?Recommend

  • Imran
    Jun 12, 2010 - 10:39AM

    @Rabia:its really good that supreme court judges r showing what the govt n its bureaucracy is refusing to acknowledge,its only to make them realize that they r going toward a ditch…………..Recommend

  • Jun 12, 2010 - 11:29AM

    Every statement of an authoritative person, regardless of his/her stature, needs to be analysed in its true perspective. Justice Jawad S. Khwaja’s reported statement “It seems the system is fast heading towards a massive collapse” is self-explanatory. He has expressed, through his carefully selected and minimum words, the true feelings of the whole nation.

    Every neutral and sane person, observing the defiant attitude of the current federal government towards the honourable courts, is on the verge of failure in understanding the rulers’ stance on matters that are to be settled for good now.

    It is much easier to conjure up things to placate one’s wishful thinking, but not possible to deny or change the facts and that is exactly what the law-twisting pseudo-genius jugglers, in the high echelons of power in Islamabad, are trying to do.

    Their naïve self-deception and obdurate approach to evade the consequent reprisal is fast adding up to a political, judicial and social tornado that may cause an unparallel havoc with this sacred land.

    So, the remarks by the honourable justice Khwaja are not simply an outburst of emotional retaliation. He has simply voiced the prediction of a massive collapse by thousands of other intellectuals, analysts and millions of Pakistani people who prefer to take solace in comfort zone of silence, complacence and lethargy.

    The need of the hour is to set up various unbiased and impartial think tanks by the patriot fence sitters only to brainstorm practical and realistic ideas, acceptable to all quarters, as to how to save the country from manipulators of power and authority.

    I suggest the high-ups of The Express Tribune to take the initiative of inviting the retired professors, judges, religious scholars, politicians and media personnel and set an example for other media masters to follow. There is no better way to serve your nation than to find ways of survival and progress in these times of crisis, anarchy, confusion and lawlessness.Recommend

  • Qazi
    Jun 12, 2010 - 12:55PM

    System would definitively collapse if the state institutions encroach one another’s domain. Judges should not pass any comments that speak their minds. It is against the conventions set though the history of Jurisprudence. I am sure, these judges know these conventions, but it is unfortunate that they are still heading towards an unnecessary adventure, which is very harmful for the system as a whole. Although the commander of the troops has expressly advised his solders not to engage in any kind of adventure, but it is observed with a very heavy heart that they continue to pass irresponsible comments. If the system has not collapsed due to the sick role of our JUDGES, Dictators and Dictators’ cronies in politics in past 63 years (unfortunately East Pakistan never considered the part of Pakistan) then no heavens are falling now. Judges should do what they are constitutionally empowered to. This is not their authority to appoint officers to investigate any matter.Recommend

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