Hajj scam: SC gives govt 7 days for Secretary Establishment reinstatement
The Attorney General of Pakistan, Maulvi Anwarul Haq had informed the court that he had not been able to meet Prime Minister Yousaf Raza Gilani on Thursday as he was busy with official engagements, which is why he was not able to submit his reply on the Secretary Establishment being made OSD.
(Read: Establishment Secretary undermined my authority: PM Gilani)
The chief justice asked the attorney general why the court’s orders were not being honoured.
The court, during the hearing of the Hajj scam case, also directed the government to reinstate Hussain Asghar as investigation officer in the case.
Haq also informed the court that Asghar is in the Kachura area of Gilgit-Baltistan and has been stopped by the chief minister from leaving his charge.
The Supreme Court had given the government one more day to obey its directives, including the reinstatement of a top bureaucrat, a written response by the prime minister and bringing back the chief investigator of the Hajj corruption scam.
Asma Jahangir lashes out at the government for not complying with SC orders
Meanwhile, President of the Supreme Court Bar Association (SCBA) Asma Jahangir said the country is heading towards lawlessness by not implementing decisions of the Supreme Court (SC), on Friday.
Addressing lawyers at the Peshawar High Court Bar - Asma Jahangir said whether the SC’s verdict is right or wrong - the government should implement it adding that if the government feels the court’s decision is wrong - then it should file a review plea against it.
The SCBA president criticised victimisation of government secretaries who implement court orders. She said making the secretaries, Officer on Special Duty, will not work anymore.
Asma said that lawyers believe in independence of judiciary and superiority of law.
Speaking on the laws made by the government for FATA and PATA, she said she condemned it.
Earlier, on July 27, the five-member bench hearing the Hajj scam had given the government till Thursday to bring back the recently removed establishment secretary Sohail Ahmed and furnish the prime minister’s response to why he was removed to begin with. The court had charged the government with removing Ahmed for obeying the court’s directives.
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one need to see the orders of the SC in toto. Why SC ordered the posting of transferred officers who were transferred by the PM when they started digging out some thing positive.
If we are to believe that the Supreme Court HAS the power to take decisions regarding administrative issues and appointments, then I have a question pertaining to that. Whenever there is a change of government in Pakistan (federal or provincial) the chief executive (of that province or PM) comes and changes all the bureaucrats who had been working earlier in their respective sweet spots with their loyalists. Not because they are incapable BUT because they have the authority to change appointments ! So, Does that mean next time when the government changes, the CJP will NOT let the executive transfer any bureaucrats working in their places? As, then any secretary or government employee could go and ask CJP to take suo moto against its transfer. This is RUBBISH!
Have u huys ever heard of the principle of "obstruction to justice" or "malafide intention". both these are on abundant display by the govt. All SC judgements are fully justified in the context of the above principles.
It is the Judiciary's job to hold even the government to account. Democracy should not be Dictatorship through the ballot box. First time in the history of Pakistan, the Judiciary is standing up to excesses and corruption of the executive, and these useful idiots of this useless government are coming on forums to create a false impression. The people of Pakistan cannot be fooled and stand firmly behind the brave Justices of the Supreme Court..
today we have been told , sadly by our superior court that government is above law , it is nothing but doctrine of necessity Justice Dogar must have been smiling today . Let me say Dogar court Zindabad
@Mirza: Thanks for your comments! There was Suo Moto on an individual allegdly carrying 2 bottoles of alcohol!
@Farooq: @Realist.: @Shahid Saeed: @grinz09: I agree with you and the otheres that the SC is too busy in just a few political cases. My own family has a lawyer in the US, they have not even heard about suo moto, let being repeatedly practised by SC. The matter of national importance are decided by the national security counsil and preseident is the chief of the armed forces and makes the final decision. The SC has no role in day-to-day matteres and does not make one press statement. Common people do not even know the names of judges or generals, as they are not supposed to be public figures let alone popular politicians. Thanks for standing up for the supermacy of parliment over all the otehrs.
This is madness. How could the other judges on the bench remain quiet, and become pliant? If they can't stand up to their conscience against this, how they would stand against a military dictator?
Perhaps, we have the world’s most prejudiced judiciary.
Supreme court is exceeding its Limits. court has no discretion to choose Officers. the Only thing that court can do is striking down an Appointment on merit basis. They cannot dictate the executive to appoint a specific person.
After killing the economy, let the judicial hitman kill administrative structure of state....paving way for his fellow Taliban to take over. Chuadhary will become Chief Qazi and Khaliffah in land of Pure.
farooq, kindly highlight other issues
At last common sense prevailed. The decision is in the best interest of the country and people. Sorry to all those hawks who were expecting some huge fireworks.
Storm in tea cup...
Anjum Aqeel and Hamid Saeed Kazmi are also members of parliament. why should not they not claim that SC is interfering in the acts of parliament and they may be freed. every authority even if COAS or president, PM or the parliamnet hinder the way of justice, SC have to act and have supermacy on all authorities
This has to come to a stop!
The corrupt government needs to stop these shenanigans and comply with the Court in letter and spirit.
Govt is surely going to start politicizing the whole process.
SC has lost its power after Justice Ramday. CJ Iftikhar looks very weak against Govt. and unable to show judiciary power after restoration of judiciary through long march. More disappointment for the Nation as we expect alot from SC and shame on diplomatic leaders which they won't feel at all.
Proof if anyone needed that it is not the judiciary that is looking for a fight, even though the SBC is already behind the CJ now
But I do wish corrupt get their due sooner rather than later.
@Farooq: i am agree with you.
7 days then 7 more days then Eid then 10 more days... The gov't will see out its tenure and the Supreme Court will undoubtedly lose its dignity, respect and most of all, its power. Shame.
I agree with Mr Farooq. In fact, I would like to add my comments also. There is enormous corruption in our judiciary. Common man is deprived of justice. If somebody needs bail before arrest or stay order, he has to hire services of a lawyer who is tout of the concerned magistrate or civil judge. The state of higher judiciary is not much better. Before embarking upon eradication of corruption in other institutions of the state, CJP must carry out cleansing of judicial system.
The problem with the CJP is that he is not interested in justice or eradication of corruption. He is basically trying to victimise a political party which he considers did not fully support his reinstatement & pay back Nawaz Sharif for his support. It is, of course, a different issue that Nawaz Sharif's support was not based on principles. It was sheer opportunism, otherwise, we are all aware of his track record.
I call upon CJP to stop interfering in matters which are the sole prerogative of Executive & Parliament.
Perhaps, we have the world's most prejudiced judiciary.
The past few judgements of the Supreme Court are doing nothing but creating chaos. Supreme Court has highlighted at numerous occasions that its intentions are not to confront with the government. But their(Supreme Court) judgements are undermining their statement.
In my opinion, appointment of the bureaucrats at any level is supposed to be job of the executive and NOT of the Supreme Court. The Supreme Court is interferring with how the administration should work and who should make it work. The CJP should realise there are much bigger issues that call for his attention.
Interesting.....................
Do not worry every body will work on same salary . It is just for media headline die out as happen in past