ISLAMABAD:
The Supreme Court’s order in the National Reconciliation Ordinance (NRO) implementation case on Thursday triggered a fresh round of legal debate regarding the fate of the premier, and the role that the controversial new contempt legislation will play in saving him from disqualification. Former chief justice Saeeduz Zaman Siddiqui and another retired Supreme Court judge Justice Wajihuddin are on the same page about new contempt of court (CoC) law.
The new CoC ordinance has no base, said Justice Siddiqui, adding that the provision of immunity to political elites is not available in the constitution (except for the President in article 248 of the constitution). He maintains it will be struck down as such. “The new CoC ordinance is in conflict with Article 8 of the Constitution which elaborates equal treatment of all citizens”, said Justice (retd) Wajihuddin. He added that “the new ordinance is a sub-constitutional law whereas article 204 is a constitutional law”.
Barrister Chaudhry Aitzaz Ahsan avoid commenting on the situation when contacted. However, when asked as to why the new premier had not yet hired a counsel, he replied no lawyer was needed at this stage since PM Ashraf had not been summoned to court yet.
Dr Basit, Ahmad Riaz Sheikh’s counsel in the NRO implementation case, said the court will not linger on the proceedings and might disqualify PM Ashraf on the next date if he disobeys its order like his predecessor.
Salman Akram Raja, Dr Mubashir Hassan’s counsel in the NRO case, maintained that the court’s fresh order clearly depicts the judiciary’s inflexible mindset in this case. The letter will have to be written at all cost, therefore, he added. Regarding the new CoC ordinance, Raja said that, according to the procedural part of the new ordinance, PM Ashraf will have the right to appeal against the first show cause notice.
Published in The Express Tribune, July 13th, 2012.
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If I plant a pineapple seedling, however carefully it is nurtured, it will never never turn into an apple tree. Even the joint prayers of all PPP(Personal Profit Party) members on Eid ul Fitr won't help. @Mirza please note, the basic flaw in your assumption.
The SC, Government and opposition should get together and immediately announce new elections with neutral care taker set up. The SC and Government have no idea how much they have damaged this country's economy and reputation. If SC and government nonsense continued for another few weeks, we will see Zardari, Nawaz and Ch. Iftikhar standing together at a truck roof and waving hands and nobody would be watching them.
Raja Rental should be dismissed...
Brilliant!!!! If the court strikes down the new contempt of court law, citing that under the Constitution, article 248 states that immunity is reserved for only the President and not lower level officials. The court is then validating the President's claim of immunity, and any attempt to force the writing of the letter would itself then be unconstitutional. You heard it hear first!
@Muhammad...If you are thinking that this is democracy then its better to visit a hospital for the surgery of your brain.
@Mirza...Keep on writing such rhetoric crap. Legally SC cannot reopen ZAB case. Only a constitutional amendment can reopen the case.
@Muhammad: The kind of parliamentary democracy being practiced in Pakistan is also a disgrace to Parliament and Democracy. In the name of system, parliament and democracy only one man is being saved. We don't need such a parliamentary democracy that can not run properly without one man, happens to be the president of Pakistan. Intricate legal, constitutional and political arguments and debates aside, the simple theme behind all this drama is "save zardari on all costs"
This SC should be sacked. It is biased. This CJ is a disgrace to the parliamentary democracy.
@Mirza who among the ZAB case is sitting on current bench ? The sc is doing its part on murder and terrorism , it takes notices on such cases as well. they cant setup a security infrastructure thats the job of the government. In this case your supported government is proving to be incapable. stop supporting them blindly , all ya jiyalas.
Raja's fate is writing on the wall. Faithfulness to one person for his misdeeds is disloyalty to the country.
The same forces which always endorsed each act of high treason and overthrow of elected govt are ready for yet another ambush. However, this is 2012 and the world has seen the faces of protectors of OBL and other terrorists. The US does not need Gen Zia and his jihadist anymore. The family members of those judges who had hanged ZAB are currently sitting on the SC bench and enjoying. However, as the history has witnessed they would not have the final laugh. Zardari and PPP has dared ask the PCO SC (no previous got could) to review ZAB’s case and answer imp legal questions. Even though the SC is legally bound to do that but they are dealing with more imp cases like Memo, contempt and not the murders and terrorism.