Federation says Ashraf cannot write Swiss letter, SC rejects reply

Published: July 24, 2012
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Federal govt says court orders given to the prime minister should be withdrawn, SC says orders not revokable. PHOTO: FILE

Federal govt says court orders given to the prime minister should be withdrawn, SC says orders not revokable. PHOTO: FILE

Federal govt says court orders given to the prime minister should be withdrawn, SC says orders not revokable. PHOTO: FILE Federal govt says court orders given to the prime minister should be withdrawn, SC says orders not revokable. PHOTO: AFP / FILE

ISLAMABAD: The Supreme Court, while hearing the National Reconciliation Ordinance (NRO) implementation case, rejected Prime Minister Raja Pervaiz Ashraf’s reply submitted to the court today, saying that a plea for review of the court’s order should have been filed instead, Express News reported on Tuesday.

The court said that the objections raised mentioned those orders that the court issued to the prime minister on June 26 and July 12, but neither were the copies of these orders attached with the plea submitted nor are these orders revokable.

The court also said that if the federation wished to get these orders repealed, then it should have, as per the rules and regulations of the Supreme Court, filed a plea for reviewing them.

Earlier, in its reply submitted to the Supreme Court, the federation stated on Tuesday that Prime Minister Raja Pervaiz Ashraf cannot write a letter to Swiss authorities.

Ashraf had been given a deadline to explain his position regarding writing a letter to Swiss authorities to re-open graft cases against President Asif Ali Zardari.

The federal government further said that the court orders given to the prime minister could not be followed and that they should be withdrawn.

The Supreme Court in its last hearing had observed that if Ashraf fails to comply with the court’s orders then proceedings according to law and the Constitution will be leveled against him.

Former prime minister Yousaf Raza Gilani has already been held in contempt and subsequently disqualified by the Supreme Court of Pakistan for not complying with its orders.

Express News correspondent Faisal Shakeel reported that the Supreme Court has consumed one of the six options it had given in the NRO implementation case by holding Gilani in contempt, which is why it will deliberate on the remaining five options.

The options were: disqualification, contempt proceedings, commission implements NRO, claim immunity, action against NAB chief, leave it to the people.

In the reply, the federation also stated that the federal cabinet has not yet given any suggestions to Ashraf on whether or not a letter should be written, therefore, he is not ready for taking any decision at the moment.

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Reader Comments (69)

  • Uza Syed
    Jul 24, 2012 - 12:00PM

    Good! Now, the Supreme Court get its favorite ‘Munshijee’ (Khalil Ramday) come back on some kind of “special-adhoc-(re)extension” and write this letter personally and let his bossman sign it, also, personally.

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  • m.usama.kabbir
    Jul 24, 2012 - 12:08PM

    Take that now ! The Constitution is clear under article 248. The SC’s judgement on NRO is unconstitutional. Like it or not.

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  • Raza Khan
    Jul 24, 2012 - 12:30PM

    It’s high time that Supreme Court should start acting like Supreme Court instead as a Texan Sheriff.

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  • Pakistani Amreeki
    Jul 24, 2012 - 12:31PM

    It was inevitable. Govt is right – it should not act against its sitting president. There is a reason why even the legal fraternity across the border is weighing in and asking our SC to restrain!

    Anchors on daily TV channels are insisntent on proving that SC is right in ridding this Govt whereas more serious newspapers (Dawn etc.) have taken a different position. Because our SC seems bent on taking its cues from popular TV media – it bodes really ill for our future.

    Supreme court could do no wrong by reviewing its earlier decision and let the democratic process follow through. Gun slinging attitude of SC will lead to chaos only!

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  • Fahim Alavi
    Jul 24, 2012 - 12:36PM

    why a person to write a letter against some one against his own will ? Is it against human rights or not ?

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  • citizen
    Jul 24, 2012 - 12:41PM

    sigh.these are the RULERS who claim themselves to be LOYAL to nation . They are just fake ,the oath they took to serve nation is fake . May God show right path to our rulers . Probably they do not have any idea regarding accountability of a Nation’s Ruler on Day of Judgement.

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  • Waqar
    Jul 24, 2012 - 12:44PM

    No one is above law. SC should give even strict pumishment to the second PM because he knew the consequences and still opted it.Recommend

  • a&a
    Jul 24, 2012 - 12:44PM

    why they are settling their score of personal vendetta on the expense of poor country . . . ????

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  • Jul 24, 2012 - 12:46PM

    Why one should be scared of, if there is nothing they Mr President has done against the law.They should let the SC work according to the law and they should follow it, This is what Democracy demands from them.

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  • Arbab Zaheer
    Jul 24, 2012 - 12:48PM

    Let’s give a specific power of attorney to CJ to write a letter on behalf of the government backed by parliamentary resolutions. Let his have the ignominy of being a judicial dictator

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  • Logic Europe
    Jul 24, 2012 - 12:59PM

    PM should stand firm . let the people win, Pakistan should have a government of elected people and let no one take over this fundamental right, not army, not highly paid judges
    PEOPLE STAND BY THE TORCH BEARER OF DEMOCRACY

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  • Maira
    Jul 24, 2012 - 1:01PM

    @Fahim Alavi:
    Human rights???? He is being asked to write a letter not to launch a Hatf 3.

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  • Mohammad
    Jul 24, 2012 - 1:02PM

    I like it!! nice answer to Supreme Court.

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  • nabishah
    Jul 24, 2012 - 1:08PM

    If SC get back, I will lose my trust at this sole trusty institute of Pakistan. Therefore, I request SC not to get back, and go ahead with its constitutional rights. As this can not be rules out that the people of Pakistan and its Army(probably) should back up any decision of the SC…..

    We all are with you (SC) to eradicate the cancerous and useless organ (politicians) from the country.
    my wishes to all my brother and sisters

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  • Qaiser Abbas
    Jul 24, 2012 - 1:09PM

    Govt. has to follow supereme court decision in its true spirit otherwise Mr. Raja has to go home. Why everyone is trying to protect a single person money which can be used for health, education and water projects.

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  • Imdad Ali Shah
    Jul 24, 2012 - 1:10PM

    Dear All
    What do you guys think, would there be any money left in swiss accounts? zardari is too sharp when they were first frozen and than un freezed he removed all the balances and invested somewhere else..
    The peak of the drama would be in the end when there would be nothing “khooda pahar nikla chuha ”
    hahha

    and regarding the current comment i would say that supreme court is violating the constitution. no court can move against the president there is no ambiguity against it. CJ sir you cant always be right!!!

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  • DREAMER!!!
    Jul 24, 2012 - 1:22PM

    @nabishah:
    why Army .?? they should stay in their Boots.

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  • DevilHunterX
    Jul 24, 2012 - 1:35PM

    Only corrupt defends the corrupt. So long PPP.

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  • JB
    Jul 24, 2012 - 1:39PM

    Better reserve another room at the President house!

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  • nooneinparticular
    Jul 24, 2012 - 2:00PM

    i think this calls for a 60 sec punishment this time. Can we have the next PM please.

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  • Faysal
    Jul 24, 2012 - 2:04PM

    By accepting Gilani’s dismissal, the Government tacitly agreed that the SC is right, now how come they disagree to it???

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  • Tanzeel
    Jul 24, 2012 - 2:07PM

    Dear CJ, and the SC.

    There are more important issues right now lingering across Pakistan and require urgent attention. Please stop these expensive personal trials, and move on to what we pay you for!! Be a judge, not a DICTATOR. You can buy the media, but there is still some sanity left in the nation.

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  • A J Khan
    Jul 24, 2012 - 2:08PM

    The government should register a case under article 6 against the supreme court for removing the Prime Minister unconstitutionally.

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  • Mehboob
    Jul 24, 2012 - 2:11PM

    No Zardari, No Nawaz, No Imran Khan.

    We want Pakistan Army.

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  • Ammar
    Jul 24, 2012 - 2:13PM

    @Faysal:

    Government´s statements are on record. They accepted the order with reservations to ensure dignity of the SC, it doesn’t mean that judgment was correct. There is a history of Wrong Judgments of SC.

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  • Bhangii
    Jul 24, 2012 - 2:16PM

    whose next

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  • Larki Desi
    Jul 24, 2012 - 2:23PM

    if there is nothing to hide then there is no reason to be afraid to write the swiss letter, its as simple as that. by not writing the letter they r making everyone suspect that there is some thing fishy going on. and why cant the president come out in the open and talk to the nation and clear the foggy atmosphere once and for all? im getting sick of the Govt and the SC with all this childish circus. these ppl need to run a country and do some serious work. The swiss letter episodes had become like a soap oprea.

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  • Chattha
    Jul 24, 2012 - 2:25PM

    No dramas anymore. We want Musharraf back.

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  • Abdul Waheed
    Jul 24, 2012 - 2:26PM

    In the contempt case against ex-PM Gillani, the government was too much appologetic, signalling wealness. Now it looks that this time the government will give strong message to the judiciary and has reiterated that 7- member bench has no authority to summon Prime Minister. There is also speculation that government will retaliate if the new contempt law legislated by parliament is struck down or another Prime minister is sacked. Anyhow, this reply and the recent statement of PM is a load and message to the trouble making judiciary. The confrontation perpetuated by Justice Iftikhar may console his disturbed mind but it is not at all in the interest of Pakistan which is facing grave problems of terrorism, sectarianism, energy crises and its poor people.

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  • Ammar
    Jul 24, 2012 - 2:38PM

    @Mehboob:

    Daydreaming is not good (:

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  • Yaida M
    Jul 24, 2012 - 2:40PM

    Who will rein in the SC? It is getting out of control.

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  • Ahmad
    Jul 24, 2012 - 2:48PM

    Bhai Jaan, hearing of NRO implementation case is on July 25th while you have given complete details of whole proceedings one day before. Strange.

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  • SMA
    Jul 24, 2012 - 2:51PM

    Government never takes the pleas of president’s imunity before the Supreme Court whereas on media it propogates that letter could not be written due to Constitutional immunity.

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  • Jul 24, 2012 - 2:54PM

    @Imdad Ali Shah:
    If he has moved his monay away to some other county…that in it self is a crime under swiss law ..if true AZ will have to face two money lanudering cases..the rope is getting tight aganist this man..his time is very near…I pray that he takes the first flght out before his own get rid of him and that will be a very sorry affair for Pakistan’s politices

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  • Fazal ur Rehman Butt
    Jul 24, 2012 - 3:03PM

    Prime Minister should write a letter in compliance of the supreme court’s order and show his sincerity with the oath.

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  • Abdul Waheed
    Jul 24, 2012 - 3:06PM

    @Buy and Sell In Pakistan: Justice Iftikhar is settling his personal vendetta against Zaradari. It is not the simple matter of writing letter. It is the issue of prestige of the office of the constitutional Head of State. Though Zardari surrendered his may powers and one can say that he laid before the judiciary and on advice of SC he sacked more than 100 judges, 2 NAB chairmen, PG NAB, Attorney Generals, Secretary Law, DGs FIA but now he is not ready to surrender the prestige attached to his office. SC is riding on the weak political government due to weak, appologetic stand of government but now it looks that Government has decided to send strong message.

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  • Imran Con
    Jul 24, 2012 - 3:27PM

    @Fahim Alavi:
    Human rights? No. But, with all the publicity, one would think that most are well aware that the letter would have come about through a form of blackmail and not truly an official request. It should invalidate it so says common sense. It’s about privacy and confidentiality for people as a whole, rather than isolated to Zardari and they can’t make exceptions. Writing it with a gun to your head is completely different than writing it willingly as far as that type of thing is concerned.

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  • harkol
    Jul 24, 2012 - 3:55PM

    Now that SC has told PM has to write a letter, perhaps the next step is to dictate the contents of the letter, while PM sits down like a clerk and writes it down??

    These judges have gone from being servile slaves of Dictators to being monsters without leash. What a pity.

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  • DREAMER!!!
    Jul 24, 2012 - 3:58PM

    Is this group of five have some personal grudge against PPP . . . ???Recommend

  • Sheraya
    Jul 24, 2012 - 3:58PM

    We need an SC-2 as well. This street fighter type SC has no time for normal cases. At this rate the number of pending cases will become unmanageable for the future, judges.

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  • Sheraya
    Jul 24, 2012 - 4:03PM

    @harkol: Quite frankly it’s an embarrassment to read the unveiled threats of the judges. Unbecoming!

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  • Only PTI
    Jul 24, 2012 - 4:16PM

    Just shaking my head by reading some of the comments which have highest recommendtion on this forum. I am not sure who are these people who are criticsing the role of SC which is the ONLY state’s organ working for the nation.

    Is ET also being part of that negative campagin, as disclosed by Hamid Mir on Policy Matters, against judiciary? Watch out ET – a recent attempt by a prominent media groups to malign SC was also brutllay exposed.

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  • Parvez
    Jul 24, 2012 - 4:19PM

    The Supreme Court must force the issue and not settle on a compromise. Those who claim that this would derail democracy should ask themselves that if this is democracy then who are the beneficiaries. Certainly not the people.

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  • Jibran
    Jul 24, 2012 - 4:23PM

    In older age people tend to become cynical, and we are seeing clear signs of it. The retirement age of the judge should be reduced to 60, like all other government servants. We need saner people discussing the constitutional matters.

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  • Jibran
    Jul 24, 2012 - 4:26PM

    The PCO judges must take a fresh oath under the 1973 constitution. Otherwise their allegiance is with something/someone else.

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  • choptocut
    Jul 24, 2012 - 4:30PM

    Our own courts turned enemies of Federation, no need of any external enemies.
    Why not they solve the problems of lower courts so that poor people get justice in time and cost effective way???

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  • Naveed Javed
    Jul 24, 2012 - 4:32PM

    Direct confrontation with elected representatives of People of Pakistan? Iftkhar Ch. have mercy on us!

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  • Jul 24, 2012 - 4:38PM

    CJ Sahib, Act like CJ Recommend

  • elementary
    Jul 24, 2012 - 5:31PM

    I agree, he can not write a letter.

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  • Ch. Allah Daad
    Jul 24, 2012 - 5:33PM

    Supreme court must take a firm stand. The Multan by-election victory has given PPP government a new life, (all thanks to PTI’s stabbing in the back) but PML(N) is still on its side.

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  • Ammar
    Jul 24, 2012 - 5:45PM

    @Ch. Allah Daad:

    You all are on the same side (:

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  • Enlightened
    Jul 24, 2012 - 6:12PM

    When will this musical chairs game of PM’s end in Pakistan ? The country is becoming laughing stock in the eyes of the whole world.

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  • smj
    Jul 24, 2012 - 6:16PM

    The chief justice can’t take sou moto against sitting president because of 248C. So he is sending all the governments home because they refuse to right letter to a foreign country asking them to investigate.

    Isn’t that pathetic? The chief justice has nothing else to do except trying to overthrow governents and taking sou motos only against them?

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  • mohsin
    Jul 24, 2012 - 6:23PM

    parvaiz ashraf is just joy riding.

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  • Khalid Aziz
    Jul 24, 2012 - 6:44PM

    @Uza Syed:
    and in reward for his services, he should be given yet another plot in Islamabad. Of course accountability is only meant for Polticians. Who will judge the judges? Oooooooops, sorry- for making a noise. Its simply a game of “interests” and reminds me of that famous line “Its all about Economics, stupid”. Talk about audit, accountability of judiciary- they will say we can not be made accountable but in their judgements they would love to mention “Khilafat Rashida” and Khalil Gibran. Try to investigate a serving or retired General for corruption charges, the whole institution will stand to support him in the name of “national interest” (NLC scam is just one recent example). Keep on giving them a hefty chunk out of the resources, keep them happy, let them do whatever they feel like, dont ask them questions, let them take away whatever they desire for. This compromised approach will never work. All Democratic forces will have to join hands to get rid of these built in weaknesses, compromises of civilian authority and governance in Pakistan.

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  • DREAMER!!!
    Jul 24, 2012 - 6:55PM

    PCO group of five have one point agenda to target PPP . . . .
    While PMLn & PTI are the Cheerleaders . . . ;-)

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  • naeem khan Manhattan,Ks
    Jul 24, 2012 - 7:02PM

    @DREAMER!!!, I don’t think the Supreme Court of Pakistan has any grudge against the PPP or Zardari, all you have to do is to look up their past and present records, Zardari had amassed billions and stashed it in overseas banks and never paid any income tax to the Pakistani treasury. The Swiss government froze their accounts and where did they get the money, it is so simple. And of course look at this Rental Raja, how much money did he make and put it in London and went on buying spree there. The whole country is sliding towards lawlessness and everybody is for themselves, loot as much you want because there is no tomorrow. One should appreciate what the SC is doing and briging this ill gotten money back to the Pakistani Treasury. How much the Supreme Court could do when the whole government officials are corrupt to the core. IS THAT SO DIFFICULT TO UNDERSTAND?

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  • Mohammad Ali Gaad
    Jul 24, 2012 - 7:14PM

    Already said that Raja rental will not prefer to write letter to Swiss officials, nothing will happen to him accept leaving his post but if will do so than he will be kicked off from his party.

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  • Logic Europe
    Jul 24, 2012 - 7:20PM

    neem khan@ manjathan very innocent stand for PCO judiciary
    before bringing money from Swiss banksn, the court should make mr Arsalan depost forty billion rupees in court or treasury as this money Is from CORUPTION and bribery
    It is not supreme courts job to go after money perceived to be in foreighn accounts

    A MOCKERY OF SUPREME COURTS IS BEING MADE ON THE NAME OF MONEY IN SWISS BANKS … Billions are being spent and and court time casting billions is being wasted in revenge politics by courts

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  • DREAMER!!!
    Jul 24, 2012 - 7:52PM

    @naeem khan Manhattan,Ks:
    “IS THAT SO DIFFICULT TO UNDERSTAND?”
    No, it is very easy to understand, there is only One way Justice going on. 20year old case had been put into the dustbin while day to day trial is going on against one person. Do you think, that we People are blind & deaf?

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  • Economist
    Jul 24, 2012 - 8:11PM

    Keep it up SC and CJ, we are with you till the last blood.

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  • mumtaz
    Jul 24, 2012 - 9:03PM

    If the superum court feel so authoritative,and dominating organ of the State,why the chief justice cant write the the desired letter himself ,under his seal and signature of the suprium court? So the nation could see ..the Bonapartism of the apex court against the Govt ,elected by the power of people s VOTE ….,if any doubt,.the recent Multan election result may very kindly be attached as rare docoument in the superium court records

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  • Philip
    Jul 24, 2012 - 9:10PM

    Guys, does anyone know the current Swiss stand on all of this? I thought they said this matter had been closed. There is much talk about the case, but will the Swiss even act on this anymore? I don’t think so, This may all be a waste of time. Someone should ask the Swiss what they will do on receipt of The Letter.

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  • Jeffmahagaonvi
    Jul 24, 2012 - 10:40PM

    PCO CJ says that nobody is above the law, But who has the right to control
    these highly controversial PCO judges and how could we punish them
    for the violation of Constitution & laws of the land. Present apex court is
    behaving & working just like a mafia.
    Let democracy work otherwise…

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  • Aftab Kenneth Wilson
    Jul 25, 2012 - 12:17AM

    SC and their acolytes are daily singing one song ” Chithi Mairay Saeyan Jee Kay Naam Likh Dy – Haal Mairay Dil Ka Tamam Likh Dy ”. Their needle is only strucked on writing a letter as if all other issues both domestic and international have no importance. I agree with AG that they can be packed and sacked just as it happened in Singapore. Writing a letter is not a public issue. Please stop playing others game.

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  • Dr.A.K.Tewari
    Jul 25, 2012 - 5:25PM

    If PTI managed to win a considerable seats with the support of pco judges, even then they will not be in a position to rule the country without American support . If they came in the power due to support of terrorists and fanatics ,the money supply from America will be blocked . The Tsunami will be never allowed to reach in Islamabad for distruction .

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  • Dr.A.K.Tewari
    Jul 25, 2012 - 7:22PM

    A judicial dictator may face a judicial coup in the country.

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  • The Asker
    Jul 25, 2012 - 7:33PM

    @Dr.A.K.Tewari:
    Amen

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  • Iqra
    Jul 25, 2012 - 9:54PM

    I have two questions for the ongoing imbroglio?
    Q1: While many liberals are bashing SC and its zealot Judges for their supposed judicial-overreach and most of the conservatives are dreaming of the day when the court ousts the President of the Islamic Republic for shepherding an (allegedly) corrupt government, what side (SC or Gov.) do you think have the potential to do more lasting-damage to the prospects of a prosperous future of this beleaguered country? A government that is setting examples of defying courts or a court that is becoming an executive?
    Q2: What do you think is the role of lawyers to tame down the judiciary now? Should there be another lawyer’s movement now to tell the SC that if lawyers can stand against a military dictator, they can also stand against a judicial dictator?

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