Supreme Court final authority on constitutional matters: Chief Justice
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a petition pertaining to the media’s reporting after the Abbottabad operation in the Supreme Court.
Petitioner agencies' counsel Raja Irshad maintained that the media was defaming the armed forces regularly.
He said to the chief justice that his statements in yesterday’s function were made out to seem like he was having a fight with the army chief.
Irshad said that PEMRA laws related to the media needed to be implemented as the media was defaming the judiciary and army, to which the chief justice said that there was no conflict between institutions and the points brought to notice would be taken seriously. He also told Irshad to refrain from speaking on the subject of respecting the judiciary.
While discussing the case, the chief justice also said that the Supreme Court was the final authority on constitutional matters.
The bench called for a copy of President Asif Ali Zardari's statement published in a US publication to find what was defamatory in it after the petitioner's counsel raised the issue.
The court summoned all records of the Inter-Services Public Relations (ISPR) press releases and armed forces' statements issued after the Abbottabad operation against Osama Bin Laden.
The hearing was then adjourned till November 22.
With the long-awaited and potentially explosive Abbottabad Commission report purportedly complete and submitted, the Supreme Court was moved regarding the media’s criticism of the armed forces in the aftermath of the Osama bin Laden debacle last year.
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Army chief need to focus on his professional job instead of sticking his nose to other state matters. long live chief justice and pakistan Zindabad
The Army chief must first answer why they failed to detect the Abbottabad navy SEALS raid. A foreign military group enters our territory, does its mission whatsover and then leaves without any interruption/detection. This is a big big failure and question mark for the capabilities of our armed forces.
Before mr. army chief gets into politics, he needs to clear his stance on this thing.
Also, Usama should've been detected long ago that he was hiding there but I wouldn't just blame the ISI, it was CIA failures too with all its resources it took them so long.
Gen Kayani and Co is now feeling the heat from the pro-active judiciary and the good old days of manipulating the judiciary to its advantage seems to be over. Abbotabad fiasco was no minor matter to be brushed aside as the whole world went aghast on the news that the Al Qaida chief the world's most sought after terrorist for two decades was hiding in a Pakistan's military cantonment along with his family for the past five years without being located by the intelligence agencies of the country. Secondly, Pakistan's sovereignty was clearly violated by intrusion of US helicopters into its territory who flew back after completing its mission without facing any challenge from the military of a nuclear armed nation. On both counts it was the most serious setback for the Pak govt and its military who also faced immense embarrassment both at home and abroad. The complicity of the state of providing shelter to Osama was taken as a foregone conclusion by all major nations but the same was denied by the govt and military most vigorously but irreparable damage to the country's credibility and reputation had already been done. In the background of disaster of such a magnitude how could the Pak's dynamic media support the govt and its military. Since the military and its intelligence agencies were the biggest culprits who miserably failed on both fronts were rightly targeted by its fair and fearless media. Had the govt or military admitted intelligence and technical failure by its respective agencies, the matter would have died its natural death but the ostrich like attitude brought more shame and embarrassment to the military. However, the military quite strangely is raking up this issue again and trying to defend the indefensible by blaming media for maligning its good image which is not only foolhardy but untenable as well. The most likely outcome of this defamation case is that it would be thrown out by the court causing more embarrassment and loss of image to the military.
@Zaffar: for someone who's own son and family are involved in corruption, he's not clean at all...holding the country hostage to his own personal whims, we see it every day in the supreme court as lawyers appearing before him...wait till the video of his own deeds is released on YouTube
@Anti Nazi
What that has to do with topic in hand, stop crying in every post
Court works with in the ambeits of constitution and are responsible of interpreting the constitution....as far as judicary is concern it should speak through the judgements. The persistent jingoism in our institutions needs to checked and each institution must work within its limit. No one is above law, law must be respected.
@Zafar, the Pakistan lover: "Small men, oversized egos. All over."
Agreed. And these small men also made their country behave in similar manner, with similar result.
Small men, oversized egos. All over.
Our "fat cats" finding it extremely difficult to accept new reality. As they say "old habits die hard". Those below the rank of colonel, should go through refresher courses and accept authority of other institutions and laws of the land (our "generals" too old to change). Gone forever are times when you could overthrow the governments with "heavy mandates".
What about the killing of Shia, Ahmadi, Hindu and Bohra mister dictator mon Feuhrar?
@ Seema
105% agree with you .Certain Judgement they overstepd but most of the Judgment were Historical and correct, Would like to request all the judiciary please do the right judgement when dealing with the terrorist, criminals , Tax offender and the Big shorts who has looted the people money . We want a peace and a healthy Pakistan
The CJ is right in saying that. However, we think that the CoD should have been implied in letter and spirit wherein, a separate constitutional court was proposed. Such a court would, at one place, lessen the burden over the SC, and at the other place, reduce confusions of the general public's minds about the real role of the SC.
@Seema: It is the prerogative of the court to interpret " national security " as per constitution & any act against national security will be given legal cover as per relevant clause in the constitution...this is what CJ is implying...
SC under the leadership of CJP is the only hope for the oppressed people of Pakistan.
Aliens versus Predators... Whoever wins we lose!
Damn right, Pakistan no. 1 problem Rule of Law, before it happens at lower level it must happen at top level. When top follows rule of law then and only then the bottom i.e masses will follow it. The main issues have to be settled, Constitution is supreme, Judiciary solely resonsible for interperating and deciding it (as it is everywhere in the world). The quicker we agreed and follow that the quicker we will start getting out of the current mess.
American efforts for a military government in Pakistan will not bear fruit for a number of reasons if both Army Chief and Chief Justice come to point of no return then both will leave one to some posh area of Islamabad and the other to Saudi Arabia. Both, Chief Justice and Army Chief has a strong following but there is a problem both has divided following and I think someone else want benefit from their tussle. 90% chances of Chief Justice to quit and 10% of Army Chief to resign, this is another drama of our elite class so that people of Pakistan forget their main issues for a while and second purpose to get rid of judicial activism as after his son’s scandal Chief Justice has lost his moral authority. This time army chief offer his services to save his ‘class’ and Chief Justice misunderstand ‘intentions’ of his opponents.
Thank God CJ has the gutts to open pandora's box on the "animated" raid. Pakistan has been labelled as harbouring terrorists. Its a bit too late but never too late. We saw Saddam/Col Gaddafi real body on TV but the number one terrorist was only shown in a video game..thats kind of hard to digest in 2012.
CJP Zindabad. The only person with CREDIBILITY in the current set-up. The REST are trying to save their skin after the "Dishonesty Years"
Media can't talk about excesses by Judiciary and Armed Forces. Politicians, President, Prime Minister... that's good humor... according to our justices. Wow... this is great!
Rest in peace the so called judicial activism!
Defaming them? I haven't seen people going out of their way to do it. They claimed incompetence, themselves. In this case, just reporting the truth will get you negative publicity. It should be incentive to not mess up so bad or play people for fools when you're in the public eye and they're supposed to be able to depend on you. They deserve every bit of embarrassment they get from such a situation.
What nonsense! Are the Armed Forces so sensitive that they watch every media outlet and take notes on being defamed? Is this a state institution or a personality cult? How about earning respect rather than demanding it!
Volcano bubbling underneath; one can already feel the tremors.