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[Moderator: Please email me at: musharrafsupporters@googlemail.com . Regards.]

JUDICIARY OF PAKISTAN WHICH IS AWARDED WITH

HONORED TITLE

1. In the hope that with the restoration of judiciary, the things will be changed and a peaceful and judicious flow will run for the benefit of those, who are waiting for justice since long, people of Pakistan supported the movement of independence of judiciary and it was also recognized all over the world.

2. At the behest of the movement, he was picked up by “The National Law Journal for Lawyers” of the year award of 2007, Bar of New York City granted him honorary membership in the association on 17.11.2008, and he was also honored with the “Medal of Freedom by Harward Law School Association on 14.11.2007.

3. But after his restoration Chief Justice Iftikhar M. Chaudhary along with his other deposed Judges, who were restored vide notification dated 04.06.2009 now are engaging themselves in improper judicial behaviours. After their restoration, which was with the help of Pakistan Army as stated by Mr. Ch. Atizaz Ahsan published in Daily Jang of 06.10.2009 and with the intervention of America, their first attack was on the judicial officers, who took oath on 03.11.2007 or were appointed thereafter during the period of former Chief Justice Abdul Hameed Dogar with his consultation.

4. The present Supreme Court headed by Chief Justice Iftikhar M. Chaudhary with a stroke of pen had removed about 104 Judges from their offices, so much so that they were put under the threat of contempt of Court notice vide their order dated 05.10.2009 and 13.10.2009 in C.P. No.8 and 9 of 2009.

5. After pronouncement of judgment in C.P. No.8 and 9 of 2009, which is based on very incorrect facts and interpretation of law when the affected Judges filed Review Petitions, the proceedings to be initiated under Article 209 of the Constitution were converted in contempt proceedings because as per Justice Khalil-ur-Rehman Ramday, expressed during proceeding, filing of Review Petition invoked and displeased the bench, therefore, to teach them a lesson, we decided to initiate contempt proceedings.

6. Coming up to the legal position, of the very order of 3rd November, 2007 on the basis of which these proceedings have been initiated, is void and illegal because after promulgation of emergency and issuance of Oath of Office (Judges) Order 2007 on 3rd November, 2007 the Judges of Supreme Court and High Courts, who were not called for Oath or had not taken Oath were ceased to hold the office. Therefore, the order of 3rd November, 2007, which was passed after proclamation of emergency is void and illegal on the basis of Zafar Ali Shah’s case, wherein on the basis of same like circumstances and condition in Oath of Office (Judges) Order, 2000, it was observed that :

“That the cases of learned former Chief Justice and Judges of the Supreme Court, who had not taken Oath under the Oath of Office (Judges) Order, 2000 (Order 1 of 2000) and those Judges of the Lahore High Court, High Court of Sindh and Peshawar High Court, who were not given Oath, cannot be re-opened being hit by doctrine of past and closed transaction.”

7. Therefore, an action, which was once held to be legal and was validated by most of the members of the present bench, how can be said to be illegal in the same like circumstances at later stage, just because of reason that the present members of the bench of Supreme Court were not called for Oath on 3rd November, 2007.

8. Here it will be not out of place to mention that the circumstances and facts discussed in the Proclamation of Emergency issued on 3rd November, 2007 have not been disputed in the judgment of 31st July, 2009.

9. Therefore, the issuance of show case notice and proceedings under contempt law against the Judges of superior Courts are just to humiliate and degrade them in the eyes of public at large, otherwise the members of the bench of Supreme Court themselves knew bout the illegal status of their 3rd November, 2007 order.

10. No doubt, notification is a formal announcement of a legal relevant fact, action or intend, but still that formal announcement needs a legal protection of law. Further Article 48 of the Constitution, which relates to the powers of the President, says that in exercise of his functions, the President shall act in accordance with advice of the Cabinet or Prime Minister and the President shall act in accordance to the advice rendered to him and in his discretion in respect of any matter, in respect of which he is empowered by the Constitution to do so. In view of the law laid down in Article 48, the President has been empowered to do an act in accordance to the Constitution and not beyond that. In the light of the powers granted to President under Article 48 although authority has been given to the President to grant pardon, suspend or commute any sentence passed by any Court, Tribunal or other authority but at the same time certain restrictions have been imposed on him that his no act will be contrary to the Constitution. In this scenario, if we examine all Articles of the Constitution, it does not authorize the President of Pakistan that while exercising his powers under Article 48 just by issuing a notification, he can wash out the impact of an order of Supreme Court in field at that particular time i.e. judgment of Tikka M. Iqbal case dated 23.11.2007 observing that :-
“As for the reinstatement of the former Judges of the Supreme Court and the High Courts who ceased to hold office under the Oath of Office (Judges) Order, 2007, we have already held in the Short order that the learned Chief Justices and Judges of the superior courts, (Supreme Court of Pakistan, Federal Shariat Court and the High Courts), who were not given, or who did not make, oath under the aforesaid Order had ceased to hold their respective offices on 3rd November, 2007 and their cases cannot be re-opened being hit by the doctrine of past and closed transaction.

The cases of the former Judges of the superior Courts who ceased to hold office by virtue of the Oath of Office (Judges) Order, 2007, are fully covered by the law laid down in Zafar Ali Shah’s case and cannot be dealt with differently.

We, therefore, reaffirm, uphold and validate the action taken by the respondent No.2 under the Oath of Office (Judges)Order, 2007 in the light of the law laid down in Zafar Ali shah’s case. Upon Proclamation of Emergency, the Provisional Constitution Order and the Oath of Office (Judges) Order of 2007, the former Chief Justice of Pakistan and other former Judges of superior Courts had ceased to hold office. Thereafter any order passed or function performed by them was void, coram non judice and of no legal effect or consequences.”

11. If notification of 17.03.2009 is safeguarded on the basis that by short order dated 31.07.2009 in C.P. No.9 and 8 of 2009 and in detailed reasoning, judgment of Tika Iqbal’s case has been set aside, even if for the sake of argument this proposition it is taken as correct then also at least the day when this notification of 17.03.2009 was issued, judgment in Tikka M. Iqbal’s case was in field, therefore, any notification in presence of this judgment is deemed to be null and void. In spite of that none after their restoration, through the above disputed notification, did raise any voice just for the benefit of judiciary as the loss which the judiciary, had already sustained because of past conduct of the Chief Justice Iftikhar Muhammad Chaudhary was unbearable. Therefore, just to promote the image of judiciary above referred disputed notification was not challenged.

12. This judicial slaughter with the hands of person, who tried to recognize himself as symbol of independence of judiciary is ridiculous. With deliberation, disregard of fact that Contempt of Court Act, 1976 was repealed by Ordinance V of 2003, contempt notices were issued by Supreme Court on 15.10.2009 and 13.10.2009 under the same repealed Act of 1976 and in confusing position had tried to cover the so called contempt by adding the words “any other enabling provision of relevant law”.

13. Turning blind eye to the fact that one superior Court cannot issue an “order” to another superior Court of coordinate jurisdiction because under Article 184 and 199 of the Constitution, both Supreme Court and High Court hold the responsibility to enforce fundamental rights under the Constitution, thus have concurrent jurisdiction and High Court in no term can be said to be subordinate to the Supreme Court.

14. In spite of that the out burst of Chief Justice Iftikhar Muhammad Chaudhary does not end with the pronouncement of judgment and issuance of contempt notice and proceeding under contempt of court, but has opened a new channel for dismissal of judges, who are still contesting, simultaneously calling reference under Article 209 of Constitution, when he and his fellow judges realized their fault of issuance of contempt notice and criminal proceeding being initiated by them under repealed Act of 1976.

15. As after restoration on 16.03.2009, he and his fellow judges assumed themselves to be person free from all rules and regulations, as they did in the past with civil administration resulting an imposition of emergency on 03.11.2007. Again now they are repeating the same conduct with the judicial officers, who did not go along with them on 03.11.2007.

16. This retribution has developed new maxims in the judicial dictionary ;

1. Old. No one can be condemned unheard.
New. Any one can be condemned unheard.

2. Old. No man can be Judge in his own cause.

New. A man can be Judge in his own cause.

17. As without impleading affected judges as party in the proceedings and without serving notices to them and without providing an opportunity of hearing to them, judgment was passed against them.

18. It appears that Chief Justice Iftikhar Muhammad Chaudhary and his fellow Judges of the bench think themselves so unaccountable that they are doing everything, no matter how unlawful, how unconstitutional, how egregious it may be. They have totally ignored all principles of natural justice and think themselves to be the lords of land of the Stone Age.

19. After their restoration as every authority is avoiding to interfere in their illegal activities, which tends them to believe that they are out of everyone’s reach and are free to pass every unconstitutional order.

20. The present supreme court and restored Judges of High Court are dangerously becoming a symbol of “EGO”

21. Opening of two channels at a time, one through contempt proceeding and the other under Article 209 of Constitution show nothing but the grudge of Chief Justice Iftikhar Muhammad Chaudhry with the present contesting judges, to remove them from the job in any manner whichever suits to him in achieving his object of illegal dismissal of contesting judges ,and it appears that while writing short order and detailed judgment in C.P no 8& 9/09 this issue was left purposely.
22. And as at present, President Asif Ali Zardari is in critical position because of N.R.O., which now is going to be decided by the Supreme Court, therefore, now Chief Justice Iftikhar Muhammad Chaudhry has put him in a bargaining position giving an impression that if he will accept the recommendation of Supreme Judicial Council against judges, Chief Justice will save President from any adverse effect of N.R.O. Otherwise the issue of N.R.O was pending before Supreme Court much before the judge’s case and they should had decided it on priority basis because good governess is the main issue of present Govt

23. As there is no hope of any justice with the present wise bench because even during proceeding of Review Applications the bench was not prepared to hear the applicants and in hast hurry manner without providing opportunity of hearing review applications were dismissed. Now as the matter has been referred to Supreme Judicial Council but still the members of the Supreme Judicial Council are the same judges who had decided the main judgment in C.Ps. No.09 and 08 of 2009. Opening of two forums simultaneously one under Contempt of Court Act and the other under Article 209 of the Constitution reflects their predetermined view to remove the applicant and other contesting judges at all cost without realizing the legal status of their so called order of 03.11.2007.

24. Image of so called independent judiciary has also gone downwards if we will examine the observations made by apex court Zafar Ali Shah in para 238 at page 1148 and in para-240 at page 1150 to onwards under the title of collapse of economy, role of public representative, doctrine of necessity and final observation that at page 1216 u7nder the tile of Intervention by Armed Forces have been totally changed in the judgment pronounced on 17.07.2009 in criminal petition No.200/2009 filed by Mr. Mian Muhammad Nawaz Sharif versus the State observing that :-

“The learned defence counsel had argued before the High Court that diversion of the aircraft was necessary as the replacement of General Pervez Musharraf as Chief of Army Staff with General Zia-ud-Din may not have gone well with a section of the Army and the presence of General Pervez Musharraf in the country might have led to infighting between different groups in the Army. That such diversion of the Aircraft was thus necessary to prevent bloodshed, which would have put the integrity of the country at risk. This argument on behalf of the petitioner was rejected by the High Court as “figment of imagination of the appellant otherwise despite the fact that the flight could not be diverted and it landed in Pakistan no untoward incident did happen nor there was any casualty among the different Ranks of Army…. “The presence of the soldiers at the Pakistan Television and later on at the Prime Minister House, a fact having come in evidence of prosecution, was not found by the High Court to be so serious a move to justify such a drastic response as to prevent General Pervaiz Musharraf from returning to the country”.

25. It has further been observed in the very judgment of Criminal Petition No.200/2009 that we are also in no doubt that since petitioner at the relevant time was the Prime Minister as well as Minister for Defence he was empowered to exercise the powers conferred on the Federal Government by section 6 of the Ordinance.

26. This change of views of the same incident probably appears from the facts that in the movement of so called independence of judiciary Mian Muhammad Nawaz Sharif took an active role and because of his statement that termed to be “principle stand” that he will not appear before the courts till the deposed judges are restored to their offices, the delay of eight years in filing the petition was condoned and the stigma of hijacking was removed in this judgment ignoring that what they had already observed in Zafar Ali Shah’s case about instability of Government of Mian Muhammad Nawaz Sharif justifying General Pervaiz Musharraf to take over the government. The evidence referred above from the judgment the so-called independence of judiciary can be clearly viewed.

27. In view of above pleas raised, I strongly challenged formation of bench whose predetermined views with partial judgment is a fact which does not need any further argument.

28. In the interest of justice and to establish the supremacy and dignity of judiciary and country, it is requested that this judicial terrorism be stopped in the same way as you played an active role in the restoration of judiciary.

New scandal of Nawaz the murdrer

Musharaf is not only a person but he is a source of mind change…..a divorce from the mind frame of so called Mullah……

I wish him all the best long life and ability to change the culture of Pakistan…..and nobody knows better to birng this chane than Musharaf….The pro-Pakistan, pakistanis should come forward and suppoet Musharaf…He is not Chorr..he is not mr.10%…he has not transplanted the wig on his escape in Jeddah….he is not Iftikar Ch. who escaped from charges against him by joining political thugs…..he is Musharaf……SUB SEY PHELEY PAKISTAN…

Musharaf, be firm….Pakistan Zindabad