Breaking News:NWFP Govt. announces Islamic courts in Malakand

[wtf]

DAWN.COM | Pakistan | NWFP govt announces establishment of Darul Qaza.

NWFP govt sets up Darul Qaza in Malakand, issues notification - GEO.tv

PESHAWAR: NWFP govt announces establishment of Darul Qaza in Malakand.

PESHAWAR: NWFP Information Minister Mian Iftikhar Hussain has announced the setting up of Darul Qaza in Malakand region.

Addressing a news conference here on Saturday night, the provincial minister said that “Ziauddin and Moinuddin have been appointed as Qazis at the Darul Qaza, adding that a notification has also been issued in this connection.”

“It is a good news for the people of Malakand who have been demanding for long for the establishment of Nifaz-e-Adl Regulation,” Hussain said.

He said that the regulation would be implemented onwards from today.

The minister also called upon Sufi Muhammad to help the government in this regard.

“Qazis have been appointed according to the Sharia in line with the demands of Tehrik Nifaz Shariat-e-Muhammadi,” he said.

Hussain also quoted a statement of Sufi Muhammad in which he had said that one who would pick up arms after the implementation of the regulation would be considered as insurgent.

There was no reason left to pick up arms after the setting up of Darul Qaza, he said, warning that government would take strict action against those who would try to establish parallel state in the province.

 

[SSGPA1]

I am personally okay as long as the provincial govt. handles the appointment of qazis and other factors such as jurisdiction and punishment to the convicts.

 

[Bane Blade]

One wuestion that springs to mind is that will the people be allowed to appeal the decisions in the circuit courts or is that power taken away from them?

 

[SSGPA1]

One wuestion that springs to mind is that will the people be allowed to appeal the decisions in the circuit courts or is that power taken away from them?

People will have powers as qazis are appointed by the province and will take oath on COP.

 

[Bane Blade]

Then why is the TSNM required in this process?

 

[wtf]

PESHAWAR: A controversy is in the offing over the future judicial setup in the Malakand region, including Darul Qaza, as federal and provincial governments have yet to contact the superior judiciary regarding appointment of judges or qazis.



Official sources said that while the provincial government continued to claim that it would set up Darul Qaza and appoint qazis in Malakand in the next couple of days, it had yet to consult the Peshawar High Court in that regard, which was mandatory under the Constitution as well as the recently promulgated Nizam-i-Adl Regulation.



An official in the superior judiciary said the government had yet to start consultation with them for appointment of judges of Darul Qaza.


Moreover, he added, they had also not been consulted over the issue of posting judges in the Malakand region.



When asked whether judges of Darul Qaza could be appointed without consultation, he wondered how the government could deviate from the prescribed procedure as the law was clear on the subject.

Section 2(1)(c ) of the Regulation defines Darul Qaza as ‘appellate or revisional court constituted by Governor of NWFP in the said area, under clause (4) of the Article 198 of the Constitution of Islamic Republic of Pakistan’.



Article 198(4) provides that each of the high courts may have benches at such other places as the governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.



The Peshawar High Court has at present circuit benches in Abbottabad and Dera Ismail Khan, which is mentioned in the Constitution. The governor has earlier given approval for establishment of a bench for the Malakand region.



While the framers of the Nizam-i-Adl Regulation (NAR) have nowhere mentioned the term Peshawar High Court in the Regulation, the mentioning of Article 198 therein shows that Darul Qaza will be a bench of the high court.



A government official privy to the whole development told Dawn that recently Federal Minister for Parliamentary Affairs Babar Awan had clarified that Darul Qaza would be a bench of the high court, but only its nomenclature was changed for the Malakand region.



He pointed out that under Article 193 of the Constitution even the provincial government was not empowered to appoint judges of the high court and that was the specific responsibility of the president.



The official said that under Article 193 the president appointed a judge of the high court after consultation with the Chief Justice of Pakistan, chief justice of the respective high court and governor of the respective province.



Keeping in view these provisions, he added, a judge of the Darul Qaza could only be appointed by the president and not by the provincial government.An official of the high court said they did not want to indulge in any controversy at this stage.



However, he added, if the issue was challenged in the court it would decide the matter in accordance with the Constitution and the prevalent law.



Another thorny issue is the posting of judicial officers. While the Regulation provides that a duly appointed judicial officer should be ilaqa qazi, preference should be given to those officers who had completed Sharia course from a recognised institution.

DAWN.COM | Metropolitan | Malakand judicial setup may stir controversy

=======================================

Isn't somebody forgetting the separation of powers between executive and the judiciary ? It seems like the new judges/Qazi's are being appointed without consulting the high court.

 

[Bane Blade]

It would be going against the law if they are appointed in that fashion. However I think that the supreme court would put a stay order immediately and probably resolve the issue.

 

[SSGPA1]

PESHAWAR: Official sources said that while the provincial government continued to claim that it would set up Darul Qaza and appoint qazis in Malakand in the next couple of days, it had yet to consult the Peshawar High Court in that regard, which was mandatory under the Constitution as well as the recently promulgated Nizam-i-Adl Regulation.

Now this is a bloody joke ... everything is half *** when it comes to our politicians ...

 

[z9-ec]

Funny indeed. Considering, the inactivity of the incumbent "free" CJP. Where is the "independent" judiciary? where are the dancing bafoons and the so called defenders of the constitution.

 

[Bane Blade]

Funny indeed. Considering, the inactivity of the incumbent "free" CJP. Where is the "independent" judiciary? where are the dancing bafoons and the so called defenders of the constitution.

Inactivity?????
He has been hearing cases on the roster we don't have a dictator incharge at the moment who loves to run the country like a little god. Maybe because he is gone so now things norm out a bit more.

 

[wtf]

BATKHELA: The Tehrik Nifaz-i-Shariat Muhammadi (TNSM) and the Swat Taliban have rejected the setting up of Darul Qaza and appointments of Qazis as a unilateral decision of the government, saying Sufi Mohammad was not consulted before the announcement.

DAWN.COM | Metropolitan | TNSM, Swat Taliban reject Darul Qaza

 

[batmannow]

BATKHELA: The Tehrik Nifaz-i-Shariat Muhammadi (TNSM) and the Swat Taliban have rejected the setting up of Darul Qaza and appointments of Qazis as a unilateral decision of the government, saying Sufi Mohammad was not consulted before the announcement.

DAWN.COM | Metropolitan | TNSM, Swat Taliban reject Darul Qaza

VERY WISLY, same like sufi mohmed did the time , when he took alot of young peoples from FATA , to do "JIHAD" against USA!
NICE GOING suffi mohammed shahib! great decicion!

 

[Bane Blade]

He was appointed to bring peace in the region they should have involved him and the courts for the decision.

 

[ajpirzada]

there was a statement by sufi before gov appointed qazis in which he said that gov is not willin to accept his ppl as judges while those whom gov want to appoint are not fit for the job. he indirectly made it clear that he wants his ppl to be judges.
another reason could have been than gov wants to launch an operation in swat coz swat talibans openly said that they wont lay down their arms. sufi mohammad promissed that talibans will lay down weapons but he failed to deliver. now wat the hell is he cryin for??? he is against democracy and y is that??? coz ppl will never vote for him or his buddies..
once dir, buner and shangla are cleared of militants, operation should be launched in swat from all three sides. dir (west), buner (south) and shangla (east).

 

[Bane Blade]

Now Qazi Hussain wants a share of power or maybe he is actually the good guy who wants the better for Pakistan.

Sufi Muhammad not against me, says Qazi - GEO.tv

Updated at: 0234 PST, Tuesday, May 05, 2009
Sufi Muhammad not against me, says Qazi PESHAWAR: The former Ameer Jamat-e-Islami (JI) Qazi Hussain Ahmed has said the innocent people are being killed amid army operation in Swat and termed military operations as a bid to bag US dollars.

Talking to media during a gathering here, Qazi said that Sufi Muhammad, the chief of Tehreek-e-Nifaz Shariat-e-Muhammadi (TNSM) is not against me but the government and media are trying to raise conflicts between us.

“The innocent people are being targeted in Swat operation while the government has launched military operation in Swat for sake of US dollars”, Qazi said adding, “US can never see peace flourishing in Pakistan”.

The people are unsecured here due to fragile law and order situation in Pakistan, he added.