CJ Making a Mole Out Of Procedural Lacuna

[SIPRA]

The public debate at this time should not be about whether Gen Bajwa should get an extension of his tenure or not. It should be about how the Supreme Court is handling the matter. The manner in which it is being done makes the motives of the judges very suspicious.

The procedural issues could have, and should have been handled without all the spectacle. As for the government's reason for extending the COAS's tenure, it is the government's prerogative. The SC is not the competent authority to assess the country's security.

The legal system is based upon both statutory law and case law (precedent). Clearly, we have precedents, and in the past, the SC did not question the government's prerogative as the competent authority to make such a decision.

Even if we were to accept the SC's argument at face value, the fact that this is a last minute, last ditch, suo moto action by the SC, just before the retirement of Mr. Khosa, does nothing to dispel the impression that this is either a vindictive move, or part of a larger conspiracy.

Mr. Khosa has destroyed his legacy, and thrown the country into a wholly needless and preventable crisis. It's a shame, really.

Your analysis is wholly true, in my opinion.

 

[Last starfighter]

No institution shud be dependent on personalities and pak army is not dependent on kiyanis musharafs or bajwas


These extensions harm the institution and practice shud be put to an end

Bollocks

 

[Old School]

The 'doctrine of necessity' keeps haunting Pakistan. No person should be indispensable in a true republic which is yet to be seen.

 

[El Sidd]

The Judiciary will be responsible if it lets an incompetent government proceed to govern Pakistan.

The judiciary is witness to incompetency plaguing Pakistan and it will be of criminal negligence to further oppress Pakistanis.

#HelpUs

 

[koolio]

The Judiciary will be responsible if it lets an incompetent government proceed to govern Pakistan.

The judiciary is witness to incompetency plaguing Pakistan and it will be of criminal negligence to further oppress Pakistanis.

#HelpUs

As if Pakistanis never have been brutally oppressed in the past decades.

Please help the Trolls.

 

[AZ1]

As if Pakistanis never have been brutally oppressed in the past decades.

Please help the Trolls.

He himself incompetent to follow just a forum rules and he talked about PM lol. Really jaha jayenge waha naam roshan kareinge.

 

[Genghis khan1]

Gen Bajwa's extension: Who is the petitioner?

Listen

Riaz Rahi

ISLAMABAD: It has been a pattern in recent times of heating judicial activism that an intriguing individual comes up with a petition on burning political/ constitutional issue and triggers a debate and suddenly disappears.

Same was repeated on Tuesday when a petitioner threw almost certain extension/ re-appointment of Army Chief General Qamar Javed Bajwa in doubt. It was Riaz Rahi who challenged General Bajwa’s tenure first and later moved an application to withdraw the petition but the top judge, however, rejected the plea, observing it fell into the domain of public interest under Article 184 (3) of the Constitution.

In April 2018, Riaz Rahi challenged appointment of Justice Qazi Faez Isa as judge of the Supreme Court of Pakistan. The timing and ground of the petition against the Chief of Army Staff was very important as General Qamar Javed Bajwa has to retire tomorrow, Nov 28, 2019. Similarly, the timing of filing petition against Justice Qazi Faez Isa as the SC judge and his appointment as the Balochistan High Court chief justice in August 2009 looked like one such effort to undermine the credibility of a jurist who otherwise was known to be as an upright man among the legal fraternity. Now judge Faez Isa is facing a trial in the Supreme Judicial Council (SJC) as well as in the apex court.

In March 2018, Riaz Rahi filed two contempt petitions against ex-premier Nawaz Sharif. On Dec 2013, the IHC rejected Riaz Rahi’s petition challenging the constitution of a special court for the treason trial of former president Musharraf. On July 10, 2017, Riaz Rahi filed a petition seeking a halt on transfers and postings of all public servants on the directions of then PM Nawaz Sharif until the final decision of the Panama case was announced in the apex court. All petitions were dismissed and this list goes on with Justice Faez Isa’s fine of Rs10, 000 imposed on Aug 13, 2015. The Islamabad High Court (IHC) Justice Shaukat Siddiqui imposed a fine of Rs100,000 on Riaz Rahi in 2014 and then after a few months, Justice Athar Minallah of the IHC fined him Rs10,000 on filing frivolous petitions challenging the judicial policy and electoral system of the country and for withdrawal of security from former CJP Iftikhar Muhammad Chaudhry. Justice Sheikh Hakim Ali of the Lahore High Court, Bahawalpur bench, had jailed Riaz Rahi for one month for contempt of court and also fined Rs30,000 in 2005 when he, during the hearing of his case, misbehaved with the judge. In March 2010, Riaz Rahi challenged reinstatement and appointment of the then CJ Iftikhar Muhammad Chaudhry and Justices Ghulam Rabbani and Khalilur Rehman Ramday but later his entry into SC premises was temporarily blocked. On Dec 17, 2013, Riaz Rahi challenged the creation of a special court to try former president Pervez Musharraf for high treason in the IHC. On April 15, 2009, Riaz Rahi filed a writ petition in the IHC challenging the notification of Justice Sheikh Hakim Ali as a Supreme Court judge. On August 8, 2017, Riaz Rahi lodged petition against ex-PM Shahid Khaqan Abbasi’s order of forming a committee to probe MNA Ayesha Gulalai’s allegations in the IHC.

Riaz Rahi, despite repeated attempts made by The News to take his viewpoint, did not respond.

https://www.thenews.com.pk/print/575030-who-is-the-petitioner

 

[El Sidd]

As if Pakistanis never have been brutally oppressed in the past decades.

Please help the Trolls.

ok

 

[HAIDER]

This law never been discussed or touched by any govt institution for the last 72 years. So, how a team of govt lawyers can resolve this mega issue in 3 days. A blame goes to every govt, because when SC check the appointment record of last two COAS extension , they found that no satisfied legal or constitutional procedure mention.
@HRK and @Signalian

PS: it not necessary that we are agree with every act, but strong army is backbone of nation survival.

 

[HRK]

So, how a team of govt lawyer can resolve this mega issue in 3 days.

what 3 days government has 6 months ....

 

[HAIDER]

what 3 days government has 6 months ....

3 days intense debate in court to satisfy , where according to court there is no written rules about extension or appointment.

 

[HRK]

3 days intense debate in court to satisfy , where according to court there is no written rules about extension or appointment.

debate was the result of petition which was filed by a private petitioner the very next day of the announcement of issuance of letter of extension by Government and SC decided to hear the petition the very next day ....

 

[wali87]

If you ignore the propaganda and blame game going on from both sides, it’s actually a step in a positive direction for our country.
The court should show some leniency in regards to the extension however, at the same time they must ensure that this extension law is not practiced so often as it has been in the past and present. They must set a precedent for the future. I believe it will further strengthen not only our army but courts as well as other institutions.
We all know what happens when promotions are delayed and that every next army chief is as capable as its predecessors if not more. Every chief has his achievements and challenges during his tenure, however that should not be a basis for an extension in my opinion.

 

[HAIDER]

If you ignore the propaganda and blame game going on from both sides, it’s actually a step in a positive direction for our country.
The court should show some leniency in regards to the extension however, at the same time they must ensure that this extension law is not practiced so often as it has been in the past and present. They must set a precedent for the future. I believe it will further strengthen not only our army but courts as well as other institutions.
We all know what happens when promotions are delayed and that every next army chief is as capable as its predecessors if not more. Every chief has his achievements and challenges during his tenure, however that should not be a basis for an extension in my opinion.

I think , SC wrongly address the issue, they need to discuss this issue in the pretext of previous appointments and give direction to govt. Because end of the day , SC review the previous extension cases and all 9 extensions follow the same pattern.

 

[fitpOsitive]

This law never been discussed or touched by any govt institution for the last 72 years. So, how a team of govt lawyers can resolve this mega issue in 3 days. A blame goes to every govt, because when SC check the appointment record of last two COAS extension , they found that no satisfied legal or constitutional procedure mention.
@HRK and @Signalian

PS: it not necessary that we are agree with every act, but strong army is backbone of nation survival.

The best solution to this situation will be that PM is cancelling extension of every bureaucrat given in last 6 months.
Is waqeel ka apna koi bhai bandh raghray main aaeyga tu khud mafi bhi mangyga or case bhi wapas hoga.