IHC lashes out at Army's role 'as mediator' in government's agreement with protesters

[Bashido]

Does anyone here in PDF endorse your views?
Is it open secret now in Pakistan that army doesn't listen/follow the civilian govt?
Anybody still having faith in Pakistani Army that it is working together with civilian govt in Pakistan interest or the other view that Pakistani Army decides what is good for Pakistan is the only truth!

Do you really think, anyone here will endorse me? This forum is also used for propaganda against its own sitting govt (you can see FB posts adn suspended Twitter account).
But, change is evident in our society. People start to criticize the role of army. One major thing is DHA and Cantt when normal people pass by these housing societies and sees the diffference of life. Politicians ko tau badnaam kiya hai inho nay.

Maybe justice shokat aziz siddique needs a refresher course on "Constitution of Islamic republic of Pakistan " and those pseudo liberals who are non stop barking against the army needs to check the facts first.

View attachment 439572

Sir with due respect, the whole constitution also states that army is under the Civillians power and they have to comply the govt orders. Isn't it?
Ab tau apko consitution yaad agaya ...

 

[American Pakistani]

Pakistan is not for Moderate Muslims, who loose every war against the Extremist Muslims while at every point centuries old religious system supports the Extremists and not the moderate Muslism.

I agree with you that Pakistan is for every Pakistani regardless of religion.

Islam tells us that if you murder/kill one human, you killed entire humanity. So extremists are not following Islam, they are takfiris.

 

[RescueRanger]

@The Eagle
Please moderate the Indian comments in this threat please. Not needed!

Salam to you too.

If you don’t have time, say so.

Learn to read between lines?

@The Eagle Hey nice to see productive level of discussion by this TTC. I am impressed.
That is why the dunce yesterday. What do you expect me to say?

By the ways @RescueRanger reading between the lines - this is an abject surrender of Pakistan Army in front of Radicals in garb of ‘peaceful resolution’ thereby ceding space to radicals, a fine lesson which will be noted in conjunction with release of Hafeez Saeed, wherein it shall not only embolden repetition of such acts every time some nut job comes over taking umbrage at a perceived ill, but will also allow them to increase their base, the very society where the professional PA soldier comes from.

Now let ME spoon feed YOU.

On Sunday, COAS PA asked Saudi Arabia to intervene with radicals. Summons issued, and as they say, rest is history.

My spoon feed was shared with @nair in real time.



Have fun

The day I need one of yours to spoon feed me, please take me round the back of the yard and shoot me with shitballs! Till the how about your deal with your own national **** ups!

Salam!

 

[Airdef95]

IHC judge Shaukat Siddiqui -removed Lal Masjid official from 4th Sched, VD ban, once Abdul Aziz's lawyer,now bloggers on Lal Masjid petition.....The credentials of IHC (Islamabad High Court) Justice Shaukat Aziz Siddique, who rejected bail of Musharraf, are extremely suspicious as he had been the counsel of Maulana Abdul Aziz and Rana Faqir, an accused of two suicide attacks on Musharraf. Moreover, Justice Siddique had also been a counsel in missing persons case in 2007 against Pakistan army ,” He was also a contestant in NA-54 on Jamaat-e-Islami (JI) ticket and also represented different terrorists in cases

What a shame!! Worst people among us are our representatives/office holders.

 

[Bashido]

Maybe justice shokat aziz siddique needs a refresher course on "Constitution of Islamic republic of Pakistan " and those pseudo liberals who are non stop barking against the army needs to check the facts first.

View attachment 439572

Now read this whole clause. Don't alter the facts and law

A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forced of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.]

 

[The Eagle]

Now read this whole clause. Don't alter the facts and law

A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forced of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.]

Can you elaborate the section along with sub-section as quoted to a layman like me?

Also, but LHC praised and supported what Pakistan Army did in this subject so I wonder, being naive of legal matters, how one Court can miss what you quoted as such?

 

[Musafir117]

Can you elaborate the section along with sub-section as quoted to a layman like me?

Also, but LHC praised and supported what Pakistan Army did in this subject so I wonder, being naive of legal matters, how one Court can miss what you quoted as such?

Which side of judge I take?

 

[Safriz]

Funny how the same judge who was part of countrywide sit-ins, property damage, disruption and rioting during lawyers protests, is behaving like holy cow.
Back in 2009 him and 100 judges removed by Musharraf, were restored due to Coas kayani arbitration. Now he says army should not arbitrate

 

[Awan68]

To all the dimwit idiots out here, acc to Pakistani law a prisoner after released has to be given some kind of monetary relief like a bus ticket home, the command of the situation was given to the rangers by the govt, this is rangers handing out that legal busticket home to the released protestors acc to Pakistani law, now shut it u bigots...

Let us not forget the international fallout: With its national traits of religious fanaticism, failed governance and military insubordination on full display, how can Pakistan expect to be treated as a responsible nuclear power without fixing them?

Come out of this colonial mindset quick, no one takes a yes sir seriously, this country will be run only as Pakiatanis want it, the world will take us seriously with our own unique identity, if they have a problem with it they can go to hell....

 

[Safriz]

I am not very sure about the point you are making, but Article 245 (3) is meant to be read in conjunction with (2) and not in isolation. Additionally, the Court under Article 199 may not pass an order against any member of Armed Forces in official discharge of duties.

Clarify when or where is applicability here?

In my simple opinion, the Court remains empowered by the Article 199 to enforce Rights as granted the Citizens of Pakistan as being violated by illegal blockade and occupation of the Interchange. It is merely acting in accordance with the spirit of the same.




My flag may false flag my post as that of glee, but I actually agree with you here. It was a sad day as apparently the State failed to impose it's writ and was actively undermined by PA in that. Whatever the good reasons, ingenuity of the top brass in projecting cohesiveness with the elected Government would have strengthened the nation. Now, the fringe groups appear the biggest winner.

Errr.
Article 245 when implied, completely removes high court powers to interfere.
Article 199 requires an applicant asking the court yo take action. The high court cannot take any action by itself, I needs a claimant.
In Faizabad case there were two disputing parties, the government of Pakistan and Dharna leaders. None asked the high court to interfere, and yet they did.

 

[I.R.A]

While I absolutely agree with the underlying principle that you are emphasising, my contention is more on the need of the hour being a unity of the State and its organs in ensuring a cohesive approach to any challenge to its authority, writ and viability.

Honestly I still don't get ...... why ....... the need to object on what role Army played ........ then.

The area got cleared and Army got involved ...... without sending in the force to make way for police and LEAs.

Who required PA to actually do anything? That is the point I was making.

The main goal was to get the area cleared ........ protesters weren't listening and agreeing to whatever the government was negotiating with them. Finally the city administration (no senior high ranking official involved) is tasked to do a halfhearted clearance operation (to prove that we are complying with court's orders), which the sitting interior minister later disowned publicly in the media. The result chaos and more agitation ..... now the government straight away jumps to order Army to get involved ..... (I hope you see the problem) .... the Army gets involved (contrary to what most are not getting here) ...... and they solve the issue without any further confrontation and agitation ......... when a serving Major General has signed the settlement document then how is it that Army didn't act on Government's order and didn't play its role to establish law and order and avoid chaos?

Was it really necessary to send in troops? When the goal can be achieved without it?

 

[Psychic]

My family and friends told that situation was really bad, the inter-city transportation was blocked and life had come to standstill. Govt just blocked the media to cover it but it was the most wide spread protest so far and the damages done by the people are meagre in comparison to the their power.
Enemies both internal and external very keenly observing and waiting in the wings like vultures for the chaos to grow out of control which would have had the army acted upon govts advise to use force against the largely peaceful protestors.

The govt poked a bee hive. Even majority of the parliament was against this amendment let alone the general public.
They touched a very sensitive issue without keeping in mind the outcome.

The way the matter was handled was exactly how it should have been handled, the turmoil was spreading throughout the country.
The bottom line is that you cannot use force against the general public. It is not bowing to some fringe elements, when in fact the fringe elements were those who passed this law which was not only repugnant to the spirit of Islam( in total violation of the constitution) but also against the wishes of the majority of the public.

 

[Safriz]

Armed forces are beyond the jurisdiction of a high court under article 199
. I don't know under what authority justice Shaukat of Islamabad high court is even talking about army in precious court time where he should be doing something productive.

 

[Psychic]

The Express Tribune > Pakistan > Punjab
Ending sit-in: LHC judge applauds army for saving country
By Our Correspondent
Published: November 28, 2017
18SHARES
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LAHORE: Just a day after an Islamabad High Court (IHC) judge came down hard on the army’s mediation to defuse the three-week-long-sit-in on the Faizabad intersection in the federal capital, his counterpart in Lahore believed otherwise.

Justice Qazi Muhammad Amin Ahmed of the Lahore High Court (LHC) was all praise for the military on Tuesday, saying that its timely intervention saved the country from a huge catastrophe and prevented more deaths.

“There would have been more deaths if the armed forces had not intervened timely,” Justice Ahmed observed. “Everyone knows that the army has saved the country from a huge catastrophe.”

 

[war&peace]

The govt poked a bee hive. Even majority of the parliament was against this amendment let alone the general public.
They touched a very sensitive issue without keeping in mind the outcome.

The way the matter was handled was exactly how it should have been handled, the turmoil was spreading throughout the country.
The bottom line is that you cannot use force against the general public. It is not bowing to some fringe elements, when in fact the fringe elements were those who passed this law which was not only repugnant to the spirit of Islam( in total violation of the constitution) but also against the wishes of the majority of the public.

Exactly, finality of the Prophethood is the cornerstone of the faith of a Muslim and this is one thing about which there is no difference of opinion among the sects in Islam. Furthermore even if it were apparently the brelvis, they constitute the largest portion of the population that remains calm and peaceful for 99.99% of the time. I had a little difference of the leadership of Khadim Hussain because of his abusive language which is totally unacceptable for a religious leader but there are no two opinions about their stance.

Army did an excellent job to quell it otherwise it was spreading at mind boggling pace with each city being shut simultaneously. People had just started to attack the members of the PMLn and it was just the start.