NA adopts 21st Constitutional Amendment unopposed

[Bratva]

83 cases prepared for being sent to military courts by MoI.

BTW, Petition challenging establishment of military courts filed in SC - Pakistan - DAWN.COM

@syedali73 @Bratva @balixd ...here we go. Let's see if the SC accepts the petition or not. I think it will.

What's the procedure in this? Can the military courts function while the petition is being heard?

IIRC, the precedence of 2007 Musharraf presidency case could be applied where Musharraf remained President despite COAS and supreme court heard his legitimacy case concurrently

 

[Jango]

Maulana Shirani said the debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’ was held on a six-point agenda. The agenda also included discussion to see whether an exemption of certain laws from Article 8 of the Constitution which relates to fundamental rights clashes with the United Nations charters and agreements on human rights.

And suddenly these disco Mullahs care about the United Nations charters and all.

The only point that these guys have is that they were circumvented in this whole procedure. They have no other valid grievance regarding this.

 

[syedali73]

And suddenly these disco Mullahs care about the United Nations charters and all.

The only point that these guys have is that they were circumvented in this whole procedure. They have no other valid grievance regarding this.

In addition to what you mentioned above, they are enraged for they fear of loosing their black mailing powers as a result of eradication or control of the so-called Jihadi elements. Their entire politics and power game is revolving around the terrorist-churning madrassahs. Plus these madrassah's are their gold mines.

 

[ziaulislam]

By Civilian Gov.... i was referring to the current Civil Gov...

so what has the current civilian govt did to improve police, judiciary, witness protection or forensic expertise of crime department...>>>>>nothing

 

[VCheng]

And suddenly these disco Mullahs care about the United Nations charters and all.

The only point that these guys have is that they were circumvented in this whole procedure. They have no other valid grievance regarding this.

CII may take suo moto notice to review 21st Amendment - thenews.com.pk

CII may take suo moto notice to review 21st Amendment

Muhammad Anis
Wednesday, January 07, 2015
From Print Edition


ISLAMABAD: Chairman of the Council of Islamic Ideology (CII) Maulana Muhammad Khan Shirani on Tuesday said that the Council would review the 21st Amendment to the Constitution which gives constitutional cover to the special military courts to hold the trial of terrorists.

“The government did not seek our guidance on the legislation but the council can still review the amendment even it is passed by the two houses of Parliament,” said Maulana Shirani, while addressing a press conference after chairing a debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’.

Shirani said that the CII could take suo moto notice of any law or legislation or the government could also send the draft of any bill even after it is passed by parliament. He said that participants of the debate that included religious scholars from different schools of thought and lawyers leaders also proposed that the CII recommendations should be sought on establishment of military courts and the 21st Amendment to the Constitution.

Maulana Shirani said the debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’ was held on a six-point agenda. The agenda also included discussion to see whether an exemption of certain laws from Article 8 of the Constitution which relates to fundamental rights clashes with the United Nations charters and agreements on human rights.

It may be pointed out that the Pakistan Army Act, 1952, Pakistan Air Force Act, Pakistan Navy Ordinance and Protection of Pakistan Ordinance, 2014 have also a place in the First Schedule of the Constitution where the Article 8 does not apply.

Other points on the agenda of the debate included study of Islamic clauses of the Constitution, status of other Articles in the light of Article 2 (a) of the Constitution, to ensure that any law introduced in parliament does not clash with Quran and Sunnah, identification of Articles of the Constitution which are against the Islamic laws, study of Chapter 9 of the Constitution, study of Article 8 (3) of the Constitution.

During the debate, the participants observed that the CII had the right to recommend amendments in the Constitution and it should be made mandatory on the members that any bill which they are going to move in parliament does not clash with Holy Quran and Sunnah.

The participants also observed that the discretion being enjoyed by the president of Pakistan and governors to pardon a punishment where Hudood and Qisas are concerned are un-Islamic. They also proposed that Faith on Khatam-e-Nubawwat (SAW) should be made part of oaths of ministers, Speaker National Assembly, chiefs of armed forces and those holding other key posts.

Maulana Shirani maintained that the CII would continue to send its recommendations to parliament till two houses are functioning and carrying out legislation.The debate was participated by Maulana Shirani, Senator Raja Zafarul Haq, Barrister Zafarullah, Justice (retd) Raza Khan, Juctice (retd) Amjad Ali, Mufti Munibur Rehman, lawyers representatives Kamran Murtaza, Yasin Azad and Zia Awan, Hafiz Ikramul Haq, Mufti Muhammad Ibrahim Qadri and others.

 

[iPhone]

I do give props to Nawaz and his party for staying true on the formation of the amendment.

No matter what people say, that Chief was behind this and whatnot, truth of the matter is that Nawaz went with it. Where PPP half heartedly supported the amendment, crying as a matter of fact and calling it an embarrassment, leaves me with zero doubt if PPP was in power they would have fought tooth and nail against the army chief over this amendment.

Every one knows where PTI, stands on the issue of terrorism.....right with them. And the rest are also apparent. So, I'm beyond surprised and admire PML N for staying true to the cause.

Whatever comes out of this, is to be seen. But at least we know who stands where now.

 

[Devil Soul]

so what has the current civilian govt did to improve police, judiciary, witness protection or forensic expertise of crime department...>>>>>nothing

i'm not going to defend the current Gov & i agree that they did very lil to improve things, but they also cant be blamed for the mess which started like with 3 Gov before them...

 

[ziaulislam]

what i am afraid that if CJ, or Sharia council try to interefere it will not only create a chaotic problem in the constitution but also a severe public black lash against those involved in opposing the amendment especially from people of peshawar

 

[Viper0011.]

so what has the current civilian govt did to improve police, judiciary, witness protection or forensic expertise of crime department...>>>>>nothing

What you fail to understand is that everything requires $$$$. Which your country doesn't have. So the FIRST step that ANYONE needed to do, was to make sure that the hungry bellies are fed. Its great to be an internet warrior sitting inside a nice room writing posts. Its much harder to go outside and see people barely making it through the day without proper food, water, electricity, education and obviously work.

So to improve society, you need $$$$ (and clean up the 70 year old mess). The current government (giving credit to where its due), has been working at bringing a LOT of investment and projects. Which will bring about economic changes.
While doing this, they are also combating the menace of terrorism, which has plagued Pakistan for almost 4+ decades. Then add other issues like electricity, corruption, floods, lack of education, etc, etc.

Right now, the ONLY three things needed for Pakistan are:

1) Get ride of the terrorism / destroy Talibans and their bastar*d cousins doing terrorism - Without security situation getting better, your families, children, neighbors, other countries across the globe aren't safe. So no one would do business with you.

2) Economic change. This has already started. If you focus on number 1 above, and kill and jail all terrorists, your society will become peaceful and businesses and investments would flourish. This will provide more funding for the military, hospitals, police, paramedics, education and all. The money coming in should go towards electricity generation, infrastructure, eduation and public safety. In the next decade, you can really change your country and make it a peaceful progressing society.

3) Keep focusing on number 1 and 3 again. Its just that important.

 

[F86 Saber]

JUI-F officials told DawnNews today that the party chief has called leaders of religious political parties and invited them to a consultative meeting at 11am on Thursday at his Ministers' Enclave residence in Islamabad.

All of them at the same place........

 

[ziaulislam]

What you fail to understand is that everything requires $$$$. Which your country doesn't have. So the FIRST step that ANYONE needed to do, was to make sure that the hungry bellies are fed. Its great to be an internet warrior sitting inside a nice room writing posts. Its much harder to go outside and see people barely making it through the day without proper food, water, electricity, education and obviously work.

So to improve society, you need $$$$ (and clean up the 70 year old mess). The current government (giving credit to where its due), has been working at bringing a LOT of investment and projects. Which will bring about economic changes.
While doing this, they are also combating the menace of terrorism, which has plagued Pakistan for almost 4+ decades. Then add other issues like electricity, corruption, floods, lack of education, etc, etc.

Right now, the ONLY three things needed for Pakistan are:

1) Get ride of the terrorism / destroy Talibans and their bastar*d cousins doing terrorism - Without security situation getting better, your families, children, neighbors, other countries across the globe aren't safe. So no one would do business with you.

2) Economic change. This has already started. If you focus on number 1 above, and kill and jail all terrorists, your society will become peaceful and businesses and investments would flourish. This will provide more funding for the military, hospitals, police, paramedics, education and all. The money coming in should go towards electricity generation, infrastructure, eduation and public safety. In the next decade, you can really change your country and make it a peaceful progressing society.

3) Keep focusing on number 1 and 3 again. Its just that important.

actually no, it is not purely about money but legislation...


and if you think terrorism will end in few years it wouldnt, changing the health, judicary and education system will end terrorism.
why do you think lal masjid kateeb despite being clear cut case of dozens of crimes from illegal weapon to incitement and public damage and murder of rangers and tv cameramen is roaming around free...



i am no expert in other fields but regarding health i can assure we spend several more times than other countries yet end up in worse situation due to wrong priorities. for example a single VIP toyota cost that is brought but by health ministry can cover cost of all defibrillator in all hospitals( we dont even have them!)
another example is that a BHU has 2 chokidaar, a health technician and tons of expired medicine but no doctors
another example is no pay structure for doctors who thus dont go to BHUs and thus its usually closed with those guys getting paid at home.
another example is that govt keep on building larger hspiatls in cities while ignoring smaller cities creating health vacum problem

same is true for police, police has training academy and a good pay but i am pretty sure they dont get good training in investigations, we are also one of the few countries who dont have separate investigation department(it was tried in 2002 but PPPP govt canceled it)
we also have no frensics, i mean even the basics. e.g the forensic lab monthly cost is few lac in Peshawar but even so we just have a single lab in whole Peshawar and adjustment area and only 2 Coroner's Office .( i worked at Coroner's Office office too so speaking of experience)

even with same budget if proper legislation is done and man power is properly distributed and reduced where not needed we can cover it. that is the reason countries spending less than us are in better position....

not every problem is due to money

so NO; ITS NOT ABOUT LESS MONEY, its how its SPENT

 

[DV RULES]

Sir, it is a constitutional body and each and every law requires to be scrutinized by this body. Why we have it? Because we have accepted in the constitution of Pakistan that all the laws will be in line with Islam and shariah and since not all (or most) of the law makers have adequate knowledge of Islamic jurisprudence, the laws will be examined/scrutinied by a body (CII) whose member are familiar with the Islamic jurisprudence.

The council has the following functions:

1. To recommend laws conforming to Qur'an and Sunnah to the Parliament and Provincial Assemblies.
2. To advise the Parliament, Government of Pakistan, President of Pakistan, or Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam.
3. To make recommendations to bring current laws into conformity with Islamic injunctions.
4. To compile guidance for the Parliament and Provincial Assemblies.

However, the Government can make a law before advice is furnished by the council.

Not constitutional but legal body!