Panama Case - Post Verdict Discussion and Updates

[PakSword]

I dont know if everyone here has read Justice Khosa's note in Yousuf Raza Gilani's case....but everyone MUST read it.. infact if you have even read it earlier.. MUST read it again...its SOOOO relevant today...

-----------------------------------

Asif Saeed Khan Khosa, J.: I have had the privilege of going through the proposed judgment authored by my learned brother Nasir-ul-Mulk, J. and I am in respectful agreement with the same. I would, however, add the following note to the proposed judgment.

2. In the context of the case in hand I am reminded of the following unforgettable words of Khalil Gibran that paint a picture which unfortunately appears quite familiar:

Pity the Nation

Pity the nation that is full of beliefs and empty of religion.

Pity the nation that wears a cloth it does not weave,
eats a bread it does not harvest,
and drinks a wine that flows not from its own wine-press.

Pity the nation that acclaims the bully as hero, and that deems the glittering conqueror bountiful.

Pity the nation that despises a passion in its dream,

Pity the nation that raises not its voice
save when it walks in a funeral,
boasts not except among its ruins,
and will rebel not save when its neck is laid between the sword and the block.

Pity the nation whose statesman is a fox,
whose philosopher is a juggler,
and whose art is the art of patching and mimicking.

Pity the nation that welcomes its new ruler with trumpeting, and farewells him with hooting,
only to welcome another with trumpeting again.

Pity the nation whose sages are dumb with years and whose strong men are yet in the cradle.

Pity the nation divided into fragments, each fragment deeming itself a nation.

3. With an apology to Khalil Gibran, and with reference to the present context, I may add as follows:

Pity the nation that achieves nationhood in the name of a religion but pays little heed to truth, righteousness and accountability which are the essence of every religion.

Pity the nation that proclaims democracy as its polity but restricts it to queuing up for casting of ballots only and discourages democratic values.

Pity the nation that measures honour with success
and respect with authority,
that despises sublime and cherishes mundane,
that treats a criminal as a hero and considers civility as weakness and that deems a sage a fool and venerates the wicked.

Pity the nation that adopts a Constitution
but allows political interests to outweigh constitutional diktat.

Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.

Pity the nation whose servants treat their solemn oaths
as nothing more than a formality before entering upon an office.

Pity the nation that elects a leader as a redeemer
but expects him to bend every law to favour his benefactors.

Pity the nation whose leaders seek martyrdom through disobeying the law than giving sacrifices for the glory of law
and who see no shame in crime.

Pity the nation that is led by those
who laugh at the law
little realizing that the law shall have the last laugh.

Pity the nation that launches a movement for rule of law but cries foul when the law is applied against its bigwig, that reads judicial verdicts through political glasses
and that permits skills of advocacy to be practised
more vigorously outside the courtroom than inside.

Pity the nation that punishes its weak and poor but is shy of bringing its high and mighty to book.

Pity the nation that clamours for equality before law but has selective justice close to its heart.

Pity the nation that thinks from its heart
and not from its head.

Indeed, pity the nation
that does not discern villainy from nobility.

4. I must clarify that I do not want to spread despair or despondency and it may be appreciated that no reform or improvement is possible until the ills or afflictions are identified and addressed. The respondent’s conduct in this case regrettably appears to be symptomatic of a bigger malady which, if allowed to remain
unchecked or uncured, may overwhelm or engulf all of us as a nation and I recall here what Johne Donne had written:

Each man’s death diminishes me, For I am involved in mankind. Therefore, send not to know
For whom the bell tolls,

It tolls for thee.

5. Khalil Gibran had also harped on a somewhat similar theme as under:

On Crime and Punishment

Oftentimes have I heard you speak of one who commits a wrong as though he were not one of you, but a stranger unto you and an intruder upon your world.
But I say that even as the holy and the righteous cannot rise beyond the highest which is in each one of you,

So the wicked and the weak cannot fall lower than the lowest which is in you also.
And as a single leaf turns not yellow but with the silent knowledge of the whole tree,

So the wrong-doer cannot do wrong without the hidden will of you all.
Like a procession you walk together towards your god-self.
You are the way and the wayfarers.

And when one of you falls down he falls for those behind him, a caution against the stumbling stone.
Ay, and he falls for those ahead of him, who though faster and surer of foot, yet removed not the stumbling stone.

And this also, though the word lie heavy upon your hearts: The murdered is not unaccountable for his own murder, And the robbed is not blameless in being robbed.
The righteous is not innocent of the deeds of the wicked, And the white-handed is not clean in the doings of the felon. Yea, the guilty is oftentimes the victim of the injured,

And still more often the condemned is the burden bearer for the guiltless and unblamed.
You cannot separate the just from the unjust and the good from the wicked;

For they stand together before the face of the sun even as the black thread and the white are woven together.
And when the black thread breaks, the weaver shall look into the whole cloth, and he shall examine the loom also.

6. I deem it important and relevant to explain here the conceptual basis of the law regarding contempt of court. The power to punish a person for committing contempt of court is primarily a power of the people of this country to punish such person for contemptuous conduct or behavior displayed by him towards the courts created by the people for handling the judicial functions of the State and such power of the people has been entrusted or delegated by the people to the courts through the Constitution. It must never be lost sight of that the ultimate ownership of the Constitution and of the organs and institutions created thereunder as well as of all the powers of such organs and institutions rests with the people of the country who have adopted the Constitution and have thereby created all the organs and institutions established under it. It may be advantageous to reproduce here the relevant words of the Preamble to the Constitution of the Islamic Republic of Pakistan, 1973:

“we, the people of Pakistan ------- Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.”

It is, thus, obvious that a person defying a judicial verdict in fact defies the will of the people at large and the punishment meted out to him for such recalcitrant conduct or behavior is in fact inflicted upon him not by the courts but by the people of the country themselves acting through the courts created and established by them. It may be well to remember that the constitutional balance vis-à-vis trichotomy and separation of powers between the Legislature, the Judiciary and the Executive is very delicately poised and if in a given situation the Executive is bent upon defying a final judicial verdict and is ready to go to any limit in such defiance, including taking the risk of bringing down the constitutional structure itself, then in the final analysis it would be the responsibility of the people themselves to stand up for defending the Constitution and the organs and institutions created and established thereunder and for dealing with the delinquent appropriately. It shall simply be naïve to underestimate the power of the people in matters concerning enforcement of their will. The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten. Going back a little, when told about the Pope’s anger over
the ruthless Stalinist suppression of dissent within Russia Joseph Stalin dismissively made a scornful query “The Pope? How many divisions does he have?" History tells us that the will of the Russian people ultimately prevailed over the Soviet Union’s army of countless divisions. A page from our own recent history reminds us that the Chief Justice of Pakistan did not possess or control any division when he refused to obey the unconstitutional dictates of General Pervez Musharraf, who commanded quite a few divisions, and still emerged victorious with the help of the people. The lesson to be learnt is that if the cause is constitutional and just then the strength and support for the same is received from the people at large who are the ultimate custodians of the Constitution. I am not too sure as to how many divisions would a population of over 180 million make!

7. The respondent is the Chief Executive of our Federation who has openly and brazenly defied the Constitutional and legal mandate regarding compliance of and obedience to this Court’s judgments and orders. The following words of Justice Louis Brandeis of the United States Supreme Court in the case of Olmstead v. United States (227 U.S. 438, 485) seem to be quite apt to a situation like this:

“In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously.Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

The respondent is our elected representative and our Prime Minister and in his conviction lies our collective damnation. This surely calls for serious introspection. I believe that the proposed judgment authored by my learned brother Nasir-ul-Mulk, J. is a step towards the right direction as it kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.

----------------------------

@PakSword @Realistic Change @Shane @Dil Pakistan Must read it again..even if u have read it earlier...

Pity the CHARSI MAWALI NATION

 

[Dil Pakistan]

I dont know if everyone here has read Justice Khosa's note in Yousuf Raza Gilani's case....but everyone MUST read it.. infact if you have even read it earlier.. MUST read it again...its SOOOO relevant today...

-----------------------------------

Asif Saeed Khan Khosa, J.: I have had the privilege of going through the proposed judgment authored by my learned brother Nasir-ul-Mulk, J. and I am in respectful agreement with the same. I would, however, add the following note to the proposed judgment.

2. In the context of the case in hand I am reminded of the following unforgettable words of Khalil Gibran that paint a picture which unfortunately appears quite familiar:

Pity the Nation

Pity the nation that is full of beliefs and empty of religion.

Pity the nation that wears a cloth it does not weave,
eats a bread it does not harvest,
and drinks a wine that flows not from its own wine-press.

Pity the nation that acclaims the bully as hero, and that deems the glittering conqueror bountiful.

Pity the nation that despises a passion in its dream,

Pity the nation that raises not its voice
save when it walks in a funeral,
boasts not except among its ruins,
and will rebel not save when its neck is laid between the sword and the block.

Pity the nation whose statesman is a fox,
whose philosopher is a juggler,
and whose art is the art of patching and mimicking.

Pity the nation that welcomes its new ruler with trumpeting, and farewells him with hooting,
only to welcome another with trumpeting again.

Pity the nation whose sages are dumb with years and whose strong men are yet in the cradle.

Pity the nation divided into fragments, each fragment deeming itself a nation.

3. With an apology to Khalil Gibran, and with reference to the present context, I may add as follows:

Pity the nation that achieves nationhood in the name of a religion but pays little heed to truth, righteousness and accountability which are the essence of every religion.

Pity the nation that proclaims democracy as its polity but restricts it to queuing up for casting of ballots only and discourages democratic values.

Pity the nation that measures honour with success
and respect with authority,
that despises sublime and cherishes mundane,
that treats a criminal as a hero and considers civility as weakness and that deems a sage a fool and venerates the wicked.

Pity the nation that adopts a Constitution
but allows political interests to outweigh constitutional diktat.

Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.

Pity the nation whose servants treat their solemn oaths
as nothing more than a formality before entering upon an office.

Pity the nation that elects a leader as a redeemer
but expects him to bend every law to favour his benefactors.

Pity the nation whose leaders seek martyrdom through disobeying the law than giving sacrifices for the glory of law
and who see no shame in crime.

Pity the nation that is led by those
who laugh at the law
little realizing that the law shall have the last laugh.

Pity the nation that launches a movement for rule of law but cries foul when the law is applied against its bigwig, that reads judicial verdicts through political glasses
and that permits skills of advocacy to be practised
more vigorously outside the courtroom than inside.

Pity the nation that punishes its weak and poor but is shy of bringing its high and mighty to book.

Pity the nation that clamours for equality before law but has selective justice close to its heart.

Pity the nation that thinks from its heart
and not from its head.

Indeed, pity the nation
that does not discern villainy from nobility.

4. I must clarify that I do not want to spread despair or despondency and it may be appreciated that no reform or improvement is possible until the ills or afflictions are identified and addressed. The respondent’s conduct in this case regrettably appears to be symptomatic of a bigger malady which, if allowed to remain
unchecked or uncured, may overwhelm or engulf all of us as a nation and I recall here what Johne Donne had written:

Each man’s death diminishes me, For I am involved in mankind. Therefore, send not to know
For whom the bell tolls,

It tolls for thee.

5. Khalil Gibran had also harped on a somewhat similar theme as under:

On Crime and Punishment

Oftentimes have I heard you speak of one who commits a wrong as though he were not one of you, but a stranger unto you and an intruder upon your world.
But I say that even as the holy and the righteous cannot rise beyond the highest which is in each one of you,

So the wicked and the weak cannot fall lower than the lowest which is in you also.
And as a single leaf turns not yellow but with the silent knowledge of the whole tree,

So the wrong-doer cannot do wrong without the hidden will of you all.
Like a procession you walk together towards your god-self.
You are the way and the wayfarers.

And when one of you falls down he falls for those behind him, a caution against the stumbling stone.
Ay, and he falls for those ahead of him, who though faster and surer of foot, yet removed not the stumbling stone.

And this also, though the word lie heavy upon your hearts: The murdered is not unaccountable for his own murder, And the robbed is not blameless in being robbed.
The righteous is not innocent of the deeds of the wicked, And the white-handed is not clean in the doings of the felon. Yea, the guilty is oftentimes the victim of the injured,

And still more often the condemned is the burden bearer for the guiltless and unblamed.
You cannot separate the just from the unjust and the good from the wicked;

For they stand together before the face of the sun even as the black thread and the white are woven together.
And when the black thread breaks, the weaver shall look into the whole cloth, and he shall examine the loom also.

6. I deem it important and relevant to explain here the conceptual basis of the law regarding contempt of court. The power to punish a person for committing contempt of court is primarily a power of the people of this country to punish such person for contemptuous conduct or behavior displayed by him towards the courts created by the people for handling the judicial functions of the State and such power of the people has been entrusted or delegated by the people to the courts through the Constitution. It must never be lost sight of that the ultimate ownership of the Constitution and of the organs and institutions created thereunder as well as of all the powers of such organs and institutions rests with the people of the country who have adopted the Constitution and have thereby created all the organs and institutions established under it. It may be advantageous to reproduce here the relevant words of the Preamble to the Constitution of the Islamic Republic of Pakistan, 1973:

“we, the people of Pakistan ------- Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.”

It is, thus, obvious that a person defying a judicial verdict in fact defies the will of the people at large and the punishment meted out to him for such recalcitrant conduct or behavior is in fact inflicted upon him not by the courts but by the people of the country themselves acting through the courts created and established by them. It may be well to remember that the constitutional balance vis-à-vis trichotomy and separation of powers between the Legislature, the Judiciary and the Executive is very delicately poised and if in a given situation the Executive is bent upon defying a final judicial verdict and is ready to go to any limit in such defiance, including taking the risk of bringing down the constitutional structure itself, then in the final analysis it would be the responsibility of the people themselves to stand up for defending the Constitution and the organs and institutions created and established thereunder and for dealing with the delinquent appropriately. It shall simply be naïve to underestimate the power of the people in matters concerning enforcement of their will. The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten. Going back a little, when told about the Pope’s anger over
the ruthless Stalinist suppression of dissent within Russia Joseph Stalin dismissively made a scornful query “The Pope? How many divisions does he have?" History tells us that the will of the Russian people ultimately prevailed over the Soviet Union’s army of countless divisions. A page from our own recent history reminds us that the Chief Justice of Pakistan did not possess or control any division when he refused to obey the unconstitutional dictates of General Pervez Musharraf, who commanded quite a few divisions, and still emerged victorious with the help of the people. The lesson to be learnt is that if the cause is constitutional and just then the strength and support for the same is received from the people at large who are the ultimate custodians of the Constitution. I am not too sure as to how many divisions would a population of over 180 million make!

7. The respondent is the Chief Executive of our Federation who has openly and brazenly defied the Constitutional and legal mandate regarding compliance of and obedience to this Court’s judgments and orders. The following words of Justice Louis Brandeis of the United States Supreme Court in the case of Olmstead v. United States (227 U.S. 438, 485) seem to be quite apt to a situation like this:

“In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously.Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

The respondent is our elected representative and our Prime Minister and in his conviction lies our collective damnation. This surely calls for serious introspection. I believe that the proposed judgment authored by my learned brother Nasir-ul-Mulk, J. is a step towards the right direction as it kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.

----------------------------

@PakSword @Realistic Change @Shane @Dil Pakistan Must read it again..even if u have read it earlier...

Thank you @Farah Sohail

I have been reading previous posts from you, @PakSword and @Realistic Change,

I didn't reply intentionally. It was all very deeply painful and depressing.

If this is all true then, meray mooan mein Khaak, Pakistan will face the wrath of ALLAH. It has happened many times in human history.

At one side the young men of this nation are giving their lives everyday to secure this country; on the other side these judges are selling their souls.

LAANAT BESHUMAR

 

[Farah Sohail]

Pity the CHARSI MAWALI NATION

Isnt this verdict...even more relevant ..today?? Bilkol aaj ki situation par perfect hota hai...

 

[PakSword]

Isnt this verdict...even more relevant ..today?? Bilkol aaj ki situation par perfect hota hai...

Situation theek kab huee thee? Liaquat Ali Khan ki shahadat ke baad se aaj tak relevant hai..

 

[Farah Sohail]

Thank you @Farah Sohail

I have been reading previous posts from you, @PakSword and @Realistic Change,

I didn't reply intentionally. It was all very deeply painful and depressing.

If this is all true then, meray mooan mein Khaak, Pakistan will face the wrath of ALLAH. It has happened many times in human history.

At one side the young men of this nation are giving their lives everyday to secure this country; on the other side these judges are selling their souls.

LAANAT BESHUMAR

But..fortunately.... we still have judges like Justice Khosa, Gulzar and panama judges..

Justice Khosa ne pata nahi...mujhe kitni dafa depression se nikaala hai...

Situation theek kab huee thee? Liaquat Ali Khan ki shahadat ke baad se aaj tak relevant hai..

Lekin aaj kal tu kuch ziada hi relevant hia..esp with reference to contempt of court

 

[PakSword]

But..fortunately.... we still have judges like Justice Khosa, Gulzar and panama judges..

Justice Khosa ne pata nahi...mujhe kitni dafa depression se nikaala hai...

Soch raha hun Justice Khosa ke naam se anti depressant tablets market karun..

contempt of court

Contempt of court lagegi.. in shaa Allah zaroor..

Nahi lagi tou meri bala se.. bhaar main jaein saray..

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

Nawaz Shareef ne party ko united rakhnay ke liey Shahbaz ko goli dedi.. aur woh goli main aagaya..

Elections ke qareeb usay pata chalay ga ke uss ke saath uss ke sagay bhai ne haath kardia..

 

[Farah Sohail]

Soch raha hun Justice Khosa ke naam se anti depressant tablets market karun..

Baqion ka tu pata nahi ..lekin mere liye tu waqayi ..aisa hi hai

His verdicts worked like anti depressant for me

 

[PakSword]

Baqion ka tu pata nahi ..lekin mere liye tu waqayi ..aisa hi hai

His verdicts worked like anti depressant for me

Khosa 250mg

 

[Farah Sohail]

Contempt of court lagegi.. in shaa Allah zaroor..

Nahi lagi tou meri bala se.. bhaar main jaein saray..

.

@bold

Khosa 250mg

 

[Shane]

I dont know if everyone here has read Justice Khosa's note in Yousuf Raza Gilani's case....but everyone MUST read it.. infact if you have even read it earlier.. MUST read it again...its SOOOO relevant today...

-----------------------------------

Asif Saeed Khan Khosa, J.: I have had the privilege of going through the proposed judgment authored by my learned brother Nasir-ul-Mulk, J. and I am in respectful agreement with the same. I would, however, add the following note to the proposed judgment.

2. In the context of the case in hand I am reminded of the following unforgettable words of Khalil Gibran that paint a picture which unfortunately appears quite familiar:

Pity the Nation

Pity the nation that is full of beliefs and empty of religion.

Pity the nation that wears a cloth it does not weave,
eats a bread it does not harvest,
and drinks a wine that flows not from its own wine-press.

Pity the nation that acclaims the bully as hero, and that deems the glittering conqueror bountiful.

Pity the nation that despises a passion in its dream,

Pity the nation that raises not its voice
save when it walks in a funeral,
boasts not except among its ruins,
and will rebel not save when its neck is laid between the sword and the block.

Pity the nation whose statesman is a fox,
whose philosopher is a juggler,
and whose art is the art of patching and mimicking.

Pity the nation that welcomes its new ruler with trumpeting, and farewells him with hooting,
only to welcome another with trumpeting again.

Pity the nation whose sages are dumb with years and whose strong men are yet in the cradle.

Pity the nation divided into fragments, each fragment deeming itself a nation.

3. With an apology to Khalil Gibran, and with reference to the present context, I may add as follows:

Pity the nation that achieves nationhood in the name of a religion but pays little heed to truth, righteousness and accountability which are the essence of every religion.

Pity the nation that proclaims democracy as its polity but restricts it to queuing up for casting of ballots only and discourages democratic values.

Pity the nation that measures honour with success
and respect with authority,
that despises sublime and cherishes mundane,
that treats a criminal as a hero and considers civility as weakness and that deems a sage a fool and venerates the wicked.

Pity the nation that adopts a Constitution
but allows political interests to outweigh constitutional diktat.

Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.

Pity the nation whose servants treat their solemn oaths
as nothing more than a formality before entering upon an office.

Pity the nation that elects a leader as a redeemer
but expects him to bend every law to favour his benefactors.

Pity the nation whose leaders seek martyrdom through disobeying the law than giving sacrifices for the glory of law
and who see no shame in crime.

Pity the nation that is led by those
who laugh at the law
little realizing that the law shall have the last laugh.

Pity the nation that launches a movement for rule of law but cries foul when the law is applied against its bigwig, that reads judicial verdicts through political glasses
and that permits skills of advocacy to be practised
more vigorously outside the courtroom than inside.

Pity the nation that punishes its weak and poor but is shy of bringing its high and mighty to book.

Pity the nation that clamours for equality before law but has selective justice close to its heart.

Pity the nation that thinks from its heart
and not from its head.

Indeed, pity the nation
that does not discern villainy from nobility.

4. I must clarify that I do not want to spread despair or despondency and it may be appreciated that no reform or improvement is possible until the ills or afflictions are identified and addressed. The respondent’s conduct in this case regrettably appears to be symptomatic of a bigger malady which, if allowed to remain
unchecked or uncured, may overwhelm or engulf all of us as a nation and I recall here what Johne Donne had written:

Each man’s death diminishes me, For I am involved in mankind. Therefore, send not to know
For whom the bell tolls,

It tolls for thee.

5. Khalil Gibran had also harped on a somewhat similar theme as under:

On Crime and Punishment

Oftentimes have I heard you speak of one who commits a wrong as though he were not one of you, but a stranger unto you and an intruder upon your world.
But I say that even as the holy and the righteous cannot rise beyond the highest which is in each one of you,

So the wicked and the weak cannot fall lower than the lowest which is in you also.
And as a single leaf turns not yellow but with the silent knowledge of the whole tree,

So the wrong-doer cannot do wrong without the hidden will of you all.
Like a procession you walk together towards your god-self.
You are the way and the wayfarers.

And when one of you falls down he falls for those behind him, a caution against the stumbling stone.
Ay, and he falls for those ahead of him, who though faster and surer of foot, yet removed not the stumbling stone.

And this also, though the word lie heavy upon your hearts: The murdered is not unaccountable for his own murder, And the robbed is not blameless in being robbed.
The righteous is not innocent of the deeds of the wicked, And the white-handed is not clean in the doings of the felon. Yea, the guilty is oftentimes the victim of the injured,

And still more often the condemned is the burden bearer for the guiltless and unblamed.
You cannot separate the just from the unjust and the good from the wicked;

For they stand together before the face of the sun even as the black thread and the white are woven together.
And when the black thread breaks, the weaver shall look into the whole cloth, and he shall examine the loom also.

6. I deem it important and relevant to explain here the conceptual basis of the law regarding contempt of court. The power to punish a person for committing contempt of court is primarily a power of the people of this country to punish such person for contemptuous conduct or behavior displayed by him towards the courts created by the people for handling the judicial functions of the State and such power of the people has been entrusted or delegated by the people to the courts through the Constitution. It must never be lost sight of that the ultimate ownership of the Constitution and of the organs and institutions created thereunder as well as of all the powers of such organs and institutions rests with the people of the country who have adopted the Constitution and have thereby created all the organs and institutions established under it. It may be advantageous to reproduce here the relevant words of the Preamble to the Constitution of the Islamic Republic of Pakistan, 1973:

“we, the people of Pakistan ------- Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.”

It is, thus, obvious that a person defying a judicial verdict in fact defies the will of the people at large and the punishment meted out to him for such recalcitrant conduct or behavior is in fact inflicted upon him not by the courts but by the people of the country themselves acting through the courts created and established by them. It may be well to remember that the constitutional balance vis-à-vis trichotomy and separation of powers between the Legislature, the Judiciary and the Executive is very delicately poised and if in a given situation the Executive is bent upon defying a final judicial verdict and is ready to go to any limit in such defiance, including taking the risk of bringing down the constitutional structure itself, then in the final analysis it would be the responsibility of the people themselves to stand up for defending the Constitution and the organs and institutions created and established thereunder and for dealing with the delinquent appropriately. It shall simply be naïve to underestimate the power of the people in matters concerning enforcement of their will. The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten. Going back a little, when told about the Pope’s anger over
the ruthless Stalinist suppression of dissent within Russia Joseph Stalin dismissively made a scornful query “The Pope? How many divisions does he have?" History tells us that the will of the Russian people ultimately prevailed over the Soviet Union’s army of countless divisions. A page from our own recent history reminds us that the Chief Justice of Pakistan did not possess or control any division when he refused to obey the unconstitutional dictates of General Pervez Musharraf, who commanded quite a few divisions, and still emerged victorious with the help of the people. The lesson to be learnt is that if the cause is constitutional and just then the strength and support for the same is received from the people at large who are the ultimate custodians of the Constitution. I am not too sure as to how many divisions would a population of over 180 million make!

7. The respondent is the Chief Executive of our Federation who has openly and brazenly defied the Constitutional and legal mandate regarding compliance of and obedience to this Court’s judgments and orders. The following words of Justice Louis Brandeis of the United States Supreme Court in the case of Olmstead v. United States (227 U.S. 438, 485) seem to be quite apt to a situation like this:

“In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously.Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

The respondent is our elected representative and our Prime Minister and in his conviction lies our collective damnation. This surely calls for serious introspection. I believe that the proposed judgment authored by my learned brother Nasir-ul-Mulk, J. is a step towards the right direction as it kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.

----------------------------

@PakSword @Realistic Change @Shane @Dil Pakistan Must read it again..even if u have read it earlier...

Honourable Justice Khosa is no less than a legend in his own right. We are indeed honoured to be amongst those of us in our nation who admire his courage and stand for Justice.
The rest of the lot deserves their leaders and fallout.

 

[Realistic Change]

So couple of things that transpired in last 24-48 hours:

1. Shahbaz half heartedly so called nominated as 2018 PM Candidate for PMLN
- He is used as a bandaid solution - in Jati Umra on the head of the table were Nawaz & Maryam and Shahbaz on right side (you get the idea) basically nominated to stop the exodus of PMLN MNAs from the party (refer to Ayaz Sadiq's previous comments and NAB’s ghunda gardi). As per info this decision will be reversed like the one of July 28th, 2017 where he was to be nominated as PM instead of Shahid Khaqan, aftter the senate elections (yes, you guessed it right, thats one of the reasons) or before, in case of dissolution of assemblies.
- Guess why Kirmani, Mushahidullah, Parvez Rasheed, Zaeem Qadri and even Nawaz did not officially disclose the name of Shahbaz it was through Shami types of soul sold ones!
- Cut Nisar to size by breaking the partnership of Shahbaz Nisar, but giving an impression that Nawaz is with Shahbaz
- Unleash Kh Saad (Moderate), Danyal (hounding - see below), Shahid Khaqan (Neutral), Ahsan (Nawaz)
- And list goes on and on.....it will become boring if I list all

2. Nawaz launching Tehreek Nifaz e Adl
- Shahbaz is of totally opposite view of Nawaz's, as he wants to have middle ground so PMLN can get some piece of power share. Nawaz's issue is; he is out, and he can't sit outside - if, Shahbaz ever really becomes PM or even leader of the opposition in NA - Nawaz including his tubber will be lost in obscurity forever and ever.

3. Ishaq weighing coming back
- Positive signal from those who managed the Hudaibiya bench (yesterdays info), however, things are still topsy turvy and mixed reports that he will still prefer to send his bedridden pic once again as an excuse for his absence (today’s info).

4. Review petitions & petitions to be filed again by PMLN
- PMLN Lawyers are again going to hit goldmine

5. Accountability Monitoring Judge
- He has shown his displeasure at a pvt get together at Islamabad club, over how things are being run by Basheer and if we go with the grapevine - it seemed that its more of a Basheera in Trouble type of situation however......(refer to 6)

6. Could there be there more Pro Tehreek e Nifaz e Adl members in 15?
- Tweety bird says keep an eye on Justice Sardar Tariq Masood & Justice Manzoor Ahmad Malik - in case they sit on any new bench/es.

(Paisa paani ki tarah bahaya ja raha hai ......Haroon Rasheed's info in this is absolutely right - at least that's what my info was - so my belief gets another validation)

7. Protests with upped ante
- If everything goes as it's going re joint protest then Dec 28th, will decide if, assemblies see the light of March or it gets marched out well before March.

8. NAB activates its targeted blackmailing
- NAB is now new Rana Maqbool and Chairman NAB new Abid Boxer

That's a quick blurb from my side - I will be out of action and will chime in after a pause from UK's point of view in the next few days.

@Farah Sohail @PakSword @El_Swordsmen @The Accountant @mosu @Peregrine_Falcon @Radd-ul-Fasaad

Just in case some of you are interested in this

 

[fatman17]

So much for the touted economic miracle of pmln

 

[Shane]

I would have to agree that this is a good point indeed but i was of the pov at the time of Irfan Mangi's bashing by QFI that may be he did slipup to provide an excuse for QFI to do his chitrol but still i agree that the way that chitrol was done is a cause for concern.

The detailed judgment on this reopening case will indeed be a test and the fate of legal battles to come.

@Farah Sohail I postd a while ago that I so hope that more of the SCP judges get to hear cases/appeals related to MNS and co that we may know who is who by the time the Panama references appeals get to SCP.

Whatever happens in Hudaibya, even if it is dismissed on technical grounds - for which the possibility is still minute thanks to Justice Khosa - still, the worries for Shahbaz Sharif should not end there due to his partnership in crimes of the elder brother over three dacades of rule.

Corruption allegations like the Multan Metro debacle raised by SECP's equivalent in China, should be investigated and raised as a seperate case by NAB. Even if NAB does not then it should be made part of a campaign to raise this issue by PTI and JI and Shaikh Rasheed so that NAB is ordered to investigate this Multan Metro Corruption Case.

I don't know why Sheikh Rasheed goes soft on Shahbaz Sharif and Ch.Nisar group but if MSS survives somehow then so will MNS legacy linger on.

With a view to Supreme Courts drive against corruption in coming years; these corruption cases have a very good chance to be taken up by SCP with Chiefs who are as strong as Ch.Iftikhar but not as compromised or tilted in favour of Sharifs and have a strong commitment to root out corruption.

@Farah Sohail the part in red is becoming clearer even more thanks to @Realistic Change

The part in blue...indeed as you feared, QFI is bold enough to go against Justice Khosa's findings.

You'll know the reason soon....very soon

Edit: Actually if you read my few older posts - there’s clear reference to the reason/s for this and beyond.

@Realistic Change your reply about the part in orange has been averted by Nawaz for now.

@Farah Sohail I still believe that the underlined part is the light at the end of the tunnel even beyond Panama Cases.

 

[Realistic Change]

@Farah Sohail the part in red is becoming clearer even more thanks to @Realistic Change

The part in blue...indeed as you feared, QFI is bold enough to go against Justice Khosa's findings.



@Realistic Change your reply about the part in orange has been averted by Nawaz for now.

@Farah Sohail I still believe that the underlined part is the light at the end of the tunnel even beyond Panama Cases.

I won’t really say it’s averted - it’s still as per initial assessment - typical electable will not leave until and unless Govt (in this case - of PMLN) gets out. Too much financial stake for any MNA / MPA to leave treasury benches before maal e ghaneemat is doled out - this (assumption) is based on my first hand (family members and friends) experience in last several Govts.

 

[Shane]

I won’t really say it’s averted - it’s still as per initial assessment - typical electable will not leave until and unless Govt (in this case - of PMLN) gets out. Too much financial stake for any MNA / MPA to leave treasury benches before maal e ghaneemat is doled out - this (assumption) is based on my first hand (family members and friends) experience in last several Govts.

Depending on the success or failure of manipulating the system, the question is about how high the stakes remain and how far the corrupt are willing to go in order to tilt the results of next elections - call it a gut feeling - but remember the wave that got Zardari into power.