Special bench orders putting off all Supreme Court suo motu cases

[Riz]

Supreme court has delayed the elections for three years in 2000, the precedent is there.

its was a dictator era , just like now khanzeer hafiz and co running the show but behind the scene

 

[imadul]

I have heard that CJP is planning to resign.

I am happy with what's happening to Justice Bandial and Justice Ahsan. Both were part of the bench that interfered in Parliament's affairs last year and installed snakes. You give water to a snake, it won't stop it from biting you.

Happy with what's happening.. Nazaria zaroorat ko allow kia tha uss time.. They asked EC to tell the bench whether it is ready to conduct the elections. EC said no that time and they gave the verdict in favor of crooks. They didn't even ask the a$$holes sitting in EC that they had only one task.. to conduct free and fair elections whenever required..

Why are they questioning EC when last year they allowed EC to give them a reason to not hold elections? Why didn't they rule that time that SC couldn't challenge parliament's ruling?

Sahi ho raha hai dono judges ke saath Zaleel hokay niklain I don't care. Nizaam tou waisay hi nanga hai

CJ resignation will bring total partisanship in judiciary.
It will be a disastrous decision like IK resigning from NA.

 

[imadul]

War has intensified.
IK despite some impulsive steps, biggest being resigning from NA, is fighting an army of despots comprising of Criminal Military Inc, facilitators in PDM, and Judiciary. We see with open mouth how deep ISI has penetrated in higher and lower Judiciary, industry, and in political and tribal affairs in Baluchistan. Baluchistan representatives are in total ISI control and make moves at critical moments.
It is between one man IK who is standing and rest of the stanic powers who have raped Pakistan with impunity.
Success of IK lies in his resilience.
War is massively disproportionate.
May the power of Allah, His Malaika, and the messengers be with him.

 

[Olympus81]

I still think IK did the right thing resigning from assemblies.

Over time the boomers will hit the grave the Gen X, Y, millennials will form the majority of the adult population. Demographically speaking the PDM are already dying a slow death.

The trick is to keep knocking sense into the young population that the country needs rule of law. Meaning from Chief Chaprasi Grade 22 officer se le kar Politicians, all are answerable to the rule of law.

 

[Strigon]

War has intensified.
IK despite some impulsive steps, biggest being resigning from NA, is fighting an army of despots comprising of Criminal Military Inc, facilitators in PDM, and Judiciary. We see with open mouth how deep ISI has penetrated in higher and lower Judiciary, industry, and in political and tribal affairs in Baluchistan. Baluchistan representatives are in total ISI control and make moves at critical moments.
It is between one man IK who is standing and rest of the stanic powers who have raped Pakistan with impunity.
Success of IK lies in his resilience.
War is massively disproportionate.
May the power of Allah, His Malaika, and the messengers be with him.

IK is but a spark. He by himself can't do much as has been evident thus far especially given every single govt and non-govt agency against him and his party.

It's high time that the people of Pakistan that bad mouth Israelis every day learn something from them and protest for their rights. Else they can shut up and enjoy watching their grandkids endure slavery.

 

[Jango]

Where does in existing laws CJP has the power to constitute a special bench??
He has not citing the bill pending in Parliament, he cited SC Rules 1980.

Aur yeh Faiz Esa ko ab yeh yad aya hai after 14 months? 2 saal pehle Faez Isa sahab suo motu kay fazayel bata rahay thay.

Right when there is so much going on with the SC and the CJP in particular?

Aur aap ki hakoomat ko bhi saal bad yad aya hai keh Faiz Esa kay khilaf reference fake hai to usay withdraw kar lain?

Supreme court has delayed the elections for three years in 2000, the precedent is there.

The fact that you have to cite an instance from a dictatorial era says it all.

 

[Bilal.]

All these 50+ generation needs to be forefully retired from every post of every institution.

This is the most messed up generation in power right now. I always dreaded what will happen when they take top positions. Turns out, worse than I thought.

 

[NooriNuth]

What a joke this supreme court is.
I miss pervez musharraf. He foresaw all this and wanted to limit power of Cheif justice.

 

[Asimzranger]

What a joke this supreme court is.
I miss pervez musharraf. He foresaw all this and wanted to limit power of Cheif justice.

If only he stood his ground and didn't gave them nro

 

[AA_]

Saw this on IG

 

[Jango]

Saw this on IG

Haan bas lag pata gaya hai phir Supreme Court ko yeh kehne kay bad.

But I fully agree, how can the Army refuse to do something?

 

[imadul]

IK is but a spark. He by himself can't do much as has been evident thus far especially given every single govt and non-govt agency against him and his party.

It's high time that the people of Pakistan that bad mouth Israelis every day learn something from them and protest for their rights. Else they can shut up and enjoy watching their grandkids endure slavery.

...
Yes, people has come out and have faces brutalities.
But yes, masses should come out.
Students play big role. Young ppl have energy and courage.
Demonstrations in the garrison city of pindi will have a big symbolic impact.

 

[HerbertPervert]

They can claim whatever they want but The Supreme Court, and not the legislature, is the final authority when it comes to 'interpretation of the Constitution' ... If law of the land is followed, such a bill/law that reverses SC larger bench interpretation of a constitutional clause would be instantly struck down.

The Indian Supreme Court, for example, has more than once struck down even constitutional amendments (forget about a bill/law) on the grounds that they contradicted with the basic structure of the constitution .. We are far behind ..

Regarding this topic, what do you think would happen if Imran Khan held a public referendum to change Pakistan into a presidential government?

I've heard someone say it could be struck down because it's unconstitutional? If so, what are the procedures, if any, to abrogate and nullify the constitution in order to draft a new one? Will the Supreme Court act against public will & mandate in these scenarios?

Not in PMLN's control, rather in their handlers' control, who can compel them to open court at midnight.

There are judges in PMLN control, probably hand-picked batches to ensure for the next few years, that PMLN members will never be convicted. Sindh has the same setup for PPP, that's why you'd find it's members in hospitals rather than jails. The only time this system does not benefit them is when establishment pressures these judges.

Imran doesn't understand that in Pakistan, there's no such thing as independent & unbiased judiciary, media, or bureacrats. They are either on someone's payroll, or they have soft spot for someone, or their life is under threat by that someone.

This is why I would strongly advise Imran to retire all boomer judges, police, bureacrats. You cannot have Naya Pakistan with faces from Purana Pakistan.

 

[M. Sarmad]

Regarding this topic, what do you think would happen if Imran Khan held a public referendum to change Pakistan into a presidential government?

I've heard someone say it could be struck down because it's unconstitutional? If so, what are the procedures, if any, to abrogate and nullify the constitution in order to draft a new one? Will the Supreme Court act against public will & mandate in these scenarios?

After the 18th amendment, a PM can not hold a public referendum without obtaining approval from the Parliament (joint sitting of NA and Senate) first

As per the Supreme Court of Pakistan, parliamentary system of government is one of the four pillars of the constitution (other 3 being Islam, Federation and Democracy) So, the SC will most probably strike down any such amendment that tries to change the basic structure of the constitution by replacing the parliamentary system with a presidential one. The SC has number of times interpreted constitutional clauses based on pre-amendment understanding of the text.

However, unlike the previous constitutions, there is nothing in the 1973 constitution itself which tells us that it cannot be amended or even scraped if two-thirds of the membership of both houses vote for it. But scraping the current constitution and enacting a new one in its place (through a new constituent assembly) that would be acceptable to all Federation units seems next to impossible. And that's another reason the SC will not let that happen

 

[Ssan]

After the 18th amendment, a PM can not hold a public referendum without obtaining approval from the Parliament (joint sitting of NA and Senate) first

As per the Supreme Court of Pakistan, parliamentary system of government is one of the four pillars of the constitution (other 3 being Islam, Federation and Democracy) So, the SC will most probably strike down any such amendment that tries to change the basic structure of the constitution by replacing the parliamentary system with a presidential one. The SC has number of times interpreted constitutional clauses based on pre-amendment understanding of the text.

However, unlike the previous constitutions, there is nothing in the 1973 constitution itself which tells us that it cannot be amended or even scraped if two-thirds of the membership of both houses vote for it. But scraping the current constitution and enacting a new one in its place (through a new constituent assembly) that would be acceptable to all Federation units seems next to impossible. And that's another reason the SC will not let that happen

Tbh, that our constitution in its basic structure is parliamentary is suspect to start out with. That it cannot be amended to become a presidential system is likewise suspect.

Other countries, like say Turkey, have changed their constitutions to go from parliamentary system to a presidential one.

For Pakistan, we probably could move to a presidential system if we can pass the amendment with 2/3rds majority. Unless you have some ideological person sitting in the bench, it will be hard to justify blocking that.

Regarding this topic, what do you think would happen if Imran Khan held a public referendum to change Pakistan into a presidential government?

I've heard someone say it could be struck down because it's unconstitutional? If so, what are the procedures, if any, to abrogate and nullify the constitution in order to draft a new one? Will the Supreme Court act against public will & mandate in these scenarios?

There are judges in PMLN control, probably hand-picked batches to ensure for the next few years, that PMLN members will never be convicted. Sindh has the same setup for PPP, that's why you'd find it's members in hospitals rather than jails. The only time this system does not benefit them is when establishment pressures these judges.

Imran doesn't understand that in Pakistan, there's no such thing as independent & unbiased judiciary, media, or bureacrats. They are either on someone's payroll, or they have soft spot for someone, or their life is under threat by that someone.

This is why I would strongly advise Imran to retire all boomer judges, police, bureacrats. You cannot have Naya Pakistan with faces from Purana Pakistan.

I think we have lack of clarity on whether a referendum is a pathway to amending the constitution. I don’t know which article explicitly lays this out. It can be used to pass laws sure, but amending the constitution is unclear. After 18th amendment, it almost doesn’t make sense to use referendum to amend laws because you might as well just use the parliament if you have to get a majority in parliament to hold he referendum in he first place.