What is going on in the Pakistan Supreme Court?

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What is going on in the Pakistan Supreme Court?​

By
Justice Markandey Katju
-
April 1, 2023
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I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can’t make head or tail of what is going on in the Pakistan Supreme Court.
The hearing of the petition against postponement of elections of the Punjab and KP Assemblies is going on for the last 4 days, and twice the bench hearing the case has been dissolved. The CJP Bandial has said there are no differences among the judges, a statement belied by the orders of his own colleagues, two of whom recused from the hearing..
I simply can’t understand what is there for the Pakistan Supreme Court to decide ? The Pakistan Constitution says elections must be held within 90 days of dissolution of the Assembly. The Punjab and KP Assemblies had been dissolved on 18th January. Hence elections had to be held by 18th April, and so even the postponement of the elections to 30th April by the Election Commission of Pakistan was unconstitutional. How could they be further postponed to 8th October ? Is the ECP above the Pakistan Constitution ?
I regret to say that the Pakistan Constitution is treated as a joke by the powers that be in Pakistan. For instance, whenever martial law was illegally imposed in Pakistan the Pakistan Supreme Court validated it by inventing an egregious, flagitious and disreputable ‘doctrine of necessity’, which is unknown to jurisprudence throughout the world.
The performance of the present bench of the Court is equally debasing and scandalous. The Court should have dismissed the petition, as I would have done had I been on it, in 5 minutes by saying that elections must be held within 90 days of the dissolution of the Punjab and KP Assemblies. There was no scope for arguments about it. But instead a melodrama and comedy has been going on in the Court for the last 4 days, with lawyers, particularly those supporting the postponement of the elections, being permitted long winded arguments over a matter which really needed no arguments.
I would often tell lawyers in my Court ‘‘ Be brief, be quick, and be off ”. The same should have been said by the Judges hearing the case.
It seems evident that some elements in Pakistan are determined that no early elections be held in Punjab and KP, but what is particularly distressing is that the highest court in the land is, wittingly or unwittingly, collaborating in this egregious and deplorable design.


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Previous articlePostponing elections in Punjab

Justice Markandey Katju
Markandey Katju is an Indian jurist and former Supreme Court judge of India who served as chairman for the Press Council of India. He has also worked as Standing Counsel for the Income Tax Department.

​

 

[HAIDER]

 

[imadul]

Bench going into weeds...
get 20 billion from there. Calling for finance and defense secretaries.
They are judges not financial or administrative officers. Their duty is to give judicial order and rest.

 

[Riz]

https://twitter.com/x/status/1642808520830533632

کیا الیکشن کمیشن کو لڑاکا سپاہی چاہیں ؟ سپریم کورٹ نے سیکٹری دفاع کو لتاڑ کر رکھ دیا

 

[AA_]

https://twitter.com/x/status/1642808520830533632

کیا الیکشن کمیشن کو لڑاکا سپاہی چاہیں ؟ سپریم کورٹ نے سیکٹری دفاع کو لتاڑ کر رکھ دیا

The Army is “busy” because there will be mass rigging and the army doesn’t want to provide cover for that. They’d prefer to mass rig through proxies so no blood gets on their hands.

 

[Jango]

The proceedings today completely exposed the govt position.

Not a single argument on the merits of the case. Ayen bayen shayen, 4-3, 3-2, full court, suo motu, Faez Isa, basically the ECP and govt laywers talked about everything except why elections should be extended past 90 days, other than a flimsy argument of tradition and money.

Even ECP's own laywer, Irfan Qadir being one of them, were saying different things.

 

[Skimming]

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What is going on in the Pakistan Supreme Court?​

By
Justice Markandey Katju
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April 1, 2023
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I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can’t make head or tail of what is going on in the Pakistan Supreme Court.
The hearing of the petition against postponement of elections of the Punjab and KP Assemblies is going on for the last 4 days, and twice the bench hearing the case has been dissolved. The CJP Bandial has said there are no differences among the judges, a statement belied by the orders of his own colleagues, two of whom recused from the hearing..
I simply can’t understand what is there for the Pakistan Supreme Court to decide ? The Pakistan Constitution says elections must be held within 90 days of dissolution of the Assembly. The Punjab and KP Assemblies had been dissolved on 18th January. Hence elections had to be held by 18th April, and so even the postponement of the elections to 30th April by the Election Commission of Pakistan was unconstitutional. How could they be further postponed to 8th October ? Is the ECP above the Pakistan Constitution ?
I regret to say that the Pakistan Constitution is treated as a joke by the powers that be in Pakistan. For instance, whenever martial law was illegally imposed in Pakistan the Pakistan Supreme Court validated it by inventing an egregious, flagitious and disreputable ‘doctrine of necessity’, which is unknown to jurisprudence throughout the world.
The performance of the present bench of the Court is equally debasing and scandalous. The Court should have dismissed the petition, as I would have done had I been on it, in 5 minutes by saying that elections must be held within 90 days of the dissolution of the Punjab and KP Assemblies. There was no scope for arguments about it. But instead a melodrama and comedy has been going on in the Court for the last 4 days, with lawyers, particularly those supporting the postponement of the elections, being permitted long winded arguments over a matter which really needed no arguments.
I would often tell lawyers in my Court ‘‘ Be brief, be quick, and be off ”. The same should have been said by the Judges hearing the case.
It seems evident that some elements in Pakistan are determined that no early elections be held in Punjab and KP, but what is particularly distressing is that the highest court in the land is, wittingly or unwittingly, collaborating in this egregious and deplorable design.


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Previous articlePostponing elections in Punjab

Justice Markandey Katju
Markandey Katju is an Indian jurist and former Supreme Court judge of India who served as chairman for the Press Council of India. He has also worked as Standing Counsel for the Income Tax Department.

​

 

[VCheng]

The proceedings today completely exposed the govt position.

Not a single argument on the merits of the case. Ayen bayen shayen, 4-3, 3-2, full court, suo motu, Faez Isa, basically the ECP and govt laywers talked about everything except why elections should be extended past 90 days, other than a flimsy argument of tradition and money.

Even ECP's own laywer, Irfan Qadir being one of them, were saying different things.

This seems more like a fish market than a supreme court.

 

[fisher1]

This seems more like a fish market than a supreme court.

Always has been. Same Supreme Court had the audacity to label a known liar as sadiq and ameen

 

[VCheng]

Always has been. Same Supreme Court had the audacity to label a known liar as sadiq and ameen

Yes, the stench of a fish market is always there, isn't it.

 

[fisher1]

Yes, the stench of a fish market is always there, isn't it.

Why are you so interested in politics of Pakistan and on this forum? You live in the economic superpower and live the American dream, why do you dwell in this misery and negative forum?

In fact seems like majority of this forum audience is expats who have abandoned their country.

Don’t you have American forums and politics to discuss?

 

[Riz]

faiz isa is a corrupt chutiaa noon league bhosdi ka, he should be kicked from the court as soon as possible

 

[ziaulislam]

Home Guest Blogging

• Guest Blogging

What is going on in the Pakistan Supreme Court?​

By
Justice Markandey Katju
-
April 1, 2023
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I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can’t make head or tail of what is going on in the Pakistan Supreme Court.
The hearing of the petition against postponement of elections of the Punjab and KP Assemblies is going on for the last 4 days, and twice the bench hearing the case has been dissolved. The CJP Bandial has said there are no differences among the judges, a statement belied by the orders of his own colleagues, two of whom recused from the hearing..
I simply can’t understand what is there for the Pakistan Supreme Court to decide ? The Pakistan Constitution says elections must be held within 90 days of dissolution of the Assembly. The Punjab and KP Assemblies had been dissolved on 18th January. Hence elections had to be held by 18th April, and so even the postponement of the elections to 30th April by the Election Commission of Pakistan was unconstitutional. How could they be further postponed to 8th October ? Is the ECP above the Pakistan Constitution ?
I regret to say that the Pakistan Constitution is treated as a joke by the powers that be in Pakistan. For instance, whenever martial law was illegally imposed in Pakistan the Pakistan Supreme Court validated it by inventing an egregious, flagitious and disreputable ‘doctrine of necessity’, which is unknown to jurisprudence throughout the world.
The performance of the present bench of the Court is equally debasing and scandalous. The Court should have dismissed the petition, as I would have done had I been on it, in 5 minutes by saying that elections must be held within 90 days of the dissolution of the Punjab and KP Assemblies. There was no scope for arguments about it. But instead a melodrama and comedy has been going on in the Court for the last 4 days, with lawyers, particularly those supporting the postponement of the elections, being permitted long winded arguments over a matter which really needed no arguments.
I would often tell lawyers in my Court ‘‘ Be brief, be quick, and be off ”. The same should have been said by the Judges hearing the case.
It seems evident that some elements in Pakistan are determined that no early elections be held in Punjab and KP, but what is particularly distressing is that the highest court in the land is, wittingly or unwittingly, collaborating in this egregious and deplorable design.


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Previous articlePostponing elections in Punjab

Justice Markandey Katju
Markandey Katju is an Indian jurist and former Supreme Court judge of India who served as chairman for the Press Council of India. He has also worked as Standing Counsel for the Income Tax Department.

​

 

[VCheng]

Why are you so interested in politics of Pakistan and on this forum? You live in the economic superpower and live the American dream, why do you dwell in this misery and negative forum?

I do not dwell on anything, I am a mere observer of events in an area of the world that remains a concern for the civilized world, and I have a perspective based upon my knowledge set that many find useful. That is all.

Case in point, the stench I referred to above is really the putrefied remains of the Doctrine of Necessity, which no other supreme court in the world could ever dream up, except in Pakistan. What a country!

 

[fisher1]

I do not dwell on anything, I am a mere observer of events in an area of the world that remains a concern for the civilized world, and I have a perspective based upon my knowledge set that many find useful. That is all.

Case in point, the stench I referred to above is really the putrefied remains of the Doctrine of Necessity, which no other supreme court in the world could ever dream up, except in Pakistan. What a country!

Except it’s the same crap in every poor corrupt country. There’s nothing unique to Pakistan. The only good thing about Pakistan is Islam, if it was a non-Muslim country, it would’ve collapsed like Sri Lanka ages ago.

Sorry to burst your bubble but 99% of this forums user base is paid by pti social media team, I was literally banned last month because I said “IK who is a criminal wanted by court“and the admin banned me because he couldn’t tolerate a different opinion than “burn Pakistan, either IK will rule the country or Pakistan will stop existing”. This forum most likely was created to do propaganda bidding of PTI.

Nobody cares about your perspective, if it goes against PTI you know what happens. I know you’re not paid because your opinions are too normal so I don’t know what you’re doing here when you’re not earning money off it.

As for me, I don’t have anything to do atm. Thought I would check this forum and see if Ramadan had any effect on the peeps here, nop Maryam Nawaz is still being unclothed shamelessly here and encouraged to do so by administration. I am going to enrage a few PTI supporters by speaking like a normal person against the chaos PTI is perpetrating in the country to get to power and then log off.

Maybe I am wrong and you’re getting paid which would be a shame. Because I can see PTI hires from a mile away so if I failed with you must mean they’re getting better at propahanda

 

[Dalit]

All of us had already predicted a massive delay in elections based on bogus reasons. The elections are not even guaranteed in October and I think they will be delayed again.

Now PDM and the generals are openly undermining the judiciary. Any person will be at the receiving end of PDM and the generals if and when they don't tow their line. The precedent that the generals and PDM are setting here is extremely dangerous.