SC bench refers Nawaz disqualification case to Chief Justice
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ISLAMABAD: A three-member bench of the Supreme Court on Monday left the decision on whether or not to continue with Prime Minister Nawaz Sharif's disqualification case on the Chief Justice of Pakistan (CJP).
The apex court bench, which heard three identical petitions seeking the premier's disqualification at the Supreme Court's Quetta registry, observed that the chief justice had the constitutional mandate to make a decision on the disqualification case.
In an order released today, the bench, headed by Justice Jawwad S. Khawaja, said petitions seeking the premier's disqualification had raised important constitutional questions over which the court's verdict was necessary.
It further said that the interpretation of Articles 62 and 63 of the Constitution was essential, adding that it was also important to figure out whether or not Prime Minister Nawaz defamed the country's armed forces and if the premier qualified the said provisions of the Constitution.
Also read: Lawyer to seek review of order about PM’s disqualification case hearing in Quetta
The order recommended the apex court to appoint senior lawyers Raza Rabbani, Hamid Khan and Khawaja Haris as assistants and requested that all the petitions questioning the legality of the parliamentarians' membership be clubbed together.
"A judgement regarding Article 62, 63 has to come," the bench's order said. Justice Khawaja remarked that a judgment about the aforementioned provisions was important with regard to local bodies elections as well.
The bench further said that it did not agree with the decision of the Lahore High Court (LHC) that dismissed a petition seeking the premier's disqualification, adding that it had raised some important questions on which the country's future depended.
The bench requested the chief justice to form another bench in this regard and also announce a date for hearing.
More on this: Constitution doesn’t define ‘Sadiq’, ‘Ameen’, observes SC judge
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Comments (61) Closed
Nov 10, 2014 03:06pm
Nothing would happen!!
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Nov 10, 2014 03:09pm
We have a precedent where Allahabad Court diaqualified Mrs.Indira Gandhi. The prosecutors can refer para materia for their case.
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Nov 10, 2014 03:19pm
He has never been 'Sadiq and Amin' and blatantly proved so lying in National Assembly.
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Nov 10, 2014 03:25pm
Together with the PM, the entire team of members of the Provincial and Federal Assemblies elected in the 2013 election should be thoroughly screened through the Articles 62 & 63 under the legally due process. Those lacking even on the slightest account, should be disqualified and made ineligible to contest as a punishment (like in EBDO), at least for the next 10 years.
People have already suffered enough and there must be an end to the making of rules and playing with them for selfish reasons.
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Nov 10, 2014 03:35pm
The bench further said that it did not agree with the decision of the Lahore High Court (LHC) that dismissed a petition seeking the premier's disqualification, adding that it had raised some important questions on which the country's future depended.
this expalins it all!
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Nov 10, 2014 03:36pm
Is there any proof required further more to testify Nawaz Sharif? Clearly he told a lie and proven on next day. Simply declare him the king and dismiss the case. Punish the justice seekers.
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Nov 10, 2014 03:36pm
I doubt if something will happen
We all know how good Shareef's are in influencing judges, courts, police
Lets see..
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Nov 10, 2014 03:45pm
The bench further said that it did not agree with the decision of the Lahore High Court (LHC) that dismissed a petition seeking the premier's disqualification, adding that it had raised some important questions on which the country's future depended.
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Nov 10, 2014 03:51pm
The country is in a very bad situation. The system has failed. To correct it, everyone must play its role, including the SC and media. The SC must set an example, and disqualify the people involved. That will be a lesson for others.
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Nov 10, 2014 04:02pm
This is interesting. Lets hope for the best. This is the time to implement the articles of the constitution dealing with fundamental rights and honest practices for the members of the parliament.
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Nov 10, 2014 04:04pm
Is there anyone Sadiq and Amin in Pakistan? It is a question of interpretation. Much better to disqualify those who have broken the law - that is a much more quantitative way of applying law.
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Nov 10, 2014 04:11pm
What is worng with Pakistani judiocial system. How many corruption cases and misuse of power & constitution against politicians have come to any conclusion? None!. For a democratic Pakistan ( if their is one ) it is VITAL that free and fair decisions are made in respect of all politicians who are runing the country. Pakistan judicial system is a laughing stock all around the world. It seems that judiciary only comes with outcomes in case of poor people and not the rich with money.
Look at PM who wastes public funds by spending most of his time abroad, yet he still goes and does not care two hoots about publics view. Is that the sort of beahaviour the pakistani public should tolerate?
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Nov 10, 2014 04:15pm
Nothing would happen, all is topi drama, they are not AZAD see what is happening in Thar no buddy is bothered.
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Nov 10, 2014 04:18pm
Actually the term "sadiq" and "ameen" are subjective and should be stricken from the Constitution.
These are titles of Prophet (SAW). Are we saying that if a PM is just sworn in then he is an equal (na uzu billah) to SAW?
Secondly, speech in Parliament are protected by rules of Parliament. They are political speeches. The judiciary is not above parliament.
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Nov 10, 2014 04:30pm
The think that matters most is the intention... i don't think our judiciary has any good intention...When you say you agree to a thing in principle you mean that you have not the slightest intention of carrying it out in practice. by know we all know this... it is nothing but delaying tactics....
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Nov 10, 2014 04:33pm
@ghanshyam The judgement of Allahbad court came 1975. Gandhi continued as PM till 1977. Even the SC decision went against her. But principle here is that Parliament is the supreme body, and only an act of Parliament can remove the PM.
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Nov 10, 2014 04:38pm
@Harmony ....There are only two mistakes one can make along the road to truth; not going all the way, and not starting.
NS is least himself when he talks in his own person. Give him a mask, and he will tell you the truth.
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Nov 10, 2014 04:39pm
hand picked judiciary will never ever disqualify our wise PM.
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Nov 10, 2014 04:42pm
@M.Saeed there are two kinds of fishes... the real fishes lives in oceans and the selfish they live in Pakistan....
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Nov 10, 2014 04:43pm
@someone when some one says there are important questions, it means that one does no know the answer... or avoiding them...
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Nov 10, 2014 04:45pm
@Aly Khan Money has a lot and tremendous power and NS got quite a lot...
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Nov 10, 2014 04:49pm
Dear Hon Chief Justice, please do this nation a huge favour and send this corrupt PM packing
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Nov 10, 2014 04:49pm
@Hassan....... Little progress can be made by merely attempting to repress what is evil. Our great hope lies in developing what is good.
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Nov 10, 2014 04:51pm
In reality he is not Prime minister and IK is right, because everyone is saying that the elections was rigged, and after that they are saying that they are protecting democracy, look at them? how they in front of the nation on live TV channels saying that they are protecting democracy, so much corrupt.
How corrupt they are they don't have any moral or national value. They just want to protect their assets and will continue with that. The nation had suffered since Pakistan cam into being and will suffer in future, there is no hope in this country.
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Nov 10, 2014 04:52pm
@Ijaz pal my dear pal....you know all things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. where are u remember you are in Pakistan...
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Nov 10, 2014 05:10pm
All the present Judges, Generals, Journalists, Bureaucrats and Islamic Scholars should also be thoroughly scrutinized to ascertain if they were happened to be "Sadiq & Amin" and qualified for assuming their office. Gen Zia inserted this panacea in the constitution while he himself was an impostor, hypocrite and untruthful. Not a single Pakistani can pass this "litmus test".
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Nov 10, 2014 05:14pm
Please make a wise and honest decision and let the nation regain trust on apex court.
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Nov 10, 2014 05:23pm
Sadiq and ameen for all politicians:
- check past 5 years tax history
- no criminal convictions
- no loans remaining from national banks
- all gas and electricity bills etc paid
- original degrees with minimum bachelors
- no charges of corruption
- Suspend if NAB has cases against them
- no nepotism!
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Nov 10, 2014 05:26pm
Only Pakistani people are allowed him to disqualify in next election, No one else, neither court nor military has right.
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Nov 10, 2014 05:29pm
Pakistanis courts need to take a stand for true democracy instead of waiting signals from national and international establishments.
How can a Prime Minister lie on the floor of a parliament ? If telling a lie in courts is a crime whynot in parliament which is also a constitutional institution?
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Nov 10, 2014 05:44pm
Imran Khan lies every day, so does the rest of the country on a daily basis.
Tahir Ul Qadri is a king of liars. Good Luck finding a person on this earth who has never lied........
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Nov 10, 2014 05:44pm
@Z khan
Speech Protected by parliament ?
You mean they can do or say anything in the parliament ?
Sir-- parliament is suppose to be a sacred place.. ( ATLEAST suppose to be ) and you are under oath. And if you lie to the nation under oath ? ( probably most do anyways) but NS got caught .
No body has the right to break the constitution , not even PM. Especially not the PM. And the courts have to give a judgment whether he lied under oath and if it fits Saadain and Amin category. Simple.
Now whatever you say about saadiq and Amin --- it is after all in the constitution.
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Nov 10, 2014 05:48pm
@khanm
I agree.
Courts Probably avoiding it especially if the answer is in the affirmative -- that he lied.-- throw the ball in CJs court.
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Nov 10, 2014 05:52pm
disqualification for what ? parliament proceedings can't be challenged in courts.
what about IK he has been telling lies on container every night, when he will be disqualified?
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Nov 10, 2014 05:59pm
Unnecessary creation of excitement! Judiciary can't survive without News Tickers...
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Nov 10, 2014 06:01pm
And exactly after the SC dismisses this petition, people will start pointing fingers, and get indicted for contempt of court under Article 204. So much for free & fair judiciary.
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Nov 10, 2014 06:15pm
So Javed Hashmi was right when he said that our judiciary is part of London Plan.
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Nov 10, 2014 06:42pm
the system has failed ,the country being torn apart ....... future of the country lies on a good decision ...I hate to see things done by halves. If it be right, do it boldly,--if it be wrong leave it undone.
Bernard Gilpin
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Nov 10, 2014 06:44pm
What else can an "independent" judiciary do?
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Nov 10, 2014 06:50pm
@Mariam Worthy list - but unfortunately assets will be put into the names of family members or friends - so you will get no further
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Nov 10, 2014 06:52pm
@khanm Thank you brother. That is why I say let's strike Sadiq and Amin from the constitution and leave judgement to facts.
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Nov 10, 2014 06:53pm
@Mariam Nawaz Shariff and 3/4 of the parliament will fail to satisfy these conditions, lol
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Nov 10, 2014 06:59pm
These courts will never give decision against their favorite Nawaz Sharief. Remember in 1991 they give decision in his favor but 1993 against benzir bhutto.
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Nov 10, 2014 07:07pm
It is a mockery of justice, the acting Chief Justice Khosa succumbed to political influence despite tall claims he cared less if one parliamentarian went home of for that matter 50. The Court with respect made headline news and one wonders if Iftikhar days had returned where Court featured prominently in the media but fewer meaningful decisions. One wishes for an improved court performance outside any influence to bear that will bring in a new era of change where good governance will be second nature. It was the people who supported judges restoration and people call to return that favour, be fair.
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Nov 10, 2014 07:08pm
@Dr Carla and how exactly that would happen Dr? We have election sold and purchased here, if you are referring to that, then I am afraid you are grossly mistaken. No one should be above, one rule applies to all; to PM or peon.
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Nov 10, 2014 07:15pm
pir doka dai raha hai nawaz and zardari
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Nov 10, 2014 07:23pm
There should be only one objective, ie to save the country and axe corrupt people and practices. Regardless, whoever he is, SC should take a decision as per the law and constitution. This is minimum we want to see and expect from apex court,.
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Nov 10, 2014 07:25pm
Come what may the status quo will not change. Iam convinced that the media and the judiciary have been compromised and so they shall remain subservient to the forces of muk muka. The army for its own reasons wont meddle and such the sufferings of the nation and its downward slide will continue.
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Nov 10, 2014 07:59pm
Once the illiterate meter reader will have this much opportunity to decides the future of this nation, really i am ashamed, where i am living.
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Nov 10, 2014 08:20pm
Basically it is a matter of "if there is a will there is a way". I do not see This matter will be sorted out until the next elections due to corruption that has spread like cancer which has not spared even the Judiciary. Judiciary in Pakistan need to take lesson from the judgement of Allahabad High Court that has disqualified Indian Prime Minister Indira Ghandi, the question is that do the Judiciary has the guts to stand up and come out with real Justice?
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Nov 10, 2014 08:28pm
Cat and mouse games just to fool the public. The 'pillars' of democracy (parliament, executive, and judiciary) are all in it together to milk this country. Once in a while they play 'friendly games' against each other to give the impression that they are independent!!!
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Nov 10, 2014 09:21pm
SC= Sold Court
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Nov 10, 2014 09:24pm
@Mariam Then Pakistanis will have to import politicians from outside.
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Nov 10, 2014 09:26pm
Any mad-made law that requires or expects a human beings to be "Sadiq" or "Ameen" is un-realistic because the only human being who was "Sadiq" and "Amin" was the Holy Prophet Mohammad (Peace on him) and no one besides Allah knows if any human being today is "Sadiq" and "Amin". It is impossible for any human being to know who is "Sadiq" and "Amin". What is happening in Pakistan is mockery of religion in political drama.
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Nov 10, 2014 10:15pm
@Ijaz The constitution is part of the law, brother. It's up to the supreme court to decide what is Amin etc
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Nov 10, 2014 11:20pm
When did our courts have not favoured Nawaz sharif and family in spite of so many evidences? nothing will happen. result will be in favor of nawaz shaif as expected or they will postpone hearings to fade out expectations .Our courts only punish poor and common people. That is why we are lagging behind in everything in spite of having potential.
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Nov 10, 2014 11:46pm
@khanm I agree.
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Nov 11, 2014 12:31am
Regardless of the outcome. I will vote for PMLn, for they are truly trying to do good. While the person I voted for last time is only accusing without proof. If IK wants my vote, he needs to provide solid evidences and not hearsay stories. Unlike the many people blindly following Imran Khan, I dont buy stories.
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Nov 11, 2014 04:21am
I am convinced that this man is not qualified to lead a nation. A country where minorities are lynched, their homes burnt and their daughters forcibly converted is a bad place. However, the leader under whose watch this is happening should be brave enough to stop these atrocities or have stepped down long time ago.
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Nov 11, 2014 05:13am
@Naujaiba
What more proof you need man. If all the parliamentarians including PMLNs -- while speaking in the parliament said that there was rigging --- what more proof you need.
What I got out of all this is this:
Yes there was rigging but PMLN and PPP don't want to change the system claiming to protect the constitution and democracy. Lol.
Basically hiding behind the very constitution they admit , was broken and made fun of by rigging.
To me it's simple--- if every body agrees on rigging ---- why not redo the elections -- that's not against the constitution , is it??
I think it will be good for democracy and Pakistan.
The reason -- PPP and PMLN know they'll be whipped out if mid term happen. And the accountability will begin and people will end up either in prison or Dubai / England.
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Nov 11, 2014 05:19am
@Talha Nothing should happen too..... as you are trying to tress pass Parliament.
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