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LAHORE: The Lahore High Court advised the federal government on Tuesday to quit in the wake of its failure to maintain public peace, particularly for the past four months. It even asked the government to give others a chance to serve if it could not deliver.
A full bench of the court, headed by Justice Khalid Mahmood Khan and comprising Justice Shahid Hameed Dar and Justice Mohammad Anwarul Haq, is hearing a number of petitions against prolonged protests by opposition parties, especially the Pakistan Tehreek-i-Insaf and Pakistan Awami Tehreek.
The petitioners sought the arrest of PAT chief Dr Tahirul Qadri because he had yet to obtain bail in at least 40 cases registered against him in different cities of Punjab.
One of the petitioners sought initiation of proceedings against PTI chief Imran Khan and Dr Qadri under Article 6 of the Constitution for their acts which, he said, fell within the ambit of treason.
Also read: Spate of protests ensues imbroglio in Faisalabad
Another petitioner requested the court to order the government to ensure protection of citizens and traders in Lahore during a shutter-down strike in the city called by the PTI for Dec 15.
At the outset of the hearing, the court observed that the government appeared to have been very weak and helpless during the whole episode of protests.
“This is the time to wake up. Where is public peace for the past four months?” Justice Shahid Dar wondered.
The government did not want to show its muscles, Additional Attorney General Naseer Ahmad Bhutta said when the court questioned the existence of the government.
The court said life in cities would be paralysed if the government did not show seriousness towards the protests.
Recalling the fall of Dhaka, Justice Khalid Khan said the government should not keep the nation in dark. Such a mistake in the past had resulted in the loss of half of the country, he added.
The court agreed with the contention of Advocate A.K Dogar, the counsel for a petitioner, that the country was passing through “very bad state of affairs” and the situation could lead to anarchy.
The bench expressed dismay over the federal government’s failure to submit its reply to the petition seeking arrest and treason proceedings against the respondent protesting leaders. It gave the government last chance to submit the reply next week.
The court decided to proceed ex-parte in the treason petition to the extent of Dr Qadri since no one had appeared on his behalf. Despite issuance of a notice, the respondent (Dr Qadri) was not showing interest in the court’s proceedings, it regretted.
A lawyer, representing a local leader of traders, informed the court that the government had yet to come up with any effective plan to protect the people of Lahore if the PTI went ahead with its plan to enforce a shutdown on Dec 15.
The court directed the federal and Punjab governments to submit on Wednesday a plan for maintenance of law and order in Lahore during PTI’s protest.
Published in Dawn December 10th , 2014
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Comments (61) Closed
Dec 10, 2014 07:39am
The court wants to push govt towards using force against the protesters. It will never push the govt towards investigation of election in May 2013 because their breather were involved in that fraud. What a pity!
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Dec 10, 2014 07:52am
Mian saab k pas bohat tajriba hai hahahaha!!!
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Dec 10, 2014 08:16am
When people have no faith in government including courts then street politics will take over which will lead to anarchy and eventually whether you like it or not Army will have to move in.
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Dec 10, 2014 08:44am
Only way to maintain control is by allowing the police to do their jobs, if anyone slaps you, you punch them, and if they punch you, you shoot them. This is what the police always does, just look at Ferguson MO
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Dec 10, 2014 08:47am
Judiciary independent organ of government, has deliver a message and same message is given by opposition leader of parliament that government has to come down from high horses to settle unrest for last four months We want peace and corrupt-free governance in entire country
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Dec 10, 2014 08:54am
The judges too should be asked to resign if the masses cannot be provided justice?
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Dec 10, 2014 09:00am
It is not the business of courts to tell the elected govt. to quit. It is for the parliament to decide.
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Dec 10, 2014 09:02am
Wonder why honourable justices are so concerned commentators now on the current state of democracy where constitutionally freedom of speech is guaranteed to form public opinion by any political party? Why these justices don't stick to interpret the laws of the land; and not issue directives as to how able, so-called elected government handle opposition? It is none of their concern! Stick to judiciary please!
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Dec 10, 2014 09:07am
Well, it seems that the verdict is unanimous that PML-N's is an incompetent government.
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Dec 10, 2014 09:55am
Its never late. Still the Judiciary has a chance to solve this problem in a rational way.
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Dec 10, 2014 10:00am
Perhaps the government should remind the LHC that they need to let the electorate decide whether the government is fit to rule or not. The institutions of Pakistan need to stop interfering with each other's business.
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Dec 10, 2014 10:00am
Topi drama govt. topi drama courts. they are just saying all this on the surface level. from the inside they are all pro nawaz.
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Dec 10, 2014 10:07am
The noose around PML N neck is getting tighter by each day.
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Dec 10, 2014 10:29am
Exactly!!!
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Dec 10, 2014 10:30am
The Government should take a hint from observations made by Court as good governance for Nawaz is foreign outings with his family to conclude business dealings committing Pakistan into a life time of debt. Nawaz can fix it by ridding himself of the old guards particularly the bad 4 instead introduce a government of technocrats or a coalition with Imran Khan with Nawaz moving into the Presidency. It may be a face saving option for Nawaz with his ship sinking fast, time and momentum being with Imran Khan.
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Dec 10, 2014 10:34am
The highly valued verdict of the court advising the government to pack up and let others serve in a better way.
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Dec 10, 2014 10:43am
Way to go :)
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Dec 10, 2014 10:45am
The courts and the government are just a big joke no one takes them seriously.
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Dec 10, 2014 10:46am
Court is in absolute negligence on Model Town Massacre.
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Dec 10, 2014 10:46am
The Government, The Opposition, The Courts, The bureaucracy and The people of this country have all contributed to the current situation. Please take responsibility rather than blaming others.
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Dec 10, 2014 10:50am
Dr. Tahirul Qadri -- 40 cases pending in courts against him and the guy exits and enters freely into Pakistan with full free media coverage He is also the main cause of lives of ex number of people in various cities. Only in Pakistan --bravo --good job
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Dec 10, 2014 10:54am
Court can not advice in this regard. Out of its jurisdiction.
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Dec 10, 2014 10:55am
PMLN courts don't use this type of language, judge probably needs a new car or his son looking for a highly paid job. Nawaz it is the time to serve him.
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Dec 10, 2014 10:56am
So the LHC full bench are editorial writers now?
The role of the judiciary is not to make sure that the elected governments are doing their jobs effectively. That is the job of the people and their elected representative legislatures. That the people and their representatives do a poor job of it is sad but not a judiciary matter.
I hope the judges' comments were off the cuff and not part of the case files.
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Dec 10, 2014 10:57am
Agreed. It's time for the govt to accept it's complete failure.
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Dec 10, 2014 11:05am
DAIR AAYED...DURUST AAYED!!!!
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Dec 10, 2014 11:06am
It is reasonable ruling, though, one should bear in mind that Government cannot ensure peace alone, it should be the binding duty of each national of Pakistan to extend peace-keeping efforts.
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Dec 10, 2014 11:09am
Better late than never.
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Dec 10, 2014 11:10am
@M.M.Sherazi It's the govt.'s responsibility to ensure justice is provided. No citizen should be pushed to a level of frustration that brings him/her out to the street and endangers the security situation. The govt should have the ability to avoid any situation from escalating, by listening to their people's grievances instead of playing party politics.
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Dec 10, 2014 11:10am
Its irony to see literate class of this country split between what's right and what's wrong. They have their fun on writing on twitter and facebook about corruption and how incapable present government is, but when it comes to efforts to bring change, these pseudo intellectuals wants a hassle free change. We should avoid violence!, we should not disrupt country blah blah.. The grip of status quo will not be loosen by sitting at home or writing comments against Imran..
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Dec 10, 2014 11:11am
i thnk court is right .... on a serius note if govt has no any policy it should quite itself bcx they r on designations 4 the prosperity of nation not to protect their seats
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Dec 10, 2014 11:13am
Just a clarification for those who are commenting without reading the above. The court is chastising the govt for giving too much space to PAT and PTI who are distrupting public life.
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Dec 10, 2014 11:24am
@AH true
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Dec 10, 2014 11:32am
@vijay, Salem So PML-N can continue their dictatorship and keep killing people in Punjab.
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Dec 10, 2014 11:33am
@Sami Khan It is because they have failed to arrest the convicted which falls under their power.
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Dec 10, 2014 11:34am
@Sami Khan No, it is selected government which came by rigging election vote.
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Dec 10, 2014 11:48am
Mian should quit at all...
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Dec 10, 2014 11:49am
Not a good day for PML-N.This is a wake up call from court. Already Mr. Khurshid Shah has said political parties will not support PML-N this time if they do not go for negotiation. IK is getting stronger every day because of some non sense statements from some of the ministers of PML. For God sake govern with seriousness if u want to complete your full tenure. People will not wait for 5 years if u don't run the affairs of the government effectively.
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Dec 10, 2014 12:02pm
Khuda Ke Fazlu Karam se....who cares !
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Dec 10, 2014 12:03pm
On which moral grounds NS and cronies should act?
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Dec 10, 2014 12:10pm
Respectable judges are also responsible for this chaos, why model town culprits are not punished yet? why the JIT report by Baqar Najafi is not published yet? its now over 3 months when this report was submitted (and case is in court for about 2 months). How about the FIRs lodged against PMs and his ministers? TUQ is roaming around freely because culprits like Sh. Sharif, Rana Sanaullah and Dr. Tauqeer shah are also moving freely. If law was present in Pak Punjab Govt. did not have the courage to beat blind persons so brutally in Punjab..............sorry to say but this is all happening because our courts are simply helping the elite class be it TUQ, PM, IK, Sh. Sharif ....
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Dec 10, 2014 12:10pm
The courts should order a round up of the people who are actually inciting violence and anarchy instead of dishing out criticism.
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Dec 10, 2014 12:15pm
The Government should take a hint from observations made by Court as good governance for Nawaz is foreign outings with his family to conclude business dealings committing Pakistan into a life time of debt. Nawaz can fix it by ridding himself of the old guards particularly the 4 instead appoint people on merit, introduce police reforms and or a coalition with Imran Khan with Nawaz moving into the Presidency. It may be a face saving option for Nawaz with a fast sinking ship, time and momentum being with Imran Khan.
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Dec 10, 2014 12:15pm
@Sami Khan, Parliament and Nawaz Sharif is one and same. Somebody has to tell the ineffective and useless government to go for the good of the country.
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Dec 10, 2014 12:29pm
@Sami Khan, and parliament full of corrupt and uneducated people would do such thing? think before you speak bro
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Dec 10, 2014 12:47pm
Arrogance of PTI and incompetecy of PML-N is pushing all the nation backwards.
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Dec 10, 2014 12:48pm
What happened after the court ruling ? ..................everybody laughed.
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Dec 10, 2014 01:07pm
FIR's etc have now become a joke and are only meant as a piece of paper. Pakistani politics, judiciary and use of Constituion is laughable.
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Dec 10, 2014 01:28pm
Mr. PM, if you have any sense then please take hint of what LHC are saying. So far you have proved that you lack common sense thus likely to ignore LHC statement.
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Dec 10, 2014 02:49pm
Courts are biased: LHC thinks different than SC.
either SC is good or LHC.
one thing is for sure: Pakistan is no more country of fools.
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Dec 10, 2014 03:18pm
I am amazed at the way we define peace in Paksitan. Fourteen heads down directly through Govt in the safest city of Lahore and we have yet to demarcate a line between saftey and human losses in Paksitan. What a logic that makes me LOL!!!!!!!!!!
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Dec 10, 2014 03:22pm
Thank god, finally hearing something reasonable from the courts.
However, the govt should have been removed the very next day of the Model Town Massacre.
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Dec 10, 2014 04:03pm
"give others a chance to serve if it could not deliver" - you mean handover to Mr. Hamza Shahbaz Sharif?
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Dec 10, 2014 04:46pm
Let the courts go further and state that judges who cannot deliver justice should resign. Half-steps and sermons are all very good, but let us see some real action. If the Judges look closely, they will see that the Pakistani public is demanding that and losing patience.
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Dec 10, 2014 05:14pm
After Plan C, Establishment proudly present Plan LHC :-P
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Dec 10, 2014 06:24pm
And if judges fail to deliver then???????????
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Dec 10, 2014 07:21pm
@Confused . This is disease when incompetent Justice Iftekhar Chaudhary started giving directives (not interpreting the laws of the land/constitution) as to how government should run during weak Zardari regime and fired Soumoto actions profusely while real cases were pending (20+ years old). Writing opinion Justice Khalid Mahmood (LHC) has no clue that there are "three" (3) autonomous" branches of the government: The Executive, Legislature, the third in order is Judiciary which has no business in governance of the government. He forgets he's Justice and his main and only job is to make interpretation of the sacred laws of the land!
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Dec 10, 2014 07:27pm
How can a court tell an elected government to quit? Am I missing something?
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Dec 10, 2014 07:50pm
A judge or a court has no business telling the govt to stay or go.
These judges need to understand their place and work hard to dispense justice to the common man, something they have failed to do for the last 67-years. Do your job.
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Dec 10, 2014 09:07pm
as a PTI supporter, even I do not agree with this. Judicial branch should not be issuing such statements. They have absolutely no right to do that. Despite the fact, I want PMLN to go away but making statement to give some one else a chance makes no sense at all. A govt. should be elected democratically with FREE and FAIR elections. Free and Fair is the key which these recent elections were not.
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Dec 11, 2014 08:15am
Why doesn't the court starts to rule the country ...is this a joke of some kind
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