SC warns of action against PM, opposition leader if CEC not appointed by Dec 5
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ISLAMABAD: The Supreme Court said Tuesday that if a permanent Chief Election Commissioner (CEC) was not appointed by Dec 5, then the court would consider on Dec 8 the issuance of notices against Prime Minister Nawaz Sharif and Leader of the Opposition in the National Assembly Syed Khursheed Shah.
A three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, was hearing the case pertaining to the appointment of a permanent CEC.
During the hearing, Attorney General Salman Butt was unable to convince the court in writing that the CEC post would be filled by Dec 5.
Earlier on Monday, the court had directed Butt to provide assurance to the apex court by today that the appointment of a new CEC would be made before the court's Dec 5 deadline expires.
Take a look: Assure CEC appointment before Dec 5: SC
Butt told the Supreme Court that sincere efforts were under way to appoint a new CEC by the Dec 5 deadline.
The apex court rejected a request by Butt to postpone the case's hearing to Dec 5.
The Supreme Court announced that it will initiate action against PM Nawaz and Shah if they fail to announce a new CEC by Dec 5.
It also said that its previous decision to withdraw Justice Anwar Zaheer Jamali of the apex court on Dec 5 from the post of CEC would remain if the government and the opposition did not honour the court's deadline.
The hearing of the case was subsequently adjourned to Dec 8.
The CEC office has been vacant for over 16 months after the retirement of Fakhruddin G. Ibrahim.
This is the fifth deadline given to the government by the Supreme Court. Earlier, the court had set Oct 28, Nov 13, Nov 24, Dec 5 as deadlines for the appointment of CEC.
After the expiry of the third deadline on Nov 24, the court had set Dec 1 for the appointment of the CEC and said it would withdraw on Dec 5 its judge Justice Anwar Zaheer Jamali who is currently officiating as the CEC.
According to sources close to the developments regarding the new CEC's appointment, the government and opposition were facing difficulties in finding a suitable candidate due to a constitutional bar that the CEC must be a retired judge from the superior judiciary.
The name of former Supreme Court judge Justice (retd) Tariq Pervez Khan is still under consideration for the CEC post, sources said.
Examine: PM, Shah likely to finalise CEC appointment on phone
Read more
On DawnNews
Comments (39) Closed
Dec 02, 2014 12:25pm
The Court has extended its deadline yet again to 8th December perhaps giving a wrong message to the people of Pakistan believing the Court will play a part that Court is either toothless or unwilling to push Government over the wall. In Pakistan unfortunately the Court is a tool effectively used by Government to its aid.
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Dec 02, 2014 12:44pm
This shows how dishonest both parties are. They even want a CEC of their choice. Everything is for sale in this country- even the judiciary.
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Dec 02, 2014 12:48pm
expected in corrupt system. No merit just muk muka to appoint someone of their interest!!!
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Dec 02, 2014 12:49pm
Young talented professionals are jobless and old age retired officials for such big posts who don't even know how to use a computer!!!!
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Dec 02, 2014 12:55pm
Current courts whether superior or lower ones, would never even imagine of doing any thing, which can in any way harms NS, no matter how legitimate case be. They are all part of status quo mafia. Incumbent Hon CJ has also served as acting chief election commissioner amidst time when there was a genuine time to unearth these rigging allegations and he did nothing, so what to expect from him now. This court would also follows its predecessor - keep on giving dates and give no verdict.
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Dec 02, 2014 01:01pm
It is another deadline extended to accommodate Nawaz Government, the Court acting toothless or its reluctance to punish is seen as a weakness. The appointment of Chief of ECP has now become so contentious with political parties investing large resources in its appointment that an alternate system be adopted or Court appointment of a permanent Chief be made. In effect the Court should discourage so the office of ECP should not be a hotbed of political wrangling but an office with powers of a judge to protect the basic fundamental right to its citizen to a fair and free elections in electing its chosen leader to represent in Government.
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Dec 02, 2014 01:15pm
SC is right for not believing the AG that a decision will be made on the appointment. I can see another excuse coming from the AG for not achieving the deadline which will be " that the PM was out of the country from 2nd till 4 or 5th in London attending a meeting". I sincerely hope that SC court takes action against the PM & Opposition leader for ignoring their decision which confirms that NS rules like a badshah of Pakistan. His end is near like his previous terms.
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Dec 02, 2014 01:18pm
Now they would choose one!
After all they are pakistani. Unless you give them a 'danda' they won't work!
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Dec 02, 2014 01:29pm
they are failed to find a corrupt judge
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Dec 02, 2014 01:30pm
Helllo Judiciary - your job is give justice to the people of this country. Have some guts and make decisions.
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Dec 02, 2014 01:31pm
SC warns hehehehehe....if CEC not appointed SC will take action...REALLY I MEAN REALLY.....hehehehehe....if not appointed then what?. SC does not have the guts to do anything. So kindly plz SC be quiet...plz don't embarrass yourself by saying things which u can't do.
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Dec 02, 2014 01:39pm
See, if the govt and opposition are united, even the SC is helpless.
This is the reason why Imran Khan is gaining popularity with his arguments.
Once the Muka of PPP and PML-N loses fear of the Army and SC, LAWLESSNESS/ CORRUPTION will keep on rising.
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Dec 02, 2014 01:39pm
why have you blocked me admin?
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Dec 02, 2014 01:51pm
The last CJ of SC was involved in extreme judicial activism, but now it has receded to become extreme passive...country will not work like this ? forcing the people / masses to get frustrated & revolt inviting third force.....
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Dec 02, 2014 02:12pm
Its a very important post and does need time but duration NS and Kursheed has taken is unacceptable.
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Dec 02, 2014 02:14pm
so SC in fact has served as lifeline to PM to accommodate his UK tour. amazing country, amazing people and amazing things happening......... with such articulation served by SC we must live under any kind of doubt that we are heading towards a failed state like a tracer bullet.
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Dec 02, 2014 02:16pm
Warning to take action.......and taking action are two entirely different situations.
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Dec 02, 2014 02:19pm
yes a notice will be issued to PM containing a new deadline dated ......
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Dec 02, 2014 02:27pm
wrong Caption, instead it should read like " Supreme Court has extended CEC nomination date until Dec 8, 2014 ".
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Dec 02, 2014 02:44pm
The govt, opposition and the judiciary expects ordinary people to obey the law, yet the current govt & opposition are the culprits themselves. What sort of example is the judiciary & govt creating for ordinary people eh? By now the judiciary would have sent an ordinary person to prision or issued warrants for their caputure. All of IK's statements are coming true i.e. one rule for the rich & famous and other for poor & middle class.
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Dec 02, 2014 02:45pm
This is reflective of the limit of incompetency, indecisiveness and lack of self-denial in the leadership of both the parties. This is the outcome of a politics of Muk Mukau and so-called election of a house of myopic and self-cantered leaders who aught to be ousted and replaced by persons fitting on the parameters,defined by the constitution .
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Dec 02, 2014 02:59pm
@Syed
However profound you think you do no service to Pakistan by miligning the judiciery. All those who indulge in such activities do it from ignorance otherwise someone will provide some proof.
Miligning the Supreme Court or the judges is most dangerous occupation, it shows disrespect for the Pakistan and its justice system.
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Dec 02, 2014 03:33pm
We don't want Supreme Court if it can't serve justice.
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Dec 02, 2014 03:34pm
SC is trying to give cover to PML-N and PPP's nominee by putting this fake pressure. These judges have no concern about this country and fairness. They all know that PTI will not accept this fake election process but rather than fixing the system they want to appoint their own people and SC is just a mechanism to get some legal cover.
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Dec 02, 2014 03:38pm
Our Supreme Court and all other courts have lost credibility in the eyes of Pakistanis. Most of the judges are corrupt. The honest judges are under the influence of corrupt politicians. Army is trying to protect its credibility in the eyes of the nation. Don't know how and who can change this corrupt system.
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Dec 02, 2014 03:47pm
All they want is a CEC of their choice, which will follow their instruction.
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Dec 02, 2014 03:58pm
I think they are delaying it because with no CEC currently they probably are taking advantage of the situation by stamping votes behind the scene to justify PMLN's victory if an investigation in rigging takes place. IK should take notice of this and should urge the courts to take action as quick as possible against those who are delaying the appointment. Keeping this in mind, the courts should also ask for details and finances regarding the activities of the ECP during the time in which there is no CEC. I think these status quo parties are doing something fishy.
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Dec 02, 2014 04:01pm
@Shafiq khan : The common Pakistani experiences the flaws in Judiciary system on daily basis. The inefficiency is all around, reasons could be any. What can one make of these extensions being given to the government? These type of delays on important appointments give rise to mistrust. It is the duty of the Judiciary to keep that trust in the national environment.
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Dec 02, 2014 04:01pm
The respected judiciary should have specified what "action" they would take if they the two parties don't name the CEC before December 5. I am hoping for contempt notices at least.
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Dec 02, 2014 04:21pm
This is the class of rulers we have who can't find three dozen competent persons out of 180 millions Pakistan for over one and half years to fill top positions in the key institutions and major organisations. How can one expect from them to fill the key and sensitive position of CEC in sixteen months after resignation of last CEC, F.G.Ibrahim? However failing to do so even after six deadlines by the Apex court, both the rulers and opposition leader must be taken to task and made to pay for this act bordering disrespect for the court?
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Dec 02, 2014 04:35pm
what is the difference between PPP and PMLN govt, gilani was also doing the same tactics during his tenure. I am fed up of the SC for giving deadlines again and again.
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Dec 02, 2014 04:35pm
These shenanigans only happen when crooked people try and get their man in the slot, not an honest capable judge. How difficult is it to chose a CEC. If you can't chose, let IK do, they are the government in waiting, anyway.
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Dec 02, 2014 05:10pm
Topi drama, as if people cannot understand. Everybody and everything is up for sale, when IK says so then all of them start howling.
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Dec 02, 2014 05:51pm
Why are we seeking a dialogue with India ? I am glad PM is meeting leaders of great countries like UK ,US and Canada instead
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Dec 02, 2014 06:26pm
@Shafiq khan >>> Are you talking about the system that has already failed? Wake up.
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Dec 02, 2014 07:00pm
Pakistani courts have become joke Do some thing about it, Mr. chief justice.
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Dec 02, 2014 07:35pm
it seems like Supreme court has been issuing date after another. This is the 3rd time they have extended the deadline. Please advise how can one slap a notice on the Supreme Court since they love doing this to others. How can the courts be accountable.
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Dec 02, 2014 07:46pm
Next turn to be in power is PPP. So it is obvious PPP will decide who will head ECP. It is just a family buisiness as usual.
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Dec 02, 2014 08:54pm
What a joke?
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