Supreme Court and Military Is Dangerous Combination

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A Staff Report in the Daily Times leaves me very troubled. The report in question quotes senior lawyer Abdul Hafeez Pirzada saying that the Supreme Court can seek the help of the Army to carry out NRO verdicts. I find this troubling because it could throw the nation into an unnecessary constitutional crisis.

Here is the direct quote from The Daily Times report:

“The SC can seek the army chief’s help for the implementation of verdicts,” Pirzada told reporters at the SC while commenting on the detailed judgement on the National Reconciliation Ordinance (NRO). “There is an antecedent … former chief justice Sajjad Ali Shah sought the army chief’s help,” he said. He rejected the impression that a court directive to the army would seem like an invitation for taking charge of the government.

What is most interesting is that Mr. Pirzada’s statement is based on Article 190 of the Constitution which says, “All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court.”

Also, Article 41(6) of the Constution says, “The validity of the election of the President shall not be called in question by or before any court or other authority.”

By suggesting that the situation may come that the SC uses Article 190 to make the Armythe depose the democratically elected President, the lawyer is inappropriately pushing towards a coup that is not only antidemocratic but a violation of Article 41(6).

This is a combination of powers that is not only unnecessary but dangerous. It is important to the stability of the nation that as the NRO process continues that everything is carried out with both common sense and the attitude that the best path is one that strengthens the democracy.

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48 COMMENTS

  1. Perhaps its time we do away with the Constitution
    dissolve the judiciary and disband the Army.Allow
    the Perpetrators of Corruption and Nepotism rule
    over us without remorse.The clash is between the Supreme Court and a bunch of Corrupters who came
    to power by exploiting the death of their party leader.Mr Hafeez Pirzada and Dr Mubashir Hasan saw
    the signs of decay setting in the bones of a party
    that they found with late Zulfiqar Ali Bhutto,And
    now his legacy is being exploited by drumming the
    cause of farce democracy.One has to see in larger
    interest of the entire nation and not in favour of
    those who got themselves elected by whatever means
    they could eploit.

  2. Khalid bhai, with all due respect that is the silliest comment I have ever read. The people who came to power came to power by VOTES. This is how a democracy works. If you do not like PPP, then vote for someone else in the next elections. But do not cry over spilled milk if everything does not go your way. I agree that one has to see in the larger interest of the entire nation. The larger interest of the entire nation is to FOR ONCE allow the democratically elected government to serve its term, then have proper elections. You keep saying things like “those who got themselves elected by whatever means they could exploit,” but you are 100% incorrect. The elections were free and fair elections. The first in many years. Just because you do not like the outcome does not make them illegitimate. I hate to be the one who brings you the news, but this nation is not Khalidistan. Khoda Hafez.

  3. the which is a very sad state of affairs bottom line is that we have to forge unity forget the bickering and concentrate on building a unifird pakistan. after all we are all brothers in islam and islam teaches us to be tolerant and respect everyones views. our prophet saw always used to consult his companions on every issue. how many times has our assembly done so, all decisions concerning pakistan are taken unilaterally,

  5. This is a very old combination.It is not new.The only difference this time will be that army will come to the riscue of judiciary where as previously it was the opposite.Nothing will happen to Pakistan as nothing has happened so far.Only politcians will be sidelined,rulers will be changed but the common man will remain the same.Unless and untill the people are changed no change should be expected.We are far behind the change.It will take at least 610 years to come out of the miss.

  6. Dear Sir, What should Supreme Court do when the Gov. does not obey the ruling of 17 Judges and still delaying the implementation by way of clarification of clause 248. When the 17 honourable judges ordered to open the Swiss Cases they must be knowing the clause 248.

  7. i quite disagree with your heading is SC+MILITARY=DISASTER but infact its 100% heading is this clearly see this and think who is really disaster. it is MQM,PPP BNP AND ANP are the real disaster for PAKISTAN.

  8. dear sir sc+army=is necessary for greater Pakistan now during the current period all the ruling parties are the great threats for Pakistan they are just fighting for their interest not for the national interest look the history the current gove tell me a single decision that is in the favor of Pakistan

  9. My dear sirs,
    We must consider our acts and their results, if these are in the interest of Pakistan. We should forget our ego and personal interest if we want to build Pakistan. Be a nation and nationalist to save Pakistan and pull the public from crises. Our respect, our Party, our politics is only with the survival of Pakistan. Enemies are using us against us in so many names and styles by camoflaging their interest and activities. Our leaders are also acting on their agenda. For God sake try to understand the moves of enemies and be unite and patience to save your beloved country which was got after a huge bloodshedding. At the moment we cant affort any mishap like 1971 towards which we are being pushed.

  10. Democracy is the best form of government for any nation, but if that system puts a twice convicted person to the highest office of the country, then we need to dismantle the entire system, whatever it takes to,and clean up the system of corrupt and backboneless people.This nation can not be made to bear the shame and agony of this any longer.
    This nation does not need robbers and gangsters to run it, be those from military or from the civil.Until and unless these robbers and wrong doers are punished for the crime they committed against this nation,the souls of those shaheeds who laid down their lives will not be at peace. The Supreme Court+ the Military will not bring disaster but will auger an era of social and economic justice,stability and eshtablish a society in this country where NO BODY WILL BE ABOVE THE LAW AND NOBODY BENEATH ITS PROTECTION.Once this is achieved the ‘VIP CULTURE’ which is the only hinderence to our progress, shall automatically die its own death.Then only will this country be PAKISTAN OF MR.JINNAH and that of IQBAL’s DREAM.

  11. Its high time that we decide as anation whether we want rule of law in the country or just politics for the sake of politics. A person who grabs power at gun point thinks himself to be a total wisdom and above the law. A person who comes to power throgh vote thinks that he is not to be questioned by anyone except the voters, that too after five years, and if people vote him in power again, he is absolved from all criminal and immoral acts. It is fact that if a politician stands in front of a crowd and while making an emotional speech, asks the crowd to authenticate his innosence in a criminal case which has otherwise been proved in a court of law, the crowd will certainly support the political leader by raising hands and sloagans. What should we do then? It is food for thought for all the citizons of Pakistan, as the political maturity of general public to reject their corrupt leaders may take many years to take route.

  12. People of Pakistan deserve no change, it is beyond any logic that they still love to stick with these two parties who have been tried several times before.

    I wish that people wake up and at least try with someone new (like Imran Khan).

  13. I pray that sense may prevail, instead of emotional oxymoron, one like that of M.A.Hasnat. (Ref: “Democracy is the best form of government for any nation, but if that system puts a twice convicted person to the highest office of the country, then we need to dismantle the entire system”) If democracy is best, and that too for ‘ANY NATION’ then its meaningless to talk of dismantling it, if YOU think that it has placed an improper person somewhere. The majority of this country, who brought him/her there DOES NOT think so. The MQM and his associates are sentenced convicts, have sought political asylums, etc, yet, if people like them (whatever the truth may be) how can Hasnat or Richard superimpose their views. My dear, everything has to go through a PROCESS and it takes its course. Either ‘democracy’ is not best (IT IS possible) or ‘indiscriminate democracy’ is not good, OR what is the best system in Pakistani part of the world is a good big detail – beyond the scope of the moment right now. The most SANE comment I could read through (an accidental reading) is that the present people, whoever they may be, must get at least ONE TERM completed, so that, over the course of time, ‘Democracy’ be given its chance to AUTO-CORRECT, and better sort out the things for you…….

    Am I allowed to put a question? if yes, is your judiciary, army or any other institution above the law? or for that matter, what do you say of a justice who took oath under PCO in the first place, and then later condemned a similar act?

    May God bless you all!

  14. hi richard….i don know who you are but let me tell one thing is that…..by the grace of God its just a begining to a shiny pakistan…i think it doesnt matters that any person either from judiciary or from admin has broken the laws in past or not…now if someone of them making right moves in the favor of pakistan and making repentence upon their sins then let them to give there shares….only one thing is required frm you people for the betterment of our country…i.e change your attitude..and the problems would be solved automatically inshallah..LONG LIVE PAKISTAN

  15. Accused mazhar rafi additional home secretary federation of pakistan committed murder of rx capatain pakistan army amanuulh khan ghilzai in conspiracy with railway police karachi region at drigh road railway station on 19th august 1984 by administering poison and to conceal the crime secretly disposed of the dead body. It has relevance with za bhuttos judicicial murder.

  16. I AM IN FAVOUR OF DEMOCRATIC GOVERNMENT .IT SHOULD COMPLETE ITS TENURE.LET THEM COMPLETE 5 YEARS PERIOD,SO THAT WE COULD SEE THE GOVERNANCE.BUT AT THE SAME TIME WE WILL NOT ALLOW ANY ONE FOR MONEY LAUNDERING.ALL THE PEOPLES SHOULD FACE THE TRIAL AND THEY MUST NOT AFRAID IF THEY ARE INNOCENT.

  19. I totally agree with Safdar durrani stance that the democratic govt: should complete his tenure, but i am sorry about those currupt parlimenterians who are also belong to ruling party. They also complete thier tenure? Do u think that this govt. is loyal to the poor people of pakistan and they are working for their welfare? you will hear from every corner NO. I am of the opinion that those should complete the tenure whose past and present is clear. And the other needs “OPERATION RAHI-NEJATH”.

  20. Judiciary – from Lamb to Wolf.

    Ever since assuming it’s independence, our judiciary’s performance has been far from desired. It is becoming most evident by the day that there’s still a long way to go before we expect reaching our destination of having a truly independent, impartial and just judicial system. Our adjudicators have failed to digest the freedom they suddenly find themselves in. They are behaving like a person, starved for years but after finding the food suddenly, is in a hurry to eat every thing up. Far beyond than what he can digest and of course more than what he can sustain. Thereby, gone under a serious danger of chocking himself to death, not by hunger but by over eating this time.

    Extremism has been our national character. We go from one extreme to another but never try to be rational or to find equilibrium. Always loose sight of the objective and continue doing the same mistakes but only from a different angle.

    We may forget and perhaps forgive too, what this judiciary was doing before the ousting of CJ. But what we cannot over look is their performance after being reinstated by the elected government. Their first and foremost job should have been to reform themselves, concentrate on ways and means to remove obstacles in the line of justice. They should have come up as role models by starting accountability in their own constellation, as they had always claimed. Don’t they know of the corruption in high courts and specially that in the lower courts!! Where, it actually matters.

    However, judiciary not only fully politicized itself, but emerged as a political party and a pressure group, craving for more and more share in power. Instead of being a savior, protector and an interpreter of the constitution, it is now playing administrators and legislators as well.

    From a most docile lamb, it has transformed into a wolf. From a hereditary habit of saying YES to every dictator, they have now decided to say NO only, just for the sake of it, making it a matter of prestige than justice, a useless exhibition of power. The urge to display their (reckless) power has gone so strong that they entirely seem to miss the objective behind their actions. It’s prime example is the recent demolition of Plaza’s, that seems to be aimed at nothing but purely a demonstration of power and supremacy. Not realizing, they’re cutting the very branch they’re nesting on. Good or bad, whether to their like or dislike, it is the democracy that has given them this chance. They could do nothing as long as Musharaff was in power, their long marches and protests could not reinstate them. It became possible only after Musharaf left and Zardari became the president. Yes, Zardari didn’t want to reinstate them, yes, he did it most reluctantly, yes, he was forced to do it. But why do we forget, our judiciary was also FORCED to take a principled stand. Had Musharaf not dismissed C.J, our judiciary would still be sleeping, as ever.

    If we all are willing to forget what made our judiciary take a stand, why can’t judiciary forgive and forget what made Zardari reinstate them!, what matters is that he DID. As a matter of fact, it was not Zardari who reinstated the judges but ONLY democracy (even though it’s more of a feudal democracy at the moment).

    Though, judiciary has behaved and reacted in a rather normal, or perhaps a natural way. By starting to attack the same system, that restored them. However, that is what you expect from the average or below average people. This is not some thing one can even remotely expect from the most highly educated and reformed judicial fraternity.

    They have utterly failed to show impartiality, they have failed to stay away from politics, specially, the power politics. They have failed to show character and qualities expected from refined, thorough and dedicated adjudicators. They have emerged as the strongest pressure group, failing to build their image as a truly AZAAD ADLIA, instead, chosen to appear as SHARIF ADLIA, at the most, which is nothing less than catastrophic.

    Seeing, how immature our judiciary has performed after its reinstatement. They don’t appear any different from our politicians, who also need a few decades to reform themselves. All those who believe in democracy as the best system, who believe that it will be only through allowing democracy to run that we can find reformed and honest politicians. Must also understand that we will find reformed and honest judges only if democracy is given the chance to prove itself. Otherwise, the whole system will collapse, including judiciary, yet again.

    Already we are seeing splits among lawyers, while judiciary rapidly looses it’s support and credibility among public, becoming as controversial as all the rest. The most recent incident of government’s withdrawal of notifications for the appointment of Justice Khawaja Sharif and Justice Saqib Nisar, cannot be seen as a victory for justice. Not even a victory for the judiciary. It only tarnished their already weakening image for being impartial and non-political, even further. We don’t see Prime Ministers and Chief Justices meeting to resolve a sub judicious matter in any civilized country.

    It is imperative that judiciary must begin to show some restraint. Begin focusing upon it’s own business, instead of trying to administer or to legislate. Don’t cross that thin line where this whole system has to be wrapped up. They must adapt a very careful, slow but a steady approach. Postpone all those political issues, adventurous agenda and point scorings for some time. Concentrate on those core issues that concern the lives of common men. Strengthen the accountability system, reform themselves, activate consumer courts to bring all those to task who are responsible for cartelization, hoarding and market manipulations. Do not open too many fronts at the same time, take them on one by one but make every thing conclusive. Don’t handle it like the sugar scandal, where so much was said but at the end nothing was actually done. Freedom of judiciary is meaningless if it does not translate into freedom of people.

    They must learn to build a reputation through their actions and not through mere intentions. They may have a heart of gold but so does a hard boiled egg.

    Fawad Ahmad.

  21. Benazeer Bhutto while alive had said she did’nt need uncles anymore.It was Benazeers sealed will open by her son Bilawal in the presence of many people that Mr.Zardari was chosen the party leader.In the aftermath of Benazeers sad demise zardari has acted admirably well in that he not only saved the party from disintegerating but also the country by saying”pakistan Khapan” when emotions were running high.

  22. According to my opinion now we have to look forward for the betterment of our country let the elected goverment run according to their choice if they failed then v have power of vote which v can use in next election.
    Judiciary should calm down specially in Swiss cases v have already waste lot of our tax money in after it.
    Thanks Shahzad

  23. in my opinion supremecourt should aply the law force fully to crush the crruption. i am not agree with the vote. pakistan No.1 problem is crruption and all crrupt elements polition,buracrasy all needs to delt with the iron hand.

  24. What the politicians want to do with our nation and in response what the nation is doing………
    all is evident in the by election , people kept on voting to the culprits of PMLN and PPP , so we are going towards the disaster because morethan 70% of population is illiterate and ignorant so how they can choose a right person for them???? Military and Supreme court must act soon to save the nation otherwise the politicians put the nation to death. Moreover our so called literate person never think of collective interest and ever like to feather their own nests. so let the Military and Supreme court to save our nation and slaughter the culprits publically

  27. The thieves in the garb of military and civil bureaucracy have taken advantage of goofy politicians and people of Pakistan were the true sufferers. The interests of this troika are common. I wish to establish a political party namely POOR 99.9% to throw away .1 % elite which is possessing 99.9% resources of this country. I hope poor 99.9 % can do it if they decide to wake up for their benefit and benefit of their next generation.

  28. Salam Pakistan,
    i would like to say little bit about our politicians MR.President please stop sucking blood of people of pakistan u should concentrate on people of pakistan rather than concentrating on ur own Swiss accounts this time to serve the nation properly heartidly MR.President this time u must have to keep focusing on the economy of the pakistan our economy is goin into crisis u would have to boost it up Kindly this is on the behalf of the whole nation a keen request to ya plzzz stop looting pakistan n save it goin to the hands of our enemy thanks n regards Muqtadir Mansoor

  31. It is with great amazement and intrigue I read this website for the involvement of USA in all Pakistani affairs is very mysterious.
    Did USA and Western countries already know TEN years ago about the MINERAL deposits in the Afgani/Pakistani region? They also know about India but India is a kufr land and will not fringe at attacking mothers, children for material same like the kufr west.
    Muslims have conscious and the greedy west, israel and neighbor kufr are taking advantage of that good human character.
    May God punish them BEFORE they get their dirty hand at Afgani/Pakistani MINERALS and a while lot of other “gooodeies’ to USE in their Western countries—- These are shameless robbers.
    I also see how Pakistan’s media in every corner is COMPLETELY “infiltrated” by fake “humanity” organization with Christian and Israeli SPIES pretending to be doctors, engineers, pilots, scientists, teachers—ALL from the secret services of Moussad, CIA and Europe.
    LOVE EACH OTHER and do not catch the CURV BALL thrown at you from USA and Europe Anti-Muslims. GREEDY Pakistani’s are the WEAK-LINK !!
    There are NO terrorists except USA and Israeli trained Hindus who speak Urdu & look like Pakistani. Do you know there “grandfather”?? NO for they are not- NOT– NOT – Pakistani.

  33. Do we deserve democracy where vote of an illiterate (with due respect for being a human being/for his honest hard work) sweeper, who has no common sense or general knowledge, equals an intellectual like Dr Mubashar Hasan or Dr Ata ur Rahman?
    Democracy might fit in literate societies. in Pakistan it is imposed by West for their vested interests, why don’t they impose it in Middle Eastern countries? it doesn’t suite them.
    We need a governement of intellectuals and technocrats, with local governements, where people with clean slate are elected.
    if democracy is a must, a simple option is there. a person once disqualified should be disqualified for a life time. anybody having a court case should resign and not try for office till cleared by court. everybody should be accountable like Hazrat Umar was as a caliph.
    If you don’t like to have Graduate Parliamentarians, the voters should be Graduates to have vision to select proper candidates.
    its high time we wake up, identify enemies within/outside country and within ourselves due to our intolerant attitudes.

  34. How is the West imposing Democracy in Pakistan? No. ABSOLUTELY NOT. We have FOUGHT and DIED for the right to rule ourselves and not be ruled by some Baboos. YES AN ILLITERATE SWEEPER HAS SAME RIGHT TO DECIDE HIS OWN GOVERNMENT AS ANY DR SO-AND-SO. You say you want “a governement of intellectuals and technocrats, with local governements, where people with clean slate are elected.” Where will you find this fantasy brigade of technocratic angels?!? It is high time you wake up and stop living in your dream world and join us on planet Earth where we have to live in the real world.

  35. @Fatima…Please be polite in your comments and do not make personal attacks. Even if you disagree with someone that is fine but you must disagree respectfully. No name calling will be tolerated.

  38. what democracy r u talking about ppl….????barely 50 percent peolpe casted votes .out of those ,count out the baradri votes and those cast by women who`re told by their husbands who to support………even if half of the votes are left behind,how many of these 25percent ppl were educated enough to decide for their good and that of the nation?is this democracy?25 percent uneducated brutes who dont even know what 2 plus 2 make know who to vote for?and then they complain about army taking over the ‘democracy’…at least soldiers have an intellectual level of a human being unlike our ignorant masses and politicians..

    • Mr. Hamza! this is the lame argument often put by military rulers in order to justify their unlawful and unconstitutional acts. Musharaf used to say that the silent majority is with him. if 50% people caste their votes it doesnt validate the idea to roll back the democracy and put the country in some ill hands. this country was achieved by politicians and let them run the country. let the politics and politicians be mature enough.

  41. The Zardari is begging to the whole world for the Aid to Flood victims, but why he do not bring out his own dollars from swiss banks for which even supreme court have to ask for help to Pak Army to support his verdicts about NRO beneficiaries. PPP is a total failure govt in its time people are dieing every day in hundreds and there is even no decrease in smiles of the faces of rulers of this country. I think this is Pakistan worst time period.

  44. SC+ Military = Disaster but if people of Pakistan make SC+ Military + Public = Justice.

    They can ask for new election and reject all corrupt politician. SC will trial all corrupt politician and Military take action against them. Police should not involve in all this process.

  46. SC AND MILITARY AFTER ALLAH ONLY ONE GUARDS FOR PAKISTANI’S AND MAP OF PAKISTAN TO SAFE OTHERWISE THE CURRPTOUPTEST MAKKAAR, BLACK SHEEP, GHULAM DAR GHULAM , BEHISS , BEGHARAT, AYYAASH, HARAAM KHOOR,ETC DANGEROUS FOR LOVLY PAKISTAN AND PAKISTANI’S.
    LILLAH IN KAMEENOO SE PAKISTAN KE HER MEHAKMAY SE KICKOUT KARO, INSHAALLAH WO DIN DOOR NHI JAB IN KO YE MAZLOOM, MAJBOOR,BEBASS AUR MAAYUOS PAKISTANI IN KO FOOTBAL SAMJH KAR KHELENGAY.. INSHAALLAH. PLEASE ,PLEASE RELEASE MY PAKISTAN AND PAKISTANI’S IN THAT CURROUPT TAREEEN PEOPLES.
    BLACKSHEEPS.
    PAKISTAN ZINDA BAAD

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