The following warnings occurred:
Warning [2] count(): Parameter must be an array or an object that implements Countable - Line: 802 - File: showthread.php PHP 7.4.29 (Linux)
File Line Function
/showthread.php 802 errorHandler->error





Post Reply 
 
Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Proclamation of emergency: CJ hints at revisiting earlier judgement
05-29-2009, 06:44 AM
Post: #1
Proclamation of emergency: CJ hints at revisiting earlier judgement
QAMAR UZ ZAMAN
ISLAMABAD (May 29 2009): Chief Justice Iftikhar Muhammad Chaudhry on Thursday hinted at revisiting an earlier judgement of the apex court which had legalised November 3, 2007 proclamation of emergency and provisional constitution order. The CJ observed this while hearing a case regarding non-confirmation of two judges at Sindh High Court (SHC).

A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed directed to club all the petitions pending against the non confirmation of Sindh High Court judges.

The bench also indicated to constitute a larger bench in order to address the issue and observed, "If needed a larger bench can re-examine Tikka Mohammad Iqbal case". Sindh High Court Bar Association (SHCBA) had filed a petition through its president Rasheed A. Rizvi against non confirmation of two Sindh High Court judges namely Justice Zafar Ahmed Khan Sherwani and Justice Abdul Rasheed Kalwar.

Both of the judges were appointed Additional Judges of the SHC on September 17, 2007 for six months which was later extended. After evaluating their performance by the SHC chief justice suggested for the regularisation of six judges including the Justices Sherwani and Kalwar.

The petition pleaded that the judges of superior court were removed unlawfully in the most unconstitutional manner but their ouster from the office were justified by the SC by validating November-3 emergency in the Tikka Mohammad Iqbal case which itself was contrary to the rules laid down by a 12-member bench in the Zafar Ali Shah case.

The decision in the Tikka Mohammad Iqbal case was without any legal sanctity, it added. The petition alleged, Secretary Law Agha Rafiq, with mala fide intent, wrote back to the Sindh governor that the term of these two judges had expired on March 3, 2009 instead of August 25, 2010.

The former chief justice also wrote a letter to the SHC chief justice asking to stop giving judicial work to the two judges the petition said adding the former chief justice could not act as the chief justice and therefore was not a proper consultee.

The petitioner had sought a declaration from the apex court that both the judges were still continuing in the office as judges of the SHC as Additional Judges till August 25, 2010 and that their term of appointment has not expired as opined by former chief justice Dogar. The petitioner also requested to direct the SHC registrar to assign regular judicial functions and duties as high court judges to the two removed judges.

The petitioner also raised a question asking in the presence of the chief justice, could Justice Abdul Hameed Dogar occupying the office of the chief justice under an unconstitutional PCO had made recommendations of appointment or removal of any additional judge of the high court. The court directed the Attorney General to file a reply and adjourned the matter for two weeks.

http://www.brecorder.com/index.php?id=2896
Quote this message in a reply
Post Reply 


Messages In This Thread
Proclamation of emergency: CJ hints at revisiting earlier judgement - Naveed Yaseen - 05-29-2009 06:44 AM

Possibly Related Threads...
Thread: Author Replies: Views: Last Post
  Emergency and disaster management NOC Mandatory on Building Completion in Capital Isl LRE-Azan 0 1,521 11-08-2021 08:08 PM
Last Post: LRE-Azan
  Emergency cell at CM House Lahore_Real_Estate 0 4,509 12-13-2010 02:00 PM
Last Post: Lahore_Real_Estate
  Motorway Police to launch centralised emergency helpline Lahore_Real_Estate 0 7,254 11-08-2010 05:15 PM
Last Post: Lahore_Real_Estate
  ICC hints at lesser penalty for Amir as Pakistan trio prepare separate defences Lahore_Real_Estate 0 3,786 10-04-2010 02:25 PM
Last Post: Lahore_Real_Estate
  DHA exempted from income tax as 'local authority': LHC judgement Lahore_Real_Estate 0 6,060 09-23-2010 03:02 PM
Last Post: Lahore_Real_Estate
  UK to double emergency flood aid to Pakistan Lahore_Real_Estate 0 3,522 08-21-2010 05:42 PM
Last Post: Lahore_Real_Estate
  China sents emergency aid to Pakistan Lahore_Real_Estate 0 3,126 08-04-2010 02:16 PM
Last Post: Lahore_Real_Estate
  Emergency Budget of UK LRE 0 3,263 06-29-2010 01:34 AM
Last Post: LRE
  Pakistan demands emergency sessions of UN, OIC Lahore_Real_Estate 0 3,556 06-01-2010 12:46 PM
Last Post: Lahore_Real_Estate
  LHC hints at action against illegal govt buildings Lahore_Real_Estate 0 3,291 03-26-2010 12:20 PM
Last Post: Lahore_Real_Estate
  Shahbaz calls for improving Punjab Emergency Service’s efficiency Lahore_Real_Estate 0 3,319 01-07-2010 12:56 PM
Last Post: Lahore_Real_Estate
  Jouranlism & Judgement (Aamir Khakwani) LRE 0 3,009 11-18-2009 10:34 AM
Last Post: LRE
  What to record in personal health journal for emergency use Naveed Yaseen 0 3,155 11-08-2009 06:37 AM
Last Post: Naveed Yaseen
  Islamabad: Fire brigade expansion : CDA fails to upgrade emergency services Naveed Yaseen 0 4,776 09-05-2009 05:13 AM
Last Post: Naveed Yaseen
  Punjab Emergency Service (1122) rescues 97,688 emergency victims in six months Naveed Yaseen 0 2,983 07-03-2009 06:41 AM
Last Post: Naveed Yaseen
  Only 31% use emergency lights during load-shedding: Survey Naveed Yaseen 0 3,184 06-24-2009 06:30 AM
Last Post: Naveed Yaseen
  Islamabad: Judgement reserved in CDA's I-11/12 land award dispute case Naveed Yaseen 0 4,042 06-06-2009 08:05 AM
Last Post: Naveed Yaseen
  Lahore: School vacations earlier than scheduled Naveed Yaseen 0 2,741 06-03-2009 06:58 AM
Last Post: Naveed Yaseen
  Women smokers get lung cancer earlier than men Naveed Yaseen 0 3,005 05-05-2009 06:22 AM
Last Post: Naveed Yaseen
  Pakistan to introduce insolvency law amid 'national emergency' Naveed Yaseen 0 2,967 05-01-2009 06:13 AM
Last Post: Naveed Yaseen

Forum Jump:


User(s) browsing this thread: 1 Guest(s)