12th May + 2 Days
By Rohail Butt • May 8th, 2008 • Category: Politics • 9 Comments •Both PML-N and PPP knows that giving a new deadline date would be detrimental for their political prestige in the country, so they are talking about 12th May and two more days as a grace period for the final decision regarding the reinstatement of the deposed judges.
It’s not about the jobs of some judges. It’s about the only way to take vengeance from the man who has choked the nation all these years. It’s about dictator versus us. It’s about forces of status quo versus forces of change. It’s about tyranny versus and democracy and it’s about subjugation versus justice.
The man who ruthlessly killed people in Waziristan, Balochistan, Lal Masjid, Jamia Hafsa and who only added to the miseries of the Pakistanis has to be defeated by restoring the judges who said ‘No’ to him after all. Pakistanis want their revenge. All their miseries and hardships are due to this single man who has just acted to save his illegal coup. All this flour crisis, power and gas crisis, food crisis, dismal law and order situation is due to no-planning and no-management of the Musharraf era.
If Judges are not reinstated then it means that the Musharraf era is still going on. PDA government has got 12th May and then two more days to clear the picture for the nation.
Last 5 posts by Rohail Butt
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sir musharraf era is still going ,he is the president of pakistan ,and will continue the same .rest of your favorities in assenblies could not even restore judges although ,every body is of wrong perception that simple resolution can tear what is called a constitution.please come out of fake logics .if this could have done with a resolution it would have been done the first day .every body is enjoying lavish dines and fabulous parties .law minister neck has become thick enough with red cheeks ,within a month.only president can restore .this is not my version its lawand constitution.just ask clemency to restore with the president he has the authority by virtue of his appointment .mind you even its not musharraf or any dick ,appointment lies in the hand of president .
sir musharraf era is still going ,he is the president of pakistan ,and will continue the same .rest of your favorities in assenblies could not even restore judges although ,every body is of wrong perception that simple resolution can tear what is called a constitution.please come out of fake logics .if this could have done with a resolution it would have been done the first day .every body is enjoying lavish dines and fabulous parties .law minister neck has become thick enough with red cheeks ,within a month.only president can restore .this is not my version its lawand constitution.just ask clemency to restore with the president he has the authority by virtue of his appointment .mind you even its not musharraf or any dick ,appointment lies in the hand of president .
· Article 176.
The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of [Majlis-E-Shoora (Parliament)] or, until so determined, as may be fixed by the President.
· Article 177
Ø Clause (1)
The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
· Article193
Ø Clause (1)
A Judge of a High Court shall be appointed by the President after consultation-
(a) With the Chief Justice of Pakistan;
(b) With the Governor concerned; and
(c) Except where the appointment is that of Chief Justice,
ü Chief Justice of the High Court
· Article195.
6 A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
6 Subs by Act No.III/2003,dt 31-12-2003
· Article179.
1 A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.
1 Subs. by Act No III/2003,dated 31-12-2003
· Article270(C)
1Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cessation of office shall have effect accordingly.
1New Article added ibid
· Article270AA.
Ø Clause (l)
The Proclamation of Emergency of the fourteenth day of October, 1999, all President’s Orders, Ordinances, Chief Executive’s Orders, including the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date onwhich this Article comes into force (both days inclusive), having been duly made areaccordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.
Ø Clause(2)
All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made; taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Chief Executive’s Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.
Ø Clause(3)
All Proclamations, President’s Orders, Ordinances, Chief Executive’s Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by the competent authority.Explanation.–In this clause, “competent authority” means,-
(a) in respect of Presidents’ Orders, Ordinances, Chief Executive’s Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and
(b) In respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
Ø Clause (4)
No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
Ø Clause (5)
For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.”.
1Subs by Act No III/2003,dt 31/12/2003
ü Validation and affirmation of laws
· Article 270B.
Ø Clause (2)
All orders made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
· Article 270C
1Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cessation of office shall have effect accordingly.
1New Article added ibid
· Article 271.
Ø Clause (3)
All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.
· Article (273).
(a) in respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
Ø Clause (4)
No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
Ø Clause(5)
For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.
Ø Clause (6)
Such of the President’s Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.
Explanation. – In this Article “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders”]
ü Continuance in office of persons in service of Pakistan, etc.
APPLAUSE
please do not blame mr zardari ,aitazaz ,or nawaz,they are basically cuffed,let them enjoy their lives ,
The government is not at all serious about the restoration of deposed judges. If a matter is to be resolved you don’t keep on pending it giving new dates and forming committees, etc. We might have to wait bit longer for the turn of the tide.
talal you are right ,they are not seriousat all, i cant understand what is the problem to take people in confidence and tell them the exact situation and ground realitiesas per constitution or whatever .
“i cant understand what is the problem to take people in confidence and tell them the exact situation and ground realitiesas per constitution or whatever.”
Rightly said, they have never done it and I don’t think that they will ever do this. May be because they can’t justify their acts.