Justice Iftikhar as a President?
By Farid Masood • Apr 24th, 2008 • Category: Politics, Worth A Second Look • 27 Comments •People are talking about the disposed Chief Justice of Pakistan, Mr Justice Iftikhar Chaudhry that he must think to become the President of Pakistan. A private TV Channel is also telecasting some concept like that. People shown giving their views in favor that he should become the President of Pakistan.
The problem with our society is that some times we just ignore the core issue of attention and exaggerate the matter. In the case after November 03, 2007 the core issue is the restoration of Judiciary to November 02, 2007 level or if I say at July 20, 2007 level might not be wrong. The restoration of about sixty disposed judges is basically the restoration of judicial system. Reforms in our judicial system are much needed now. If we think that Justice Iftikhar Chaudhry is our hero then the hero should be given a chance to improve the system till he retires. Although he was the man who took oath under PCO (Provisional Constitution Order) for which his senior then Chief Justice of Pakistan refused to do so. But after March 9th 2007, disposed Chief Justice stood up and became a man of voice supported by the nation. This support was extended to him as nation got a void to release its anger against the government.
This anger of the nation was due to the wrong doings of the government and some good deeds by Justice Iftikhar. One that he had created a human rights cell in the Supreme Courts of Pakistan and a citizen could reach him in a cost of rupees four only (a dak ticket). Justice Chaudhry took actions on such applications and there were more than six thousand such application received by the Supreme Court around the country.
This and other good roles the disposed CJP must play after being re-instated. He must become an example and rule out all lame allegations on him by President Musharraf, which became cases against him. He must work for the improvement of the existing judicial system along-with his sixty colleague judges. I am sure till the end of his tenure, we may see a lot of improvements in existing judicial system of Pakistan because he has relevant experience under his belt and know the pros and cons of the system.
There is a rule that any person serving Government of Pakistan could not become President of Pakistan until he has passed two years after his retirement / resignation. Past has gone we must honor this rule.
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I think this man (Suo Moto Iftikhar) should be prosecuted by an open trial for giving a halt to the progress and development of Pakistan, rreleasing terrorist from prison, interferring unnecessarily in gvt. day to day affairs. He is the mean, ego-centric and selfish person with idden agenda of destablizing country. He is a characterless person who took oath under separate PCO by himself
This man and president of Pakistan!!!
Are you mad, Farid? He is an ego-centric person and partly responsible for the 12th May bloodshed. Believe I would have been AAshique of Iftikhar, had he cancelled the Karachi visit on 12th May.
Do you know all the foreign investment has been stopped since 9 March, 2007 due to this man’s stubbornness. I wish he had announced his retirement sn after his meeting with Musharraf only for the sake of the country.
Farid Sahib, kya bat hai. Purana rung wapis a raha hai. Keep it up.
Aashique of Musharraf, only Sehba Musharraf has the right to become Aashique of Musharraf. If you are Sehba Mush, then its ok, otherwise you dont have the right to use this nick.
I still remember my those little fights with Farid at the old site, but he is a dude writer and should be writing more, and CJP or no CJP this Mush must go.
Sehba Chaudhary,
I am sorry that it hurt you so much but why did you change your name from Sehba Musharraf to Sehba Chaudhry!!!????
I will remain Aashique of Musharraf which in my opinion = Aashique of Pakistan. I don’t understand till now what wrong Musharraf has done to Pakistan and really people very7 eak memories;
completely forgotten what were the socio-political situation prevailed when he took over the reign of the country.
I still remember I was in Dubai taxi stand at that time when Pakistani taxi drivers were celebrating that news, hugging each other, distributing sweets and on my enquiry they told me Army take
over in Pakistan.
If Musharraf’ danda (58 2 B) gone there will come the revival of 1988-99 era which only I fear!!
Dear farid it’s good that your perception and motive to see Pakistan in to a systemized and monitored state is to be appreciated and second. However, alittle bit of knowledge on the subject is sometime dangerous to the consumer, or the reader who similarly enters such a platform of intellect, so to aware himself of the current scenario for want of knowledge and opinion of expert .simply quoting the version of public opinion and news does not qualify to say that and all demand of sharing of responsibility has been accomplished.
When some one is to express view on public platform, the element of responsibility is that what has been floated had been responsibly delivered and expressed after research, references, citations and interpretations and with conclusive result in the form of opinion and remarks and suggestions.
Such detailed researches are called dissertations and its initial abstract are called synopsis.
Please do not get annoyed as whatever in life is experienced once becomes the part and parcel of the rest of life if conveyer has conveyed efficiently and receiver has assimilated effectively.
• To come to the point of my critical reason for this scrutinize and unkind behavior, this is to bring under your kind observation and as well as to the readers that no such excuse or justification is at applause presently in service rules and regulation and constitution. the same clause has been amended deliberately by the honorable general, and he has then taken the office of the presidency after complete amendment as per amended legal constitution.
• Article 41
Clause (1)
There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. Clause (3)
The President to be elected after the expiration of the term specified in clause (7) shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of-
(a) The members of both Houses; and
(b) The members of the Provincial Assemblies.
Explanation: will surrender (relinquish) the office of chief executive after having mandate as president and will continue the office for five years.(authoritative provision of supreme court judgment//constitution).please see explanation is to make understand the article to those not having expertise in constitution language and script.
Ø Clause (6)
The validity of the election of the President shall not be called in question by or before any court or other authority.
Ø Clause 1(7)
The Executive of the Islamic Republic of Pakistan-
(a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgment of the Supreme Court of Pakistan of 12the May 2000; and
(b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, relinquishing the office of Chief Executive, not with the standing anything contained in this Article or Articles 43 or any other provisions of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office of term of five years under the Constitution, and other provision of the Constitution shall apply accordingly.
; 2 provided that, paragraph d of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.”
Clause 3(8)
Without prejudice to the provisions of the clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government Under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever:
Clause (9)
Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confident referred to in clause (8) shall be regulated and conducted by the Chief Election Commission in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government:
Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office.”
1 Subs. by the Legal Framework Order, 2002(C.E’s.O.No.24 of 2002), Art.3 and Sch, for cl.(7), which was previously amended by P.O.No 14 of 1985, Art.2 and Sch.
2.Sub an added by Act No III/2003,dt 31/12/2003
• Article 44
Ø Clause (1)
Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office: Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Where as to the rest of my queries ,you have your selves admitted that he was the person who betrayed the nation once by taking oath under PCO ,and his senior refused to take the office.
Once a traitor always a traitor .can you spare a soldier for being a traitor to the nation if he does it so .
Dr Raza
You could be the next contender for the presidency ;I mean after 5 years.
Farid Sahab, I suppose you are referring to the DEPOSED chief justice and you could not have meant DISPOSED cj - right? You have suggested that the former cj must think about becoming president of Pakistan. Of course, he can think (one would hope that he can!) like you and I and any other Pakistani citizen and human person (he is one I am certain about that!).
I am inclined to agree with you that we are prone to sentimentalism and exaggerations in almost everything we do. I am also in agreement with you that the former Chief Justice has played a role. It is true that he has created a great precedence and that from now on it will be a great deterent for any dictator military or civilian (e.g. PML-N example of disgracing the then Chief Justice of Pakistan Mr. Justice Syed Sajjad Ali Shah) to cow the judiciary. He has done a helluva job. But now, he must accept that at least for now he has no role to play. He has politicised his person too much and his own integrity will always be questionable. And I really don’t want to wittness him totally demolished; I would hate that day if and when incriminating and beyond doubt evidence are displayed against him. It would be a sad day. Best course and most honorable, I might add, will be he goes now and comes back later as a politician and be our Prime Minister because Presidency is just a figure head. He must play a role of a reformer it must be as Prime Minister of Pakistan.
Dr Razahaider & Aftab S. Alam
In my view both nominated gentlemen are just title readers of each post on TPS. I clarify again my point of view:
I have just qouted the ” People are talking about the disposed Chief Justice of Pakistan, Mr Justice Iftikhar Chaudhry that he must think to become the President of Pakistan. A private TV Channel is also telecasting some concept like that. People shown giving their views in favor that he should become the President of Pakistan.” I had not supported this point of view.
I meant what I have mentioned in the last two lines of my article. Please read the article not the titles and start commenting.
regards
Aashique of Musharraf
Please start lobbying as we need another president of Pakistan to replace Mush after July 2008. So start search for your new Aashique
Aashique of Musharraf
What do you mean he distributed guns in Karachi during his visit of May 12, 2007?
Please re-think he is responsible of bloodshed on that day or the man who waived the punch after hearing that more than four dozen people were killed? Who is blood thirsty, decide yourself?
Saba Ali
Welcome to the show after a long while, I honor and enjoyed those fights, are you reading Mr Naeem or not?
No, Farid Masood, what you write is not so difficult a concept that I can not comprehend. You are just trying to be sleek by quoting media, if you borrow their reporting and use it here you are quasi responsible for it and must be prepared to face the music in response to this loaded propaganda. Media is itself in need of reform, all they care about is their profits and the only way they know is by sensationalizing non issue. If only they were doing their job honestly we would not be where we are today.
Farid Masood: “There is a rule that any person serving Government of Pakistan could not become President of Pakistan until he has passed two years after his retirement / resignation.”
I said: “But now, he must accept that at least for now he has no role to play.”
Farid Masood: “Past has gone we must honor this rule.”
What is that suppose to mean?
Aashique Of Musharaf = Aashique Of Pakistan.
Joke of the day. God bless you.
“…he is a dude writer …” ? ?
Aftab S. Alam
are you on TPS just to enjoy useless comments or you really read articles, tell me?
I repeat for your kind information that past is gone we should now start to obey the rules, that If a person wants to be the President of Pakistan and he is in the service of government of Pakistan, he must get retired or give resignation and wait for two years to be qualified for the Office of President. Even that person is CJP, You or me. Now you got my point or i should write in Urdu?
Iftikhar was a MOLE of PML-N , He will always remain a MOLE.
BEFORE THE THOUGHT EVEN STRIKES THE PEOPLE IN POWER THEY MUST FIRST REMEMBER THAT THIS CJP CAN BE HELD RESPONSIBLE FOR ALL THE RECENT TURMOIL IN THE COUNTRY. A VERY SIMPLE REFERENCE WAS PRESENTED BY THE PRESIDENT TO THE SUPREME JUDICIAL COUNCIL - AS PER THE CONSTITUTIONAL PROCEDURE. THE CJP INSTEAD CLEARING HIMSELF, SOUGHT TO DERAIL THE JUDICIAL SYSTEM BY HAVING THE FULL BENCH OR WHATEVER HEAR THE CASE AND .. THE REST IS HISTORY. EQUALLY RESPONSIBLE IS THE SO CALLED LAWYERS MOVEMENT AND THE CIVIL SOCIETY (I DONT KNOW WHICH ONE ?)
SO FOLKS LET US JUST SCRATCH OUR HEADS AND THINK .. WHAT IS THE “AWAM” GOING TO GET OUT OF ALL THIS …… ? WHEN IS THE GOVERNMENT WITH THE SO CALLED MANDATE GOING TO ADDRESS THE PROBLEMS OF THE PEOPLE … OR IS THERE ANOTHER “MURREE” OR “SOMEOTHER” ACCORD NEEDED BEFORE THINGS CAN MOVE ON ?
Tell you what with your screwed up ideas even if you write in Urdu you won’t be able to make much sense; nonsense is nonsense in any language. Believe me. You are used to compliments like “….he is dude writer….” ! So, continue being a “dude writer”.
I am sorry I am not here on TPS to massage bruised egos for that you will have to find a good shrink. Good luck.
Aashique of Wardi,
you are simply gonna mad. try to see in your self first and then call others mad. You dont have even own identity and abusing on Chief Justice Of Pakistan. There is only one leech in whole system i.e. The one whom you licks Musharraf (bay khaal). You bloody fools, how you can abuse others.
Aftab S. Alam
My simple and clear message to you, please please please read the whole article before commenting. This is a forum to create a point of view of goodwill for the nation, not for people who just come here with an average and predefined mentality. No nonsense is required, my point of view was what Mush has done was wrong and this should not be repeated by making CJP a President. If he has to become President he should resign and wait for two years. Have you any sensible idea please float on TPS, otherwise keep quite.
Correction in the last line last word
‘quiet’
F. Masood, you seem to be suggesting that when you in your wisdom are trying to “create a point of view” which is so outlandish that it becomes responsibility of thinking people to point this out? Your claim of writing in the interest of “goodwill for the nation” must also be vehemently contradicted. Simpley read your own writings of last few weeks and it will “impress” you that how systematically you have been an instrument of divisiveness. When you talk about your “Mush” I just laugh at your pettiness, it almost sounds like you are talking about your neighbors’ sister’s friend’s brother-in-law, and not about the president of your country. The president is not my cousin or my cousin’s cousin - he is the President of Pakistan who has the privilige of being Head of the State (The Federation of Pakistan). As far as TPS is concerned, you would like to give the impression as if you have monopolised it, may be you wish so. Let me just give you a little tip. You can not monopolize KNOWLEDGE, INFORMATION, and yes even a public forum. For this first you have to have Intelligence.
He can be a goalkeeper of pakistan Hockey team
Aftab S. Alam
no more words for you, Mush is a illegal President, if he has to be legal he has to get himself vetted from the current assemblies. He toppled Judiciary for the sake of his chair. and you people are part of his game, being president of Pakistan one must have to disengage from political parties whereas, he is getting support of Political Parties till now. you all are afraid of revival of Judicial system in Pakistan. Wait for a week when the judiciary is re-instated i will then talk to you, by then good byes
Untill the president decided to resign, or he is impeached by the joint session of both the Houses of our parliament with 2/3 majority he remains our president for a five year term, your and mine and the rest of nation, the President of Pakistan with full honour and contitutional support.
i like c j p iftikhar ch must bi come cjp inshaallah