Better sense prevails, finally

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Better sense seems to have prevailed and the dust raised over the executive-judiciary standoff is likely to settle with both sides showing flexibility as a middle ground has been taken, with the government agreeing to implement the Supreme Court’s order vis-à-vis Establishment Secretary Sohail Ahmed, who had been made an officer on special duty (OSD) for issuing the notification to transfer Federal Investigation Agency (FIA) Director Hussain Asghar, and the court tacitly accepting the authority of the executive in matters of transfers and postings.
“The conflict is over and the issue has been settled,” a top official close to the president and the prime minister told Pakistan Today on Friday. When asked if the situation had returned to normal, he said: “One hundred percent… the system has to move forward…some agenda-pushers wanted a clash between the state institutions but the government would not come up to their expectations.”While the government reiterated its position that it did not want a clash between the institutions, it, however, did not budge from its position that parliament was supreme and its authority could not be undermined by any other institution. “There can be no compromise on the supremacy of parliament,” the official said.
Another source said the prime minister would decide on the implementation of the Supreme Court’s direction regarding Sohail Ahmed after seeking views from his legal team within the seven-day time limit stipulated by the Supreme Court. In the case of Hussain Asghar, he said, the decision would be taken after his return from Gilgit-Baltistan.
After the six-member Supreme Court bench asked the government to reinstate Sohail Ahmed within a week and appoint him to any appropriate post, and to let Asghar lead the Haj scam investigation team upon his return from Gilgit-Baltistan, former law minister Babar Awan told reporters that the apex court’s decision about Sohail Ahmed would be implemented without saying a word about the government’s position on Hussain Asghar.
He said the government always respected the constitutional jurisdictions of all the institutions including the judiciary and it would strengthen them further. “Those who want to create confrontation between the institutions will always be disappointed. The government has the ability to run the institutions aside from running the country’s affairs,” Awan said, adding that all back doors had been closed for those conspiring and the people of Pakistan would never allow anyone to subjugate the constitution.
While some elements in the government were supporting the idea that the government should take the judiciary head-on, others wanted it to implement the Supreme Court’s orders as it was a constitutional obligation. “The prime minister would speak in the National Assembly on this issue… but the content of his speech is being discussed in the party,” the source said.
However, he said after the development on Friday the tone and tenor of the prime minister’s speech would certainly not be harsh. “It’s a positive development but taking a position at this time would be premature,” he said, adding that the government had always been saying that it did not want confrontation between the institutions.
To review the overall political situation and the executive-judiciary tension, President Asif Zardari and Prime Minister Yousaf Raza Gilani co-chaired an important meeting at the Presidency. Governors of all four provinces and chief ministers of Sindh, Khyber Pakhtunkhwa and Balochistan, Punjab Assembly Opposition Leader Raja Riaz, Gilgit-Baltistan Chief Minister Syed Mehdi Shah, Azad Jammu and Kashmir (AJK) President-elect Sardar Yaqoub, AJK Prime Minister Chaudhry Abdul Majeed and Babar Awan attended the meeting. In a carefully-worded statement, Presidential Spokesman Farhatullah Babar said the participants reiterated their resolve to ensure respect for all state institutions and that they worked in a spirit of harmony and within the parameters of a “trichotomy of power” as enshrined in the constitution. “The meeting dispelled the notion propagated by some of a clash of institutions and expressed satisfaction that there was no danger of any clash among institutions,” the statement said. The statement said the participants expressed the view that the parliament reflected the will of the people and being the mother of state institutions, it was supreme.

3 COMMENTS

  1. Never once SCP-SHC took notice for public justice for thousand killed by target killings in Karachi despite Zulfikar Mirza exposing publicly the perpetrators in MQM,ANP,PPPZ.The coalition devils PPP-Z,MQM,ANP always played politics of dead bodies of poor innocent civilians to strengthen their positions in Karachi and Center by form coalition of PPPZ,MQM,ANP,MMA and lately ML-Q to protect their power ,ill gotten billions of dollars earned by commissions, horrible corruptions, loans ,bathakhori etc.Never did government convicted the perpetrators of target killings under their watch but buried under their blackmailing,munfak,qatlogharat,mokaprssti politics to make Pakistan ultimately Pakistan into Zardari state by the coalition of devils and ignorance of judiciary.
    The SCP never took to finish its judicial role but left it halfway to create further confusion by the end among people loosing trust in judicial independence won by long struggle by people,jurists,lawyers,political parties excepting for men like of Aitaza Hasan who politicized its victory by throwing it to the total victory of Benazir{she said she will raise the chief Justice flag at his residence)to make his CEC place in PPPZ by appeasing MR Zardari and other gains. The ‘mumafti’politics and we will not democracy process to derail’policy of Nawaz Sharif consolidated PPP-Zardari unconstitutional political,partisan conduct beyond any limit to disrespect, ridicule restored Judiciary during Dogar Courts and after him to disrespect every inquiry into corruption scams of HAJ,NICL,Swiss Banks since it directly belonged to MR Galani’son,Moonis Elahi,MR Zardari and many .It appears that judiciary has submitted itself to the coracive,intimidating tactics or else which may lead to PPP-Z,MQM,ANP,MLQ to believ the recent verdict as cartel bklanche to loot and plunder the poor, national exchequer by trillions of rupees as they wish to pile without any court,law,constitution restraining them since the rule of law belongs to MR Zardari,PPP-,MQM,ANP,ML-Q.Sad days ahead!!—UK
    UK

  2. Time and again CJP attacks Executive and tries to encroach into its domain. This is extremely unfortunate. What makes it all the more dangerous is close co-ordination with Nawaz Sharif and other characters like Imran Khan who has strong links with Israel. We all know his sons are being brought up by his ex-in-laws. Though, he talks a lot about ghairat. What a joke!!!

    In the past CJP used to indulge in lot of public relationing with officials of different agencies, even involved his family in the garb of family visits. He must shun all such activities.

    In order to prove his loyalty to the Constitution, he must voluntarily present himself for accountability under Article 6 for the treason he committed in validating Musharraf take-over and giving him authority to amend the Constitution. Till then, he has no right to mention the word ACCOUNTABILITY.

    The hype created in recent days seems to have defused a little bit. This is not due to restraint on the part of CJP. He clearly felt that Executive was in no mood to give in. It is indeed very surprising that Sohail Ahmed or Hussain Asghar never approached him for any relief. There are so many other petitions pending in which petitioners have repeatedly requested for a hearing but CJP is adamantly not taking them up for hearing. He does not want to hurt his beloved Nawaz Sharif. How unjudgelike behaviour … Even a kangaroo judge would behave better.

  3. But there appears a extremely soft corner for Z.A.Bhutto,Benzir Sahib to not touch President Zardari and Prime minister,Galani who are shamefully corrupt and ruining country.How conveniently both and Rehaman Malik,Babar Awan etc claim to respect judiciary while in practice they ridicule and humiliate SCP because of their un-understandable patience for PPPZ and MQM.The prime minister,PPPZ,Chairman-President,PPPZ could had been convicted for contempt of court and for obstructing course of justice deliberately. all in malafide for transferring honest investigating officers timer and again but it shows its soft cporner for Benzir-PPPZardari who has systematically ruined Pakistan though Raza Galani,Babar Awan,Rehman Malik etc and by either submitting to their coercive or intimidatory tactics or soft corner;every one else will be emboldened to disrespect highest court order and how will rule of law come about?

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