The Hindu Press Council of India Chairman Justice and former Judge Indian Supreme Court Markandey Katju has said that the Supreme Court has no right to dismiss a Prime Minister or overrule the constitutional immunity given to the President.
In an opinion piece published in The Hindu on Thursday Katju said, “I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence”.
|He wrote that Section 248(2) of the Pakistani Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.”
The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the court should not twist or amend its language in the garb of interpretation, but read it as it is, he wrote.
“I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President”, Katju wrote.
Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court, he wrote.
Katju further wrote that the Constitution establishes a delicate balance of power, and each of the three organs of the state — the legislature, the executive and the judiciary – must respect each other and not encroach into each other’s domain, otherwise the system cannot function.
It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice, the former Indian SC judge wrote.
The former judge should mind his own business. Indian parliamentarians if found indulging in corruption immediately tender their resignation to clear their position. In case of rail accident the minister resigns whereas in Pakistan the minister says he is not responsible. India has strong democracy, ours is fragile democracy there is no rule of law, it is the law of rulers.This is first time higher judiciary is making every one accountable let us appreciate the role of judiciary for a change
Law is wax nose for the followers of Ziaul Shaitan.
Behave yourself, krahim. Just because there is an opinion that does not match with your or our vagabond of a CJ and his underlings should not mean that you become abusive.
i second u,rahim. mr.katju z right…our SC z playing 2 the gallery…lets face the fact…
Right. The countless number of times when the constitution was violated in Pakistan, India didn't say anything. Now when the constitution is violated for the betterment of the country, India butts in. And the constitution is not God's word. Merely expressing my opinion here too 🙂
who are you to decided that. stick to your constitution
india has values their court decide according rule but unluckly pakistani court decide after seeing face or what is favourit for them they hange former prime minister here nothing according rule indian subside for haj to their people but in pakistan ???????? in history of pakistan court seem like tamashbeen
man,yours are the same courts where those with known records of having hand in masaccaring minorities,demolishing religious places viz;gujrat riots and babri masjid havent been tried yet and u boasting.they are cm’s and home ministers.and u boasting
man,yours are the same courts where those with known records of having hand in masaccaring minorities,demolishing religious places viz;gujrat riots and babri masjid havent been tried yet and u boasting.they are cm’s and home ministers.
Honor'Able Katju is totally wrong. He shoud know even Indra Gandhi was sent to prison by the supreme court of India for violating the Indian constitution. Constitution is te Truth and the Supreme Court is there to uphold the Law. In any case the corrupt Gilani is out, an other corrupt fellow is Zardari – Judge might as well get rid of this dirty and immoral but elected president. Please judge thank you thank you really……
Well Well Well Our neighbors will never want corrupt and incompetent leaders to go out of office in Pakistan and we know why…..
Mr "honest" thekedar sahib, don't know how you manage your tweaks and keep yourself honest in this land of the pure.
Unfortunately PPP is the only party that has been called corrupt the most and prosecuted the most but nothing could ever be proved. Don't push them to the wall or Punjabi Shehri will regret for generations.
The worth former judge should gather some facts before passing a sweeping judgment over what transpired. The Pakistan Supreme Court had not been asking the premier to initiate criminal proceedings against the president. It sought revival of the mutual assistance request–withdrawn under the stupid, atrocious and discriminatory NRO. If Mr Zardari falls victim to the revival of the request for retrieval of money, let it be. Crooks, thieves and conmen are already barred from holding an office that is a symbol of federation.
As for the restrain part, the worth former judge–I believe in service of Indian government–should see the date (dec 16, 2009) of the judgment that required revival of the request.And let me say the constitution talks about honest presidents,upright prime ministers and welfare of the people. Who doesn’t know in Pakistan what has been happening in the cpuntry ever since the PPP government assumed power. Its the desire, will and welfare of the people that constitution wants, not immunities, disobedience and tricksters.
India and pakistan are the two sides of the same coin – same corrupt to core, extortionists governmental systems. Only magnitude is more in India. And while in Pakistan the corrupt persons might be in thousands, India has them in hundreds of thousands.
All the bureaucrats and politicians in India are corrupt to the Inner core – and that's the reason why more than 3/4th Of India is not able to get 2 meals, while 1% of the top cream consisting of corrupted people have billions lying abroad. Of late those billions have changed location from Switzerland to other safe heavens.
And now one of the most corrupt is going to become president of India – the so called democracy.
"100 ke 100 be-imaan, phir bhi mera Bharat Mahaaaaaaaaaaaan"
Rajeev, I think you hold our politicians in far too high a regard.
While its easy to understand, with India being so much bigger than Pakistan, both land & economically, there is more money to play with there, however, inspite of all the corruption, mayhem, atleast Indian pathetic & corrupt leaders did let others create their businesses & thereby grow the economy.
Pakistani President is hell bent on breaking the country, letting each of his current govt. officers eat as much as they possibly can. He is on record to have given the assurance to US General that they need not worry about Pakistani lives incase of murder by the American forces.
The Presidente along with his entourage will be held answerable for the crimes against Pakistan, the land, the people. He needs to be made an example for not just the rest of the politicians but all mankind.
Remember both countries separated in 1947
So what Mr. Katju is saying is that even if there is mutiny, extreme corruption, treason, the PM & President are untouchable?
In my book, that wouldn't be democracy, that would be Godship. Thank God for our CJ who while had to take extreme measures, did the brave thing… unlike his indian counterpart who is happy to follow the letters.
For once, Im proud of our counterpart over the Indian one 🙂
Here is the biggest Issue. Bin Laden was found hiding in Pakistan near an army base or PNS Mehran base was attacked with some one from the army involved and the supreme court chooses to prosecute a doctor and a Prime minister. In hind sight one would think someone from the army or the intelligence community would be on the stands. The biggest truth in Pakistan is the most corrupt institution in Pakistan is not the civilian but the Military organization. Lush lawns, complete control on Business and real estate should have raised eye brows. But Pakistanis are a brainwashed lot and the Army has done a great job with that. U can go ahead and prosecute gilani but ur troubles are not going away because u caught the wrong thief.
Independent Judiciary is trade mark of civilized society, and that country and nation will never fall if Judiciary is functional with no Govt intervention, Pakistani Nation must be proud enough that they have achieved this goal five years b…ack when judiciary took the stance against arrogant General Mushraf regime.
Where ever Muslim ruled in any piece of land, Independent Judiciary has always been hallmark and pride for Muslim Society compare to other western countries and pagan corrupt society in our east.
below is one example
And country is back to crisis of 1971 when Punjabies of in Lahore were crying and striking their heads against governor house walls. Punjabi mentalit resulted in Bangladesh, now it will result into 4. Punjab will arrange port facilities with Mumbai or Chinnai
Here is one example,
Muslims form Arabian Peninsula conquered the land in central Asia and established the Islamic rule of law; Local people went to Sharia courts and plead that as per Islamic guidelines, Muslim Ruler can’t invade any pagan society unless they fulfill these conditions,1: Give a message to non believers “"There is none worthy of worship but One Allah, and Muhammad (pbuh) is the messenger of Allah." (Not a GOD, not a son of God),2: even if that nation refuses to accept the message of peace they will be protected by Islamic State and have to pay Tax,3: if they still refuse both conditions then they’ll be invaded and message of Islam will be spread
Shari Court summoned That Muslim Army Commander and questioned him, he said yes he didn’t fulfill first two conditions, Sharia court right away ordered the Muslim commander withdraw the army from their land and t this court will be dissolved after this hearing we’ll go back to Arab land, Muslim commander ordered the army to prepare for withdraw , when the local people saw these high standards of justice they once again plead to the court we’re lucky that such Angels came to our country “DO NOT GO”
Since then Islam spread to Russians Central Asian states
Such a high standards of peace and justice can we expect from USA and western world in Iraq, Afghanistan, Palestine or Kashmir in India never
Are you talking about the same Sharia laws talibans use? If Sharia is so good why most Muslims don't follow Sharia laws. I give you a good example of Sharia in Pakistan, many women who report rape are put in prison for Sharia. Are you talking about Sharia that requires 4 pious Muslim men as witnesses to a rape or adultry, men who actually saw the woman being penetrated.
Mr Katju is so rightl. He has not encourage corruption but interpreted the constitution.
Anyone can judge the CJ in the way he handled his son's case by not forming a judicial commission. by so doing save his son.
You need therapy. Pakistan is a failed state by all means. Your CJ is publicity hungry who plays to gallery, and he is being supported by powerful establishment to humble the present civilian Govt. It is parliament who makes law,not eh judiciary. The democratically elected people never had any respect in Pakistan. Politicans are corrupt everywhere, including India.
Your highflying CJ has done nothing good. He disqualified Gilani for contempt of course, not for corruption..remeber dat… and the person against whom the charges are there is still in the Office….The problem is intellectually you Pakistanis are poor and you are angry at everythin. I will see when this CJ acts against Kayani or ISI for kidnapping and killing Balochs.. Gilani was a sitting duck…
dear ..seems you are deeply moved….Each line shows your heart is bleeding
Just shut your mouth. YTou illiterate people with tribal minds do not understand how democracy works. IN the last 5 years nearly 20000 pople died, u became bankrupt….til now u dont know hwo killed benazir and u jokers talk of rule of law….
Good points made…
. corrupt sindhis shall go and pious, honest central Punjabis (preferably Lahoris) shall rule this country..Punjabi Chief justice (fake domicile of balochistan)
indian what are u doing here!just go off.we are muslims,and nationality is haram in islam.
People all around the world must understand that it his history and truth that our highest judiciary has never been free to give decisions of most important cases.Just imagine, a PM who restored them is removed from his office, why, because he did not write a letter to Swiss authorities asking them to convict or open cases against the siting President of their own country. This shows something personal bias by the present CJ. I hope he is not working as a front man for NEW WORLD ORDER.
With all due respect are you joking "front man for new world order"… let alone there is any order in pakistan. this is the defining moment for our country.
@Ahmed, Aftab Kenneth Wilson, And country is back to crisis of 1971 when Punjabies of in Lahore were crying and striking their heads against governor house walls. Punjabi mentalit resulted in Bangladesh, now it will result into 4. Punjab will arrange port facilities with Mumbai or Chinnai
@ahmed, Aftab Kenneth Wilson is a mentally bankrupt person. He looks at the situation from his colored glasses. When SupremeCourt hanged Bhutto in 1979, stupid people like him were saying, " Pakistan mei Insaaf ka bol bala ho gaya". Now tell me after 30 yrs how the present judiciary and the world views that decision. So, people like him are victim of propaganda. They suffer from short vision.
I think Pakistan and India should make efforts in bringing two countries closer and bridging ties and focussing on the development of poor and most needy of our society, that's where we should compete not on nuclear arms, although its cool to have them.
It's a fact that india is ahead in the development of their democratic insitutions and paksitan is lagging. However, pakistan being a smaller population can manage to come out of the situation it's in.
As far as what the ex-indian SC judge has to say he has right to express his opinion but it's irrelevantand and I am extremely disappointed that PakistanToday made effort to report this. Generally speaking indian politicians and berucrats do not have the best interest for pakistan, so I advise them to refrain from pakistan's internal matters.
About SC judgement, my opinion is that it is the DEFINING moment for Pakistan. I am so proud of this decision and I feel that SC has given a new life to Pakistan.
Pakistan Zindabad.
Every country has their own laws and their own consttution. What applies in India does not necessarily apply in Pakistan.
Monsieur le juge Katju ne sait probablement pas que le Pakistan est un pays unique. C'est un pays où le sort de la ministre démocratiquement élu du pays le premier est décidée par le juge en chef du Pakistan. Je dis que le juge en chef, car jusqu'à maintenant pas un seul juge dissident a en tout cas.
Le Pakistan est un pays unique où un despote peut appeler le juge en chef de la Cour suprême à son bureau et exige la démission de lui, qui a été refusée et, par conséquent, il a été fait dysfonctionnel.
Le Pakistan est un pays unique où un terroriste présumé appartenir à un parti ethnique a été rapporté de Londres par le despote et installé en tant que gouverneur du Sindh, Ce monsieur est littéralement dirige la province lorsque le directeur général de la province est le ministre en chef.
Le Pakistan est unique où un parti terroriste est inclus dans le gouvernement de coalition et est autorisé à poursuivre ses activités illégales. Personne ne peut les toucher parce que le Président M. eux veut dans son Coaltion.
Le Pakistan est un pays unique où le fils du juge en chef est accusé d'avoir des pots de vin dans des millions et des millions à partir d'un richissime magnat de M. Riaz Malik.
Le Pakistan est un pays unique où des mandats d'arrêt sont émis contre le fils d'un quelqu'un qui serait impliqué dans un scandale de drogue alors que le fils du juge en chef n'est pas touché. Je pense que c'est un fanatisme absolu.
This CJ should take over office of PM and hold elections, because everyone else is corrupt, only judiciary and bar are naive and honest.
Does Justice Katju mean to say that a president or governor, while in office, has a license to commit rape, molest women, attempt to murder or murder? The doctrine of sovereign immunity was developed in an era when it was fondly believed that the monarch would be a man of such high character that he would never stoop so low as to commit a criminal offense. Not so in reality. Suppose Clinton’s sexual act with Lewinsky had been without consent and she had pressed charges. Would he not have been prosecuted for rape?
Clinton was forced to admit his perjury under a strong pressure of Ray to prosecute him. Thus, it can be argued that a sitting President was subjected to a criminal prosecution process, even though Clinton got away with little punishment.
President Charles Taylor of Liberia was indicted for the crime against humanity by the Special Court for Sierra Leone.
The US Supreme Court pointed out long ago in U.S. v. Lee, “no man in this country is so high that he is above the law….All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.”
Monica Lewinsky was a jew set up by the zionist masters to humiliate a US president into bidding israel's missile system and giving them billions again. It cost over 120 million to the US and what did it solve? The senators who were impeaching him were all corrupt and the head of them had an affair and destroyed the marriage of another one! Get your facts correct. The President is immune yes even if it is rape you cannot charge him while he is in the office. You can sue him afterwards yes.
Comments are closed.