The Supreme Court of Pakistan has been nominated in a list, published by the Foreign Policy magazine, as one of the most meddlesome supreme courts around the world. The list includes many apex courts of Egypt, Israel, India and Kuwait but surprisingly fails to mention among many other western countries the Supreme Court of US, which has come under fire in the past few years for being meddlesome in the executive functions of the state.
The report cites certain examples to make its point. It says that the Supreme Court of Pakistan on June 19 issued a ruling stating that Yousuf Raza Gilani had “ceased to be the prime minister of Pakistan.” Gilani had been held in contempt of court since refusing to write a letter to Swiss authorities to reopen cases for corruption against President Asif Ali Zardari, as the court had directed two years ago. “Giliani’s sacking is another episode in the escalating power struggle between the military-backed Supreme Court and the civilian administration, which is controlled by Gilani and Zardari’s Pakistan Peoples Party (PPP),” the report said.
It said the court and the president have been butting heads since 2009 when Zardari opposed the reinstatement of Chief Justice Iftikhar Muhammad Chaudhry, who had been sacked by then President Pervez Musharraf. Zardari had only allowed Iftikhar Chaudhry to return to power to avoid massive protests led by former Prime Minister Nawaz Sharif. “The Supreme Court and Zardari’s government have been on a collision course ever since, and Gilani’s dismissal was yet another judicial attack on Zardari,” the report mentioned. But the court didn’t stop with ousting the prime minister. When Zardari and PPP leaders selected former finance and health minister Makhdoom Shahabuddin to replace Gilani as prime minister, the court issued a warrant for his arrest for alleged production of an illegal drug. Just to be safe, the arrest warrant includes the ousted prime minister’s son, too. “Although critics and activists have denounced the court’s actions as a coup, spokesmen from the PPP have told their supporters to stand down for the time being.”
On June 25, the report says, the PPP’s second choice – Raja Pervaiz Ashraf – took over as prime minister. “There’s a good chance Ashraf may also be on a collision course with the court as he is currently facing allegations of corruption and bribe-taking from his time as water and power minister. His relationship with the court could become even more tense if he follows in his predecessor’s footsteps by refusing to investigate Zardari,” the report concludes.
A statement of the same nature was also given by a retired justice of the Indian Supreme Court, Markandey Katju, who said that Pakistan’s Supreme Court had crossed the limits when it disqualified former Prime Minister Yousuf Raza Gilani. He told BBC that the Pakistani Supreme Court disqualified the prime minister just to appease the public. According to Katju, there are several categories of contempt and every related case does not invoke disqualification. “Yousuf Raza Gilani didn’t say that the Supreme Court takes decisions after receiving bribes or its verdicts are based upon malafide intentions. He could have been declared disqualified if he had said so.” Katju added the Supreme Court was just told that the case did not fall into its domain and the president enjoyed immunity under Article 248 of the Constitution.
“How this argument is defaming the Supreme Court. It means that no one can raise objections. If a lawyer tells the court that the matter does not fall into your jurisdiction, then would he be sent to the prison? He is not abusing you; he is raising a legal point,” the retired Indian judge said. Katju said in case of differences with the president, it was very easy for a chief justice to issue unconstitutional order and then declare the prime minister disqualified when he objected to it. “Democracy doesn’t work in this manner. Prime minister runs the government while enjoying the confidence of the Parliament and not the Supreme Court or the chief justice,” Katju remarked.
The Supreme Court of Pakistan has done a remarkable job to safeguard the interests of Pakistan and we don't offer any apologies for this observation by Foreign Policy Magazine.
Indian Supreme Court has a lot to learn from Pakistani Supreme Court which has made difficult but very bold decisions which will have far reaching impact on the Pakistani society.
100% agree with Mr.Katju is when he says…. "Prime minister runs the government while enjoying the confidence of the Parliament and not the Supreme Court or the chief justice"… There is alot "alot" more thinking package for Pakistan SC and its Cheap-Justice sahib.
Yes, Sc crossed the limit. Jahan Army aa jati hey waha inke par jaltey hain.
no
yes i think SC cross the limit…………
never.
No.
Foreign Policy! Why are you covering up for the corrupt politicians because they do your beckoning? just mind your own business in USA. Salams
I think sc is giving many decissions against this government, where as many Cases are pending. The government is in full tention and is unable to deliver on energy pverity unemployement. PUblic issues should be givern more priority by honroable SC like energy unemployement etc.
Right decision for once!
If judges will not cross ,then generals will.
SJ was rite..
The SC worked in its jurisdiction ,happens all around the world and thats how ‘real’ democracy works.
Today the US supreme court also talked about the limits that members of the US Congress must adhere to. According to the published comments, the Congressmen can promulgate laws but the right of interpretation rests with the courts alone. Based on this principal, Pakistan SC’s decision to penalize and disqualify the PM was quite in order.
Judicial cleansing is better than martial’s.
no they did the right
Just wait for the detailed judgement,everything will be crystal clear.Actually democractic forces r not habitual of digesting such decisions and now SC has laid down the example that no one is above the law.For govt,grapes r sour!
Well when the government priorities are set at just completing their terms instead of providing relief to people and make sure that their lives and properties are safe and that cons and terrorists are confined to their limits, then I think there is a need for third force to step outside it’s limits and curtail the government action. No, there was no crossing of limits by the Supreme Court of Pakistan, and even if it did, it can be justified!
I think so yes ; it was beyond their jurisdiction . When we say that judiciary is independent ; we should always remember that Constitution is more supreme~
YES, I AGREE//////////////////
Yes this supreme court has become the most biased & politicized in the history of Pakistan
No.
No.
its true cj is incompetent person just making himself famous by going against ppp in every step.
Its not right that a large nation like Pakistan has president where his credentials are in question. It is the job of the prosecution service to prosecute anybody, including the president, if in the eyes of the prosecution service, somebody has done something wrong. It is then upto the legal process to take over to determine if the accused is guilty or innocent. However, only a crook will do everything in his power to stop that process if he knows he has committed a crime and will be found out if investigated. The chief justice is only doing his job, even in the face of possible assassination. And Zardari is doing everything in his power to stop the justice process that implements the law of the land. So, I must ask you all – why is Zardari trying to stop this legal process unless he has a guilty conscience? Let me answer you – its because he has a guilty conscience. The Supreme Court is doing what it is supposed to do – and people with guilty conscience will always find that as meddling in their affairs.
@ Zahir Khan
A very good and a thoughtful comment. Congratulations
no they did the right
Just wait for the detailed judgement,everything will be crystal clear.Actually democractic forces r not habitual of digesting such decisions and now SC has laid down the example that no one is above the law.For govt,grapes r sour!
Yes! Like army generals this time supreme court has crossed the limit while disqualifying the prime minister.
In democracies If the politicians are corrupt they are removed only by the people who elected them not through a Supreme court order
The truth is Pakistan stand on four PILLARS 1)Media Mafia 2)Political Mafia 3)Lawyers Mafia or Judges Mafia 4)Armay Generals Mafia…..Its very difficult to judge who is Mr. Right…Coz its very difficult to find any person who is really sincere to this country and to the people of this country…
no
yes i think SC cross the limit…………
never.
No.
I think sc is giving many decissions against this government, where as many Cases are pending. The government is in full tention and is unable to deliver on energy pverity unemployement. PUblic issues should be givern more priority by honroable SC like energy unemployement etc.
its true cj is incompetent person just making himself famous by going against ppp in every step.
Right decision for once!
First that Indian Judge from India's SC now comes the FP with their slammer; got to wait for FoxNews and NYT to pull the rug from under CJ's feet. What do these Barons expect that our Supreme Court support pledge to the weasels placed on our shoulders by the Neocons to strengthen their New World Order!
If judges will not cross ,then generals will.
SJ was rite..
The SC worked in its jurisdiction ,happens all around the world and thats how 'real' democracy works.
Today the US supreme court also talked about the limits that members of the US Congress must adhere to. According to the published comments, the Congressmen can promulgate laws but the right of interpretation rests with the courts alone. Based on this principal, Pakistan SC's decision to penalize and disqualify the PM was quite in order.
Judicial cleansing is better than martial's.
no they did the right
Just wait for the detailed judgement,everything will be crystal clear.Actually democractic forces r not habitual of digesting such decisions and now SC has laid down the example that no one is above the law.For govt,grapes r sour!
Well when the government priorities are set at just completing their terms instead of providing relief to people and make sure that their lives and properties are safe and that cons and terrorists are confined to their limits, then I think there is a need for third force to step outside it's limits and curtail the government action. No, there was no crossing of limits by the Supreme Court of Pakistan, and even if it did, it can be justified!
I agree with the report. They are Politicians in the Robes.
I think so yes ; it was beyond their jurisdiction . When we say that judiciary is independent ; we should always remember that Constitution is more supreme~
YES, I AGREE//////////////////
Yes! Like army generals this time supreme court has crossed the limit while disqualifying the prime minister.
Some opostion parties are verty happy on the decision of Gillani’s disqalification but they will realize it if they come in to rule. Espacialy Nawas Sharif, who has secrified a lot to strengthed the democracy should react in different than others.
The truth is Pakistan stand on four PILLARS 1)Media Mafia 2)Political Mafia 3)Lawyers Mafia or Judges Mafia 4)Armay Generals Mafia…..Its very difficult to judge who is Mr. Right…Coz its very difficult to find any person who is really sincere to this country and to the people of this country…
Some opostion parties are verty happy on the decision of Gillani’s disqalification but they will realize it if they come in to rule. Espacialy Nawas Sharif, who has secrified a lot to strengthed the democracy should react in different than others.
The Chief Justice of Pakistan Supreme Court is known as an upright and courageous judge. But now it seems that the honourable Chief Justice has crossed the boundary of the judiciary in the episode that has led to the resignation of the Prime Minister. The new Prime Minister who is also a PPP man is expected to follow his predecessor with regard to the corruption case of President Zardari.Then what would the C.J. do? The President as the head of state should not be treated as an ordinary citizen by the judiciary. The President is empowered to condone a crime, established in court. This power is consistent with his authority above the judiciary. Pakistan is doing well with the civilian govt and the elected President. The judiciary and the army should behave wisely enough for the sake of democracy. As an Indian, I do apologize for my audacity in advising the people of Pakistan .
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