India’s Chief Justice SH Kapadia has asserted that judges should not govern the country or evolve policies as he wondered what would happen if the executive refuses to comply with judiciary’s directives, the Hindustan Times reported on Saturday. According to the HT report, Justice Kapadia asked judges if they would invoke contempt proceedings against government officials for not complying with their decisions and disapproved a recent Supreme Court judgement which said “right to sleep” was also a fundamental right. “Judges should not govern this country. We need to go by strict principle. Whenever you lay down a law, it should not interfere with governance.
We are not accountable to people. Objectivity, certainty enshrined in the basic principles of the Constitution has to be given weightage,” he said, delivering a lecture on ‘Jurisprudence of Constitutional Structure’ in New Delhi at the India International Centre. Kapadia said judges should go strictly by the constitutional principles which clearly demarcated the separation of powers among the judiciary, the legislature and the executive. “Right to life, we have said, includes environmental protection, right to live with dignity. Now we have included right to sleep, where are we going? It is not a criticism. Is it capable of being enforced? When you expand the right, the judge must explore the enforceability. “Questions which judges must ask if it is capable of being enforced. Judges must apply enforceability test. Today if a judge proposes a policy matter, government says we are not going to follow, are you going by way of contempt or implement it?” he asked. The Indian CJ said judges must abide by the principles of constitution while dealing with Centre-State relations, federal policy etc in the wake of the recent scandals but clarified he was not mentioning the “coalgate” scandal.
so called c j p iftikhar should read this and be ashamed of himself.
he won't do that, he ispakistani biased so called CJ
CJ of Pakistan is right in being very assertive. National Reconciliation Ordinance (NRO) was fashioned on the lines of the Truth & Reconciliation Commission of South Africa (SA); those befitted from it in SA first accepted their wrong doing following which they were pardoned. These individuals never progressed to contest elections and held public offices.
NRO is one of many tragedies, almost all great, that Pakistan faced. This materialised an understanding between to criminal mind sets, one of outstanding negative calibre of Benazir and her cronies and the second of Pervaize Musharraf; with the sole objective of bringing the former to power and to keep the later in the office.
Benazir's assassination paved the way for convicted criminals like Zardari and his cronies to power.
This criminal mind set has led to the ruining of major corporations of Pakistan as a result of mega sandals going to the highest level also involving the office of the PM of Pakistan.
Supreme Court of Pakistan must continue to forge ahead forcefully and not deterred by any adverse comments.
These criminals must face their nemesis. http://www.pakistantoday.mbt.pk/2012/08/26/news/n…
what about the decision by LAHORE HIGH COURT on Kala Bagh issue …it clearly reflects the tendency of JUDICIARY to interfere in Administrative/Political affairs which is totally un-necessary
Khan your statement is very dishearting ang you should pass on these remarks to the respecte cj of sp of pakistan .if you spit on moon .it will drop on your face and get you dirty.your behaviour is full of shame.as far as the statement of mr.justice sh,kapadia is concerned,it is not denialable,but the fact is that law and constitution of inda was never chalenged.here in pakistan the bloody army generals ruled over pakistan and completely damaged the laws of the land.therefore mr.justice iftikhar muhammad chaudhry had to do do this duty.we being peaceful and honourable citizens of pakistan solute and pray for mr,jusice iftikhar muhammad chaudhry for his countless dedications for the judiciary and for pakistan,
Yes, he also meant to add that CJs should take the money thats offered to them & leave the corrupt federal govt. to itself.
We have the single most corrupt govt. in our history & CJ is the only man standing up to these mafia men. Our opposition party is in bed with Zardari & may Allah give us strength, we will hang Zardari & Nawaz soon. May they burn in hell forever after.
Finally a prayer: Death to every jiyala.
Understandable. I bet you are a chaser of Imran Khani mirage. But I assure you that your anger will take you nowhere except the courtyard of Taliban. Meanwhile burn in the fire of hypocrisy.
Most Paksitanis disagree with you Saqib with all due respect. Our politicians in the past and now try to instill fear into us, the fear of Tliban and how they can take over this country, the fear that our country might be sent into stone age by a super power, the fear of this and that. Let us all think logically for our problems and stop us being fearful of what could happen. The war on "terror" has been going on for last 8 years. Were there suicide or Taliban attacks in Pakistan before this war? Has it solved our problems or made them worse? We all know the answers. Lets all think with a cool mind and STOP bombing our own tribal areas and stop being fearful. We need to embrace our people. And yes I do not disagree with that there are some real security threats from terrorist groups, but we don't need exaggorate them. We need to work closely with tribal areas to seprate the few ideaologically motivated terror groups.
paksitan zindabad
… we will hang Zardari & Nawaz soon………. not to mention Arsalan as well !
Next to god Judges pervade everywhere. they read law . But they commend on engineering, medical, surgery, marriage, divorce, birth, birth control, election, selection, promotion, governance, mis governance, religion and many more subjects. we have given too much of powers to them. they order arrest and re order release, and we cannot challenge them. you will be jailed on contempt of court. they are all pervasive
Pot calling the kettle black.
NO Indian politician or bearucrat has pakistan's interest on their hand. I request all such indian politicians, bearucrats including judges to not interfere with pakistan's internal issues. keep their opinions to themselves for pakistan's internal matters.
Pakistan can solve it's own problems, and I beleive CJ Iftekhar has started to tackle some of these big problems and we should all follow his lead in fighting the political mafia.
Pakistan zindabad.
The Indian CJ is not talking about Pakistan. He is addressing his own legal community, you dim wit. As far as our CJ is concerned, charity must begin at home and that means NOT stopping criminal investigation against his son.
Derawal39 your statement is foolish and based on some mentle troubles.You must attend Mentle Hospital and then say something,tillnow you are sick.you need some medical treatments,do not pass bad words agaisnt CJ Mr.Iftikhar Saheb`s sincereity with his offical duties.He is very honest,sincere and courgious man.If his son has done something wrong or good it is his deeds and Mr.Iftikhsr has nothing to do with him,It is clear that all bullshitting and so-called cases have been formed agaisnt him to degrade Mr.Iftikhar.Pakistan is proud of Mr.Iftikhar Muhammad Chaudhry being Cheif Justice of Supreme Court of Pakistan and we strongly condemn all the rubish and continued conspiracy agaisnt this great man.
what Mr.justice Iftikhar Muhammad chaudhry is doing is very appreiciable and no need to compare it to other countries like India.As after partition no martial law no consipiracy agaisnt the country was done.In 1971 our one national party was totally involved in the breaking through of Pakistan,whereas in India there was no sign of this bloody happening and their did only for the betterment of India,but our politicians ruled for glory and money and did not serve the country,except Mian Nawaz Sharief who did blast atomic expotion in the historical ways.What Mr.Justice Iftikhar Muhammad Chaudhry is doing is the reaction of bad deeds of bad rulers,where in India there is no such bad things.Indian circumstances are different and Pakistan`s are totally diffierent,no need to compare by any big personality as to Pakistan,If the CJ of Supreme Court of India is so much liberal and independent,he must issue orders to give the self-rifgt of plebiscite in the disputed Jumma and Kashmir and he must excercise his numberless powers to implement ans ask Indian government to obey the resolution passed by the General assembly in 1948.Why he does not realise the problems of Kashmiris facing in the Indian held Kashmir.
LAANAT ON INDIAN FINANANCED AND BACKED MEDIA
MR.JUSTICE SH.KAPADIA OF INDIAN SUPREME COURT MUST NOT PASS ON HIS REMARKS AND HE WILL OBSERVE INDIAN POLITICAL BATTLES ONLY.IF HE IS SO SINCERE WITH THE LAWS,HE MUST ADVISE INDIAN GOVERNMENT TO OBEY THE PASSED RESOLUTION OF GENERAL ASSEMBLY IN 1948 TO GIVE THE RIGHT OF SELF DETERMINATION TO THE KASHMIRIS IN INDIAN HELD JAMMU AND KASHMID,THEN WE REALISE HIS STATEMENT IS UPTO SOME EXTENT NICE.OTHERWISE IT WILL BE UBDERSTOOD THAT HIS STATEMENT IS TOTALLY IN THE INTERNAL AFFAIRS OF PAKISTAN AND PERHAPS MAY AN ATTEMPT TO DEGRADE MR.JUSTICE IFTIKHAR MUHAMMAF CHAUDHRY`S BOLD AND COURAGEOUS HISTORICAL DECISSIONS.WE RESPECT AND HONOUR MR IFTIKHAR MUHAMMAD CHAUDHRY AND APPRECIATE HIM FOR HIS COURGIOUS STANDS AND FOR THE VALUE OF JUDICIARY AND ARE PROUD OF THIS SINCERE MAN.
If anybody expects Iftikhar Double PCO to follow the high moral standards of Indian Chief Justice, he is sadly mistaken. The bias in the mind of Iftikhar simply makes him unsuitable for his job. As long as he is there, we will never see justice in our judicial system.
indian CJ is absolutely right…….freedom of judiciary has brought more law-lessness than law-obediance in PAKISTAN. recently passed verdict over KALABAGH DAM clearly shows that JUDICIARY is un aware of the ground realities & complexities of such sensitive issue. Furthermore ASGHAR KHAN judgment is also untimely interference in political scenario of PAK. which is already facing to many challenges. Common man is suffering bcuz judiviary's fancy litigation
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