Pakistan’s SC has gone overboard: ex-Indian SC judge

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Hindu Press Council of India Chairman Justice and former judge of the Indian Supreme Court, Markandey Katju, on Thursday said the Pakistani Supreme Court had no right to dismiss a prime minister or overrule the constitutional immunity given to the president. In an opinion piece published in The Hindu, 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 stated: “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 said. “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 said. 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”. Katju said the constitution established 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 could not 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 added.

28 COMMENTS

    • Good comment. Pakistan is a different country with a different set of problems requiring radical but sensitive treatment and that is what the Supreme Court of Pakistan is delivering.

    • .
      So why did SC/IC cite two precedences from Indian court cases (quite erroneously – because IC did not follow the basic tenant of state jurisdiction vs. federal jurisdiction or federal structure of law and governance)?

  1. After the 2 nation theory of Jinnah. Its right time to accept 4 nation theory in Pakistan which will give prosperity and peace to en mass of Pakistan.

    1.balochistan

    2.sindhudesh

    3.waziristan

    4.punjab

    • What a good logic? where the sarakais and hazars will go? Rather MQM will also claim its right.

    • lmao,its 10 nation theory of hinduslavistan.punjab,kashmir,assam,northeast,dalitistan,all will finally get off oppression and liveup to deservings

  2. vry true said sir….u are respected judge from the world largest democracy….its better if CJ dont interfare in political process….but pakistan is at it early stages of democracy…they r very much in habit of one man rule….not since last yu yrs but 1400 yrs….

  3. We are very fond of quoting examples from India. Now a former Judge of Indian Supreme court has very rightly pointed out what our judiciary is doing. I hope our lawyers will boycott the courts to protest this statement and they will also held a rally to show solidarity with CJ. There is also possibility that CJ will issue a contempt of court notice to Markandey Katju. CJ can also ask the New prime minister to write a letter to Indian courts as well to start investigation against this judge. Central Bureau of investigation in India can also be approached by CJ for help to arrest this idiot Judge. If CBI refuse to do so CJ can issue notices to Manmohan singh that director of CBI should be changed. Since CJ has made Pakistan a place worth living and have turned it to a heaven in his tenure as Chief Justice of Pakistan,I think it is right time to explore new frontiers instead of sitting idle and reading Khalil Jibran poetry. Malik Riaz can also arrange a visit to India for CJ if he feels that Indian government is not paying any heed towards his orders.

  4. One retired judge of India has spoken about the conduct of CJP. The indian judiciary is silent about the gross violations of Human Rights in Occipied Kashmir. Is the personal opinion of a person can be good precdent for our Apex court. It is not the Indian apex court which has given any decision. It is high time the India courts should follow the judgements of Pakistani courts.

  5. Did not the Prime minister go over board by turning the government into a corruption shop and caring hoots for ethics and morality? Well done CJ Pakistan. if you have gone overboard, we salute your actions and your conscience. The country cannot be paralysed and left at the mercy of the hyenas of corruption in the name of democracy.

  6. Hahaha so pakistan today fears that my comments may break pakistan into pieces.

  7. The Muslims in kashmir killed and raped hindus and forced them to leave their homeland which was theirs since the stone ages.
    As a retaliatory action, Indian Army took the charge of kashmir, raped and molested muslim woman and today the same thing still continues.
    There are no hindus left in kashmir
    Media is banned in some villages so their is no question of human rights.
    The muslim youth are killed regularly.
    I think Indian Army is playing tit for tat.

  8. Indian ex- judges should take Suo Moto notice of the ills of India instaed of poking their fat noses in Pakistan's affairs.

    Another thing, the makers of Pakistan's constitution probably never thought that a man like Zardari would sit in the presidency. They had more faith in the ruling elite then was justified

  9. "It appears, Imran Khan, Pakistan Army, Pakistan's supreme Court and Difa-e-Pakistan Council(a group of 40 jihadi gruops) are in coalition and this a bad omen for democracy."
    These were my comments in some other news in Pakistan Today before the COURT disqualified PM Gilani.
    All the four agencies are in league and somehow or the other want Imran Khan to be PM.

  10. We cannot operate in isolation. Pakistan is not an island with no links to the rest of the world. Let us not forget that our legal system is Anglo Saxon and it is to London that our CJ travelled recently to get an award. If the majority of jurists in India and the West say that this is a "judicial coup" we must take notice.

  11. 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.

  12. Looking at brief history of Pakistan, common people as well as elite classes never support democratic governments, somehow or the other, they pick holes not to support. They can see corruption in political class but never want to look at the corrupt Generals who have become the richest class in Pakistan.
    Radical ideas inculcated at school level which may be based on some religious guidance make them incompatible with democratic ethos.

  13. TRANSLATION OF FRENCH COMMENT ABOVE:

    Mr. Justice Katju probably does not know that Pakistan is a unique country. It is a country where the fate of the country's democratically elected minister the first is decided by the Chief Justice of Pakistan. I say that the Chief Justice, because until now not a single dissenting judge in any case.

    Pakistan is a country where only a despot can call the Chief Justice of the Supreme Court at his office and demanding the resignation of him, which was refused and, therefore, was made dysfunctional.

    Pakistan is a unique country where suspected terrorists belonging to an ethnic party was reported in London by the despot and installed as Governor of Sindh, This man is literally leading the province when the Chief of the province is the Minister head.

    Pakistan is one in which a terrorist party is included in the coalition government and is authorized to continue his illegal activities. Nobody can touch them because they want Mr. President in his Coaltion.

    Pakistan is a unique country where the son of the chief judge is accused of bribes in the millions and millions from a wealthy tycoon Malik Riaz.

    Pakistan is a unique country where arrest warrants are issued against the son of someone who is involved in a drug scandal when the son of Chief Justice is not affected. I think it's an absolute bigotry.

  14. there is a big difference in pak and Indian constitution,,its islamic stae and when Hazart umer dent had any immunity then why cheap zardari or other Pakistan dirty plotical leader ?

  15. Pakistan's democracy is only in the budding stage and everybody wants to play for the galleries. Otherwise how can anybody justify the over enthusiasum of the superior courts who has superceded the peoples assembly by packing an elected PM in the disguise of contempt.

    • .
      You are right on the point. The value of people (citizen/electorate) power becomes subordinate to vested interests (one or the other) …
      .

  16. This is none- of the indians business. U indians lack brilliance to foresee the situation.
    we have been fighting a world war and internal war simultaneously which needs bold steps and aggressive attitude towards corruption and enemy (outside).
    Pakistan is the heart of Asia so when pakistan is in problem then no country could be in peace and calm.

  17. Should I refer to 'Pakistan-Today' as 'Muslim-Pakistan-Today' of Islamic Republic of Pakistan?

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