 |
| |
WEEKLY
SECTIONS |
 |
 |
 |
|
| Deposed judges, detained lawyers pose new challenge |
|
|
|
Tuesday, January 22, 2008
By Ansar Abbasi
ISLAMABAD: The government is facing an immediate constitutional challenge of how to keep the deposed judges, including Chief Justice Iftikhar Muhammad Chaudhry and the senior detained lawyers, including Aitzaz Ahsan, in preventive detention, beyond the limit of 90 days set by the constitution.
Under the Constitution, no person can be kept in preventive detention for more than 90 days unless a judicial review board certifies that the person is a threat to public safety. But the government has yet to refer the cases of the under-detention deposed judges and the three lawyers- Aitzaz Ahsan, Ali Ahmad Kurd and Justice Tariq Mehmood who are completing their 90-day detention on January 31 to any such review board.
Sources insist that the government does not intend to set them free and is also reluctant to refer these cases to the judicial review boards. Interestingly, caretaker Interior Minister Hamid Nawaz is simply denying that any of the deposed judges is under preventive or any other type of detention. In case of Aitzaz Ahsan and two other lawyers, the interior minister said that their cases were being dealt with by the provincial governments and not by the interior ministry.
When told that Justice Tariq Mehmood is under detention in Islamabad, he said then in his case the Islamabad capital administration should be approached whether he would be set free on Jan 31 or will stay under preventive custody. It is learnt that while the government does not recognise the fact that any of the deposed judges is under detention, as they have not been detained under any legal order, top legal aides of President Musharraf are opposing the formation of review boards †for the legally detained lawyers.
It is being asserted that the three lawyers have not been detained for 90 days under one order. Instead they have been detained under three successive orders for 30 days each. As such none of the orders can be reviewed by the board. The government has, therefore, not informed the respective chief justices as yet about the need for them to name the judges who will constitute the boards, although† the time-limit is about to expire.
Attorney General Malik Qayyum when contacted confirmed to this correspondent that the government has not yet requested the superior judiciary for the constitution of the review boards. Independent sources, however, point out that if the government can avoid the 90-day limit by passing three or more one-month orders in succession, then the limit can always be flouted and the provision of the Constitution would be meaningless. “The Constitution cannot be subverted in this manner,” a source said.
These sources say that even if the government avoids this constitutional obligation, this would be a first real test for the post-Nov 3 judiciary to show its independence and take suo moto notice of the situation where not only the deposed judges are under illegal detention but the three lawyers are also not free and are likely to be retained under preventive custody after 90 days.
Legal experts refer to Clause 4 of Article 10 of the Constitution and say that three things flow out of this clause: First: the constitution of the Review Board. Second: as is evident from the provision the board must meet before the expiry of the 90 days period. That it must be constituted and also must meet before January 31 and hold it hearing before that date, at the latest. If it does not do so further detention of the lawyers will be illegal. Finally, the detained lawyers will have to be provided hearings in person, and not merely through advocates.
The government sources even admit that the likes of the deposed chief justice and Aitzaz Ahsan are clearly perceived as a threat to the government’s concept of public safety and it is to be expected that the government will make all efforts to keep them in custody and out of the public eye.
But now the issue will be whether the government refers these cases to the judiciary and in case it does, if it succeeds in convincing three judges in each case that the detained deposed judges and three lawyers need to be continued to be detained even if they pose no threat to public peace and only participate and lead peaceful, unarmed demonstrations? “The post-Nov 3 judges would, therefore, also find themselves be on trial,” an expert said.†
Source close to the arrested top lawyer Aitzaz Ahsan and his colleagues say that the detained lawyers are not very hopeful but they feel if the review boards are not constituted the lawyers movement and their agitation is likely to intensify particularly in the Lahore High Court as elections of the bar association approach almost as the same time the general elections i.e. end of February.
|
|
|
| Back
| Send
this story to Friend | Print
Version |
|
|
Three killed as Sh Rashid escapes attempt on life
By Shakeel Anjum
RAWALPINDI: Awami Muslim League (AML) Chief and a candidate for NA-55 (Rawalpindi) by-election Sheikh Rashid Ahmad was wounded, while three people — a guard and two party workers — were killed when four gunmen more |
|
|
12 soldiers killed in South Waziristan
ISLAMABAD: Twelve soldiers embraced martyrdom while two others were injured in a clash with militants during the ongoing operation Rah-e-Nijat in South Waziristan Agency (SWA), the ISPR said on Monday.
S more |
|
|
Plan to attack five-star hotel foiled
By our correspondent
LAHORE: The CIA police here on Monday claimed to have foiled an attack on Americans staying at a five-star hotel and arrested six terrorists, including a suicide bomber.
Addressing a press conference, SS more |
|
|
Govt taking court for a ride
By Ansar Abbasi
ISLAMABAD: She fought her case in the media. She won her battle in the judicial forum too. But still the government is bent on making an example out of her for refusing to follow the illegal dictates of her min more |
|
|
Pakistan against arms race: Gilani
By Azeem Samar
KARACHI: Prime Minister Syed Yousuf Raza Gilani on Monday said Pakistan does not want to be engaged in an arms race with any country.
Speaking as chief guest at the induction ceremony of second Chinese-m more |
|
|
|
Punjab-Sindh water row Centre’s intervention sought
By our correspondent
ISLAMABAD: Tension between Punjab and Sindh over opening of the Chashma-Jhelum and Taunsa-Punjnad link canals has touched a new high as the former has sought the Centre’s intervention.
The Punjab has sai more |
|
|
|
French, Dutch fight over giving LNG to Pakistan
By Khalid Mustafa
ISLAMABAD: Finance Minister Shaukat Tarin and his team is all set to thwart the attempt of an unscrupulous combine of oil industry heavyweights and some functionaries of the Ministry of Petroleum and Natural Re more |
|
|
|
Nine killed as no let-up in rains
By Nisar Mahmood
PESHAWAR: Nine people were killed and scores of others injured as heavy rains and snowfall lashed various parts of the country for the fourth consecutive day on Monday.
Reports from the Shangla district more |
|
|
|
Malik orders NUML closure as protest enters 5ht day
ISLAMABAD: The protest of the students of the National University of Modern Languages (NUML) against thrashing of Professor Malik Tahir by Registrar Brigadier (R) Obaidullah Ranjha entered its fifth consecutive more |
|
|
|
Malik insists no Blackwater in Pakistan
By Muhammad Anis
ISLAMABAD: Interior Minister Rehman Malik while responding to an accusation from a PML-N parliamentarian told the National Assembly that Blackwater was not providing security to the president and the prime mini more |
|
|
|
FBR gets list of properties rented out to foreigners
By Hanif Khalid
ISLAMABAD: Federal Board of Revenue (FBR) has received list of properties from Foreign Office, which were in use of foreigners in Islamabad, Karachi, Peshawar and Lahore, but these were not shown in annual tax more |
|
|
|
Repealing of 17th Amendment
By our correspondent
ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani has begun efforts to create consensus on repealing the 17th Amendment before presidential address to the joint sitting of the parliament.
The prime minis more |
|
|
|
Three suspects held in Mohmand
By our correspondent
GHALLANAI: The security forces arrested three suspected persons during search operation in Safi subdivision of Mohmand Agency, official sources said Monday. The sources said the security forces carried out sear more |
|
|
|
No presence of Blackwater, DynCorp in Pakistan, NA body told
ISLAMABAD: Secretary Interior Qamar Zaman again negated on Monday the presence of Blackwater, DynCorp or any other foreign security agency in the country. “Neither the Blackwater and the DynCorp nor any other s more |
|
|
|
Govt urged to take up water issue with India
By Asim Yasin
ISLAMABAD: Pakistan Muslim League-Q, Parliamentary leader in the National Assembly, Makhdoom Faisal Saleh Hayat while urging the government to take up the issue of ‘water terrorism’ with New Delhi, has question more |
|
|
|
Avalanche kills 17 Indian soldiers in held Kashmir
HELD SRINAGAR: Seventeen Indian soldiers were killed on Monday in an avalanche that slammed into a group of 70 combat troops at a high-altitude warfare training camp in Kashmir, the army said on Monday.
more |
|
|
|
Taliban defiant as Afghans flee ahead of assault
KANDAHAR: The Nato commanders urged the Taliban to surrender as troops dug in on Monday for a major assault on their key stronghold in southern Afghanistan, sending thousands of residents fleeing.
The Ta more |
|
|
|
Plea to freeze foreign accounts
By our correspondent
LAHORE: The Lahore High Court (LHC) on Monday ordered the federal government to submit a reply within four weeks on a petition seeking freezing of accounts in foreign banks and recovery of illegal assets accumu more |
|
|
|
Attack on Sh Rashid
RAWALPINDI: The PML-N candidate for by-polls from NA-55, Malik Shakil Awan, has announced suspension of electioneering for a day to mourn the death of those killed in the attack on the office of his rival, Shei more |
|
|
|
Indian forces to halt Kashmir rally outside UN office
HELD SRINAGAR: The held Kashmir authorities deployed thousands of police and troops on Monday to prevent a protest outside the UN office here over the recent killing of two teenage boys by Indian security force more |
|
|
|
briefs...
20 die in Afghan floods, avalanches
KANDAHAR: Twenty people have died in floods and avalanches triggered by some of the heaviest rain and snow in Afghanistan for 50 years, an official said on Monday. At more |
|
|
|
ISSN 1563-9479 
