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| Deposed judges, detained lawyers pose new challenge |
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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.
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20 die as bomber hits Peshawar Judicial Complex
By Javed Aziz Khan
PESHAWAR: A suicide bomber blew himself up at the main gate of the Judicial Complex on the Khyber Road here on Thursday, killing 20 people, including three cops, and wounding over 50 others.
Hundreds of more |
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Finally, dreaded NRO list is out and official
By Ansar Abbasi
ISLAMABAD: The National Accountability Bureau (NAB) presented to the government on Thursday a list of 248 politicians and bureaucrats, who were alleged to have plundered hundreds of billions of rupees but were more |
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Gilani to quit if wife proved NRO beneficiary
By Muhammad Saleh Zaafir
& Asim Yasin
ISLAMABAD: In what could be described as a clear message to the beneficiaries of the National Reconciliation Ordinance (NRO) to resign from their posts, Prime Minister Syed Yousuf Raza Gilan more |
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Multiple criteria agreed for NFC Award
By Imtiaz Ali
KARACHI: The Fifth National Finance Commission (NFC) meeting in the city on Thursday decided in principle to make population, revenue, backwardness and “inverse density population” (the less the population, the more |
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Karzai sworn in for second term
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US asked to take Pakistan into confidence on Afghan policy
KABUL: President Asif Ali Zardari has asked the US to take Pakistan on board regarding its new policy on Afghanistan, as it would also have an impact on Pakistan.
He expressed these views while talking t more |
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‘India failed to respond positively on peace talks’
KABUL: Reiterating his strong stance that India is not serious in the process of dialogue with Pakistan, Foreign Minister Shah Mehmood Qureshi on Thursday underlined that India had not given Pakistan a positive more |
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Dictators ruled for decades but civilians can’t complete tenure: Shahbaz
KARACHI: Punjab Chief Minister Shahbaz Sharif, Balochistan CM Nawab Aslam Raisani and Sindh CM Syed Qaim Ali Shah have vowed to make Pakistan a welfare state as envisioned by the Quaid-i-Azam.
Talking t more |
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Vehicle escorting CIA director overturns
By Shakeel Anjum
ISLAMABAD: A vehicle of a sensitive security agency escorting US Central Intelligence Agency (CIA) Director Leon Panetta, currently on a ‘secret’ visit to Pakistan, overturned near the KRL Chowk at Islamabad Ex more |
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Headley, Rana being probed for involvement in 26/11 attacks
By Sami Abraham
WASHINGTON: Two former students of Cadet College Hasan Abdal, currently living in Chicago, are being investigated for their possible involvement in Mumbai attacks last year in which more than 160 people were ki more |
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PM’s wife not NRO beneficiary: NAB
ISLAMABAD: The National Accountability Bureau Thursday clarified that Fouzia Gilani, wife of Prime Minister Yusuf Raza Gilani, was not a beneficiary of the National Reconciliation Ordinance as references agains more |
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Recovered billions can make real difference
By Mehtab Haider
ISLAMABAD: The 160 million people can be provided major relief and even increase in electricity tariff by 30 per cent can be avoided if Rs 165 billion (conservative estimate) are recovered from the beneficiarie more |
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China wants improved Indo-Pak ties
News Desk
BEIJING: The Chinese foreign ministry on Thursday gave the impression that it was merely interested in the gradual improvement in relations between India and Pakistan but was not trying to interfere with the pr more |
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US supports Pakistan-India dialogue
WASHINGTON: A senior American diplomat has said Washington is supportive of resolution of disputes between India and Pakistan through dialogue.
“Of course, we all share an interest in stability and peace more |
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Remarks on women pilots
News Desk
NEW DELHI: The Indian Air Force (IAF) vice chief, Air Marshal P K Barbora, on Thursday offered his apologies if anyone’s feelings have been hurt by his remarks on induction of women fighter pilots, and stressed more |
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Nato must not walk away from Afghanistan, says chief
BUDAPEST: Nato Secretary-General Anders Fogh Rasmussen said on Thursday the alliance must not turn its back on Afghanistan as this would raise the threat from al-Qaeda and lead to insecurity throughout central more |
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BoP scam accused sent on 12-day remand
By our correspondent
LAHORE: An accountability court on Thursday sent two main accused of the Rs 9 billion Bank of Punjab scam on 12-day physical remand, directing the NAB officials to produce them again in the court along with oth more |
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briefs...
Eid holidays
ISLAMABAD: Prime Minister Yousuf Raza Gilani has announced Eid-ul-Azha holidays from November 27 to 30, said an announcement made by the PM Secretariat here on Thursday.
Seve more |
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ISSN 1563-9479 
