A Matter Worth Taking Suo Moto Action

Supreme Court of Pakistan  has directed former President of Pakistan. Mr. Musharraf to appear on court on 29th July.  The case has not even started but a quick judgment prior to hearing from The Chief Justice of Lahore High Court and that too in front of hundreds of lawyers and media has already been passed.
Addressing the oath-taking ceremony of the Ferozwala Bar Association in Sheikhupura district, Lahore High Court Justice Mr. Khwaja Sharif  passed a statement that Musharraf had seen good times and now should be ready to face bad times because of his deeds.  He also said that Punjab  Chief Minister Shahbaz Sharif would resolve issues of the judges’ salaries because he considered quick dispensation of justice vital according to The News, July 25, 09.
I am not sure if a serving high court judge has the right to pass any judgment or even comment on the extremely sensitive issue which is going to be started in Supreme Court of Pakistan after couple of days.
Mr. Khwaja’s views on former President and the current Nawaz Shareef Government clearly tell us the inclination and behavior of judiciary in Pakistan

After witnessing that particular behavior of our “esteemed judge” many doubts have been raised in my mind not only regarding the fair trial of Pervez Musharraf but the overall behavior and professionalism of Pakistani judiciary.
In next few days big things going to happen in our country. This is just a very first loop hole revealed in Musharraf’s trial.
Courtesy: Pakistan Desk.com

1. Nasir M. Aijaz on July 29th, 2009 : This judge must be tried for contempt of court.
   In my opinion the whole lot of present judges including their chief are biased and have a chequered past. They all were availing the perks and benefits after taking oath twice under PCO in 1999 and 2002 and now have become saints and champion of judiciary.
   They are paid servants of Nawaz Sharif and also getting dictations from the US.
   We sure will see a lot of nonsense from these judges in the coming days and people will see their actual faces very soon.
2. nazia@gmail.com on August 10th, 2009 : SC DECISION IS BIGGEST FRAUD
   The decision of Supreme Court of Pakistan dated 31st of July 2009 as projected by media is the biggest Fraud in Judicial History of Pakistan when it says that PCO judges have been sent home. PCO Judges are still working and non PCO judges have been sacked, packed and sent home. The beneficiaries of the recent judgment are Chief Justice Iftikhar Chaudhry, Mr. Justice Javed Iqbal, Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan, Mr. Justice Tassaduq Hussain Jillani etc. All these judges violated the constitutional oath and took fresh oath under the PCO of General Musharaf after Pakistan army ousted Nawaz Sharif in October of 1999.
   The other set of PCO judges are Justice Faqir Muhammad Khokhar and Justice Javed Buttar etc. including other judges in High Courts who took oath under the PCO on 3rd of November 1999. All of them are judges even today and are still continuing.
   Interestingly the judges who have been sent home had never taken oath under any PCO. Most of these Judges were not even appointed in General Musharaf’s period. Infact they were appointed after the restoration of democracy in the country. The name of these judges who took oath under the constitution are as under:-
   1) Mr. Justice Pervez Ali Chawla
   1) Mr. Justice Habib Ullah Shakir
   2) Mr. Justice Nazir Ahmed Ghazi
   3) Mr. Justice Abdul Sattar Goraya
   4) Mr. Justice Syed Ihtasham Qadir Shah
   5) Justice Ms. Jamila Jahanoor Aslam
   6) Mr. Justice Mahmood Akhtar Khan
   7) Mr. Justice Jamshed Rahmat Ullah
   Mr. Justice Pervez Inayat Malik
   9) Mr. Justice Arshad Mahmood
   10) Mr. Justice Irfan Qadir
   11) Mr. Justice Syed Zulfiqar Ali Bukhari
   12) Mr. Justice Ch. Naeem Masood
   13) Mr. Justice Anwar-ul-Haq Pannu
   14) Mr. Justice Muhammad Shafqat Khan Abbasi
   15) Mr. Justice Imtiaz Rasheed Siddiqui
   16) Mr. Justice Bin Yamin
   17) Mr. Justice Khalid Ali Z. Qazi
   18) Mr. Justice Salman Ansari
   19) Mr. Justice Abdul Rehman Farooq Pirzada
   20) Mr. Justice Abdul Rasheed Klwar
   21) Mr. Justice Zafar Ahmed Khan Sherwani
   22) Mr. Justice Syed Mehmood Alam Rizvi
   23) Justice Ms. Soofia Latif
   24) Mr. Justice Maqbool Ahmed Awan
   25) Mr. Justice Safdar Ahi Bhutto
   26) Mr. Justice Moharram G. Baloch
   27) Mr. Justice Malik Muhammad Aqil
   28) Mr. Justice Syed Shafaqat Ali Shah Masoomi
   29) Mr. Justice Muhammad Iqbal Mahar
   30) Mr. Justice Khadim Hussain M. Sheikh
   31) Mr. Justice Muhammad Ismail Bhutto
   32) Mr. Justice Arshad Siraj Memon
   33) Mr. Justice Aamir Raza Naqvi
   34) Mr. Justice Muhammad Karim Khan Agha
   35) Mr. Justice Salman Talibuddin
   36) Mr. Justice Shaji Rehman Khan
   37) Mr. Justice Ghulam Mohayuddin Malik
   38) Mr. Justice Ziauddin Khattak
   39) Mr. Justice Syed Mussaddiq Hussain Gilani
   40) Mr. Justice Syed Yahya Zahid Gilani
   41) Mr. Justice Muhammad Alam Khan
   42) Justice Mazhar Hussain Minhas
   43) Justice Muhammad Ashraf Bhatti
   44) Justice Rana Zahid Mehmood
   45) Justice Kazim Ali Malik
   46) Justice Hafiz Tariq Nasim
   47) Justice Khalil Ahmad
   48) Justice MA Zafar
   49) Justice Malik Saeed Ejaz
   50) Justice Syed Shaheen Masud Rizvi
   51) Justice Ali Akbar Qureshi
   52) Justice Muhammad Ahsan Bhoon.
   The aforesaid 52 judges have never ever taken oath under the PCO. They have been ousted. The nation is celebrating and all the PCO judges are still continuing as judges. In short the fight between post November 3 PCO judges and post October 12 PCO judges has resulted in ouster of judges who took oath only under the Constitution of Pakistan and never ever under the PCO. The media, PML[N], the lawyers and other political forces are mixed up and are rejoicing the ouster of constitutionally appointed judges and PPP seems ignorant of this fact. Such things can only happen in Pakistan. After General Musharraf dislodged Nawaz’s government on 12th October 1999, Iftikhar Chaudhry in order to save his job took oath under the PCO. However when he lost his job on 3rd of November 2007 he condemned the PCO. Lets stop having double standards. All PCO judges should be removed regardless of the fact whether they took oath under the PCO before 2nd of November 2007 or thereafter. The irony is that PCO judges have removed those judges who took oath only under the constitution and never under any PCO.
   And if Dogar was not constitutionally right, then so was Musharraf and all the appointments in Musharraf's time in every domain should be nullified as well.
3. Note These are comments from The Pakistani Spectator