PM contempt notice: Hearing adjourned till Feb.1

TrendPK.com
ISLAMABAD: Former Supreme Court Bar Association (SCBA) President and Pakistan People’s Party (PPP) leadler Aitezaz Ahsan  said the Prime Minister Syed Yousuf Raza Gilani did not write the letter to the Swiss officials as the immunity entitled by the Constitution is there.

Appearing before a seven-judge bench headed by Justice Nasirul Mulk, Aitezaz pleaded that his client did not attempt any contempt, as he acted constitutionally.

Addressing Aitezaz, Justice Sarmad Jalal Usmani remarked then the matter ends here. On this, Ahsan pleaded the court for more time for preparation, as this is not a common case. He pleaded he did not receive complete record over the issue.

“I need a month to read all the relevant records in the NRO case,” Ahsan prayed to the court saying President enjoys immunity in every court and this immunity is not limited to merely Pakistani courts.

The PM’s counsel stressed the judges are also required to abide by the Constitution, of which they are on oath.

On this, the court, giving him two weeks time, adjourned the proceedings till February 1. It should be mentioned here the counsel solicited one month time. Meantime, the PM Gilani has been exempted from the appearance in person during the next hearing.

Earlier, Ahsan said no letter will be written to the Swiss authorities against President Asif Ali Zardari until he stays in his office, adding PM Gilani will act upon the implementation order as the time approaches for the purpose.

“Can the PM Gilani be held responsible for the contempt of the court, if we take stock of the judicial orders?” he queried adding his arguments are focused on this single point.

Aitezaz said he did not come to the court for to effect change in the court order; nor does he intend to bring it under discussion.

Justice Usmani said the government did not raise the immunity of anyone before.

Earlier, Justice Asif Saeed Khosa and Justice Nasirul Mulk appreciated the PM Gilani on his appearance before the bench.

Ahsan noted, ‘Chief Justice enjoys immunity in cases; the same applies to other constitutional offices.’ On this, the court said President’s immunity will be debated in the next hearing.

Justice Khosa said to Ahsan, “No more proceedings will be required if you satisfies the court on Article-248 of the Constitution.”

Justice Usmani said it is the court which will decide if the approach of the PM Gilani regarding the immunity is in the right or wrong asking him as to why he does not give arguments over Article-248.

Justice Usmani asked him to clarify the link between the writing a letter and immunity, querying him if he will write a letter if the court vindicates that President does not enjoy immunity.

Justice Usmani asked him if he wanted to file his rejoinder in reply to show cause notice. Ahsan replied he could answer only after viewing the record, which he did not receive as yet.

On this, the court directed National Accountability Bureau (NAB) and Law ministry to give him (Ahsan) access to the record. TrendPK

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paula abdul 911 call – Arguments with boyfriend

“Paula Abdul’s 911 call: Not the best Valentine’s Day ever”

Paula Abdul made a frantic and tearful 911 call during a Valentine’s Day drive with a boyfriend.

The call was made while Abdul was traveling as a passenger in a car on the 101 freeway near Santa Barbara, California. At one point Abdul tells the operator responding to the call, I want out of this car and he won’t let me.

According to TMZ, authorities contacted Abdul by phone an hour later and visited her home at night, but Abdul declined to file a police report. A rep for Abdul tells the website, Arguments with loved ones are often times heated.

See alsoPaula Abdul Searching for a Better Offer?

Benazir murder case: Arrest warrants issued for Saud, Shahzad

A special Anti-Terrorism Court of Rawalpindi has issued non-bailable arrest warrants of former CPO Saud Aziz and SP Ashfaq Shahzad on the request of FIA in Benazir murder case.

The court judge Rana Nisar Ahmed heard the Benazir murder case in Adiala Jail. The judge during the hearing ordered Saud Aziz and Ashfaq Shahzad to appear in the court in the upcoming hearing on December 11 and he also issued non-bailable arrest warrants against the two officials for their alleged negligence. FIAs special public prosecutor Muhammad Azhar and Ch. Zulfiqar presented their arguments in the court. Azhar said that Saud and Shahzad were companions of the culprits. He said Khurram Shahzad was deployed in Liaqat Bagh to supervise security of Benazir Bhutto but Saud sent him to Koral area of Islamabad deliberately.

The court while accepting the plea of accused Aitzaz Shah and allowed him to continue his education in jail. The hearing was adjourned till December 11.

NEPRA approves Rs. 0.70 per unit reduction in KESC’s power tariff

Staff Report

ISLAMABAD: National Electric Power Regulatory Authority (NEPRA) has approved Rs. 0.70 per unit reduction for Karachi Electric Supply Corporation’s (KESC) power tariff.

According to details, NEPRA conducted hearing of an application from KESC in Islamabad on Wednesday.

After completion of the arguments from all stakeholders, NEPRA approved reduction on fuel adjustment basis for the month of September and on quarterly review basis for the months of July to September.

A reduction of Rs.0.18 has been made on the fuel adjustment basis and Rs. 0.52 on the quarterly review basis. Trend Pk

SC rejects plea to halt Pak. Steels corruption case

Staff Report

ISLAMABAD: The Supreme Court of Pakistan has rejected the plea, made by the counsel, to halt the corruption case of Pakistan Steels.

The Chief Justice of Pakistan Iftikhar Muhammad Chaudhry resumed the hearing of Pakistan Steels’ corruption case on Wednesday.

The counsel, Fakhrudding G Ibrahim, pleaded the Supreme Court to halt the hearing of the case because Pakistan Steels is facing rupees one billion’s loss every month.

He argued that the investigation has dropped the production to 40 percent. He added that even the Scotland Yard has failed to stop such white-collar crimes.

The Chief Justice expressed annoyance over the arguments of the counsel and said in his remarks that it is a matter of rupees 26 billions’ corruption, how shall the hearing be halted.

“No one is ready to tackle the influential wrongdoers and the

SC for Action Against Persons Involved in RPPs Corruption

News Trends: Chief Justice Iftikhar Muhammad Chaudhry, while hearing the suo moto case over Rental Power Projects, said that more factories should be installed and more investment should be encouraged; contrarily, money from national exchequer is being distributed among few people.
Giving arguments in the Supreme Court, PML-Ns Khawaja Asif said that not a single unit was added in the system after spending 15 crore dollars on rental power plants (RPPs), in spite of gas shortage in the country, rental plants were provided uninterrupted gas supply. He said that the two companies which were paid by the government have been completely failed, and no action has been taken against them.
Continuing his arguments, Faisal Saleh Hayat said that 170 crore rupees were sent abroad through Malik Exchange on the name of Iqbal Afridi, FIA was handed over the case but it didnt take any action. He said that corruption was involved in this project thats why no action was taken.
The CJP said that action should be taken against all those involved in alleged corruption in rental power projects. He said that common man was deprived of facilities while few specific peoples accounts were filled. He said that nobody would be allowed to waste the money of taxpayers. He said that income gap was widening day by day. The CJP said that the Constitution guarantees protection of life and assets, and Article 9 was violated in this case.

18th Amendment case hearing to be completed today

Staff Report

ISLAMABAD: The 18th Amendment case hearing is underway; the Supreme Court is expected to complete it today. Justice Ramday said during the hearing that a commission is being formed to send judiciary to the administration’s home.

A 17 member Supreme Court bench continues hearing of the case. Counsel Rashid A. Rizvi has completed his argument, while the arguments of counsel Abdul Hafiz Pirzada are underway.

During the hearing, Justice Ramday passed a remark that Great Britain made a commission to keep the administration away from judiciary, but in our country a commission is being formed to send judiciary to the administration’s home.

Justice Ramday added that it is the British Court of Human Rights’ decision for procedure judge appointments to be directly linked with the judiciary’s independence; and assigning appointments power to the Law

Words on minorities freedom forced out of Objective Resolution: CJ

ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said exclusion of words on freedom of minorities from Objective Resolution, was not a clerical mistake; instead, these words were wittingly abolished, Geo News reported Wednesday.

The CJ Chaudhry said this while heading a 17-juge SC’s larger bench hearing various constitutional petitions against Eighteenth Amendment with particular reference to the formation of judicial commission.

Today Attorney General Maulvi Anwarul Haq continued his arguments before the bench.

During the course of proceedings, the CJ addressed the AG, ‘We don’t know to which extent, Objective Resolution or Article-2A can be invoked for the independence of judiciary.’

He sought the AG to take an overview of the Constitution to ascertain the article to lend strength, independence and through protection to the judiciary.

Justice Tassaddduq Jilani also remarked that it is imperative to be honest to history.

President takes note of Faisalabad killing

ISLAMABAD: President Asif Ali Zardari on Tuesday took a strong note on media reports regarding murder of two brothers at a court in Faisalabad and a controversy surrounding a historic Hindu temple.

Taking note of the media reports about the murder of two, accused of writing blasphemous pamphlet outside a court in Faisalabad on Monday, the president strongly condemned the incident and said it has brought bad name to Pakistan.

President Zardari said the life of every person was sacred and no one can be allowed to take the law into their hands.

The president directed the provincial authorities to take every measure for the arrest of the culprits and assured that justice would be done.

He expressed sympathy with the families of Pastor Rashid Emmanuel and his brother Sajjad and directed the provincial government for payment of suitable compensation.

The president also took note of the media report about demolishing of a building, claimed to be a Hindu temple, in Rawalpindi.

The president asked Minister for Minorities Shahbaz Bhatti to investigate the matter and report the factual position.

SC expresses displeasure over Shahid Orakzai”s gesture

ISLAMABAD: Shahid Orakzai, a petitioner challenging certain provisions of 18th Amendment, on Tuesday astonished a 17-member larger bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry, by tossing on ground a booklet containing the 1973 Constitution.

During course of his arguments, Orakzai held the Holy Quran in his right hand and 1973 Constitution in left hand and said if anyone asked him that he could be saved from drowning if he opted for one, he would prefer the Constitution to go down and hold the Holy Quran.

The gesture was responded with a strong reaction from the bench members who asked him to tender unconditional apology for his irrational move.

Chief Justice Iftikhar Muhammad Chaudhry warned him to tender apology, otherwise the court would proceed against him.

Justice Mian Saqib Nisar sternly warned him for such action. Justice Mohammad Sair Ali said that they had taken oath to protect the Constitution but he had desecrated it.

Dr Asalm Khaki and other senior lawyers also persuaded Orakzai to tender apology but he refused.

The chief justice told him that he was given a chance to apologize unconditionally, otherwise they would take action against him.

Orakzai said if anyone felt annoyed with his gesture, he offers his regret.

Shamsahd Manget, a petitioner and senior journalist, through his counsel Hashmat Ali Habib, brought to the court”s notice that Rawalpindi-Islamabad Union of Journalists also condemned Orakzai”s irresponsible behaviour.

Earlier, he assailed establishment of Islamabad High Court and said its establishment would amount to constituting of a new province.

He also criticized the criteria described in Article 175-A for appointment of judges of superior judiciary.

Hashmat Ali Habib in his arguments said that Article 175-A should alternately be rephrased by deleting the executive representatives like law minister, attorney general and senior representative of bar council from the Judicial Commission.

The chief justice told him that they could not re-modify it but under judicial review, could see whether it was in accordance with the Constitution.

The counsel said for an independent judiciary, the minimum qualification for eligibility of a person for appointment as a judge should be revisited.

Further to secure this objective, the sitting office bearers of bar associations or bar councils should be declared not qualified to be considered for appointment as judge of the superior courts, he added.

Justice Javed Iqbal remarked that wisdom and acumen was not related to possession of bachelors degrees.

Citing an election of PBC in Lahore, Hashmat said these elections were politically motivated and millions of rupees had been spent on campaigns.

He said the 18th Amendment was a reproduction of 17th Amendment which was not permissible under Articles 238 and 239 of the Constitution.

He contended that in presence of Article-A (Objective Resolution) the parliament was not authorized to amend such laws.

Dr Aslam Khaki, another petitioner appearing in person, contended that with insertion of Article 175-A, the independence of judiciary had been marred by political interference.

He said the people tasked with responsibility to appoint judges, should have at least calibre to do so.

To Justice Khalil-ur-Rehman Ramday”s query, he replied that there was a vast difference between the process to create a new constitution and amending it.

He said the 18th Amendment was more harmful than NRO as it manifested malafide intentions of certain political forces.

Khaki claimed that 18th Amendment was based upon ”give and take” tactics.

The consultation process in parties had been eliminated which was a negation of the concept of Islamic ”Shura”.

Justice Javed Iqbal questioned how could the process of Shura be affected. Some parties sat together and consulted, he added.

The petitioner said that the countrymen could not legislate upon certain issues like marriages.

He said neither the parliament nor the people were supreme but it were the Islamic laws which should govern an Islamic society.

To his contention about powers of Shariat Court under Article 203-D by striking down parliament”s amendments on touchstone of Islamic principles, Justice Ramday asked how parliament could be made subservient to the Shariat Court?

“A civil court can do so and even a High Court? How can you make courts to rule over parliament?” he remarked.

To his arguments over Judicial Commission, Justice Mian Saqib Nisar observed that it was not only the ability factor which should be considered for elevation of a judge but there were certain other factors which should be considered as well.

He said how could a retired chief justice or judge of the apex court could be given a role in the Commission along with serving judges.

“A head of a political party thought and proposed inclusion of such retired judge to strike a balance in the Commission. Is it the criteria for a constitutional amendment?” he added.

Justice Javed Iqbal replied to the counsel”s argument by saying that it was not for the first time that a stone was thrown at judiciary but stone pelting practice was dated back.

The hearing was adjourned for Wednesday. Iftikhar Hussain Gillani, counsel for Khyber Pakhtunkhwa government would present his arguments.

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