Rida Hosain
@RidaHosain
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The government’s claims of parliamentary sovereignty are wrong. It was CJ Qazi Faez Isa that struck down a constitutional amendment in 2015.
There can be no room for engineering a 2/3rds. This assault on the judiciary should unite us all. A few thoughts:
Constitutional breakdown
Fundamental rights and an independent judiciary work together.
www.dawn.com
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This “unlawful marriage” conviction has completely discredited our judiciary. It is tragic that instead of putting a stop to it, our courts have become a part of the weaponisation of justice.
The message that this sends is clear: nothing is sacred.
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In 2023 alone, Justice Ijaz ul Ahsan declared military trials for civilians unconstitutional, and ordered provincial polls on time. In the face of pressure, he did his job.
Differences with certain decisions aside, today is a sad day for our SC.
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An excellent order by the SC:
1. The 41 candidates are deemed to be PTI candidates from the date their certificates were submitted.
2. The ECP publishing a list was simply a “ministerial” act & the ECP’s inaction has no substantive effect on their status as PTI candidates.
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The SC deprived PTI of the bat right before the general elections on Feb 8.
Now in the reserved seats case, the CJP questions why PTI candidates did not apply to the ECP for the bat symbol.
You really could not make this up.
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According to the Punjab Police, court orders are insignificant pieces of paper. The presumption of innocence doesn’t exist. There is no concept of an impartial and fair investigation.
Coming up next: Punjab Police using twitter polls to decide the outcome of a case.
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The highest court of the land does not have faith in the civilian justice system, and would rather allow military trials to continue.
Our civilian institutions have allowed the militarisation of justice.
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The amendments to the Official Secrets Act and the Pakistan Army Act are not part of the law. Withholding or refusing assent cannot equal deemed assent.
The President’s deemed assent only kicks in when the bill is passed for a second time in a joint sitting of parliament:
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The ECP violated the Constitution by not holding timely polls. Today, hours after assuring the Court that ‘free and fair’ elections will be held, ECP has stripped PTI of its election symbol.
ECP’s actions this year have been destructive for democracy.
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There is a stark difference in CJP Isa’s approach in the lifetime disqualification and symbol cases.
In the judgment overruling lifetime disqualification, CJP gives importance to fundamental rights, and states ambiguity in the law is to be resolved in ‘favour of the citizen’.
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Members of the bench that effectively paved the way for ECP to declare PTI candidates as “independents” now want to know why PTI candidates joined SIC.
This case is not about PTI’s strategy, it is about the basic right of the people to have a legislature that represents them.
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Under the constitution, the president shall continue to hold office until a successor is elected. This clearly means that all the constitutional obligations and duties continue to apply.
The president should announce the date of the elections as required under Art 48(5):
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For
@Dawn_News
on how the manner in which the cipher trial took place does not comply with fair trial standards as set out in Article 10A of the Constitution, and even on the merits, a ten year sentence for Imran Khan and SMQ was not made out:
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If Shahbaz Gill and Azam Swati can claim that they were subjected to custodial torture and violence, it is totally unimaginable how the system treats citizens without any political backing.
The system is broken.
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The UK’s lectures on democracy cannot be taken seriously.
However, the review of the bat symbol decision is pending. Yet CJP Isa continues to justify his absurd decision to deprive PTI of the bat, and disenfranchise millions of voters.
Internal elections > general elections.
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Lawyers Public Statement:
‘We recognise Justice Syed Mansoor Ali Shah as Chief Justice of Pakistan as of 26 October 2024, the day on which Chief Justice Qazi Faez Isa shall stand retired in the eyes of the law.’
#NotOnOurWatch
#PCORejected
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Lots of people on twitter justifying Gill’s arrest. We are so quick to abandon our principles when the person on the receiving end is someone we don’t like.
Stand for the principle, not the person. The world will be a much better place for it.
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The polls on senate seats in KP are yet to take place; scores of petitions are pending in election tribunals; & there are legitimate question marks on the election results in several constituencies.
It is a joke for this regime to even be considering a constitutional amendment.
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The ATC has shockingly approved the physical remand of PTI MNAs for 8 days.
The police do not have an automatic right to physical remand & it must be shown that it is necessary for investigation. Courts must not rubber stamp all requests.
This is blatant weaponisation of law.
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In just 3 months the SC has restored the NA and declared Suri’s ruling unconstitutional, interpreted Article 63A, and declared Mazari’s ruling discarding Q MPA’s votes unlawful. For an institution playing such a key role, there must be a clear criteria for judicial appointments:
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On the Pakistan Army Act (Amendment) Bill 2023 and how passing laws with virtually no debate goes against the very spirit of a parliamentary democracy:
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The same regime that actively obstructed elections in 90 days now wants to undo the SC verdict in the reserved seats case.
No definition of democracy allows you to change election results through reserved seats allocation.
It is clear who is rewriting the constitution.
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On neutrality: arresting a formal federal minister, picking him up in a car with no number plate, and refusing to inform his family about where he is being taken.
The same mistakes, typical establishment tactics, and a total failure to learn from history.
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On the arbitrary 8 February election date, and the blatant defiance of fundamental rights. At 50 years from 1973, the people’s fight for compliance with basic, fundamental commands of the Constitution continues.
Wrote for Dawn today:
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CM Balochistan, Sarfaraz Bugti, was part of the caretaker setup for months (resigning just before the election schedule was announced).
The Constitution prohibits members of caretaker cabinets from contesting the following elections, a resignation cannot bypass this.
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The letter by the 6 IHC judges clearly says interference has continued. The CJP cannot categorise this as a past issue, and claim ‘under his watch’ there have been no reports of executive interference.
Intelligence agencies interfering in judicial outcomes is a real time issue.
جب سے چیف جسٹس آف پاکستان بنا ہوں میرے سامنے کوئی مداخلت نہیں ہوئی،چیف جسٹس قاضی فائز عیسیٰ۔۔۔!!!
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The IHC found that there is an Orwellian style mass surveillance system in place which allows millions of citizens to be surveilled.
The system does not appear to have legal backing.
The SC suspended Babar Sattar J’s order & effectively allowed surveillance to continue:
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A mother has lost her only living son, children have lost their father, and a young woman has been left a widow.
Yet Maryam Nawaz chooses to ridicule and mock the murder of a Pakistani citizen. Cruel is the word.
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1. CJ Isa still insists PTI failed to hold intra-party elections.
Crucially, the very *occurrence* was not the basis for ECP’s order.
ECP’s order is limited to the fact that PTI did not conduct elections in accordance with its internal constitution. The SC went even further.
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There is no justification at all for the dismantling going on today. Those overriding the will of the people instil fear, mock the voter, and make it seem that it is not worth one’s while to vote. But everyone must vote on Feb 8th.
For Dawn today:
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This is a totally unnecessary comment by Justice Qazi Faez Isa, it cannot apply to a five member bench, and will only add to the chaos.
The “interest of citizens” will be served by holding elections in 90 days, not by suggesting postponement to cases of public importance.
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The previous hearing in the NAB amendments case was broadcast live.
The day Imran Khan is due to appear, there is no livestream. The court’s approach must be consistent, not arbitrary.
It is unfortunate that the Supreme Court has chosen to be selectively transparent.
دوران سماعت ایڈووکیٹ جنرل خیبرپختونخوا نے عدالت کو بتایا کہ عدالتی کاروائی کو براہِ راست نشر نہیں کیا جا رہا جس پر چیف جسٹس قاضی فائز عیسیٰ نے انہیں اپنی جگہ پر بیٹھنے کی ہدایت کر دی !
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The Zulfikar Ali Bhutto reference was heard by nine judges, the judgment overruling lifetime disqualification was heard by seven judges.
In the appeal regarding the trial of civilians by military courts, a six member bench has been constituted.
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Even Minallah J’s note states that the LHC decision directing elections to be held in 90 days is valid and binding on all public authorities.
No resolution, overly rushed bill, or public meltdown can help the government escape its constitutional obligation.
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With respect, going to university is not and should not be the only way to break into an industry that already has excessive barriers to entry for people in general, and especially those from lower income backgrounds.
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Jahangiri J was on the bench which held that CJ Aamer Farooq had no power to reconstitute the bench in the “Tyrian case” after realising he was in the minority.
He is one of the six IHC judges that wrote a letter about interference in the judiciary.
جسٹس طارق محمود جہانگیری کی ڈگری کا کیس سینڈیکٹ میں پیش ہونا تھا، مجھے مختلف تھانوں میں لے کر گئے، عوام نے شور مچایا تو یہاں لے آئے۔ پروفیسر ریاض، کراچی یونیورسٹی
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The order is a damning indictment of ECP’s conduct.
11 judges have held that ECP wrongfully deprived PTI of its right to contest elections & the majority reverses ECP’s illegal actions.
Justice Shah’s majority order will go a long way in restoring confidence in the judiciary.
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The military/intelligence agencies interfering in political and judicial outcomes continues to plague us as a nation.
While silent acceptance is the option exercised by most, IHC judges have shown tremendous courage: they have used their voice and position to speak against it.
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The right to a fair trial is the cornerstone of an independent judicial system. This right was trampled over to secure IK’s conviction - the right to a hearing was denied, he was prevented from leading evidence, and the trial was a total farce.
A complete mockery of justice.
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On Justice Ayesha’s recent decision on the workplace harassment law, and viewing the law from a victim’s perspective:
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When Ijaz ul Ahsan J raised questions about the constitution of the military courts appeal bench, CJP Isa asked why he left for Lahore early one Friday. He now wants to *publicly* remind another colleague of his duties.
Unnecessary and seemingly just to embarrass fellow judges.
CJP Isa vs Justice Minallah:
CJP Qazi Faez Isa in his additional note has expressed serious concern over the delay in writing a judgement by Justice Athar Minallah. "If I, as the Chief Justice of Pakistan, do not remind my distinguished colleagues of the aforesaid matters and
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1/2 If the government and the ECP succeed in their attempts to delay elections till October, there is nothing stopping them from proposing a further delay with a new set of baseless reasons.
It’s about time we learn from history and uphold the Constitution:
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1. The right to a fair trial is enshrined in the Constitution as an absolute, independent right. To be represented by a counsel of one’s choice is a fundamental aspect of a fair trial.
There was no justification for depriving IK and SMQ of this right.
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The govt. notification authorising ISI to nominate officers for intercepting calls/messages is blatantly unlawful.
It violates Babar Sattar J’s order: interception must be in line with the Investigation of Fair Trial Act 2013 which mandates a judicial warrant for interception.
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Anyone that saw the visuals of the arrest could have said that it had absolutely nothing to do with the law, and everything to do with asserting power.
The Supreme Court has roared in the face of arbitrary and excessive use of state power.
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1. Last year, Justice Qazi Faez Isa stated that PEMRA’s order prohibiting discussion on the conduct of sitting judges offended “the Constitution, law, morality, and Islam”. As per Justice Isa, forbidding legitimate criticism of judges neither serves the people nor the judiciary.
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There are only 7 female judges among 126 superior court judges in Pakistan. The judiciary cannot exclude the voice of half the population. And the federal government must also stop making all-male committees for legal reforms.
Spoke at the conference on inclusive justice:
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The Punjab Defamation Bill of 2024 tabled by the PML-N is a despotic law, and will have disastrous consequences for free speech.
1. One of the objectives is to protect the reputation of those in “constitutional office” including the President, Prime Minister, CJP, COAS etc.
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1/5 The LHC & SC decision, the Constitution and its clear wording all point to one direction: elections must be held within 90 days of dissolution. Yet the government comes up with absurd interpretations (4:3) to avoid elections.
You cannot hide from the popular will forever.
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The Pakistan Army (Amendment) Act 2023 has received the President’s assent.
1. The armed forces have been allowed to carry out activities related to “national development and advancement of national or strategic interest.” The law also validates activities already undertaken.
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If you disagree with a decision, appeal it. If you think a judge is biased, file a complaint. All parties must realise that nothing is achieved by vilifying the judiciary.
There is a difference between criticising a decision and attacking a judge.
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1. The minority order by CJP Qazi Faez Isa and Mandokhail J is curious as it *accepts* ECP fundamentally misinterpreted the bat symbol judgment, but it falls short of reversing the consequences which arose as a direct result of ECP’s incorrect decision.
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Boasting about ‘momentous victories’, and not a word regarding the acquittal of PPP MPA Jam Awais on the murder charge in the Nazim Jokhio case.
An acquittal enabled by forcing his family to agree to a ‘compromise.’ All under the watch of your great leadership.
PPP has not lost a political battle since 2018. Be it the Senate elections, VONC or the recent by elections,
@MediaCellPPP
under the leadership of
@BBhuttoZardari
is accomplishing decisive and momentous victories.
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The same senator that pushed for the trial of civilians in military courts now wants elections to be delayed. An utterly disgraceful, undemocratic resolution which has no legal status.
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Absurd of ECP to deny SIC (which includes certain PTI backed independents) their share of reserved seats, and distribute these among other parties.
Art 51 states members to reserved seats are elected through “proportional representation” based on the seats secured in the NA.
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3. The SC has deprecated ECP’s conduct and called its application “nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the Court”.
ECP’s mala fide is plain, and has been for a while.
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The dissent by Ayesha A. Malik J in a case where her male colleagues converted a conviction of “rape” into “fornication” is essential reading.
She strongly challenges rape myths.
Unfortunately, the majority perpetuates myths about how a “perfect” victim would react.
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In the reserved seats case, the most disturbing aspect of the minority order is the suggestion that SC orders are not binding if “not in consonance with the constitution”.
Absurd, unconstitutional suggestion that is a recipe for chaos & lawlessness.
Compliance is not a choice.
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In the election symbol case, the same significance was not extended to fundamental rights of citizens. In denying PTI the bat, Article 17 of the Constitution was used to uphold democracy within political parties (at the expense of democracy and fair elections in the country.)
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All those suggesting military courts are the only option are wrong. There is no justification for subjecting civilians to military trials given the vast human rights violations associated with them:
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It is the 50th anniversary of the Constitution this year, and the ECP has gifted us all with a blatant violation of it as well as contempt of the Supreme Court decision.
Those who were crying Article 6 in April last year cannot muster even a word of condemnation today.
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On the proceedings today:
1. The observations by Munib Akhtar J strike at the heart of the matter - can parliament regulate the inner workings of the SC? Conceding such a power onto parliament opens the door for further parliamentary intrusions into the judicial space.
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The SC order is damning for ECP.
A constitutional body that has a duty to act impartially has failed in its duty.
1. The SC found that the ECP took “shifting positions” to suit its immediate purposes & its application was an attempt to delay implementation of the verdict.
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It is ridiculous for the government to threaten imposing an emergency based on a provision which applies in situations of war, external aggression, and internal disturbance.
Another action (if taken) that is not likely to survive judicial scrutiny.
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Reserved seats are a constitutional entitlement of a political party, based on its proportional strength in the assemblies. Other parties have no entitlement to PTI/SIC share of reserved seats.
J. Shah’s Court minimising the absurdity caused by CJP’s election symbol decision.
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“A Vigo enters a house, a person is abducted, and no one knows what happened, including the SHO. We all know how all of this works” - Justice Babar Sattar: .
A cruel state that abducts its own people cannot progress. This is heartbreaking & indefensible.
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Passed the Bar course - with Distinction! Especially overjoyed at getting 90% in civil litigation.
It's been a tough year but totally worth it in the end.
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It was the PMLN of ’97 that attacked the Supreme Court, and it is the PMLN of ’23 that is threatening a boycott and possible references against judges for their decisions.
May better sense and the Constitution prevail.
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The recent SC judgment converting a conviction of “rape” into “fornication” furthers rape myths, and the reasoning has a striking similarity with the Mukhtaran Mai case.
Today’s piece on Ayesha J’s powerful dissent, and the need for a gender perspective:
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“There is no rulebook which can protect women from crimes of violence. These crimes have nothing to do with the characteristics of the victim and have everything to do with the perpetrators of the crime…”
My piece for
@thenews_intl
today:
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The striking part of the hearing is ECP’s conduct:
*ECP declares PTI candidates as “independents” mere days before the elections.
*ECP effectively excludes a major political party from the electoral process.
*ECP now relies on the anomaly caused by its own erroneous orders.
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Bulldozing forward with canons, tear gassing at citizens and inside homes, using excessive force all based on warrants issued to secure Court attendance.
This pathetic government only came into power to create further chaos, governing the country was never on the agenda.
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The MPO law is an oppressive, Ayub era, martial law invention. It should have been relegated to the past ages ago.
This is indefensible.
Yesterday
#KhadijahShah
got bail in the "last" case against her.
Today, she has been detained under the Maintenance of Public Order Ordinance.
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Spending a week in prison does not pass the threshold set for crying apparently. You ought to have gone through much greater injustice to display human emotion.
Trust us to make blatant political victimisation into a contest about who was victimised more.
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Where the law is not clear and itself contemplates a distinct penalty, an interpretation that disenfranchised millions should not have been adopted. To use the words of the CJP, an interpretation “in favour of” the citizens should have been preferred.
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I would ask all those who are commenting under this post saying there is no legal requirement to refer to a judge as “your Honour” or “your Ladyship” to kindly go and refer to a male High Court judge as “Mr.” and tell me how that goes.
Today in J. Ayesha Malik's courtroom, a male lawyer kept referring to her as Miss, she shut him down saying "I am not 'Miss', I am either your Honour or your Ladyship." The entire courtroom was silent, I am in awe of this woman🙌
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1/6 If the Govt declares that based on the ECP decision, PTI is a “foreign-aided party”, the SC is unlikely to uphold it.
Such a declaration against a party that emerged as the largest party in the NA 4 years should not be taken lightly. The circumstances don't merit it either:
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In the Khawaja Asif Case, the Supreme Court has already ruled that a caretaker government cannot take major policy decisions which will impact the elected government. It goes against the right to be governed by our *elected* representatives, and the constitutional framework:
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A government that is refusing to hold the elections now despite the clear wording of the Constitution and a Supreme Court decision can also do the same later:
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There is a constitutional duty on the president to appoint a date for general elections. A letter asserting when the elections “should be” and asking the ECP to “seek guidance” from the judiciary cannot suffice.
This falls miserably short of appointing a date as per Art 48(5).
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That this even needs saying speaks volumes as to where we stand today: you don’t get to ‘reject’ Supreme Court decisions.
They are binding on all parties, unless of course, you want to expose yourself to contempt proceedings.
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The “unlawful marriage” conviction will remain a stain on the broken criminal justice system of our country. A woman’s dignity was attacked, and unjustifiable aspersions were cast on her character.
This case should never have resulted in a conviction in the first place.
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The SC rightly rejected the Defence Ministry’s position, democracy cannot be made subject to the situation in the country. The Court’s decision should have been immediately complied with, and it should never have gotten to where it has.
A few thoughts with
@Dawn_News
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Until those responsible for enforced disappearances are held accountable, the culture of impunity will carry on.
The lives of entire families have been destroyed, while the state continues to use disappearances to silence and oppress their own people.
#ThisEidAskForRelease
Poet & journalist, Mudassar Naaru was forcibly disappeared in August 2018 from Kaghan while on vacation with his wife Sadaf and son, Sachal.
Sachal was only 6 months old at the time.
Sadaf left this world trying to find answers.
#ThisEidAskForRelease
#ReleaseAllMissingPersons
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It is PML-N’s position that makes a mockery of the constitution: SC should ignore ECP’s grave illegalities, a party should get reserved seats greater than its proportion of general seats, and an unrepresentative legislature should be imposed on the people.
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Those who were once criticising overuse of contempt powers are now cheering for Imran Khan’s conviction - an unconditional apology doesn’t seem enough.
IK should not have used a threatening tone against ADSJ Zeba Chaudhry. He should apologise and move on. So should the Court.
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The governments actions are setting a deeply problematic precedent, the implications of which could be far reaching.
You don’t get to ‘reject’ court verdicts that are against you. This goes beyond just being a bad loser - it is threatening the sanctity of the Court.
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Sanam Javed has been in jail for over a year. Each time she is granted relief by the courts, new cases appear to obstruct her release.
These arrests have nothing to do with the law.
These are actions of a cruel and vengeful state.
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To characterise Zardari’s actions as genius and clever is to be ignorant of their harm to the country and democracy.
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The caretaker prime minister wants “rule of order”. Social order without the rule of law is authoritarian rule.
Wrote for The News on the breakdown of the legal system, and the law as a tool for revenge:
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The minority order by Aminuddin and Naeem Akhtar Afghan JJ states the majority has virtually found that the 80 candidates are not “honest and ameen”.
Curiously, Aminuddin J was on the bench which held Art 62(1)(f) is simply a “guideline” for voters and is not “self executory”.
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Excellent decision by J. Ayesha Malik adopting an expansive and inclusive definition of “harassment” under the workplace harassment law.
The judgment states harassment is not limited to cases of a sexual nature and includes gender based discrimination:
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After witnessing decades of military rule, hybrid experiments, and elected governments crumbling before their term is over, it is about time we stop being creative.
The Constitution does not allow for an “extended” caretaker set up. The end, please.
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The trial of civilians by military courts is a gross violation of the right to a fair trial and due process. The Supreme Court rightly struck down S.2(1)(d) of the Pakistan Army Act 1952 in its entirety:
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1. The SC decision striking down the NAB amendments sets a dangerous precedent. It is not for the Court to allocate legislation into groups of “good” or “bad”. The majority decision completely erodes the separation of powers, and paves the way for even worse judicial overreach.
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This essentially means: judges that are serving members of the military, trials conducted in secret without any transparency, and shoving all due process rights to the side.
It is grossly unjust for civilians to be tried by military courts.
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