The courts in Pakistan have increasingly taken on the role of elected officials rather than ensuring that their growing influence in the country is actually becoming the strength of the parliament which has historically remained vulnerable to other institutional pressures, particularly the military establishment.
Section 6 of the JJSO prescribes special procedure for the juvenile courts which involves issues like not ordinarily taking up any other case on a day when the case of a child accused is fixed for evidence on such day; attendance of only specified persons in the court; and dispensing with the attendance of the child in the trial.
Even by Pakistan standards, it gets murkier by the day. To reiterate, institutions are made of individuals, and to establish reliable institutions, we shall have to create an environment where a noble soul is always applauded and a weak person is effectively checked.
If a usurper establishes a hospital, should that hospital be demolished because it was established by him? The provincial government that exercise administrative control over them appoints such officers. Therefore, the judges appointed by President Musharraf require validation by the restored Supreme Court.
Referring to his actions of November 3, even General Retired Pervez Musharraf did not mince his words, saying that he had taken an extra-constitutional step.
That is worrying the Pakistan Army, and it should. The tough have to get going: The only way to have a clean, honest and independent judiciary is to kill the corruption and not the independence.
The Chief Justice of Pakistan has been in the news lately for visiting hospitals, schools, and keeping himself updated Judiciary of pakistan the developmental speed of infrastructure projects rather than impartially and faithfully performing his duties in the constitutional domain.
The Constitution allows the judges to be appointed at the Supreme Court regardless of colour, race, and religious sect.
Such questions are raised on the assumption that there is a validly constituted Supreme Court in existence and that the judgments it is rendering are valid judgments. A state where one ordinary citizen can get justice against another citizen, but both cannot get justice against the state, is not a federation according to the jurists.
Apparently, the judicialization of Pakistani politics is in full swing.
In this era of independent judiciary, the High Courts should standup against the governments on this issue and refuse to confer powers on the already over-burdened courts and instead should insist upon establishing exclusive juvenile courts.
During this time, Supreme Court justices were described as notoriously conservatives and only few moderats, appointed by Prime Minister Zulfikar Ali Bhutto as his role as President in — During this standstill, the economic crisis facing Pakistan has attained the dimensions of an economic meltdown.
Every town and city or Tehsil has court of family judge. In certain countries, a six-month public debate period is required to float a constitutional amendment. Then, General Pervez Musharraf issued multiple ordinances on the pretext of consolidating the entire law, which repealed the enactment.
On November 3 , the structure of the judiciary was disintegrated and the constitution tossed aside in order to send 60 judges home. Another argument that needs to be addressed is the one raised by the present judges of the Supreme Court: Only a judge who can appreciate his role as defined by the constitution can guarantee justice.
Structural Independence When we talk about structural independence of judiciary we mean that the court must have a definite size and a definite number of judges, and the judges should be serving with definite and secure tenures and definite terms and conditions.
They take corrective measures at the right time because they know that negligence on such scores could split them into pieces and nobody would then be able to consolidate and save them.
The recent verdicts that the Supreme Court of Pakistan has doled out to the PML-N are clearly going to impact the result of upcoming general elections.
This is the body that reacts to any breach or violation of the covenant between state and its citizens. No doubt, the situation is tough but hope and struggle cannot be abandoned.
Some of them were serving as additional session judges before they were appointed as judges of the Supreme Court. This relationship is as consistent as if it were driven by a scientific formula.
The district nazim is working in his own place; the provincial governor and provincial chief minister are working in their own places, and the president is working in his place.
The News, a print-based publication of the same group, has been censored and pressurised not to carry pieces by two popular writers, Babar Sattar and Mosharaf Zaidi. He has also covered the post period and reflected on the reawakening of our superior judiciary.
Pakistan needs to ponder over the ways to stop continued mutilation of the constitution, and those responsible as well as their collaborators should be punished. The media and the higher judiciary had to be silenced for this experiment, an effort which has successfully been on for some time.
The Real Crisis The real crisis in Pakistan is that of leadership. When an attempt is made to amend the constitution behind closed doors, it means the perpetrators are aware of their culpability.The Pakitan Army is obviously perturbed that its carefully crafted mission with the Pakistan higher judiciary to remove any chances of a Nawaz Sharif's return to the political scene, has some unrealised resistance.
Last Thursday, the Islamabad High Court disqualified Khawaja Asif, the foreign minister of Pakistan, as a member of the parliament for not disclosing his employment details abroad.
The court has. Ensuring independence of judiciary and integrity of judges are fundamental. Besides, Pakistan needs to ponder over the ways to stop continued mutilation of the constitution.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex.
The Judicial System of Pakistan 2 At the village level, tribunals dispensed justice, which consisted of the assembly of the village, or the caste or the family.1 The village Headman acted as Judge/Magistrate for the mi-centre.comons.
The Supreme Court of Pakistan (Urdu: عدالت عظمیٰ پاکستان ; Adālat-e-Uzma Pākistān) is the apex court in the judicial hierarchy of Pakistan. Established in accordance to the Part VII of the Constitution of Pakistan, it has ultimate and extensive appellate, original, and advisory jurisdictions on all courts (including the high courts, district, special and .Download