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Pak Tea House » Judiciary, Justice, Pakistan, Parliament » The decision to oust Prime Minister Gilani

The decision to oust Prime Minister Gilani

By Yasser Latif Hamdani

A few hours ago the Supreme Court of Pakistan ruled that Yusuf Raza Gilani stands disqualified under 63(1) g of the Constitution. I have written extensively on this in many of my previous blog posts which may be found on this website. However I’d like to state some basic issues with this judgment in clear and unambiguous terms (sadly no one speaks in those in Pakistan:

1. The Supreme Court of Pakistan, in my legal opinion, is NOT vested with the authority under the constitution to dismiss the Prime Minister or over-rule the decisions of the Speaker i.e. Presiding Officer of the National Assembly whose decisions are his or her privilege and are covered by the parliamentary privilege clause.

2. Chief Justice of Pakistan/the entire Supreme Court of Pakistan has no authority to dictate to the Prime Minister of Pakistan on what to write to which foreign authority. That is an executive function and not a judicial function.
3. The Prime Minister was correct in obeying 248(2) of the Constitution above arbitrary dicta of the Supreme Court of Pakistan. He has paid a terrible price for following the Constitution in its letter and spirit. My heart goes out to him.

4. By loosely wording the short order and disqualifying the Prime Minister from 26 April, 2012, the Chief Justice of Pakistan has opened up a whole new constitutional crisis for Pakistan. The status of the budget as well as the recent executive decisions of the cabinet are now under a shadow. The impact of this on the economy and uncertainty it will create will be terrible.

I am not a People’s Party supporter. However, here one must commend the PPP for the statesmanlike manner in which the party has accepted what is otherwise a monumental injustice to a Prime Minister who was unanimously elected as the leader of house in 2008 and for the crime of obeying the Constitution.

It is now important to acknowledge that we are no longer a democracy but a judiciary, where the whim and will of an unelected institution ostensibly carries more power than 180 million people.

Perhaps it is time to dispense with the pretence of parliament, prime minister and president and constitutionally empower the Chief Justice to act as all three. Wait why constitutionally empower him? The Chief Justice should pass a decree abolishing everything other than the supremacy of the Supreme Court.

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129 Responses to "The decision to oust Prime Minister Gilani"

  1. Rex Minor Germany Google Chrome Windows says:

    Delhi,

    The one who kills another human in the USA is electricuted, but the one who burns Quraan has the protection of the holy law of “freedom of Expression”. Do not mae any bets but use nowledge; the third largest employer in the USA is the Prison establishment. There are more criminals in the secular USA than in the whole of Europe, India and Pakistan combined. I bet a dime and am prepared to loose. You coect the statistics.

    Nonsnse and biased rhetoric are your comments for the purpose of diversion. No one can justify the murder of another human, under any circumstances. Try to use your kid to shield you from violence, before you malign victims of violence.

    We as humans are all sinners and despite our different faiths do not have absolute control over our actions. Our reflexes cannot be totaly brought under control and this is what you are describing about the events in not only muslim but non-muslim countries as well!

    The only remedy for managing human violence is to eliminate the causal factors as far as possible and to create a humane and just society in the world. The European Union is embarked on this route and aims at creating a social and just society for its citizens and already eliminted the capital punishment. No one having the right to take the ife of another, neither an individual nor the State.

    But remember that the purpose of the Ibrahimic religions in this world was to overcome the practices of Pagans and their inhumane cultures of human sacrifises to please their false imaginary Gods made of clay. This practice was overcome and eliminated with perhaps few exceptions which might stil be carried out secretly or in African and amazon forests.

    Rex Minor

  2. Rex Minor Germany Google Chrome Windows says:

    Sherjat,

    Rex has claimed nothing but you are an imposter!

    Rex Minor

  3. sherjat United Kingdom Google Chrome Windows says:

    Rex you refer to Abrahamic religions, as if they are interconnected and accept one anothers existence and have a recognition for one anothers faith. I have heard of Judeo christian but have never heard of the Jews or christians ever acknowledging Islam as a related faith. To a jew or a christian Islam is the imposter. They are like the Mirjai. All muslims reject Mirjai but they are abrahamic faith and even accept Muhammed, Omar and Ali. Still they are abhoremt to muslims similarly trying to link yourself with jews and christians is a failed mission.

    Finally if you watch Zakir Naik your fellow pathan living in India, he says that their is only one god in Induism.

  4. Rex Minor Germany Google Chrome Windows says:

    Parvez,

    Lady G in my opinion is one of the few honest Floridans, who loves horse riding and is therefore closer to the Creator of the universe. I am sure that she knows that today’s American horse was born in Americas millions of years ago, migrated to the European continent overland,to central Asia, Indian subcontinent, middle east and then returned to USA from Liberian Island on ship as a fully developed and civilised horse.

    Rex Minor

  5. Rex Minor Germany Google Chrome Windows says:

    The jews and the christians who follow the teachings of Moses or Jesus have no religious conflict with Islam! But those who did not were banned from the city of Madina and later from Mecca.

    Today’s jews are the poor sods who have only the wailing wall left to bang their heads against for the deeds of those who since the time of Moses have not left the affection for the golden Kalb(calve). The christians went from ONE GOD to a trinity and after their setback in crusades against the globalised world of Ummah, are today struggling with the power of the church. There are many stil who like the moths are swarming around whenever and wherever the light of Islam appears.

    Those who are the believers today wheather jews, christians and muslims believe in Allah, the name of GOD in aramaish language!!

    Indian and Pakistani muslims should learn the arabic language so that they are able to understand in time the Islamic scriptures, instead of creating confusions by their translations in poorer languages, be it Punjabi Gurmukhi, hindi,urdu,pushto, kashmiri or English.

    The non-believers are in a flex who were previously used to enjoying their life in seclusion and isolation, and are now running around in the believers world like headless chickens, not sure of their soft Gods anymore and are turning towards Atheism and plagarising their constitutions and laws which the believers have established in today’s civilised world!

    Rex Minor

  6. milestogo United States Safari Linux says:

    allah is a false pagan god. Kne shoukd believd in one true god.

  7. Rex Minor Germany Google Chrome Windows says:

    Muslim Brotherhood, which was banned for decades in Egypt, its candidate has now been declared as the President of the new Republic of Misr. They now have the opportunity to demonstrate what the religion of Islam is all about- with their centuries of producing Islamic scholars to guide the word of Islam. Freedom and justice for all, muslims, christians and others. Equal rights and responsibility for all citizens. You have a long way to tae away special rights for the military. Follow the example of Turkey.

    Rex Minor

  8. Lady Guinevere United States Mozilla Firefox Windows says:

    @ Parvez & Rex Minor. First of all, yes, you have now put Lady “G” on the ropes and I shall have to defend myself with more than a few lines for the first time here on PTH!

    First of all Parvez, a woman loves nothing more than a romantic cave man! And no, they are not mutually exclusive. Think about it and notice that it is the subject yours truly (first) decided to comment on! Ah, romance; it reminds me of a quote from a post last year right here on PTH and with “yall’s” permission I shall re-quote it now: “The heroic age of antiquity lives in dreams like sand castles built on the beach to be reconstructed every afternoon. It is a worthwhile activity of love, passion and hope”.

    And Rex Minor, thank you for your recognition of my expertise on horses, in particular the original pure bred, the Arabian. The modern horse sprang from the Preswalskis’ horse to be found after the last major ice age 35,000 years ago near the Caspian Sea. Some of these horses had wandered above the ice before that time and became the large mixed draft breeds of the Forests of what is now Scotland, some had wandered to Africa to become the Zebra but the ones that had wandered to the Arabian Desert were exclusively bred by the Bedu most thoroughly for thousands of years to be the hardiest and most genetically pre-potent in the world even today. Every major horse breed in the world except for the pure bred Draft’s have Arabian blood lines incorporated into their pedigrees.

    As far as the “stand your ground law”, it is not exclusive to Florida. I knew from the inception of this law that there would be abuses but then again, any law is as good as its interpretation. Which brings up the question; are laws to be enforced or interpreted? This should be a subject for lively debate as our SCOTUS seems to be more intent these days on “interpretation” than “enforcing” when it comes to our precious Constitution. While President Eisenhower may have been one of our very best presidents he put two major tears in our constitution while in office. We can start with his help with overthrowing the Iranian seat of government so that the Shah could be installed and England could get its blessed (BP) oil contract back! Talk about abuse of power using the C.I.A.! The other was by using a state’s National Guard against that state’s government to enforce a Federal law, and that encroachment, (20 years later), was determined by SCOTUS to be unconstitutional! Some times justice comes a bit too late, don’t you think?

    Perhaps I misinterpreted your comment Rex Minor but were you praising the Muslim Brotherhood??? While Mubarak might have been a U.S. puppet at least he kept peace in the neighborhood. We can discuss that particular “peace in that neighborhood” until the proverbial cows come home but peace, always fleeting in that particular neighborhood, is a daily negotiating pain in the ass! Although the M.B. was formed in the 20’s, it has been a real threat since the 40’s but now they are clamoring for their particular brand of socialism but frankly, what means to an end? Egypt cutting off the gas supply to Israel right now with Iran rattling their particular brand of sabers does not bode well! Why is it that the U.S. always intervenes when it shouldn’t and vice versa? And now, Syria? Let’s face it, why didn’t Bush leave Iraq alone, oops, silly me, the old OIL contracts. Again we have B.P., but look what happened in the end. Mobil/Exxon finally got that contract. I wonder who has a whole bunch of that stock? Let’s see now…………………who shot John? Big neighborhood!

    As far as burning the Quran in Florida……really Rex! Even the Bible thumping Christians around here were horrified! Does anyone remember the movie “The Name of the Rose”, set in 1327 with Sean Connery (swoon)! Although it was a murder mystery the story line that was most important to me as it was set in the 14th Century and so few books were printed, and the Holy Roman Catholic Church had exclusive rights to them all in Europe. In the end the Monostary caught on fire and Sean Connery and his student had to try and save some very important scrolls. The quote in the novel that movie was made from says; “books always speak of other books, and every story tells a story that has already been told,” refers to a postmodern ideal that all texts perpetually refer to other texts, rather than external reality.” The burning of a book is a sin unless that book is so reprehensible as in child pornography. This again opens the door to interpretation.

    @Parvez: Secularism came from the Renaissance when theologians and scientists together; (did you ever hear of Erasmus?) begin to use the theories of science instead of the dogma of religion to explain human behavior. “Humanism” ie: humans are capable of being good, moral and ethical without belief in a “God” or supernatural being(s).

    War is caused when “males” have too much time on their hands; and it is usually over the acquisition of “stuff’, you know land, jewels, POWER to impress females! And yes, you were using words like scriptures and secularism in your post and that is why I commented on what you said. Perhaps you should re-read what YOU wrote!

    @Rex, as for as the Bush’s; Iraq 2002, Kuwait-Iraq 1st time around, using Cuba and other places for torture, (not original btw) and perhaps you do not know this but Jeb and George II got into a pissing match because Jeb said No, No , No, to offshore drilling up close and personal off the Florida coast!

    As far as the cradle of civilization the world has been misled as to that event as they all think it was Mesopotamia. It actually was India and what is now part of the Punjab! And a couple hundred years ago they found remains of the Neanderthals in the Bogs up Scotland or Ireland way!

    To Parvez and Rex Minor, I trust I have addressed all the subjects brought up in your posts to me. I thoroughly enjoyed it and although some of my answers were “off the cuff”, I certainly hope they were as near to the truth as best I can remember without thoroughly researching the dates etc.!

    Lady Guinevere

  9. tajender Canada Internet Explorer Windows says:

    Egypt cutting off the gas supply to Israel right now

    lady G, mubarak was selling gas to isreal at below international price,against hefty commission, this treachory made him richest(97billion) man of world.while normal egytian could not marry upto the age of 45 years.he and his family must be forced to bring back that wealth.
    regarding civilization,it started from egypt reached babylon to india.
    hidu/aryan period was the darke period budhhdist was golden era muslim rule made india.british were robbers,robbed india with the help of hindus(brhmns)reduced our economy from 25%to 1.5% and level of literacy from 93% to 7%.

  10. AKB Pakistan Mozilla Firefox Windows says:

    @ milestogo

    Allah says you are doomed forever and even if you are reincarnated you will stay a swine!

  11. AKB Pakistan Mozilla Firefox Windows says:

    @Rex Minor

    BTW how many HIndoo’s know Hindi or Sanskrit and can read Gita?? A handful of them perhaps. Gita has deep philosophical thoughts depicted tediously and are not for the understanding of a common Hindu at all!! If that is right what’s wrong with Muslims of all nationalities, creed and color..reading and reciting the Quran in Arabic??? Since in Pakistan Urdu is commonly spoken and understood by all there is no problem for Muslims to understand the Arabic text given its translation beside it..moreover some verses which are memorized by a common Muslim are know to him with it meaning as well!! FYI Urdu language contains many many words of Arabic and it is not so difficult for a Muslim to understand the meaning of some Quranic words whereas for Muslims speaking other languages it is also very easy for them to learn Arabic basis…as Arabic language begins with 3 letter words….and with these 3 initial letters one can built several words. The wicked Murjai’s took unfair advantage of this and invented an abnormal and uncostomary

  12. AKB Pakistan Mozilla Firefox Windows says:

    @Rex Minor

    BTW how many HIndoo’s know Hindi or Sanskrit and can read Gita?? A handful of them perhaps. Gita has deep philosophical thoughts depicted tediously and are not for the understanding of a common Hindu at all!! If that is right what’s wrong with Muslims of all nationalities, creed and color..reading and reciting the Quran in Arabic??? Since in Pakistan Urdu is commonly spoken and understood by all there is no problem for Muslims to understand the Arabic text given its translation beside it..moreover some verses which are memorized by a common Muslim are know to him with it meaning as well!! FYI Urdu language contains many many words of Arabic and it is not so difficult for a Muslim to understand the meaning of some Quranic words whereas for Muslims speaking other languages it is also very easy for them to learn Arabic basis…as Arabic language begins with 3 letter words….and with these 3 initial letters one can built several words. The wicked Murjai’s took unfair advantage of this and invented an abnormal and uncostomary and distant meaning of the word Khatam and screwed themselves up in oblivious draft!!

  13. AKB Pakistan Mozilla Firefox Windows says:

    the whole discussion here is being led stray by some posters …especially the Inic ones… this thread should be closed for being exhausted and a new thread started for the Indic trolls…

  14. Rex Minor Germany Google Chrome Windows says:

    Lady G,
    You are a great lady. Most of what you have said is far from the TRUTH, but then what is TRUTH anyway as long as it made you feel happy. This is the most important thing for your health, proven in studies conducted by Brain surgeons and mentioned in scriptures.

    Secularism was introduced in central Europe under an agreement between the third Reich and Mussolini with the Catholic church: This concord is still valid. With regard to your philosophy of humans are capable of being good,moral and ethical without belief in God, simply denies the history of humans. Renaissance and humanism came into christian dominated Europe and helped in Aufklarung of christian religion, which was necessary to curb the power of the church and the monarchs who were raping women and children in the church buildings and palaces in the name of religion and so called holy wars were being waged all over the land and beyond. No thanks, I do not wish to go back to the times when King Richard, the lion heart or that under pagans.

    How and why was the beginning of the padagogy in history ; the task of science being to investigate HOW things occur and this is being progressed but very slowly since not all the Govts. of the world are prepared to allocate adequate resource for the research work. Whereas , the Religion tell us the purpose of life i.e., WHY are we ere and what are our missions. The original Bible was amended by the European MONARCH, whereas Quraan has remained unaltered and needs to be decoded. This is the reason behind some outcaste clergy becomes antisemit or and demonstrate their anger against holy books of other religions.

    Incidently clinical studies also tell us that on average humans have so far been able to utilise on average only 18% of the potential of their BRAINS. In other words, most of the brain remains unutilised in humans.

    Have a nice day.

    Rex Minor

    PS I have no favourite political parties anywhere in the world. The Aufklarung of Islam has not occured yet and therefore I expect that to take place as part of the Arab spring Revoluion. Around 50 % of the members of the muslim brotherhood party are women.

  15. MilesToGo United States Safari Mac OS says:

    Let’s hope Aufklarung of Islam occurs soon, Allah is behind schedule already, 14 centuries, few more to go..finally…thank god, Allah is finally getting its act together, Arabic sure it a tough language…

  16. Rex Minor Germany Google Chrome Windows says:

    AKB,
    I have no knowledge of Gita, hindi or sanskrit.

    I have no diffence of opinion with what you have stated. There is no reason why muslims should not recite Quraan verses in the original Arabic language as has been the practiced for ages.

    However, to be able to fully comprehend and interpret the Quraanic verses and decode specific words, it is paramount for a muslim to learn the arabic language and the arabian culture.

    It is just not feasible to translate any text of one language to another language, on a one to one basis and without understanding the two cultures which are part of he language.

    Rex Minor

  17. Lady Guinevere United States Mozilla Firefox Windows says:

    @Rex Minor………………Whatever!

    Lady “G”

  18. tajender Canada Internet Explorer Windows says:

    have no knowledge of Gita, hindi or sanskrit.

    akb gita is the mother of apartheism.it is simple book,was written to establish the supermacy of brhmns over the society after their victory over budhhdist.even u can read its english version.

  19. Rex Minor Germany Google Chrome Windows says:

    Tajender,

    Then how come that Dalai Lama the tibetan chieftain comes to India with his women and followers and gets the asylum?

    Rex Minor

  20. tajender Canada Internet Explorer Windows says:

    Then how come that Dalai Lama the tibetan chieftain comes to India with his women and followers and gets the asylum?

    .move is political.

  21. ParvezM United States Google Chrome Windows says:

    @Lady G
    Now that you have made everything perfectly clear and I’m duly enlightened, I need to enjoy this moment of serenity in some cave in solitude.

  22. Syed United States Google Chrome Windows says:

    @ Milestogo (June 23, 2012 at 7:55 pm)

    //~God gifted rationality can take you to moon in 100 years. Where has muhammed taken you in 14 centuries – go figure~//

    According to my understanding of Islam, Revelation and Rationality are not in conflict with each other. In fact, they go hand in hand. May I also point out that Muhammad the Holy Prophet was sent by God, not to guide man in physical space travels but to guide him unto God – a spiritual journey. The state in which you find Muslims today is not because they are following Muhammad, but because they have abandoned him.

  23. Lady Guinevere United States Mozilla Firefox Windows says:

    Parvez; Never, ever tell a woman that you want to go to your “man cave” to enjoy solitude for that only invites intrusion!

    Kisses, Lady Guinevere

  24. MilesToGo United States Safari Mac OS says:

    syed

    do me a favor – read some of sina’s work – start here

    http://alisina.org/seven-valleys-from-faith-to-enlightenment/

    After my bitter experience with the Quran I found myself traveling on a torturous road riddled with torments. While I was a believer, I lived in a blissful garden of ignorance where all my questions were answered. There, I did not have to think. All I had to do was to believe. When I read the Quran and asked the questions I was not supposed to ask I was kicked out of that paradise. The gates of that garden were closed to me forever. I had committed the unthinkable sin of thinking. I had eaten from the forbidden tree of knowledge, and my eyes had been opened. I could see the fallacy of it all along with my own nakedness. I knew I would not be let into that paradise of oblivion again. Once you start thinking, you don’t belong there anymore. I had only one way to go and that was forward.

    The road to enlightenment proved to be more arduous than I was prepared for. There were mountains of obstacles to climb and precipices of errors to avert. I traveled uncharted territories alone, not knowing what I would find next. This became my odyssey in the realm of understanding, which eventually led me to the citadel of enlightenment and freedom.

    I will chart these territories for all those who also may want to commit the sin of thinking, find themselves kicked out of the paradise of ignorance and are en route to an unknown destination.

    If you doubt, if the mantle of ignorance in which you have wrapped yourself in is shredded into pieces and you find yourself naked, know that you cannot stay in the paradise of ignorance any longer. You have been cast out forever. Just as a child, once out of the womb, cannot go back, you will not be readmitted into that blissful garden again. Listen to one who has been there and done that and don’t cling despondently to those gates. That door is locked.

    Instead look forward. You have a trip ahead of you. You can fly to your destination or you can crawl. I crawled! But because I crawled, I know this path quite well. I will chart the road, so hopefully your passage will be easier.

    The passage from faith to enlightenment consists of seven valleys.

  25. MilesToGo United States Safari Mac OS says:

    follow it up with this one – if you are right then it will make your faith even stronger –

    http://alisina.org/how-can-muhammad-be-narcissist-when/

  26. MilesToGo United States Safari Mac OS says:

    So how can you distinguish a true leader from an impostor charlatan? You can recognize them by their fruits. Don’t pay attention to what they say. Words are used to deceive. Pay attention to how they live. Compare their words with their deeds. They often don’t match. If someone does not walk his own talk it is a clear sign that he is an impostor and not true spiritual leader. Muslims only quote Muhammad’s words to show that he was a holy man. Words are misleading. Look at his life instead, if you want to learn the truth about him.

  27. MilesToGo United States Safari Mac OS says:

    interesting debate between Ghamdi and Sina

    As for the miracle in the Qur’an, I have already presented to you the biggest of them all: the fact that the Qur’an presented from day one with unambiguous clarity that Muhammad, God’s mercy on him, is the messenger of God. It warned its immediate addressees that the implication of this reality is that like in the case of all the nations prior to him who rejected their respective messengers, Muhammad’s nation too would face the same fate. At the time in Makkah when he was accompanied by a handful of socially, economically, and politically weak companions this clear warning was subjected to ridicule by disbelievers quite the same way as you are doing now long after that miracle has clearly taken place right before the eyes of the entire world. If you don’t want to see it, there is no way I can manage to force you do so. The trial of this life is a test of character, which demands that you bow down before the truth that unfolds itself before you. However, if you have some hidden reason to deny the truth, God is not going to force you to believe. I would like to ask you as to how have you rejected this miracle? Do you think that the prophet did not clearly prophecy that his enemies are going to be annihilated? If you will say so, I will present the entire Qur’an to prove you wrong. If you say that he did it but there wasn’t anything unusual in his feat as many others have done so like him, I would ask you to name those other individuals who started their mission with similar unambiguous clarity that their message would prevail on the basis of the rule of God that every nation that receives messengers faced similar consequences. You will have to mention a few names and their achievements with clear evidences to show that what Muhammad did wasn’t a miracle of God. If you are unable to present any names and their achievements similar to his, you are admitting that the dominance of Arabian Peninsula achieved by the prophet after he had prophesied it was a miracle of God.

    So you think because Muhammad said, ‘If you don’t believe in me you will be subdued,’ and then raided his victims and subdued them, he was a prophet? This is a blatant logical fallacy. I already answered this fallacious argument in my previous response.

    Muhammad signed an agreement with the Meccans that for ten years there should be no hostility among them. Then he broke his treaty after two years, as soon as he became strong, and raided that city. The Meccans were taken by surprise. They were not ready for this raid and not prepared to defend themselves. They had no choice but to negotiate their surrender. What part of this is a miracle? This is a tale of treason and deceit.

    If Muhammad had threatened his enemies with divine chastisement and then a calamity had fallen on them without his intervention, and if this had happened every time that he warned people, so no one could discard it as a fluke, then you had a point. But I see no miracle in threatening people and then raiding them and killing them when unarmed. The miracle is in the fact that a billion Muslims see this dastardly act of treachery as a miracle. If what Muhammad did was a miracle, then Genghis Khan also performed many miracles. What was the difference between Muhammad, Genghis Khan, Alexander the Macedonian and Napoléon? The only difference I can see is that Muhammad also lied about being a prophet and those who are gullible enough to believe in him perpetuate this lie and pass it on to the next generations.

    It is depressing that intelligent men such as your good selves make these absurd statements. Truth cannot be established by demonstrating who is more ruthless and brute. This is how a narcissist thinks. Muhammad was a narcissist and as such he believed that might is right. By entering in his bubble universe, Muslims have become extensions of his narcissistic mind and they collectively believe in the same absurdities that their prophet believed in. It is illogical to say that because someone was more cunning, was more ruthless and had vanquished his opponents, he must be right. This is the law of jungle. Argumentum ad baculum is not for rational humans. What you think is the greatest miracle of all is nothing but a great fallacy. Truth cannot be determined by the use of force and by subduing your opponent with violence.

    http://alisina.org/islam-probed/

  28. MilesToGo United States Safari Mac OS says:

    one of the finest thoughts –

    http://alisina.org/dare-to-doubt/

  29. Milestogo United States Safari iPhone says:

    Butparasti se nikley, bookparasti me attKey …

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