Review on Supreme Court of Pakistan's situation of today.

Sajan re Jhoot mat Bolo, Khuda ke Paas Jana Hai.
(This song is for Government)

21st January 2012:

Chief Justice of Pakistan warned sindh gov. on target killings.
25th January 2012:
Attack on 4 Lawyers in Karachi, 3 killed and 1 injured.

"Sajan re Jhoot mat Bolo, Khuda ke Paas Jana hai"

25th January 2012:
The Supreme Court seeks explanation on prisoners’ killings.

"Sajan re Jhoot mat Bolo, Khuda ke Paas Jana hai"

30th January 2012:

The lawyer said four out of seven were admitted in a medical facility in Peshawar while three others were kept in an investigation center in Parachinar area.

"Wahan Hathi na Ghora hai, Wahan paidal hi jana hai"

The Supreme Court orders ISI, MI to produce 7 detainees on Feb 9.

Contempt of Court Case Against Prime Minister of Pakistan:
17th January 2012:
The Supreme Court issues contempt notice to PM Gilani.
19th January 2012:
Aitzaz Ahsan said that one paragraph of the NRO verdict was related to the president, however, the Constitution gives him immunity and the court should see the Constitution’s restrictions in his case.

"Bhala Kiejyeh Bhala Hoga, Bura Kiejiyeh Bura Hoga"

"Wahi likh likh kae kya hoga, yahin sab kuch uthana hai"

Justice Asif Saeed Khosa inquired whether the government will write the letter or not.
1st February 2012:
Aitzaz said he was not establishing the President’s immunity but rather was defending the constitutional thinking of the prime minister.

"Sajan re Jhoot mat Bolo, Khuda ke Paas Jana hai."

The Supreme Court said the question of President’s immunity should have been raised after writing the letter to the Swiss officials.
2nd February 2012:
The Supreme Court has ordered that PM has been summoned in the court on February 13.
Aitzaz Ahsan said after the decision that he would advise his client (the PM) to file appeal against the indictment.

"Akar kis baat ki pyarae, Yeh sar phir bhi Jhukana hai!"

SC directs Islamabad IGP to submit report in murder case.

ISLAMABAD: A three-member Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry on Wednesday, while hearing a suo motu case of the murder of a Defence Housing Authority (DHA) guard, directed the Islamabad inspector general of police (IGP) to supervise the investigation himself and submit a report within three weeks.
The court directed Islamabad IGP Bani Amin Khan, who appeared on notice, to investigate the case without being influenced by anyone and to deal with the perpetrators of the crime in accordance with the law.
Security personnel from Bahria Town were accused of killing DHA security guard Muhammad Fayyaz.
The court initiated proceedings in the case on an appeal, published in a section of press on October 12, 2009, by the father of the deceased security guard.
At the outset of hearing, police officials told the court that after October 10, 2010, no progress had been made in the case. Hamid Khan, counsel for Bahria Town Islamabad chairman, raised objections on the report submitted in the apex court by the district and sessions judge, Islamabad.
Islamabad IGP Bani Amin Khan failed to satisfactorily tell the court about how, despite registration of a case wherein a person had been killed, no final conclusion, prima facie, fixing the responsibility upon the accused persons had been made.
However, he stated that after registration of the case, more than six or seven station house officers (SHO) and investigation officers (IO) under the supervising officer had been changed from time to time but no one had probed the matter thoroughly.
The court noted that proceedings in the case could not be finalised unless the police concluded the matter in all respects and the culprits charged for the offence had been brought to justice.
The court observed that record showed that the police officers had conducted the investigation in a callous manner, without using their professional skills. The court further observed that a perusal of records indicated that whenever the complainant, Shaukat Ali, appeared and recorded his supplementary statement, wherein he named new persons, the police interrogated them and afterwards released some of them, while few had succeeded in getting bail from court.
The court said that a first investigation report (FIR) had been registered on August 14, 2008, however the case had not been solved, which clearly indicated the highhandedness of the police.
The Islamabad IGP stated that before he took charge, five IGP’s had been changed, and everyone had been fully aware that such an important case was pending but had not bothered to take the case to its logical conclusion.
However, he said that if he was given three weeks, he would constitute a team to probe the matter thoroughly and would complete investigations in accordance with the law and submit a report before the apex court. The court then allowed him three weeks and adjourned the hearing until February 27.

link: http://www.dailytimes.com.pk/default.asp?page=2012%5C02%5C02%5Cstory_2-2-2012_pg7_22

Contempt case: Gilani summoned on February 13.

ISLAMABAD: The Supreme Court concluded its hearing of the contempt case against Prime Minister Yousaf Raza Gilani on Thursday and summoned the premier on February 13, reported Express News. The court said that it will frame charges against the prime minister during the hearing.
“After the preliminary hearing, we are satisfied prima facie that there is enough case for further proceedings,” announced the court.
During today’s hearing, Barrister Aitzaz Ahsan strengthened his argument by presenting Chief Justice Iftikhar Muhammad Chaudhry’s earlier order which stated that the prime minister is obliged to take advice in all matters before taking any decision.
Ahsan had stressed in the last hearing that Gilani did not take the decision of not writing the letter to Swiss authorities himself, but was instead advised to take the step.
He argued that following the chief justice’s earlier order, Gilani was supposed to seek advice from the Law Ministry and the Human Rights Division before taking any action, and the advice he received in the NRO implementation case was not in favour of the court’s decision.
“In any civil or military issue, the government has to consult the Law, Justice and Human Rights Division,” he remarked. “According to the Rules of Business 1973, the prime minister should have consultations before taking any decision.”
Justice Nasirul Mulk, heading the nine-member bench, remarked that the premier was efficient in listening to the Law Ministry and the Human Rights Division, but did not give due consideration to the court’s orders. “The prime minister has the right to turn down Law Ministry’s advice,” Justice Athar pointed out.
The court said that if Ahsan ensures that its order in the NRO implementation case is followed, then the contempt case will be closed; however, Ahsan did not provide any assurances.
‘No Swiss cases against president, prime minister’
In a surprising revelation, Ahsan presented to the court a summary from September 23, 2010, which stated that there were no cases against the prime minister and the president in Switzerland.
He told the court that the Swiss authorities wrote a letter to Pakistani authorities asking for evidence, in reply to which, the government assured them that all the cases were closed in the country owing to the NRO.
The Swiss authorities closed the cases on lack of evidence, said Ahsan.
The court expressed surprise over the summary and asked why it has never been presented in any of the previous hearings, adding that if the cases are closed, then why is the government afraid of writing the letter.
The government should write the letter for our satisfaction, and then we will see what the Swiss authorities have to say in reply, the judicial bench maintained.
Ahsan also questioned the court that if it can send notices to Bhutto, Nawaz Sharif and Gilani, then why it can’t initiate any action against the generals who were involved in arresting the judges.
Saving the court from embarrassment
Ahsan remarked that he wants to save the court from embarrassment, which can happen if a letter is written to the Swiss authorities.
Justice Asif Saeed Khosa responded to the statement by saying that Ahsan is fine with the court being embarrassed inside the country, but claims to save it from embarrassment internationally.
The bench said that a letter should still be written as the court does not care about the consequences.
Ahsan says option of appeal available
Aitzaz Ahsan, while talking to the media after the hearing, said that there is “definitely” an option of filing an appeal against the court’s decision.
“My advice to my client would be to file an appeal, but the decision rests with him,” he added.
He emphasised on his earlier stance that the show cause notice issued to the prime minister should be discharged. The prime minister, he said, acted upon the advice of the law minister and law secretary – which was sent in a written form – and thus, did not commit any contempt of the court.
He stressed that he wants democracy to prevail in the country and wants the clash of institutions to end.

link: http://tribune.com.pk/story/330859/gilani-contempt-case-ahsan-brings-cjs-earlier-order-to-court/