ISLAMABAD: The Supreme Court is determined to get to the bottom of what the legislature had in mind while drafting the constitution. At the same time, however, it is insisting that it is only meant to review the 18th amendment and has no intention of drifting into politics.
Petitioner Supreme Court Bar Association’s counsel Hamid Khan resumed his arguments before the bench on Thursday. He said it was difficult to surmise the intent of the parliamentary committee since the proceedings had been in camera but that the committee had referred to the Charter of Democracy in its report.
At this, the chief justice told off Khan for dragging into court “political documents without any legal or constitutional status”, insisting that the court was only meant to review the 18th amendment and not to drift into politics.
“The framework of the constitution is based on certain norms and principles,” he said, setting out the first of these principles as accordance with Islamic injunctions. The others, he said, were a parliamentary form of governance, federalism, the guarantee of fundamental rights and the independence of the judiciary.
He further said that state power as per the constitution is exercised by the people of Pakistan via the legislature, the executive and the judiciary, all of which are creatures of the constitution.
To ensure the smooth functioning of the state in accordance with the constitution, said Khan, the principle of separation of power among these organs is of paramount importance. And that while the functions of the legislature and the executive may overlap in a parliamentary democracy, the judiciary needs to be kept separate in order to ensure its independence.
Khan also went on to describe how judicial independence was integral to protecting the fundamental rights of citizens by ensuring enforcement of the same. He also cited judicial review as the court’s constitutionally mandated obligation.
These basic features, argued Khan, had been collated from various judgements, the report of the parliamentary committee on constitutional reforms as well as examples of other constitutions. As such, he said, any review of the constitution had to be examined within this framework.
At this point, Justice Khalilur Rehman Ramday reasserted both the Parliament’s right to legislate and the court’s authority to review. He cited the example of the 1973 constitutional bill, which he said was amended by the members of the ruling party when it was finally tabled in the National Assembly. This, he said, happened despite the fact that it was a consensus draft.
Adjourning the case till June 28, the court asked the secretary of the National Assembly and the attorney-general of Pakistan for attested copies of the Objectives Resolution, the eighth amendment, the interim draft of the 1972 constitution and the draft bill of the 1973 constitution by the next hearing.
Quran Burning Protest 3rd Day in Afghanistan
KABUL, Afghanistan (AP) — Afghan protests against the burning of a Quran in Florida entered a third day with a demonstrations in the south and east Sunday, while the Taliban called on people to rise up, blaming government forces for any violence.
The desecration at a small U.S. church has outraged Muslims worldwide, and in Afghanistan many of the demonstrations have turned into deadly riots. Protests in the north and south in recent days have killed 20 people.
In southern Kandahar city on Sunday, hundreds took to the streets for the second day in a row, and hospital officials said 20 people were hurt in skirmishes between police and demonstrators. On Saturday, nine people were killed and 80 injured when a protest turned into a riot.
At least two wounded police officers and 18 civilians had been brought into city hospitals, said Qayum Pokhla the provincial health director.
A morning protest in Jalalabad city was peaceful, with hundreds of people blocking a main highway for three hours, shouting for U.S. troops to leave and burning an effigy of President Barack Obama before dispersing, according to an Associated Press photographer at the scene.
A similar protest in eastern Parwan province blocked a main highway with burning tires for about an hour, with more than 1,000 people protesting against the desecration of the Quran, said provincial police chief Sher Ahmad Maladani. He said there was no violence.
The violence started Friday when demonstrators stormed a U.N. compound in the northern city of Mazar-i-Sharif, killing 11 people including seven foreign U.N. employees.
The Taliban said in a statement emailed to media outlets that the U.S. and other Western countries have wrongly excused the burning a Quran by the pastor of a Florida church on March 20 as freedom of speech and that Afghans “cannot accept this un-Islamic act.”
NATO officials re-iterated their condemnation of the Quran burning in an apparent attempt to quell the rising anger.
INDIA World Champions 2011 as ICC Wished
Mumbai: Final of World Cup 2011 starts dramatically with twice a time toss , on both tossing Sri-Lanka won. Jayawardane who never scored solid in whole world cup as in the finals and ends up Sri-Lankan innings with more than 100 not out . Sri Lanka gives target of 275 in 50 overs to India.
India loosing first wicket on the 2nd ball of their innings and soon after they lost wicket of Sachin Tendulker . Virat and Gautham gives a solid recovery to India and Dhoni ends with the six . Glory comes to India .
Without any doubt India was not capable to win the World Cup of 2011 , but they won due to amazing captaincy of MS Dhoni.
MS Dhoni declared to be the man of the match. Yuvraj Singh declared man of the series and ICC President passed Trophy to Indian captain.
IPL Will Win This World Cup
World Cup 2007 begins and in the very first round India drops from the World Cup . ICC bears the loss of advertisement and assures this that India will be given more favors in future World Cups . Today 2nd April 2011 India is in finals of World Cup 2011 and ICC so called International Cricket Council is more like Indian Cricket Council.
Yes, this is the bitter truth which we have to realize more money is coming from India to ICC and ICC don’t want to disappoint Indians for this . Regardless of caring the sentiments of other nations fighting hard for playing entertaining cricket.
In a TV show on ARY News , when Basit Ali (Former Test Player Pakistan) was asked who will win this Final encounter he said “IPL”. He also hinted this is a signal for wise that IPL will take this cup. Sri Lankans might be given huge amounts so they could also come to IPL after this world cup. , otherwise stage is banned for Sri Lankans.
This is the history of sports since 50 years , many of the closed notches had been settled in wealth and need. As , Brazil comes to settle in 1998 Football World Cup for France might this could be another France.
Hope for the fair game.
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