The new CJP

Discussion in 'The Pavilion' started by godzilla, Jan 2, 2019.

  1. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    So Saqib Nisar will retire on the 17th of Jan, and the new CJP has been chosen to fill the position from the 18th of Jan until the 220th Dec 2019, recommended by the law ministry.

    https://tribune.com.pk/story/187991...-asif-saeed-khosas-appointment-chief-justice/

    Here he is: Justice Asif Saeed Khosa

    https://en.wikipedia.org/wiki/Asif_Saeed_Khan_Khosa

    Here's some of the highlights I noticed from that page:

    He has served as Justice of the Supreme Court since 18 February 2010 and also served as judge of the Lahore High Court prior to that

    When General Musharaf declared a state of emergency on 3 November 2007, suspending the constitution and demanded the judges of the superior judiciary retake their oath under the Provisional Constitutional Order (infamously called as PCO), Justice Khosa like Chief Justice Iftikhar Muhammad Chaudhry, and many other senior judges, refused to retake the oath

    He was among the larger bench of seven Supreme Court justices that was hearing Prime Minister Yousaf Raza Gillani's contempt of court case. In that case Supreme Court gave its judgement that had an additional attachment of Justice Khosa's extraordinary six-page note that became the subject of headlines in May, 2012

    He also headed the larger bench of the Supreme Court that was hearing the "Panama Case"[8][9]related to the alleged money laundering and off-shore illegal investment by fomer Prime Minister Nawaz Sharif and his family. Remarking on article 62 and 63 of the constitution in the "Panama Case" hearing he said:

    Any opinions on Khosa? I doing know much about him at all. Any opinions on Nisar too, as he is leaving?

    On Nisar, he has been seminal in his work - and really has been a catalyst to transform pakistan, together with the political upheaval brought about by Imran. History will tell us whether it ended up well, or whether this new age lasts, but no one can take that away from him, and he may well end up being one of the most important and influential personalities in the history of the country.

    On the other hand, like all Pakistanis, it seems that he likes the limelight a little too much, and its been a distraction from his excellent work that he too often strays into areas he should not be straying into - for example international fund raising for dams when he had a few weeks left of his tenure, and some massive cases still pending.

    I know for a fact from someone who was very heavily in attendance to the hearing on Bani Gala that he did not in any way show leniency to Imran or the PTI, in fact he was bizarrely and exaggeratedly aggressive against Imran in that case, despite eventually ruling in favour of him
     
  2. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    Bravo, excellent choice it seems.
     
  3. Passionate Pakistani
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    Passionate Pakistani The Don

    Jun 10, 2011
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    Asif saeed khosa much more capable and not a fame-hungry judge. All the best to him.

    Sent from my SM-G935F using Tapatalk
     
  4. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    So for how long Asif Saeed Khosa will be CJ? 1/2/3 years?
     
  5. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    till 20th dec 2019.
     
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  6. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    Hmm... so just one year, any reason for that?

    And who is next inline, any clue (Justice Gulzar) ?
     
  7. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    no idea, dont know if thats the kind of fixed terms they get - just read it in that tribune article.
     
  8. ASLI-PATHAN
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    ASLI-PATHAN Cricistan Khan

    Apr 26, 2011
    63,398
    Good News that Pakistan will get rid of the most incompetent CJ of Pakistan's history. His manta was don't focus on your job and put your nose in everyone else's job. Cheap Justice Of Pakistan Saqib Shahrukh Khan Nisar.
     
  9. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    The mandatory retirement age for a supreme court justice is 65. Justice Gulzar will replace Justice Khosa in December 2019 and will remain CJP until February 2022. That gives him 2 years in charge.
     
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  10. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    How dare CJP try to do something for the common man. He did everything within the constitution. Don't like Judges interfering then propose an amendment.
     
  11. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    interesting.

    do you know much about Khosa or Gulzar?
     
  12. MNA
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    MNA Smooth Operator

    Mar 11, 2015
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    A CJP who played a crucial role in providing justice to the poor, people who could'nt even dream of getting any justice in Pakistan, is being labelled as 'cheap'. Irony just died here. His somo moto actions against rich and powerful for murders e.g Rao Anwar/Mehsood, child rapes e.g Zainab/Imran Naqshbandi, e.g ministerial abuse of power e.g Imran Shah/Sawati/DPO Pakpattan, corruption e.g Nawaz Sharif/Zardari, political favouritism e.g sharjeel memon/buzdar etc etc went a long in restoring a common's man belief in Pakistani judicial system to some extent.

    He may be attention seeker or publicity hungry but whatever he did ultimately and collectively was in the overall benefit of Pakistan and in my opinion much more than what the political class has ever done for our country, and that includes the PTI.

    The end justifies the means.
     
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  13. Munna
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    Munna Moderator-e-Aala

    Oct 4, 2014
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    Nisar has easily been the most productive and active CJ's of Pakistan's history. He used media as a good tool.

    Khosa might not be in limelight much this year... but his statements in Gilani and Sharif cases suggest that he would be effective and fun
     
  14. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    I remember somebody asked him the same and he said, I had to do it because Gov and institutes were not doing their job - somebody had to take action, if he did then whats wrong is it? Seems like you are doomed if try, you are deemed if you don't.
     
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  15. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    Gents, what are your expectations from Justice Khosa, keeping the fact in mind Nisar has raised the bar too high.
     
  16. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    Justice Asif Saeed Khosa has been a part of larger benches that have sent to PMs home. He was a member of the bench that disqualified PM Gilani and a part of the bench that sent Nawaz home. He's not afraid of making his opinion heard and adds additional notes to judgements.

    But from what we've heard it's very likely that he won't use the power of the suo moto like CJ Nisar. He will however not be afraid to give difficult judgments.
     
  17. Wistful Reminisces
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    Wistful Reminisces Banned

    Sep 21, 2012
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    Agreed.

    Trying to put blame on doctors for administrative stuff, saying that doctors should work without pay, while taking a huge salary and his usual stuff!
     
  18. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    Any particular reason for that?
     
  19. ASLI-PATHAN
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    ASLI-PATHAN Cricistan Khan

    Apr 26, 2011
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    The question is did he himself did his job? What is his job? His job as CJ was to make sure people get justice. How many cases are pending since Independence in Pakistani courts? Do you have any idea? This guy left his own work and trying to do other's job. And he took only actions in those problems from where he was getting some fame. Did he brought any changes in Judicial system? Non. Did he took actions on the cases pending since ages? Non.

    When you aren't doing the job for which you are being paid then you will be called incompetent and useless. And this is exactly what he is. Now watch him enter politics after few years. This guy loves fame and power.
     
  20. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    I am not saying he is best who has done everything right, however, the mess of 71 years can't be wiped in a single term of a CJ. You need multiple CJ's for years to work on it.

    You were asking his accomplishments, most of them can be found in the following thread.

    https://cricistan.com/threads/cjp-m...f-tlp-protests-vandalism-upt-128.46806/page-3

    And I agree with what he said about Gov and institutes, because its not the job of a CJ to start campaign for dams fund, neither he should have order anti-encroachment operation against illegal land grabbers. These are responsibilities for Gov and other civil institutes.
     
  21. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    does anyone know what Saqib Nisar has not ruled on the Avenfield appeal as of yet? this is a massive case, why was it not a priority?
     
  22. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    finally some news on a timeline for this:

    https://92newshd.tv/sc-to-hear-nab-appeal-against-ihc-verdict-in-avenfield-reference/#.XDxMTC10f_A

    really don't understand why there has not been more focus on this.

    "ISLAMABAD (92 News) – The Supreme Court of Pakistan will hear the appeal of the National Accountability Court (NAB) against the verdict of the Islamabad High Court (IHC) to suspend sentence in the Avenfield reference.

    A five-bench headed by Chief Justice Mian Saqib Nisar will hear the appeal.

    The NAB had filed the reference regarding the high-end properties in London, along with two others, on the Supreme Court’s directives in the landmark Panamagate verdict last year which de-seated Nawaz as the prime minister.

    After the 9-month-long trial, the accountability court had awarded 10-year jail to ousted prime minister Nawaz Sharif for owning assets beyond known income and one year for not cooperating with the NAB. His daughter Maryam was given seven years for abetment after she was found “instrumental in concealment of the properties of her father” and one year for non-cooperation with the bureau. Nawaz’s son-in-law retired Captain Safdar has been given one year jail time — for not cooperating with the NAB, and aiding and abetting Nawaz and Maryam. Nawaz was also handed a fine of £8 million and Maryam £2 million.

    The non-cooperation punishment for all three was given under Serial 2 of the schedule of the National Accountability Ordinance (NAO) 1999: “Refuses to answer questions, or to provide information to any member of the NAB or any other agency when required to do so.”


    Nawaz was convicted under NAO 1999 9(a)(v): “A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices […] if he or any of his dependents or benamidar owns, possesses, or has acquired right or title in any assets or holds irrevocable power of attorney in respect of any assets or pecuniary resources disproportionate to his known sources of income, which he cannot reasonably account for or maintains a standard of living beyond that which is commensurate with his sources of income.”

    The abetment conviction for Maryam and Safdar falls under NAO 1999 9(a)(v)(xii), which stated: “Is said to commit or to have committed the offence of corruption and corrupt practices […] if he aids, assists, abets, attempts or acts in conspiracy with a person or a holder of public office accused of an offence.”"
     
  23. Wistful Reminisces
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    Wistful Reminisces Banned

    Sep 21, 2012
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    Alhumdullilah, has more sense and acquitted Nawaz
     
  24. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    no he didnt. he overturned the plea against bail. thats not the same as acquittal on the case. and it was moot since he's already back in jail where he belongs.

    does he still have more sense now, or not anymore?

    what was disturbing was justice I think Khosa who observed that a woman being given a sentence might be perceived as a hardship worthy of a bail application. thats a disgrace and unconstitutional. the consequences are that women can commit any crimes they want because their incarceration will be a bailable hardship. total idiocy.
     
  25. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    just gone through the bail judgement from the five judge bench at the SC penned by Khosa - im no paralegal, but this seems a very odd judgement to me.

    he criticises the IHC for overstepping bounds, for misunderstanding the remit and case, and speaking out of turn, and then after some really heavy scathing criticism of the IHC, they then judge based on compassion - for example, the reason they gave not to cancel maryam's bail was that she was a woman. thats just ****ing insane. the reason they say they dint cancel Nawaz's bail is because he's already in jail. that has nothing to do with this judgement or case.

    Khosa had an excellent reputation for logic and thoughtfulness in his judgement, and because its the SC, the judgement has to be accepted, and quite rightly has been accepted by the incumbent government, they are not screaming injustice like the PMLN and PPP have been.

    but as laypeople able to read these judgement, this is totally weird.

    It looks like the excellent work the PTI have been doing may well be dashed against the rocks soon enough. there are external parties to the country (aided by the oppostion who are scared of going to jail for. their crimes now they are finally coming to light) that have every incentive for the PTI to fail, given its the first government working to unlock the massive potential in the country, evidence by the unprecedented level of diplomatic interest, investment and visits.

    one has to wonder whether that external influence which will be massive, with the deepest pockets in the world, is playing its cards already. the judgement made absolutely no sense whatsoever, even though its not the appeal of Avenfield, and just on the suspension of bail.
     
  26. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    Anyone heard or read the speech by the new CJP? Lots of points raised but he has only 11 months. One thing is for certain that no more suo motus
     
  27. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    Asif Saeed Khosa in his first speech asked for a "truth and reconciliation" commission. In other words, let's forgive everyone and move on.
     
  28. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    WTH? Downright pathetic.

    @godzilla
     
  29. godzilla
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    godzilla Smooth Operator

    May 12, 2016
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    oh well, I dont think anyone thought this would last - accountability for the most corrupt was always going to be a stretch. congratulations to the Indians and Americans and their slaves in Pakistan.
     
  30. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    I already dont like this new CJ and he's not even on this position for more than 24 hours.
     
  31. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    What don't you like about him?
     
  32. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    For starter he should try to sort out lawyers strike which is entering its third week.
     
  33. Inswinger
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    Inswinger Tracer Bullet

    Mar 6, 2010
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    How is that a reason for disliking him? In that case you should dislike The outgoing CJP because he was at the helm for those 3 weeks. The current CJP has been in office for one day.
     
  34. Del
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    Del Cornered Tiger

    Dec 21, 2016
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    So if ex-CJ didnt do job his right, does it mean that incoming CJ will also wouldn't heed towards something take place within few kilometers from his office? Lets see how long will it take him to take notice of something which happens right under under nose.

    Secondly, when I said I didnt like him already, I said it because his intentions dont seems right to me. Also, not a fan of his statement about truth and reconciliation.
     
  35. MNA
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    MNA Smooth Operator

    Mar 11, 2015
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    The new CJP seems more like a bureaucrat, the ex CJP was a revolutionary
     
  36. Wistful Reminisces
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    Wistful Reminisces Banned

    Sep 21, 2012
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    Love the new CJ. Not a slave to the army complex victimising innocent people!
     
  37. Mars
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    Mars Talented

    Apr 23, 2012
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    My prediction is that nothing will happen. The army is too powerful for the CJP to make a decision which is clearly against their reputation. Too much is at stake right now for the army to lose. In the end, they will threaten us with emergency aka martial law which would force the CJP to backdown.

    Already, the court has backed off from Musharrafs decision giving it an unprecedented extension despite the case being closed.
     
  38. Mycroft Holmes
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    Mycroft Holmes Talented

    Feb 5, 2014
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    To be honest in supporting the judiciary simply because for Pakistan to prosper it needs robust constitutional checks and balances. Nice to see the will intervene when they deem necessary even if it is the army.
     
  39. Mars
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    Mars Talented

    Apr 23, 2012
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    If the court stops even makes one constitutional decision in either of these cases, it will be deemed as a huge turning point in the history of the courts.
     
  40. Disco Lemonade
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    Disco Lemonade Design Artist

    Dec 17, 2009
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    Meanwhile, the Pakistan bonds are doing very well in the international investment market. No idea who should be given credit for it but it is good news which is not being highlighted because our journalism is more drama then facts.
     

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