Thread on majority judgment in the #JusticeQaziFaezIsa case. Read these extracts if you can’t go through all the 224 pages - some very important points have been raised/clarified which will be relevant beyond just this Reference. Starts with concept of ‘Justice’:
Highlights the prayer by the petitioner:
54 questions of law - main contentions being as follows:
What is misconduct:
Responsibilities of the family members of a Judge - requirement to be careful - “financially, socially and politically”:
Re SAPM Accountability:
Re surveillance:
Re requirements to be met in respect of a Reference sent by the President:
Re authorization to commence an investigation prior to a Presidential Reference:
Re requirement to provide the relevant person an opportunity to explain source of funds:
Re “application of mind” by President:
Conclusion re defects in the Reference:
Re why Reference is being quashed:
• • •
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Now that we appear unanimous in condemning para 66 of the main judgment re Musharraf by J W. Seth, time to read and reflect on pertinent points raised by J Nazar Akbar in his dissenting note - by far the most incisive part of the 169 page document - he shows a mirror to many:
Para 11 - he highlights that it was only in 2010 that the 18th Amendment added the words ‘suspension’ and ‘abeyance’ to the definition of High Treason which till then was restricted to acts of ‘abrogation’ or ‘subversion’
Para 14 - discusses why the acts of 3rd November 2007 couldn’t constitute ‘abrogation’ or ‘subversion’