Hammad Ali Profile picture
Aug 28, 2022 4 tweets 2 min read Read on X
Justice Bandial headed that bench which held that CJP is the "sole authority by and through whom the suo motu jurisdiction can be, and is to be, invoked/assumed” u/a 184-3 of the Constitution. Interestingly, Justice Munib Akhtar and Ijaz ul Ehsan were also members of the bench.
Later on, Justice Bandial himself violated the judgement by invoking sou moto in 16000 sacked employee case, even when the CJP of that time (Gulzar Ahmad) was neither the part of the bench nor took any suo motu in that case.
I call it #Jurocracy.
Fun fact; Order "by which Supreme Court held that CJP is the sole authority to invoke sou sponte jurisdiction" was made in a sou motu case.
@threadreaderapp unroll please

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Hammad Ali

Hammad Ali Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @JurisDrHammad

Jan 30, 2023
Pensions are neither ex-gratia nor gratuitous payments by the government. Pensions are mandatory payments in lieu of services they've already rendered and into the bargain, during the period of their services, they have paid monthly deductions for this purpose. 👨‍⚖️⚖️
1/3
Revoking a pension, for any reason, is a violation of the right to life and the right to family. (Article 9 & 35 of the Constitution of Pakistan respectively) 2/3
Your personal wish to revoke pensions for reason of leaving the country would also be a violation of right to freedom of movement incorporated in municipal as well as international law.~ please read Article 15 of Constitution of Pakistan with Article 12 of ICCPR & 13 of UDHR. 3/3
Read 4 tweets
Jan 7, 2023
This is not less than Judicial Activism.⚖️👨‍🎤 I often refer it to #Jurocracy. The legacy of Iftikhar Choudri and Saqib Nisar should neither be promoted nor be celebrated. The judiciary must work within its constitutional and lawful domain.
This inquisitorial approach by the judiciary is against the very sense of Trichotomy of Powers incorporated in the Constitution of Pakistan.🇵🇰
It is not the duty of the court to investigate or to collect the evidence.
The collection or production of evidence is the duty of prosecution/parties as the case may be. In case, a court is not satisfied with the investigation, it may order a reinvestigation but must not assume the investigation as his own domain.
Read 8 tweets
Jan 1, 2023
Majority might have their resolution for 2023 to find a stable job or at least to make their jobs stable. But my resolution of 2023 is to quit the stable job I already have. ✌️
#resolutions2023 #2023goals #2023NewYear
P.S: A stable job & pension are a curse. It drains out all the innovative drive and intellectual yearning. It makes addicted to mediocrity. It’s hard to stay motivated then. It's trading like the best years of life for a secure old age, which might not even come. 🤷‍♂️
No one will give a shit when you are old and retired.
Read 4 tweets
Dec 25, 2022
Juries are a democratic and populist concept; engaging and involving the ordinary persons in a legal system.
The US legal system as a whole is envious.
The "doctrine of check and balance" is what makes the US system distinct....
The jury nullification also referred to as "pious perjury" is actually a check and balance against the organs of government as a whole in favor of the accused. (The accused is the favourite child of law.)
Notwithstanding, common law, life and limbs of the accused are at stack in criminal proceedings ergo it needs more check and balances especially against the judges.
Read 5 tweets
Dec 25, 2022
Judges of the Supreme/High Court are duty bound to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan under their oaths.⚖️ They are the guardians of the Constitution and not the guardians of the legislatures. Cont...
It's none of their business if a leader of the house in a provincial or national assembly, dissolves the concerned assembly at any time subject to the limitations contained in Article 58 or 112 as the case may be.⚖️🤷‍♂️
Judges should have only decided whether the notification/order of governor is constitutional or not.👨‍⚖️
Exercising Paternalism, for Punjab Assembly, by Lahore high court is supra-constitutional.☹️
The question remains unanswered; Who will judge the judges?
Read 4 tweets
Dec 25, 2022
Sir! With due respect, I've had the privilege to read your contention but I'm unable to find myself in concurrence with your standpoint and differ on the following points.
It is false equivalence that the Election Commission is equal to the High Courts.
The High Court and Election Commission are neither equal in nature nor equal in stature. Both institutes can't be said to be equal just because both are established under provisions of the Constitution. Even the chronological order of Constitution gives priority to High Courts.
The answer to your contention lies in the expression "superior court" used by yourself. The expression "superior courts" or "higher judiciary" is synonymous with the "Supreme Court and High Courts altogether".
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(