Pakistan was not "created to practice Islam" but was created for Muslims and give them an opportunity to practice Islam (whatever version of Islam they want to practice an not just the most extreme version) without any fear from being dominated by the majority religion. Mr. Jinnah first tried to work within the congress party to assure this but when he felt that this was not possible he joined PML to create safe space for Muslims. Pakistan was never created in the name of Islam but for the Muslims and other minorities to practice their religions in peace and safety. Actually what Mr. Jinnah feared has come true, now extremist Muslims are preventing other minorities from practicing their religin in peace. For that reason Pakistan has been turned into a failed experiment. But Pakistan is now a reality and it can be turned into a safe haven for all of the humanity if everybody is allowed to live their lives safely the way they want; within limits of the law.

You forget one improtant fact. People have the power to elect the parliament. How can be an unelected dictator know more whats good for the people than parliament elected by the people. Are you saying that last election was rigged? If people of Pakistan have elected "wrong group of people" they will throw them out and bring a new group of people. Then new parliament will have the power to change the consitution if they want. That will be equal to people of Pakistan chnaging the constitution not just the parliament. Yes courts have the power to intrepet the law but first courts must show that they are impartial. Mr. Iftikhar has left no illusion that he is impartial or fair.

Excellent edtrorial by DAWN, every law abiding citizen should agree with it..this CJ should be charged and dismissed for violating many constitutional provisions and rules of law. Enough is enough. Our country should be saved from this judicial tyarrany, its democracy and institutions and sovereignty of the people is in grave danger by his illegal acts and orders..

Let the sky fall. Justice must be delivered and sooner than later. Question is: Who is the hindrance: CJ or Govt?

Pakistan is now a reality.

Some very important points raised here, but as far as the constitution having pre-eminence goes, that's how a republic is supposed to be. We are not a democracy, we are a republic (atleast in name) everyone must be clear on that. The issue here is defining and limiting the roles of individuals and institutions to safeguard this state from becoming a tyranny or a democracy if it already hasn't.

I have only one thing to say about Mr. Chaudhary. PCO Judge. Pretty much says it all.

Very aptly put by Mr Asghar. I agree 100%...!!

well if all the judges have superior credential then why did our current CJ sent so many PCO judges packing. While he himself is still a CJ and was also brought in under previous PCO.

Your editorial is perfect alas little delayed. Our CJ regularly issues politician like statements. We have always heard and read that:: JUDGES SPEAK THROUGH JUDGEMENTS. However here situation is based on public feelings. How can judges give judgement on the basis of public feeling instead of LAW? Tragedy with power is - misuse of power = CORRUPTION. Any one listening?

very well said by CJ. This corrupt government needs to be stopped before it corrupts our constitute as well. the argument of the author is flawed and in-cohesive.

Why does Pakistan need enemies when it has likes of you!!!

OK.

I AM ALSO AN INDIAN. I THINK WE SHOULD HAVE NO BUSINESS TO COMMENT ON HOW PEOPLE SHOULD RUN THEIR OWN COUNTRY . THEY KNOW IT BETTER. .

Well said. I fully agree!

Just a question. Why is DAWN taking a partisan view. The editorial should have also spelt out what the Government is doing? The CJ did not publicly state his views in thin airs. It is in response to the Government''s move.

People , opposition all are sleeping--only judges are awake--ask the elected members do they own the voting and decisions ???

Dear, you don't see the characters of these politicians. They are selling the Pakistan. They have huge assets outside and they have no problem. But for Islamic world, Pakistan is a very important state. And do you want corrupt democracy and have you ever thought about the suffering poor public.

We are witnessing judicial martial law

Does any one remeber Mukhtaran Mai and the justice she got from our courts. These self serving statments by the CJ is not going to fool anyone.

i think the CJ is trying to counter the politicians claims that anything parliament does is beyond question. Its a balance. Parliament cannot frame laws contrary to the constitution, unless it can muster the needed majority for an amendment. There too, there are limits. What if Parliament passes a law banning freedom of speech. Even if its passed with a 100% majority, i think the SC should be empowered to strike it down. The balance is needed to prevent a tyranny of the majority. The CJ has no powers other than the power of the institution. He doesn't wield any gun bearing militias or street power.

Ends never justify the means.

Person is known by the choices he or she makes in the life. Sadly, there is no regard for the problems a common man is faced with in this fractured society. Courts are more interested in politicking and power play than providing justice to a common man.

Pakistan has no hope at all.

Unfortunately, every one in Pakistan just loves to take sides with the zeal of evangelic, instead of giving an impartial and impassionate comments, most commentators are just showing their bias. Yes, CJ has transgressed the line by trying to pre-empt a piece of legislation. On the other hand CJ bashers have started their mission of bashing. But dears, plz give some comments on the way of the Government also, whose mala fide is floating on the surface. Could laws be changed in the civilized countries to serve the purpose of a few people. A dual nationality amendment only to save some individuals. A Contempt law that aims at saving only one person. Dear, it is true that Power of Judiciary to Interpret the law and Constitution should not be unbridled, but the same is true for the power of the parliament in respect of legislation. We do have a written constitution, our parliament is not British Parliament to do whatever it wants to do. Some comments on this aspect also dears.

Mr. Iftikhar have a dictatorial mindset. He wont even allow anyone in his courts to desent. How is it possible that courts all around the world offer splits decisions but out courst in last few years have only offered unanimous decisions. Other judges wont dare to disagree will our CJ. He already got rid of desenting voices under the guise of PCO.

Well done Dawn, in speaking the truth. God save Pakistan, now!!

Why don't you ask vote for THE HONORABLE CHIEF JUSTICE OF PAKISTAN. Now its time for another experiment. NO TO MARTIAL LAW - NO TO DEMOCRACY - ONLY CHIEF JUSTICE LAW.

i think the CJ is trying to counter the politicians claims that anything parliament does is beyond question. Its a balance. Parliament cannot frame laws contrary to the constitution, unless it can muster the needed majority for an amendment. There too, there are limits. What if Parliament passes a law banning freedom of speech. Even if its passed with a 100% majority, i think the SC should be empowered to strike it down. The balance is needed to prevent a tyranny of the majority.

The CJ is absolutely right. Parliament is not supreme, once the law is passed. An example of this would be you find in policy manuals of most well run companies where the author himself is subject to question if he breaks the policy. It is very unfortunate that all coalition partners are a bunch of opportunists, who are out to make money and are doing all this to protect a corrupt individual, who has taken a refuge in the Presidency. CJ crusade againt Zardari will pave the way for not allowing thieves to Head or run the government.

What do you mean by this ? do you want to say that Pakistan should not be created at first place? If it is so, I DO NOT AGREE WITH YOU. Paksitan was created to practice Islam and this is the promise of our forefathers with Allah. If we do not implement Islam in its true sense honestly, we are doing disservice to Pakistan..... Let us return to our goal, that is Islam

Honorable Chief Justice comments and verdicts are tantamount to putting a cart before horse.

does people have got any relief from parliament????

We, like any other country, have problems. Comments like yours don't help, so don't expect to win over friends.

All praise due to the chief justice, Ch Iftikhar, for his efforts to undermine the nefarious designs of the corrupt, treacherous, and disloyal ruling elite of Pakistan.

A government of the judiciary by the judiciary for the judiciary.

Dear Observer, Do u support NRO? Do u support Govt not writing letter to the swiss authorities? Do u support fake degrees? Do u support Dual Nationlities? Courts have no other way of implementing their order except for the Contempt law...if u support all that i mentioned, u may need to analyse your patriotism once again

The rule of law that has worked in Europe for hundreds of year is also good for people of Pakistan. We exist in the world and must learn to live as a civil society and be good citizen of the world.

Well I am a Pakistani and I share the sentiments of my Indian friend. Dont kill the messanger!

Keep your logic in Europe .. we apply what suits Pakistan!

It is now judicial coup in Pakistan....

Hey, mind your own country .. would you?

Total agreement with the views of Mr. Sultan Khan. It would be a misfortune if JUstice Iftikhar and Co. strike down any legislation made by parliament. It would be sheer humiliation of parliament more severe than the contempt to National Assembly while overruling the ruling of Speaker National Assembly and disqualifying Prime Minister. Since Justice Iftikhar became CJ, he is causing troubles for the country. The judgement against privatization of Steel Mill. discouraged investment, completely stopped privatization process thus causing severe damage to the economy of country. His confrontation is a constant source of instability and uncertainty.

One couldn't agree more with your editorial. A CJ who accords priority and devotes more time to the 'memogate' as compared to the case of the missing persons (some of whom have been done to death ironically after a hapless mother filed the habeus corpus petition before the sama CJ) should be the last person on earth to give sermons on the judiciary's role to protect the fundamental rights of the citizens. Quite obviously the CJ is using his position (as also his erudition) solely for self aggrandisement.

Why not CHIEF Justice Iftikhar Chaudhry is striking out the Blasphemy.

If there was any doubt in anyones mind that this CJ is out to undermine the elected parliament, here is their proof. People who hate PPP can do it all they want but it has never openly conforted the military or judiaciary and has always bent over backword to accomodate. Some can say that this is to stay in power but history will judge it as their attemp to let democracy flourish even in its imperfect form. Opposition should take notice. It will be their turn next time. They can rejoice for now but if they allow this kinda of dictatorial attitude they will pay the price one day. Do not forget, both PPP and PML govt were sent packing in the past not by the people but unelected people who felt that they know better. This has gone on way too long and must be curbed if we ever want the democracy to take root in Pakistan.

This editorial is very well written. I love Chief Justice Iftikhar Chaudhry, but lately he is crossing line. I wish he works to correct judiciary so common people get justice in his watch.

Can't agree more with this editorial, Musharraf stand vindicated......

i think you are wrong! Mr. Chief Justice and the court have all the rights to examine every piece of legislation passed by the elected assembly federal or provincial whether the law violates the constitution. The US, India and all other countries have this principle. Only way the assemblies can pass a law violating the constitution is by changes the constitution itself. If we allow laws as you suggest or mean, then we would be pushed into the laws of the jungle. Thank God we have Mr Iftekhar Chaudry!!

Hero worship has never served Pakistan in the past and creating fake heores like Mr. Iftikhar wont help us either. No one in the right mind believes that what our courts are doing is to provide justice for the common folks. Just look around you and tell me if a common man finds any justice from the courts.

May I ask what you love about Mr. Iftikhar. What steps have been taken my his office in providing justice to a common man. All the people of Pakistan has seen him is systematic undermining of democracy that is going through growing pains.

May God save Pakistan.

The way I see things in Pakistan, it seems to be a fight between individuals rather than about the Constitution! Unless the institutions can amicably resolve their differences, the present impasse is likely to continue.

This CJ isslowly turning out to be worse than the generals! What is the procedure for the impeachment of CJ, just in case?

Nobody is immune from the Khalifa virus in Pak.

What we are seeing in Pakistan is not an effort to establish the rule of law but that of rule of the judges. Like dictators of old who always portrayed their personal interset as national interest, the judges are doing the same in enhancing their vested interest in the garb of ensuring the supremacy of law. It is an obvious case of Judicial overreach that has treatted the parliament with sheer contempt. It is not only judicial activism, it is judicial arrogance senselessly leading the country to a clash of institutions which is least desirable for a struggling democratic process. The question is not whether we want to save the country or the constitution. The question is whether we want to save the country or the Chief Jutice.

If the PPP government was working justly and within the constitution rather than serving one corrupt individual than , the Chief Justice would not need to invoke the powers that the constitution allows the supreme court .I am surprised that the author of this editorial completely misses this point .

The details of CJ's pronouncements were even more dangerous than what the editorial has recounted. Quoting a brother judge, he said that the judiciary will uphold a people's constitution. Does this mean the written constitution will be ignored? And how will the people's constitution be defined, if not by people's reps?

one should not give his view on the part of the courts in Pakistan lets se the decision of the time and nature God bless pkistan

Present ruling government is follower of falstaffian who bagged so many corruption scandals, i.e. scrapping the pioneer state departments like PIA, Railways, Steel Mills and WAPDA resulting horrible unemployment, lawlessness and load-shedding. The above proofs are sufficient to mend the brazen faced attitude. Trying to pass the bills of dual nationality by advocating that Parliament is superior than Judiciary. How it can be, parliament, in the past, has so many MNAs who have fake degree while judges are appointed after solid criteria !

The very concept of Pakistan was wrong. Best would be to undo the wrong.

Present ruling government is follower of falstaffian who bagged so many corruption scandals, i.e. scrapping the pioneer state departments like PIA, Railways, Steel Mills and WAPDA resulting horrible unemployment, lawlessness and load-shedding.

The writer is absolutely right. But the question is: why we do not have the courage to accept the reality that this judiciary and this Chief Justice (Justice Iftekhar Malik) is simply on a mission to serve the right wing extremists. That is why he was reinstated through mob politics and not by Supreme Judicial Commission in my opinion. And that is why he is at the liberty of picking and choosing cases against some and that is why he and his buddy justices have the power to choose their own justices, make their own decisions and interpret law/constitution as per their own need and want. The question is, how it happened? Although we all know the answer to it, but I think for some reason some of us do not want to admit it. Let us refresh our memory and go back prior to March, 2007, when CJ started appearing in public and giving political statements against government which was a desperate combined political need of major corrupt/exiled political parties and the right wing parties to over throw the Musharraf Government and create a favorable and facilitative atmosphere for PMLN and PPP parties for their come back in power. Although Musharraf had to make some unavoidable mistakes, and he was a military dictator, but he was compelled to take over the government and his sincerity towards nation cannot be challenged and matched with other dictators who by choice not only crushed the civilian governments and institutions but also destroyed and reduced our country. A whole hostile and discriminative atmosphere was built against Musharraf government in the name of democracy and independence of judiciary, because he refused to serve the interests of the right wing extremists, and on the top he did not belong to the land of pure as other dictators did. What if Musharraf spoke their language and danced on their tune as Zia did? Would he be not their hero and ruling now? I think CJ was beautifully raised and used against Musharraf Government, in use against the current democratically elected government and will continuously be used against any future liberal/democratic government till the next messiah from right wing rises and takes control of the government. And then every thing will be calmed down and the judiciary will start behaving and respecting the rights of the government of its kind. What is being said by CJ these days and since after his reinstatement can easily be matched with what he started saying in public prior to March 2007. I strongly believe CJ has nothing to do with justified independence of judiciary. He is on a political mission to achieve the agenda of his masters/supporters. zafarsyed40@yahoo.com

Rightly said by Askari wheterher we want to save our democratic system or Justice Iftikhar. He is a trouble making person confronting with other organs / institutions of the sate and damaging the interests of Pakistan in the name of rule of law but desires to establish his own rule like a judicial dictator and grab the powers of Executive and Parliament. His confrontations has craeated instability in the country and causing damage to economy. This weak political government is terrified fro judiciary to that extent that government nachinery has been paralysed and not delivering. The intentions of Justice Iftikhar are very claer that he will cointinue his confrontation irrespective of damage to the country and sufferings by poor people of Pakistan.

In other countries France there are "Constitutional Organs" that conrol the legality of the actions of the parliament. Without this organ in Pakistan, The Apex Court has to do this job. The Apex Court deals with constirutional legality of Parllamant's acts, its job is not to engange with the government in its affairs. Here, the editorial seems to ignore as to how the parliament is being used by the parties for "personal" affairs.

sir I think you should do your part in saving your country A CAMPAIN SHOULD BE LAUNCHED FOR RESIGNATION OF MR IFTIKHAR CHAUDHRY in their haters for PPP media and establishment gave so much support to mr chaudhry thathe has virtually taken over the functioning of the government resulting in chaos

A slap on the face of the Parliament is a slap on the face of the people especially when it is from a servant. Unable to understand the logic of Mr.Iftikhar. Constitution is authored by the Parliament i.e. Parliament is mother and Constitution is child. How can a child be superior to his/her mother?. In other words how can a servant dictate to his masters the people of Pakistan who are represented by the Parliament? . I think Mr.Iftikhar is taking undue advantage of the weak coalition government and blind support by PML(N) and PTI whose only aim is to come to power either on the toes of the generals or those of judges.

How the contempt law effect the the common man and why should there be immunity to CJP?can any one convince commoner like me.

why the CJ should make comments in pre-emption to a certain parliamentary process if at all announced, neither he is an elected member nor a politician. i think giving such comments are above his pay grade. we should atleast follow whatever kind of democratic system is in place in the country. NO ONE ABOVE THE LAW.

I am glad a lot of commentators slamed the CJ . His agenda is totally against the national interests.H played the whole nation , kept suspense and made the head line in the news . In reality he did nothing . The media should totally ignore him and everything will be OK.

It is good that you finally woke up and see the harms an egoistic man like this Chief Justice is and can cause to the whole system. DAWN you also must share the blame for this degeneration of thought process along with the rest of the community of journalists and the neo-journalists working in the media with very few wiser exceptions. This mindset is nothing but dawn of tyrany and must be resisted as vehemantly as possible.

Let me use mathematics. If will of a judge is affected by the contemt law, it affects will of all 17 judges. If will of all judges is affected, it affects will of the nation as nation's will is reflected through constitution (not in ammended form) So if you change constitution, you in a way affect will of the people. Ofcourse whatever we discuss comes into domain of fundamental rights as defined in constitution and interpreted by Supreme judiciary.

CJ is against the criminals and robbers sitting in the parliament. I know how they are elected. So many fake votes are used (approximately 50%). The way Pakistan is sinking (I think faster than Titanic sank) seems these politicians are only working to dis integrate Pakistan and seems they are the agents of America and Israel. All their assets are in foreign countries. See Ganja and family, Zardari, Diesel, etc. they never worked for the welfare of Pakistan. CJ is the only stopper to these corrupt leaders. Imran Khan is the only hope. Vote IK and save and make Pakistan Prosperous.

Pervez: the CJP is acting on political bias. Your comment is also politically biased. So, you find problems with the editorial. Not surprising at all.

jawa: If the government is corrupt, let the people say so in the elections. There are constitutional ways to take care of that. We don't need an individual judge or a group of judges to send the government home. He is / they are playing a certain role clearly defined in the constitution and he/they need(s) to stick to his / their role. I question the basis of your argument.

sultan, couldn't agree more... its about time we see the true face of chief Justice of Pakistan.... Musharraf was right when he banished him .... The mess that Pakistan is into today ... is becasue of the confrontation of Chaudhry Iftikhar and Musharraf .... and Pakistan came out loser and same is being repeated 5 yrs down the line ..... It has to stop now.....

This government is corrupt because it has power, as saying goes "absolute power corrupts absolutely'... but who is using absolute powers? can any one tell me...I think CJ has absolute powers as he can dissolve a sitting elected government, set aside any constitutional amendment, interfere in appointments of government functionaries. etc etc.... but is he a corrupted mind?... I don't know.

CJ's extraordinary remarks show that that he is not thinking straight -- he has gotten too close to his job has lost perspective -- he has worked very hard -- he needs rest.

you are deluded!

After readig your comment, I can only say that as long as people who think like you do are out there, Zia ul Haq is not gone.

CJ should be removed immediately...He has violated our Constitution and laws in recent illegal Orders...Also he should be investigated for corruption..