tag:blogger.com,1999:blog-30321121.post6366091660186432527..comments2024-03-18T21:52:53.357+05:30Comments on Cuckoo's call: Pakistani Zindabad!ramahttp://www.blogger.com/profile/07762427741454619332noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-30321121.post-47041090348430200252009-03-16T22:58:00.000+05:302009-03-16T22:58:00.000+05:301. You seem to be overcritical of the 'rituals of ...1. You seem to be overcritical of the 'rituals of democracy' in India! It would be erroneous to assume that in the current age 'democracy' represents the ideals of political philosophers as Locke and Dahl. We should, in fact, look at it as a lesser evil.<BR/><BR/>2. A review of Pakistan’s constitutional and political history indicates that the Supreme Court has mostly been involved in the political function of legitimating the de facto power- something the Indian SC has rarely indulged in. Chief Justice Chaudhary is no stranger to this. In May 2000, Justice Chaudhry was on the twelve-member bench that reviewed the challenge to the coup and decided in favor of Musharraf. In 2002, he was on the nine-member bench that upheld the legality of Musharraf’s extra-constitutional referendum to become the president of Pakistan. In 2003, he was on the five-member bench that upheld<BR/>Musharraf’s amendments to the basic structure of the Constitution. In 2004, when the<BR/>parliament elected under Musharraf passed an act allowing Musharraf to retain his uniform, Chaudhry was on the five-member bench that upheld the act in 2005. Shortly<BR/>after that decision, Chaudhry became the chief justice of Pakistan. As the Chief Justice, he blocked the National Reconciliation Ordinance to prevent Benazir Bhutto from coming back to Pakistan. It is clear therefore that Chaudhry had a solid record of providing judicial legitimacy to the de facto regime, the most basic function of Pakistan’s Supreme Court. How would Chaudhry end up in confrontation with Musharraf in less than two years, a question no body seems to be asking.<BR/><BR/>3. Judicializtion of Politics can not be permitted under any circumstance. It also appalls me that a legal complex uses not only a legal strategy, but also insurgent politics to achieve its goals. We are lawyers, not members of the mob!<BR/><BR/>4. Perhaps this is why I am not as excited at the reinstatement. I even doubt whether this came by a judgment, or a mere Executive Order of the President. As the reader before me has commented, it might just be a political compulsion on part of the Pakistan government!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30321121.post-72730638753568843152009-03-16T21:47:00.000+05:302009-03-16T21:47:00.000+05:30dont be too optimistic. i have a feeling that zard...dont be too optimistic. i have a feeling that zardari has done this at the behest of the USARahul Banerjeehttps://www.blogger.com/profile/03878406459334361611noreply@blogger.com