"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Yousafzai
Full Name: Manzoor Ahmad Yousafzai
User since: 20/Apr/2008
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Disqualification of Mr. Gilani is a new hope for the litigants in the Courts


            The disqualification Judgment of a sitting Prime Minister has given surety to the litigants in the Courts that they would succeed in their respective cases if their stance is according to the law irrespective of the intentions of the opposite party or influence.


            The leniency of the Supreme Court with the Prime Minister had been undermining the whole system of administration of justice. The Supreme Court had come to know the real intentions of the people in the Government through various sources. Any more delay in the removal of the Prime Minister might have given cogency to the doubts of the people. 


            The high-graded and low-graded officers of various departments were getting bad inspiration from the tussle in shape of overlooking the Judgments of the Supreme Court. The people were expecting the Supreme Court to bring the fruits of the years’ long litigation. The nation has come to know the real intentions of the PPP.


            In my opinion, the allies are destroying their image by letting cooperation to the PPP. Even it has been observed that most of the real and committed PPP workers were not in favour of this attitude of the PPP leaders.


            The disqualification Judgment has now set the wrong mentality of the Governmental Officers in the right direction whose primary job is to obey the Judgments of the Supreme Court without looking behind them. The defiance of the Prime Minister had emboldened to play with the Judgments of the Supreme Court and to trample the rights of the aggrieved persons.


            It is my personal experience that the high-graded have never accepted the Judgments of the Supreme Court for real implementation. Even the Law Department of the Government of Khyber Pakhtunkhwa has not played its effective role in this regard. It is the job of the Law Department to apprise the Administrative Departments about the Judgments of the Supreme Court on all the issues in the Civil Servants Act, 1974 or any other law for deciding similar cases in light of the rulings of the Supreme Court but it has been observed that the administrative departments have not been properly guided which have created numerous problems of the aggrieved Civil Servants.


            The administrative officers in the majority of the cases face humiliation in the Courts and then are frequently reprimanded for the non-implementation of the Judgments. The administrative officers have carved out a strategy that when they face failure in the Court and the Judgment goes against them, they issue simply a letter to the subordinate officers for the implementation on the rest of the Government Servants but in reality only those persons get the benefit who have contested the case while others are left without relief. The best example is the non-extension of the fruits of the Judgments of Supreme Court which have been done in the year 2007-08 but so far all the Cadres of teachers have not got the benefit. The Finance Department of the Government of Khyber Pakhtunkhwa has issued various letters regarding the Advance Increments to the Administrative Departments but when they are contacted, they say that clear instructions are still awaited and thus defer the matter which is aggravating the agony of the other teachers and other Government Servants.


            Personally as an aggrieved person I have cases in the Peshawar High Court and in the Service Tribunal KPK. No one can imagine the limits of my happiness on the removal of the Prime Minister because his removal has invigorated my confidence in the “Rule of Law”. As a student of law and Political Science and an aggrieved person I was not in the mood of any concession with the Prime Minister. Now I am hundred percent sure that the Judges who were two hundreds percent satisfied of my arguments in the cases and to whom I quoted the Judgments of the Supreme Court would be able to implement their Judgments to my satisfaction.


            It is the general mentality of every criminal that whenever he is stopped or held guilt, he shall become your enemy. It is really a difficult job and that is why it has been highly valued by our religion and Holy Quraan. Finally, Almighty Allah would decide who is on the right or who is on the wrong.


            I give good news to all those Government Servants and others through this email that their rights shall be protected and if they still feel any grievance then they can blindly trust the Courts for the redressal of their grievance.


Manzoor Ahmad Yousafzai

Thursday, June 21, 2012

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