Recommendations binding on president: Supreme Court (Pakistan)

Updated at: 1427 PST,  Monday, January 18, 2010  ISLAMABAD: The Supreme Court on Sunday night clarified categorically that recommendations of the SC chief justice are binding on the president and any deviation would be tantamount to a subversion of the constitution. The remarks were made by the registrar of the SC following a concerted campaign on different media channels on Sunday against the recommendations of chief justice of Pakistan regarding appointment of new judges. Registrar Dr Faqir Hussain, told The News: “The constitution clearly states that appointment in Supreme Court is made by the president after consultation with the chief justice of Pakistan. The word consultation has been interpreted in the judges-appointment case of 1996. It is clearly laid down in this judgment that consultation has to be purposive, meaningful and that ordinarily the recommendations of the chief justice of Pakistan have primacy and binding on the executive.” Dr Faqir further said: “Chief justice is better placed to know the qualifications, calibre and professional standing of a candidate for the position of the judge in Supreme Court. So his recommendation ordinarily is binding on the president and will have to be accepted, will have to be approved except for sound and valid reasons to be communicated to the chief justice which is justiciable. These reasons are open to scrutiny to the court of law and court can give judgement on validity of the reasons given by the president. So, far all practical purposes, the recommendations are binding on the president. Any deviation from it would be contravention of the constitution and subversion of the constitution.” Dr Faqir concluded with the word, “This is the legal position.” Former Chief Justice of Pakistan Justice Saeeduz Zaman Siddiqui told The News late Sunday night that the president could differ with the recommendations sent by the chief justice of Pakistan regarding appointment of some judges in the apex court by giving valid reasons which could later be examined the Chief Justice. “But under the law and the constitution neither the president nor the prime minister or any other executive authority has any power to recommend any new name,” said the former chief justice. He said that a name could only be recommended by the chief justice for the appointment in Supreme Court. A full-fledged campaign, apparently backed by the law ministry’s top guns, reached its peak Sunday night when it was continuously repeated that the prime minister had changed the recommendations of the chief justice and had sent to the president the name of Justice Khawaja Sharif as judge of the Supreme Court and recommendation of the Justice Saqib Nisar as Chief Justice of the Lahore High Court. While the chief justice had sent the recommendation of elevation of Lahore High Court judge Justice Saqib Nisar as the judge of the Supreme Court and recommended appointment of the retiring judge Justice Khalil-ur-Rehman Ramday as an ad-hoc judge of the Supreme Court. However, certain top guns of the law ministry started a malicious campaign in the media against the recommendation of the chief justice giving wrong references of the Al-Jihad Trust Case. These references were even rebutted by the petitioner in the Al-Jihad Trust case and chairman of this trust senior advocate Habib Wahab-ul-Khairi and other top constitutional experts of the country including former Chief Justice Siddiqui. According to sources, by sending Justice Khawaja Sharif to the Supreme Court, some hawkish legal advisors of President Zardari were planning to avoid the recommendations of Justice Khawaja Sharif, which he gave for the appointment of new judges in Lahore High Court. New names of judges may then be sent for the LHC. However, senior lawyer and former judge of the Balochistan High Court, Justice Tariq Mehmood told The News that recommendations regarding appointment of new judges given by any high court chief justice always remain intact even if that chief justice retires or is transferred from his position. Spokesman of the president Farhatullah Babar told this scribe that the news being run on different TV channels regarding some final decision by presidency were wrong.

Avatar' wins two Golden Globes

By Alan Duke, CNN

January 18, 2010 7:55 a.m. EST

James Cameron's "Avatar" won the Golden Globe award for best movie drama

Los Angeles, California (CNN) -- James Cameron carried home two Golden Globes on Sunday night for his 3-D blockbuster, "Avatar."
"Avatar," which has sold $1.6 billion in tickets worldwide in just a month, was chosen best movie drama, while Cameron won for best movie director.
"We have the best job in the world," Cameron said.
Many of the winners and presenters at the 67th Golden Globes wore red and yellow ribbons, a reminder of Tuesday's devastating earthquake in Haiti.
"It does feel strange to dress up and play fantasy, but I'm glad we are talking about it," actress Kyra Sedgwick told CNN on the red carpet.
Globe producers included several appeals in the awards broadcast for viewers to donate to Haitian relief efforts.

 

Video: 67th annual Golden Globes

 

 

Video: Golden Globes fashion

 

As "Crazy Heart" star Jeff Bridges accepted the best actor in a movie drama award -- the first Golden Globe of his career -- he joked about his lack of awards.
"Wow, you're really screwing up my under-appreciated status here," Bridges said.
The best actress in a movie drama went to Sandra Bullock for her work in "The Blind Side."
Robert Downey Jr. won the Globe for best actor in a movie comedy or musical for his role in "Sherlock Holmes."
Downey joked that he didn't have an acceptance speech because his wife told him Matt Damon would win the category for "The Informant!"
"The Hangover," a comedy about misadventures in Las Vegas, won the Golden Globe for best comedy or musical movie.
Former boxing champ Mike Tyson, who played himself in the film, stood onstage as a movie director Todd Phillips accepted the award.
Austrian actor Christoph Waltz won the Golden Globe for best supporting actor in a movie for "Inglourious Basterds."
The role of Nazi Colonel Hans Landa -- the villain in Quentin Tarantino's film -- required Waltz to speak four languages fluently.
The Golden Globe for best TV drama was awarded to AMC's "Mad Men" for the third straight year.
Alec Baldwin repeated his Emmy success at the Globes, winning the best actor in a TV comedy or musical series award.
Meryl Streep took home her seventh Golden Globe, one for best actress in a comedy or musical movie, for "Julie & Julia."
Streep, referring to last week's earthquake in Haiti, said it was hard for her to put on her "happy movie self, in face of everything I am aware of in the real world."
Streep had two chances to win the category, because she was also nominated for "It's Complicated."
Kevin Bacon won the Golden Globe for best actor in a made-for-TV miniseries or movie for his acting in HBO's "Taking Chance." It was his first Globe.
Bacon, in a CNN interview before the show, asked fans to donate to the Haitian relief through his personal Web site.
"Honestly, I've never seen anything like it," Bacon said. "The images are so devastating. I am hopeful and inspired by the way most people are coming together and rallying around it."
The Globe for best actress in a made-for-TV miniseries or movie went to Drew Barrymore for HBO's "Gray Gardens." It was her first Globe win after three nominations.
Chloe Sevigny, who plays the second wife in HBO's "Big Love," took the best supporting actress Globe for a made-for-TV miniseries or movie.
"Up in the Air," which was up for Globes in six categories, won the best screenplay award.
Showtime's "Dexter" grabbed Golden Globes for best actor -- Michael C. Hall -- and best supporting actor -- John Lithgow -- in a TV series, miniseries or movie.
The best actress in a TV drama series went to Julianna Margulies for her work in "The Good Wife" on CBS.
Comedian Mo'Nique won the Golden Globe for best supporting actress in a movie for her role as an abusive mother in "Precious: Based on the Novel 'Push' by Sapphire."
"I'm shaking when I tell y'all I'm in the midst of my dream," Mo'Nique said.
Toni Collette won the best actress in a TV comedy or musical TV series for Showtime's "United States of Tara." It was Collette's first Globe win, though she has been nominated four times.
The Disney-Pixar blockbuster "Up" won the Golden Globe for best animated movie. Pixar has won the category every year since it was started four years ago.
"Up" was also honored for best original movie score, which was composed by Michael Giacchino.
The award for best original song for a movie went to T Bone Burnett's "The Weary Kind," the theme for "Crazy Heart."
The Golden Globe for best foreign language film was given to Germany's "The White Ribbon." Film legend Sophia Loren presented the award.
On the red carpet, the earthquake in Haiti and rain over Los Angeles dampened the Golden Globes Sunday evening.
Dresses were as glamorous as ever, but the talk was less about the competition and more about the relief efforts under way in Haiti.
"It does feel strange to dress up and play fantasy, but I'm glad we are talking about it," said Kyra Sedgwick, nominated for a fifth time as best actress in a TV drama for "The Closer."
British comic Ricky Gervais, who is hosting the 67th Golden Globes show, said "someone much more important than me" will address the Haiti tragedy during the NBC telecast.
Actress Olivia Wilde, who was already involved in supporting an orphanage and three schools in Haiti, said her Golden Globe dress and several others will be auctioned off with "100 percent of the money going to a local program in Haiti."
"It's my way of turning all this fashion madness into something positive," Wilde said.
George Clooney, up for a best actor award for his film "Up in the Air," will host a telethon on Friday to raise money for the devastated island nation. "Up in the Air" has six Golden Globe nominated, the most of any other movie.
The Golden Globes, produced by the Hollywood Foreign Press Association, is the opening act in the 2010 awards season.
Umbrellas were out as a rare rain fell Sunday evening. The first section of the red carpet leading into the Beverly Hilton Hotel was not covered.

Profile: IMF and World Bank

IMF headquarters in Washington D

The International Monetary Fund, or IMF, and the World Bank's forerunner were set up to manage the post-World War II global economy.
They were conceived in 1944 at a conference in Bretton Woods, in the US state of New Hampshire.
By fostering economic cooperation and helping countries with balance of payments problems the founders hoped to avoid a repeat of the 1930s Great Depression.

OVERVIEW

OVERVIEW | FACTS | LEADERS | ISSUES

The IMF aims to preserve economic stability and to tackle - or ideally prevent - financial crises. Over time, its focus has switched to the developing world.

IMF's role in the developing world has been scrutinised 2005: IMF stresses developing country role

The World Bank's predecessor - the International Bank for Reconstruction and Development - was set up to drive post-war recovery. Now, it is the world's leading development organisation, working for growth and poverty reduction.
Owned by the governments of its 185 member states, the Bank channels loans and grants and advises low and middle-income countries.
The IMF is funded by a charge - known as a "quota" - paid by member nations. The quota is based on a country's wealth and it determines voting power within the organisation; those making higher contributions have greater voting rights.
The Fund acts as a lender of last resort, disbursing its foreign exchange reserves for short periods to any member in difficulties.

Crisis response
The IMF and World Bank attempt to help countries or regions in economic turmoil.
In October 2008 the IMF activated an emergency funding scheme for countries facing economic distress resulting from the ongoing global financial crisis. As of February 2009, it had committed around $50 billion in lending to a number of economies affected by the crisis, including Belarus, Hungary, Iceland, Latvia, Pakistan, Serbia, and Ukraine. A number of other countries were in talks with the Fund.
Past interventions by the IMF have included providing funds for countries caught up in the 1997 Asian financial crisis.
After Argentina's financial crisis, and its record debt default in 2001, the IMF negotiated a new loan package. The Fund extended a record $30bn loan to Brazil to stave off a debt default.
The IMF can also grant emergency loans following natural disasters; these have included the 2004 Asian tsunami.

Developing countries
The IMF and World Bank set up the Poverty Reduction and Growth Facility in 1999. The scheme grants loans with conditions attached.

A strategy paper - called a Letter of Intent - specifies the elements of a country's recovery plan. In return, loans are agreed as and when the targets laid down in the letter are met.
The IMF may demand reforms to promote good governance and to tackle corruption. The Fund maintains that a good climate for business is essential for growth and poverty reduction.
The World Bank funds specific infrastructure projects. One of its agencies, the International Development Association, focuses on the world's poorest nations. The Bank is pledged to UN-backed Millenium Development Goals to reduce key indicators of poverty by 2015.
Debt relief
The Highly Indebted Poor Countries Initiative (HIPC), launched by the IMF and the World Bank in 1996, aims to reduce the debt owed by the world's poorest countries in return for economic reform.
States are eligible if their debt is unsustainable and cannot be tackled by traditional methods. The reforms they have to undertake often include privatisations.
By 2005 nearly 40 countries had started programmes under the HIPC. Debt relief kicks in when a country meets what is called the "decision point". Around half of the HIPC countries have reached the end of the process, known as the "completion point".
These states stand to have their debts written off under a proposals drawn up in 2005 by the finance ministers of the G8 group.

FACTS

OVERVIEW | FACTS | LEADERS | ISSUES

• Conceived: Bretton Woods, New Hampshire, USA in 1944
• Headquarters: Washington DC
• IMF-World Bank membership: 185 countries
• World Bank staff: 9,300
• IMF staff: 2,700

LEADERS

OVERVIEW | FACTS | LEADERS | ISSUES

IMF managing director: Dominique Strauss-Kahn
Dominique Strauss-Kahn became head of the Fund in November 2007, taking over from Spain's Rodrigo Rato.

Dominique Strauss-Kahn

Under an unwritten convention, the European Union nominates the head of the IMF, while the US appoints the World Bank head. Mr Strauss-Kahn served as France's finance and economy minister between 1997-1999. He is also a former professor of economics at the prestigious Institut d'Etudes Politiques de Paris.
During his time in government, Mr Strauss-Kahn cut the public deficit to qualify France for the euro and took steps that paved the way for the privatization of a number of state-owned firms. In 2006, he sought the Socialist Party's nomination for the French presidential election, but was not successful.
He has pledged to pursue reforms to make the IMF more relevant to developing countries.
Day-to-day, the IMF is overseen by a board of 24 executive directors. These are appointed or elected by member governments, or groups of member governments.
The board is headed by the managing director, assisted by three deputies.
World Bank president: Robert Zoellick

Robert Zoellick

The US nominated Robert Zoellick to replace former US deputy defence secretary Paul Wolfowitz, who stepped down in June 2007 after becoming embroiled in a scandal over alleged favouritism. Mr Zoellick is a former US trade negotiator and senior executive at Wall Street investment bank Goldman Sachs.

ISSUES

OVERVIEW | FACTS | LEADERS | ISSUES

The Fund and the Bank serve as a rallying point for a disparate causes - from environmentalists to anarchists - and sometimes-violent street protests have accompanied meetings.
Protesters and critics are largely united in their distaste for globalisation; broadly speaking, the integration of world economies. They cite the exploitation of the poor and the environment and argue that freer trade threatens the livelihoods of millions of people.

IMF and World Bank policies have stoked opposition

The IMF has admitted that forcing developing countries to open their markets to foreign investors can increase the risk of financial crises.
Its former managing director Horst Koehler said in 2002 that the benefits of globalisation had not been equally shared. But he added that "the objective should not be less globalisation but more and better globalisation."
Campaigners also argue that loans and long-term agreements can lock countries into aid dependency.
Representation
Developing countries - as well as some of Asia's rapidly-growing economies - have voiced dissatisfaction with what they say is their lack of influence in the IMF and World Bank.
They have called for changes to the system in which votes in the IMF are weighted in line with member nations' financial contributions.
Under the system the US has 17% of the vote in the Fund, whereas India, with more than three times the population of the US, has less than one third. And because constitutional changes in the IMF require 85% of the vote, the US has a veto.