Tag Archives: judge

PPP lashed out at the PM for the outburst against SC judges | Instant News


ISLAMABAD: Pakistan People’s Party has taken exception to Prime Minister Imran Khan’s outburst against the opposition and said the opposition cannot appoint judges in Pakistan’s Supreme Court because there are procedures established for the promotion of judges based on individual seniority.

“It is the government whose mala fide intentions duly noted by the Supreme Court in its verdict on 23 October 2020 has gone through the false accusation of trying to overthrow a highly respected judge,” said Pakistan People’s Party Core Committee Member Taj Haider in a statement on Monday.

Haider said the “elected prime minister ‘in a burst of unthinkable sentiment had exposed and proved his ill will towards the judge once again in his speech in Gilgit on November 1.” It should be noted that the prime minister who was elected in his speech in Gilgit, while attacking the opposition and offering incentives to voters, violated the Gilgit-Baltistan election code of ethics and the election law, “he said.

He said how ironic it was for an ordinary lawbreaker to keep nagging at the Supreme Court’s highly respected judge. “What an explosion if not an insult to a predetermined court,” he said, adding that after the Supreme Court’s ruling in Judge Qazi Faez Isa’s case, the honorable choice for the prime minister and president is to resign from their posts. position.

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Trump’s Withdrawal Plans in Germany ‘Very Expensive’ «Breaches Defense | Instant News


European Command Headquarters (EUCOM)

President Trump proposed the resettlement of 11,900 US troops from Germany in July. The transfer of some to other European countries, with others returning home generated a lot of criticism. Although Defense Secretary Mark Esper tried to put a strategic turn on the move, the president quickly undermined him. Later, government representatives went to Congress to file their cases and were blasphemed in the rare bipartisan show of policy deals. So, will this proposed troop movement actually be implemented?

What Is Proposed?

Administration wants restoration of 11,900 service members; 5,600 of them will move from Germany but remain in Europe; 6,400 will return the United States. In Europe, the European Command headquarters and the associated special operations command headquarters will move from Germany to Belgium, to be deployed with NATO headquarters. Three brigade-sized headquarters, one air defense battalion and an engineer battalion will move from Germany to Belgium. Several Air Force units will move to Aviano in Italy. Other moves are possible, such as moving African Command from Germany to Belgium. (Yes, African Command is physically in Europe.)

Strategic Reasons

Mark Cancian

Esper attempted to provide a strategic rationale that the change was “completely in line with the National Defense Strategy.” They will “increase US and NATO deterrence against Russia, strengthen NATO, reassure allies, and increase US strategic flexibility in your calming operational flexibility.” National Security Adviser Robert O’Brien argued an opinion that the large foreign base was “obsolete” and that restructuring would make US deployments more “advanced and expeditionary”.

Trump’s excuse

Unfortunately for Esper and O’Brien’s strategic reasons, the president told reporters at the White House that he had ordered a troop withdrawal because Berlin was “naughty” by not spending enough on defense. “We don’t want to be suckers anymore.” This has been a Trump theme since the 2016 campaign and is therefore not surprising, but it undermines Esper’s efforts to provide a strategic base for this troop movement.

The reaction

The reaction to the White House proposal has always been negative. A series of critical comments emerged right after the announcement, describing the proposal as: “[harmful] for the national security and fiscal situation of the United States;“”zero strategic meaning;“And “Nothing to do with strategic thinking or analysis.”

screenshot of the HASC video

Rep. Mac Thornberry

The DPR Armed Forces Committee hearing on reinstatement resulted in sharp bipartisan criticism. Pentagon representatives were unable to answer many questions about the specifications. Congressman Thornberry, a top Republican who retired after this election, was candid: “They clearly haven’t thought about the consequences … The people at the Pentagon are trying to put lipstick on pigs.” Democrats are even sharper.

Related Troop Movements

While technically not part of this package, the Trump administration has considered other troop movements within NATO, such as moving troops to Eastern Europe and the Baltic countries. Poland is eager to deploy US troops locally, sometimes derided as “Fort Trump”. The Baltic countries have a rotating troop presence now and want to get something more permanent because they are facing Russia head-on. Romania and Bulgaria have also expressed interest. The United States is gradually improving infrastructure in Eastern Europe through the European Deterrence Initiative.

A key point in this debate, which has not been discussed much in public, is that re-deployment of military forces is prohibitively expensive. The US military was unlike the Roman legions, which could build temporary camps overnight and build permanent camps with their own resources within weeks. US military forces need permanent barracks, dining facilities, motor pools, headquarters buildings, gyms, protected perimeters and roads.

If the new facility includes dependents, as the case may be, then the base will need to have family housing, commissioners, stock exchange, schools, and child care centers. Even if the host country provided real estate, as they used to do, this facility could cost billions of dollars. Even though Secretary Esper says the costs will be in the billions of single digits, it may be optimistic. To provide one relevant example: moving 5,000 Marines from Okinawa to Guam (indeed a high-cost location) would cost $ 8.7 billion.

Taking these costs into account, let’s divide the proposed troop movements into three parts and examine each one: movement around Central Europe, movement to Eastern Europe, movement back to the United States.

Touring Central Europe

The strategic reasons for movement around central Europe are weak. Moving headquarters from Germany to Belgium is not only costly but likely counterproductive. This puts all US headquarters in one country and holds them hostage to the changing political environment of that country. Older people may remember that following the 2003 invasion of Iraq, several Belgian legislators proposed that Bush administration officials be accused of war criminals for violating international law.. Belgium back then back then-Sec. Rumsfeld threatened to move US headquarters elsewhere.

Although Aviano, where Air Force units would go, is already a major US base and closer to hotspots in the Mediterranean, it is no closer to Russia. Esper added a feeble excuse that it was a little closer to the Black Sea, where several incidents had occurred, but that was not where the greatest danger lay.

Due to weak strategic reasons and high costs, Congress is unlikely to provide funding for this move. If Joe Biden is elected, his government will surely stop this plan.

Movement to Eastern Europe

The strategic reasons here are strong. The closest and most dangerous threat to NATO countries is to the East, especially the Baltic countries and Poland. Troops in Germany need to transit across multiple regions to reach any zone of possible conflict. Such a transit has become a logistical nightmare for NATO exercises and, even in times of war, may face many hurdles during situations when times are critical. So moving at least some force east made sense. This has been especially true since then Poland, for example, recently agreed to bear the costs.

Return to the United States

There is reason, though weak, that moving troops to the continental United States will bring them closer to the Pacific, which has a higher priority. However, the national defense strategy, and possibly the Biden administration strategy, focuses on Russia and China. Moving power away from Russia would not be consistent with such a dual focus.

Furthermore, the base in the United States that could accommodate the returning field units was largely full. While there may be odd buildings available, for the most part, a new set of facilities will need to be built. So, the move will cost billions.

The only way such a move would make sense would be to not move troops at all but disband the units as part of downsizing the Army and refocusing the defense budget on high-tech weapons. Many strategists have proposed such an approach. The Obama administration wants to cut the active duty Army to 450,000, about 37,000 below now. The Biden administration, and possibly a second Trump administration, might do the same.

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The death of Ruth Bader Ginsburg shows the supreme courts of the United States and Australia are very different animals | Instant News


Striking differences between the United States Supreme Court and the Australian High Court have been exposed, with the death of Ruth Bader Ginsburg.

Compared to Australia’s highest court, the US appears to be a completely different universe.

Ginsburg’s death on September 18 produced an outpour of great sadness among many Americans.

Dubbed “Famous RBG” (nod to rapper Notorious BIG), with mugs, T-shirts and tote bags all over the world inscribed with his photo – something Ginsberg finds quite amusing – Supreme Court judges are celebrated for his defense of women’s and minority rights.

As Professor Helen Irving, a constitutional law expert from the University of Sydney explains, she is a very respected figure in the US, with a sort of celebrity status that has increased significantly in recent years.

Candles were lit outside the Supreme Court in Washington after the death of Ruth Bader Ginsburg.(Reuters: Joshua Roberts)

It is hard to imagine the justice of the Australian High Court being celebrated in the same way.

Australian courts address private matters

US President Donald Trump is now preparing to support conservative Judge Amy Coney Barrett, their appointments to the Supreme Court, amid controversy and scrutiny from the US Senate.

Simultaneously, Australia is preparing to replace two positions on the High Court bench.

President Donald Trump walks with Judge Amy Coney Barrett
President Donald Trump has nominated Judge Amy Coney Barrett to the Supreme Court.(AP: Alex Brandon)

Judges Jeffrey Nettle and Virginia Bell will both turn 70 in the coming months, giving the federal government a rare opportunity to reshape courts.

According to constitutional law expert Professor George Williams, of the University of New South Wales, the new judges will find a much quieter path to the bench than their US counterparts.

“The judges must be confirmed by the senate and can be questioned in a way that can be witnessed by the entire nation,” he said.

“In contrast, the Australian system is confidential and has no public element.”

Portrait of a man on the page.
Professor George Williams said politicians will appoint the next High Court judge behind closed doors.(ABC News: Elizabeth Byrne)

The first thing we will know about the appointment of a new High Court judge in Australia, is when the government announces it.

“They need to consult with the states – but instead, it is a decision in their bounty, which they can make on their own,” said Professor Williams.

Diversity remains a problem

How the government will make its choice is still up for debate.

“What you have to guess is a matter of geography, personal friendships and a sense of where the government wants to go,” said Professor Williams.

If the government’s reaction recently The Court of Appeal’s decision, that non-Aboriginal nationals cannot be deported is a guide, the next option will likely be conservative.

Names thrown up in legal circles include Federal Court judges Jayne Jagot and Jonathan Beach, and Mark Leeming of the New South Wales Court of Appeal.

One of the thoughts is, since the judges coming out are from Victoria and New South Wales, that’s where the next two judges will come from.

Professor Williams said there are other important factors to consider.

“Currently, many women have been appointed, but there is no representation of people from different cultural backgrounds.

“Or even if you look at geography, we have 53 judges appointed in the High Court – but never one from South Australia or Tasmania.”

Should Australian designation be more transparent?

A woman with long hair and glasses, smiling.
Professor Helen Irving said the US system of appointing judges has weaknesses.(ABC News: Billy Cooper)

It is not clear when the government will announce the names of the two new judges.

But the forthcoming appointment has renewed debate over how Australian judges are selected.

Professor Williams is one of many legal professions who are calling for a more transparent system.

“I think we can have a commission that provides independent expert advice to the government on people who are worth considering, to assess whether they have the quality of independence, legal knowledge and skills,” he said.

That view is endorsed by the Australian Law Council.

“If you want to gain public trust … then a transparent system, in my opinion, is the best option,” said board chairman Pauline Wright.

But the idea is not universally supported.

Professor Irving has warned we must be careful in following that route.

“I think the US example shows what can happen when you have what is called a nomination, appointment and public confirmation process,” he said.

“It drives the kind of political battleground that we see in the United States today.

“It encouraged the kind of opportunism, partisanship and political opportunism that we see today, after the death of Justice Ginsburg.”

US judges play a more political role

The Hon.  Michael Kirby sat in a chair in front of the blinded window.
Retired High Court judge Michael Kirby has a fair following among law students.(ABC News: Robert Virtue)

The Australian High Court and the US Supreme Court are both constitutional courts.

But that’s where the similarities end.

US judges are appointed for life, with Australian counterparts forced to retire at 70.

Australian courts operate under a separation of powers.

Yet the US Supreme Court occupies a much more political position, according to Ms Wright.

“Judges are nominated by the president,” he said.

And that means the courts have a more political role, addressing issues that parliament will address in the Australian system.

It is this political role that some believe gives rise to a much higher profile of US judges, as ordinary people understand the relationship between court decisions and their everyday lives.

But Ms Wright said she believes Australia does have Ginsburg of its own, in former High Court Judge Michael Kirby.

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It’s a strange time to travel | To select | Instant News


Next week we will be in Pennsylvania to visit our daughter who is at school in Erie on Lake Erie This will be one of our most unique trips as face masks are needed for almost the entire trip . Traveling is just not what it used to be. Do you remember when people smoked cigarettes in the middle of the flight? A little light came on to tell the passengers it was time to put out their cigarettes, we were going to land. Smokers who flew on the plane at the time were very upset when new rules banned smoking on board. I have a feeling these same people would be really unhappy with the requirement to wear a mask for the entire flight We received an email reminding us that anyone over 2 years old must also wear a mask at airports except when we were We were also told that we would receive an “ all-in-one ” snack bag that included a wrapped disinfectant wipe, an 8.5 ounce water bottle and two snacks, as well as a sealed drink on flights over 2 hours and 20 minutes. “On flights shorter than that, we’ll have a sealed drink and that’s it. No more friendly flight attendant taking our drink order. Erie is quite close to Niagara Falls. We were wondering if we could see it or not, as people like to go to the Canadian side for a better view, and the border between the US and Canada is closed at least until the end of August. which is the boat that takes you near the falls, was closed in June, it is now open on the US side and available for people in good health, wearing masks and willing to stand at least 6 feet from other people on a small boat .Fort Niagara opened in July and is available for healthy masked visitors, which is the same for all the restaurants we stop at. There won’t be any buffets though, and it looks like food “that requires minimal preparation” will be the rule. Fortunately, Pennsylvania is not on the list of states that require a 14-day quarantine when we arrive home. We were also assured that the plane is cleaned within an inch of its life and that airports will be cleaner than our homes. Still, we have small containers of disinfectant to use liberally when we feel too far away from a sink and soap, and we’ll avoid other people like the plague. our face, and white where the mask was. It’s a strange time to travel. .



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The LHC request entered a decisive phase | Instant News


ISLAMABAD: Investigation of the video case of judge Arshad Malik has entered a decisive phase at the Lahore High Court (LHC), officials said on Tuesday.

The inquiry committee headed by Judge Sardar Ahmed Naeem is said to have begun compiling his comprehensive report into the video controversy of judge Arshad Malik, revealing a senior official familiar with the latest developments, who sought anonymity.

“All records have been examined. Judge [Malik] has been handed over its stance. Reports will be submitted to the administrative committee [to be headed by Chief Justice LHC]. This committee based on the investigation report will determine the fate of the judge who is famous for the video [Arshad Malik], “a senior official told Geo News.

The administrative committee led by LHC Chief Judge at the time, Sardar Shamim Khan, raised the issue on August 26, 2019 to discuss the issue of the former Islamabad accountability court judge, Arshad Malik, who was suspended due to the controversy over video leakage. Official sources claim that the administrative committee will most likely consider action against judge Arshad Malik.

The Supreme Court of Pakistan (SCP) in its order on August 23, 2019 observed that “we [judges of SCP] hopes that after his return the appropriate departmental disciplinary process will begin with him [judge Malik] by the Lahore High Court, Lahore immediately. “The seven-member LHC administrative committee held two closed meetings since 26 August 2019 to discuss the matter of Malik’s judges. Judge Sardar Ahmed Naeem after gathering all official records and findings of the FIA ​​has reviewed all records of Malik’s judge services, actions and styles of giving justice related to the supremacy of the rule of law. and the highest justice, officials said.

“There are serious allegations against judge Arshad Malik … his services have been suspended, also he admits his guilt – the investigation of the judge must be resolved immediately – judge Malik, however, has the right to face a fair trial of the court and must be given the opportunity to defend his case in front of the disciplinary committee, “the opinion of Judge (R) Shah Khawar. The findings in the Malik judge video investigation must be noted now because the SCP has also expressed concern over the judge’s behavior, he added.

SCP in its order against judge Malik wrote: “The recognized behavior of judges as such is shocking, to say the least, besides disgusting and offensive to the image of judges in society. His dirty and disgusting behavior has made thousands of honest, honest, fair and proper judges in this country they hang their heads in shame – their acknowledged behavior arises from the press release and written statements that smell bad and stink from such bad behavior have a tendency to bring bad names to the whole court as an institution. “

The case is being adjourned by the FIA ​​Cyber ​​Crime Wing which seems to have failed to prove the facts of all the accused named in the FIR, officials said. The IHC has sought a complete recording of the video case of judge Arshad Malik from the FIA, which expressed his concern over the way the agency conducted the investigation.

“There is no progress in the investigation of judge Malik’s video,” said a senior FIA official.

The chair of the investigation committee Babur Bakht Qureshi did not respond to correspondent questions related to this case. Despite repeated attempts, Mr Qureshi did not respond to this correspondent who wanted to ask “why did the FIA ​​fail to conclude the investigation in this case and what was the main stumbling block in its way to make progress, if any, into this case.”

The historical background of the Malik judge case shows that PML-N leader Maryam Nawaz held a press conference on July 6, 2019 accused of saying the judge sentenced former prime minister Nawaz Sharif in Al-Azizia’s reference under duress. The judge in a complaint filed with the FIA ​​Cyber ​​Crime Wing claimed that he had been blackmailed by PML-N supporters. Judge Malik also submitted a written statement with the FIA ​​received on July 14, 2019 about his meeting with former prime minister Sharif and others, also involved in immoral acts that were recognized several decades ago. Only July 16, 2019, said the judge approaching the FIA ​​for ‘criminal proceedings against Mian Tariq and senior PML-N leaders’. Then on July 17, 2019, the FIA ​​registered the FIR against the defendant, Mian Tariq and senior PML-N and IHC leaders on August 22, 2019 suspending the services of Malik who sought action against him.

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