Wednesday, March 27, 2013

And the battle between the Judiciary and presidency continues

Today the Cairo Appeal has overturned President Morsi's decision to dismiss former prosecutor general Abdel Maguid Mahmoud in a new confrontation between judiciary and presidency or in other words judiciary and the Muslim brotherhood.
Now according to this court ruling Morsi's decision to appoint Talaat Abdullah as prosecutor general is cancelled. 
There is a lot of talk , legal talk now regarding the meaning of that court ruling and whether the presidency will appeal or not. Some legal expert I spoke with earlier today told me that Abdel Maguid Mahmoud should be reinstated accordingly even for 24 hours than to resign so the Supreme judiciary council would choose a new prosecutor general.
Other legal experts say that Abdel Maguid Mahmoud will not be reinstated but legally his term was over and so the Supreme judiciary council will choose from 3 candidates according to the constitution.Some say the ruling can be appealed while others believe it is not.
Former prosecutor general Abdel Maguid Mahmoud told Anadolu news agency that he was going to study the court ruling and its reasoning in order to see what he will do next.
The case was filed by two lawyers including loudmouthed bigger than life lawyer Mortada Mansour.

 The Muslim brotherhood and its members as well their supporters claim that this court ruling is unconstitutional because it violates article no. 236 that gives immunity to the results of the constitutional declarations by SCAF and Morsi.

The current prosecutor general is claiming the same thing.
The MB's judges for Egypt also say the same thing.
Ironically the Cairo appeal has another view according to its reasoning it issued shortly. The court believes that this is not a presidential decree but rather an administrative decision that can be appealed and cancelled.Also the court believes that Constitutional declaration is invalid because it was not put to public vote as it should according to the law.
There is a huge legal and judiciary dilemma here thanks to the fiasco created by President Morsi's legal adviser the amazing Fouad Gadallah !!

4 comments:

  1. Any impartial observer of events must concede one point. Of the two parties only one has revolutionary support. Like it or not those that elected the MB did not vote for the old regime and cannot have been accused of being part of the old regime. Like them or loathe them the Islamist current represented just enough of the population to have an absolute majority (albeit slim). They have revolutionary credentials even if they do not represent all revolutionaries. In forming a new government they have faced non-revolutionary forces dominating, the judiciary, the media, businesses etc. Those forces are using quasi legal manouvers to prevent change.

    It is almost comical that there is now an alliance between the smaller group of the revolutionaries who didnt win the elections and dont support the islamist trend, and the old regime supporters in the judiciary, media and big business. It makes the revolutionaries look like hypocrites.

    An impartial observer would surely concede the judiciary is corrupt and not amenable to real democratic change nor the media which represents a very narrow public support of mostly non-islamist trends (whilst the majority of the country clearly support an islamist trend).

    Blaming Morsi and the MB is just silly and divisive. Any real opposition should be paying more attention to removing the corrupt elements in the Judiciary, media, big business as they have no public endorsement. Then concentrate on the legal and democratic means to remove morsi and the MB through the democratic means which are now available. putting the cart before the horse just looks like hypocrisy.

    ReplyDelete
  2. Any impartial observer can tell that Morsi and the Ekhwan have nothing to with Islam. A belief system than condones sexually assaulting women in the streets just because they are not dressed in a certain way. I agree there is corruption in the media and the judicial system but it is primarily MB sanctioned corruption . Just look at the selective prosecutions of the Attorney General. You have to be blind not to see it not just partial. Not to mention shady plots with ex Military counsel and a questionable election that you brag about winning.

    ReplyDelete
    Replies
    1. MB sanctioned corruption in media and judiciary ? How come ? MB don't own most of the private media organizations. Certain "Liberal" tycoons do. MB didn't recruits most of the Judges and Police officials. Mubarak did.

      Delete
  3. Most of the private media organizations are not corrupt. Maspiro is. The most liberal private media , has the Ekhwan guests and point of view daily, check Lamees and Yousri or Mahmoud Saad. Maspiro deliberately is censoring guests who might represent an opposing point of view. This is our TV not the private TV of the Murshed. That is corruption.
    A President who interferes in an ongoing investigation and states the accused has already made a confession and makes the Attorney General interfere in the course of the investigation is corruption. A legal system that arrests and tortures citizens illegally, is corruption. and as you said they just started. Oh , boy! how far can they go in few years? I will leave that for your imagination.

    ReplyDelete

Thank You for your comment
Please keep it civilized here , I will not tolerate any insult in my blog or any racist or hateful comment
The Comments in this blog with exclusion of the blog's owner do not represent the views of the blog's owner