Legality of Resolution for restoring Judges

[Reza_Pahlavi]

Re: Legality of Resolution for restoring Judges

@Sa1eem

I am really surprised that how many politicians, many lawyers (even past judges) and many journalists are doing contempt of court and still getting away with it?

Very good and accurate analysis. If the Nov 3rd actions are all illegal, and they can all be overturned by a simple resolution or Executive order, then that would have happened in the last two months - since the Muree declaration was signed. For example the PPP-led government has actually tabled a Parliamentary Legislation bill to undo the post 3rd November PEMRA ordinace - which in effect means they recognise it’s legal validity in the first place, and that they cannot be overturned by simple resolutions/executive order Here are some links explaining that:-

These sources argued if the amendments introduced in the Pemra Ordinance, following the unlawful and unconstitutional move of November 3, 2007 by President Pervez Musharraf in his capacity as Chief of Army Staff, required legislation for undoing them, how the removal of the judges could be done through an executive order. Some of the legal experts said that by tabling a bill for revoking the amendments made in Pemra the government had set a precedent and for restoration of the judges a proper legislation would be required and the matter could not be settled through a simple executive order by the Premier.

http://www.nation.com.pk/daily/Apr-2008/14/index6.php

The tabling of the PEMRA (Amendment) Bill has also given rise to a new controversy. The opinion has been expressed that by taking legislative measures to undo an emergency that the coalition partners do not recognize as legitimate, the situation is being complicated with regard to undoing other provisions of the emergency. The most crucial among these of course is the restoration of judges.

http://thenews.jang.com.pk/daily_detail.asp?id=106643