ISLAMABAD: The Pakistan People’s Party is all set to formally break the Islamabad Accord signed on August 7 and yet another promise its chief Asif Zardari made before the nation to restore the deposed judges in accordance with the Murree Declaration by reappointing 16 deposed judges and administering them fresh oath, credible sources told media.
After the breaking of the historic political PPP-PML-N alliance, the Naek Camp in the PPP is ready to reappoint 16 deposed judges in clear violation of the Murree and Islamabad declarations which according to majority of deposed judges is humiliation for the honourable judges who refused to bow before dictatorship on Nov 3 last and had set an unprecedented example in history.
According latest developments, PPP chief Asif Zardari through federal Law Minister Farooq H Naek has managed to get issued a recommendation letter from the governor Punjab and present Chief Justice Lahore High Court (LHC) for the reappointment of eight LHC deposed judges, sources said. It is learnt that the said letter has reached the office of Acting President Muhammadmian Soomro.
Sources told media that notification of reappointment of eight SHC judges issued on August 6 by Naek in connivance with former President Pervez Musharraf, which was held in abeyance on the same day by Prime Minister Syed Yousuf Raza Gilani on severe resistance of the PML-N, will be reissued today (Tuesday).
Sources also said that notification for the reappointment and fresh oath of LHC judges is also expected to be issued in two days. It is also learnt that these 16 deposed judges of high courts will take oath immediately after issuance of the two notifications.
The deposed judges of SHC who have accepted reappointment and will take fresh oath include Justice Anwar Zaheer Jamali (who had been named as chief justice of SHC), Justice Khilji Arif Hussain, Justice Amir Hani Muslim, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Ahmed Khan Sherwani, Justice Salman Ansari and Justice Abdul Rasheed Kalwar.
Sources told media the federal law secretary and federal Law Minister Farooq H Naek, despite their intense efforts, are so far unsuccessful in getting any deposed judge of Peshawar High Court (PHC) or Supreme Court on board for accepting re-appointment and taking a fresh oath. All the PHC and SC judges say accepting reappointment and taking a fresh oath would tantamount to accepting the Nov 3 unconstitutional steps of Pervez Musharraf as constitutional and legal. In Karachi, governor Sindh will administer oath of office to new Chief Justice Anwar Jamali who would administer oath to the rest seven deposed judges.
According to sources deposed SHC Chief Justice Sabihuddin Ahmad, deposed PHC Chief Justice Tariq Pervaiz and senior most judge of LHC Justice Khawaja Sharif have categorically rejected the repeated offers of Naek Camp to accept reappointment and to take fresh oath.
“Majority of deposed judges are not ready to accept reappointment or to take fresh oath. It is against the promises made by the ruling coalition especially Asif Zardari with the nation. It will be a humiliation of these judges and in future no judge will show courage to show defiance to dictators. It is so much unfortunate and depressing for the nation that jobs of the judges who bowed before a dictator on Nov 3 are safe while those who showed defiance are being humiliated even after ten months,” senior lawyer’s leader Athar Minallah told media.
Sources confirmed to media that in accordance with a deal PPP leader Asif Zardari has to fulfil a deal he brokered with some foreigners regarding Musharraf and has to give him indemnity from his Nov 3 unconstitutional steps of sacking the judges in any case. “So he will reappoint only those deposed judges who will be ready to take oath of loyalty for him (Zardari),” the sources maintained.
A senior lawyer’s leader termed any fresh oath to deposed judges as ‘oath under Zardari-PCO’. Supreme Court Bar Association (SCBA) President Aitzaz Ahsan told media that any judge who will accept reappointment and will take a fresh oath will be considered a PCO-judge. He said that such an act will disappoint people and lawyers across the country.
ISLAMABAD - Eight deposed judges of Sindh High Court have taken fresh oath to return to the bench. More from Lahore are likely to follow. With one stroke, the PPP-led government has succeeded where Gen (r) Musharraf had largely failed. A deep rupture has been caused in the lawyers’ movement. The judges and lawyers stand vertically divided and it comes on the eve of another phase of this movement with the planned countrywide sit-ins set for today.
The irony of it all is that judges have been ‘reappointed’ under a presidential decree signed by (guess who?) - Gen (r) Pervez Musharraf!! That was his parting kick to the lawyers’ movement and his nemesis Justice Iftikhar Chaudhry. He did this so happily ((in complicity with the PPP) because it meant putting his stamp of reaffirmation on his November 3 emergency and the PCO under which he had sacked 60 judges. The legal fraternity, civil society and political parties have always termed them as unconstitutional and even the General himself concurred.
The Sindh High Court has a new chief justice, Anwar Zahir Jamali. Ex-CJ Sabihuddin Ahmed had found an honourable course of resigning midway in disgust instead of being reviled day in and day out by PPP and its new found-love MQM as representing the judiciary that too had taken oath under the PCO and did not provide justice to Asif or the PPP activists. Other ex-chief justices including CJ Iftikhar Chaudhry would meet the same fate.
Law Minister Farooq Naek who, together with the likes of Khosas, Babar Awans and Pirzadas, had successfully blocked their restoration for six months, says present chief justices including Abdul Hameed Dogar are legitimate heads of their respective courts. Firstly they have also taken oath under the constitution. Secondly, the Justice Dogar heading the Supreme Court had ruled that his and other judges’ elevation under the PCO was constitutional in keeping with the doctrine of necessity.
“There could be only one chief justice. If Iftikhar Chaudhry is reinstalled, it will create a constitutional crisis,” says Naek.
Attorney-General Latif Khosa has candidly admitted (what is a universal perception) that Zardari does not want Justice Chaudhry back. For six months, it was Zardari and not the military dictator who stood between the restoration of judges ignoring immense public pressure. What the General could not have survived, Mr. Zardari was able to absorb successfully because, first; he had a popular party behind him and second, the democratic forces leading the judges’ movement did not want to be seen as destabilizing the new nascent and fragile democratic order.
Zardari had once said he would restore judges but would choose his own timing and method. It was a commitment neither written nor signed.
Yet, this time, he has kept his word. The process of return of judges has been launched, a la Zardari’s way. It is believed that on the day of inauguration as President, Zardari will ‘invite’ all the deposed judges to accept re-employment and take fresh oath with added attraction that their seniority would be retained.
While Zardari would administer oath if Justice Iftikhar accepts the offer and if (it is a big if) he is also invited, other judges would present themselves before Hameed Dogar to restate their allegiance. Those who do not accept the fait accompli or renounce their previous stance that they are still constitutional judges who have only been rendered dysfunctional, would automatically be weeded out. The government would have scored the point that Zardari has fulfilled his promise on restoration of judges while at the same the judiciary would be purged of the undesirable. A judiciary overwhelmingly packed with PCO judges, outnumbering the few deposed ones and led by Abdul Hameed Dogar, would be as plaint to President Asif Zardari as it was to General Musharraf whose every unconstitutional acts it had validated under the doctrine of necessity.
This is a civilian PCO. After all, dictators like Gen Ziaul Haq and Gen. Musharraf had done the same by promulgating the Provisional Constitutional Order when they wanted to purge the judiciary of independent and honest lot. They decreed them to take fresh oath of allegiance to them. Those who were not invited or did not accept the new system were shunted out.
My salute to you guys for keeping this issue alive in discussion. Personally, there is a huge "fatigue factor" on reinstatement of judges issue, AFAIAC.
More over, the political climate in Pakistan has changed completely since Nov 2007.
Mushy is no longer the President.
Elections were held and were reasonably fair.
A new democratic government is in power.
Constitution is in place.
Seems like judges are being restored too.
I can't get too excited about why these judges should or should not be asked to take an oath again. I am sure there is some egotistical point there or a deep philosophical or constitutional point that is making people jump up and down on this issue. As far as I see, judges are getting back to work, and they should now focus on providing justice to the people. Enough time is spent/wasted on protesting and yapping about this issue. Get back to work, guys!!
And please, someone remind the government that they are supposed to solve people's problems. 40% increase in power costs is a bad omen.
Just saw a live telecast/news Bulletin on Dawn News
The Lawyer Movement is carrying out a Rally ...... shouting Zardari is an illegal President as took oath from an illegal SC Judge ...... still demanding deposed CJ I M Choudhry to be restored
If judges are coming back then what is the problem? Aam khaoo guthiliaan na ginoo :)
The movement for restoration of judges illegally deposed by an illegal dictator was not for the restoration of jobs and as Mostar bhai calls it the restoration of daal roti...it was about the principles and rule of law...
If the objective of this movement was the naukri of these judges, the movement would have collected chandaas for daal roti of these judges and problem would have been solved very easily....
Are you implying that one of the rare movements in the history of Pakistan based on principles and moral high ground shouldn't have been there....and it is somebody's personal problem....It's not important if judges are coming back or not, the most important thing is to declare the November 3rd act as illegal as it was a illegal strike on judges to stop them from carrying out their duty to do justice....if we accept such an action to be right and legal how will you guarantee this will not happen again....will any judge in future dare to stand in front of the executive who has the power, no matter what kind if immoral and illegal act does he commit...
Looking at your post and some other posts I fail to understand why we the people of Pakistan are ashamed something which we all supported because it was based on moral high grounds and principles....although was a rare occassion in the history of our country....do we want to prove we don't believe in principles and morality....I think you should rethink your stance!!!!
The movement for restoration of judges illegally deposed by an illegal dictator was not for the restoration of jobs and as Mostar bhai calls it the restoration of daal roti...it was about the principles and rule of law...
If the objective of this movement was the naukri of these judges, the movement would have collected chandaas for daal roti of these judges and problem would have been solved very easily....
Are you implying that one of the rare movements in the history of Pakistan based on principles and moral high ground shouldn't have been there....and it is somebody's personal problem....It's not important if judges are coming back or not, the most important thing is to declare the November 3rd act as illegal as it was a illegal strike on judges to stop them from carrying out their duty to do justice....if we accept such an action to be right and legal how will you guarantee this will not happen again....will any judge in future dare to stand in front of the executive who has the power, no matter what kind if immoral and illegal act does he commit...
Looking at your post and some other posts I fail to understand why we the people of Pakistan are ashamed something which we all supported because it was based on moral high grounds and principles....although was a rare occassion in the history of our country....do we want to prove we don't believe in principles and morality....I think you should rethink your stance!!!!
Looks like you are out of sync with what CJ's spokesman and other lawyers are saying. They say it was the first time in Pakistan's history that THESE JUDGES were giving INSAAAF to Pakistani AWAM. All the stress is on THESE JUDGES. If these judges are SO GOOD, we all should be happy that they are back in business and can provide INSAAF to the poor people of Pakistan.
If we go by your logic that its about PRINCIPLES then Iftekhar Chaudhry ka restore hona banta nahi hai. He and some of the other deposed took oath on PCO before. In PRINCIPLE there should be no PCO judges in the SC including Iftekhar Chaudhry and Dogar.
Basic ideology of the adl-o-insaaf is that if you have done something wrong, you gotta get punishment for that. Srif ZAMEER k jagney sai koi punishment sai bach nahi jata as Ather Minullah (and other lawyers say) k "Iftekhar chaudhry nai PCO per half uthaya tu kia howa phir eik AAMIR (dictator) k samney khara bhee tu howa is say uss k sarey guhan maag ho gaeey" ....this dialog looks good in Indian movie but pretty lame logic to start with.
Looks like you are out of sync with what CJ's spokesman and other lawyers are saying. They say it was the first time in Pakistan's history that THESE JUDGES were giving INSAAAF to Pakistani AWAM. All the stress is on THESE JUDGES. If these judges are SO GOOD, we all should be happy that they are back in business and can provide INSAAF to the poor people of Pakistan.
If we go by your logic that its about PRINCIPLES then Iftekhar Chaudhry ka restore hona banta nahi hai. He and some of the other deposed took oath on PCO before. In PRINCIPLE there should be no PCO judges in the SC including Iftekhar Chaudhry and Dogar.
Basic ideology of the adl-o-insaaf is that if you have done something wrong, you gotta get punishment for that. Srif ZAMEER k jagney sai koi punishment sai bach nahi jata as Ather Minullah (and other lawyers say) k "Iftekhar chaudhry nai PCO per half uthaya tu kia howa phir eik AAMIR (dictator) k samney khara bhee tu howa is say uss k sarey guhan maag ho gaeey" ....this dialog looks good in Indian movie but pretty lame logic to start with.
Decent, firstly welcome back. Musharraf is gone, and the guy who was responsible for his ouster is none other than the great undisputed Chief Justice of Pakistan, Chaudhry Iftikhar. Even if hes not restored, he will live in people's hearts, as the hero who toppled a 9 year old dictatorship. What happened to the CJ was just wrong, and it opened the eyes of many, including myself. I dont care what they take an oath on, but we need the same CJ for Zardari, who had the balls to challenge Musharraf, be it the kindapping of Pakistanis and selling them abroad, or illegally acquired farmhouse cases.
ISLAMABAD: President Supreme Court Bar Association Chaudhry Atizaz Ahsan said that those judges who took fresh oath admitted that their dismissal by Pervez Musharraf on November 3 was fair.
Addressing a press briefing here, Atizaz said that he was not expecting that these judges would take the oath again and re-appointment of judges is like acknowledging Musharraf’s measures.
He said that if government is approaching deposed judges today, that is also happened because of lawyers movement and Murree declaration was also a success of the movement.
Atizaz thanked the lawyers, civil society, students and masses for supporting lawyers movements.
Spock bhaijan. Are you saying that you don’t mind the fact that the EX CJ Iftikhar Chaudhary took an Oath on former President Great Pervez Musharaf’s PCO.
The movement for restoration of judges illegally deposed by an illegal dictator was not for the restoration of jobs and as Mostar bhai calls it the restoration of daal roti...it was about the principles and rule of law...
Etc
Etc
Etc
I agree with your point about illegal dictator, illegal disposition of judges on Nov 3rd, lawyer movement and the whole shebang. However, in my view, the whole issue was to make sure that our judiciary remains independent (whether it was ever independent or not is a whole different discussion). That the judges should be able to impart impartial justice to the people. That executive branch (President/CMLA etc) should not be permitted to fire judges like this as that way judges will be afraid to carry out their responsibility as an independent judge.
So now are we saying that these judges who are being restored and asked to take the oath of office again, that they will again sit on their chair of judges, but because they have to take an oath of office again, they will no longer be independent again? That they will somehow be forced to be less independent?
Whats in this oath anyway? Are the wording of this oath somehow make them less impartial?
I can see the whole point about not making it appear that Nov 3rd action was legal (it was most definitely not), but now that these principled judges are back in their positions as SC/HC judges (regardless of methodology), why aren't they considered independent any more?
With due respect to your point of view I do not understand your logic behind your argument…firstly instead of defending your point of view on why you want November 3rd actions to be given legal status you are simply accusing Iftikhar Chaudry as a PCO judge ( as he took PCO oath in 2000) as why he should not be restored…these points are totally separate and I request you not to mix them…if you want to defend November 3rd coup against the judiciary to stop them from doing justice against illegalities of a certain individual against the constitution of Pakistan you should do it seperately…without mixing it with PCO of 2000…and if you want to discuss 2000 PCO let’s do it seperately…
Iftikhar Chaudry’s PCO oath of 2000 was endorsed by the susequent parliament thanks to MMA…so legally speaking that was validated and nobody can question it now as parliament is soverign and has the power to do it…on moral grounds this act of parliament can be debated and I do agree with you that then parliament did an immoral thing…so your argument that Iftikahar Chaudry should not be reinstated because he took PCO oath in 2000 does not hold ground on principles…morally both the actions Iftikhar Chaudry and then parliament were wrong… but legally they were validated…by then parliament…hence legally and morally can not be questioned now for the act of reinstatement…for drawing room discussion can be argued strongly…
November 3rd actions are unique in a sense that they are not validated by the present parliament…so the judges desposed from these November 3rd actions are legally never desposed…they are just restrained by executive authority to carry out their duties to give justice to the people…
Judges legally can be sacked from their jobs by:
A) Retirement: When they reach their retirement age.
B) Misconduct : By following the procedures laid down by article 209 of the constitution.
C) Resignation: If a certain judge decides to resign from his job due any reason whatsoever.
There is no other way of sacking a judge by any executive/parliament/individual.
I do not care if lawyer representatives are using words these judges…for me all the judges are respectable including justice Dogar…unless a misconduct is established against anyone of them according to procedure defined by article 209 of the constitution…
Taking fresh oath by selective judges according to the choice of the executive authority means:
a) Illegally validating the actions of November 3rd by the executive without going through the parliament which is right forum to validate the same…by admitting that deposed judges are actually sacked due to these November 3rd action…as a serving judge ( who is not sacked) does not require to take fresh oath…
b) By picking and choosing the judges for fresh oath means executive is trying to illegally compromise the independence of the judiciary…
c) Illegally appointing new judges of executive’s choice…as only new judge takes fresh oath…
As PCO judges fight for seniority, As PCO judges fight for seniority,
Friday, September 12, 2008
xBy Muhammad Ahmad Noorani
ISLAMABAD: Many of the deposed judges, who were thinking of coming back to the Supreme Court and provincial high Courts, are now having second thoughts as it transpired that none of them would receive the seniority which had been promised to them by Law Minister Farooq H Naek under his formula.
With the infighting between the PCO judges and those who had broken ranks with deposed chief justice Iftikhar Mohammed Chaudhry coming out in the open, it was learnt on Thursday that many deposed judges, who were almost on the verge of taking fresh oaths, had refused to do so.
In one manifestation of this infighting, Justice Saeed Ashad, fourth in seniority in the present set-up, refused to hand over his chamber and driver to the newly appointed Justice Shakirullah Jan, who would take the fourth position if his old seniority was restored.
The cat was let out of the bag by former attorney-general Malik Qayyum, who met Chief Justice Abdul Hameed Dogar on Tuesday, when he confirmed to The News that the recommendation given by Justice Dogar for reappointment of the deposed judges did not include any recommendation to give them their old seniority.
A senior official explained that the chief justice had given the recommendation for fresh appointments of the deposed judges but had not allowed the law ministry to give these reappointed judges their original seniority over the already serving judges.
The official said the chief justice has his own reservations regarding seniority of the deposed judges, who come back. The official said the notification of reappointment of these deposed judges was issued in a way that it could be scrapped easily if challenged in any court at any point of time to ensure maximum humiliation of the deposed judges entrapped by Naek.
Sources in the PPP say Naek’s formula has the full backing of the president.A senior law ministry official termed the new situation faced by the Supreme Court over the ‘reappointed’ deposed judges, “the success of Farooq Naek formula rather than its failure”.
The official said in fact the Naek formula was designed to humiliate the deposed judges, both in the eyes of the nation and then to get them humiliated at the hands of the PCO judges.The official said the law minister first managed to convince the deposed judges to accept reappointment and take a fresh oath by making them different offers and hurling threats.
The official revealed Naek’s moves in the judiciary crisis, from the very beginning, was designed in a way that Nov 3 acts could not be reversed and that when indemnity was to be given to these acts there would be no problem.
The official said now it had become clear from Naek’s divergent observations at different points in different meetings that he was working on the draft to indemnify Musharraf’s Nov 3 acts.
The official said Naek’s novel strategy to reappoint deposed judges was designed to achieve two basic objectives: one to get rid of deposed chief justice Iftikhar Muhammad Chaudhry and his upright colleagues and, secondly, to ensure that there should be no problem when the PPP government moves ahead to indemnify former dictator Pervez Musharraf’s Nov 3 unconstitutional steps.
The senior official also revealed that besides a blatant violation of the seniority clause, reappointment of some of the deposed high courts’ and Supreme Court judges was made in clear violation of the article 177 and article 193 (1).
The official said in accordance with the aforesaid clauses, the recommendation of Chief Justice Abdul Hameed Dogar was taken but it was misused. On the other hand, controversy of seniority touched its peak on Thursday as officials concerned deleted all the names of the Supreme Court judges from the official website of the apex court (Supreme Court of Pakistan). The names of all the judges serving in the Supreme Court are always given seniority-wise.
The Web site link “Judges” today displays the name of Chief Justice Abdul Hameed Dogar only. PRO of the Supreme Court Shahid Hussain Kamboyo told this correspondent that the Web site was attacked by some virus so some names were not being displayed. He did not disclose the name of the virus which has attacked the Supreme Court.
Sources close to some of the PCO judges in the Supreme Court confided to The News on Thursday that none of the PCO judges were ready to compromise their seniority which they got after Nov 3 imposition of the emergency.
They revealed these PCO judges were claiming that the Nov 3 seniority had full backing of their chief justice. The judges on Thursday showed complete solidarity to fight for their right of seniority and not to accept the seniority of newly appointed deposed judges.
Former attorney-general Malik Qayyum, when approached by The News, said the pre-Nov 3 seniority could only be sustained if the judges would have been restored.** He said as the judges are not being restored and are reappointed, so in no way they could have seniority on the already serving judges.**
He said besides Article 256 of the Constitution, it is a well established practice around the world that seniority is counted from the day of appointment of the office-holders, especially in the case where the office-holders are required to take the oath of their office.
Qayyum said the issue will become more complicated as time passes. He said if the reappointed judges are not given their old seniority then Justice Faqir Muhammad Khokhar will be the righteous chief justice of Pakistan on the retirement of the present Chief Justice Abdul Hameed Dogar.
Senior lawyer of the deposed Chief Justice Iftikhar Muhammad Chaudhry told The News from Lahore that the judges of the superior judiciary sacked by Pervez Musharraf on Nov 3 could only be restored by a rightful executive order against the illegal and unconstitutional executive order of the then-Chief of Army Staff (COAS).
He endorsed the view that if the deposed judges are not restored and are reappointed then the seniority claim of the PCO judges is 100 per cent correct.“In no way and under no clause of the Constitution, the reappointed judges could be given seniority against those already serving,” Athar maintained.
I don't think Nov 3rd actions were legal or constitutional. I don't think any one thinks they were, including Mushy.
However, I thought, perhaps mistakenly, that the whole point was to bring these judges back as they are principled people who will impart justice and will be independent.
After coming back as a judge, and now that they have taken a fresh oath of office, are they no longer independent or will not impart justice?
Its a simple question, and requires, hopefully, a simple answer (and not a long copy-paste).
Thanks!
ps. By the way, Geo TV was reporting all these blips yesterday how the restored judges are being shabbily treated and not given proper seniority, and I think that was all unneeded, distasteful, petty and unprofessional.
