DC bhaijan/Faisal Bhaijan…
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,
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.