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!
Sorry for the long post...I tried to be as brief as possible and highlighted the copy/paste article with bold fonts so that you can read only the relevant portion...however as it is necessary to understand the legal issue involved it was necessary to give a little detailed explaination...
As for your question....how can the judges who have taken a sommersault from their original position....and negotiated their reappointment with the executive authority be independent and principled....they owe their reappointment to these compromised negotiations....they will always be obliged to executive who selected them for reappointment...
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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.
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This is exactly what I have tried to highlight from the article...The judges are not being restored....they are selectively being reappointed as a result of a compromised negotiation with the executive....
They can be reappointed if we agree that they were sacked in the first place means 3rd November action was legal....but there is no way there seniority can be restored according to article 256 of the constitution....they are actually being cheated by Farooq Naek who has assured them their seniority will be restored....once challenged in Dogar court it will be easily brushed aside and their seniority will be taken from the date of reappointment....
Faisal the whole point is that you and I can not do anything in this matter....however we can support principles and say black is black and white is white...atleast....!!!!
As far as Dogar/PCO judges/reappointed judges are concerned....there will be a very strong case against them for misconduct....as they are abrogating Pakistan constitution and are showing their loyalty to the executive instead of constitution....on which they originally took oath....and will also face charges according to article 6 for conspiring against the constitution....once independent judiciary is reinstated....