I believe Yazdi bhaijan has hit the nail on the head, with regards to wording of the statement. Let's see what happens.
This appears to be a great cunning move by the Great Zardari, President of Pakistan, in putting Nawaz Sharif on the spot.
Nawaz Sharif signed the Charter of Democracy (CoD) in 2006 when he did not view the PCO EX-CJ Iftikhar Chaudhury as hero, but rather a loyal servant of former President, Great Pervez Musharraf, greatest Pakistani leader since Quaid-e-Azam. That's why he wanted CoD to lay great stress on excluding any judges who had ever taken a PCO oath, curtailing the powers of a CJ and devising a new easier mechanism to remove judges. What will poor Nawaz Sharif do now if Ch.Iftikhar cannot be restored because of the CoD he signed?
CoD states:
3. (a) The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of [sic] the following: *
*i. The chairman shall be a chief justice, who has **never previously taken oath under the PCO.**
ii. The members of the commission shall be the chief justices of the provincial high courts **who have not taken oath under the PCO, failing which the senior most judge of that high court who has not taken oath shall be the member
iii. Vice-Chairmen of Pakistan and Vice-Chairmen of Provincial Bar Association with respect to the appointment of judges to their concerned province; **iv. President of Supreme Court Bar Association; **v. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar, and Quetta with respect to the appointment of judges to their concerned province; **vi. Federal Minister for Law and Justice; **vii. Attorney General of Pakistan
(a-i) The commission shall forward a panel of three names for each vacancy to the prime minister, who shall forward one name for confirmation to joint parliamentary committee for confirmation of the nomination through a transparent public hearing process.
(a-ii) The joint parliamentary committee shall comprise of [sic] 50 per cent members from the treasury benches and the remaining 50 per cent from opposition parties based on their strength in the parliament nominated by respective parliamentary leaders.
(b) **No judge shall take oath under any Provisional Constitutional Order* or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973.*
(c) **Administrative mechanism will be instituted for the prevention of misconduct, implementation of code of ethics, and removal of judges on such charges brought to its attention by any citizen through the proposed commission for appointment of Judges. **
(d) All special courts including anti-terrorism and accountability courts shall be abolished and such cases be tried in ordinary courts.* Further to create a set of rules and procedures whereby, the arbitrary powers of the chief justices over the assignment of cases to various judges and the transfer of judges to various benches such powers shall be exercised by the Chief Justice and two senior most judges sitting together.***
*4. A Federal Constitutional Court will be set up to resolve constitutional issues, giving equal representation to each of the federating units, whose members may be judges or persons qualified to be judges of the Supreme Court, constituted for a six-year period. The Supreme and High Courts will hear regular civil and criminal cases. The appointment of judges shall be made in the same manner as for judges of higher judiciary.
*
