Govt Makes Offer to Reappoint Deposed Judges

By Nivedita Saini

The government of Pakistan has got in touch with many deposed judges of the provincial high courts with a proposal to reinstate them. They would however, have to compromise with their pre-November seniority. This being a very contentious move, if enforced, would render a seniority loss to those judges of the provincial high courts who had refused to take oath under General Musharraf’s PCO on 03 November 2007. This out of the ordinary restoration formula, has however been turned down by almost all the ousted judges.

This attempt was a means of the government to gratify the judges who had been obedient and loyal and had taken oath under the PCO on Nov 3 and rebuke those who were not committed to the decisions imposed by the military dictator in violation to the country’s Constitution.

A secret high level meeting of some senior government functionaries and a few more VIPs was held in Punjab House, to finalise the strategy of reinstatement of about 60 suspended judges. The plan of action was initiated by the presidency. This meeting carried on through out the night, but the deposed judges could not be influenced to accept the atypical proposition.

The Charter of Democracy’s article 3(b), very noticeably states that no judge shall take oath under the PCO. The ironical part is that the PPP is a signatory to this document and if it goes ahead with its plan, it would be grossly violating the Constitution of the country.

Nonetheless, the PPP has been very cautious about the issue and has kept shifting its stance, notwithstanding the commitments it has made to the citizens of its country. It has at this point in time decided that it would keep the PCO judges and even those who were chosen in the post-Nov 3 situation and were not part of the Nov 2 judiciary. How tactful and diplomatic can politicians get?

Here we must not forget that it was the judges’ restoration issue that had forced the PML (N) to quit the cabinet after the PPP backtracked from the Murree Declaration. Moreover, the PML (N) had bargained to the extent of appointing the PCO judges of after Nov 3 as ad hoc judges.

The All Pakistan Lawyers’ Representative Conference has also resolved to start a “Long March” from one end of the country to the other, to pressurise the reinstatement of the deposed judges. This decision was taken by about 300 representatives of the lawyers from countrywide bars.

This march would start on June 10th. In conformity with its intention, the march has been named “Adlia Bahali Long March” which means ‘Restoration of Judiciary March’. Just in case the judiciary was restored before the commencement of the march, it would be turned into jubilation.

The former Chief Justice of Pakistan, Iftikhar Mohammed Chaudhry, addressed his supporters on this issue. Mr Chaudhry was sacked when Mr Musharraf imposed emergency rule in early November. He was of the opinion that the efforts being put in by the lawyers, in order to challenge dictatorship and open the doors to democracy would not go waste.

Every country goes through its defining moments and Pakistan is experiencing them now. If these opportunities are lost, then the state of affairs of the nation will never change.

The supremacy of the Constitution of any nation must always be withheld. An independent judiciary is inescapable for democracy and its existence almost always, goes a long way in paving the path for economic growth and social developments.