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Musharraf to resign if ex-CJ restored

:) intresting Pajee why you think he must resignes if restored and proved charges against him as false???

especially if he has until 2013 to s***w the country!
 
Deposed Chief Justice rejects govt's offer

Monitoring Desk

THE deposed Chief Justice Iftikhar Muhammad Chaudhry, according to a private TV channel, has been offered a deal by the government.
According to family sources, the deposed CJ was visited by a government representative and was offered a substantial sum and foreign resettlement, an offer that Chaudhry refused.
The offer might be viewed as a desperate establishment measure in the wake of the concurrence of the major political parties on the restoration of the pre-November 3 judiciary.

The Nation
 
No need for 2/3rds majority: ex-SC judges

By Usman Manzoor & Wajih Ahmed Sheikh

ISLAMABAD/LAHORE: Twenty-one former judges of the Supreme Court including five chief justices have endorsed the March 9, 2008, Bhurban accord and have held that no two-thirds majority of the parliament was required to restore the pre-Nov 3, 2007 judiciary.

According to a joint statement issued in Islamabad by eight former judges including three chief justices of the Supreme Court, the sacked judges could be restored through a parliamentary resolution, showing the will of the representatives of the people of Pakistan.

Another statement issued by the Supreme Court Bar Association, thirteen former judges of the Supreme Court including two chief justices also maintained that two-thirds majority of the parliament was not required to restore the judges.

These judges include former chief justices Justice Ajmal Mian, Justice Saeed-uz-Zaman Siddique and Justice Sajjad Ali Shah and other judges include Justice Fakharuddin G Ibrahim, Justice Deedar Hussain Shah, Justice Haroon Kazi, Justice Nasir Aslam Zahid and Justice Kamal Munawar.

The former judges of the apex court mentioned in their joint statement that the removal of judges which was admittedly unconstitutional being in defiance of Article 209 of the constitution could not be validated by the unilateral act of one individual through so-called introduction of Article 270 AAA and purported amendment to 270-C in the constitution could not be validated by the Supreme Court.

The judges maintained that any act of emergency and changes made in the constitution during the emergency rules needed indemnification of the parliament otherwise those stand effaced.

Accordingly, a two-thirds parliamentary majority is not required to restore deposed judges. A simple resolution in the National Assembly reflecting the intention of the people's representatives to deny affirmation to the purported amendments would provide more than sufficient backing for the executive to do the needful which is, in any event, obligated under article 5 and 190 of the Constitution to take immediate measures restoring all chief justices and judges removed on 3 November 2007 and issue necessary directions to concerned law enforcement agencies enabling the deposed judges to resume their judicial duties.

The judges maintained that in the presence of a de jure chief justice and judges no new appointments could be made against their posts. The judges also held that the amendments made by Gen Ziaul Haq in 1985 Gen Pervez Musharraf from 1999 to 2002 were provided indemnity by the parliament.

Meanwhile, according to an SCBA statement, former chief justices Nasim Hasan Shah and Justice Afzal Zullah said the order of the Supreme Court which declared illegal imposition of the November 3 emergency was valid. They said amendments by Gen Ziaul Haq were incorporated under the 8th Amendment through insertion of Article 270-A, and by Gen Pervez Musharraf (in 2002) under 17th Amendment through insertion of Article 270-AA in the Constitution. The Article 270-AAA, under which Pervez Musharraf himself added the steps taken under November 3 emergency rule, has not been adopted by the two-thirds majority in the parliament, hence it was not part of the constitution. "The power to make permanent the amendment in the constitution does not vest in the president or in any court, particularly in a bench appointed through an unconstitutional instrument and acting in defiance of the Supreme Court's order against November 3 emergency," they added.

The judges said the government should, under Article 5 and 190 of the constitution, take immediate executive measures, restoring all judges removed on November 3. They added the appointments of judges during the PCO regime were unconstitutional. Nevertheless, on humanitarian considerations, the cases of deserving meritorious appointees could be considered in accordance with the exercise carried out in Al-Jehad Trust case.

They said the judges' removal, which was admittedly unconstitutional, being in defiance of Article 209 of the Constitution, could not be validated by the unilateral act of an individual through the so-called introduction of Article 270-AAA nor the Supreme Court can validate such an act. No individual can make permanent changes in the supreme law adopted by the parliament which is representative of the people, they added.

They said upon restoration of the constitution, the power to make changes, as well as the effects thereof, stands effaced unless duly indemnified by the parliament. They added the amendments introduced in the constitution by General Ziaul Haq and General Pervez Musharraf in 1985 and 2002, became part of the constitution after the parliament approved them by a two-thirds majority.

The former judges of the Supreme Court include Justice Mohammad Arif, Justice Javaid Iqbal, Justice Fazal Karim, Justice Manzoor Hussain, Justice Zia Mahmood Mirza, Justice Tanvir Ahmad Khan, Justice Rafiq Tarar, Justice AS Salam, Justice Khalilur Rehman Khan, Justice MA Lone and Justice Raja Afrasiab. The judges of the Lahore High Court included Justice Sardar Mohammad Dogar, Justice Abdul Majeed Tiwana, Justice Sajjad Ahmad Sipra, Justice Akhtar Hussain and Justice Sharif Hussain Bokhari.

No need for 2/3rds majority: ex-SC judges
 
:) Sir i feel that somehow Chaudhry Iftikhar and others were made scap goats by many players including the politicians and the outside powers.
I feel sorry that as you said the issue was not taken for handling on logics and facts.

I wonder why on earth the lawyers did not take the right path despite being legal community that knows the rules and laws.

According to law the President can send references if forwarded by the Prime Misnister against the sitting chief justic. Thats what Musharraf did.

Now the only question which arised was that if all those charges true or wrong.

And to find answer to that the lawyers should have taken the case to court for hearing.

That is never done and the lawyers instead of taking the legal path for fighting the case resorted to politicising it at the behest of political parties.

Sister.
The problem in Pakistan is the low esteem that people have for rules and regulations. However I would point out that the reference against him was thrown out by the superior courts. He may have an ego problem , but he has a reputation of being honest and straight forward.Perhaps this was why he refused to compromise on the Presidency issue and incurred the wrath of the establishment. the other element was his insistence that all cases of disappearances should be investigated and if poeple were incarcerated they should either have cases booked against them or they should be released. this trod on the toes of many in the establishment again. the bottom line is the perception in theArmy that this "Kammi " is taking on us higher classes. This is what this boils down to.
araz
 
Actually Musharraf should have left honourably when his term expired. 8 years is a long time for any one to be in power, people itch for a change. Trouble is that human pyche doesnot want to let go of power. Margret Thatcher was forced out by her own party after 12 years in office and she led the Tories to 4 consecutive victories in the general elections!!

I do agree that musharraf is past his sell by date. My problem stems from the fact the new leaders are thieves of the highest order. People in Pakistan have such short memories. Even though already repeated nth time, let me remind the hon members.

1. CJ Iftihkar Chaudhry took oath uder the PCO in 1999. He also revalidated the 17th amendemt and didnot stop Musharraf from seeking re-election. Now he is champion of Justice and democracy.

2. Nawaz Sharif engineered attack on supreme court, engineered removal of Justice Shah as CJ. His 14th amendment is virtual autocracy. He failed to get thru 15th amnedmnet because of the Senate else he would have been Amirul Momineen for life. Let us not forget freezing of US dollar deposits, making his family the largest industrialists from a single foundry in 8 years and trying to gag the Jang group.

3. When it comes to bribery, Mr 10% takes the cake. Now thanks to the sad killing of Benazir, he will be the Prime Minister of Pakistan!!! and by pass the honest Amin Fahim.

Who knows how much all these bunch of thieves will loot Pakistan this time. You become a leader thru a mention in a questionable will and call yourself champion of democracy!! However, no denying the fact that this is the people's verdict.

I keep saying peoople get what they deserve, unfortunately my countrymen deserve what they are getting. Best of luck to my dear compatriots.
 
PPP stands for free judiciary, says Asif

By Amir Wasim

ISLAMABAD, March 15: PPP co-chairman Asif Ali Zardari reiterated on Saturday that his party is committed to the Murree Declaration that pledges to restore deposed judges and make judiciary independent.

Mr Zardari was talking to a 70-member delegation of the People’s Lawyers Forum (PLF) which met him at the Zardari House here on Saturday.

According to a party handout, Mr Zardari said the PPP stood for making the parliament supreme and it would not allow any other institution to undermine the parliament’s sovereignty.

He said the party would provide justice to all, including the deposed judges and judiciary which had long been neglected in the past.

The PPP co-chairman said he himself had been a victim of a ‘pliant judiciary’ held hostage by the Executive. He said no other party or pressure group had rendered greater sacrifices for the independence of judiciary than workers and leaders of the PPP.

“No one, therefore, has the right to make tall claims on this issue,” he said.

Mr Zardari said that scores of PPP workers had lost lives, some of them had their legs amputated and crippled for life while fighting for the cause of judiciary.

“How can some individual or groups claim to lead the fight for the independence of judiciary than the PPP,” he asked.

Mr Zardari said that conspirators had not stopped hatching new conspiracies against the party and they had indeed stepped up their plots.

Meanwhile, a PPP spokesman said that the party would name a new prime minister next week, according to news agencies.A decision was imminent, Mr Farhatullah Babar said, adding: “Our party will come up with a name next week.”

On Saturday, a senior PPP leader, Amin Fahim called himself a ‘strong candidate’ for the premiership and said he was puzzled by the PPP’s delay in naming him.

“What I have done wrong to my party?” he told a private news channel.

The PPP’s delay in naming Mr Fahim or another candidate has fuelled speculations that Mr Zardari wants the job for himself.

Mr Fahim has said he will support Mr Zardari if he opted to become the prime minister himself.

Mr Fahim will meet PML-N chief Nawaz Sharif on Sunday.

During the meeting, matters relating to forming the new government would come under discussion, party sources said.

The meeting would help remove uncertainty and misunderstanding created by PML-N leader Khawaja Asif’s statement about Mr Fahim’s contacts with President Pervez Musharraf, the sources said.

They said that the PPP leader would convince Mr Shairf to support him as a candidate for the premiership. The place of the meeting has not been decided.

PPP stands for free judiciary, says Asif -DAWN - Top Stories; March 16, 2008
 
Ex-judges say NA resolution enough for reinstatement

KARACHI, March 15: Eight former judges of the Supreme Court, three chief justices among them, have affirmed that the removal of judges under the emergency decree on Nov 3 was unconstitutional and that a resolution in the National Assembly would be “more than sufficient” for their reinstatement.

“The removal of judges, which was admittedly unconstitutional being in defiance of Article 209 of the Constitution, could not be validated by the unilateral act of one individual through the so-called introduction of Article 270-AAA and purported amendments to 270-C in the Constitution nor could it be validated by the Supreme Court,” the former judges said in a joint statement released on Saturday.

“Since Article 270-AAA and 270-C (2) have not been adopted by two-thirds majority of the parliament, they are not part of the Constitution.

“The power to make permanent amendment in the Constitution does not vest in the president. Nor can any court confer such a power, particularly a bench appointed through an unconstitutional instrument and acting in defiance of order dated Nov 3 passed by the Supreme Court established under the Constitution,” the statement went on to say.

The statement was signed by Justice Ajmal Mian, Justice Sajjad Ali Shah and Justice Saiduzzaman Siddiqui, former chief justices of Pakistan, Justice Fakhruddin G. Ebrahim, Justice Deedar Hussain Shah, Justice Mamoon Qazi, Justice Nasir Aslam Zahid and Justice Kamal Mansour Alam.

The former judges said no “principle of state necessity” allowed an individual to “make permanent changes in the supreme law”.

“Even if an individualised power to amend were to be conceded, such power can only be available during the period of deviation/emergency and, upon restoration of the Constitution, the power to make changes as well as the effects thereof stand completely effaced unless duly indemnified by the Parliament.”

The statement recalled that the amendments introduced in the Constitution by Gen Ziaul Haq in 1985 and by Gen Pervez Musharraf in 2002 had become part of the Constitution only after they were adopted by a two-thirds majority through the 8th Amendment Act of 1985 and through the 17th Amendment Act of 2003.

“Accordingly, a two-third parliamentary majority is not required to restore deposed judges.

“A simple resolution in the National Assembly reflecting the intention of the people’s representatives to deny affirmation to the purported amendments would provide more than sufficient backing for the executive to do the needful which is, in any event, obligated under articles 5 and 190 of the Constitution to take immediate measures restoring all Chief Justices and judges removed on Nov 3 (save those having reached the age of superannuation) and issue necessary directions to concerned law enforcement agencies enabling the deposed judges to resume their judicial duties.”

About the judges appointed during the emergency and since, the statement said the “removals being unconstitutional, no new appointments of chief justices or judges could be made against existent or non-existent vacancies, particularly without consulting the de jure Chief Justice”.

“Nevertheless, on humanitarian considerations the cases of deserving meritorious appointees could be considered for fresh appointment in accordance with the exercise carried out in Al Jehad Trust case,” the statement said.

Ex-judges say NA resolution enough for reinstatement -DAWN - Top Stories; March 16, 2008
 
Resolution on restoration of judiciary before US Congress

WASHINGTON (By Sami Ibrahim): Senator William Delahund and Senator Zoe Lofgren have presented a resolution regarding restoration of judiciary in Pakistan in the US Congress, the sources said.

The US senators, in the resolution No-HR-1044, have strongly criticised President Pervez Musharraf for deposing the judges and lauded PPP Co-Chairman Asif Ali Zardari and PML-N Quaid for taking efforts to restore the judiciary.

The US senators have demanded of the Pakistan government to immediate reinstate the deposed judges.

Resolution on restoration of judiciary before US Congress
 
‘Presidency readying bill to restore judges’

* Aitzaz warns bill intended to exclude Iftikhar Chaudhry

LAHORE: Aitzaz Ahsan, the president of the Supreme Court Bar Association (SCBA), has claimed that the presidency has prepared a draft of a constitutional amendment bill for the restoration of sacked judges, Dawn News reported on Thursday. The channel quoted Aitzaz as saying that Malik Qayyum, the advocate general for Pakistan, had prepared the draft bill. Aitzaz told the channel that he had some reservations over the draft bill because it was intended to exclude former chief justice (CJ) Iftikhar Muhammad Chaudhry. According to the channel, Aitzaz alleged that bill was a part of an earlier reported ‘minus one formula’ and that it was the latest attempt by President Pervez Musharraf to avoid the reinstatement of Justice Iftikhar. According to reports, the proposed ‘minus one formula’ consisted of the restoration of all sacked judges except the former CJ. He further alleged that the presidency was hatching conspiracies to restore some of the sacked judges and then make some of them non-functional at a later stage. Quoting his own sources, Aitzaz told the channel that according to the draft bill all judges would be removed and a parliamentary committee would restore them one by one. He said that the lawyers wanted a complete reinstatement of the pre-November 3 judiciary, and that they hoped that parliament would not agree to the proposed amendment to the Constitution.

daily times monitor
 

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