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WEEKLY
SECTIONS |
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| Government’s bid to divide deposed judges fails |
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Sunday, May 18, 2008
ISLAMABAD: The government has failed to woo any of the deposed judges of the Supreme Court or the provincial high courts to take fresh oath on reappointment, a move that was reportedly initiated to cause a dent in the ongoing judicial movement.
Credible sources told The News that the most attractive offer was made to the deposed Chief Justice of the Sindh High Court Justice Sabihuddin Ahmad but the respected judge remained unwavering. The deposed Chief Justice of the NWFP, Tariq Pervaiz, was also contacted but to no avail.
These sources said that a frustrated effort was made in Karachi, Lahore, and Peshawar and even in Islamabad to persuade the deposed judges to re-join their lost positions by taking a fresh oath. A federal minister, a federal secretary and some PCO judges were actively involved in this effort.
However, the sources, who are in contact with all the deposed judges, revealed that none of the judges agreed to the solution proposed on the behalf of the government.
A deposed judge of the Supreme Court, while rejecting the offer outright, said with contempt: "We are constitutional judges and not Wapda employees who would accept such reappointment."
A source quoted the SC deposed judge as telling a government messenger: "Don't play such jokes on us."
Justice Sabihuddin, the deposed SHC CJ, was contacted by a federal secretary, who too was serving in Sindh till recently. Justice Sabih was offered to come back as the CJ of the SHC but by taking a fresh oath.
Justice Sabih was also told by the federal secretary that most of his colleagues (deposed judges of the SHC) had already agreed to take fresh oath but later when the deposed judges met, they found that the secretary had bluffed the deposed CJ SHC.
Justice Sabih, the sources said, told the government nominee that all the deposed judges continued to be constitutional judges but had been illegally prevented from attending their offices. He also said in the light of Nov 3 SC judgment handed down by the 7-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, he did not consider the Nov 3 action as valid.
Like Sindh, the sources said, there has also been no success achieved by the government in Lahore and Peshawar, where the deposed judges remained firmly committed to their principled position.
A total of 60 judges of the superior judiciary had refused to take oath under the PCO on Nov 3, 2007. In the following days and weeks, the government succeeded to persuade almost 19 of these judges, mostly from the high courts, to take oath under the PCO. However, a total of 41 judges remained deposed including honourable Justice Rana Bhagwandas, who reached the age of superannuation last December.
Some of the deposed judges are facing extremely difficult financial conditions because of not being paid their monthly salaries and other allowances. The PPP co-chairman recently asked the government to pay them their salaries for the last five months but Law Minister Farooq Naek has put a condition that these salaries would only be paid if the law so allowed.
However, despite their economic difficulties, these judges have refused to compromise.
Most of the deposed judges, it is said, are also reluctant to get even the promised reinstatement if Chief Justice Iftikhar Muhammad Chaudhry is not restored.
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