 |
| |
WEEKLY
SECTIONS |
|
 |
 |
|
| NA resolution to restore deposed judges |
|
|
|
|
|
Wednesday, March 19, 2008
By Ansar Abbasi
ISLAMABAD: The Pakistan Muslim League (PML-N) has already got a draft resolution prepared by the respected constitutional guru, Fakhruddin G Ebrahim, to be adopted by the National Assembly for reinstating the pre-Nov 3 judiciary.
A copy of the draft resolution, available with The News, pays tributes to the slain PPP leader Benazir Bhutto and others, who made the ultimate sacrifices for the supremacy of parliament in the country.
It provides in no uncertain terms that a judge of the Supreme Court or a high court cannot be removed from his/her office except as provided in Article 209(7) of the Constitution. The draft resolution, which would now be shared with the PPP and the ANP to finalise it before moving in the National Assembly, would call upon the federal government to remove all restrictions placed on the chief justices and judges of the superior courts.
The draft resolution, while referring to the unanimous view recently expressed by 22 leading retired judges, including former chief justices of Pakistan, said that the action of Nov 3, 2007 seeking to remove and restrain the chief justices and the judges of the Supreme Court of Pakistan and the high courts was void ab initio and had no sanctity in law. It says that history would not forgive those still creating obstructions in the path of constitutional rule in Pakistan.
Through the same draft resolution, the federal government would be asked to perform its
obligation under Article 190 of the Constitution and act in aid of the chief justices and judges of the Supreme Court and high courts, who were illegally restrained on and after Nov 3, 2007 so that they may resume their judicial functions in accordance with the provision of the Constitution.
The draft resolution reads as: "The National Assembly of Pakistan. Whereas the elected representatives of the people of the Islamic Republic of Pakistan acknowledges and honour the long and arduous struggle for the return to democracy and rule of law by the ordinary citizens of our beloved country.
“And whereas, we pay tribute to Shaheed Mohtarma Benazir Bhutto and thousands of brave members of the legal fraternity, the civil society, the media and political activists across the country who made the ultimate sacrifices and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan. We shall not let their sacrifices go in vain.
“And whereas, this assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful that the rule of law cannot survive the rule of the gun unless we have an independent judiciary. And, we are cognizant that we shall never have an independent judiciary if judges of the superior courts of this country are imprisoned at the whims of a lone individual.
“And whereas, we as members of the National Assembly have taken oath to 'preserve, protect and defend the Constitution of the Islamic Republic of Pakistan' and we shall not waive from this oath.
“And whereas, Article 209(7) of the Constitution provides in no uncertain terms that 'a judge of the Supreme Court or of a high court shall not be removed from office except as provided in this article'.
“Therefore, as opined unanimously by leading former chief justices and judges of the Supreme Court of Pakistan, actions of November 3, 2007, seeking to remove and restrain the chief justices and judges of the Supreme Court of Pakistan and high courts is void ab initio and has no sanctity in law.
“We, therefore, bound by our Constitutional oath and the mandate given by the people of Pakistan on February 18, 2008 do hereby RESOLVE and call upon the federal government to remove all illegal restrictions placed on the chief justices and judges of the Supreme Court of Pakistan and high courts on and after November 3, 2007 with immediate effect.
“History shall not forgive those, who even now, may seek to obstruct the irreversible path to constitutional rule in our great country. “Therefore, we further RESOLVE, and call upon the federal government to perform its obligation under Article 190 of the Constitution and act in aid of the chief justices and judges of the Supreme Court of Pakistan and high courts who were illegally restrained on and after November 3, 2007 so that they may resume their judicial functions in accordance with the provisions of the Constitution. Dated: March 2008.”
|
|
|
| |
| |
| |
| |
|
|
| Back
| Send
this story to Friend | Print
Version |
|
|
Destroy militant hideouts in Pakistan: Karzai
KABUL: Afghan President Hamid Karzai on Thursday urged his Western allies to destroy Islamist militant sanctuaries in neighbouring Pakistan after thousands of secret US files were leaked.
“The time has come more |
|
|
199 die in Khyber-Pakhtunkhwa rains, floods
By Nisar Mahmood
PESHAWAR: The death toll from torrential rain and floods in various parts of Khyber Pakhtunkhwa during the last two days reached 199 as dozens more casualties were reported on Thursday.
The heavy showers more |
|
|
Severe rains threaten three provinces, warnings issued
By Ansar Abbasi
ISLAMABAD: The Federal Flood Commission and the Met office have warned the authorities that the next 24 hours are critical and if the ongoing spell of rains continues, innumerable villages in Khyber-Pakhtunkhwa more |
|
|
Possible factors that brought Airblue plane down
By Shakil Shaikh
ISLAMABAD: A probe into the horrifying crash of Airblue’s Airbus into the Margalla hills, which killed all 152 persons on board, has been started to find out all possible factors that contributed to the disastr more |
|
|
Plane crash probe will be transparent: Malik
ISLAMABAD: Federal minister for Interior Rehman Malik on Thursday confirmed that 66 bodies had been handed over to their heirs after their identification through DNA.
Talking to media here he said the Bl more |
|
|
|
Parliamentary body has primacy over judicial commission: CJ
Wonders if Murree, Changa Manga would also be staged in judges appointment; advises against humiliating judiciary; says PM made powerless in judges appointment
By Sohail Khan
ISLAMABAD: Chief Just more |
|
|
|
HEC not satisfied with Sindh University verification process
By Usman Manzoor
ISLAMABAD: The Higher Education Commission has formally conveyed to the National Assembly’s Standing Committee on Education that it was not satisfied with the verification process adopted by the University of S more |
|
|
|
Wants dictators punished
DHAKA: Bangladesh’s Supreme Court has reinstated a ban on Islamic political parties in the latest blow to religious hardliners in the impoverished South Asian country, a minister said Thursday.
In a deta more |
|
|
|
ECP, HEC in row over focal person
By Saadia Khalid
ISLAMABAD: The appointment of a focal person in the Higher Education Commission (HEC) has raised yet another controversy as the HEC officials say they have not received any notification as yet while the ECP cla more |
|
|
|
ECP finds itself in a limbo, no matter what the HEC does
By Tariq Butt
ISLAMABAD: The Election Commission of Pakistan (ECP) is unable to proceed against the fake degree holders unless it is duly constituted with the induction of four retired high court judges as its members.
Ch more |
|
|
|
Indian PM says hopeful of restoring Pakistan talks
NEW DELHI: Indian Prime Minister Manmohan Singh said on Thursday he was hopeful of restoring talks “sooner or later” to improve ties with Pakistan after their last meeting ended in acrimony over the 2008 Mumbai more |
|
|
|
Crackdown forced Afghan militants to leave Pakistan: FM
By Tahir Hasan Khan
KARACHI: Rejecting the Afghan President Hamid Karzaiís comments, Foreign Minister Makhdoom Shah Mehmood Qureshi has said that most of the Afghan war stalwarts had left Pakistan for other places due to crackdown more |
|
|
|
Zardari fares poorly, Kayani more popular: poll
WASHINGTON: Only one in five Pakistanis view their president, Asif Ali Zardari, favourably while the country’s army chief gets a more positive rating, according to a new opinion poll released Thursday.
more |
|
|
|
Miliband, others blast Cameron for anti-Pakistan remarks
By Murtaza Ali Shah
LONDON: Former British Foreign Secretary Labour leadership hopeful David Miliband became the highest profile British politician to condemn Prime Minister David Cameron, accusing him of being a “loudmouth” over more |
|
|
|
Pakistan terms British PM’s remarks shocking
By Mariana Baabar
ISLAMABAD: In a ‘muted’ reaction Pakistan Thursday said the remarks made by British Prime Minister David Cameron were ‘surprising’ and ‘saddening’.
Foreign Minister Makhdoom Shah Mahmood Qureshi said the more |
|
|
|
Zardari, Gilani discuss air crash, other issues
By Asim Yasin
ISLAMABAD: President Asif Ali Zardari directed the government to make the inquiry report of tragic incident of air crash at Margalla hills public so that the people know as to what really led to the tragic inci more |
|
|
|
Pakistan urged to tackle terrorists
NEW DELHI: Manmohan Singh, the Indian prime minister, and British Prime Minister David Cameron have called on Pakistan to tackle terrorist groups operating from its territory.
“No one is in any doubt, le more |
|
|
|
PML-Q senator seeks ruling against fake degree holders
By Muhammad Anis
ISLAMABAD: A PML-Q senator on Thursday sought a ruling from the Senate chairman against those holding bogus educational documents. Senator Jamal Leghari, raising a point of order, said a ruling should come from more |
|
|
|
briefs...
Attique sworn in as AJK PM
By Syed Abid Hussain Shah
MIRPUR (AJK): All Jammu and Kashmir Muslim Conference chief Sardar Attique Ahmed Khan was Thursday sworn in as the Prime Minister of Azad Jamm more |
|
|
|
ISSN 1563-9479 
ShareThis