ISLAMABAD: The brave decision of Justice Saqib Nisar of not accepting the unconstitutional notification of the government and refusing to take oath in the Governor’s House as acting chief justice of the Lahore High Court has been widely appreciated by all segments of the society as it depicts the supremacy of the rule of law and unity of the judiciary.
Justice Saqib Nisar had categorically stated that he would act upon the orders of the chief justice of Pakistan and not on the unconstitutional notifications. He also refused to attend a would-be ceremony, which was to be hosted in his honour, during which he was to take oath as acting CJ of the LHC.
Almost every legal expert who commented on television channels after the government’s failed adventure with the judiciary on Saturday evening lauded the role of Justice Saqib Nisar for not accepting the unconstitutional notification.
Justice Wajhiuddin Ahmad, who himself refused to take oath under Musharraf’s first PCO in 2000 and is a son of Justice Waheedudin Ahmad who was one of the three dissenters of famous Zulfiqar ali Bhutto’s hanging case, appreciated the stance of Justice Saqib Nisar of defying the illegal and rootless notification of the government.
Barrister Akram Sheikh and Barrister Farog Naseem, while talking to Kamran Khan of Geo TV, also applauded the judge of LHC for his brave decision and prasied the unity among the judiciary against unconstitutional orders of the executive unlike November 3, 2007.
Moreover, it was also reported by television channels that Justice Khawaja Sharif also refused to obey the unconstitutional executive order of his elevation to the Supreme Court without the mandatory consultation of the chief justice under Article 177 of the Constitution.
Though Saturday’s failed adventure by the Gilani government resembled November 3, 2007 when the judiciary was assaulted on a Saturday and a late order of declaring the emergency rule
null and void was issued by the Supreme Court but the Khakis under Musharraf arrested the judges of the superior court and a few judges also took oath under the PCO but this time there wasn’t anyone to side with the government.
