ISLAMABAD: The Pakistan People’s Party is all set to formally break the Islamabad Accord signed on August 7 and yet another promise its chief Asif Zardari made before the nation to restore the deposed judges in accordance with the Murree Declaration by reappointing 16 deposed judges and administering them fresh oath, credible sources told media.
After the breaking of the historic political PPP-PML-N alliance, the Naek Camp in the PPP is ready to reappoint 16 deposed judges in clear violation of the Murree and Islamabad declarations which according to majority of deposed judges is humiliation for the honourable judges who refused to bow before dictatorship on Nov 3 last and had set an unprecedented example in history.
According latest developments, PPP chief Asif Zardari through federal Law Minister Farooq H Naek has managed to get issued a recommendation letter from the governor Punjab and present Chief Justice Lahore High Court (LHC) for the reappointment of eight LHC deposed judges, sources said. It is learnt that the said letter has reached the office of Acting President Muhammadmian Soomro.
Sources told media that notification of reappointment of eight SHC judges issued on August 6 by Naek in connivance with former President Pervez Musharraf, which was held in abeyance on the same day by Prime Minister Syed Yousuf Raza Gilani on severe resistance of the PML-N, will be reissued today (Tuesday).
Sources also said that notification for the reappointment and fresh oath of LHC judges is also expected to be issued in two days. It is also learnt that these 16 deposed judges of high courts will take oath immediately after issuance of the two notifications.
The deposed judges of SHC who have accepted reappointment and will take fresh oath include Justice Anwar Zaheer Jamali (who had been named as chief justice of SHC), Justice Khilji Arif Hussain, Justice Amir Hani Muslim, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Ahmed Khan Sherwani, Justice Salman Ansari and Justice Abdul Rasheed Kalwar.
Sources told media the federal law secretary and federal Law Minister Farooq H Naek, despite their intense efforts, are so far unsuccessful in getting any deposed judge of Peshawar High Court (PHC) or Supreme Court on board for accepting re-appointment and taking a fresh oath. All the PHC and SC judges say accepting reappointment and taking a fresh oath would tantamount to accepting the Nov 3 unconstitutional steps of Pervez Musharraf as constitutional and legal. In Karachi, governor Sindh will administer oath of office to new Chief Justice Anwar Jamali who would administer oath to the rest seven deposed judges.
According to sources deposed SHC Chief Justice Sabihuddin Ahmad, deposed PHC Chief Justice Tariq Pervaiz and senior most judge of LHC Justice Khawaja Sharif have categorically rejected the repeated offers of Naek Camp to accept reappointment and to take fresh oath.
“Majority of deposed judges are not ready to accept reappointment or to take fresh oath. It is against the promises made by the ruling coalition especially Asif Zardari with the nation. It will be a humiliation of these judges and in future no judge will show courage to show defiance to dictators. It is so much unfortunate and depressing for the nation that jobs of the judges who bowed before a dictator on Nov 3 are safe while those who showed defiance are being humiliated even after ten months,” senior lawyer’s leader Athar Minallah told media.
Sources confirmed to media that in accordance with a deal PPP leader Asif Zardari has to fulfil a deal he brokered with some foreigners regarding Musharraf and has to give him indemnity from his Nov 3 unconstitutional steps of sacking the judges in any case. “So he will reappoint only those deposed judges who will be ready to take oath of loyalty for him (Zardari),” the sources maintained.
A senior lawyer’s leader termed any fresh oath to deposed judges as ‘oath under Zardari-PCO’. Supreme Court Bar Association (SCBA) President Aitzaz Ahsan told media that any judge who will accept reappointment and will take a fresh oath will be considered a PCO-judge. He said that such an act will disappoint people and lawyers across the country.
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