KARACHI: Deposed SHC judges say SC moves contradictory
By Imran Ayub
KARACHI, Nov 6: Deposed Sindh High Court judges Sarmad Jalal Osmany and Anwar Zaheer Jamali have heaped scorn on the government for delivering a bitter blow to the judiciary and leaving the third pillar of the state badly weakened.
They told Dawn on Tuesday that under the Nov 3 restraint order of the Supreme Court, the constitution of new benches of the apex court would be unlawful.
“My viewpoint is very clear,” said Justice Osmany. “The Supreme Court on the same day issued orders which rejected the Provisional Constitutional Order, so further action under it would naturally be unlawful.”
When asked to comment on Tuesday’s orders of the Supreme Court which reversed the seven-member bench’s decision declaring emergency rule illegal, the judges said the latest move by the apex court was “self-contradictory” and could lead to a legal debate.
“It’s all about interpretation of the law,” said Justice Osmany. “Once the Supreme Court’s orders are not considered, how can one expect their implementation in the days to come?”
“On Saturday, when the Supreme Court ruled against the state of emergency, there was an instant reaction from the government but no such order was passed,” said Justice Jamali. “Now, after two days, the Supreme Court is saying it would be deemed as if it had not taken place.”
He said the Sindh High Court had received the Supreme Court order by fax on Saturday, which declared the PCO unlawful.
Justice Jamali further said that the rulers considered themselves indispensable and their behaviour had weakened the institutions.
“It’s really unfortunate for Pakistan. The judiciary is the third pillar of the state and the way it was overpowered has left a question mark over the future of Pakistan and its democratic system.”
Justice Jamali said that one of the SHC judges had visited the court building on Sunday, a day after emergency rule was imposed, called the staff and opened the offices of those judges who had not taken a fresh oath under the PCO.
“Later, he threw our stuff out of the offices and asked the staff to drop it at our homes as, according to him, we were no more judges of the SHC,” he said.
Justice Osmany, who was heading the larger bench hearing the proceedings of the suo moto notice taken up by the SHC of the May 12 incidents, said he was denied entry into the SHC building by the security officials when he attempted to attend his office on Monday and said he was forced to return home. The hearing was due to resume on Monday after being adjourned last month.
Justice Osmany said the government had not deprived him of any official facilities, but his official security escort had been withdrawn. “There was no manhandling as such by the security officials when I reached the court on Monday, neither has the government so far taken its vehicle back from me,” he added.
