December 16, 2007	Sunday	Zilhaj 5, 1428

PESHAWAR, Dec 15: Acting Chief Justice of the Peshawar High Court Saleem Khan and nine other judges, including six additional judges, took fresh oath under the 1973 Constitution here on Saturday.

Three of the 13 serving judges of the high court — Chief Justice Tallat Qayyum Qureshi, who at present is serving as acting governor, and Justice Raj Muhammad Khan and Justice Muhammad Raza Khan, who are abroad for Haj -- will take the new oath under the Constitution later.

Acting Governor Justice Tallat Qayyum Qureshi administered the oath to Justice Saleem Khan. The acting chief justice then administered the oath to the judges.

Normally, judges take oath at the high court, but due to a continuing boycott of courts by lawyers since the imposition of the state of emergency on Nov 3, the oath-taking ceremony was held at the Governor’s House to avert any untoward incident.

The nine judges who took the oath were Justice Jehanzeb Rahim, Justice Said Maroof Khan, Justice Hamid Farooq Durrani, Justice Shahji Rehman Khan, Justice Ghulam Mohyuddin Malik, Justice Yahya Zahid Gilani, Justice Ziauddin Khattak, Justice Syed Musadiq Hussain Gilani and Justice Mohammad Alam Khan.

A legal expert pointed out that the acting governor had taken the oath under the PCO but administered the oath to the acting chief justice under the 1973 Constitution. He added that the judges belonged to two categories: a confirmed judge appointed under Article 193 and an additional judge under Article 197.

“When their categories are different then how can they take the oath together,” he asked.

PHC Bar Association presidentAbdul Lateef Afridi said: “General Musharraf has made a mockery of the law and Constitution. Taking an oath has become irrelevant for these judges as they will continue to follow the dictates of Pervez Musharraf instead of the Constitution.”

He said that six out of the so-called additional judges had been given oath under the PCO on Thursday and they were directed to take another oath under the Constitution on Saturday.