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March 15, 2008 Saturday Rabi-ul-Awwal 6, 1429







Deposed judges honoured as ‘judicial heroes’: C’wealth CJs seek judiciary’s reinstatement



By Our Special Correspondent


LONDON, March 14: The Commonwealth Judicial Education Institute (CJEI) has honoured the judges who refused to take oath under the PCO as “the judicial heroes of Pakistan”.

A list published by the official NGO of the Commonwealth lists deposed and detained Chief Justice Iftikhar Chaudhry and 40 other judges as “the judicial heroes” for refusing to take oath of allegiance to President Musharraf under the Nov 3 emergency proclamation.

The Chief Justices of the Commonwealth countries are Patrons of the Commonwealth Judicial Education Institute.

Describing the deposed judges as “men of strength and integrity”, CJEI chairperson Sandra Oxner said it was important for judges throughout the world to see them restored to their rightful office.

Paying tribute to the deposed judges and calling for their restoration, the CJEI said it “salutes the judicial heroes of Pakistan”, who had become a global symbol for independence and integrity of judges.

In his message of support, Lord Hamilton, Lord Chief Justice of Scotland, said the judges were removed without regard to the rule of law and without regard to the provisions of Article 209 of the Constitution.

Lord Hamilton said he welcomed all efforts that were being made to support those who had stood up for the independence of the judiciary and were now suffering as a result.

The Commonwealth Judicial Education Institute has published messages of support from the Chief Justices of England and Wales, Australia and Malta and other judges of the Commonwealth countries for the deposed judges of the superior courts.

The CJEI while condemning the treatment of the judges by the administration soon after the emergency was promulgated specifically narrated what had happened in Karachi on that fateful night: The night when the Martial Law Order was imposed, nearly 20 judges went to meet Sindh Chief Justice Sabihuddin Ahmed at his residence.

While the chief justice was meeting the judges, the governor of Sindh telephoned him and [advised] that the meeting be disbanded immediately.

The chief justice responded that he was under constitutional duty to advise judges to follow the order of the Supreme Court, and neglected the governor’s ‘advice’.

Immediately thereafter, armed personnel surrounded the house of the chief justice and dismantled the security tent and forced drivers of the judges to report immediately to the headquarters.

They roughed up the judges and drove them out of the house of chief justice and put him under house arrest.

Next morning all judges, who did not take oath under the PCO, assembled and proceeded to the Sindh High Court to attend their court work but were stopped at the entrance by armed personnel and were forced to return.






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