April 13, 2008	Sunday	Rabi-us-Sani 6, 1429

ISLAMABAD, April 12: The heads of parties in the ruling coalition are likely to approve a plan for reinstatement of deposed judges through an executive order immediately after the passage of a resolution in the National Assembly, informed sources told Dawn here on Saturday.

PPP co-chairperson Asif Ali Zardari, PML-N chief Nawaz Sharif and ANP head Asfandyar Wali will be meeting probably on Wednesday, to resolve the judges’ issue by finalising suggestions put forward by different circles, including the lawyer community.

This will not be the only proposal to be discussed by the coalition leaders, informed sources, adding that all parties were preparing their proposals for the meeting and compromises on various aspects could be made.

According to the proposal, all deposed judges of the Supreme Court, including Chief Justice Iftikhar Muhammad Chaudhry, would be apprised about the plan and requested to make themselves available in Islamabad on the day the resolution was tabled in the lower house.

“Soon after the executive order, the Islamabad administration will facilitate the chief justice and other deposed judges of the Supreme Court to either assemble inside the Supreme Court building or at the present chief justice’s residence,” says the draft proposal.

The draft mentions there is a possibility that soon after the reinstatement, the judges may take up suo motu notices on steps taken on and after November 3, 2007, followed by an interim order facilitating the restoration of the judges of the superior courts to the position of Nov 2.

The draft states that the judges who have reached superannuation during the intervening period and those who joined another office of profit after Nov 3 would not be reinstated.

A significant suggestion under consideration is that all judicial appointments made since Nov 3 would be declared unconstitutional while the federal and provincial adminisrations would make official statements recognizing the restored judges as constitutional and legitimate.

The draft also seeks declaration of the establishment of the Islamabad High Court as unconstitutional.

Ashraf Mumtaz adds from Lahore: A resolution that the PML-N plans to move in the National Assembly to get the judges restored disputes the validity given by the Supreme Court to all orders passed and actions taken under the Proclamation of Emergency, the Provisional Constitution Order and Judges Oath Order as none of them has been ratified by the parliament.

The resolution that will be discussed by PML-N leader Mian Nawaz Sharif at a meeting with PPP co-chairman Asif Ali Zardari in Islamabad next week, says that all actions taken under the Provisional Constitution Order on Nov 3 and the subsequent Dec 14 Constitution Second Amendment Order 2007 have no validity in the eyes of law as they have not been ratified by the bicameral legislature, which was the competent forum for the purpose.

The Oath of Office (Judges) Order, 2007 (Judges Oath Order), under which the present incumbents of the superior judiciary have taken oath, is also consequently a nullity in the eyes of the law, says the draft resolution which, if adopted in its present shape, would reopen several issues which President Musharraf and the apex court think as settled.

Some constitutional experts say that in case the parliament did not validate the steps that plunged the country into a serious crisis, those responsible for taking those measures may have to face the legal consequences.

The resolution also contains the list of deposed judges whose reinstatement will be sought by the National Assembly.