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April 16, 2008
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Wednesday
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Rabi-us-Sani 9, 1429
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PML-N prepares resolution on judges
By Ashraf Mumtaz
LAHORE, April 15: The PML-N has presented the draft of a resolution for reinstatement of deposed judges to the PPP which has drafted its own resolution on the issue.
The resolution to be presented in the National Assembly will comprise common points of the two.
The PML-N draft, after a comprehensive preamble, says: “Now, therefore, we, the chosen representatives of the people of Pakistan, mindful of our solemn duty to maintain highest respect for and protect the integrity and independence of the judiciary under the Constitution and desirous of following internationally established judicial standards and best practices, hereby resolve:
(i) To bolster our commitment to establish an order wherein the independence of the judiciary is fully secured.
(ii) To maintain the independent structure of the judiciary guaranteed in the Constitution and to ensure its separation from the executive.
(iii) To ensure the highest respect for the judiciary and protect its integrity and independence.
(iv) To endorse the judgments of the superior courts that have consistently maintained the principle of independence of judiciary and held that the independence of judiciary is inextricably linked and connected with the process of appointment of Judges and the security of their tenure.
(v) To honour the Supreme Court Order in the case of the Chief Justice of Pakistan, Mr Justice Iftikhar Mohammad Chaudhry vs The President of Pakistan through the Secretary and Others, PLD 2007 SC 578.
(vi) To declare that the Proclamation, PCO, and the Judges Oath Order are constitutional deviations are null and void ab initio and as such the judges that are purported to have ceased to hold office pursuant to these instruments are still the lawful judges of the superior courts.
(vii) To declare that the allegations against the judiciary in the Proclamation are baseless and have been made to circumvent the law and legal process.
(viii) To denounce the negation of the principle of independence of judiciary in the PCO.
(ix) To denounce the individual and unilateral attempt to alter the Constitution pursuant to the Constitution (Second Amendment) Order, 2007 without recourse to the Parliament.
(x) To denounce the Judges Oath Order and declare invalid the removal of judges in pursuance thereof.
(xi) To question the soundness of the judgment of the Supreme Court of Pakistan in CP No. 87 and 88 of 2007 dated November 23, 2007.(xii) To remedy the wrong done to the sixty ousted judges by recognizing their continuing right to their respective judicial offices.
(xiii) To require the executive authority concerned to forthwith facilitate the restitution of the sixty ousted judges in their respective courts.”
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