KARACHI, May 5: Former Supreme Court judge Fakhruddin G. Ebrahim has dissociated himself from a committee constituted by the Pakistan People’s Party and Pakistan Muslim League-N ‘for reinstatement of the deposed judges and allied matters’ because it was discussing proposals on retention of the judges inducted after Nov 3, 2007.

A letter addressed by him to Federal Law and Parliamentary Affairs Minister Farooq H. Naek earlier on Monday was made public by Pakistan Bar Council executive chairman Rasheed A. Razvi at a hurriedly-called press conference in the evening. The letter was endorsed to Mr Razvi and PML-N president Shahbaz Sharif and was desired to be circulated among the members of the committee, which was due to meet in Islamabad at 8pm. The PBC executive chief appreciated the letter as being truly reflective of ‘the legal fraternity’s stance and national aspirations’.

Asked whether Supreme Court Bar Association president Aitzaz Ahsan would also quit the committee, Mr Razvi, who is also president of the Sindh High Court Bar Association, said he was not aware of Mr Ahsan’s reaction. However, a convention of lawyers’ representatives from across the country has been scheduled in Lahore for May 17 after a PBC meeting on May 16 to work out the future course of action if the deposed judges are not restored by May 12. Apparently, he said, the committee was more interested in the retention of post-Nov 3, 2007, judges than in reinstatement of the deposed judges.

Mr Ebrahim’s letter said: “The first meeting of the committee for restoration of deposed judges and allied matters held on May 3 discussed proposals for increasing the strength of the Supreme Court from 17 to 27, restoration of the illegally deposed judges, including Chief Justice Iftikhar Chaudhry, in terms of the Bhurban Declaration and retention of the judges inducted after Nov 3, 2007. Since then, I have pondered over these proposals and arrived at certain conclusions, which I deem it necessary to share with your good self.

“You will recall that Clause 3(d) of the Charter of Democracy signed in 2006 by Shaheed Mohtarma Benazir Bhutto and Mian Mohammad Nawaz Sharif states in no uncertain terms that ‘no judge shall take oath under any PCO…..’ Therefore, I, in good conscience, cannot become a party to devising any formula which may reward those who have acted in violation of your Charter of Democracy on Nov 3, 2007.

“The Bhurban Declaration promised the people of Pakistan that ‘the deposed judges would be restored on the position as they were on Nov 2, 2007, within 30 days of the formation of the federal government through a parliamentary resolution. Five former chief justices of Pakistan and 16 other former judges of the Supreme Court concur in stating, vide their statement of March 15, 2008, that ‘a simple resolution in the National Assembly….would provide more than sufficient backing for the executive, which in any event is obligated under Articles 5 and 190 of the Constitution to take immediate measures restoring all chief justices and judges removed on Nov 3, 2007, (save those who have reached the age of superannuation) and issue necessary directions’…..

“I am also a party to the March 15 statement, Para 6 of which says that ‘ with respect to the new appointments made during and after the PCO regime, we are of the view that the removals being unconstitutional, no new appointment could be made against existent or non-existent vacancies, particularly without consulting the de jure chief justice. Nevertheless, on humanitarian considerations the cases of deserving meritorious appointees could be considered for fresh appointment in accordance with the exercise carried out in Al Jehad case…..

“Therefore, I am constrained to state that, notwithstanding my respect for the two major political parties who have received public mandate, I cannot be a party to any formula which attempts to reward those judges who have taken oath under the PCO of Nov 3, 2007, and had acted in violation of the Supreme Court order of Nov 3, 2007. In the circumstances, I cannot persuade myself to continue to participate in the committee proceedings.”