May 23, 2008	Friday	Jamadi-ul-Awwal 17, 1429

KARACHI, May 22: Deposed Chief Justice Iftikhar Mohammad Chaudhry has praised the deposed judges of high courts for rejecting an offer of fresh appointment.

In a telephonic address to a joint meeting of the Karachi, Sindh High Court and Malir bar associations held at the City Courts here on Thursday, Justices Iftikhar said the judges had turned down the offer because they could not accept the unconstitutional steps taken on Nov 3, 2007.

The deposed judges could not accept such offers because they were accountable to the coming generations, he said.

Justice Iftikhar said: “We would not have seen this day had our judiciary not supported unconstitutional steps taken by dictatorial regimes in the Zafar Ali Shah case and on other occasions.”

He said the Constitution had been abrogated and suspended repeatedly by dictators and the judiciary had validated their unconstitutional steps which had created hurdles in the way of rule of law and supremacy of the Constitution.

The chief justice said a seven-judge bench of the Supreme Court headed by him had overturned the Nov 3 steps and made it clear to the elements which wanted to impose martial law that the Constitution did not allow them to do so.

“The bench had also asked all the judges of superior judiciary not to take oath under the Provincial Constitution Order and most of them obeyed the order. The nation knows how much respect is enjoyed by those who have taken oath under the PCO,” he said.

Justice Iftikhar said the Feb 18 elections had brought about a big change in the situation and the people had given their verdict that they wanted supremacy of the Constitution and rule of law. Therefore, judges could not compromise on the rule of law.

He said all institutions of the state, including an independent judiciary, must be restored in order to regain people’s confidence.

He praised the decision of ‘a political party’ for sacrificing its 15 ministries for restoration of independent judiciary, rule of law and supremacy of the Constitution. It was the first time in the country’s history that a party had sacrificed its ministries for a noble cause, he said.

He paid tribute to the legal fraternity, members of the civil society and the media for sustaining their 14-month-old struggle for the rule of law and supremacy of the Constitution and urged them to stay united and be prepared to render more sacrifices to make it successful.

Deposed Chief Justice of the Sindh High Court Justice Sabihuddin Ahmed said democratic system could not run without a self-governing judiciary. “We did not accept the offer of our re-appointment because we could not acknowledge the Nov 3 steps which were unconstitutional,” he added.

Deposed Justice Sarmad Jalal Usmani and Justice Mushir Alam of the SHC, office-bearers of bar associations, political leaders and a large number of lawyers, workers of the All Parties’ Democratic Movement and members of the civil society were present on the occasion.