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June 05, 2008 Thursday Jamadi-ul-Awwal 30, 1429





PML-N separates judges’ issue from package



By Amir Wasim


ISLAMABAD, June 4: The special committee of the Pakistan Muslim League-Nawaz (PML-N) on Wednesday decided to separate the issue of restoration of deposed judges from the PPP-proposed constitutional package.

The committee met here for the second consecutive day on Wednesday with PML-N chairman Raja Zafarul Haq in the chair and attended by Chaudhry Nisar Ali Khan, Ahsan Iqbal and Khawaja Haris, advocate. An expert on constitutional matters Justice (retd) Fakharuddin G. Ibrahim also attended the meeting on special invitation.

Sources told Dawn that the committee members were unanimous in their views that the reinstatement of the deposed judges should not be a part of the proposed constitutional amendment package.

The sources said the PML-N committee had decided to recommend it to the PPP to remove Article 270CC relating to the restoration of the judges from the package.

The draft of the 18th constitution amendment bill 2008, prepared by Law Minister Farooq Naek and handed over to all the coalition partners, contains an Article 270CC with the heading “Restoration of Superior Court Judges”.

The proposed article says: Notwithstanding anything contained any provision of the Constitution, the Oath of Office (Judges) Order 2007, the High Court Judges (Pensionary Benefits) Order 2007 (P.O. No 8 of 2007), the Supreme Court Judges (Pensionary Benefits) Order 2007 (P.O. No 9 of 2007) and any other law for the time being in force or judgment of any court including a high court and the Supreme Court, the judges of Supreme Court and high courts, including the Chief Justice of Supreme Court and chief justices of high courts who had ceased to continue to hold office in pursuance of the Oath of Office (Judges) Order 2007, dated the 3rd day of November 2007, shall stand reinstated/restored to the position and seniority they were holding on the 2nd day of November 2007.”

Talking to Dawn, Mr Haq said the PML-N was determined and firm on its stand that the deposed judges should only be reinstated through a National Assembly resolution in accordance with the Murree Declaration. He said the party would not retreat from its stance on the issue of the judges. He said the PML-N also believed that there was a need to bring judicial reforms in the country, but the package for this purpose could be brought any time in the parliament.

Mr Haq was not optimistic about the passage of the PPP- proposed constitutional package, saying that the ruling coalition parties did not have a two-third majority in the Senate.

Mr Haq said the committee had almost completed its task and hopefully it would finalise its recommendations in a day or two. However, he said, the recommendations would be sent to party chief Nawaz Sharif for approval.

Mr Haq did not give any specific reply to the question as to what line of action would the party adopt if the PPP insisted on restoration of the judges through amendment to the constitution.







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