August 28, 2008	Thursday	Sha'aban 25, 1429

LAHORE, Aug 27: A former judge of the Lahore High Court has challenged the validity of the government’s move to reappoint eight judges of the Sindh High Court.

According to him, the SHC judges who took oath of office on Wednesday were on fresh appointments and have not been restored to their previous posts.

Talking to Dawn here on Wednesday, Justice Sair Ali said the eight SHC judges had been given a fresh oath along with back benefits and seniority “but the Constitution does not have any provision for a re-appointment”.

“I will not accept such an offer because it will be tantamount to accepting the illegal action of Nov 3,” he said.

President of the Lahore High Court Bar Association Anwar Kamal said the deposed judges of Sindh had walked into a trap by accepting appointment under Article 190 of the Constitution and their seniority could be challenged by any sitting Sindh High Court judge, who could file a petition saying that any judge appointed after him could not be considered as being senior to him.

He said it was a settled principle that an official rejoining his service after a break ended up at the lowest rung of the ladder, adding that even Chief Justice Abdul Hameed Dogar could not give priority to the seniority of the newly-appointed deposed judges.