MULTAN, Nov 12: Deposed Lahore High Court Justice Muhammad Jahangir Arshad says verdicts of the judges who have taken oath under the Provisional Constitution Order will be illegal, unconstitutional and in violation of the order of the seven-member Supreme Court bench.

Talking to Dawn on Monday at his residence, Justice Arshad said under the Constitution, the powers of the Supreme Court and high courts could not be suspended.

Being satisfied with what he had done and elated at the appreciation he received from different sections of society, Justice Arshad was optimistic that lawyers would succeed and rule of law would ultimately return.

He said according to the Constitution, the emergency could be imposed only under articles 232, 233, 234 and 235, and after its imposition few fundamental rights of judiciary could be suspended but on the whole it remained functional.

He said the Supreme Court could take up the imposition of emergency and had the authority to rule for or against it.

Under house arrest since

Nov 3, Justice Arshad said no country in the world had held its judges under house arrest and withdrew their privileges.

Sighting the Zaffar Ali Shah case, he said the government should give reasons for the removal of judges.

He said he was transferred from Multan bench to Lahore because he had served a notice to the Punjab chief minister regarding what he called the illegal transfer of public servants.

“If my decision to serve the notice was wrong, why the chief minister withdrew the order and why he did not defend himself.”

He said the Lahore High Court chief justice used to punish senior judges because he enjoyed official backing.

He said five people — President Pervez Musharraf, Attorney-General Malik Abdul Qayyum, Law Secretary Mian Muhammad Ajmal, Sharifuddin Pirzada and Justice Abdul Hameed Dogar —- had played a major role in the imposition of emergency.

Similarly, he said the judges who had taken oath under the Provisional Constitution Order should be removed and prosecuted for violating the Constitution as well as the decision of the Supreme Court.

He said Malik Qayyum could not become the attorney-general of Pakistan because the Supreme Court had given a judgment against him.

He said eleven LHC judges, including Justice Khwja Sharif, Justice Zahid Husain, Justice Najamuz Zaman, Justice Mian Saqib Nisar, Justice Asif Saeed Khosa, Justice Maulvi Anwarul Haq, Justice Mian Hamid Farooq, Justice Khalid Alvi, Justice Ejaz Chaudhry, Justice Sair Ali and he himself had held a meeting on Nov 2 in Lahore and decided not to take oath under the PCO. Justice Zahid Husain had then showed his reservations, he added.

He said three of 11 judges — Justice Zahid Husain, Justice Sair Ali and Justice Khalid Alvi — were called for taking oath under the Provisional Constitution Order, but Justice Sair Ali again refused.

He said Justice Hamid Farooq, Justice Najamuz Zaman and Justice Anwarul Haq were from the very first day in favour of taking oath under the PCO.

He said the government was tempting the high court judges that they would be elevated to the Supreme Court while those who were close to retirement were offered service extension.

He said lawyers were struggling for a noble cause and deposed judges wanted to join them and would be among them surely.

He said the resumption of hearing in President Musharraf’s dual office case would be an act of injustice because all the main lawyers had been behind bars.