Govt issues notifications for restoration of judges

President of Pakistan Asif Ali Zardari.&md

ISLAMABAD The government on Tuesday officially restored deposed Chief Justice Iftikhar Mohammad Chaudhry along with ten other judges in a two separate notifications, erasing the lingering doubts about its intentions.

`Whereas the Prime Minister of Pakistan was pleased to announce on 16th day of March 2009 that the deposed Judges of the Supreme Court and High Courts including Justice Iftikhar Muhammad Chaudhry, the deposed Chief Justice of Pakistan shall be restored to the position they were holding immediately before 3rd day of November 2007,` the notification issued by the Law and Justice Division said.

`Now, therefore, the President of Pakistan is pleased to restore Justice Iftikhar Muhammad Chaudhry, the deposed Chief Justice of Pakistan to the position he was holding immediately before 3rd day of November, 2007. Mr Justice Iftikhar Muhammad Chaudhry will assume office of Chief Justice of Pakistan on 22nd March 2009 after retirement of Mr. Justice Abdul Hameed Dogar, Chief Justice of Pakistan on 21 March, 2009.`

Since the restored judges have come through an executive order, they will not be required to take a fresh oath, Attorney General Sardar Mohammad Latif Khan Khosa explained to the media here Tuesday.

In the wee hours of Monday Prime Minister Yousuf Raza Gillani had announced the restoration of pre-emergency judges sacked by former president Pervez Musharraf - a decision that ultimately turned the long march and agitation for the restoration of judiciary into festival.

The other judges who have been restored are Justice Javed Iqbal, Justice Khalil-ur-Rehman Ramday, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmad of the Supreme Court, Justice Khawaja Muhammad Sharif, Justice Ijaz Ahmed Chaudhry and Justice Iqbal Hameed-ur-Rehman of the Lahore High Court, Justice Mushir Alam and Justice Maqbool Baqar of the Sindh High Court and Justice Ejaz Afzal Khan of the Peshawar High Court.

With the restoration of four more judges, the strength of the Supreme Court will swelled to 25 from the existing 21. Through a finance bill on June 23, 2008 the government had increased the strength to 29 from 17.

`All the restored judges of the Supreme Court have decided to retake their offices as judges, on the day when the chief justice will resume his office,` a source close to restored judges told Dawn on condition of anonymity.

Justice Iftikhar Mohammad Chaudhry who was originally elevated to the Supreme Court in February 4, 2000, will retire on December 19, 2013.

Justice Iftikhar was first suspended by the former president on March 9, 2007 when he did not obliged the latter by refusing to resign and had to face a reference on misusing his office. The suspension sparked a historic lawyers` movement that culminated in his restoration by a 13-member bench of the Supreme Court on July 20, 2007. He was again sent home and put under house arrest when the former president proclaimed emergency rule on November 3, 2007 but Prime Minister Yousuf Raza Gillani ordered his release along with other judges on March 24, 2008.

Justice Javed Iqbal will complete his tenure as judge of the Supreme Court on July 31, 2011, while Justice Khalil-ur-Rehman Ramday will retire on January 12, 2010, Justice Raja Fayyaz Ahmed on May 31, 2011 and Justice Chaudhry Ijaz Ahmad on May 4, 2011.

Justice Javed Iqbal had refused to take oath under the Provisional Constitution Order (PCO) but accepted a lucrative government position as the Chairman of the Press Council of Pakistan thus kicking a heated controversy over his decision.

As the acting chief justice he was also part of the five-member Supreme Judicial Council which initially heard the reference against Justice Iftikhar. He later presided over the bench which was hearing the petitions challenging the acceptance of nomination of President Musharraf by the Election Commission when the former president proclaimed state of emergency rule was proclaimed.

Justice Javed along with Justice Raja Fayyaz was also part of the seven-member bench which was presided over by Chief Justice Iftikhar and had declared emergency unconstitutional, shortly before its promulgation.

Justice Khalil-ur-Ramday who is in Singapore and will be arriving at Lahore on Thursday evening had presided over the famous 13-member bench which reinstated Justice Iftikhar on July 20, 2007.