Controversy over oath by judges?

Published November 26, 2002

LAHORE, Nov 25: Until a few minutes after taking fresh oath of his office under the partly restored 1973 Constitution on Monday, Governor Khalid Maqbool was still in the dark if the judges also needed to be sworn-in afresh or not.

“I don’t know if the judges (of the superior courts) are taking fresh oath or not,” the governor told reporters at the Governor’s House. “There are different directives of the federal government in this regard. I cannot say if the judiciary is required to be administered fresh oath as a consequence of the revival of the Constitution or not.”

The controversy over the issue has been raging for several weeks as some legal experts believe that the judges are required to take fresh oath under the restored Constitution. Others, including senior government officials, do not see the need for it.

Several senior civil and military officials and judges of the high court were present at the ceremony held only hours before the commencement of the inaugural session of the Punjab Assembly.

Provincial ministers, who seemed lost at the end of their term as members of the cabinet, also attended the ceremony. Prominent among the guests was Lahore Corps Commander Lt-Gen Zarar Azim.

Mr.Maqbool had first assumed the office of governor of the province on Oct 29 last year. Before assuming his responsibility as governor, the retired lieutenant general was working as chairman of the NAB while still in the military service. He has also served as Lahore corps commander before his appointment as chairman of the NAB.

The governor told reporters that he would “busy himself in the social and public welfare-oriented activities” after installation of the elected government in the province. “The province would be run solely by new chief minister (who is expected to take the charge of government by the end of this week). I will only assist the political and constitutional government through my advice, if and when sought. I will strengthen the new government,” he said.

He pointed out that he was in constant touch with the political forces who were expected to form government in the province. “I am hopeful that a strong and vibrant government will be formed.” Replying to a question, he said: “He would have no role in the selection of new provincial cabinet”. But he did not rule out “advising the chief minister on it if his advice was sought”.

He ruled out taking any member of his cabinet as his “adviser” after the formation of political government.

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