Date:06/09/2008 URL: http://www.thehindu.com/2008/09/06/stories/2008090653951400.htm

International

3 Supreme Court judges take oath in Pakistan

Nirupama Subramanian

Deposed Chief Justice Iftikhar Chaudhary getting isolated

ISLAMABAD: The isolation of the ousted Chief Justice, Iftikhar Chaudhary, increased on Thursday after three judges of the Supreme Court accepted the government’s offer of reinstatement on a fresh oath of office.

Four more judges are likely to be similarly restored on Monday.

Justices Shakirullah Jan, Tassaduq Jillani and Syed Jamshed Ali, dismissed by the former President, Pervez Musharraf, in the 2007 emergency, were sworn in to office by Chief Justice Abdul Hameed Dogar on Friday.

Though their taking a fresh oath implies a reappointment rather than reinstatement, the PPP-led government has restored to them their seniority as on November 2, 2007, the day before their dismissal.

The restoration of the three judges followed that of eight Sindh High Court judges, four Lahore High Court judges, and the deposed Chief Justice of the Peshawar High Court. General Musharraf sacked 60 judges on November 3, 2007, the day he imposed emergency rule ahead of a ruling by the Supreme Court on his eligibility to contest the presidential election.

After excluding those who retired over the ensuing months, the number of sacked judges was 42. Of these, 17 have now broken rank with the lawyers’ movement to be restored to office through a fresh oath.

The lawyers’ movement, which was demanding the unconditional reinstatement of all judges at the same time, sees in the government’s move a ploy to keep Mr. Chaudhary out of the Supreme Court, as it is unlikely that he would agree to be restored by being sworn in afresh.

According to the leaders of the lawyers’ movement, to be sworn in again implies accepting the dismissal by General Musharraf, whereas what they have been demanding is that the dismissals be declared unconstitutional and illegal.

But with an increasing number of judges accepting the government offer, the lawyers’ movement has all but collapsed.

Law Minister Farooq Naek told reporters that the deposed Chief Justice was also welcome to rejoin the Supreme Court similarly on a fresh oath of office. But the Minister made it quite clear that he would not be restored to his former position as the country’s the top judge.

“He can come and take the oath, but I have to tell you something. There cannot be two Chief Justices. Chief Justice Abdul Hameed Dogar has taken the oath of Chief Justice, and [if Mr. Chaudhary is sworn in as the Chief Justice] it can create a constitutional crisis, an impasse…” said Mr Naek.