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Restoration resolution

By Dr Farooq Hassan May 18, 2008

This week witnessed the fulcrum of national political crisis revolving around the matter of the writing of and adoption of a Resolution by the coalition government on the subject of the restoration of judges. The failure of the Gilani government and the Zardari-led PPP leadership actually resulted in the departure of the 15 PML-N ministers from the coalition.
Initially under the Murree Declaration a 30-day period was voluntarily given by the highest leadership of the major political parties now in harness of the governmental authority in Islamabad. Then as is well known to all and sundry, that the PPP leadership following the Zardari line, began to question the time frame of 30 days and also seriously asked the question when it would begin! Normally this period would commence from the day the new premier took office, which was March 25. However, to accommodate the wishy washy method of computation of this bizarre issue raised by the Zardari and his legal advisors, the PML-N, along with the leadership of the legal fraternity, reluctantly agreed to April 30 as the date of this period. This matter was further dragged on in Dubai and London with the new date set as May 12 for the moving of this Resolution in the parliament. Also as nothing happened and on the this day Mian Nawaz Sharif, for the first time in Pakistan's political history, left the government ministries in totality over merely an issue of principle. In a corrupt political milieu, this example needs our highest appreciation.
I was quite demoralised that this matter which to me appeared simple enough was not done successfully by the PPP led government. At tremendous pubic demand of my fellow lawyers, I drafted the following resolution for this purpose which was presented at 5 PM at the historic Minar-i-Pakistan on May 15 to the people's parliament. With hundreds of activists, human rights' NGOs, lawyers and political leaders of different parties and many ordinary citizens this Resolution was adopted in the presence of both electronic and print media at the same venue where in 1940 Pakistan Resolution was moved and accepted.
Since this becomes accordingly the first public document of its kind on this crucial subject, I am quoting it verbatim for the purpose of history, guidance of those relevant and research information. I may note in parenthesis that I prepared this document by keeping before me various national and international texts of high authority as amply borne out by the words of this Resolution. This history-making message reads as follows:
"Restoration of Judiciary and Democracy Resolution Lahore, Pakistan"
"We, the people of Pakistan, hold and believe these truths to be self-evident that without the judiciary's independence there can be neither a living or vibrant democracy in the country nor indeed justice between the people themselves or between the rulers and the ruled.
"And whereas the Pakistani nation and the Republic is founded on such immutable ideas and doctrines which are a part of their constitutional history the national legacy of which for the people stands forever enshrined in documents of such significance as the Objectives Resolution."
This states unequivocally that "Wherein the independence of judiciary shall be fully secured," And further which vigorously incorporates lofty thoughts as are embodied in these immortal words: "Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam be fully observed."
And further be it noted that human rights and freedoms have the highest place in the society by re-affirming it in categorical manner:
"Wherein shall be guaranteed fundamental rights including equality status, of opportunity and before the law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association."

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