Restoration resolution

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."

And as sadly borne out by the most tragic events of recent constitutional history in which the civil society, media and the legal fraternity undertook a monumental struggle against the fascist forces of a dictatorial regime; to do so they had to offer tremendous sacrifices of person and properties and indeed their livelihood for the goal of maintaining the majesty of Rule of Law and of sanctity of the constitutional governance; this was to ensure that the immutable rule of judicial independence as exemplified by the bold and courageous determination of many dozens of our superior judges can be hopefully achieved; the sacrifices of these members  of our judiciary, in the face of ruthless barbarity which led to many of them being detained along with their families and denied their liberty contrary to law, decency and Islamic teachings stands as a towering reminder of what this nation can achieve.

And whereas these unconstitutional steps were taken by General (retd) Musharraf on November 3, 2007, the said courageous men of honour were humiliated and illegally dismissed and deposed through the enforcement by force of state authority by asking them to take a fresh oath of allegiance to the usurpers illegal system; since over 60 of our superior judges ignored such illegal orders of a fascist dictatorship, including the chief justice of the Realm and 12 of his brother judges of Pakistan's apex court this country was plunged into a crisis of untold proportions.

Realising this sad state of affairs the people of Pakistan on February 18 in the general elections decisively rejected such atrocious actions of despotism by bringing into fore the representatives of democratic forces.

And whereas this president had previously perpetrated in exactly the same heinous manner by dismissing the senior most six judges of the Pakistan's Supreme Court including the then honourable chief justice of the country on January 25, 2000,

Whereas the highly unlawful action against the judiciary took place as the President feared the existing highest court of the land to possibly rule against him in contentious litigation ensuing before the court;

And such court busting techniques are contrary to the constitution, against international law and the Bangalore and UN declaration safeguarding the independence of judges; these actions are also against the principles of obedience to lawful actions as enunciated by the London Declaration of 1945 which validated the trial of the Axis dictators including of Nazis judges by the Allies;

Accordingly we resolve and give to the nation this day this solemn declaration which mandates that:

»    All members of the superior judiciary unlawfully prevented from doing their judicial work are to resume their duties to the people of Pakistan;

»    That we hold and declare the totality of actions taken by General Musharraf on November 3 as void and of no legal effect;

»    That consequently all the judges prevented from doing their lawful work stand automatically restored since the political sovereign, the people of Pakistan, gave their clear verdict in historic terms on this issue as articulated above on February 18, 2008;