Three deposed apex court judges take fresh oath

ISLAMABAD/PESHAWAR - Three sacked judges of the Supreme Court of Pakistan staged a comeback on Friday after taking a fresh oath, leaving behind deposed Chief Justice, Iftikhar Muhammad Chaudhry, whose support is thinning with each passing day.

Those who took fresh oath are Justice Mian Shakirullah Jan, Justice Tasadduq Hussain Jillani and Justice Syed Jamshed Ali. These judges had refused to take oath under the Provincial Constitution Order (PCO) issued by former President Pervez Musharraf on November 3, 2007.

Chief Justice Abdul Hameed Dogar administered the fresh oath in a ceremony at Supreme Court building in the evening.

Judges of the apex court, Chief Justice Islamabad High Court Sardar Mohammad Aslam, other judges of IHC, Minister for Law Farooq H Naek, Attorney General for Pakistan Sardar Latif Khosa, Senior Advocate Senator Dr Babar Awan, Law officers, advocates and advocates-on-records and senior officials of the Supreme Court also attended the ceremony.

The re-appointed judges have again joined the bench with immediate effect and their seniority was ensured from November 2, 2007, the day they were sacked from their offices by the former regime.

These three judges are also entitled to take all pensionary benefits as judges of the apex court. A total of 12 apex court judges were deposed on November 2 last year when the then army chief and President Pervez Musharraf suspended the Constitution and imposed emergency in the country.

Sources in the Law Ministry say the PPP-regime is trying to convince more deposed judges of the apex court to accept their re-appointment while ensuring them that their seniority would not be disturbed.

Among these, the Law Ministry was hopeful about the return of deposed Justice Nasirul Mulk, Justice Chaudhry Ejaz Ahmed, Justice Falak Sher.

However, the chances for return of deposed Chief Justice Iftikhar Muhammad Chaudhry, Justice Khalilur Rehman Ramday, Justice Sardar Muhammad Raza and Justice Raja Fayyaz Ahmed were described as "thin".

Talking to the reporters at the oath taking, Law Minister Farooq H Naek said deposed Chief Justice Iftikhar Muhammad Chaudhry could be restored as a judge of the apex court if he shows willingness to take fresh oath.

Naek, however, ruled out the return of Iftikhar Muhammad Chaudhry as Chief Justice of Pakistan.

Farooq H Naek reiterated that Chief Justice Abdul Hameed Dogar is the constitutional Chief Justice of Pakistan and there could be no two chief justices under the Constitution.

Replying to a query whether the government could reconsider to restore Iftikhar Muhammad Chaudhry as Chief Justice of Pakistan, Naek said such a possibility could only be taken up if he comes back after taking fresh oath as a judge.

"Those deposed judges who are interested in taking oath should contact us," Naik said.