Three deposed apex court judges take fresh oath

The two judges are Justice Shahjehan Khan Yousafzai and Justice Dost Mohammad Khan, who took oath of their offices under the Constitution of 1973.

The Governor of NWFP, Owais Ahmad Ghani administered oath to Chief Justice Tariq Pervez Khan at Governor House Peshawar on Friday.  Chief Justice Tariq Pervez Khan gave his consent on Thursday. Thereafter his notification was issued and he was sworn in as Chief Justice of PHC.

Chief Justice Tariq Pervez Khan then administered oath to Justice Shahjehan Khan Yousafzai and Justice Dost Mohammad Khan at Peshawar High Court about 10 PM at Court Room No. 1 of Peshawar High Court.

Justice Tariq Pervez Khan, Justice Shahjehan Khan Yousafzai, Justice Ejaz Afzal Khan and Justice Dost Mohammad Khan were amongst those judges who refused to take oath under the Provincial Constitutional Order (PCO) on November 3, 2007.

Justice Ejaz Afzal Khan has, however, refused to take oath again, and said, "My conscience is not allowing me for oath afresh". He said, when contacted on the phone, that he was approached for oath but he refused. He said that if the stand taken on November 3rd was correct then how he can take oath afresh. He said, "When conscience does not permit for oath then how I would do justice?"  

The situation has changed as Pervez Musharraf has gone and democratic government is ruling, therefore if the deposed judges come back so there was no illegality, these were the views of the lawyers' community.

The judges in other provinces have already been sworn in to their offices under the Constitution, the lawyers said, adding then why not judges of Peshawar High Court?

The Peshawar High Court, with reinstatement of Chief Justice and two senior judges, has 12 judges at the bench. According to sonority, they are Chief Justice Tariq Pervez Khan, Justice Shahjehan Khan Yousafzai, Justice Dost Mohammad Khan, Justice Jehan Zaib Rahim, Justice Said Maroof Khan, Justice Hamid Farooq Durrani, Justice Shahji Rehman Khan, Justice Ghulam Mohy-ud-Din Malik, Justice Syed Yahya Zahid Gilani, Justice Zia-ud-Din Khan Khattak, Justice Syed Musadiq Hussain Gilani and Justice Mohammad Alam Khan.

Agencies add: Federal Secretary for Law Agha Rafiq has said that all the deposed judges should take fresh oath within one week, other wise they will be considered as retired from services.

While talking to the journalists here on Friday in the Supreme Court before the fresh oath taking ceremony of the deposed judges, he said that the government has extended an offer to the deposed judges to restore them on their previous portfolios if they take fresh oath within one week while the judges who will not take oath during this time will be considered as retired from their offices.

He also made it clear on the occasion that the judges who will take fresh oath will be restored according to their seniority.

He refused to give any comment related to the restoration and fresh oath taking of deposed Chief Justice Iftikhar Muhammad Chaudhry.