No PCO judge in country, says Naek

ISLAMABAD - As many as four more judges of the Supreme Court were sworn in here on Saturday in a ceremony where Chief Justice Abdul Hameed Dogar administered oath to them.



Those who took oath include Justice Sardar Muhammad Raza Khan, Justice Nasirul Mulk, Justice Sabihuddin Ahmed and Justice Sarmad Jalal Osmany.



Among these, Justice Sardar Muhammad Raza Khan and Justice Nasirul Mulk, the two deposed judges of the apex court, have been reappointed while Justice Sarmad Jalal Osmany has been elevated to Supreme Court from Sindh High Court.  



Justice Sabihuddin Ahmed, the deposed Chief Justice of SHC, has been appointed afresh as judge of the apex court.



These judges have been appointed by the President of Pakistan under powers conferred upon him under Article 177 of the Constitution of the Islamic Republic of Pakistan.



Before the oath-taking, it was announced that the seniority of these judges was being protected from November 2, 2007 position and they would be entitled to enjoy all the pensionary benefits as the judges of the Supreme Court.



According to the latest seniority position, Justice Sardar Muhammad Raza Khan is now the senior most judge after the incumbent CJ Abdul Hameed Dogar who is set to retire on March 21 next year on reaching the age of superannuation. Prominent among those who were present at the oath-taking ceremony at the SC building were judges of the apex court, CJ Islamabad High Court Sardar Mohammad Aslam, other IHC judges, Judges of Federal Shariat Court, Minister for Law and Justice Farooq H. Naek, Attorney General for Pakistan Sardar Latif Khosa, Senator Dr Babar Awan, law officers, lawyers and senior officials of Ministry of Law and Justice.



Talking to reporters after the oath-taking, senior apex court judge Sardar Muhammad Raza Khan said the return of deposed judges to their offices was actually a result of struggle by lawyers across the country. Justice Raza said he believed that the remaining deposed judges should also take oath, however, it would be their own discretion whether they do so or not. Talking to media on the occasion, Law Minister Farooq H. Naek said there was no PCO judge in the country as about ninety per cent of the judges who refused an oath under the PCO had been restored by the government.



Pakistan Peoples Party (PPP) Government, Naek said was fully committed to fulfilling its promises of restoration of deposed judges and removal of Pervez Musharraf.



"Almost all the deposed judges have been restored with their seniority and past benefits ensured, Naek pointed out.



Replying to a query about the deposed Chief Justice Iftikhar Mohammad Chaudhry, Farook H. Naek said he had no contact with the former top adjudicator of the country.



"We have invited all the deposed judges with open mind to take fresh oath, but so far as the constitutional position is concerned, there can be no two Chief Justices. Justice Abdul Hameed Dogar is the only Chief Justice of Pakistan", Naek said.



He called upon the general public and the people concerned to put forward their valuable suggestions to the Law Ministry so that these could be incorporated for strengthening the state institutions. Naek also stated that the government would soon make evening courts functional for quick dispensation of justice in the country.