Violators of SC Nov 3 order to be punished
By Amir Riaz May 26, 2008 FAISALABAD - Deposed Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said the judiciary had played the role of second fiddle for the dictators' convenience in the past, but now the time has changed. All persons deviating from the Supreme Court's November 3 decision against PCO and emergency by showing allegiance to a dictator would be prosecuted irrelevant of their status.
Spotlighting the dark history of the judiciary in Pakistan, he said Justice Munir was the first who opened a door for dictators by introducing 'doctrine of necessity', while the same principle was followed in cases of Nusrat Bhutto and Zafar Ali Shah. The judges bowed before dictators' wishes and validated their unconstitutional steps.
Addressing lawyers convention at Faisalabad District Bar Association in wee hours of Sunday while it was raining, he made it clear that now the time had changed as no individual would dare trample the Constitution in future under his feet or the judiciary would come forward to appease him because from now onward there would be rule of law and supremacy of constitution in the country.
According to CJP, the Constitution keeps a nation united. The nation, which deviates from this fundamental document is wiped off the world map. He said it was the primary obligation of all institutions including Parliament not to indemnify extra-constitutional steps, adding that November 3 steps had pushed the entire nation into deep crisis.
He said a Supreme Court bench on November 3 passed an order against PCO and the Emergency, restraining president and others from appointing new chief justice. The order was got implemented from authorities concerned. Therefore those who took oath under PCO violated SC' verdict and are liable to be prosecuted.
The country's survival rests in upholding the rule of law and supremacy of the Constitution. The people of this county will have to decide whether they want a tamed judiciary or independent one. If the people want independent judiciary they would have to raise their voice against PCO judges. He said November 2 judges could only protect people's lives and properties.
The CJP said he was blamed for interfering in the Executive's powers by using suo moto action, asserting that he was working within the constitutional parameters. He, however, questioned as to what was the fault of LHC, SHC and PHC judges? They did not take suo moto action, then why were they too removed?
He lauded the role of deposed judges, saying that they had become heroes and soon they would be rewarded for the sacrifices they had rendered to establish the rule of law.
The CJP said the people had started taking law into their hands by burning alive the outlaws; and our currency had devalued, that showed lack of trust in the present judiciary.
The CJP said it was not correct to use words 'deposed' or 'removed' for those judges who did not take oath under PCO because they were only restrained from performing their constitutional duty.







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